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shall have passed over them, if it pleases God
his country? But one answer can be given.
The second section of the amendment sim- || ply provides for the equalization of representation among all the States of the Union, North, South, East, and West. It makes no discrimination. New York has a colored population of fifty thousand. By this section, if that great State discriminates against her colored population as to the elective franchise, (except in cases of crime,) she loses to that extent her representative power in Congress. So also will it be with every other State.
Upon the third section of the amendment gentlemen are divided upon this side of the House as well as upon the other. It is a provision that until the year 1870 all persons who voluntarily adhered to the late insurrection, giving it aid and comfort, shall be excluded from the right to vote for Representatives in Congress or for electors for President or Vice President of the United States. This section imposes no other or further disability.
be evidenced only by the certificate of the State officials, under its great seal, which imports absolute verity. How could Congress say the appointment was not the act of the State against the certificate and seal of the State?
The remarks of some gentlemen to the effect that under the Constitution we could enforce the first clause of the section by inquiring into the election of members of the House or of the Senate, do not apply to the last clause, because the express language of the Constitution is that "each House shall be the judge of the elections and returns" as well as the "qualifications of its own members." There is no like both Houses in joint convention may inquire into the appointment of electors; therefore the second clause of the third section of the amendment is useless.
The question upon the third section, and the only question, is, what do we gain by putting it in the constitutional amendment? If thereby we endanger the adoption of the amendment in the Senate, or its final ratification by the requisite number of States, we should omit it. It has been said that the third section is incapable of execution if adopted. I beg leave to say to the House that in my opinion an amendment that is not to be executed to the full, and which is incapable of full execution, ought not to be put into the Constitution. My honorable colleague from the Co-grant in the Constitution that each House or lumbus district, [Mr. SHELLABARGER,] in my judgment, suggested, in the few remarks which he made yesterday, the only method by which the Government of the United States can enforce the first clause of that section, and that is by making a registry law for conresentatives to Congress all over the country, and appointing election officers to conduct the same. The first clause only of the third section can in that way be executed; but is there anybody here who proposes to send Federal election officers into Massachusetts or New York to control the elections of Representatives to Congress? The amendment, sir, is of universal application, and if adopted, it is to be enforced in every State in the Union. There are voters within the operation of this section in every State. I have no objection to their disfranchisement, but are you going to enforce the provision if adopted? If not, why retain it? Is it to be retained simply to furnish demagogues a pretext for raising the howl that we exclude rebels for four years only that we may control the next presidential election? Honest, intelligent, and reflecting men will scout such a suggestion, but the calculating and the careless or thoughtless may accept and act upon it to the hurt, the lasting hurt, of the sacred cause this day in your hands. How, I ask, can the last clause of this third section be enforced?
That clause of the section excludes until 1870 all rebels from voting for electors for President and Vice President of the United States.
It seems to me, Mr. Speaker, that this section can bring no strength to the amendment, although I fully agree with the honorable gentleman from Massachusetts [Mr. BANKS] in the words which he so fitly uttered, it is within the I venture to say that by the very letter and authority of the people of the United States to intendment of the Constitution of our country, disfranchise these parties. But, sir, I submit the great seal of a State, duly organized and to the honorable gentleman, and I submit to the exercising its functions within this Union touchHouse, that if we have the power by a mere acting the appointment of electors for President of Congress, (as is conceded by the committee,) to take from rebels the franchise of office under the Government of the United States for life, as is provided in the bill reported by the committee, we can as well take from them until 1870, by an act of Congress, the right to vote for Representatives in Congress or for presidential electors, as is provided in the third section of this amendment.
Mr. STEVENS. And have it vetoed. Mr. BINGHAM. My friend from Pennsylvania says, "and have it vetoed." I am not fearful of any veto at the other end of the ave
I believe no veto can defeat the final passage of either of the measures reported to the House, nor can a veto defeat the final triumph of this constitutional amendment before the people. The success of the amendment here depends upon no veto. It does not go to the President for his sanction. Touching, however, the other question, the veto of the bill, even with the provision of the third section added to it, I do not believe for a moment, that the President will veto it, and for the reasons suggested, which I have not time to enumerate now, by the gentleman from Massachusetts in the citations he made from the President's
's proclamation of the 29th of May last and the just deductions he drew therefrom.. I can vote for the amendment with the third section in as readily as without it. It raises no question of power; it imposes no unjust disability. It involves a question of policy, not of power. The sovereignty of the nation can unquestionably disfranchise the persons referred to, not only until 1870, but until seventy times seventy
and Vice President of the United States, is
If the State and the electors' certificates
I venture to say that clause is useless unless, indeed, by implication Congress is to declare the express text of the Constitution as I have cited it repealed by the proposed amendment when adopted, and that by virtue of it Congress will prescribe by law the mode and manner of appointing electors for President and Vice President of the United States, in the face of the existing provision of the Constitution that "each State shall appoint the electors in such manner as the Legislature thereof may direct." Who will say, if this amendment is adopted, that the State Legislatures may not direct the manner and each State appoint electors? To what, then, are we reduced? This amendment does not disqualify any rebel or aider of the rebellion from voting at all the State elections for all State officers, nor does it disqualify them from being appointed presidential electors. It amounts, therefore, to this: though it be adopted, and made part of the Constitution, yet all persons "who voluntarily adhered to the late insurrection, giving it aid and comfort," may vote at all the State elections for State officers, and, being largely in the majority in every insurrectionary State, may elect the State Legislature, which may appoint electors for President and Vice President of the United States, and from aught in the amendment may appoint rebels as such electors.
