« ΠροηγούμενηΣυνέχεια »
Patents. These presses are only available the enable him to make some more money, for
man from Illinois has put precisely the con sider the vote by which the joint resolution was and we only report a bill which authorizes Mr. trary construction on this resolution from what laid upon the table; and also moved that the Tyler, the petitioner, to submit his case to the was intended by the committee, and from what motion to reconsider be laid upon the table. Commissioner just as if his patent had not it means. It is a measure of protection to in The latter motion was agreed to.
been renewed for seven years, during the time ventors and to the people of the country. If
PHILOS B. TYLER.
of the rebellion; to submit all the facts and he had considered a moment what the state of
circumstances of it; to bring his witnesses, our law regarding the granting of patents is, I
Mr. HUBBARD, of Connecticut, from the
and if he can convince the Commissioner of do not think he would have made the remarks Committee on Patents, reported a bill for the
Patents that in equity and in law he is entitled he has. Any one who visits the Exposition of
relief of Philos B. Tyler ; which was read a first to a renewal, then he is to have it. 1867, and sees exhibited machines for the first and second time.
This is all that pertains to the case so far as time, may prepare drawings and make some The bill authorizes the Commissioner of
I know. Unless some gentleman desires to be modification to apply for a patent to this coun Patents to decide upon the application of the heard upon it, I will move the previous questry. The Exposition will not preclude him | petitioner for an extension of his patent for the
tion. from obtaining a patent. Its publication in
further term of seven years, the same as if it Mr. UPSON. The reason, as I understand some foreign work will preclude him, and had not been already extended.
it, why it is urged that the patent shall be nothing else. Hence the office has twice be Mr. WASHBURNE, of Illinois. I call for renewed is on account of the war. I have yet fore met with trouble on similar occasions, the reading of the report.
to learn that we are to guaranty to all indiand asks to have a measure of prevention in
The report was read.
viduals payment for damages sustained on this third case.
Mr. HUBBARD, of Connecticut. I can state account of the war. The gentleman from Massachusetts [Mr. in a few words all the facts that are material in This patent has now been running fourteen BOUTWELL] will understand how this may be.
The improvement in cotton presses years. I understand the gentleman to say that The information he has spoken of as ob for the shipping of cotton, invented by this man, the patentee has made $23,000, but the comtained through publications may be long after is one of great public utility, as was shown by mittee think that is not enough, and that, the machinery has been done. We get the all the testimony before the committee; and therefore, order papers from the London office for a small sum.
the of They supply intelligence from there as fast as
the reason that the war prevented him from the steamers can bring it here; but in France any important extent in the cotton-growing making as much as he otherwise would have and Belgium information is not supplied as States.
made. rapidly. It requires time to get copies of these The invention was patented on the 16th of Jan We are now, by a bill pending before the patents. To get the volumes at our Patent uary, 1845. Just before the time of its expira House, proposing to tax cotton five or six cents Office sometimes requires three years. tion, namely, in January, 1859, the petitioner per pound, and in addition to that, it is now
Now, this Exposition takes place in Paris. I applied to the then Commissioner of Patents, proposed to levy this additional tax for the Probably machines will be exhibited the first Hon. Joseph Holt, for a renewal. He obtained machinery to be used in pressing. it. It seems time and patents will be applied for near or a renewal for seven years. It appears that dur. to me that the same reason would justify the about the time. Hundreds of people will visit | ing the first fourteen years he perfected the extension of every patent which was renewed the Exposition for the purpose of seeing what | improvement, and constructed and sold divers before the war broke out. For one, I am Persons who have invented articles presses at the South, from which he realized
opposed to this measure. of a similar kind will get from this exhibition a profit of $23,417 22, which sum the Commis Mr. WASHBURNE, of Illinois. I may say ideas of improvement on their own machines, sioner deemed to be a very inadequate com that generally anything that is reported by my or will take their ideas bodily from the foreign pensation in view of the great public utility of distinguished friend from Connecticut (Mr. machines and take out patents in this country
the invention. The Commissioner, in his re. HUBBARD) is commended to my consideration, which cannot be invalidated by the exhibition of port, says that it has saved to the country mil for I know how careful he is and how right he the articles there. It is not only for the purpose lions of dollars. The committee regard it as is generally on all matters which come before of protecting the office against swindling in an invention of the greatest importance, and the House for consideration; but I must conventors, but to protect the people of this coun although the inventor during the whole fourteen fess that I am somewhat astonished to see him try against swindling patents, and against the years has realized, as appeared by the account "switch off” on this patent cotton-gin affair. claims which may grow out of them.
submitted of expenditures and receipts, some Now, I have read the report, and if the House Mr. BOUTWELL. I ask whether the Ex twenty-three thousand dollars, the committee have listened to it I think they will agree with position is not in its very nature calculated to believe that that was an entirely inadequate me that there is no occasion for us to depart guard the Patent Office here from frauds such compensation for the great service which he from the principle the House has adhered to as the gentleman from Rhode Island suggests. had rendered to the country.
in the last two Congresses without a single exThe articles exhibited are likely to be pub Upon the renewal of the patent by the Com ception, when they have resolutely refused, lished in the journals of France and Great missioner of Patents in January, 1859, the even under the greatest pressure, to extend Britain simultaneously with the Exhibition. petitioner went to the South and obtained
patents. Mr. JENCKES. The moment any article is divers orders for presses ; returned, gathered Now, sir, in the first instance, this man got described in any journal in any country where up material at great expense for the construc a patent for this machine for seven years, then the article is produced a patent obtained in tion of machines, employed men and went to he got his patent renewed for seven years more. this country from that fact is invalidated, as the work diligently in their construction, the orders He has had his patent for fourteen years, and gentleman knows. Therefore the security we having been obtained a year in advance and his petition shows that he has received between have from the Exhibition is great. If the de the machines to be sold on credit. But before twenty-three and twenty-four thousand dollars. scriptions were to be published simultaneously || he could perfect his machines and get them
after showing that fact, he comes there would be no need of this, I agree. It is into market to any considerable extent the here and asks us to do what? Notwithstandfrom the fact that they are not published sim. southern rebellion came on, which prostrated ing that he has had this patent for fourteen ultaneously that this is needed. The official all his efforts and ruined bis business at once, years, he asks us to remit the question back to records of the Exhibitions in England and || by means of which he lost a vast amount in the Patent Office as an original case, and perFrance were not published until two years material and in wages which he had to pay to mit them to grant him another patent. after they had taken place.
