Mr. THAYER. The remark gains no weight by repetition.

Mr. SCHENCK. I am subjected to those influences; so are others. The difference, if there be any, is this: when I dine with, or am visited by, or visit in turn, one of these gentlemen, whom I esteem my friends, I am very much inclined to do what he wants done, to keep him where he is and to help him along, and I would be glad if I could do it. But I have taught myself to believe that I must struggle against this disposition; and I have succeeded in doing violence to my own feelings, and have not yielded, altogether at any rate, to the personal, social, and moral influences in this respect which surround me among the many very agreeable acquaintances that I have among these officers in the bureaus.

I do not know whether anybody is weaker than I am or not. If they are, then perhaps there may be a difference between us. If not, then there is none.

I have not charged anything else on the gentleman from Pennsylvania particularly in any way, but I have said and announced to the country I did hope this Congress would, now the war is over and when we are going to have a comparatively small military establishment, so much less than we have had during the war, attempt to bring down, or at least not increase, the relative or absolute rank of the various officers of the Army. In that I am disappointed. It may be I ought not to have been disappointed, but I am. That is all I can make of it.

I recognize the right of gentlemen to represent their own constituency and vote as they please. I have been accustomed to vote as I pleased, but always within the bounds of propriety. And I mean on these subjects to say what I please to the country.

Mr. RANDALL, of Pennsylvania. I do not think it is a killing affair even if the gentleman has been disappointed by the majority of the House having acted on their own good sense, his opinion to the contrary notwithstanding.

Mr. DAVIS. Mr. Speaker, I do not like to rest under the imputation cast upon me by my friend from Ohio. I wish to say no drop of blood kindred to my own circulates in the veins of any officer of the Army to be affected in any way by this bill.

I wish to say I am not under any social influence. Since I have lived in Washington I have never, like my honorable friend from Ohio, had the privilege of being entertained by distinguished characters at dinner. I am under no influence of that kind, but I respect the opinion of men high in the military service. When I know there was pending a bill which had been submitted by Lieutenant General Grant, General Meade, General Burnside, and other distinguished generals; and when I thought that bill had been concocted under their supervision, I say it is not only entitled to my consideration, but to the consideration of every member of the House. There is no one who supposes these distinguished generals of the Army know nothing of military affairs, or at least do not know as much as the chairman of the Committee on Military Affairs of this House. only honor the men whom the country honor, and in whom I am sure the country has confidence.

ADJOURNMENT OVER.

I

Mr. SPALDING. The gentleman from New York yields to me to make the motion that when the House adjourns to-day it adjourn to meet on Monday next.

Mr. SMITH. I demand the yeas and nays on that motion.

Mr. SPALDING. Then I withdraw the motion.

SATURDAY SESSION.

Mr. STEVENS. I move, by unanimous consent, that to-morrow be devoted to debate on the President's message.

There was no objection, and it was so ordered. Mr. STEVENS. I now ask the unanimous

consent of the House for the adoption of the following resolution:

Resolved. That on Saturday bills on leave and resolutions for reference only may be received by unanimous consent on condition they shall not be brought back by a motion to reconsider.

Mr. SPALDING. I object.

REORGANIZATION OF THE ARMY-AGAIN.

Mr. DAVIS. I desire, Mr. Speaker, to say only a word in conclusion. While I represent a constituency on this floor I intend to give my votes independent of any considerations like those to which the honorable chairman of the committee has alluded. I shall be under the influence and control of no man or set of men. I shall carry out the convictions of my own judgment, regardless of what may be said on one side or the other.

But, sir, in the discussion of this bill I think we should be guided by the suggestions of provisions which have been made by men of high military position. I further. go We ought rather to take their opinion than the opinion of so distinguished a military gentleman as the chairman of the Committee on Military Affairs.

Mr. SCHENCK. There was no such sugges tion made as the gentleman suggests. I profess to be no more virtuous than my neighbors, but if it gives satisfaction to my friend I most solemnly assure him I had no thought of anything he had said or done.

The Clerk read, as follows:

SEC. 15. And be it further enacted, That the Bureau of Military Justice shall hereafter consist of one judge advocate general, with the rank, pay, and emoluments of a brigadier general; and one assistant judge advocate general, with the rank, pay, and emoluments of a colonel of cavalry; and the said judge advocate general shall receive, revise, and have recorded the proceedings of all courts-martial, courts of inquiry, and military commissions, and shall perform such other duties as have heretofore been performed by the Judge Advocate General of the Army. And of the judge advocates now in office there shall be retained a number not exceding ten, to be selected by the Secretary of War, who shall perform their duties under the direction of the Judge Advocate General until otherwise provided by law.

66

Mr. SCHENCK. I move to strike out the word "shall" and insert "may," after the word "there;" so that it will read:

And of the judge advocates now in office there may be retained a number not exceeding ten, &c. The amendment was agreed to.