It seems to me, sir, that it must by this time be apparent to members of the House that this clause of the amendment is never to be executed until that part of the text of your Constitution is stricken out; or in other words, that it will require another amendment to the Constitution to enforce this clause if adopted.
I trust, therefore, that when the vote comes to be taken on the pending motion to strike out which is offered by way of instruction to the motion to recommit, it will be adopted, and that afterward the House will, if it deems it important, put such a provision as to the election of Representatives to Congress as it has the lawful right to do in the bill of disfranchisement.
Mr. Speaker, there is another section which simply prohibits the United States or any State of this Union from ever assuming or paying any part of the rebel debt or making compensation for emancipated slaves. I do not believe that there is a man on this floor who can answer to his constituency for withholding his vote from that proposition. It involves the future fidelity of the nation. It is a declaration in solemn form, if accepted by the people, that the resources of this great country shall be used in the future, not to liquidate debts contracted in aid of rebellion, not to pay for emancipated slaves, but to maintain inviolate the plighted faith of the nation to all the world and especially to its dead and its living defenders.
Mr. Speaker, I trust that this amendment, with or without the third section, will pass this House, I trust that the disfranchisement bill, with or without additions, will pass this House. I trust that the enabling act for the restoration of the States that have been in rebellion will, with amendment, pass this House; so that the day may soon come when Tennessee-loyal Tennessee, loyal in the very heart of the rebellion,
her mountains and plains blasted by the ravages of war and stained with the blood of her faithful children fallen in the great struggle for the maintenance of the Union-having already conformed her constitution and laws to every provision of this amendment, will at once upon its submission by Congress irrevocably ratify it, and be without further delay represented in Congress by her loyal Representatives and Senators, duly elected and duly qualified and ready to take the oath of office prescribed by existing law.
Let that great example be set by Tennessee and it will be worth a hundred thousand votes to the loyal people in the free North. Let this be done and it will be hailed as the harbinger of that day for which all good men pray, when the fallen pillars of the Republic shall be restored without violence or the noise of words or the sound of the hammer, each to its original place in the sacred temple of our national liberties, thereby giving assurance to all the world that for the defense of the Republic it was not in vain that a million and a half of men, the very elect of the earth, rushed to arms; that the Republic still lives, and will live forevermore, the sanctuary of an inviolable justice, the refuge of liberty, and the imperishable monument of the nation's dead, from the humblest soldier who perished on the march, or went down amid the thunder and tempest of the dread conflict, up through all the shining roll of heroes, and patriots, and martyrs, to the incorruptible and immortal Commander-in-Chief, who fell by an assassin's hand in the capital, and thus died that his country might live.
Mr. STEVENS. Mr. Speaker, I rise to conclude the debate, but I will not move the previous question until I finish what I have to say.
I am glad, sir, to see great unanimity among the Union friends in this House on all the provisions of this joint resolution except the third
I am not very much gratified to see any division among our friends on that which I consider the vital proposition of them all. Without that, it amounts to nothing. I do not care the snap of my finger whether it be passed or not if that be stricken out. Before another Congress shall have assembled here, and before this can be carried into full effect, there will be no friends of the Union left on this side of the House to carry it out as
Mr. LE BLOND. Members are crowding the aisles on the other side and the open space in the center of the House so that we can neither see nor hear what is going on.
The SPEAKER. Members must resume their seats.
Mr. STEVENS. I should be sorry to find that that provision was stricken out, because before any portion of this can be put into operation there will be, if not a Herod, a worse than Herod elsewhere to obstruct our actions. That side of the House will be filled with yelling secessionists and hissing copperheads. Give us the third section or give us nothing. Do not balk us with the pretense of an amendment which throws the Union into the hands of the enemy before it becomes consolidated.
Gentlemen say I speak of party. Whenever party is necessary to sustain the Union I say rally to your party and save the Union. I do not hesitate to say at once, that section is there to save or destroy the Union party, is there to save or destroy the Union by the salvation or destruction of the Union party.
The gentleman from Ohio [Mr. BINGHAM] who has just taken his seat thinks it difficult to carry it into execution, and he proposes to put
it into a bill which the President can veto. Will my friend tell me how much easier it is to execute it as a law than as a provision of the Constitution? I say if this amendment prevails you must legislate to carry out many parts of it. You must legislate for the purpose of ascertaining the basis of representation. You must legislate for registry such as they have in Maryland. It will not execute itself, but as soon as it becomes a law, Congress at the next
session will legislate to carry it out both in reference to the presidential and all other elections as we have the right to do. So that objection falls to the ground.
hundred inmates, whom, if he wishes to forgive and enfranchise, he will find at present a little restrained of their rights. They have done nothing but err. There is no blood upon their hands; they have only erred in committing such little acts as arson and larceny. Let him go to one of those corridors and cause it to be opened and they will flock around him, and he will see men who are not half as bloody and have not committed half as many crimes as the rebels whom he wishes to see immedi ately admitted here.
Now, sir, for my part I am willing they shall come in when they are ready. Do not, I pray
Gentlemen tell us it is too strong-too strong for what? Too strong for their stomachs, but not for the people. Some say it is too lenient. It is too lenient for my hard heart. Not only to 1870, but to 18070, every rebel who shed the blood of loyal men should be prevented from exercising any power in this Government. That, even, would be too mild a punishment for them. Gentlemen here have said you must not humble these people. Why not? Do not they deserve humiliation? Do not they deserve deg-you, admit those who have slaughtered half radation? If they do not, who does? What criminal, what felon deserves it more, sir? They have not yet confessed their sins; and He who administers mercy and justice never forgives until the sinner confesses his sins and humbles himself at His footstool. Why should we forgive any more than He?