his employés. He also lost a great deal in the I think the reasons which he alleges are utterMr. BOUTWELL. I agree that the official way of debts that were due to him from the ly insufficient to justify us in granting what he report of the proceedings of the Exhibition and cotton-growing States. His losses, in fact, wishes; and, as was well said by the gentledescription of the articles exhibited would not were so great that the $23,000 that had been man from Michigan, (Mr. Upsox,] the point be published for a considerable length of time; I realized by him was not only absorbed, but he on which it is put would apply to all of these but the gentleman from Rhode Island knows was ruined in his estate and became a bank
This man claims that during the war very well that the publication in newspapers rupt, as I was informed. His whole estate, he could not use his patent as he would bave invalidates the patent in this country:
in point of fact, was swept away.
It costs a
done if there had been no rebellion; and hence Mr. JENCKES. There is no provision that very considerable sum to make one of these he comes here and asks us to reimburse him such provision shall be made. machines.
for that loss. On the same principle every man Mr. BOUTWELL. They are certain to be Now, he came to Congress with a petition | who had a patent renewed before the war can made.
asking that the seven years, which were ren come here and ask a renewal of his patent. Mr. JENCKES. The gentleman must see
dered unavailable to him in consequence of Now, Congress has for the last two or three this must be done at the opening of the Expo- the rebellion, and which resulted in his utter years, as I have stated guarded, perhaps more sition, when these applications will be made ruin, shall be given to him over again, as if || vigilantly than anything else, this matter of here unless we take this measure to preveut no renewal had been granted, . The committee | allowing parties who have patents to have them them.
think that it is an equitable claim. In fact, we renewed. This is not a case in which the party Mr. CHANLER demanded the previous never heard a more equitable claim. Surely shows that he has any claim upon us to depart question.
none has ever been presented to the commit from the principle upon which we have hereThe previous question was seconded and tee which seemed to make so strong an appeal tofore acted. I hope, therefore, that the House the main question ordered.
to our sense of right and justice. But the will not pass this hill. Mr. STEVENS moved that the joint resolu committee do not ask that a bill be passed
Mr. DAWES. It is true, as the papers in tion be laid upon the table.
directing the Commissioner of Patents to grant the case set forth, that this man has received The motion was agreed to.
this renewal. We have adopted a rule on this in fourteen years the gross sum of $23,000 from Mr. LAWRENCE, of Ohio, moved to recon subject by which we are bound and restricted, ll this patent. I think it hardly follows from that
statement that there has been any undue profit made out of the public from the patent.
Mr. HARDING, of Illinois. Net profits.
Mr. DANES. Whether it be net profits or gross receipts, to determine whether it is an inordinate sum or not, would depend upon the character and value of the invention, and the field in which the invention is to be applied. Now, this invention has direct application to the profitable cultivation of cotton; it is of no further use. It is a matter of history that the invention of the cotton-gin, which has made the whole southern country of any value what. ever as a cotton-raising country, was of no profit at all to the original inventor, and he died a bankrupt, although he enriched the whole world with his invention.
Now, here is an invention in aid of the same object. And the net profits which the inventor has received during the fourteen years of the invention was only $23,000. The invention had application solely to the cultivation of cotton in the rebellious States; and during the last four years, those which were to be under ordinary circumstances the most valuable years of his invention, all profits have been lost to him from no fault of his. He does not ask for a new patent, but merely that the Commissioner of Patents shall be authorized to examine into the whole case, to hear the whole evidence, and to decide, under the rules and precedents which have governed the Patent Office in the renewal of patents in time past, whether there is any fair and equitable reason for the longer existence of this patent. That is the whole extent of this bill.
Mr. WASHBURNE, of Illinois. If the gen: tleman will pardon me, I will ask him if he can deny that under this bill the Comissioner of Patents must necessarily issue this patent.
Mr. DAVES. I do not understand the bill to have been drawn for any such purpose. I would not sanction a bill that would require the Commissioner of Patents to issue the patent in question. If this bill is drawn in that way, I will not support it; but I do not understand it to have been drawn for any such end.
Mr. WASHBURNE, of Illinois. It is certain that the party understands that he will get a renewal of his patent if this bill is passed.
Mr. DA WES. I understand the gentleman from Connecticut (Mr. HUBBARD] to assent to what I say, that it was not the intention to draw the bill in the form indicated by the gentleman from Illinois, [Mr. WASHBURNE,] and if he has inadvertently so drawn it, I am quite sure he will see that it is modified. I think the party has great confidence that if the Commissioner of Patents is authorized to renew this patent he will obtain a renewal. But that confidence rests upon his belief in his ability to show to the Commissioner of Patents, what he is able to show to this House if this House were in a situation to hear patiently and fully what the Commissioner of Patents would hear, the justice of his case. If I understand the bill aright, the only authority given to the Commissioner of Patents is to hear and determine this case. I would ask the gentleman from Connecticut [Mr. HUBBARD] if that is the true construction of the bill.
Mr. HUBBARD, of Connecticut. Certainly. Mr. WASHBURNE, of Illinois. The bill will speak for itself. It says:
And the said Commissioner shall examine the said application and decide upon the same upon the same evidence and in the same manner as in other cases wbcre extensions of patents are applied for under existing laws.
Now, by this clause of the bill, as this patent has been once issued, the Commissioner of Patents can do nothing else but issue the patent.
Mr. DAWES. I think that the gentleman from Illinois (Mr. WASHBURNE] is mistaken in that.
Mr. WASHBURNE, of Illinois. I cannot be; that is the object of the bill.
Mr. DAWES. The Commissioner is authorized to hear and decide this case precisely as if the fourteen years for which the patent was originally granted had not yet expired; and he is to
extend the patent now just the same as he would nesses, just as if the matter had not been heard
It is because this relates to a matter that at Mr. WASHBURNE, of Illinois. I nove
Beaman, Benjamin, Bergen, Bidwell, Binghain, Mr. WASHBURNE, of Illinois. Does not
Boyer, Brandegee, Broomall, Buckland, Chander,
Reader W. Clarke, Cobb, Cullom, Dawson, Derrees, the gentleman understand that this man has Delano, Deming. Denison, Farquhar, Finck, Glossalready enjoyed a patent for fourteen years, brenner, Grider, Aaron Harding, Abner C. Harding, and that the public is now entitled to the use
Harris, Ilenderson, James R. Hubbell, James M.