Mr. SCHENCK., I also move to add at the end of the section the words "or until the Secretary of War decides that their service may be dispensed with;" so that the clause will read:

And of the judge advocates now in office there may be retained a number not exceeding ten, to be selected by the Secretary of War, who shall perform their duties under the direction of the Judge Advocate General until otherwise provided by law, or until the Secretary of War decides that their service may be dispensed with.

The amendment was agreed to.

Mr. GARFIELD. I move to insert after the words "military commissions" the words "authorized by law;" so that it shall read, "military commissions authorized by law."

Mr. BINGHAM. I hope that will not be adopted, unless the House intends to cast censure upon the action of the Administration of the late lamented President Lincoln. If the gentleman means by the term "authorized by law," authorized by special statute of the United States, it is very well known that all the commissions that were held under the late Administration were never authorized by special enactment. I appeal to my colleague [Mr. GARFIELD to consider that if the authority arises by the general usage and law of nations in time of war, the words are wholly unnecessary. Every one knows that there has never been a military commission convened in the United States for the trial of anybody that has not been expressly authorized by statute, save in the time of war. That being the case, why introduce such a provision here? We are not secure either against rebellion or invasion; and does the gentleman suppose that by inserting a word here to place a limitation upon the executive power of the Government in the event of foreign invasion, so that offenses com

mitted in time of public war, in violation of the usage and laws of war, shall not be punished in the absence of express authority of congressional enactment? If he does not, I hope he will withdraw his amendment. It is time enough to consider such a proposition when the Government in time of peace shall attempt to try anybody by a military commission without authority of statute. It has never been done yet, and it is time enough to provide against any such abuse when it is attempted to be done. Why undertake to put this in a statute in view of a contingency that may arise at any hour entirely beyond our control, and when Congress is not in session?

Mr. GARFIELD. I do not wish to take up the time except to say a word or two. The only point in dispute between the gentleman [Mr. BINGHAM] and myself is in reference to "military commissions." The other two courts,

courts-martial" and "courts of inquiry," are not in question. They are definitely authorized by the laws of Congress, and have been since the organization of this Government. But the words "military commissions" are not used in the statutes of Congress, except in one, I believe, in reference to the punishment of guerrillas.

Mr. BINGHAM. Excuse me; the gentleman is entirely mistaken. The words are used in three or four statutes. I remember one adopted by the last Congress subjecting spies to punishment by death upon conviction before a military commission.

Mr. GARFIELD. It was the same law, and related to spies and guerrillas.

Mr. BINGHAM. Nót that.

Mr. GARFIELD. I introduced the bill myself in the last Congress. The gentleman is mistaken. I know there are military commis. sioners sometimes appointed to look into contracts and claims. We have commissions appointed in regard to the administration of affairs in the Army; but I speak of tribunals for the trial of persons charged with offenses against the Government in time of war, but who are not themselves in the Army.

Mr. BINGHAM. There were proceedings authorized to try parties by military commission for fraudulent devices to the injury of the Government, and providing for the infliction of penalties.

Mr. GARFIELD. It makes no difference. I concede that the words have been used in the statute once.

Mr. BINGHAM. Yes, half a dozen times. Mr. GARFIELD. Never mind; the question does not turn on the number of times the expression has been used. What I said was agreeing with gentlemen in this: that military commissions apply to the Army in time of war and in reference to crimes over which the Army has control.

Now, we are building up a military establishment for a time of peace, and I do not believe it best to introduce that expression in a bill to establish an army on a peace basis, and let it be understood that military commissions are by a sort of inference to be used in this Government without express statute. And if gentlemen desire the expression retained in the law I want the qualifying words to go with it, or else I desire that the words "military commissions" shall be stricken out. I am satisfied, however, with either.

Mr. UPSON. I move to amend the amendment by striking out the word "law" and inserting in lieu thereof "the laws of war."

Mr. HALE. I suggest to the gentleman' that he add the words "in time of peace." Mr. BINGHAM. Oh, no; not at all. Mr. UPSON. That is a very good sugges tion coming from that source.

Mr. GARFIELD. I do not accept that amendment.

Mr. UPSON. Well, I offer my amendment. Mr. BINGHAM. If this section had any words of limitation in it to the effect suggested by my honorable colleague, that it should not be operative or binding upon the executive department of this Government in time of war

or public invasion or rebellion, I would not take any exception at all to his motion, but the gentleman greatly mistakes the scope and effect of this legislation if he supposes that it is not to operate in the presence of a public enemy as well as in times of peace, and I would count myself false to the duty which I owe to the people of this country if I could sit silently by while an attempt is made here by solemn act of legislation to place a fetter upon the arm of the Executive, who is charged by his oath of office to take care that the laws be faithfully executed, and to summon to the defense of the country its whole military power, either to suppress rebellion or to repel inva

sion.

