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because there is a bill already in the House No. 582) to incorporate the District of Colum, of Representatives providing for the charities bia Concrete Stone Company; which was read of this District, and this belongs in that bill, twice by its title, referred to the Committee on aud we struck it out for that reason.

the District of Columbia, and ordered to be Mr. HENDRICKS. Suppose that bill does printed. not pass ?

ENROLLED BILL SIGNED. Mr. MORRILL, of Maine. It was cluded it would pass, of course. It is a bill

A nessage from the House of Representa

tives, by Mr. Clinton LLOYD, Chief Clerk, providing for the hospitals and institutions here. There will be no difficulty about that.

announced that the Speaker of the House of Mr. HARLAN. What is the objection to

Representatives had signed the enrolled joint

resolution (H. R. No. 316) extending the time permitting it to stand in this bill as the House

for the completion of the Northern Pacific placed it in this bill?

railroad; and it was thereupon signed by the Mr. MORRILL, of Maine.

What reason

President pro tempore of the Senate. was there for dividing them? Why should we act on them by bits? The House departed

EXECUTIVE SESSION. from the usual course of putting these charities The Senate thereupon proceeded to the conin this bill and thought it best to provide for | sideration of executive business; and after them by a distinct bill. If that is to be the some time spent therein, the doors were repolicy, of course they ought all to go together, | opened, and the Senate took a recess until I submit, and for that reason the committee half past seven o'clock p. m. thought the charities had better be considered together and not divided, inasmuch as the

EVENING SESSION. House had adopted that policy.

The Senate reassembled at seven and a half Mr. HARLAN. If there is no other reason, o'clock p. m. I think it wiser to permit this to stand, for if

ARJIY RULES AND ARTICLES all these charities are put in one bill, and each item should receive some opposition, the bill

On motion of Mr. WILSON, the Senate, as in itself may fail, and this is an item that ought Committee of the Whole, proceeded to consider not to be permitted to fail, as it seems to me.

the bill (S. No. 529) establishing rules and Mr. MORRILL, of Maine. But I hardly || articles for the government of the armies of presume the Senator supposes that this is more

the United States. deserving than the hospital for the insane, the The bill was read at length. lunatic asylum, and a great many other objects

The first amendment of the Committee on which I presume will not fail. I do not under- Military Affairs and the Militia, was in article stand that there is any controversy about this,

seven, line three, to strike out the word "and." but it ought to go with the others.

The PRESIDENT pro tempore. This is a Mr. HENDRICKS. I think this clause had mere verbal amendment, and will be consid. better remain in this bill; it will be safer. There

ered as made unless there be objection. is no controversy about it, and there may be a

The next amendment was in line two, article controversy in regard to the other bill.

thirty-seven, to strike out the word “ powers Mr. FESSENDEN. I should like to inquire and insert“ power." if this is not the appropriation which has been The PRESIDENT pro tempore. This verbal made for several years to the Providence hos- amendment will also be made, unless there be pital?

objection. Mr. MORRILL, of Maine. I think this is The next amendment was in article forty-six, the Carroll hospital. I am told it is the same line eight, to strike out the word "delivering thing.

and insert “delivery." Mr. FESSENDEN. Is it in any other bill?

The PRESIDENT pro tempore. This amendMr. MORRILL, of Maine. No, sir; it is in

ment will also be considered as made without no other bill. But the reason the committee | objection. did not choose to consider it in this bill, was The next amendment was in article eightythat all these charities for this District are pro

nine, line eleven, to strike out the word "the" posed to be put into a separate bill now before

and insert "a." the House, and we thought if that was so, it The PRESIDENT pro tempore. This verbal was hardly worth while to consider them piece. | amendment will be made. meal.

The next amendment was in the second secMr. HENDRICKS. I think this had better tion of the bill, after the word " articles' to stay in this bill.

strike out "of war;" so as to read, that Mr. FESSENDEN. It should go into some the rules and articles by which the arinies of bill.

the United States have heretofore been gov. Mr. SUMNER. I move that the Senate now erned," &c. proceed to the consideration of executive busi- The amendment was agreed to.