Humphrey, Julian, William Lawrence, Le Blond, of the invention without paying any further Longyear, Marshall, Marvin, McCullough, McKee, bounty?
Moulton, Niblack, Noell, Orth, Paine, Sanucl J.
Randall. Rollins, Ross, Rousseau, Sawyer, Scofield, Mr. DAWES. I certainly do not so under
Shanklin, Shellabarger, Sitgreaves, Stilwell, Taylor, stand.
Thornton, Trowbridge, Upson, Robert T. Van Horn. Mr. WASHBURNE, of Illinois. That is the Ward, Elihu B. Washburne, Henry D. Washburn,
Welker, Williams, Stephen F. Wilson, Windom, fact. Yet one might suppose from the gentle.
Winfield, and Wright-68. man's remarks that this is an invention which
NAYS-Messrs. Alley, Allison, Ames, Anderson, we are bound to encourage, and that the public Baxter, Blaine, Blow, Boutwell, Bromwell, Bundy, could not get the advantage of it without the
Coffroth, Conkling, Darling. Dawes, Dodge, Don
nelly, Driggs, Eliot, Ferry, Garfield, Grinnell, Grispassage of this bill.
wold, Higby, Hotchkiss, Asahel W. Hubbard, Ches. Mr. DAWEȘ. The gentleman certainly ter D. Hubbard, John H. Hubbard, James Humphrey. does not mean to say that we are bound to
Jenckes, Kasson, Kelley, Kelso, Kuykendall, Laflin,
Lynch, McRuer, Miller, Moorhead, Myers, Newell, steal a man's invention.
O'Neill, Patterson, Perham, Pike, Plants, Raymond, Mr. WASHBURNE, of Illinois. No, sir; Alexander H. Rice, John H. Rice, Schenck, Smith,
Spalding, Strouse, Francis Thomas, Van Aernen, but when a man has enjoyed the advantage of
Warner, William B. Washburn, and James F. Wila patent for fourteen years, and has made out son-57. of it $23,400, I do not believe that we are NOT VOTING-Messrs. Delos R. Ashley, Baldwin,
Banks, Barker, Sidncy Clarke, Cook, Culver, Davis, called upon to legislate more money into his
Dixon, Dumont, Eckley, Eggleston, Eldridge, Farospocket.
worth, Goodyear, Hale, Hart, Hayes, Hill, Hogan, Mr. DAWES. I think that depends upon
Holmes, Hooper. Demas Hubbard, Edwin N. Hubcircumstances, the examination of which I am
boll, Hulburd, Ingersoll, Johnson, Jones, Kerr,
Ketcham, Latham, George V. Lawrence, Loan, Marsfor one willing to remit to the Commissioner ton, McClurg. McIndoe, Mercur, Morrill, Morris, of Patents.
Nicholson, Phelps, Pomeroy, Price, Radford, William Mr. WASHBURNE, of Illinois. I am not.
H. Randall, Ritter, Rogers, Sloan, Starr, Stevens,
Taber, Thayer, John L. Thomas, Trimble, Burt Van Mr. HUBBARD, of Connecticut. I yield Horn, Wentworth, Whaley, and Woodbridge-58. a portion of my time to the gentleman from So the bill was laid on the table. Illinois, [Mr. BROMWELL,] my colleague on the Mr. WASHBURNE, of Illinois, moved to cominittee.
reconsider the vote by which the bill was laid Mr. BROMWELL. There is one fact about
upon the table; and also moved that the mothis case which is perhaps not understood. To make one of these machines is a greater
tion to reconsider be laid upon the table.
The latter motion was agreed to.
and laid upon the table. realize anything like a fair remuneration in Mr. WASHBURNE, of Illinois, moved that fourteen years.
The history of inventions the same number of extra copies be printed shows that the inventors of those larger and
as had been ordered of previous testimony in costlier machines or combinations of machin reference to other States. ery have died poor, in consequence of their
The motion, under the law, was referred to
Mr. BIDWELL, by unanimous consent, this inventor had struggled against adverse cir
moved that the Committee on Agriculture be cumstances during the fourteen years of his
discharged from the further consideration of patent, and that he had just got his business in
House bill No. 498, to amend section two of a somewhat promising way when he obtained his extension; that the $23,000 which he re
an act entitled 'An act donating public lands ceived from the invention bears a very small
to the several States and Territories which may
provide colleges for the benefit of agriculture proportion to his outlay, trouble, and suspense in his efforts to bring the invention into use.
and the mechanic arts,' and that the same be
referred to the Committee on Public Lands. Just as he had secured the extension the re
The motion was agreed to.
FREEDMEN'S BUREAU APPROPRIATION. think this bill should be passed. It provides Mr. WRIGHT. Mr. Speaker, I was absent for no appropriation.
from the House yesterday on account of sickMr. HUBBARD, of Connecticut. I have only ness, and I wish to say if I had been present a few minutes left, and I must resume the floor. I would have voted against House bill No. 545,
I have only time to say that the bill simply || making appropriations for the uses of the Buproposes to submit the question of a renewal reau of Refugees, Freedmen, and Abandoned to the Commissioner of Patents, who is re Lands for the fiscal year commencing January quired to examine the whole case by wit 1, 1866, appropriating as it does $11,000,000.
REORGANIZATIOX OF TIIE ARMY.
DEEPENING SOUTHWEST PASS.
of the committee of conference; and under the The House resumed the consideration of the The SPEAKER laid before the House a com
operation thereof the report was agreed to. bill (H. R. No. 361) entitled "An act to reor munication from the Secretary of War, trans
Mr. ELIOT moved to reconsider the vote by ganize and establish the Army of the United mitting a report of a board of engineers rela
which the report of the committee was agreed States,' the pending section being the follow tive to the deepening of the Southwest Pass of
to; and also moved to lay that motion on the ing:
the Mississippi, in reply to a resolution of the table. Sec. 23. And be it further enacted, That the pay House of April 20, 1866 ; which was ordered
The latter motion was agreed to. department of the Army shall hereafter consist of to be printed, and referred to the Committee
ARMY BILL-AGAIN. one paymaster general, with the rank, pay, and emoluments of a brigadier general; two assistant paymason Commerce.