I say to my colleague that according to all the authorities the suggestion made by the gentleman from Michigan [Mr. UrsoN] is sus tained, that it is this day the common written declared judgment of the civilized world, that without formal legislation in time of public war all violations of the law in aid of the public enemy may by the usages and customs of war be subjected to trial by the tribunals of military justice known as military commissions.

I trust the suggestion of the gentleman from Michigan [Mr. UPSON] will be adopted by the

House.

Mr. UPSON. I demand the previous question on my amendment.

Mr. SCHENCK. Will the gentleman from Michigan allow me to say a word?

Mr. UPSON. I will withdraw the previous question for that

purpose.

Mr. SCHENCK. It is with diffidence that I assume to be a peace-maker even between these friends of mine. I dare say I shall have somebody finding treason in what I say. I suppose that the gentlemen know that military || commissions are tribunals known under the laws of war in time of war and in an enemy's country, and I suppose they will agree that the records of them had better be kept somewhere. Why not use, then, instead of the words "military commissions authorized by the laws of war," the words "military commissions authorized in time of war."

Mr. GARFIELD. I am willing to accept that modification of my amendment.

Mr. UPSON. I do not think that meets the case, and I cannot accept that amendment. I demand the previous question on the pending amendment.

The previous question was seconded and the main question ordered, the question being first upon the amendment to the amendment offered by Mr. UPSON.

The question was put; and there were—ayes 28, noes 46; no quorum voting.

Mr. UPSON demanded tellers.

Tellers were ordered; and Messrs. Garfield and Upsox were appointed.

The House divided; and the tellers reported -ayes 42, noes 51.

So the amendment to the amendment was disagreed to.

The question was taken upon the amendment of Mr. GARFIELD, as modified; and upon a division, there were-ayes 36, noes 57.

The SPEAKER stated the result of the vote, and announced that the amendment had been disagreed to.

Mr. GARFIELD. I call for tellers on the question of agreeing to the amendment.

Mr. FARNSWORTH. I rise to a point of order. The Chair distinctly announced that the amendment had been rejected before the gentleman from Ohio [Mr. GARFIELD] called for tellers.

The SPEAKER. The attention of the gentleman from Ohio was held by a member conversing with him at the time the Chair announced the result of the vote.

Mr. FARNSWORTH. That certainly was not the fault of the Chair.

The SPEAKER. The Chair is of opinion that the demand for tellers was made in time by the gentleman from Ohio.

Mr. SMITH. I rise to another point of order. There is so much confusion in the Hall that it

is almost impossible for members to hear what the Speaker says, what is read by the Clerk, or what is said by members on the floor.

The SPEAKER. The Chair generally speaks distinctly and loudly enough to be heard by all who give their attention to what he says.

Mr. SMITH. I am informed by gentlemen on my left that they do not understand the amendment, and I would ask that it be read again.

The SPEAKER. The House is now dividing.

Mr. SMITH. I suppose it can be reported again by unanimous consent.

The SPEAKER. If there is no objection, it will be read again.

No objection being made, the amendment was again read.

The question was upon the call of Mr. GARFIELD for tellers upon agreeing to his amend

ment.

The call for tellers was not agreed to. The amendment was not agreed to, as above stated.

Mr. GARFIELD. I now move to amend the section by striking out the words "and military commissions.'

Mr. FARNSWORTH. I would ask the gentleman what he proposes to do with the records of military commissions, of which there have been several held.

Mr. GARFIELD. I have no desire to detain the House upon this subject, but as the gentleman from Illinois [Mr. FARNSWORTH] has asked me a question, I desire to say that if gentlemen are willing, now that the war is over, to retain these military commissions, I think they should say so. Their functions have ceased, and I am not willing that these organizations without any authority of law shall be continued in time of peace. I do not discuss the propriety of these tribunals in the past, or the propriety of trying any traitor of the late war. We are now legislating for the future, which will, I trust, for the next half century at least, see us under the dominion of law. Therefore I move to strike out the words "and military commissions," and upon that I call the previous question.

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

Mr. FINCK. I call for the yeas and nays upon the amendment.

The yeas and nays were ordered.

The question was taken; and it was decided in the negative-yeas 34, nays 76, not voting 73; as follows:

YEAS Messrs. Anderson, Baker, Chanler, Donnelly, Eldridge, Finck, Garfield, Goodyear, Grider, Hale, Aaron Harding, Harris, Hogan, Edwin N. Hubbell, James R. Hubbell, James M. Humphrey, Marshall, Mercur, Niblack, Nicholson, Samuel J. Randall, Ritter, Ross, Rousseau. Shanklin, Smith, Spalding, Taber, Taylor, Francis Thomas, Thornton, Warner, Whaley, and Windom-34.

