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bill No. 513, all debate upon the pending par Mr. MORRILL. This is exactly according amendment is adopted it will allow all his agraph and the amendments thereto terminate to the existing law.
neighbors to go into the same kind of business in one second.
The amendment was disagreed to.
without the payment of any tax provided their The motion was agreed to.
The Clerk read the next paragraph, as fol- | receipts do not exceed $100. Í hope it will TAX-BILL-AGAIN. lows:
not be adopted. The amount to be gained by Mr. MORRILL moved that the rules be sus 22. Confectioners shall pay ten dollars. Every per
the other part of the gentleman's amendment pended, and that the House resolve itself into
son who sells at retail confectionery, sweetmeats, is so small and the burden upon the parties to
comfits, or other confects, in any building, shall the Committee of the Whole on the state of
keep the account would be so great that I think be regarded as a confectioner under this act. But the Union on the special order. wholesale and retail dealers, having paid the tax
it will hardly be worth while to adopt it. The motion was agreed to.
therefor, shall not be required to pay the tax as a The amendment was disagreed to.
confectioner, anything in this act to the contrary So the rules were suspended; and the House
Mr. MORRILL. I move to strike out the notwithstanding. accordingly resolved itself into the Committee Mr. MORRILL moved to insert the word
word “to” in line eleven hundred and ninetyof the whole on the state of the Union, (Mr.
five and insert "shall." "special" before the word “tax." Dawes in the chair,) and resumed the consid The amendment was agreed to.
The amendment was agreed to. eration of the special order, being a bill of the House (No. 513) to amend an act entitled
The Clerk read the next paragraphs, as fol.
The Clerk read the next two paragraphs, as
follows: lows: “An act to provide internal revenue to sup
29. Foreign insurance agents shall pay fifty dollars. port the Government, to pay interest on the
23. Claim agents and agents for procuring patents Every person who shall act as agent of any foreign shall pay ten dollars. Every person whose business
fire, marine, life, mutual, or other insurance coinpublic debt, and for other purposes," approved it is to prosecute claims in any of the Executive
pany or companies shall be regarded as a foreign June 30, 1864, and acts amendatory thereof. Departments of the Federal Government, or procure
insurance agent under this act. The pending question was on the amendment
patents, shall be deemed a claim or patent agent, as 30. Auctioneers whose annual sales do not exceed
the case may be, under this act. of Mr. Stevens to strike out the following:
$10,000 shall pay ton dollars, and if exceeding $10,000 24. Patent-right dealers shall pay ten dollars.
shall pay twenty dollars. Every person shall bo Provided. That keepers of hotels, taverns, and Every person whose business it is to sell, or offer for
deemed an auctioneer within the meaning of this act eating-houses, in which liquors are sold by retail,
sale, patent rights, shall be regarded as a patent-right whose business it is to offer property for sale to the to be drank upon the premises, shall pay an addi
dealer under this act. tional tax of twenty-five dollars.
25. Real-estate agents shall pay ten dollars. Every
highest or best bidder: Provided, that the provisions
of this paragraph shall not apply to judicial or cxccperson whose business it is to sell, or offer for sale, The amendment was rot agreed to.
utive officers making auction sales by virtue of any real estate for others, or to rent houses, stores, or judgment or decree of any court, nor public sales Mr. BENJAMIN. I move to amend by inother buildings or real estate, or to collect rent for
made by or for exccutors or administrators. others, shall be regarded as a real-estate agent under serting, after the word “act' in line eleven this act.
Mr. MORRILL. I move to strike out the hundred and thirty-five the following:
26. Conveyancers shall pay ten dollars. Every word "for," in line twelve hundred and thir
person, other than one having paid the tax as a Provided, That a payment of such special tax shall
lawyer or claim agent, whose business it is to draw teen, and insert the words at public;" so be construed to authorize the person so keeping a
deeds, bonds, mortgages, wills, writs, or other legal that it will read, “ at public sale." hotel, inn, or tavern to furnish the necessary food
papers, or to examine titles to real estate, shall be for the animals of such travelers or sojourners, with
The amendment was agreed to. regarded as a conveyancer under this act. out the payment of an additional special tax as a
Mr. HOLMES. I move to strike out the livery stable keeper.
Mr. MORRILL moved, in line eleven hun
word “or,'' in line twelve hundred and eightMr. MORRILL. I see no objection to that. dred and eighty-one, before the word "tax" The amendment was agreed to. to insert the word “' special."
een, and to add to the paragraph the words Mr. PIKE. I move to amend by inserting The amendment was agreed to.
or guardians of any estate held by them as
so that it shall read: after the word "dollars,'' in line eleven hun The Clerk read the next two paragraphs, as
Nor public sales made by or for executors, admindred and thirty-eight, the following: follows:
istrators, or guardians of any esta te held by them as Provided, That in case the receipts of any keeper of 27. Intelligence office keepers shall pay ten dollars.
such. a hotel do not exceed $500 a year, no licenso shall be Every person whose business it is to find or furnish Mr. MORRILL. I think that is right. required.
places of employment for others, or to find or furnish The amendment was not agreed to. servants upon application in writing or otherwise,
The amendment was agreed to. receiving compensation therefor, shall be regarded Mr. DAVIS. I suggest to the chairman of Mr. SCHENCK. I move to amend by strik
as an intelligence office keeper under this act.
the committee the propriety of amending this ing out the following:
person who shall act as agent of any fire, marine, paragraph by including in the exemption sales The estimated yearly rental of the house and prop
life, mutual, or other insurance company or compa made by any mortgagee under foreclosure. erty intended to be so occupied as follows, to wit: nies, to negotiate or procuro insurance for which he when the rent or valuation of the yearly rental of receives any commission orother compensation, shall
Mr. MORRILL. I think that ought not to said house and property shall be $200 or less, shall be regarded as an insurance agent under this act: be excepted. It is one of the most profitable pay ten dollars; and if exceeding $200, for any addi Provided, That if the annual receipts of any person sales we have. tional $100 or fractional part thereof in excess of $200, as such agent shall not exceed $100, he shall pay five five dollars. dollars only: And provided further, That no special
Mr. DAVIS. I will then move to amend And inserting in lieu thereof the following:
tax shall be imposed upon any person for selling by adding to the end of the paragraph these
tickets or contracts of insurance against injury to words: The charge per diem they make against their guests persons while traveling by land or water. as follows, to wit: when they charge five dollars per
Nor by any mortgagee under mortgage foreclosure. day, or over, they shall pay $2,000 per annum; when
Mr. HOTCHKISS. I ask unanimous conthey charge less than five dollars per day, and not less
The amendment was not agreed to. sent to go back in order to move an amendthan three dollars, they shall pay $1,000 per annum; ment.