The Clerk read as follows: ter generals, with the rank, pay, and emoluments of
TELEGRAPII TO THE WEST INDIES. colonels of cavalry; two assistant payınastergenerals,
Sec. 24. And be it further enacted. That the corps of with the rank, pay, and emoluments of lieutenant Mr. ELIOT. I submit the following report
Engineers shall consist of one chief of engineers, with coloncis of cavalry; and forty paymasters, with the
the rank, pay, and emoluments of a brigadier genfrom the committee of conference on the dis eral, six colonels, sixteen lieutenantcolonels, twentyrank, pay, and emoluments of majors of cavalry; and the original vacancies in the grade of major shall be
agreeing votes of the two Houses on the bill two majors, thirty captains, and twenty first and ten filled by selections from those persons who hareserved
second lieutenants, who shall have the pay and emolin relation to a telegraph between the United faithfully as paymasters or additional paymasters
uments now provided by law for officers of the Engi. States and the West Indies : in the Army of the United States in the late war;
neer corps of these several grades respectively. But and hereafter no graduate of the United States Mil The committee of conference on the disagreeing
after the first appointments made under the provisitary Academy, being at the time in the Army of the votes of the two Houses on the bill (S. No.26) entitled
ions of this section, as vacancies may occur in the United States, or having been at any time for three An act to encourage telegraphic communication be
several grades of lieutenant colonel, major, and cap. years next preceding, shall be eligible to appointment tween the United States and the island of Cuba and
tain, no appointments to fill the same shall be made as an oficer in the pay department; but this provis other West India islands, and the Bahamas," having
until the number of lieutenant colonels shall be reion shall not extend to graduates of West Point now met, after full and free conference have agreed to
duced to fifteen, the number of majors to twenty, and in the pay department. recommend, and do recommend, to their respective
the number of captains to twenty, and thereafter the Ilonses as follows:
number of officers in each of said several grades shall The pending amendment was mored by Mr. That the Senate agree to the first amendment of
continuo to conform to such reduced numbers. SCHENCK, to strike out in line seven the word the House of Representatives to the bill, and that it Mr. SCHENCK. There is a mistake in a "forty," and insert " fifty' in lieu thereof; on
agree to the second amendment of the House with an title in that section which I desire to correct. which the yeas and nays had been ordered.
amendment, as follows: at the end of the amendment
I move to strike out the words “chief of engi-
Z. CHANDLER, what took place when the amendment was up
L. M. MORRILL,
The amendment was agreed to. before, and which may have since been forgot
The twenty-fifth section was read, as follows: ten. In the seventh line of the twenty-third
Managers on the part of the Senate.
SEC. 25. And be it further enacted, That the five comsection provision is made for forty paymasters
panics of engineer soldiers, and the sergeant major with the rank of major. The number insisted
and quartermaster sergeant heretofore prescribed by on by the Paymaster General, in an able com
Managers on the part of the House.
law, shall constitute a battalion of engineers, to be
officered by oflicers of suitable rank detailed from the munication read to the House, is sixty. In Mr. ELIOT. I demand the previous ques corps of Engineers, and the officers of engineers actmost of these bureaus and departments, the tion on the adoption of the report.
ing respectively as adjutantand quartermaster of this
battalion shall be entitled to the pay and emoluments gentlemen who are at the head of them wish Mr. RANDALL, of Pennsylvania. Mr.
of adjutants and quartermasters of cavalry. to have the greatest number of assistants, but || Speaker, can I have the whole of that bill No amendments were offered. can get along with a less number if it be found reported? essential the number should be limited. The The SPEAKER. Not as a matter of right.
The twenty-sixth section was then read, as committee, on reconsidering the whole matter,
follows: Mr. RANDALL, of Pennsylvania. I ask it
Sec. 26. And be it further enacted, That the ordagreed to make a compromise between the as a privilege.
nance department of the Army sball consist of the views of the Paymaster General and their own, Mr. ELIOT. I will explain what the effect same number of officers and enlisted men as is now and accordingly I moved the pending amend of the agreement is.
authorized by law, and tho officers shall be of the folment to strike out"forty'' and insert " fifty." Mr. RANDALL, of Pennsylvania. I think
lowing grades, namely: one brigadier general, three
colonels, six lieutenant colonels, twelve majors, The question was taken ; and it was decided
this bill went through the House without fair twenty captains, twelve first lieutenants, ten second in the negative-yeas 56, nays 65, not voting consideration. It appropriates a large sum of
lieutenants, all of whom shall have the same pay and 62; as follows:
emoluments as now provided by law, and thirteen money.
ordnancestorekeepers, of whom a number not exceedYEAS-Messrs. Alley, Anderson. Baldwin, Baxter, The SPEAKER. There is nothing before ing six may also be appointed and authorized to act Bidwell, Blaine, Blow, Cobb, Darling, Dawes, Deming, Dodge, Donnelly, Drigge, Eliot, Farquher, Ferry, *the House except the question of agreeing to
as paymasters at armories and arsenals. Ordnanco
storekeepers shall bave the rank, pay, and emoluGarfield, Abner C. Harding, Henderson, llolmes, the report of the committee on the disagreeing
ments of captains of infantry, and ordnance storeHotehkiss, Asabel IV. Hubbard, John H. Hubbard, votes of the two Houses. The gentleman from keepers and paymasters the rank, pay, and emoluJames Humphrey, Ingersoll. Julian, Kasson, Kelley, Massachusetts proposes to explain it.
ments of captains of cavalry. But after the first Kelso, Longycar, Lynch, Marvin, McRuer, Miller, Moorhead, Morrill, Morris, Myers, Newell, O'Neill,
Mr. ELIOT. There were two amendments
appointments made under the provisions of this sec
tion, as vacancies may occur, reducing the number Paine, Perham, Pike. Plants, Raymond, John H. which were made to the bill in the House. The of officers in the several grades of this department Rice. Sawyer, Schenck, Smith, Spalding, Stilwell, Burt Van Iorn, Elibu B. Washburne, llenry D. Washfirst amendinent gave to the United States the
below therank of brigadier general, no appointments
to fill the same shall be made until the number of burn, and William B. Washburn-56.