NAYS-Messrs. Allison, Ames, Banks, Baxter, Beaman, Benjamin, Bingham, Blaine, Boutwell, Bromwell, Buckland, Bundy, Reader W. Clarke, Cobb, Conkling, Davis, Daves, Delano, Deming, Dixon, Driggs, Farnsworth, Farquhar, Ferry, Abner C. Harding, Hayes, Henderson, Higby, Holmes, Asahel W. Hubbard, Hulburd, Ingersoll, Jenckes, Julian, Kelley, Kelso, Ketcham, Kuykendall, George V. Lawrence, Loan, Longyear. Lynch, Marston, Marvin, McClurg, McKee, McRuer, Miller, Moorhead, Morris, Myers, Newell, O'Neill, Orth, Paine, Patterson, Perham, Price, John H. Rice, Rollins, Schenck, Scofield, Shellabarger, Stevens. Thayer, Trowbridge, Upson, Burt Van Horn, Ward, Elihu B. Washburne, Welker, Wentworth, Williams. James F. Wilson, Stephen F. Wilson, and Woodbridge-76.

NOT VOTING-Messrs. Alley, Ancona, Delos R. Ashley, James M. Ashley, Baldwin, Barker, Bergen, Bidwell, Blow, Boyer, Brandegee, Broomall, Sidney Clarke, Coffroth, Cook, Cullom, Culver, Darling, Dawson, Defrees, Denison, Dodge, Dumont, Eckley, Eggleston, Eliot, Glossbrenner, Grinnell, Griswold, Hart, Hill, Hooper, Hotchkiss, Chester D. Hubbard, Demas Hubbard, John H. Hubbard, James Humphrey, Johnson, Jones, Kasson, Kerr, Laflin, Latham, William Lawrence. Le Blond, McCullough, McIndoe, Morrill, Moulton, Noell, Phelps, Pike, Plants, Pomeroy, Radford, William H. Randall, Raymond, Alexander H. Rice, Rogers. Sawyer, Sitgreaves, Sloan, Starr, Stilwell, Strouse, John L. Thomas, Trimble, Van Aernam, Robert T. Van Horn, Henry D. Washburn, William B. Washburn, Winfield, and Wright-73.

So the amendment was not agreed to. Mr. HALE. I move to amend by striking out in the twelfth line of the fifteenth section

the words "selected by the Secretary of War," and inserting in lieu thereof the words "appointed by the President, by and with the advice and consent of the Senate ;" so that the clause will read:

And of the judge advocates now in office there shall be retained a number not exceeding ten, to be appointed by the President, by and with the advice and consent of the Senate, who shall perform their duties under the direction of the Judge Advocate General until otherwise provided by law.

Mr. Speaker, I am told by gentlemen about me that these officers are already appointed, and that this is a mere provision for the retention of a portion of them, leaving the Secretary of War to decide who shall be mustered out. I do not so understand the case. I understand that the judge advocates now in office hold their positions only temporarily, and during the continuance of the volunteer organization. If any of them are to be made a part of the permanent organization of the Army under this bill, I submit that they ought to be subject to precisely the same method of appointment as other offi cers are that there should not be an opening here for favoritism by a single officer, but that they should be appointed by the Executive, with the concurrence of the Senate, in precisely the same manner as other officers are.

Mr. BINGHAM. Mr. Speaker, as I understand, the matter stands thus: these officers have been appointed in the manner suggested by the gentleman from New York, [Mr. HALE;] and the effect of this bill is simply to allow the retention of a portion of them, not exceeding ten, to be dismissed from the service just as soon as the public interest may warrant it.

me,

Mr. HALE. If the gentleman will permit I desire to ask him this question: are these officers now appointed in the service? If this bill should not pass will they remain a part of the force of the Army? It seems to me they will not.

Mr. BINGHAM. As I understand, they may, unless they are mustered out. They are liable to be mustered out of the service like other officers in the service. But they are now in the Army, not by the terms of their commissions for a limited and specific time. They are liable to be mustered out whenever their further services are not required.

I desire to say in this connection that, according to my recollection, there are now about eighteen of these officers employed in the service. The effect of this bill will be to take eight of them out of the service at once, leaving the Secretary of War to select from the whole eighteen and retain a number not exceeding ten, if the public exigency should require that number. If, in his judgment, the public exigency does not require any of them, he will, under the provisions of this bill, muster them all out. If five are sufficient, he will retain but five. Under the amendment suggested by my colleague, the chairman of the Committee on Military Affairs, the Secretary of War is required to muster all these officers out so soon as their services can be dispensed with.

Mr. HALE. Let me ask the gentleman one other question: whether these officers are not now in the service precisely as additional pay. masters, and assistant adjutants general, and assistant quartermasters of volunteers are now in the service, and whether, in order to be retained in the service, they do not require reappointment just as much as the officers I have named require reappointment.