But we are told that we must take them back as equal brothers at once. I shall not agree they shall come back except as supplicants in sackcloth and ashes. Let them come back and ask forgiveness, and let us then consider how many we will forgive and how many we will exclude. All I regret is, this is not sufficiently stringent.
Sir, they tell us, I hear several gentlemen say, that these men should be admitted as equal brethren. Let not these friends of secession sing to me their siren song of peace and good will until they can stop my ears to the screams and groans of the dying victims at Memphis. I hold in my hand an elaborate account from a man whom I know to be of the highest respectability in the country, every word of which I believe. This account of that foul transaction only reached me last night. It is more horrible in its atrocity, although not to the same extent, than the massacre at Jamaica. Tell me Tennessce or any other State is loyal of whom such things are proved!
I regret that the true men of these States cannot be brought in, but they cannot be brought in with rebel constituency behind them. They would misrepresent their States. Therefore I
can never agree to let them in under the present state of affairs. Let us have probation; let us be sure that something more than mere willingness to come in has been felt by them.
Mr. Speaker, I do not intend to occupy many minutes. I was indeed astonished to find my respected colleague, I will not say so tenderhearted, but so lenient to those toward whom mercy is not rendered necessary, But I know so well his natural kindness of heart and his proximity to that cloquent divine who so lately has slaughtered whole herds of fatted calves, that I cannot be much surprised at it. But, sir, if he is so fond of such associates, let me suggest in all kindness to him that he can find better company nearer home. He lives very near Cherry Hill, where there is a State institution containing several hundred inmates who
Mr. THAYER., Will the gentleman allow me to correct him in his geography? I do not live near Cherry Hill. I live on the top of Chestnut Hill. [Laughter.] And I would like to know the name of the distinguished divine to whom he refers. I cannot recollect any one. Mr. STEVENS. It is the late Henry Ward Beecher. [Laughter].
Mr. THAYER. I understood my colleague to say a neighbor of mine. Mr. Beecher lives about a hundred miles from me.
Mr. STEVENS. Well, that is in the neighborhood in this country, three thousand miles in extent. [Laughter.]
Mr. THAYER. The gentleman himself is about as near and much nearer to him in many things than I am. [Laughter.]
Mr. STEVENS. How near does my friend live to Cherry Hill?
About ten miles.
Mr. THAYER. Mr. STEVENS. Well, let him walk ten miles, instead of going two or three thousand South, and he will find, as I said, three or four
million of our countrymen until their clothes are dried, and until they are reclad. I do not wish to sit side by side with men whose garments smell of the blood of my kindred. Gentlemen seem to forget the scenes that were enacted here years ago. Many of you were not here. But my friend from Ohio [Mr. GARFIELD] ought to have kept up his reading enough to have been familiar with the history of those days, when the men that you propose to admit occupied the other side of the House; when the mighty Toombs, with his shaggy locks, headed a gang who, with shouts of defiance on this floor, rendered this a hell of legislation.
Ah, sir, it was but six years ago when they were here, just before they went out to join the armies of Catiline, just before they left this Hall. Those of you who were here then will remember the scene in which every southern member, encouraged by their allies, came forth in one yelling body, because a speech for freedom was being made here; when weapons were drawn, and Barksdale's bowie-knife gleamed before our eyes. Would you have these en back again so soon to reenact those scenes? Wait until I am gone, I pray you. I want not to go through it again. It will be but a short time for my colleague to wait. I hope he will not put us to that test.
Mr. THAYER. Will the gentleman yield?
Mr. THAYER. This amendment does not affect the eligibility of the people to whom he refers. That portion to which I directed my remarks excludes them from voting; and I wish to ask my colleague in this connection whether he thinks he can build a penitentiary big enough to hold eight million people.
Mr. STEVENS. Yes, sir, a penitentiary which is built at the point of the bayonet down below, and if they undertake to come here we will shoot them. That is the way to take care of these people. They deserve it, at least for a time.
Now, sir, if the gentlemen had remembered the scenes twenty years ago, when no man dared to speak without risking his life, when but a few men did do it--for there were cowards in those days, as there are in these you would not have found them asking to bring these men in, and I only wonder that my friend from Ohio [Mr. BINGHAM] should intimate a desire to bring them here.
Mr. BINGHAM. I beg the gentleman's attention one moment. I have not by one word or vote of mine ever justified him in saying that I consent ever to bring them in.
Mr. STEVENS. Never; but the gentleman wished to strike out a section and kill this amendment, the most popular before the people of any that can be presented.
Mr. BINGHAM. I ask the gentleman to indulge me a moment. The third section does not touch the question of their coming in.
Mr. STEVENS. Then why is it you oppose it? If it is going to hurt nobody, in God's name let it remain. If it is going to hurt anybody, it will be the men that deserve it.
Now, Mr. Speaker, I withdraw my motion to recommit, and move the previous question.
Mr. GARFIELD. In case the previous ques tion is not seconded, will my motion to amend
be in order?
The SPEAKER. A motion to amend will be in order if the previous question is not
The joint resolution was then read the third
Mr. GARFIELD. Then I hope it will be voted down, so that I may move this amend-time, as follows: ment:
All persons who voluntarily adhered to the late insurrection, giving aid and comfort to the so-called southern confederacy, are forever excluded from holding any office of trust or profit under the Government of the United States.
The SPEAKER. The question is on seconding the demand for the previous question. The question being put, there were-ayes 90,
Mr. FARNSWORTH. I demand tellers on seconding the demand for the previous question. Tellers were ordered; and the Speaker appointed Messrs. FARNSWORTH and STEVENS. The House divided; and the tellers reported -ayes 85, noes 57.