Mr. HOTCHKISS. I move to amend by when they charge less than three dollars a day, and not less than two dollars per day, they shall pay $100 There was no objection.
adding to the paragraph the words per annum; when they charge less than two dol Mr. HOTCHKISS moved in line eleven || lawyers paying å tax as such." lars per day, they shall pay a tax of fifty dollars per
hundred and seventy-eight after the word Mr. MORRILL. I do not know that I un
“others” in the paragraph relating to real derstand the gentleman's amendment. I doubt So that the clause will read: Keepers of hotels, inns, or taverns shall be classi
estate agents to insert these words, “except || if we ought make such an exception as will fied and rated according to the yearly rental, or, if attorneys being licensed as such."
allow lawyers to act as auctioneers. not rented, according to the charge per diem, &c. Mr. HOOPĚR, of Massachusetts. There The amendment was disagreed to.
Mr. PIKE. I move to amend the amend are no licenses provided for in this bill. They Mr. ELDRIDGE. I move that the commit. ment by adding the following: are all special taxes.
tee rise. And when they charge $1 50 or less per day they
Mr. HOTCHKISS. I modify my amend The motion was agreed to. shall not be required to pay tax. ment, then, so as to say special tax" instead
So the committee rose; and the Speaker The amendment to the amendment was not of “license."
having resumed the chair, Mr. Dawes reported agreed to.
The amendment was agreed to.
that the Committee of the Whole on the state The amendment was not agreed to.
Mr. LYNCH. I move to amend as follows: of the Union had had under consideration the The Clerk read as follows:
Strike out in lines eleven hundred and ninety-two Union generally, and particularly the special 21. Keepers of eating-houses shall pay ten dollars
and eleven hundred and ninety-three the words "ten order, being bill of the House No. 513, to
dollars” and insert these words: “whose annual Every place where food or refreshments of any kind, not including spirits, wines, ale, beer, or malt liquors, receipts exceed $100 and do not exceed $500 shall pay
amend an act entitled “An act to provide are provided for casual visitors and sold for con
five dollars; when over $500 and not exceeding $5,000, internal revenue to support the Government,
ten dollars; when over $5,000, fifteen dollars." Also, sumption therein, shall be regarded as an eating
to pay interest on the public debt, and for houso under this act. But the keeper of an oating
strike outlincs eleven hundred and ninety-eight and house having paid the tax therefor shall not be eleven hundred and ninety-nine to and including the
other purposes," approved June 30, 1864, and required to pay a tax as a confectioner, anything in word "only" in line twelve hundred.
aets amendatory thereof, and had come to no this act to the contrary notwithstanding.
resolution thereon. Mr. STEVENS. I move to strike out in will be to exempt insurance agents who receive
TAXES IN ALABAMA. line eleven hundred and fifty-two these words, | less than $100 and to increase the tax from ten The SPEAKER laid before the Hous (not including spirits, wines.'' An eating to fifteen dollars on all those who receive more
communication signed by R. M. Patton, Gov. house, as we understand it, includes the sale than $1,000. There are very few who receive
ernor of Alabama, without the seal of the State, of oysters and fermented liquors, ale, beer, less than $100, while there are a great many in regard to taxes; which was referred to the and other malt liquors. The words I have whose annual receipts are large, running up, Committee of Ways and Means, and ordered mentioned ought of course to be stricken out, in some instances, to $200,000 per annum. to be printed. and the section ought then to remain so that Mr. MORRILL. The gentleman will per
MESSAGE FROM TIIE SENATE. these eating-houses shall be allowed to sell, ceive that in levying this special tax it is a sort as they have always heretofore, ale, beer, and of protection to those who pay the tax against A message from the Senate, by Mr. Forney, other malt liquors.
those who do not. Now, if the gentleman's !! its Secretary, announced that the Senate had
- wow. chairman, the effect of this amendment
passed House bill No. 568, to repeal section for the relief of Jonathan W. Gordon, late ma submit the following resolution for consideratwenty-three of chapter seventy-nine of the jor in the eleventh regiment of infantry; which tion at this time: acts of the third session of the Thirty-Seventh was taken from the Speaker's table, read a first Resolved. That the Committee on Banking and Congress, with an amendment, in which the and second time, and referred to the Commit Currency be directed to inquire into the expediency concurrence of the House was requested. tee of Claims.
of so amending the act of Viarch 3, 1965, imposing a
tax of ten per cent. upon all state circulation after Also, that the Senate had passed a bill and
ASSISTANT SECRETARY OF TIIE NAVY.
July 1, 1956, as to cxempt from said tax all national joint resolution of the following titles, in which
banks which bave applied for and have not receired
The next business upon the Speaker's table he was directed to ask the concurrence of the
the amount of national bills to which they are enHouse: was Senate bill No. 318, to authorize the ap
titled under section twenty-one of the national cur
rency act: Provided, That the total amount of the An act (S. No. 222) further to prevent pointment of an additional Assistant Secretary circulation of said banks ddes not cxcccd the amount of the Navy.
of national circulation to which they are entitled smuggling, and for other purposes, and A joint resolution (S. No. 90) to suspend
Mr. RICE, of Massachusetts. I ask that
under said section. temporarily the collection of the direct tax in that may be put upon it passage now.
Mr. ANCONA. I object. the State of West Virginia.
The SPEAKER. The motion of the gen PROTECTION OF SOLDIERS' GRAVES.
tleman from Vermont (Mr. Morrill) was to Mr. BANKS, by unanimous consent, submitENROLLED DILL SIGNED. proceed to business upon the Speaker's table
ted the following resolution; which was read, Mr. COBB, from the Committee on Enrolled || for reference only. Bills, reported that the committee had exam
considered, and agreed to: Mr. RICE, of Massachusetts. I suppose it
Resoluci, That the Committee on Military Affairs ined and found truly enrolled a bill of the can be considered now by unanimous consent. be instructed to inquire and report what measures following title; when the Speaker signed the Mr. MORRILL. Let the bill be passed over may be necessary for the further protection of tho
graves of soldiers of the United States who have for the present and remain on the Speaker's
been buried within the limits of the insurgent States. An act (H. R. No. 280) making appropri- || table. ations for the service of the Post Office De No objection was made.
