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stances, I wish to keep it dead and buried for governments as they existed prior to the rebel Mr. DRIGGS. I understood the gentleman ever, so far as I am concerned.

lion at once revived; of course that must have from New Jersey to say that he never was in Mr. WILSON, of Iowa. The gentleman says included the revival of the constitutions of favor of slavery; that he was always opposed he is opposed to the exercise of powers not those States. Now, I wish the gentleman to

to it.

If the gentleman is sincere in that decdelegated by the Constitution. I desire him to state whether those States had republican forms laration, and I have no doubt he is, then I point out the particular clause which authorized of government before the rebellion. If so, would ask him why he opposed the amendment the President to appoint provisional governors and those governments were revived by the to the Constitution by means of which we were for those States and to require of those States surrender of the rebel armies, where did the enabled to get rid of slavery in a constitutional the ratification of the constitutional amend-' || President get the power to require them to way. ment abolishing slavery.

change those republican forms of government ? Mr. ROGERS. Because I took the ground Mr. ROGERS. The power was this: the Mr. ROGERS. He was authorized to exer here, as the Speaker well knows, both that Constitution of the United States says that the cise that power upon the ground that the acts winter and the winter before, that there was United States shall guaranty to every State a which had been performed in behalf of the nothing in the Constitution which gave us republican form of government, and when the confederacy were acts which were void ab power over the subject; that it was a reserved people of any State are in insurrection, or when initio; and there is no better settled principle | right of the States, not delegated to the United a State is overrun by the armies of other States, of law than that no void or illegal act can over States, to control their domestic institutions it is the duty of the President to call out the turn or destroy that which was legal, and there exclusively in accordance with ther own judg. militia, suppress the insurrection, and repel | fore every movement of the southern people ment. Another reason for my course then was that invasion. And it was by virtue of the with reference to furthering or carrying into that the rebellion was not ended, and I believed power conferred by the force of military law, effect the machinery of the confederate govern- || it would tend to alienate the affections of the as embodied in the Constitution of the United ment was without authority of law, and was in people of the South and lead them to continue States, that Abraham Lincoln had a right, not violation of the government, which the Presi longer in war against the Union; not that I as President of the United States, but as Com- || dent of the United States was bound to uphold had any doubt that the Union armies would mander-in-Chief of the Army, to dictate such a by all the means in his power. And he was finally succeed. state of affairs as would come within the re authorized to put down all the forms of State Now, sir, when the gentleman from Illinois quirement of the Constitution in guarantying government which the people of the South had || [Mr. INGERSOLL] expresses a wish that Andrew to those States a republican form of govern adopted to sustain the cause of the confeder- | Johnson had been swallowed in the Red sea ment. And as slavery was an instrument of acy. When those forms had been put down, of destruction, like Pharaoh and his hosts, it war, one of the principles upon which it was then the status of those States, as it existed is a wish which, it appears to me, an Ameriwaged, the main principle, in fact, for the last before the rebellion commenced, returned to can Representative should blush to utter. Sir, two years, the arbitrament has settled that as them, except so far as regards what was de does a noble, patriotic President deserve to be much as any other question. When the people | clared to be the corner-stone of the rebellion, || spoken of in this manner simply because he is went to war these extraneous matters gave way which was put in issue, and which went down exercising his constitutional power to vindito the force of the arbitrament, and were set

with the rebellion under the military power of cate the great doctrines of civil liberty upon tled for all time to come. the United States.

which the welfare and the progress of this Mr. WILSON, of Iowa. Then I desire to Mr. WILSON, of Iowa. I do not see that country depend? ask, inasmuch as Texas was omitted from the the gentleman from New Jersey has answered Sir, gentlemen are mistaken when they improclamation of the President, whether, in the one question which I put to him. That ques. || agine that the American people can ever be gentleman's opinion, if Congress should pass tion was, whether the insurgent States, prior to || brought to sympathize with the revolutionary the amendment now pending, it would be com the rebellion, had republican forms of govern doctrines of the disunionists which they have petent for Andrew Johnson, as President of the ment.

advocated in this Congress, doctrines which United States, to require of Texas the ratifica Mr. ROGERS. I say they had.

proclaim the dismemberment of the country tion of that amendment before he would recog. Mr.WILSON, of Iowa. The gentleman said and declare in effect that the country's flag, nize her as restored to such an extent as to be that the surrender of the rebel armies revived with its brilliant galaxy of stars, representing entitled to representation in Congress. the State governments that were in force before in undiminished number our grand sisterhood Mr. ROGERS. No, sir. I claim, notwith the rebellion.

of States, is a “flaunting lie.

Sir, the peostanding what Andrew Johnson may have Mr. ROGERS. Yes, sir.

ple of this nation, who have fought to maintain required, that when the rebels laid down their Mr. WILSON, of Iowa. Consequently each the integrity of our Union and the perpetuity arms and submitted to the Constitution of the one of those States, upon the surrender of the of the Constitution, recognize in the policy United States the war was ended. Notwith-rebel armies, had a republican form of govern. of Andrew Johnson the great principles for standing anything that may have been put on ment, which had been revived.

which they have been battling; and they will paper by the President or anybody else, the very Mr. ROGERS. Exactly.

never consent that those principles shall be moment the southern States succumbed that Mr. WILSON, of Iowa. Now, I wish to ask || trampled under foot by disunionists of either very moment their State governments could by || the gentleman where the President gets the the South or the North. the people be putin full operation, because those power to require those States to change the Sir, I believe that the principles which AnState governments had been merely suspended | republican forms of government which they drew Johnson is so nobly defending will be by virtue of the illegality of action of the south- || already had.

successfully vindicated, and that, notwithstandern people, which never could destroy the exist Mr. ROGERS. I say he did not require ing the denunciation and the calumny to which ence of those States as States of the Union them to change their republican forms of gov. he is at this hour subjected, his memory will be under the original act of admission.