So the previous question was seconded. The question recurred on ordering the main question.
Mr. DELANO. I demand the yeas and nays. The yeas and nays were ordered; and the question being taken, it was decided in the affirmative-yeas 84, nays 79, not voting 20; as follows:
YEAS-Messrs. Allison, Ames, Anderson, Banks, Baxter, Bidwell, Boutwell, Bromwell, Broomall, Chanler, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Defrees, Dixon, Driggs, Dumont, Eckley, Eggleston, Eldridge, Eliot, Grider, Grinnell, Aaron Harding, Abner C. Harding, Harris, Hart, Higby, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Demas Hubbard, Ingersoll, Julian, Kelley, Kelso, Kerr, William Lawrence, Le Blond, Loan, Lynch, Marston, McClurg, McCullough, McIndoe, Mercur, Morrill, Moulton, Niblack, O'Neill, Orth, Paine, Patterson, Perham, Pike, Price, John H. Rice, Ritter, Rogers, Rollins, Ross, Rousseau, Sawyer, Schenck, Scofield, Shanklin, Shellabarger, Spalding, Stevens, Francis Thomas, John L. Thomas, Thornton, Trowbridge, Upson, Ward, Elihu B. Washburne, Welker, James F. Wilson, Stephen F. Wilson, Windom, and Woodbridge-84.
NAYS-Messrs. Alley, Ancona, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Barker, Beaman, Benjamin, Bergen, Bingham, Blaine, Blow, Boyer, Buckland, Bundy, Coffroth, Cullom, Darling, Davis, Dawes, Dawson, Delano, Deming, Dodge, Donnelly, Farnsworth, Ferry, Finck, Garfield, Glossbrenner, Goodyear, Griswold, Hayes, Henderson, Chester D. Hubbard, James R. Hubbell, Hulburd, James Humphrey, Jenckes, Kasson, Ketcham, Kuykendall, Laflin, Latham, George V. Lawrence, Longyear, Marshall, McKee, McRuer, Miller, Moorhead, Morris, Myers, Newell, Phelps, Plants, Radford, Samuel J. Randall, William H. Randall, Raymond, Alexander H. Rice, Sitgreaves, Smith, Stilwell, Strouse, Taber, Taylor, Thayer, Trimble, Burt Van Horn, Robert T. Van Horn, Warner, Henry D. Washburn, William B. Washburn, Whaley, Williams, Winfield, and Wright-79.
NOT VOTING-Messrs. Brandegee, Culver, Deni-
So the main question was ordered.
Mr. STROUSE stated that his colleague, Mr. DENISON, had been called away on account of sickness in his family.
The result having been announced as above recorded,
The joint resolution was then ordered to be engrossed and read a third time.
Mr. LE BLOND and Mr. ELDRIDGE demanded the yeas and nays on the passage of the joint resolution.
Mr. RANDALL, of Pennsylvania. I call for the reading of the engrossed joint resolu
The SPEAKER. It is not on the Clerk's table.
Mr. HOOPER, of Massachusetts. I move the House adjourn, and upon that motion I call the yeas and nays.
The yeas and nays were ordered. Mr. RANDALL, of Pennsylvania. I withdraw my call for the reading of the engrossed joint resolution.
Mr. HOOPER, of Massachusetts. Then I withdraw my motion to adjourn.
Mr. FARNSWORTH. I desire to inquire of the Chair if it is in order to move to recommit this joint resolution with instructions to amend.
The SPEAKER. That is not now in order pending the execution of the previous question. The previous question will not be exhausted until the joint resolution has been read the third time.
39TH CONG. 1ST SESS.-No. 160.
A joint resolution proposing an amendment to the
SEC. 1. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
SEC.2. Representatives shall be apportioned among the several States which may be included within this Union according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But whenever in any State the elective franchise shall be denied to any portion of its male citizens not less than twenty-one years of age, or in any way abridged, except for participation in rebellion or other crime, the basis of representation in such State shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens not less than twenty-one years of age.
SEC. 3. Until the 4th day of July, in the year 1870, all persons who voluntarily adhered to the late insurrection, giving it aid and comfort, shall be excluded from the right to vote for Representatives in Congress and for electors for President and Vice President of the United States.
SEC. 4. Neither the United States nor any State shall assume or pay any debt or obligation already incurred, or which may hereafter be incurred, in aid of insurrection or of war against the United States, or any claim for compensation for loss of involuntary service or labor.
SEC. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.
Mr. STEVENS. I call the previous question on the passage of the joint resolution. The previous question was seconded and the main question ordered.
Mr.ELDRIDGE and Mr. LE BLOND called for the yeas and nays on the passage of the joint resolution.
Mr. ASHLEY, of Ohio. Does not the Constitution require that the vote upon the passage of an amendment to the Constitution shall be taken by yeas and nays?
The SPEAKER. The Constitution requires that the vote shall be taken by yeas and nays upon the passage of a measure over a veto. But it only says that the passage of an amendment to the Constitution shall be by a twothirds vote of each House of Congress, but does not say that the vote shall be by yeas and nays.
The yeas and nays were ordered.
The question was taken; and it was decided
YEAS-Messrs. Alley, Allison, Ames, Anderson,
NOT VOTING-Messrs. Brandegee, Culver, Den-
So, two thirds voting in the affirmative, the joint resolution was passed.
When the name of Mr. RAYMOND was called, his response in the affirmative was received with applause on the floor and in the galleries. During the call of the roll the following announcements were made:
Mr. TAYLOR. I desire to announce that my colleague, Mr. JAMES M. HUMPHREY, is paired with another colleague, Mr. POMEROY.