free use of the line during time of peace as well colonels shall be reduced to one, the number of lieuNAYS-Messrs. Allison, Ames, Ancona, Baker, Bea as during time of war. The Senate agreed to tenant colonels to thrce, the number of majors to six, man, Benjamin, Bergen, Boutwell, Boyer, Brandegee, Broomall, Buckland, Chapler.Reader W. Clarke, Cofthat amendment.
and the number of captains to twelve; and thereafter
the number of officers in each of said several grades froth, Conkling, Cullom. Dawson, Defrees, Delano, Den
The second amendment which was made by
shall continue to conform to such reduced numbers. ison, Eldridge, Finck. Grider, Aaron Harding, II arris, the House was that the company should not Hart, Chester D. Hubbard, James R. Jubbell, James
Mr. DAWES. I offer the following amend. M.Humphrey, Jenckes, Kuykendall, Lallin, Latham, charge more than at the rate of $3 50 for
ment to that section: George V. Lawronce, William Lawrence, Le Blond, each ten words. The Senate disagreed to that Loan. Marshall, McClurs, McCullough, McKce. Mould
On line eleven, page 15, after the word "arsonals," amendment. The managers on the part of the insert the following: "The ordnance storekeeper and ton, Niblack, Noell, Orth, Patterson, Samuel J. Ran
two Houses have agreed to the amendment, paymaster at the national armory shall have the rank, dall, William H. Randall, Rollins, Ross, Scofield, Sitgreaves, Strouse, Taylor, Thornton, Trowbridge, with this provision : "subject, however, to
pay, and emoluments of other paymasters of the Army
and other;" so that it will read: Upson, Van Acrnam, Warid, Welker, Williams, James the power of Congress to fix and determine Sec. 26. And bc it further enacted, That the ordnance F. Wilson, Stephen F. Wilson, and Wright-65. NOT VOTING-Messrs. Delos R. Ashley, James M. the rate at any time."
department of the Army shall consist of the same Ashley, Banks, Barker, Bingham, Bromwell, Bundy,
That is all that the committee of conference
number of officers and enlisted incn as is now author
ized by law, and the officers shall be of the following Sidney Clarke, Cook, Culvér, Davis, Dixon, Dumont, had before them. The effect of that amendEckley, Eggleston, Farnsworth, Glossbrenner, Good
grades, namely: opo brigadier general, three coloncis, year, Grinnell, Griswold, Hale. Hayes, Higby, Hill, ment is to limit the rate of charges.
six licutenant colonels, twelve majors, twenty cap
tains, twelve first licutenants, ten second lieutenants, Hogan, Hooper, Demas Hubbard, Edwin N. Hubbell, I ought to say that there is also in the bill a
all of whom sball have the same pay and emoluments Hulburd, Johnson, Jones, Kerr, Ketcham, Marston,
provision giving to Congress the right to alter as now provided by law; and thirteen ordnance storeMcIndoe, Mercur, Nicholson, Phelps, Pomeroy, Price, Radford, Alexander II. Rice, Ritter, Rogers, Rous
and amend the bill at any time, so that the keepers, of whom a number not exceeding six may seau, Shanklin, Shellabarger, Sloan, Starr, Stevens, amendment which was agreed to in conference
also be appointed and authorized to act as paymasters
at armories and arsenals. The ordnance storekeeper Taber. Thayer, Francis Thomas, John L. Thomas, is really repeating what was in the bill before; Trimble, Robert T. Van Horn, Warner, Wentworth,
and paymaster at the national armory shall have Whaley, Windom, Winfield, and Woodbridge-62. but it made some parties more satisfied with the rank. pay, and enoluments of other paymasters
of the Army, and other ordnance storekcepers shall So the amendment was rejected. the bill, and so the committee of conference
have the rank, pay, and emoluments of captains of agreed to the amendment.
infantry, and ordnance storekeepers and paymasters ENROLLED JOINT RESOLUTIONS SIGNED. Mr. RANDALL, of Pennsylvania. 'I think the rank, pay, and emoluments of captains of cavalry,
But after the first appointments made under the proMr. TROWBRIDGE, from the Committee there is undue power granted there, and for
visions of this section, as vacancies may oceur, reduon Enrolled Bills, reported that the committee the purpose of testing the question I move to cing the number of officers in the several grades of had examined and found truly enrolled joint || lay the report on the table.
this department below the rank of brigadier general, resolutions of the following titles; which were
The SPEAKER. That carries the bill
no appointments to fill the same shall be made until
the number of colonels shall be reduced to one, the thereupon signed by the Speaker: with it.
number of lieutenant colonels to three, the number Joint resolution (S. R. No. 31) expressive Mr. RANDALL, of Pennsylvania. I make of majors to six, and the number of captains to twelvo;
and thereafter the number of officers in each of said of the gratitude of the nation to the officers, the motion.
several grades shall continue to conform to such soldiers, and seamen of the United States; and The motion to lay the bill on the table was reduced numbers. Joint resolution (S. R. No. 75) making ap disagreed to.