WASHINGTON LAND AND BUILDING COMPANY. partment during the fiscal year ending the
Mr. MERCUR, by unanimous consent, in30th of June, 1807, and for other purposes.
PREVENTION OF SMUGGLING, ETC.
troduced a bill to incorporate the Washington Mr. MORRILL. I move that the House The next business upon the Speaker's table Land and Building Company; which was read proceed to the business on the Speaker's
was Senate bill No. 222, to further prevent a first and second time, and referred to the table. smuggling, and for other purposes.
Committee for the District of Columbia. The motion was agreed to.
Mr. MORRILL. Let that be passed over And then, on motion of Mr. THAYER, (at for the present.
twenty minutes of five o'clock p. m.,) the JOSEPH NOCK. No objection was made.
House adjourned. The first business was Senate joint resolution
DIRECT TAX IN WEST VIRGINIA. No. 71, referring the petitions and papers in the case of Joseph Nock to the Court of The next business was Senate joint resolu
PETITIONS, ETC. Claims; which was taken from the Speaker's || tion No. 90, to suspend temporarily the col. The following petitions, &c., were presented under table, read a first and second time, and re lection of the direct tax within the State of the ruleand referred to the appropriate committees :
By the SPEAKER: The petition of Governor Vorferred to the Committee on the Post Office and West Virginia ; which was taken from the
ton, and the other trustees of the Indiana AgricultuPost Roads.
Speaker's table, read a first and second time, ral College, asking an amendment to the law granting DANIEL WINSLOW. and referred to the Committee of Ways and
lands to agricultural colleges. Means. The next business was Senate bill No. 149,
By Mr. CONKLING: The petition of citizens of
Oneida county, New York, asking a readjustment of for the relief of Daniel Winslow; which was
Mr. ELDRIDGE moved to reconsider the the tarif on flax. taken from the Speaker's table, read a first various votes by which the bills and joint
By Mr. DAVIS: The petition of Jedediah Barber,
J. D. Sliter, Thomas D. Challan, and 203 others, citiand second time, and on motion of Mr. Lyxch
resolution had been taken from the Speaker's zens of Cortland county, New York, praying for referred to the Committee on the Judiciary.
table and referred ; and also moved that the increased protection to the growers of American
Also, the like petition of John L. Booran, J. M.
Clark, and 82 others, citizens of said county. The next business was Senate bill No. 176,
By Mr. EGGLESTON: The memorial of Charles
TRANSPORTATION AND COAL COMPANY. for the relief of George Henry Preble, a com
Kahn, jr., of Cincinnati, Ohio, claiming $1,395 3 as mander in the Navy of the United States;
Mr. INGERSOLL, by unanimous consent,
compensation for forty-three head of cattle. which was taken from the Speaker's table, introduced a bill to incorporate the Washington
By Mr, ORTH: The petitionof trustees of Indiana
Agricultural College, asking for a modification of the read a first and second time, and referred to Transportation and Coal Company; which was law of Congress donating lands for such college, the Committee on Naval Affairs. read a first and second time, and referred to
By Mr. LYNCH: The petition of Henry E. Earl, jr., the Committee for the District of Columbia.
for pension. AMOSKEAG MANUFACTURING COMPANY.
Also, the memorial of Board of Trade of Portland, Mr. WILSON, of Iowa, moved to reconsider By Mr. MOORIIEAD: The petition of Lyon Short The next business was Senate bill No. 225, the vote by which the bill was referred ; and
& Co., and others, citizens of Pittsburg, Pennsylvafor the relief of the Amoskeag Manufacturing also moved that the motion to reconsider be
nin, praying for the passage of an act of Congress
authorizing the Cleveland and Mahoning Railroad Company; which was taken from the Speaker's laid on the table.
Company to extend their road to tho city of Pittsburg, table, read a first and second time, and referred The latter motion was agreed to.
Pennsylvania. to the Committee on Claims.
By Mr. MYERS: The petition of William Mann, PRIZE PROCEEDINGS, ETC.
of the city of Philadelphia, that the Commissioner FIRST CONGREGATIONALSOCIETY, WASHINGTON.
of Patents be granted authority to hear his applica
Mr. DARLING, by unanimous consent, in. tion for an extension of his patent for "improvement The next business was Senate bill No. 253, troduced a bill to amend an act entitled "An
in copying paper" as though the ninety days' notice to incorporate the First Congregational Society
required by law had been given. act to regulate prize proceedings,” &c., ap. By Mr. PAINE: The petition of W. M. Blair and of Washington; which was taken from the
proved June 30, 1864; which was read a first A.J. Frame, president and cashier of the Waukesha Speaker's table, read a first and second time, and second time, and referred to the Commit.
National Bank of Waukesha, Wisconsin, respecting and referred to the Committee for the District
the taxation of national banks by State and munitee on Naval Affairs. of Columbia.
cipal authorities. UNITED STATES CIRCUIT COURT, VIRGINIA.
Also, the petition of G. Buckley, cashier of First CAPTAIN JOIN II. CROWELL.
National Bank of Elkhorn, Wisconsin, on the same
subiect. The next business was Senate bill No. 278, Mr. LAWRENCE, of Ohio, moved to take
Also, the petition of O. Bell and W. A. Ray, presifor the relief of Captain John H. Crowell, an
from the Speaker's table Senate amendment dent and cashier of the National Bank of Delavan, assistant quartermaster of the United States
to House bill No. 563, to regulate the time and Wisconsin, on same subject. Army; which was taken from the Speaker's fix the place for holding the circuit court of the
Also, the petition of S. Marsh and C. M. Blackman,
president and cashier of the First National Bank of table, read a first and second time, and re
United States in the district of Virginia, and Whitewater, Wisconsin, on same subject. ferred to the Committee of Claims. for other purposes.
By Mr. WRIGHT: The petition of John L. Suess The motion was agreed to.
for relief. NOTARIES PUBLIC, DISTRICT OF COLOMBIA.