Mr. DEMING. My colleagues, Mr. BRANDEGEE and Mr. HUBBARD, are both absent. If they were present they would both vote for this joint resolution.
Mr. ANCONA. My colleague, Mr. JOHNSON, is still detained from his seat by illness.
Mr. RADFORD. My colleague, Mr. JONES, is absent on account of sickness; if he was here he would vote against this joint resolution.
The announcement of the vote, as above recorded, was received with applause on the floor and in the galleries.
Mr. ELDRIDGE. I rise to a question of order. I want to know if it is understood that rupted by those who come here and occupy the proceedings of this House are to be interthe galleries.
The SPEAKER. The gentleman from Wisconsin [Mr. ELDRIDGE] makes the point of order that expressions of approbation or disapprobation from persons occupying the galleries are not in order. The Chair sustains the point of order. Members upon the floor and spectators in the gallery will observe the rules of the House and maintain order.
Mr. ELDRIDGE. I do not want our proceedings to be interrupted by the "niggerheads in the galleries. [Hisses in the gal leries.]
Mr. STEVENS. Is it in order for members on the floor to disturb those in the galleries? [Laughter.]
The SPEAKER. Members upon the floor should not insult the spectators in the galleries.
Mr. STEVENS. I move to reconsider the vote by which the joint resolution was passed; and also move that the motion to reconsider be laid on the table.
The latter motion was agreed to.
WAGON ROADS IN THE TERRITORIES. The SPEAKER laid before the House a communication from the Secretary of the Interior, in reply to a resolution of the House of the 4th instant, in regard to certain wagon roads in the Territories of Idaho, Montana, Dakota, and Nebraska; which was ordered to be printed, and referred to the Committee on Territories.
CLERKS IN THE NAVY DEPARTMENT.
The SPEAKER also laid before the House a communication from the Secretary of the Navy, in reply to a resolution of the House of the 7th instant, in regard to the number of clerks employed in that Department, in what army they served, &c.; which was laid on the table, and ordered to be printed.
The SPEAKER also laid before the House a communication from the Secretary of the Interior, in response to a resolution of the House of the 23d ultimo, relative to expenditures in the Indian service; which was or dered to be printed, and referred to the Committee on Indian Affairs.
COLORED CITIZENS OF CHICAGO.
The SPEAKER also laid before the House an address to the Congress of the United States from the colored citizens of Chicago, which was ordered to be printed.
Mr. ROSS moved that the address be referred to the joint committee on reconstruction.
The motion was agreed to.
Mr. WASHBURNE, of Illinois. I move that when the House adjourn to-day it be to meet on Monday next. I would say that I
certainly would not make this motion if I thought that by sitting here to-morrow and next day we would facilitate the adjournment of this Congress one single day. But I know the situation of business in the Senate, and the situation of business in this House, and I am satisfied there is no necessity for us to press matters as we have been doing. We have done a pretty good week's work this week, and everybody is tired, and the Doorkeeper wants to-morrow and next day for the purpose of cleaning up this Hall and putting down the matting for the summer.
Mr. ASHLEY, of Ohio. I desire to say to the House that it is impossible that this work of fixing the Hall can be done inside of four days; and, therefore, there is no use in adjourning. If we meet, the committees can be called, and we can make considerable progress with our business.
The question was taken on agreeing to the motion of Mr. WASHBURNE, of Illinois, and there were-ayes 78, noes 68.
Mr. FARNSWORTH called for the yeas and nays.
The yeas and nays were ordered.
The question was taken; and it was decided in the affirmative-yeas 79, nays 68, not voting 36; as follows:
YEAS-Messrs. Allison, Ancona, Anderson, Banks, Beaman, Bidwell, Blow, Boyce, Chanler, Cobb, Coffroth, Conkling, Davis, Dawson, Delano, Deming, Dixon, Dodge, Donnelly, Eldridge, Finck, Garfield, Glossbrenner, Aaron Harding, Abner C. Harding, Harris, Hart, Hayes, Henderson, Holmes, Hotchkiss, Chester D. Hubbard, Demas Hubbard, Hulburd, Kasson, Kerr, Kuykendall, Latham, Le Blond, Longyear, Marshall, Marston, McCullough, MeRuer, Moorhead, Morrill, Moulton, Niblack, Paine, Phelps, Pike, Radford, Samuel J. Randall, Raymond, John H. Rice, Rousseau, Sawyer, Schenck, Scofield, Shanklin, Shellabarger, Smith, Spalding, Stilwell, Strouse, Taylor, Francis Thomas, Trimble, Trowbridge, Upson, Burt Van Horn, Elihu B. Washburne, Whaley, Williams, James F. Wilson, Winfield, Woodbridge, and Wright-79.
NAYS-Messrs. Alley, Ames, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Barker, Baxter, Benjamin, Bergen, Bingham, Blaine, Boutwell, Broomall, Reader W. Clarke, Sidney Clarke, Cullom, Darling, Dawes, Defrees, Driggs, Dumont, Eckley, Eggleston, Eliot, Farnsworth, Ferry, Goodyear, Grider, Grinnell, Griswold, Higby, James R. Hubbell, James Humphrey, Ingersoll, Jenckes, Julian, Kelley,Kelso, Ketcham, Laflin, George V. Lawrence, William Lawrence, Loan, McClurg. McKee, Mercur, Miller, Morris, Myers, Newell, O'Neill, Orth, Patterson,, Perham, Price, Ritter, Rollins, Ross,Sitgreaves.Taber," Thayer, Van Aernam, Ward, Warner, Henry D.Washburn, William B. Washburn, and Windom-68.