Mr. BINGHAM. I do not so understand the scope of this bill or the effect of existing laws. I yield the floor to my colleague, [Mr. SCHENCK,] who can explain this matter more fully.

Mr. SCHENCK. When this bill was first framed it embraced a provision for a judge advocate general and an assistant judge advocate general only. It was, however, ascertained that the business of the Judge Advocate General's office has in fact increased during the last year, notwithstanding the termination of hostilities, in consequence of the vast mass of records to be examined and filed and reports to

be made; so that it was necessary to have more assistance. The effect of the section, as it originally stood, would probably have been to legislate out of office all these judge advocates with the rank of major, because it limited the Judge Advocate General's department to the Judge Advocate General and his assistant.

With a view to obtaining information on this subject a correspondence was opened by the committee with Judge Advocate General Holt, to ascertain how many of the twenty-one judge advocates who had been appointed remained in office, and how many of them it would be desirable to retain. He explained to us that he must for some time to come have at least as many as the six now employed in the office, and that it would also be convenient and proper to retain four or five or six, to be detailed to attend to the trials that might be ordered. We fixed the number at the lowest limit consistently with what seemed to be expected and desired by that department—a little lower, indeed-and provided that ten might be retained.

There are eighteen of these officers now in office. There have been twenty-one. These eighteen are in office under a provision of the act of July 17, 1862, which I will read, and by which the gentleman from New York (Mr. HALE] will discover that he is mistaken. That act provides in the sixth section that

There may be appointed by the President, by and with the advice and consent of the Senate, for each army in the field, a judge advocate, with the rank, pay, and emoluments, each, of a major of cavalry, who shall perform the duties of judge advocate for the army to which they respectively belong, under the direction of the Judge Advocate General."

Under that act these officers have been appointed, have been confirmed by the Senate, have by some construction been retained, and are now in office. They are borne upon the Army Register like other officers. We want to get rid of a portion of them at least.

Mr. HALE. Let me ask another question, and that is, whether the term " army in the field" has not a definite meaning? Have we any armies in the field to-day in the sense in which the term is used in that act? We had the army of the James; the army of the Tennessee, the army of the Potomac, and so on.

Mr. SCHENCK. I was always inclined to disagree with the construction, but by the construction put upon it even by the law authorities at the War Department these persons remain in office, having been appointed and confirmed, although the army may have been disbanded. They are now actually in office, eighteen of them enjoying the emoluments, drawing salary, and most of them, I believe, at work. I think, after the fullest correspondence with and explanation from the Judge Advocate General, ten may be dispensed with. I think the gentleman will find his object entirely secured by leaving the selection from those now in office.

Mr. HALE. I withdraw my amendment.

The Clerk read the next section, as follows: SEC. 16. And be it further enacted, That the quartermaster's department of the Army shall hereafter consist of one quartermaster general, with the rank, pay, and emoluments of a brigadier general; six quartermasters, with the rank, pay, and emoluments of colonels of cavalry; ten quartermasters, with the rank, pay, and emoluments of lieutenant colonels of cavalry; fifteen quartermasters, with the rank, pay, and emoluments of majors of cavalry; forty-four quartermasters, with the rank, pay, and emoluments of captains of cavalry; and at least two thirds of all original vacancies in each of the grades of lieutenant colonel and major, and all original vacancies in the grade of captain shall be filled by selection from among those persons who have rendered meritorious service as assistant quartermasters of volunteers in the Army of the United States in the late war. But after the first appointments made under the provisions of this section, as vacancies may occur in the grades of major and captain in this department, no appointments to fill the same shall be made until the number of majors shall be reduced to twelve and the numbers of captains to thirty, and thereafter the number of officers in each of said grades shall continue to conform to said reduced numbers.

Mr. SCHENCK. I have been under a promise to the gentleman from Pennsylvania, on my left, for a day or two to give him the floor to have some bills printed.

CHESAPEAKE BAY AND LAKE ONTARIO.

Mr. MILLER, by unanimous consent, from the Committee on Roads and Canals, reported back House bill No. 92, to ascertain the practicability of having steamboat navigation from Chesapeake bay, at the mouth of the Susquehanna river, to Lake Ontario, in the State of New York; which was ordered to be printed, and recommitted.

Mr. SMITH moved that the House do now adjourn.

The motion was disagreed to.

GRANT OF LANDS TO WEST VIRGINIA.

Mr. MILLER, by unanimous consent, from the Committee on Roads and Canals, reported back House bill No. 144, granting lands to the State of West Virginia to aid in the construction of certain railroads, with the recommendation that it do not pass, and moved that it be laid upon the table.

The motion was agreed to.

EDUCATION OF THE MILITIA.

Mr. HARDING, of Illinois, by unanimous consent, from the Committee on the Militia, reported back House bill No. 102, to educate the militia, with amendments; which were ordered to be printed and with the bill recommitted. Mr. SPALDING moved that the House do now adjourn.