ernment. Neither slavery nor the rebel debt || honorably handed down to future generations, Mr. WILSON, of Iowa. If I understand was any part of their State government; no and posterity will thank him for planting the the gentleman's position, it is, that while the act of the southern people in aid of the confed. | policy of the Government firmly upon those war was going on, before the rebel armies sur eracy was a part of their republican form of || principles which are destined to conduct this rendered, the President might do this thing; government. Therefore, I say that republican nation to a grand and illustrious destiny; and But I wish to ask him whether the rebels had forms of government did exist and were not like Washington, his name will be recorded not surrendered before the President issued his affected by the action of the President. The || in history as the deliverer of thirty million first proclamation for the establishment of a President is not to be called a nsurper of power people from threatened bondage and despotprovisional government in North Carolina, and because he did not allow the people of the South ism, whose record will be read by generations whether all those provisional governments were to continue that which they had established in unborn as a right monument of civil liberty, not established after the surrender, and all aid of the confederacy. All that he did, and all to whose name the great and the good, so those requirements on the part of the President that he wanted to do, was to resuscitate their long as free Governments exist, will do honor. were not subsequent to that time, by which republican forms of government and to give His tomb will be visited and his remains in they were to do certain things, and among full vigor to the voice of the people under death revered as a solemn duty of a grateful others ratify. the constitutional amendment them.

people. May God give him a strength, wisabolishing slavery.

Mr. GRINNELL. Why does not the gen- dom, power, and influence to work out his Mr. ROGERS. Nobody can doubt that a tleman answer the question of my colleague, great mission, and save him from the hand of State government may be operated within the [Mr. Wilson?]

the assassin, that he may be spared to see the military lines by military governors, and it was Mr. ROGERS. I do answer it. I say that Union of our fathers, the grandest and most only as a condition to the laying down of their Andrew Johnson has not acted in conflict with united of any in the world, marching on in arms that the Commander-in-Chief exercised the Constitution. And I say he is not in the defense of the Constitution as the brightest the right under the Constitution to establish a hands of the Democratic party. He never has jewel vouchsafed to man, until the dying gaze republican form of government and lent the appointed a Democrat to office; all his patrou. of his last look upon earth shall be brightened aid of the military power to the people of the age is given to the party that elected him. And by the burning Hame of the Union's cause, insurgent States for them to ratify the act in he is going to fight this battle out in the lines with fanaticism, radicalism, and disunionism such manner as they thought right, and upon of the so-called Union party. And I tell you

dead and gone. such principles of the union of the several that eighteen hundred thousand Democrats Mr. ASHLEY, of Ohio, obtained the floor, States as existed before they attempted to carry will follow him or any other man who holds but yielded to them out of the Union.

out to them the unfolded leaves of the Consti Mr. WILSON, of Iowa, who moved that the Mr. WILSON, of Iowa. I understood the tution and enunciates the doctrines and prin- House adjourn. gentleman from New Jersey to say that as soon ciples upon which the liberties of our country The motion vas agreed to; and thereupon as the rebel armies surrendered, the old State are foundod.

(at five o'clock p. m.) the House adjourned.

2

PETITIONS, ETC.

colonel of the first and one hundred and forty- || Public Lands, and I desire for a single instant The following petitions, &c., were presented under fifth regiments of New York volunteers, pray to call the attention of my honorable friend the rule and referred to the appropriate committece: ing to be reimbursed for expenses incurred by | who is at the head of that committee [Mr.

By the SPEAKER: The petition of B. E. Harrison, of Lagrange, Prince William county, Virginia, asking him in raising those regiments and for com Pomeroy] to it. It does not ask for any addithat United States taxes paid by him may be refunded. pensation for services while in command of the tional grant of land whatever. It asks simply

By Mr. WILLIAMS: The petition of 71 citizens of latter regiment, reported that the petitioner that Congress shall assent to the disposition Butler county, Pennsylvania, for an increase of duty

have leave to withdraw his petition and other which the Legislature of the State of Wisconon foreign wools.

papers from the files of the Senate; which was sin have made of the grants-a disposition IN SENATE. agreed to.

which was made, I think, unanimously by the BILLS INTRODUCED.

Legislature. It takes no more land, but it is Monday, May 7, 1866. Prayer by the Chaplain, Rev. E. H. Gray.

Mr. GRIMES asked, and by unanimous con

a changing of the route in order to avoid the sent obtained, leave to introduce a bill (S. No.

difficulties, if I may so express myself, which The Journal of Friday last was read and approved.

307) authorizing the restoration of Commander | Congress imposed upon the Legislature of Charles Hunter to the Navy; which was read

Wisconsin when they gave them different startSMITHSONIAN REPORT.

twice by its title, and referred to the Committee ing places in the State at which to begin, arrivThe PRESIDENT pro tempore laid before on Naval Affairs.

ing at a single point on Lake Superior. The the Senate a communication from the Secre. Mr. HOWE asked, and by unanimous con

ditficulties growing out of the struggle between tary of the Smithsonian Institution, transmit sent obtained, leave to introduce a bill (S. No.

those local places led to some considerable dis

cussion in the Legislature, and finally, as I ting the annual Report of the Smithsonian Insti; || 308) confirming the title of Alexis Gardapier to tution for the year 1865; which was referred a certain tract of land in the county of Brown, unanimously. It asks no additional land, but

understand it, they agreed upon this resolution to the Committee on Printing, with the follow. and State of Wisconsin; which was read twice ing resolution, submitted by Mr. TRUMBULL: by its title, and referred to the Committee on

it asks a change of the route so as to conform

to the local interests of these places. I hope Resolved, That five thousand extra copies of the Private Land Claims. Report of the Smithsonian Institution be printed; two He also asked, and by unanimous consent

my honorable friend from Kansas, in taking thousand for the Institution, and three thousand for

up the resolution in his committee, will let us the use of the Senate; and that the said report be obtained, leave to introduce a bill (S. No. 309)

hear from it at an early day. stereotyped. to authorize Samuel Stevens, a Stockbridge

Mr. POMEROY. The Committee on PubPETITIONS AND MEMORIALS.