NOT VOTING-Messrs. Brandegee, Bromwell, Buckland, Bundy, Cook, Culver, Denison, Farquhar, Hale, Hill, Hogan, Hooper, Asabel W. Hubbard, John H. Hubbard, Edwin N. Hubbell, James M. Humphrey, Johnson, Jones, Lynch, Marvin, McIndoe, Nicholson, Noell, Plants, Pomeroy, William H. Randall, Alexander II. Rice. Rogers, Sloan, Starr, Stevens, John L. Thomas, Thornton, Robert T. Van Horn, Welker, Wentworth, and Stephen F. Wilson-36.
So the motion was agreed to.
MESSAGE FROM THE SENATE.
A message from the Senate, by Mr. FORNEY, its Secretary, announced that the Senate had passed, without amendment, a bill (H. R. No. 567) entitled "An act to amend an act to establish the grade of vice admiral in the United States Navy."
The message also announced that the Senate had passed House bills of the following titles with amendments, in which the concurrence of the House was requested:
An act (H. R. No. 397) to authorize the coinage of five-cent pieces; and
An act (H. R. No. 511) imposing a duty on live animals.
Mr. ROSS asked leave of absence for Mr. THORNTON for one week.
Leave was granted.
TAXES ON IMPORTED SPIRITS.
Mr. DARLING, by unanimous consent, introduced a bill to refund certain taxes upon imported spirits; which was read a first and second time, and referred to the Committee of Ways and Means.
DUTY ON LIVE ANIMALS.
On motion of Mr. MORRILL, the House, by unanimous consent, proceeded to the considcration of Senate amendment to the bill (H. R. No. 511) entitled "An act imposing a duty on live animals."
The amendment of the Senate was read, as follows:
Add at the end of the bill the following: Provided, That any such animals now bona fide owned by resident citizens of the United States, and now in any of the Provinces of British America, may be imported into the United States free of duty until the expiration of ten days next after the passage of this act.
The amendment was concurred in.
Mr. MORRILL moved to reconsider the vote by which the amendment was concurred in; and also moved that the motion to reconsider be laid on the table.
The latter motion was agreed to.
Mr. SPALDING, by unanimous consent, introduced a bill to aid in the construction of telegraphic lines, and to secure to the Government the use of the same for postal, military, and other purposes; which was read a first and second time, and referred to the Committee on the Post Office and Post Roads.
TAX ON TOBACCO AND CIGARS.
Mr. SCHENCK. I ask unanimous consent to present at this time an amendment to the tax bill, relating to tobacco and cigars. I desire that it may be printed, and referred to the Committee of the Whole on the state of the Union, so that it can be taken up in connection with the bill.
The SPEAKER. If there be no objection, it will be so ordered.
There was no objection.
EMPEROR OF RUSSIA.
Mr. BANKS. I move that, by unanimous consent, the Senate amendments to the joint resolution (H. R. No. 133) relative to the attempted assassination of the Emperor of Russia be taken from the Speaker's table and considered at this time.
There was no objection; and the amendments of the Senate were read, as follows: In line five strike out the word "their." Add the following as a new section: SEC. 2. And be it further resolved, That the President of the United States be requested to forward a copy of this resolution to the Emperor of Russia. The amendments were concurred in.
AMENDMENT OF PENSION LAWS,
Mr. BOYER, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to:
Resolved, That the Committee on Invalid Pensions be, and are hereby, requested to inquire into the expediency of so amending the pension laws as to place dependent fathers on the same footing with dependent mothers.
IRRIGATION AND CANAL COMPANY.
Mr. HIGBY. I ask unanimous consent to introduce a bill granting right of way and making a grant of land to the Sierra Nevada and Contra Costa Irrigation and Canal Company, in the State of California.
Mr. WRIGHT. I object.
LAND-GRANT RAILROAD IN OREGON.
On motion of Mr. HENDERSON, Senate bill No. 99, entitled "An act granting land to the State of Oregon to aid in the construction of a military road from Albany, Oregon, to the eastern boundary of said State," was taken from the Speaker's table, read a first and second time, and referred to the Committee on Public
Mr. FARNSWORTH. I ask that by unanimous consent it be understood that no business shall be transacted in the House next Monday, but that immediately on meeting we shall adjourn. To-morrow and Saturday, with Monday, will not more than give the Doorkeeper sufficient time to put the matting upon the floor of the House and complete the other arrangements for the summer occupancy of the Hall. We have agreed to adjourn till Monday, and unless we now allow sufficient time for having this job thoroughly done, we shall very soon have another adjournment of two or three days. I trust there will be no objection to my proposition.
Mr. MILLER. I object.
The SPEAKER. An adjournment of this House under the Constitution cannot be for more than three days except with the concur rence of the Senate. The Speaker will therefore be obliged to take the chair at twelve o'clock next Monday; but if there should be no quorum in attendance those present can of course adjourn until the next day.
J. B. WALKER AND OTHERS.
On motion of Mr. HOOPER, of Massachu setts, by unanimous consent, the Committee on Banking and Currency was discharged from the further consideration of the petition of J. B. Walker, and others, officers of the New Hampshire Savings Bank, in Concord, New Hampshire; and the same was referred to the Committee of Ways and Means.
CLAIMS AGAINST VENEZUELA.
Mr. DRIGGS. A resolution which I offered the other day contained an error, being addressed to the Secretary of State, instead of the President. I ask unanimous consent to offer the following resolution for the purpose of correcting that error:
Resolved, That the President of the United States be respectfully requested, if not incompatible with the public interest, to cause to be furnished to this House a list of the claims of citizens of the United States now pending in the United States legation at Caracas, against the United States of Venezuela, with a brief indication of the causes of complaint and the reasons why payments have not been enforced during a long series of years, and what measures are necessary to bring these long-deferred claims to a speedy settlement.