I desire the attention of the House for a propriations for the expenses of collecting the The previous question was seconded and the moment while I state the object of this amendrevenue from customs.
main question ordered on agreeing to the report II ment, which I think will meet the concurrence
of the chairman of the committee when I || To cite your own case as an example, during the three The bill provides that those of the one class
years that you were under my command at Springexplain what it is.
shall receive the pay of captains of infantry, field arınory, your disbursements averaged $5,000,000 The
of it is this: in the bill as prepurpose
while those of the other class recpire the pay a year, and your property responsibility was often pared by the committee there is a provision greater than that amount. In making payments to of captains of cavalry. for thirteen ordnance storekeepers, and six of the large number of men who were constantly leav Mr. SCHENCK. I am very happy to be
ing the armory before the pay-rolls could be regularly them are to be also paymasters at the posts made, mistakes were unavoidable in over-payments,
able to give the gentleman an explanation. where they are stationed. One of these must and in all cases the loss had to be made good by you. The storekeepers in the quartermaster's de. be at the armory at Springfield. I wish to call It would be only just that your pay should be in partment, who are to receive only the pay of
creased, and I hope that it will be done. the attention of the House for a moment to the
Yours, very truly,
A. B. DYER,
captains of infantry, do not act also as pay. duties of that storekeeper and paymaster at
B. M. G., Chich of Ordnance.
There are sixteen of those; and they Springfield, and then to ask the House whether Edward INGERSOLL, Esq., M. S. K. and P. M., Spring are all put upon the same footing. Of military it is not reasonable that he shall have the pay
field Armory, Springfield, Massachusetts.
storekeepers in the ordnance department, there of a paymaster of the Army. The House will
are thirteen, seven of whom act simply as see that his duties are much larger than those
SPRINGFIELD, March 22, 1866.* storekeepers like those in the quartermaster's of any paymaster in the Army; and I ask, in
Sir: I take pleasure in bearing my testimony to department, and thry are put on the same footconnection with that, attention to the peculiar the heavy responsibility devolved upon you as mili ing as to
with the storekeepers in the quar. facts regarding his present pay, how it comes
tary storekeeper and paymaster at this armory, and
termaster's department. But six of these milito be what it is, what it is, and what it has been duties. I am of opinion that the pay given to Army tary storekeepers in the ordnance department for several years.
paymasters would not be too great considering the act also as paymasters, and they are put as to
large bonds required of you and the amount of propHe is storekeeper for the armory. He has erty and funds for which you are held responsible.
pay upon the footing of captains of cavalry, in his custody, and has had for a great many Very respectfully, your obedient servant,
giving them an advantage of perhaps $180 & years, about fifteen million dollars' worth of
T. T. S. LAIDLEY,
year in pay and allowances, in order to recproperty, four or five times more than is pos
Brevet Colonel, Major of Ordnance Commanding.
ompense them for acting as paymasters as well EDWARD INGERSOLL, Esq., Paymaster U. S. A. sible for any other storekeeper to have. He
as military storekeepers. No distinction is . has been obliged to pay out during the last four Mr. SCHENCK. I appreciate the motive made, as the gentleman supposes, between the years between four and five million dollars which induces the gentleman from Massachu- | storekeepers in the quartermaster's department each year. That is a larger amount than he setts (Mr. Dawes] to move this amendment. and those in the ordnance department. The had to pay before the war, and larger than he It is admitted on all hands that these officers || storekeepers in the ordnance department who will have to pay hereafter. He would be obliged | have been inadequately paid heretofore; they act only as military storekeepers are put upon to pay, under the present capacity of the ar have, in fact, had less pay than similar officers || precisely the same footing as storekeepers in mory, if it should be run to its full capacity, that in the quartermaster's department. They are the quartermaster's department. The distincsum ; but it is not probable that it wiil be run now receiving, however, one class $1,040 and tion is made only in the case of a half dozen to that capacity. He will be obliged to pay another class $1,490 per annum, by an increase who serve also as paymasters. every year about two million dollars. He will of $240 per year added to the pay of each class Mr. O'NEILL. * It seems, then, that the discertainly be obliged to keep now, after the war since the law was originally enacted.
tinction is made on account of the additional is closed, a much larger amount of property
The committee propose, in the case of ord. responsibility of particular officers. than during the war, as arms are coming back nance storekeepers, to increase their rank, pay, Mr. SCHENCK. And their additional to the armory every day, and his liability as a and allowances to those of a captain of infantry, || duties. The distinction has always been made. storekeeper is therefore very largely increased. which is less than a captain of cavalry receives, || I will give the gentleman the law on the sub
In addition to these duties as storekeeper || and to make six out of the thirteen ordnance ject. By a law passed in 1842, the paymasand of paymaster at this armory, he is also storekeepers, who are also acting as and having ters and military storekeepers at the armories commissary at the armory, and is obliged every the responsibilities of paymasters, of the rank and at the arsenals of construction at Pittsyear to pay out about thirty thousand dollars and with the pay and emoluments of captains burg, Watervliet, and Washington city, rein that capacity.
of cavalry, being about one hundred and eighty | ceived $1,250; and all others who served as Now, he has been obliged to perform all dollars a year more.
storekeepers, like those in the quartermas. these duties for a salary of $1,250 a year, with The gentleman from Massachusetts [Mr. ter's department, received $800. But by an act out any emoluments, without any rations. The Dawes] proposes to make an exception in passed in 1857, the sum of $240 per annum salary was fixed by law some time ago; I think favor of the ordnance storekeeper and pay. was added to officers all round, increasing the it was when the superintendency of the armo master at Springfield. I admit, while there. ll compensation of those acting as storekeepries was transferred from the military to the are six of these thirteen storekeepers who also ers and paymasters to $1,490, and that of the civil department.
serve as paymasters, the burden of responsi- || others to $1,040. The distinction exists under He has been twenty-five years at that armory, || bility upon the one at Springfield is perhaps in the present law; and this bill proposes simply and is an old and experienced man, whose some respects as great as of the other five in to continue it. skill and ability in his profession would have respect to the amount of property under his Mr. O'NEILL. The gentleman from Massasecured him almost any position in civil or charge and the payments he has to make. chusetts has urged an increase of pay to the milmilitary life. He has retained his position These storekeepers, who act also as paymas itary storekeeper at Springfield on the ground during the war from a sense of duty, not ters, expend from about five thousand dollars
that he performs the duties of paymaster, and because he could earn as much money there per month at the two or three western arsenals is subjected to a large responsibility. Now, I as he could anywhere else, and from a feeling which have recently been established, one at wish to state that there are other officers in the that after the war was over Congress would Rock Island and one at Columbus, up to about country whose duties as military storekeepers do justice to him and raise his compensation.
two hundred thousand dollars per month, which || have, during the last few years, imposed on He has arrived at that period of life when has been the rate of expenditure at Springfield. them very great labor and responsibility. Sir, he can hope for no promotion; and situated as How, if the proposition of the gentleman a case in point is that of the storekeeper at the he is, as a salaried otficer, he is not entitled to from Massachusetts is to be confined exclu
arsenal on the Schuylkill, at Philadelphia. Dur. any promotion in the Army. He now asks | sively to making a distinction between the || ing the last four or five years the quantity of only that he may have the rank and pay of an officer at Springfield and the others, I do not materials stored in that arsenal has at times ordinary paymaster.