Indian, to enter and purchase a certain tract Mr. RAMSEY presented the petition of Benof land in the Stockbridge reserve in Wiscon

lic Lands will be glad to hear the Senator from

Wisconsin at any meeting of the committee. jamin Franklin, sate a private in company H, || sin; which was read twice by its title, and

We meet on Thursday, and I hope the Senasecond Minnesota cavalry, who lost both hands | referred to the Committee on Public Lands.

tor will come and see us. and both feet while absent from his regiment

CLAIMS ON NEVADA.

The PRESIDENT pro tempore. The joint on a furlough, praying for a pension; which was referred to the Committee on Pensions.

Mr. STEWART asked, and by unanimous

resolution will be referred to the Committee Mr. HOWE presented two petitions of citiconsent obtained, leave to introduce a joint

on Public Lands, if there be no objection. zens of Wisconsin, praying for an appropriaresolution (S. R. No. 84) authorizing the pay

Mr. DOOLITTLE subsequently said: At tion for the improvement of the harbor at the ment of certain claims against the late Terri

the suggestion of the honorable Senator from mouth of Fox river, in that State; which were tory of Nevada ; which was read a first time by

Kansas, the chairman of the Committee on referred to the Committee on Commerce. its title, and passed to a second reading;

Public Lands, I ask that the joint resolution Mr. FESSENDEN presented a petition of

Mr. STEWART. I ask for the reading of

introduced by me in relation to the land grants two hundred and sixty-four glass-blowers, and the resolution at length and for its present

to Wisconsin, and which was referred to that others, employed in the glass manufacturing consideration. I will state that in the settle

committee, be ordered to be printed. business in the third congressional district of ment of the accounts of the Territory of Ne

The PRESIDENT pro tempore. The order Pennsylvania, praying for an increased tariff vada there was a surplus in the legislative fund

to print will be entered if there be no objec

tion. on imported glassware to protect their labor

and a small deficiency in the fund for the payand prevent the serious injury to and suspension

ment of the expenses of the executive departof their business threatened by the large orders

ment of the Territory. This resolution was Mr. SHERMAN. I offer the following resfor foreign glassware being filled under the

drawn up in the Treasury Department, and solution, and ask for its present consideration: present insufficient tariff; which was referred simply provides for the transfer of a sufficient

Resolved, that there be printed for the use of the to the Committee on Finance.

amount of the surplus in the legislative fund Senirte three thousand copies of the recent decision to settle the accounts for the executive depart

of the Supreme Court of the United States, with the Mr. CLARK presented the petition of Lou

opinions of the several judges, on the taxation of isa Baird, praying for compensation for her

ment. I presume it will be unnecessary to refer national banks by State authority. interest in the steamboat Sovereign, which she the resolution to any committee.

There being no objection, the Senate proalleges was seized and sold at Cairo, Illinois,

The Secretary read the joint resolution. To

ceeded to consider the resolution. under a decree of confiscation of the United

enable the Secretary of the Treasury to settle * Mr. SHERMAN. It is unusual for the States district court for that district; which and pay outstanding claims chargeable to the

Senate to print decisions of the Supreme Court; was referred to the Committee on Claims.

contingent expenses of the executive depart- || but there are a multitude of cases pending, Mr. JOHNSON presented the petition of

ment of the Territory of Nevada it proposes to growing out of the taxation of United States N. S. Davis, and nineteen other medical gentransfer so much of the unexpended balance of

securities, by or under State authority, and I tlemen, representing themselves to be a com

appropriation for compensation and mileage of have had a great number of applications for mittee appointed by the American Medical

members of the Legislative Assembly, &c., of this decision, in order to govern the action in Association, recently in session in Baltimore,

the Territory of Nevada as may be found neces other cases. praying that the medical and surgical history of the late war, prepared in the

office of the

contingent expenses of the Surgeon General of the United States Army,

department of the Territory; and the proper Mr. SHERMAN. It is published by the as a work of great use to the public and to the

accounting officers of the Treasury are directed reporter; but the fund is limited, and the nummedical profession, be printed by the Governout of the balance thus transferred to pay the

ber published by him is exhausted. I have ment; which was referred to the Committee claims as adjusted and allowed.

here what he tells me is the last copy. I on Printing

The PRESIDENT pro tempore. The Sen should like to have this resolution adopted, so Mr. WILSON presented the petition of Bre

ator from Nevada asks for the present consid that we may have it in this form. vet Brigadier General S. D. Sturgis and other eration of this joint resolution.

The resolution was adopted.

Mr. FESSENDEN. I think it had better officers of the United States Army stationed in

APPROVAL OF BILLS.
Texas, stating that they understand the act

go over, so that we may see it in print.
Mr. STEWART. As there seems to be some

A message from the President of the United authorizing an increase in the commutation of officers' rations expired on the 1st of May, 1866,

objection to it, I ask that it lie on the table, States, by Mr. Cooper, his Secretary, announced and praying for its renewal; which was reand I will call it up in the morning.

that the President had approved and signed, on ferred to the Committee on Military Affairs and

The PRESIDENT pro tempore. The joint

the 3d instant, the following joint resolutions: the Militia. resolution lies over under the rule.

A joint resolution (S. R. No. 34) expressive On motion of Mr. FESSENDEN, it was

Subsequently, on the motion of Mr. STEWART, of the gratitude of the nation to the oficers, Ordered, That Miles Devine have leave to withthe joint resolution was referred to the Com.

soldiers, and seamen of the United States; and draw his petition and other papers from the files of mittee on Finance.