There being no objection, the resolution was considered and agreed to.
RESOLUTIONS OF CALIFORNIA LEGISLATURE.
Mr. McRUER, by unanimous consent, presented resolutions of the Legislature of California indorsing the action of the delegation in Congress from that State in voting for the pas sage of the bill known as the Freedmen's Bureau bill; which were laid on the table, and ordered to be printed.
COMMISSIONER OF PUBLIC BUILDINGS.
Mr. LAWRENCE, of Ohio, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to:
Resolved, That the Commissioner of Public Buildings be directed to report to this House the number of clerks and employés in his official service, with the States from which they were appointed, and what were their occupations previons to their appointment, with the number who were in the Union Army, and the names, number, and residences of such, if any, as have been in the rebel army, and by whom those of the latter class were recommended for appointment.
CLAIMS AGAINST THE UNITED STATES.
Mr. WILLIAMS, by unanimous consent, introduced a bill to authorize the employment of additional counsel in cases of claims depend ing against the Government of the United States; which was read a first and second time, and referred to the Committee on the Judiciary. WASHINGTON CANAL.
Mr. INGERSOLL. I desire to call the attention of the House to a matter affecting the sanitary condition of this city.
It is understood that workmen, under the direction of the city authorities, have commenced removing the deposit and sediment from the Washington canal, throwing this offen
sive matter upon the banks. The subject has been referred to the Committee for the District of Columbia, who, having examined the question, deem it very injudicious and unsafe for the city authorities to allow such work to be done. Under the direction of the committee, I have prepared a joint resolution having in view the stopping of that work. I ask unanimous consent to report that joint resolution for consideration at the present time.
Mr. ALLEY. I object.
citizens of Natchez, Mississippi, remonstrating against the proposed tax on cotton; which was referred to the Committee on Finance.
REPORTS OF COMMITTEES.
Mr. HOWE, from the Committee on Claims, to whom was referred a joint resolution (II. R. No. 103) to refer the petition of Benjamin Holliday to the Court of Claims, reported it with an amendment.
Mr. DAVIS, from the Committee on Claims, Mr. INGERSOLL. The gentlemon ought J. Walker, praying for compensation for propto whom was referred the petition of Mrs. M.
to hear the resolution read before he objects.
Mr. WASHBURNE, of Illinois. I move that the House adjourn.
The motion was agreed to; and thereupon (at forty minutes past four o'clock p. m.) the House adjourned.
The following petitions, &c., were presented under the rule and referred to the appropriate committees: By Mr. BANKS: The petition of Richard Mason, Augustus Brises, James H. Davis, George W. Lester, and 100 others, citizens of the United States, against the passage of the second section of the constitutional amendment now pending, and for a law granting equal political rights to all citizens without regard to race or color.
By Mr. J. HUMPHREY: The petition of William W. Gardener, and others, glass-blowers, in relation to revenue taxation.
By Mr. HULBURD: The petitions of sundry citizens of the counties of St. Lawrence, Franklin, and Jefferson, New York, asking an ad valorem duty and an increase of duty on imported flax.
Also, a remonstrance of sundry citizens of Oneida County, New York, against the bill to reorganize the Federal judiciary.
By Mr. HUBBARD, of New York: The petition of 72 citizens of the county of Chenango, New York, asking that a duty often cents per pound and ten percent. ad valorem be levied on all unwashed foreign wools competing with American wools, the value whereof at the last port of export, including charges in such port, shall be thirty-two cents or less per pound, and that a duty of twelve cents per pound and ten per cent. ad valorem be levied on all like wools, the value whereof, including charges in port, shall exceed thirty-two cents per pound; and that the above rates of duties be doubled on washed wools and trebled on scoured wools.
Also, the petition of citizens of the town of Oxford, in the county of Chenango, New York, for a daily mail route from Unadilla, in the county of Otsego, to that place.
By Mr. MeINDOE: The petition of R. O. Harris, and 57 others, praying that mail route No. 13122, in Adams county, Wisconsin, be altered and extended. Also, a petition for the establishing of a mail route from Friendship, in Adams county, Wisconsin, by Arcade, to Barnum, in said county.
By Mr. RICE of Maine: The petitition of Dr. E. F. Sanger, and others, physicians of Penobscot county, Maine, for exemption of certain medicines from import duties.
By Mr. RADFORD: The petition of citizens of New York, for the regulation of inter-State insur
By Mr. WARD: The petition of numerous citizens of Heune, in Alleghany county, New York, in favor of increasing the tariff on wool.
FRIDAY, May 11, 1866.
Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.
PETITIONS AND MEMORIALS.
Mr. GRIMES presented concurrent resolutions of the Legislature of Iowa, in favor of the establishment of a Bureau of Education; which were ordered to lie on the table, and be printed.
Mr. GRIMES. I present the petition of C. W. Walker, and a large number of other citizens of Macgregor, in the State of Iowa, who pray that Congress will frame and pass a general law regulating the bridging of the upper Mississippi river, making provision therein that neither railroad nor water traffic be impeded or impaired. I present also another and similar petition from citizens of the same place, containing the same prayer. I move that these petitions be referred to the Committee on Post Offices and Post Roads.
The motion was agreed to.
Mr. MORGAN presented a memorial of the Long Island Historical Society, in relation to the unburied remains of soldiers on the battlefield of Shiloh; which was referred to the Committee on Military Affairs and the Militia.
Mr. DOOLITTLE presented a memorial of
erty taken and used by the United States forces at Vicksburg, Mississippi, in 1863 and 1864, reported adversely thereon.