The amendment of the Senate was read. It The next business was Senate bill No. 305, || is to strike out all after line seventeen on page
IN SENATE. to amend an act entitled “ An act concerning 1 to the end of the bill.
THURSDAY, May 17, 1866. notaries public for the District of Columbia," Mr. LAWRENCE, of Ohio. ' I move that Prayer by the Chaplain, Rev. E. H. GRAY. approved April 8, 1864; which was taken from the House non-concur in the amendment of the The Journal of yesterday was read and the Speaker's table, read a first and second Senate, and ask for a committee of conference. approved. time, and referred to the Committee for the The motion was agreed to.
PETITIONS AND MEMORIALS, District of Columbia.
COLLECTION OF DUTIES ON IMPORTS.
The PRESIDENT pro tempore laid before COMMANDER CIIARLES HUNTER. Mr. BOUTWELL, from the Committee on
the Senate a communication from J. H. SerThe next business was Senate bill No. 307, the Judiciary, reported back House bill No. ment, accompanied by an address to the Presauthorizing the restoration of Commander 141, to amend an act entitled "An act further | ident and Congress of the United States by Charles Hunter to the Navy; which was read to provide for the collection of duties on im
the Swiss committee in favor of emancipated a first and second time, and referred to the ports;'' which was ordered to be printed and
slaves, expressing their gratification at the aboCommittee on Naval Affairs. recommitted.
lition of slavery in the United States, and their
earnest wishes for the prosperity of the AmerJONATHAN W. GORDON. TAX ON CIRCULATION OF STATE BANKS.
ican people; which was referred to the ComThe next business was Senate bill No. 127, Mr. LYNCH. I ask unanimous consent to mittee on Foreign Relations.
DRIDGE ON LAKE CIAMPLAIN.
Mr. YATES presented the petition of Mrs. | ington Territory, reported it without amend Mr. HENDERSON. I beg pardon; I thought Nancy A. Stokes, of Williams county, Illinois, ment.
it was for the Mississippi river. praying for a pension; which was referred to He also, from the same committee, to whom The bill was reported to the Senate as the Committee on Pensions.
was referred a bill (H. R. No. 202) to amend amended; the amendment was concurred in. Mr. SHERMAN presented a memorial of an act entitled "An act to provide a temporary The bill was ordered to be engrossed for a citizens of Pittsburg, Pennsylvania, praying | government for the Territory of Montana," third reading, and was read the third time and the enactment of a law authorizing the Cleve- || approved May 26, 1864, reported it without passed. land and Mahoning Railroad Company to ex amendment.
NITRO-GLYCERINE. tend its route from the west line of the State He also, from the same committee, to whom of Pennsylvania to the city of Pittsburg; which was referred a joint resolution (H. R. No. 32)
Mr. EDMUNDS. I am instructed by the was referred to the Committee on Commerce. to facilitate communication with certain Terri.
Committee on Commerce, to whom was referred REPORTS OF COMMITTEES. tories, reported it without amendment.
the bill (S. No.313) to regulate the transportaMr. CHANDLER, from the Committee on
tion of nitro-glycerine or glynoin oil, to report Mr. LANE, of Indiana, from the Committee || Commerce, to whom was referred a bill (H. R.
it back with amendments, and with a recomon Pensions, to whom was referred the petition No.655) for the relief of Charles Brewer & Co., || importance to passengers traveling to the Pa;
mendation that it pass; and, on account of its of Harriet B. Crocker, of Bath, Maine, pray- reported it without amendment. ing for a pension, submitted a report, accom Mr. NORTON, from the Committee on
cific coast, I am instructed to ask for its present panied by a bill (S. No. 326) granting a pen. Claims, to whom was referred the petition of
consideration. sion to Mrs. Harriet B. Crocker. The bill was James B. Johnson, praying for compensation
Mr. GRIMES. Oh, no; let us have it printed. read and passed to second reading, and the
Mr. CONNESS. There is no necessity for for property destroyed on the 14th of March, report was ordered to be printed. 1864, by a band of guerrillas under the com
printing it. He also, from the same committee, to whom inand of one Anderson, submitted an adverse
The PRESIDENT pro tempore. Objection was referred the petition of Mrs. Katharine F.
report thereon; which was ordered to be being made, the bill will lie over under the Winslow, praying for a pension, submitted a reprinted.
rule. port, accompanied by a bill (S. No. 237) grant
Mr. POLAND, from the Committee on the
Mr. FESSENDEN. I would rather that it ing a pension to Mrs. Katharine F. Winslow. The bill was read and passed to a second readJudiciary, to whom was referred a petition of
should lie over. I want the unfinished business judges of the United States courts and citizens of yesterday to come up. ing, and the report was ordered to be printed. of the District of Columbia, praying that pro
Mr. CONNESS. Not in the morning hour, He also, from the same committee, to whom vision may be made payment of counsel || I hope. was referred the petition of Mrs. Abigail Ryan,
to praying for a pension, submitted a report, ac
employ counsel, reported that no legislation is business of the morning hour. It was a rescompanied by a bill (S. No. 328) for the relief
needed on the subject, and asked to be dis olution offered in the morning hour, and is the of Mrs. Abigail Ryan. The bill was read and charged from its further consideration ; which business of the morning hour. I do not wish passed to a second reading, and the report was was agreed to.
to interfere with the presentation of memorials ordered to be printed.
Mr. HARRIS, from the Committee on Pub- || and reports; but I understand that the resoluMr. POMEROY, from the Committee on lic Lands, to whom was referred a bill (S. No. tion to which I refer is the unfinished business Public Lands, to whom was referred a biil (H. R. 320) to amend an act entitled “ An act for a of the morning hour. It was being discussed No. 391) to create the office of surveyor gen grant of lands to the State of Kansas, in alter when the morning hour expired yesterday. eral in Idaho Territory, reported it without nate sections, to aid in the construction of cer Mr. CONNESS. I do not wish to persist in amendment.
tain railroads and telegraphs in said State," | asking for the immediate consideration of the He also, from the same committee, to whom approved March 3, 1863, reported it without bill; but it appears to me that it is one of such was referred a joint resolution (S. R. No. 85) amendment.
transcendent importance that it ought to be. explanatory of and in addition to the act of
passed at once. May 5, 1864, entitled “ An act granting lands to aid in the construction of certain railroads
Mr. EDMUNDS. The Committee on Com
Mr. GRIMES. It ought to be printed first.