Mr. STEVENS. I hope not, as we ought to work another hour.

Mr. SCHENCK. I hope we will not adjourn until we get through with the pending section of the Army bill.

The House divided; and there were-ayes 35, noes 61.

Mr. SMITH demanded tellers.
Tellers were not ordered.
So the House refused to adjourn.

LEAVE OF ABSENCE GRANTED.

On motion of Mr. DAVIS, leave of absence was granted to his colleague, Mr. VAN AERNAM, for ten days, and to himself for one week from to-day.

REORGANIZATION OF THE ARMY-AGAIN. Mr. DAVIS, of New York. I move to strike out section sixteen and in lieu thereof to insert the following:

And be it further enacted. That the Quartermaster General's department of the Army shall hereafter consist of one quartermaster general, with the rank, pay, and emoluments of a brigadier general; six assistant quartermaster generals, with the rank, pay, and emoluments of colonels ofcavalry; twelve deputy quartermaster generals, with the rank, pay, and emoluments of lieutenant colonels of cavalry; twenty quartermasters, with the rank, pay, and emoluments of majors of cavalry; and forty-eight assistant quartermasters, with the rank, pay, and emoluments of

captains of cavalry, and the vacancies hereby created in the grade of assistant quartermaster shall be filled by selection from among the persons who have rendered meritorious service as assistant quartermasters of volunteers during two years of the war.

The substitute which I have offered is one which was prepared under the supervision of two distinguished generals whose names have been mentioned heretofore. And I understand that a bill containing this very provision was submitted to the gentleman who reported this bill, and that the original is now in this city with the interlineations. But whether it is so or not, I think there are many reasons why the sixteenth section, at least, as reported by the committee, should be amended.

I understand that the chairman of the committee consented to an amendment to the thirteenth section in relation to the Adjutant General's department; and I asked him if he had any amendment to propose to this section; because I inferred, from the course taken in regard to the other and the amendment which he offered thereto, that at least the same justice would be done to gentlemen in the quartermaster's department that he had conceded to those in the Adjutant General's department.

It will be observed by the provisions of this section that the nomenclature of all the assistant quartermasters in the department of a certain rank is entirely changed, so that the same effect will be produced precisely in that department, as was shown by the gentleman from

Pennsylvania, [Mr. THAYER,] as is produced. in the department of the Adjutant General. We have, for instance, under the provisions of this bill, forty-four quartermasters with the rank, pay, and emoluments of captains of cavalry. There are in the existing Quartermaster General's department, I think, forty-four assistant quartermasters, with the rank, pay, and emoluments of captain. There is no such grade established by this bill. Therefore the legal effect, as I submit to the gentleman from Ohio, [Mr. SCHENCK,] of passing this section and making it a law, would be to legislate out of office every person in the Quartermaster General's department of the. rank of captain who now holds a commission as assistant quartermaster with that rank. My great object is to do exact justice to the officers in that department as to those in every other department.

And I will say that the same effect will be produced upon three colonels and four lieutenant colonels who are now commissioned as assistant quartermasters general and deputy quartermasters general. The commission runs by the nomenclature established by the existing law. The rank of deputies and assistants is entirely incident to their commission. They are not commissioned as captains, majors, or colonels, but as assistant quartermasters general, with the rank, pay, and emoluments of lieuten be. Therefore whenever the office is abolished ant colonels, majors, or captains, as the case may which now exists by name in the present law, the abolition of that office removes at once the party holding this particular commission and he is retired from the regular Army; he is legislated out of the Army and holds no commission in it.

Now, I have no disposition to take up the time of the House, but I think that the provisions of the Senate bill in that particular do full justice to all parties, and I know not what reason the honorable chairman of the committee can assign against the adoption of that proposition.

It is true that in another part of the section, at the close of it, there is this provision:

The Secretary of War may assign at any time from among the officers of the quartermaster's department an officer to serve as chief quartermaster of a geographical military division, or of a separate army in the field, consisting of not less than ten thousand men, who shall have, while so assigned and acting, the rank, pay, and emoluments of a brigadier general; but not more than two officers shall hold such assigned rank at any one time, and any such officer relieved from the assigned duty shall return to his lineal rank in the department.

Mr. BLAINE. That part is not properly in the bill. It is to be stricken out.

Mr. DAVIS. If that provision is intended to be stricken out, I have of course no remarks to make upon it. But I submit that the amendment which I have submitted accomplishes all and no more than should be accomplished by the bill in reference to the Quartermaster Gencral's department.

Mr. BLAINE. Let me ask the gentleman from New York [Mr. DAVIS] whether it would not satisfy him, inasmuch as this change was made at the request of the Quartermaster General, if a proviso were added to the section, that it shall not work to the vacation of any commissions; would not that be entirely satisfactory?

Mr. DAVIS. I have no objection to any reasonable provision that will accomplish that

end.