know that there ought to be any objection to amounted in value to ten or fifteen million dolI will send to the Clerk's desk to be read a it. But I think, as a general thing, the allow. lars, imposing, of course, a great responsibility letter from the present chief of the Ordnance ance proposed to be made to them as captains upon the storekeeper at that post. I also know Bureau, who was, during the war, superintend. || of cavalry is quite sufficient.
that the military storekeeper at Washington has ent of the national armory; also a letter from Mr. DAWES. I ought to have added that had an almost equal responsibility resting upon the present superintendent of the armory; and the officer at Springfield is obliged to give him. Why should not the military storekeepI think they will satisfy the House that this | $50,000 bonds, while ordinary paymasters ers at these two points have an increase of sal. officer ought to be put simply where any other I give only $20,000 bonds.
ary? The extent and importance of their duties paymaster is put, though his duties and respon Mr. SČHENCK. The gentleman is correct. certainly entitle these officers to a larger pay sibilities are greater than those of any of them. I would suggest to him that his amendment than the ordinary military storekeepers. The Clerk read as follows:
now speaks of "the paymaster and store Mr. DAWES. I suggest to the gentleman ORDNANCE OFFICE, WAR DEPARTMENT, keeper at the national armory; I think he that the difference between the two cases is this: WASHINGTON, February 26, 1866.
ought to say, "at Springfield, Massachusetts.”' in the case he speaks of the storekeeper had, SIR: In reply to the inquiry contained in your let Mr. DAWES. I have modified my amend during the war, the custody of a large amount ter of the 23d instant, I say unhesitatingly that I do ment in that way. not consider the compensation now allowed to mil
of property, which is now constantly growing itary storekeepers and military storekeepers and
Mr. SCHENČK. They are all national less; while the property in the custody of the paymasters of ordnance as a fair remuneration for armories. But this advantage should not be storekeeper at Springfield is all the time inthe services rendered, and the heavy responsibilities which are devolved upon thom.
extended to any except that one officer, who creasing, as the military stores now go there Prior to the passage of tho act of August 23, 1942, has so many more responsibilities than the for safe-keeping. In addition to that, his duties military storekeepers were allowed the pay and emol others.
as storekeeper are by no means the whole of uments of captains of infantry, and military storekecpers and paymasters the pay and emoluments of
Mr. O'NEILL. I desire to ask the chairman his duties. He makes large disbursements of captains of cavalry. This compensation is not too of the committee a question. Why is a dis money, equal in amount to those of any ordimuch for the services required of them. Their re tinction made between the military storekeepsponsibilities for money and for other property is
nary paymaster in the field. He has to perform, often very great, and within the last four years their
ers in the ordnance department and the store. also, the duties of a commissary. Those are duties and responsibilities have greatly increased. II keepers in the quartermaster's department? duties which do not devolve upon the etoro
keeper either at the Schuylkill arsenal or here approved by a military board, to be convened by the the House to what is the practice in all the in this city. This is the reason why the distinc
Secretary of War for that purpose; and officers whilo tion proposed to be made is just. so detailed shall receive the pay and emoluments of
principal armies of the world. I hold in my cavalry officers of their respective grades; and en
hand a report upon this subject made by Major I admit the propriety of a provision in the listed men while so detailed shall, when deemed Mordecai, of the United States Army, who with bill that all of these should be raised to that necessary, be mounted upon horses provided by the
General McClellan and another officer was sent Government. particular point. I only ask the House to con
Sec. 28. And be it further enacted, That in all the abroad as a commission to look into the milisider whether this one should not be provided staff corps (or departments) promotions may here tary systems of European countries. From this for, as the others have been paid more than he
after be made without regard to seniority in the date has been, and who has had far greater responof appointments or commissions, and the same rule
report I find that in Russiaof promotion by merit alone shall apply to all officers “Promotions are ordinarily made by seniority. In sibility. I hope my friend will not press his of the line above the grade of captain.
the guards, promotions are made regimentally to the amendment.
grade of lieutenant colonel, inclusive: in the infantry
Mr. GARFIELD. I move to strike out the Mr. O'NEILL. I approve of the amend
of the active army, regimental promotions are mado word "above" and insert "below;" and to to the rank of captain, inclusive: above that grado ment of the gentleman from Massachusetts. But he is mistaken in reference to the Schuylstrike out "captain" and insert "colonel."
the promotion is by divisions of four regiments; in
the artillery, the promotions are made by brigades of kill arsenal.
Mr. Speaker, there is no good reason why this four batteries; officers of artillery not attached to rule of promotion should not apply to company
batteries are promoted soparately. Above the grado Mr. DAWES. I do not want to be considofficers. I am very glad that the committee has
of colonel, promotions are made through the whole ered as opposing the amendment of the gentle
army at the pleasure of the Emperor; so are extraorundertaken to adopt the principle of promotion | dinary promotions for distinguished services in any man from Pennsylvania.
by merit. It is an innovation upon the estab grade.' Mr. O'NEILL. The Schuylkill arsenal has
lished customs of the Army, and will no doubt been the great distributing arsenal the coun
Throughout the whole army any officer who throw out some men and work some hardship. || has shown what he is fit for is selected for any try. It has been so since the late war with
But the good that will be accomplished by it is England. It will still continue to be the re
higher position purely and solely upon his ceptacle of an immense amount of Govern
so very great that I believe the section ought to merits.
stand with the amendment I have suggested. ment material. It is all under the direction
I will now refer to another Government in Where a man has devoted himself for life to 'of the military storekeeper. If I am not mis
which the army is a very important part of the taken it is the duty of that military storekeeper
the military profession, and has been compelled | public service, and where its organization is
to serve perhaps five years in a single grade admitted to have been brought to very great to pay the emplogés of that arsenal. I think
before the promotion comes, it may be said it is a point where we should give this military
perfection. I refer to Prussia. Major Morthat it is hard that he should not be promoted | decai says, in his report, in reference to that storekeeper the pay and emoluments of a cap
as a matter of course. But on the other hand, | country tain of cavalry. Mr. SCHENCK, We have long since passed merits worthy of a higher grade, he ought not if five years' service has not made him by his
“Promotions are made according to seniority, and the section in reference to military store
by regiinents or corps, to the grade of major, except keepers. to be promoted.