Mr. CONNESS. There is nothing in it that in Wisconsin,' reported it without amendment. merce, to whom was referred the bill (S. No.
the whole Senate cannot understand on hearHe also, from the same committee, to whom
316) to establish a post route from West Alburg, were referred a memorial of the Legislature of Vermont, to Champlain, in the State of New I ing it read. It will excite no debate, I appre
hend, and can be finished in five or ten min. Wisconsin, asking the assent of Congress to the York, and for other purposes, have instructed
utes. It will be remembered that the memorial route of the land-grant railroad from Portage
me to report it back with an amendment and to Bayfield, and thence to Superior; a resolurecommend its passage, and I am also author
presented to this body, calling for the passage
of such a bill as this, asked for its passage tion of the Legislature of Wisconsin in favor of
ized to ask for the present consideration of the
under a suspension of the rules. The Treasa change of the route of the land-grant road from Portage to Superior; and also a resolu
By unanimous consent the bill was considered | ury Department preferred tirat the preparation tion of the Legislature of Wisconsin relating to as in Committee of the Whole. It proposes to
of this bill should be made by the Solicitor of
that Department; and we have waited for thi construction of the Portage and Superior plain at Rouse's
, connecting the Ogdens nearly three weeks for it. This article has been ther consideration; which was agreed to.
burg and Lake Champlain railroad, in the State He also, from the same committee, to whom of New York, with the Vermont and Canada recently twenty-five pounds of it were carried
out on a Pacific steamer, in the state-room of was referred a bill (S. No. 285) granting lands railroad, in the State of Vermont, to be a lawfal to the State of Kansas to aid in the construcstructure and a postal route. It further author
a passenger, enough to blow that ship to atoms,
with its thousand lives. tion of the Kansas and Neosho Valley rail
izes the Ogdensburg and Lake Champlain Railroad and its extension to Red river, reported road Company, their successors or assigns, and
Mr. FESSENDEN. I will not object to it it with amendments. the Vermont and Canada Railroad Company,
if it will not occasion any debate.
Mr. CONNESS. It will not. He also, from the same committee, to whom their successors or assigns, to keep up, main
The PRESIDENT pro tempore. The obwas recommitted a bill (S. No. 224) to aid in
tain, and use the bridge for the transportation the construction of a southern branch of the of the mails, and for the benefit of the general
jection being withdrawn, the bill is before the Union Pacific railway and to secure to the commerce between those two States, and the
Senate as in Committee of the Whole, and will
be read. Government the use of the same for postal,
transportation of persons and property; and military, and other purposes, reported it with also authorizes them, in place of the float now
The Secretary read the bill. It provides that an amendment. in use forming part of the bridge, to construct
hereafter it shall not be lawful to transport, Mr. KIRKWOOD, from the Committee on and maintain two suitable draws, one at least
carry, or convey the substance or article known Public Lands, to whom was referred a bill (S. sixty and one at least ninety feet in width,
or designated as nitro-glycerine or glynoin oil, No. 309) to authorize Samuel Stevens, a Stock
which shall be opened whenever required for upon or in any ship, steamship, steamboat, vesbridge Indian, to enter and purchase a certain
the passage of vessels, except during and for sel, car, wagon, or other vehicle used or emtract of land in the Stockbridge reservation,
fifteen minutes prior to the passage of mail | ployed in transporting passengers by land or trains.
water, between a place or places in any foreign Wisconsin, reported it without amendment. He also, from the Committee on Pensions,
The'amendment reported by the Committee | country, and a place or places within the limits on Commerce was to add to the bill the follow
of any State, Territory, or district of the Unito whom was referred a bill (H. R. No. 434) for the relief of Isabella Strubing, reported it
ted States, or between a place in one State, ing clause: without amendment.
And which draws shall be so constructed and man
Territory, or district of the United States and a aged as at all times to afford reasonable and proper
place in any other State, Territory, or district He also, from the same committee, to whom facilities for the passage of vessels: Provided, This thereof; and any person, company, or corpowas referred the petition of Mrs. Margaret
act shall be subject to amendment or repeal at the ration who shall knowingly violate these proKaetzel, praying for a pension, submitted a pleasure of Congress.
visions is to be liable to a fine of not less than report, accompanied by a bill (S. No. 329) for
The amendment was agreed to.
$5,000 at the discretion of the court, to be rethe relief of Mrs. Margaret Kaetzel. The bill Mr. HENDERSON. I ask the Senator || covered by an action of debt, one half to the was read and passed to a second reading, and from Minnesota if the bill is now in the shape use of the informer. the report was ordered to be printed.
in which the bill was that was passed the other In case the death of any person shall be Mr. WADE, from the Committee on Terri day for constructing a bridge at Quincy. caused, directly or indirectly, by the explosion tories, to whom was referred a bill (II. R. No. Mr. HARRIS. This is a bill in relation to of a quantity of this substance or article while 178) amendatory of the organic act of Wash a bridge on Lake Champlain.
it is being placed upon or in any ship, steam.
APPROVAL OF BILLS.
ship, steamboat, vessel, car, wagon, or other Mr. FESSENDEN. I should like to in
BENJAMIN HOLLIDAY. vehicle, to be transported, carried, or conveyed quire how the bill stands now with reference to
Mr. NESMITH. I move that the Senate therein or thereon in violation of this act, or punishment. while it is being so transported, carried, or con Mr. EDMUNDS. The bill now makes the proceed to the consideration of House joint
resolution No. 103. veyed, or while it is being removed from such crime of shipping this article on board of pas
The motion was agreed to; and the joint res. ship, steamship, steamboat, vessel, car, wagon, senger vessels, or the transportation of it with | olution (H. R. No. 103) to refer the petition or other vehicle, every person who knowingly | knowledge, manslaughter where death happens of Benjamin Holliday to the Court of Claims placed, or aided, or permitted the placing of in consequence of the act, and punishes the
was considered as in Committee of the Whole. the substance upon or in such ship, steamship, crime of manslaughter by imprisonment for ten It provides that so much of the claim of steamboat, vessel, car, wagon, or other vehicle years or upward. The shipping on board a pas
Benjamin Holliday as relates to damages for to be so transported, carried, or conveyed, is to senger vessel where death or any other accident change of route by military orders and propbe deemed guilty of murder in the first degree, does not occur is made merely a misdemeanor,
erty taken by the military authorities and apand on conviction is to suffer death by hanging punishable by fine; and the rest of the bill
propriated to the use of the Government be It is not to be lawful to ship, send, or for requires that when it is shipped by freighting | referred to the Court of Claims for adjustment. ward any quantity of this substance or article, i vessels or cars it shall be securely packed and
The Committee on Claims reported the joint or to transport, carry, or convey it by ship, | marked.