A joint resolution (S. R. No. 75) making the Senate.

appropriations for the expenses of collecting

RAILROADS IN WISCONSIN. On motion of Mr. CLARK, it was

the revenue from customs. Ordered, That John Egenolf have leave to with

Mr. DOOLITTLE asked, and by unani And also that the President had approved draw from the files of the Senate a certain bond which mous consent obtained, leave to introduce a and signed, on the 5th instant, the following accompanied his claim upon which an adverse report joint resolution (S. R. No. 85) explanatory of, acts: was made and to which report the Senate agreed, on the 4th instant.

and in addition to, the act of May 5, 1864, An act (S. No. 26) to encourage telegraphic

entitled "An act granting lands to aid in the communication between the United States and REPORTS OF COMMITTEES.

construction of certain railroads in Wiscon the island of Cuba and the other West India Mr. WILSON, from the Committee on Mil sin ;' which was read twice by its title.

islands, and the Bahamas ; and itary Affairs and the Militia, to whom was Mr. DOOLITTLE. I move that this joint An act (S. No. 155) concerning the boundreferred the petition of William H. Allen, late resolution be referred to the Committee on aries of the State of Nevada.

TAXATION OF NATIONAL BANKS.

sary for the purpose to the credit ffitb e food for Mr. JOHNSON. Is it not published by the

MESSAGE FROM THE HOUSE.

PATENT OFFICE REPORT.

sideration of the joint resolution be postponed balf as accurate or satisfactory in regard to my Mr. ANTHONY. A few days ago I reported until to-morrow.

State as the adjutant general's report of that from the Committee on Printing a resolution

The motion was agreed to.

State. I suppose other States are doing the to reduce the number of copies of the mechan

VOLUNTEER ARMY REGISTER.

same thing. If this be so, where is the neces. ical Patent Office Report, which was laid over On motion of Mr. WILSON, the joint reso

sity of duplicating these reports? I suppose at the suggestion of the Senator from New

these volumes will cost one or two hundred lution (S. R. No. 83) respecting the publication thousand dollars before we are done with them. Hampshire, [Mr. Clark,) and if he has no

of the Volunteer Army Register was read the objection I should like to have the resolution

Mr. WILSON. Two hundred and forty thoudisposed of now. second time, and considered as in Committee

sand or two hundred and fifty thousand dollars of the Whole. The motion was agreed to; and the Senate

on the original plan. resumed the consideration of the following

It proposes to require the Secretary of War

Mr. GRIMES. I apprehend the Senator's to cause to be canceled the volumes of the resolution :

own State has an adjutant general's report. Roster of volunteers already printed, and to Resolved, That the number of copies heretofore | provide that the Roster compiled as directed

Mr. WILSON. Certainly; and I consider ordered of the Reports of the Patent Offico for the years 1863 and 1064 be reduced from ten thousand of by the joint resolution approved March 2, 1865,

it very perfect.

Mr. GRIMES. We have one in my State each to four thousand of each. be published in accordance with a plan sub

which is very accurate, and I presume every The resolution was agreed to.

mitted by the Superintendent of Public Printing.
Mr. WILSON. The object of this joint res-

State has or will have; hence where is the

necessity for duplication? olution is to have a correct publication, and to Mr. WILSON. I will state to the Senator A message from the House of Representa have it at a greatly reduced cost. A joint res from Iowa that in 1864 a joint resolution was tives, by Mr. McPherson, its Clerk, announced olution was passed the object of which was to that the House of Representatives had agreed

passed providing for the publication of a full have a correct roll of the officers of volunteers. to the resolution of the Senate instructing the The first volume has been published, covering with the regular Army Register. This was not

Army Volunteer Register to be in connection standing Committees of the two Houses on the New England States. I have examined it complied with, however; and on the 2d of Public Buildings and Grounds to make inquiry | with care, and I do not believe there is a single || March, 1865, another joint resolution was passed concerning the further accommodation of the page of it without an error; whole regiments State Department. are left out; names of officers are left out, and Register." It provided

to provide for the publication of a full Army The message further announced that the others misspelled, and misstatements made as

"That the Secretary of War be, and he is hereby, House of Representatives had passed, without | regard to them. As a publication it is utterly authorized and required to cause to be printed and amendment, the bill (S. No. 90) enlarging the worthless, and worse than worthless.

published a full roster or roll of all general, field, powers of the levy court of the county of Wash This proposition is to cancel that publica

linc, and staff officers of volunteers who have been ington, in the District of Columbia. tion, and to adopt a plan that will, instead of

in the Arny of the United States at any time sinco

the beginning of the present rebellion, including all The message also announced that the House baving eight volumes, get it into three or four, informal organizations which have been reorganized of Representatives had passed the following || less than half the space now occupied, and to

or accepted and paid by the United States, showing

whether they are yet in service, or have been disbills, in which it requested the concurrence of have it correct. There is no difficulty in hav

charged therefrom, and giving casunlties and other the Senate:

ing a correct Register. It simply requires in explanations proper for such register. And to deA bill (H. R. No. 3) to revive the grade of || telligence and careful examination; and unless | fray in whole or in part the expenses of this publicageneral in the United States Army;

it be correct it is of no account. This propo such enlarged Registershall be published and may be A bill (H. R. No. 352) to incorporate the sition is to cancel the volume already published, sold to officors, soldiers, or citizens, at a price which National Theological Institute; and to commence anew on a plan prepared by

shall not more than cover the actual cost of paper,

printing, and binding, and shall not in any case exA bill (H. R. No. 388) to authorize the the Superintendent of Public Printing; and ceed one dollar per volume." extension, construction, and use of a lateral think that if this be adopted, it can be done at

Under this resolution the first volume has branch of the Baltimore and Potomac railroad | less than half the expense now about to be

been prepared, which includes the New Eng. into and within the District of Columbia ; incurred. It is a proposition to get a correct land States. I have examined it, and find that