in case of incompetency on the part of the senior Mr. O'NEILL. I understand the proposi
Mr. WRIGHT. I wish to ask the gentleman
captain to command a battalion. Above the grade
of major, the promotions are made by selections; but a single question. His amendment proposes tion is in reference to military storekeepers.
the order of seniority is habitually followed in timo to strike out the word "above" and insert the Mr. SCHENCK. If the gentleman will turn
peace owing partly to the difficulty in such a time
of determining real military merit." back to the sixteenth section he will find we
word “below," and strike out the word “ capthere dispose of the quartermaster's departtain" and insert "colonel,'' so that it will read,
We find that in France,
“For brilliant action noticed in general orders " and the same rule of promotion by merit ment. I am glad it is disposed of. We were a long time at it. In the seventeenth section alone shall apply to all officers of the line
promotions are made without regard to the above
rules." there is a provision about military storekeep | sider a lieutenant colonel and a major officers below the grade of colonel." Does he con
The rules referred to relate to the term of ers. We are now on the section providing for the ordnance department. We provide there of the line, or are they field officers ?
service, and the grades a man must be in beshall be thirteen ordnance storekeepers, of
Mr. GARFIELD. Certainly, they are officers
fore he can be promoted. The report goes onwhom a number not exceeding six may also be of the line.
"And generally, in time of war, the term of service
required for promotion may be reduced one half. appointed and authorized to act as paymas
Mr. WRIGHT. There are too many tinkers Ordinary promotions are made partly by selection ters at armories and arsenals. The proposi- | about this.
by the Emperor, partly by seniority." tion is to make a distinction in favor of those Mr. SCHENCK. I ought to be satisfied, I Without detaining the House further by rewho act as paymasters. The gentleman from think, when I consider that the argument of ferring to these extracts, I may say that the same Massachusetts proposes to make a still further my colleague is an answer and an objection to rule prevails in the military service of every distinction in favor of the one at Springfield on his own amendment. But I will undertake to great military nation, and it is founded upon the the ground, which I admit does exist, that his extend that objection somewhat by a little fur- principle that a man may make a good subalresponsibility is to the extent of $50,000,000, ther argumentation.
tern, may have all the knowledge necessary while the highest responsibility of the others He proposes to reverse the order in which for a company officer detailed on subordinate is $12,000,000, running down to $600,000. distinction shall be made between promotion duty up to a certain point, but that there is
Mr. O'NEILL. I thought I was at the proper by seniority and by merit, so that the first pro- | ordinarily somewhere, if you will have the best place to move the amendment. This military motions shall be by merit and the subsequent selections, when they must be made with refstorekeeper at the Schuylkillarsenal has greater promotions in the higher grade only by senior erence to merit. responsibility than any other military store. ity. If he does this he will simply reverse the Now, in our own Army during the late war keeper, and I do not see why he should not whole order of proceedings in all other ser
a law was enacted authorizing officers of the have his pay increased.
vices, in any way assimilated to our own, and regular Army to be commissioned and serve as Mr. SCHENCK demanded the previous which exist in the very nature of these military officers of volunteers; and everywhere throughquestion. offices.
out the whole extent of that Army of millions The previous question was seconded and Now, sir, the reason why promotions in the of men this principle was resorted to, and sethe main question ordered.
lower grades are confined to seniority in all lections were made instead of the regular step The amendment was agreed to.
services except our own, as far as I know, and by step tread-mill promotion, which carries up Mr. FARQUHAR. I move to strike out in
that promotion by merit comes in as the officer the dullest and poorest, as well as the best, in line thirteen the word "infantry,”' and insert
rises in grade, I take to be this: a young | regular order. The truth is, the object is to "cavalry” in lieu thereof. I desire to make man entering the Army as a second or first prevent by the regular promotion the inefficient an inquiry of the chairman of the Military
lieutenant, on having risen as captain to the man, or the least efficient, being brought up to Committee as to the effect of the section. I command of a company, does not develop that the highest positions, thus having your Army see it provides for six ordnance storekeepers particular genius and power of comprehension | die like some old tree at the top and become as paymasters. It provides for thirteen in all. or combination which may make him a better rotten there while all the vigor is below. Is it the design that the remaining five shall not
field officer. Therefore, in all the various mil I trust, therefore, that no reversal of this act as paymasters?
itary services of the world they have gone on rule will be adopted by the House, and that Mr. SČHENCK. There are six arsenals || promoting by seniority alone in the first classes we shall not abandon the practice as well as where the ordnance storekeepers act as pay.
of officers until they reach some point (which the theory of all military Governments in regard masters, and we provide only for that num
we propose shall be above the grade of cap to promotions. ber.
tain) where the officer is supposed to have Mr. WRIGHT. I desire to ask the chairMr. FARQUHAR. I withdraw my amend developed the fact whether he is fit for a higher man of the Committee on Military Affairs, what ment.
trust. Many a man will make a first-rate lieu: is the object of inserting in this section these The Clerk read as follows:
tenant or captain, be perfectly at home in all words that seem to exclude captains from that Sec. 27. And be it further enacted, That there shall
the routine of company matters and subordi kind of promotion that is given to general and be one chief signal officer of the Army, who shall nate command, and yet be unfit for the larger || field officers? have the rank, pay, and emoluments of a colonel of and more comprehensive duties of a higher If I understand that section there is one rule cavalry. And the Secretary of War shall have power to detail from the Army six officers, and not to exceed
comand, either of a regiment, brigade, or in regard to general and field officers, that they one hundred non-commissioned officers and privates, division. The gentleman, however, seeks to shall
be chosen without any regard to seniority to be taken from the battalion of engineers, for the reverse all this.
of service. They are selected by the President performance of signalduty: Provided, That no officer or.enlisted man-shall be detailed to serve in the sig
To show that I am sustained by the practice of the United States, subject to the advice and nal corps until he shall have been examined and of other countries, I beg leave to refer him and Il consent of the Senate. Now, I should like to