Mr. BLAINE. The committee had no such purpose as the gentleman seems to suppose. They reported precisely what was recommended by the Quartermaster General.

Mr. DAVIS. I know that there are a number of gentlemen in the Quartermaster General's department who do not concur in the wisdom of the changes recommended by the Quartermaster General.

Mr. BLAINE. There is another point which has been made by some gentlemen, in the course of this debate, although perhaps not by the gentleman from New York, to which I desire to refer for a moment. It is that these officers would have commissions of a more

recent date than those which were vacated, and that hence the measure would work an injury to them. Now, that cannot be so because their rank is entirely relative.

It is no matter when their commissions are dated, so that they hold the same relative position as respects the men who come in rivalry with them for promotion. If all the commissions are dated similarly there is no harm done to anybody.

Mr. THAYER. I will yield the floor for a moment to the gentleman from Connecticut, [Mr. DEMING,] who has a request to make of the House.

CHANGE OF REFERENCE.

Mr. DEMING. Mr. Speaker, a very important memorial has been presented to the Military Committee, being the application of J. B. Sperry, president of the Union Pacific Railroad Company, for a reduction of the military reservation at Fort Riley. There has also been referred to that committee a petition from citizens of western Kansas, asking an appropriation for the bridging of the Republican river, or for the sale of certain lands to aid in that purpose. I find, on examination, that these petitions involve nearly all the legislation that has been passed in reference to the Pacific railroad companies, and much of the legislation that is applicable to the public lands. I ask, therefore, that the Committee on Military Affairs be discharged from the further consideration of these memorials, and that they be referred to the Committee on Public Lands.

There being no objection, the motion was entertained and agreed to.

REORGANIZATION OF THE ARMY-AGAIN.

Mr. THAYER. I now yield for a moment to the gentleman from New York, [Mr. DAVIS.] Mr. DAVIS. The gentleman from Maine [Mr. BLAINE] says that this change of nomenclature will not in any way affect the rank or position of any of these officers. I hold that in regard to priority of commission it does produce a change. If you commission a man under this law to a new office, I do not suppose you are going to provide that he shall hold the commission which he did at a prior time when he was commissioned under another law.

Mr. BLAINE. He holds the same rank in the department.

Mr. DAVIS. Every man who has served faithfully in the Army of the United States under commission of an officer is entitled by a certain term of service to a certain increase of ration. This is known as the "longevity" ration. Now, I undertake to say that these men, if you appoint them to new offices, unless you make special provision that they shall be entitled to such longevity ration, will be deprived of that benefit.

Mr. BLAINE. The "longevity" ration only applies to the infantry branch of the service. Mr. SCHENCK. With a view of removing the objection to this section, or rather this phase of the objection, I move to add to the section the following proviso:

But nothing in this section shall be construed so as to affect the commission of any officer now commissioned, either as acting quartermaster general, or asdeputy quartermaster general, or as assistant quartermaster general, but only to change the title to quartermaster in the case of those who rank as colonels, lieutenant colonels, majors, and captains, without affecting in any way their relative positions, or the time from which they take such rank.

Mr. THAYER. As I understand the amendment of the gentleman from New York [Mr. DAVIS] it leaves the organization of the Quartermaster General's department precisely as it is now. I would ask the gentleman from New York if that is not the effect of his amendment. Mr. DAVIS. I really am unable to say. Mr. BLAINE. Not by a very great deal. The House bill, as amended, proposes to have three colonels in the department, and his amendment six. The House bill proposes to have four lieutenant colonels, and he proposes to have twelve.

Mr. HALE. I call for the reading of the first two clauses of the substitute proposed by

my colleague, so that we may see what it

amounts to.

Mr. THAYER. I hope that will be done.
The amendment was again read.

Mr. SCHENCK. That is in neither the House bill nor in the Senate bill.

Mr. DAVIS. I did not say it was.

Mr. FARNSWORTH. I would ask the gentleman from Pennsylvania [Mr. THAYER] or the gentleman from New York [Mr. DAVIS] to point out the necessity for increasing the number of quartermasters over and above the number provided in the House bill. The amendment of the gentleman from New York [Mr. DAVIS] proposes a larger number.

Mr. THAYER. I am opposed to the substitute proposed by the gentleman from New York, [Mr. DAVIS.] I desire to preserve the organization of this department in the form in which it now exists, which I understand can be accomplished by striking out that portion of the Senate provision which provides for a new grade, three assistant chief quartermasters general.

Mr. ROUSSEAU. Will the gentleman from Pennsylvania [Mr. THAYER] allow me to suggest an amendment which I desire to have offered?

The SPEAKER. There is an amendment

pending to the section, and a substitute for the section pending.

Mr. ROUSSEAU. I desire to read it for the information of the gentleman, if he will allow me to do so.

Mr. THAYER. I will hear the amendment read.