A bill (H. R. No. 482) to incorporate the list at less than half the expense for which we several of the regiments are left out altogether, Howard İnstitute and Home, of the District of are to have this incorrect one, and therefore I

and in regard to other regiments there are Columbia ; and hope it will be adopted.

many errors. I examined the list of three MasA bill (H. R. No. 510) to incorporate the Mr. ANTHONY. I quite agree in the

sachusetts regiments and found several mistakes Academy of Music of Washington city. remarks that the Senator from Massachusetts

in each, and I have no doubt that there is hardly ENROLLED BILL SIGNED.

has made; but I should like to inquire of him a page in the volume which can be relied upon.

if the resolution provides for another defect Mr. FESSENDEN. How inuch has that The message further announced that the

which I noticed in that Register. In regard to volume cost? Speaker of the House of Representatives had

a large number of the regiments, I should Mr. ANTHONY. A dollar a volume for each signed an enrolled joint resolution (S. R. No. think half of them, there was this note, “ The

copy; it will take four volumes. 80) extending the time for the completion of the Union Pacific railway, eastern division; and engagements in which this regiment has borne

Mr. WILSON. I understand that it will take an honorable part have not been made known eight dollars. We sell it for a dollar a volume, it was thereupon signed by the President pro

in general orders,'' although some of the regi but it will cost more than that. The volume tempore.

ments were disbanded two or three years ago. cannot be got up for anything like a dollar. PAY OF ARMY OFFICERS. I do not see why it is necessary that the battleg

Mr. FESSENDEN.

What is the gross Mr. NESMITH. I move that the Senate in which the regiments have borne part should amount of expenditure? proceed to the consideration of House joint || be promulgated in general orders before they Mr. WILSON. I do not know precisely what resolution No. 101.

can be put upon the roster; but if it be neces it is. I understand that it costs more to corThe motion was agreed to; and the Senate sary, I should like to know of the chairman

rect the stereotyped plates than it did to make resumed the consideration of the joint resolu of the Committee on Military Affairs when we them originally. If anything is to be done in tion (H. R. No. 101) for the relief of certain may expect those orders to be issued. Some

this matter, the Register should be made corofficers of the Army, the pending question

of those regiments have been out of service rect by examining, not only the records in the being on concurring in the amendments made for three or four years and some of them were offices here, but those in the offices of the as in Committee of the Whole. in a good many battles.

respective States, so that a correct list may be The Secretary read the joint resolution, as Mr. WILSON. Scarcely any of them have || published, in order that we may have the names amended, as follows: been promulgated.

of all the officers who have served in the volunResoloed, dc., That in every case in which a com Mr. ANTHONY. Does this resolution pro. || teer forces of the United States during the war missioned officer actually entered on duty as such vide for that?

in one publication with everything in regard to commissioned officer, but by reason of being killed in battle, capture by the enemy, or other cause be

Mr. WILSON. I think it does not, but the their services, showing whether they were dis, yond his control, and without fault or neglect of his object is to have it published on a correct plan. | missed or discharged or honorably mustered own, was not mustered within a period of not less Mr. ANTHONY. Would it not be better to out, or whether they were killed or wounded. than thirty days from acceptance of appointment or

put in an amendment that the battles in which By having these facts all in one publication, actual entry upon duty, and who was afterward reguJarly in ustered into the service of the United States, they have been engaged should be placed on they can be ascertained for the whole country the pay department shall allow to such officer full the roster?

in any part of the country. It seems to me that pay and emoluments from the date on which such officer actually entered on such duty as aforesaid, de

Mr. GRIMES. I should like to know of the the object, which was what I have just stated, ducting from the amount paid, in accordance with this

chairman of the Committee on Military Affairs was an excellent one; and if it should be corresolution, all pay actually received by such officer for what is the necessity for publishing these large rectly carried out, and at a reasonable expense, sueb period.

and cumbrous volumes. I suppose there is the publication would be of great value to the Mr. WILSON. I desire to have this joint not a State in the Union that has not thorough country. Then in Massachusets we should be resolution lie over, for the purpose of having reports already made embracing the name of able to learn all these facts with regard to the a report made in regard to some questions every person who has enlisted into the Army officers of any State, Iowa included, and the asked at the War Department connected with from that State during the war, and what be same would be the case in every part of the it. I hope the Senator from Oregon will let it came of him, whether he was promoted or not, country. lie over to-day, and I shall endeavor to be ready and whether he came out of the service safe or It was provided that a certain number of to-morrow.

I know that to be the case with my State, copies might be sold at one dollar a volume, Mr. NESMITH. Very well.

and I am thoroughly satisfied that no volume which would defray a part of the expense. A Mr. WILSON. I move that the further con can be compiled here at the capital that will be ll plan has been adopted at the War Department

not.

us.

contrary to the plan recommended by Mr. De these men went up from privates to become tion of the chairman of the Committee on Milifrees. His plan, I think, would bring the whole officers, which is exhibited by the adjutant tary Affairs to another defect in this report, publication within three or four volumes; theirs general's report of my State, showing that a which I think this resolution does not provide will be at least eight, and will involve an ex very large proportion of the men who went against. There is nothing in this resolution that pense of more than two hundred thousand dol into the Army as officers ceased very soon to prevents the new roster from being edited prefars. The expense of his plan, of course, if be such, and that the men who went in the cisely as this is. There should be some prohe brings the work within three volumes, will humblest and lowest positions very soon be. vision for a competent editorial supervision of be but little more than one third of the cost of came the commanders, not only of their com it; and there should also be a provision for a the present plan.