resolution with an amendment, which was in steamship, steamboat, vessel, car, wagon, or The bill was reported to the Senate as line four, to strike out the words "damages for other vehicle of any description upon land or amended, and the amendments were
change of route by military orders and ;' so water between a place in a foreign country and curred in.
that the joint resolution will read: a place within the United States, or between The bill was ordered to be engrossed for a
That so much of the claim of Benjamin Holliday a place in one State, Territory, or district of; | third reading, and was read the third time
as relates to property taken by the military authorithe United States, and a place in any other and passed.
ties and appropriated to the use of the Government State, Territory, or district thereof, unless it
be referred to the Court of Claims for adjustment. shall be securely inclosed, deposited, or packed
Mr. GRIMES asked, and by unanimous con
Mr. TRUMBULL. I do not know anything in a metallic vessel, separated from all other substances, and the outside of the package || Olution (S. R. No. 95) amendatory of a reso, sent obtained, leave to introduce a joint res
about this particular case; but I am entirely
opposed to referring by joint resolution, which containing it to be marked, painted, or labeled, in a conspicuous manner. with the words, | pension fund, approved July 1, 1864; which lution regulating the investment of the naval
amounts to a law, special cases in this way to
the Court of Claims. We have a general law “Nitro-glycerine, dangerous.'' Any person, was read twice by its title, and referred to the
giving that court jurisdiction of a certain class company, or corporation who shall knowingly Committee on Naval Affairs.
of cases. If the law is not broad enough, violate the provisions of this section is to be
enlarge it; but this way of coming in and givliable to a fine of $3,000, at the discretion of
ing the court jurisdiction of a particular case, the court, to be recovered by an action of debt, Mr. WADE submitted an amendment which some favorite case, I do not think is right, one half to the use of the informer.
he intends to offer to the joint resolution (H. R. unless it is done under some very peculiar cirThe district court of the United States within No. 127) proposing an amendment to the Con cumstances. There may be some circumstances the district in which any offense against the act stitution of the United States when it comes in this case which justify that species of legisshall be committed, or if committed irr or upon up for consideration.
lation ; but it is certainly a very bad way to any ship, boat, vessel, or vehicle beyond the The amendment was received, and ordered be conferring upon a court of general jurisdicterritorial limits of any district, then within to be printed.
tion of a particular class of cases like this the district from which it departed, or in which
special jurisdiction of some special case. it shall first arrive, is to have jurisdiction to
A message from the President of the United
Mr. POMEROY. The Senator must be aware try and punish the offenders by fine or death: | States, by Mr. Cooper, his Secretary, announced
that the Committee on Claims who pass on this as the case may be, under the provisions of that the President of the United States had
class of claims have the opportunity of hearing this act. The act is not to be so construed as to pre. approved and signed, on the 16th instant, the
testimony only on one side; the Court of Claims following act and joint resolution :
have an opportunity to examine witnesses on vent any State, Territory, district, city, or town within the United States regulating or prohib- || holding the courts of the United States for the
An act (S. No. 310) to change the place of
both sides, and I think it is safer for the Gov
ernment to let claims be tried where witnesses iting the traffic in or transportation of this substance between persons or places lying or being | A joint resolution (S. R. No. 88) authornorthern district of Mississippi; and
can be examined on both sides.
Mr. TRUMBULL. I entirely concur with within their respective limits, or from prohib- ||izing the Secretary of War to grant the use of
the Senator from Kansas. I think so, too. I am iting its introduction into such limits for sale,
certain lumber for the fair for the Soldiers' and not objecting to the court, but it is to giving the use, or consumption therein. Sailors' Orphan Home.
jurisdiction of a particular case in this way; The first amendment of the Committee on
and unless it is an exceptional case I do not Commerce was in section one, line five, after
FRESTI-WATER BASIN FOR IRON-CLADS.
think it ought to be done. the word “convey': to insert the words “ship, Mr. FESSENDEN. I now move to take Mr. CLARK. This is a joint resolution from deliver on board, or cause to be delivered on
up the joint resolution (S. R. No. 92) author the House of Representatives. As it came to board ;'' so that it will read :
izing the appointment of examiners to exam. the Senate it was referred to the Committee on That hereafter it shall not be lawful to transport, ine a site for a fresh-water basin for iron.clad Claims and read in this way: “That so much carry, or convey, ship, deliver on board, or cause to vessels of the United States Navy:
of the claim of Benjamin Holliday as relates to be delivered on board the substance orarticle known or designated as nitro-glycerine, &c.
The motion was agreed to; and the Senate, damages for change of route by military orders The amendment was agreed to.
as in Committee of the Whole, resumed the and property taken by the military authorities The next amendment was in section one,
consideration of the joint resolution, the pend- || and appropriated to the use of the Government line twenty-three, to strike out the words "to ing question being on the amendment of Mr. be referred to the Court of Claims for adjustbe recovered by an action of debt;' so that
FOSTER, to insert after “Maine" the words ment." The Committee on Claims came to the clause will read :
"and also New London, Connecticut.”' the conclusion to recommend to the Senate to And any person, company, or corporation who shall
Mr. FESSENDEN. I hope that will not be strike out that part of the claim which was for knowingly violate the provisions of this section shall inserted.
damages for change of route, and to let the • be liable to a fine of not less than $5,000, at the dis The amendment was rejected.
other part of the claim for property alleged to cretion of the court, one half to the use of the informer.
The joint resolution was reported to the Sen be taken by military orders go to the Court of The amendment was agreed to. ate without amendment.