Mr. ROUSSEAU. I propose to have this section amended by striking out the word "brigadier" and inserting the word "major" before the word "general." Also to insert after the word "general" the words "three quartermasters general, with the rank, pay, and emoluments of brigadier generals; also strike out the word "six" and insert the word "four" in the same line. The section would then read as follows:

11

That the quartermaster's department of the Army shall hereafter consist of one quartermaster general, with the rank, pay, and emoluments of a major general; three quartermasters general, with the rank, pay, and emoluments of brigadier generals; four quartermasters, with the rank, pay, and emoluments of colonels of cavalry, ten quartermasters, with the rank, pay, and emoluments of lieutenant colonels of cavalry; fifteen quartermasters, with the rank, pay, and emoluments of majors of cavalry; forty-four quartermasters, with the rank, pay, and emoluments of captains of cavalry; and at least two thirds of all original vacancies in each of the grades of lieutenant colonel and major, and all original vacancies in the grade of captain shall be filled by selection from among those persons who have rendered meritorious service as assistant quartermasters of volunteers in the Army of the United States in the late war. But after the first appointments made under the provisions of this section, as vacancies may occur in the grades of major and captain in this department, no appointments to fill the same shall be made until the number of majors shall be reduced to twelve and the number of captains to thirty, and thereafter the number of officers in each of said grades shall continue to conform to said reduced numbers.

Mr. THAYER. I prefer some other amendment.

Mr. SMITH. Will the gentleman from Pennsylvania [Mr. THAYER] yield to me for a mo

ment?

on the motions to reconsider at this time, pending the consideration of the Army bill. The motions will be entered upon the Journal.

REORGANIZATION OF THE ARMY-AGAIN. The House resumed the consideration of the bill for the reorganization of the Army.

The pending question was upon the substitute proposed by Mr. DAVIS for the sixteenth section in relation to the quartermaster's department.

Mr. THAYER. I appeal to the gentleman from New York [Mr. Davis] to withdraw his proposed substitute and accept in lieu thereof the corresponding section of the Senate bill, leaving out the three new officers created by that section. It will then read as follows:

That the quartermaster's department of the Army shall hereafter consist of one quartermaster general, with the rank, pay, and emoluments of a brigadier general; four assistant quartermasters general, with the rank, pay, and emoluments of colonels of cayalry; eight deputy quartermasters general, with the rank, pay, and emoluments of lieutenant colonels of cavalry; sixteen quartermasters, with the rank, pay, and emoluments of majors of cavalry; and forty-eight assistant quartermasters, with the rank, pay, and emoluments of captains of cavalry, and the vacancies hereby created in the grade of assistant quartermaster shall be filled by selection from among the persons who have rendered meritorious service as assistant quartermasters of volunteers during two years of the

war.

Mr. DAVIS. I will accept that.

Mr. THAYER. If the House will adopt this amendment it will preserve the existing organization of the department. It not only refrains from the injustice which was contemplated, or rather I should say the injustice that would have been done, by the original section of the House bill, before the proviso was offered by the gentleman from Ohio, [Mr. SCHENCK,] and which would have turned out of the Army forty-eight assistant quartermasters, four assistant quartermasters general, and three deputy assistant quartermasters general, but it preserves the organization as it now is. And it renders all this verbiage unnecessary-I trust the gentleman will not consider me as meaning any disrespect which was reported by the committee, simply for the accomplishment of his purpose of getting rid of titles which have been in the quartermaster's department ever since the reorganization of that department in 1838.

Now, I see no objection to those titles. They have worked no inconvenience, and the Quartermaster General himself does not pretend that they have ever worked any inconvenience. They have been preserved throughout the operations of two wars, and in times of peace, and no inconvenience or injury has arisen from them.

I am opposed to the section of the House bill even with the proviso of the gentleman' from Ohio; because I think it is entirely unnecessary, because no benefit can be gained by it, and because it is a dangerous innovation upon the present and established organization of the Army. I do not know precisely what the effect of it would be; but it would go further, perhaps, than the gentleman from Ohio. himself intends.

Mr. SCHENCK. If I may venture to differ with these gentlemen who are giving us this information, I will say that the gentleman from Pennsylvania is utterly mistaken. He says that this amendment proposes to keep the quartermaster's department just where it is. This is not the case. The Quartermaster General wanted the number of officers increased from sixty-five to one hundred or more. The Senate agreed to make the number eighty. We have agreed to make it seventy-six. The gentleman says that his proposition corresponds with the existing law. I do not know where the gentleman gets this impression. The Army Register of this year, relating to those now in office, tells us that while this substitute provides for four colonels, there are now but three; that while this substitute provides for eight lieutenant colonels, there are now but four; that while this substitute provides for sixteen majors, there are now but eleven; that while this substitute provides for forty-eight captains, there are now but forty-six; and that.