panies, but of their regiments and of their bri record of all the battles in which regiments have What I wish to do is to cancel what has been gades. Such a report as that may be of value, borne an honorable part, whether promulgated done, for it is utterly worthless, and to begin | although if you publish such a one as that, it in general orders or not. But if we merely pass again upon the plan prepared by Mr. Defrees, seems to me it is only cumulative of expense this resolution as it stands, I do not see that which is an economical plan, one under which when the States have already done it. We there is any provision in it for correcting edi. a page will contain as much as two or three have got a report in my State that embraces torial errors. There ought to be some compepages under the present plan, and then to go officers, privates, musicians, everybody con tent officer detailed, and it should be made his on and complete the work. The work ought | nected with the service, showing when he en entire business to correspond with the adjutant to be perfect and complete, or else it is worth tered the service, when he went out, what | generals of the several States and have all the less. The object of this joint resolution is in offices he filled during the time he was in ser records of each State submitted to the State the first place to get a correct Register, and in || vice, what has become of him since, where he || authorities. the next place to get it at about one third of was born, and in what place he enlisted. Such Mr. DOOLITTLE. If the Senator will allow the expense which this incorrect one will cost a report as that is of value. This report will me, I will suggest to the Senator from Massa

It is worse than nothing, because an of be utterly worthless to the public. I hope the chusetts, as he and I are on the Military Comficial publication that is not correct is of no Senator will allow this joint resolution to be mittee, that this resolution be referred to the account to the country; it misleads men rather | recommitted to his committee, and that they Committee on Printing. The Committee on than gives information.

will report a bill repealing the law which au Printing understand this matter better than we Mr. POMEROY. It occurs to me that a thorized this printing to be done.

do, and they now have the ideas of the Sencorrect list had better be taken from the offices Mr. WILSON. I will say to the Senator ator from Massachusetts on the subject. of the adjutant generals of the various States, that I have seen the report of the adjutant gen Dr. ANTHONY. This resolution has never and not try to get it here.

eral's office of his State, and it is a most been before the Committee on Printing; the Mr. WILSON. I'think that if the Senator | admirable one. I wish they had such a one in Committee on Military Affairs have had charge from Kapsas had this work to get out he would every State, and I wish we had one that recorded of it, and I think they had better keep charge consult the officer here and consult the adju. || equally the name of every soldier that served of it. It is rather an extravagant thing, and the tant general's office of each State also, and the Republic; but that would make a great | Committee on Printing never reported anything compare the records, and then he would have

many volumes. The report of Iowa makes extravagant, and we do not want to be respona correct list. I should be very sorry if with three large octavo volumes for seventy thousand sible for it. the means at our command any men of intelli men. Now, sir, here is a list of officers from Mr. WILSON. I move that this joint resogence could not make a perfect list. There is the New England States making three hundred lution be recommitted to the Committee on no difficulty about it; it only requires labor, pages, and if it was put upon a good plan it Military Affairs and the Militia.' I think we thought, care.

could be got into about one hundred or one shall get it into a satisfactory shape. Mr. POMEROY. I supposed each State hundred and twenty-five pages. It will be seen The motion was agreed to. had a perfect list. I know that my State has that there is a great part of it waste paper, and Mr. WILSON asked, and by unanimous been at great expense and has spared no pains | the report is imperfect in itself. What the

consent obtained, leave to introduce a joint in getting a most perfect list for the State and committee desired in this matter was to stop

resolution (S. R. No. 86) to provide for the I supposed all the States had done the same. this imperfect report and this enormous exIt occured to me that if the resolution was to pense. "If the Senate desire to stop the pub. || lion; which was read twice by its title, and

publication of the official history of the rebel. be passed the list when made out ought to be | lication altogether they can do so; but I think referred to the Committee on Military Affairs made up from the returns in the adjutant gen

we had better publish the work. We can pub: || and the Militia. eral's office of each State rather than by exam lish it in three good, fair-sized volumes, and

HOUSE BILLS REFERRED. ining the rolls here. That would save a great have a perfect list of all the officers, and the part of the labor of getting it up at any rate. casualties, and all the incidents connected with The following bills from the House of Rep. Mr. GRIMES. I am satisfied that such a

the war.

We cannot afford to sell it for one resentatives were severally read twice by their report as the Senator from Massachusetts de. dollar a volume as is proposed here; but we

titles and referred as indicated below: sires to have published by the authoi ty of Con- could furnish three volumes containing a list

A bill (H. R. No. 3) to revive the grade of gress, published in an inteiligible form and in of all the officers of the volunteer forces of the general in the United States Army-to the type which gentlemen who have reached that United States, to be placed in every library of

Committee on Military Affairsand the Militia. period of life which he and I are now entering the country, and it would certainly, in my judg.

A bill (H, R. No. 352) to incorporate the upon can read, will embrace not less than twen ment, be a work of great value. If we could National Theological Institute-to the Comty-five volumes. I am speaking of that whereof have a list of the two million seren hundred

mittee on the District of Columbia. I know something. The State of Iowa,furnished thousand soldiers who have gone into the ser: A bill (H. R. No. 388) to authorize the about seventy-five thousand troops, and the last vice I should be glad to have it, but that would l extension, construction, and use of a lateral I knew of the report in that State on this sub- ' require the publication of fifty or sixty volumes,

branch of the Baltimore and Potomac railroad ject, which was printed in a reasonable sized at enormous expense, and would necessarily

into and within the District of Columbia-to type, it embraced two volumes quite as large take n great deal of time. This report will

the Committee on the District of Columbia. as this, [exhibiting an octavo volume,) and I take time, and ought to take time. We need A bill (H. R. No. 482) to incorporate the think there is another one about to be published. not hurry about it. What we want is to have Howard Institute and Home, of the District of Mr. KIRKWOOD. That included, however, a correct list. Mr. Defrees made a plan by