Claims, and no more; and we think that is a
Mr. SHERMAN. I have no objection to The next amendment was in section two,
better tribunal than the Committee on Claims the examination proposed. line twenty, to strike out the words “murder
I only want to and the Senate. in the first degree" and to insert "man
enter my disclaimer now against the inference Mr. POMEROY. I do not wish to contest slaughter."
that was drawn from the report on the iron. the amendment, but I have this to say: BenThe amendment was agreed to.
clads. We appointed a commission to exam jamin Holliday, who had the overland conThe next amendment was in section two, ll seemed to be the principal argument for pass.
ine into the cost of the iron-clads, and that tract, made his stations every fifteen miles on line twenty-two, after the word “ suffer to
a given route, and built houses. The military ing the bill for the relief of those who built authorities told him to abandon all those and strike out the words “death by hanging" and
the iron-clads. I hope the honorable Senator to go on to another line, because they could to insert "imprisonment for a period not less
from Maine, when this report comes in, will than ten years."
protect him from the Indians on that other The amendment was agreed to.
not consider that because we without objec- line. It is a question of equity whether he
tion vote for a commission to examine into ought not to have some compensation for the The next amendment was in lines twenty: the propriety of this work we are thereby | abandoned houses and stations that he had five and twenty-six of section three, to strike || foreclosed from any examination into the pro built at great expense. out the words to be recovered by an action | priety of that report.
Mr. CLARK. I ought to say that the Com. of debt.''
Mr. FESSENDEN. Of course not. It has mittee on Claims examined the claim so far as The amendment was agreed to.
no sort of connection with it; not the slightest to see precisely what it was. I doubt very The next amendment was in lines eleven and in the world.
much whether he can set up any military order twelve of section four, to strike out the words The joint resolution was ordered to be en in the case; but we concluded to let the whole "by fine or death as the case may be.'
grossed for a third reading, was read the third matter go for adjudication to the Court of The amendment was agreed to. time and passed.
Mr. POMEROY. If he cannot set up any military order, the resolution was a very harmless thing as it was before.
Mr. CLARK. I think the amendment should be agreed to.
The amendment was agreed to.
The joint resolution was reported to the Sen. ate as amended, and the amendment was concurred in. The amendment was ordered to be engrossed, and the joint resolution to be read a third time. It was read the third time and passed.
MARYSVILLE AND PORTLAND RAILROAD. Mr. STEWART. I move to take up
Senate bill No. 123.
The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill (S. No. 123) granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific railroad, in California, to Portland, on the navigable waters of the Columbia river, in Oregon.
The PRESIDENT pro tempore. The Committee on Public Lands reported a substitute in lieu of the original bill, striking out all after the enacting clause. The substitute only will be read unless the reading of the original bill shall be asked for.
The Secretary read the words proposed to be inserted, as follows:
That the California and Oregon Railroad Company, organized under an act of the State of California, to protect certain parties in and to a railroad survey, to connect Portland, in Oregon, with Marysville, in California, approved April 6, 1863, and such company organized under the laws of Oregon as the Legislature of said State shall hereafter designate, be, and they are hereby, authorized and empowered to lay out, locate, construct, finish, and maintain a railroad and telegraph line between the city of Portland, in Oregon, and the Central Pacific railroad, in California, in the manner following, to wit: the said California and Oregon Railroad Company shall construct that part of the said railroad and telegraph within the State of California, beginning at some point (to be selected by said company) on the Central Pacific railroad in the Sacramento valIcy, in the State of California, and running thence northerly, through the Sacramento and Shasta valleys, to the northern boundary of the State of California; and the said Oregon company shall construct that part of the said railroad and telegraph line within the State of Oregon, beginning at the city of Portland, in Oregon, and running thence southerly through the Willamette, Umpqua, and Rogue River valleys to the southern boundary of Oregon, where the same shall connect with the part aforesaid to be made by the first-named company: Provided, That the company completing its respective part of the said railroad and telegraph from either of the termini herein named to the line between California and Oregon before the other company shall have likewise arrived at the same line, shall have the right, and the said company is hereby authorized, to continue in constructing the same beyond the line aforesaid, with the consent of the State in which the unfinished part may lio, upon the terms mentioned in this act, until the said parts shall meet and connect, and the whole line of said railroad and telegraph shall be completed, including all necessary grounds for stations, buildings, workshops, depots, machineshops, switches, side tracks, turn-tables, water stations, or any other structures required in the construction and operating of said road.
SEC, 2. And be it further enacted, That there be, and hereby is, granted to the said companies, their successors and assigns, for the purpose of aiding in the construction of said railroad and telegraph line, and to secure the safe and speedy transportation of the mails, troops, munitions of war, and public stores over the line of said railroad, every alternate section of publicland designated by odd numbers, to the amount of ten sections per mile on each side of said railroad, and contiguous thereto; and when any of said sections or parts of sections shall be found to have been granted, sold, reserved, occupied by homestead settlers, preëmpted, or otherwise disposed of, other lands, designated as aforesaid, shall be selected by said companies in lieu thereof, within twenty miles of said road, under the direction of the Secretary of the Interior; and as soon as the said companies, or either of them, shall file in the office of the Secretary of the Interior a map of the survey of said railroad, or any portion thereof, not less than sixty continuous miles from either terminus, the Secretary of the Interior shall withdraw from sale public lands herein granted on each side of said railroad and not more than twenty miles therefrom: Provided, That fortwo hundred miles of said road most mountainous and difficult of construction, namely, one hundred miles northwardly from the line between California and Oregon, and one hundred miles southwardly from the said line, the lands to be granted shall be double the amount per mile herein
before provided, designated as herein before provided, to be selected as the Secretary of the Interior may direct: Provided further, That this grant shall not defeat or impair any preemption, homestead, swamp land, or other lawful clain existing at the time of the final location of the line of suid railroad; and all reservations by the Government are boreby excepted from the provisions of
this act. The lands herein granted shall be applied Mr. WILLIAMS. Yes, sir.
The PRESIDING OFFICER. It is not in
order to amend that amendment, it having way through the public lands be, and the samo is been agreed to in committee; but when the heroby, granted to said companies for the construction of said railroad and telegraph line, and the right,
bill comes into the Senate it can be done. power, and authority are hereby given to said com The bill was reported to the Senate as panies to take from the public lands adjacent to the amended. line of said road, earth, stone, timber, water, and
The PRESIDING OFFICER. The quesother materials for the construction thereof. Said right of way is granted to said railroad to the extent tion is on concurring in the amendment made of one hundred feet in width on each side of said rail as in Committee of the Whole, which is now road where it may pass over the public lands, including all necessary grounds for stations, buildings,work
open to amendment. shops, depots, machine-shops, switches, side tracks, Mr. WILLIAMS. I move to strike out all turn-tables, water stations, or any other structures after the word “completed” in the thirtyrequired in the construction and operating of said
seventh line of the first section to the end road.