He also, from the same committee, to whom was referred the petition of Augustus Hubbell, late captain and commissary of subsistence United States volunteers, praying that he may be allowed, in the settlement of his accounts, a certain amount of money which he alleges to have been stolen from him on the 17th of July, 1865, reported adversely thereon.
Mr. HENDERSON, from the Committee on Claims, to whom was referred the petition of Henry Roy de La Reintrie, praying that compensation be allowed him for effective and valuable services rendered to the Government of the United States in California in exposing fraudulent land claims against the Government, submitted an adverse report thereon; which was ordered to be printed.
He also, from the same committee, to whom was referred the petition of Benjamin Tilley, praying for compensation for land in the city of Washington occupied by the Government as a part of the site on which Camp Fry is situated, submitted an adverse report thereon; which was ordered to be printed.
On motion of Mr. LANE, of Kansas, the bill (S. No. 119) granting lands to the Leavenworth, Lawrence, and Fort Gibson Railroad Company to aid in extending their railroad and telegraph line from the southern boundary of Kansas to the northern boundary of Texas, in the direction of Galveston bay, was recommitted to the Committee on Public Lands.
DEBATES OF THE SENATE.
Mr. CONNESS. I offer the following resolution:
Resolved, That the Committee on Printing be directed to inquire into the necessity of more correct reports of the debates of the Senate, and to report a remedy for the practice of changing and suppressing words spoken in debate in the Senate and substituting therefor matter not spoken.
I do not ask for the present consideration of the resolution, and I will not occupy the time of the Senate with it now, because when the resolution is considered I desire to submit some remarks in connection with it and in explanation of it. I am willing, therefore, that the resolution shall lie over for the present. The PRESIDENT pro tempore. It will lie over under the rules.
ADJOURNMENT TO MONDAY.
On motion of Mr. ANTHONY, it was Ordered, That when the Senate adjourn to-day-it be to meet on Monday next.
MESSAGE FROM THE HOUSE.
A message from the House of Representatives, by Mr. LLOYD, its Chief Clerk, announced that the House of Representatives had agreed to the amendments of the Senate to the joint resolution (H. R. No. 133) relative to the attempted assassination of the Emperor of Russia, and to the amendment of the Senate to the bill (H. R. No. 511) imposing a duty on live animals.
PAY DEPARTMENT OF THE NAVY. Mr. GRIMES. I move that the Senate proceed to the consideration of the House joint resolution No. 130. It is a small matter, and will not require the consumption of time.
The motion was agreed to; and the joint resolution (H. R. No. 130) to carry into immediate effect the bill to provide for the better
organization of the pay department of the Navy was considered as in Committee of the Whole. For the purpose of carrying out the provisions of an act to provide for the better organizathe least delay possible, the joint resolution tion of the pay department of the Navy, with authorizes the President of the United States to waive the examination of such officers in the pay department of the Navy as are on duty abroad, and cannot at present be examined as required by law; but such examinations as are required by law are to be made as soon as practicable after the return of the officers to the United States, and no officer found to be disqualified is to receive the promotion contemplated in the act herein referred to.
The Committee on Naval Affairs reported the joint resolution with an amendment, to add as an additional section the following:
SEC. 2. And be it further resolved, That the Sceretary of the Navy be, and he is hereby, authorized to retain or to appoint, under existing laws and regulations, such volunteer officers in the Navy as the exigencies of the service may require until their places can be supplied by graduates from the Naval Academy.
Mr. CONNESS. As I understand that amendment, it proposes simply to put the volunteer officers, who have now had years of experience, in the service temporarily out of the Navy as soon as their places can be supplied by graduates of the Naval Academy. It does not strike me as a very wise thing to be done, and I should like to hear from the honorable chairman of the Naval Committee his views on the wisdom of the amendment proposed. It will be remembered that the officers of the volunteer Navy had experience as seamen in the mercantile marine before they entered that branch of the naval service; and it appears to me that when experienced officers, many of whom have rendered efficient and valuable service during the war, are transferred into the Navy there should be a provision for their remaining there. I do not know why they should give place to graduates from the Naval Academy. I should like to hear from the chairman on the subject.
Mr. GRIMES. I think the Senator from California misapprehends the scope of this proposition. Under laws passed in 1861, 1862, and 1863, the Secretary of the Navy was authorized to appoint certain persons, such as might the board of examination, to certain grades pass in the volunteer service of the Navy; but there was a provision in the law declaring that they should cease to be officers of the United States whenever the rebellion ended. These officers are now scattered all over the world in various squadrons, and it is simply proposed to enact a law so that if the President of the United States should see fit to-morrow to issue a proclamation declaring that the rebellion has entirely ceased, from that moment these officers shall not cease to be, but shall continue in the service and draw their pay and perform their duty to the Government.
The question as to whether the volunteer officers shall be retained in the permanent Navy is not embraced in this joint resolution, but is embraced in another proposition which is under consideration in the Committee on Naval Affairs. This section simply retains these officers for the present, until there shall be subsequent legislation by Congress. That is the purport and scope of it. It was drawn in the Navy Department by gentlemen who entertain the same views in regard to the adoption of the volunteer officers into the Navy that the Senator from California entertains, as I understand from what he has said.
The amendment was agreed to.
Mr. GRIMES. I offer as an additional section the following:
And be it further resolved, That naval constructers shall hereafter be held to be staff officers in the Navy, and entitled to all the rights and privileges and subject to all the liabilities and duties of such.
The amendment was ag.eed to.
The joint resolution was reported to the Senate as amended, and the amendments were concurred in. It was ordered that the amendments be engrossed, and the bill be