Columbia-to the Committee on the District a list of the privates as well as the officers. which this report of three hundred pages, if

of Columbia. Mr. GRIMES. Exactly. his plan had been agreed upon, would have

A bill (H. R. No. 510) to incorporate the Mr. KIRKWOOD. I have one of those been reduced down to one hundred and twenty- || Academy of Music of Washington city-to the reports which contains the name of every man five pages, and the arrangement was far better Committee on the District of Columbia. in our State that went into the service, officer and more intelligible than the present one. As

MESSAGE FROM THE HOUSE. or private.

it is now it is worthless, and I hope that no Mr. GRIMES. That is, I suppose, what we more expenditures will be incurred in publish | tives, by Mr. McPherson, its Clerk, announced

A message from the House of Representaare going to publish here. Why do we wanting this volume. I believe we had better adopt that the House of Representatives had passed to publish the name of a second lieutenant and this resolution, and let the work go on at a

the following bill and joint resolution, in which not publish the name of an orderly sergeant? | reduced rate, but if Senators are not ready to Mr. KIRKWOOD. This provides for the

it requested the concurrence of the Senate: act upon it now I will let it go over. officers only:

Mr. GRIMES. Recommit it.

A bill (H. R. No. 563) to regulate the time Mr. GRIMES. What is the purpose of this Mr. ANTHONY. I should like to have it

and fix the place for holding the circuit court

of the United States in the district of Virginia, thing? It is to give some data to govern our recommitted.

and for other purposes; and officers in the future. If it is to result in any Mr. SHERMAN. If this matter is to go

A joint resolution (H. R. No. 137) to prothing of real advantage to the Government it over I should like to call up the motion to

vide for the exemption of crude petroleum from must be something tangible that can be relied reconsider the amendment to the Post Office

internal tax or duty, and for other purposes. upon in the future as to not only the num appropriation bill. ber of men that went into the service, but Mr. WILSON. I move to recommit the res

ENROLLED BILLS SIGNED, the identity of the men in question, growing olution to the Committee on Military Affairs, The message also announced that the Speaker out of pensions, &c. I would not give a straw and we will reconsider it; and I ask that in the of the House of Representatives had signed for a mere roster of the officers. That indi.

mean time the report in this case be examined the following enrolled bills and joint resolution ; cates nothing. It was not the officers that by the Senate. They will see that this work which were thereupon signed by the President fought our battles and won our victories for ought certainly not to go on.

pro tempore: us. I would like to see the gradations by which Mr, ANTHONY. I wish to call the atten A bill (S. No. 90) enlarging the powers of

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the levy court of the county of Washington, fined to vacancies that happen during the different rule, and change the whole action of in the District of Columbia ; recess of the Senate.

the Government in this respect, does it behoove A bill (H. R. No. 214) for the benefit of Col. But the amendment has a scope and mean us to do it in the indirect and sinister way this onel R. E. Bryant;

ing far beyond this. The power of the Presi. ainendment proposes? A bill (H. K. No. 238)to amend an act enti. dent to fill all vacancies that happen during the I have asked if that was the design, to deny tled "An act relating to habeas corpus

and

reg: recess of the Senate is not denied. But this to the President the power to remove, why not ulating judicial proceedings in certain cases, amendment declares that unless the vacancies declare so, and make the needful and proper approved March 3, 1863 ;

happen in a particular way, the person ap- | legislation on the subject, and I have been told A bill (H. R. No. 347) for the relief of R. pointed shall receive no salary or compensation that we could not pass such a law. Why not, L. B. Clarke ; until confirmed by the Senate.

let me ask? It must be, I suppose, because a A bill (H. R. No. 473) to extend the juris I have not exainined or considered whether majority of this body, or of both Houses, do diction of the Court of Claims; and

the exceptions cover every possible occasion not believe in the principle. If that be so, is A joint resolution (H. R. No. 107) for the

of vacancy which can occur, except removals it exactly open and honest dealing to undertake relief of Rev. IIarrison Heermance, late chap for other reasons than for misconduct or mal to bolster up this amendment by affecting to lain of the one hundred and twenty-eighth feasance in oflice.

believe the President transcends his power by regiment New York volunteers.

This is the class of cases which the amend- | making such removals and new appointments? POST OFFICE APPROPRIATION BILL,

ment is designed to reach, and I think its dis I must be allowed to say that it is a mode of Mr. HOWARD. I move to take up Senate tinguished mover will not deny that the main accomplishing a purpose that does not combill No. 109, relating to the Sioux City branch

object and purpose of the amendment is to mend itself to me.

declare that if the President makes removals But notwithstanding the argument in sup. of the Pacific railroad.

from office for mere political reasons, and thus port of the amendment has been mainly that Mr. SHERMAN. It is hardly worth while

causes vacancies during the recess of the Sen such political changes were beyond the legal to take that biil up. At one o'clock there is a

ate, the persons he appoints to fill them shall special order, and it is now one minute to one

receive no payment for their services in office amendment upon its face concedes it, and pro

until coniirmed by the Senate. In such cases vides that those appointed to fill vacancies Mr. HOWARD. What is the special order?

the real question is not on the power of the caused by removals for misconduct in office Mr. SHERMAN. The motion to reconsider

President to fill a vacancy, but as to his power the amendment to the Post Office appropria

shall be excepted from this prohibition of pay. to thus make a vacancy. This brings up the ment. It cannot be said that he has the power tion bill, and it ought to be disposed of. I do

old question of the power of the President to of removal for one cause, and has not for not think it will take long to dispose of it. Mr. HOWARD. Very well; I withdraw my appointment the advice and consent of the remove from office persons to whose original | another. If by the Constitution he has the

power of removal at all, of necessity he must be motion.