SEC. 4. And be it further enacted, That whenever of the section, as the words are repeated in
The Secretary read the words proposed to be
Including all necessary grounds for stations, buildtive miles of railroad and telegraph shall have been
ings, workshops, depots, machine-shops, switches,
side tracks, turn-tables, water stations, or any other completed and equipped in all respects as required by this act, the said commissioners shall so report
structures required in the construction and operating
of said road. under oath to the President of the United States, and thereupon patents shall issue to said companies, or The amendment to the amendment was either of them, as the case may be, for the landshorein before granted, to the extent of and conterminous | agreed to. with the completed section of said railroad and tele Mr. WILLIAMS. I move to amend the graph line as aforesaid; and from time to time, whenever twenty or more consecutivo miles of the
second section of the amendment, in line said road and telegraph shall be completed and twelve, by striking out the words “designated equipped as aforesaid, patents shall in like manner as aforesaid." issue upen the report of the said commissioners, and so on until the entire railroad and telegraph author
Mr. POMEROY. I wish to call the attenized by this act shall bave been constructed, and the tion of the Senate to the fact that by striking patents of the lands hercin granted shall have been
out these words, “designated as aforesaid, it issued. SEC. 5. And be it further enacted, That the grants
will give these companies the even sections aforesaid are made upon the condition that said coin outside of the ten-mile limit. The committee panics shall keep suid railroad and telegraph in
have never agreed to that. We give the odd repair and use, and shall at all times transport the mails, troops, munitions of war, supplies, and public
sections and reserve the even sections; but if stores upon said railroad, and transmit dispatches by you strike out the words “designated as aforesaid telegraph lino for the Government of the United said it allows them to take the even sections States, when required so to do by any Department thereof, and that the Government shall at all times
out of the first ten-mile limit to make up the have the preference in the use of said railroad and
deficiency. telegraph at fair and reasonable rates of compensa Mr. JOHNSON. Is that the purpose? tion, not to exceed the rates paid by private parties for the same kind of service.
Mr. POMEROY. That is the purpose of SEC. 6. And be it further enacted, That the said com this amendment. The committee are opposed panies shall file their assent to this act in the Depart
Mr. JOHNSON. It never has been done. before the 1st day of July, 1875; and the said railroad Mr. POMEROY. We have never reported shall be of the same gauge as the Central Pacific
a bill to allow them to take both odd and even railroad of California, and be connected therewith. SEC. 7. And be it further enacted, That the said com
sections. There is a great pressure upon the panies named in this act are hereby required to oper: committee to induce them to do so; all these ato and use the portions or parts of said railroad and telegraph mentioned in section one of this act for all
railroad companies desire it; but we have repurposes of transportation, travel, and communica fused, up to this time, to grant anything of that tion, so far as the Government and public are con kind." In the history of this legislation there cerned, as one connected and continuous line; and in such operation and use to afford and secure to each
is one such instance on record, I believe, where other equal advantages and facilities as to rates, time, the roads crossed each other, and one comand transportation, without any discrimination what
pany got the even sections and the other the ever, on pain of forfeiting the full amount of damage | odd; but I think it is against the manner in sued for and recovered in any court of the United which we have disposed of the public lands to States, or of any State of competent jurisdiction.
We reserve the Sec. 8. And be it further enacted, That in case the grant anything of this kind. said companies shall fail to comply with the terms
even sections, because it is supposed they will and conditions of this act, by not completing said sell for twice as much as the odd sections that road and telegraph within the time required, or by are given away. That is the principle upon not keeping the same in repair and fit for use, but shall permit the same for an unreasonable time to
which we report these bills. I admit that in remain unfinished, or out of repair and unfit for use, the mountain regions of Oregon, perhaps, they Congress may pass an act to insure the speedy com will never get enough agricultural land to make pletion of said road and telegraph, or put the same in repair and use, and may direct the income of said
a road ; but that is the fault of the country; it road and telegraph to be thereafter devoted to the is not the fault of the committee. We cannot use of the United States to repay all such expendi guaranty the land all to be good. We reported tures caused by the default and neglect of said companies or company, as the case may be.
this bill precisely in harmony with our system, SEC. 9. And be it further enacted. That the said Cal in the way we have reported them all. If the ifornia and Oregon Railroad Company and the said Senate pow agree to this amendment proposed Oregon Company shall be governed by the provisions of the general railroad and telegraph laws of
by the Senator from Oregon, it will be considtheir respective States, as to the construction and ered as an instruction to the Committee on management of tho said railroad and telegraph line
Public Lands to report these bills hereafter hereinbefore authorized, in all matters not provided for in this act. Wherever the word "company" or
with a provision giving both the even and odd *companies" is used in this act it shall be construed to sections. embrace the words "their associates, successors, and The PRESIDENT pro tempore. The mornassigns," the same as if the words had been inserted or thereto annexed.
ing hour having expired, it becomes the duty SEC. 10. And be il further enacted. That all mineral of
the Chair to call up the special order, which lands shall be excepted from the operation of this is the unfinished business of yesterday. act; but where the same shall contain timber, the timber thereon is hereby granted to said company:
Mr. WILLIAMS. I hope the Senator from Provided, That the term mineral lands shall not Maine will allow us to get through with this include lands containing coal and iron.
bill. The amendment was agreed to.
Mr. FESSENDEN. I would rather not give Mr. WILLIAMS. I move to amend the first way. I declined yesterday finishing a resolusection by striking out all after the word " com tion in which I was particularly interested for pleted,' in the thirty-seventh line, to the end the reason that I desired to go on with the of the section.
appropriation bill when the hour arrived. The PRESIDING OFFICER, (Mr. CLARK Mr. WILLIAMS. There is to be no other in the chair.) The Chair will inquire whether amendment proposed to this bill, and I am that is an amendment to the amendment of the willing the Senate should vote at once upon committee.