Senate was necessary. The PRESIDENT pro tempore. The morn

the sole and exclusive judge of the cause and

The Senator from Missouri, (Mr. Hender necessity of removal. The validity or legality ing hour having expired, it becomes the duty

sox,] with his usual straightforwardness and of the appointment of the officer appointed to of the Chair to call up the unfinished business

frankness, boldly avows that in his judgment ||fill such a vacancy could not be inquired into by of Friday. Mr. SÉERMAN. I move that the unfinished

the President's power of removal in such cases going back to inquire for what cause his prede

is commensurate only with his power of ap cessor was removed. In the exhaustive disbusiness and all prior orders be postponed, and that the Senate now proceed to the considera- | pointment; and that the consent of the Senate cussions which this subject received from the

is as necessary to the removal as to the appoint- | eminent statesmen of the early days of the Gov. tion of the Post Office appropriation bill. The ment. The able and learned argument of the ernment, it was never suggested but that the unfinished business, I believe, is the railroad

Senator went far toward convincing me that if President was the only judge of the cause of bill.

the question could now be considered an open removal, if he possessed the power in any case. The motion was agreed to; and the Senate

one, that was the true construction of the Con This amendment virtually broaches a wholly resumed the consideration of the bill (H. R. stitution.

new doctrine. It concedes the power of reNo. 280) making appropriations for the service

The Senator from Maine (Mr. FesSENDEN) moval by the President, but assumes that we of the Post Office Department during the fiscal

declared his willingness to support the amend may go back behind that, and inquire into the year ending the 30th of June, 1867, and for

ment, except for the clause requiring the cause reasons, for the purpose of determining whether other purposes, the pending question being on the motion of Mr. Poland to reconsider the

of removal to be reported to the Senate; but the new appointee shall have pay. It is cer:

he admitted the power of the President under | tainly an anomaly that a man may legally fill vote by which the Senate adopted the following the Constitution to make removals without the and perform the duties of an oflice, but his amendment offered by Mr. TRUMBULL:

consent of the Senate. In urging the necessity right to compensation shall depend upon the And be it further enacted, That no person exercising

of the amendment, however, he dwelt wholly reasons that influenced the appointing power. or performing, or undertaking to exercise or perform, the duties of any oflice which by law is required to upon the abuse of the appointing power, by | in making the appointment. be filled by the advice and consent of the Senate making appointments after the adjournment The last contest on this subject of the Presishall, before confirmation by the Senato, receive any

of the Senate, which might have been made | dent's power of removal was during President salary or compensation for his services unless such person be cominissioned by the President to fill up

and submitted to the Senate while in session. || Jackson's administration, and the great Whig a vacancy which has happened during the recess of I should be doing that Senator great injustice leaders of that day m a powerful effort to the Senate, and since its last adjournment, by death, resignation, expiration of term, or removal for acts

to suppose that he did not fully understand bring the Government back to what they claimed done or omitted in violation of the duties of his

that the matter aimed at was altogether a dif was the true construction of the Constitution, office; the cause, in case of removal, to be reported ferent and broader one. Other Senators have and deny the President the power of removal. to the Senate at its next session.

fought shy upon this question, and have argued | But they did not succeed, and all parties have Mr. POLAND. I voted for the amendment in favor of the amendment, not exactly deny. || acted without question since upon the other to this bill, and for the bill itself, with great | ing the power of removal, but under protesta- | theory. But it seems not to have occurred to hesitation, and with the design, if I could not tion, as a special pleader would say, that they those eminent statesinen that though the Pres. become better satisfied with it, to move to have do not admit it." They have said, conceding | ident could legally remove officers and fill their it reconsidered. Subsequent reflection satis that he has the power of removal, we have the places with other persons, that they could make fied me that the amendment ought not to be power to say whether his new appointees shall it a barren honor by depriving the holders of adopted, and I therefore made the motion to receive the salaries and compensations pro all compensation. It has been reserved for this reconsider.

vided by law for those holding the offices. So financial generation to discover this new mode The amendment proposed by the Senator we have the power to refuse any appropriations of curing either a defect in the Constitution or from Illinois to this bill is very general and to pay the salary of the President, or to carry a wrongful interpretation of it. To me, the comprehensive in its terms, and denies any on any and every department of the Govern idea is strange a:id monstrous that a man who payment of salary or compensation to officers ment, and thus destroy it. Although we may legally holds an office, and properly performs appointed by the President before confirmation have such power, it is one which can only be its duties, should not be paid because the reaby the Senate, unless appointed to fill vacan justified in use in the last resort, to prevent sons for his appointment were politically unsatcies happening during the recess of the Sen usurpation or the destruction of the liberties || isfactory. I believe such a position to be ate by death, resignation, expiration of term, of the people.

wholly indefensible; wrong in principle; one or removal for official misconduct.

But if we believe that the President has not upon which no party can stand. In offering It is said that one of the mischiefs which the legal and constitutional power of removal, the motion to reconsider the vote passing this this amendment is designed to prevent is the why not say so directly? If we are prepared bill, I happened to say that such a doctrine filling of vacancies which exist while the Sen to adopt the doctrine of the Senator from Mis. seemed to me to be almost revolutionary. I ate is in session, and where there is an oppor souri, why not do it in as open and manly a way have since learned that a radical Union has tunity to submit nominations for their advice as he declares it? After a uniform exercise of no right to use that word, that it belongs and consent, and this is omitted, or the nomi the power by every Administration since the wholly to persons and papers of opposite politnation is rejected by the Senate, and the same formation of the Constitution, to some extent, ical proclivities. I therefore take leave to person reappointed after the Senate adjourns. although for a considerable time doubted and withdraw the word. If the amendment went no further than this I questioned, and after at least thirty years of What is the real purpose and object of this could very cheerfully support it, for the lan undoubted and unquestioned use, by a sweep amendment? I suppose we may as well speak guage of the Constitution is clear that the ing change of political appointments, with every of things as they exist and as we all know them President's power of appointment without political change of administration, and by both || to be, as to pretend to be thinking and talking the advice and consent of the Senate is con political parties, if we design now to declare a of something else.

39Th Cong. Ist SESS. ---No. 152.

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