Mr. WILSON. In lines eight, nine, and Mr. CONKLING and others. Let us finish ten, of article eight, I move to strike out the the amendments to the bill.

words “the provisions of an act establishing Mr. SUMNER. We cannot finish them. I rules and articles for the government of the insist on my motion.

arinies of the United States," and to insert The motion was agreed to; there being on a the word “law.!! This is in the oath of the division--yeas 18, nays 15.

members of a court-martial, requiring them to PRINTING OF AMENDMENTS.

try the matter before them and administer jus

tice “according to law.". Mr. MORGAN. While the doors are being The amendment was agreed to. closed I ask the unanimous consent of the Senate to offer some amendments to the bill

Mr. WILSON. In the third line of article (H. R. No. 1100) to amend an act entitled

twelve I move to strike out the word 66 "An act to regulate the carriage of passengers

mon” before." laws;" so as to make it read: in steainships and other vessels, and for other In timo of war or public danger military com

missions may be constituted, and shall have jurisdicpurposes,” which I ask to have printed and

tion over alt otienses and offenders against the laws referred to the Committee on Commerce. of war not coguizable by courts-martial,

The PRESIDENT pro tempore, That order The amendment was agreed to. will be made.

Mr. WILSON. In article seventeen, line BILLS INTRODUCED.

fifteen, after the word "required'' I move to Mr. FOWLER asked, and by unanimous insert “by the order constituting the court ;'' consent obtained, leave to introduce a bill (S. so as to provide in regard to courts of inquiry: No. 581) to provide for the election of certain This court shall have the same power to summon territorial officers by the people; which was witnesses as a court-martial, and to examine then read twice by its title, referred to the Commit

on oath; but they shall not give their opinion on the

merits of the case excepting they shall be thereto tee on Territories, and ordered to be printed. specially required by the order constituting the

Mr. HARLAN asked, and by unanimous consent obtained, leave to introduce a bill (S. The amendment was agreed to.

Mr. JOHNSON. The word “excepting," in the clause last read, ought to be " “unless.

Mr. WILSON. Very well.

The PRESIDENT pro tempore. That amendment will be made, their being no objection.

Mr. WILSON. In line four of article fortytwo, after the word "of," I move to insert "or omission to perform;?' so as to read:

Any officer who shall accept money or any other thing by way of bribe or gratification, on mustering any troops, or in signing the muster-rolls thereot, or in consideration of the performance of or omisa sion to perform any other official duty, shall be cashiered.

The amendment was agreed to.

Mr. WILSON. After the word " foreign," in the fifth line of the forty-eighth section, I move to insert the words **

or insurrection;" so as to read, “in time of war, civil or foreign, or insurrection.” The amendment was agreed to.

Mr. WILSON. In line six of article fifty. two I move to strike out the words “ between the ages of sixteen and," and insert “ under the age of.". The object is not to have any enlistinent in the Army of persons under eighteen years of age. Children sixteen years old ought not to be enlisted.

The amendment was agreed to.

Mr. WILSON. In line eight of the same article I move to strike out " sixteen" and insert "eighteen,'' to conform to the amend. ment just made.

The amendment was agreed to.

Mr. WILSON. In article sixty-two, line two, after the word “foreign," I move to insert " or insurrection."

The amendment was agreed to.

Mr. WILSON. In line five of article eighty. five, after the word " President,” I move to insert “pursuant to law,” so as to read, " which are declared by the President, pursu. ant to law, to be in a state of insurrection or rebellion."

The amendment was agreed to.

Mr. POMEROY. The Senator from Massachusetts, I think, omitted the insertion of the words or insurrection” on the twentyfifth page, in line four, of the sixty-eighth article. I think the words or insurrection" should be inserted there, after the word " rebellion."

Mr. WILSON. The word “rebellion' is there, and I think that substantially amounts to the same thing. But the words may be put in if the Senator desires. They will not do

T'he PRESIDENT protempore. The amendment will be made if there be no objection.

Mr. POMEROY.. On the last line of the twenty-sixth page, in the seventy-sixth article, the word "whatsoever" should be "whomsoever."

Mr, EDMUNDS. It is right as it is.

Mr. POMEROY. "Whomsoever would be better; it refers to persons, not to things.

Mr. WILSON, The clause reads now: If any officer or non-commissioned officer commanding a guard shall knowingly suffer any person whatsoever to go forth to fight a duol be shall be punished as a challenger.

I think that had better stand as it is.
Mr. EDMUNDS. It is right.

Mr. POMEROY. If the Senator thinks it is right, I will make no objection.

Mr. WILSON. I offer as an amendment, to come in as a new article, after article one hundred and one:

Any officer in the military service who shall be convicted by court-martial of gambling, shall be cashiered; and any oflicer baving in his possession or being accountable for public funds who shall be convicted by court-martial of gambling or betting, shall be cashiered.

Mr. JOHNSON. What does the honorable member mean by gambling? Does he mean that any officer who, in his mess, bets a quarter or half a dollar, or a dollar, on a game of whist, or any other game of cards, shall be cashiered? It would deprive officers of almost the only pleasure they have in time of peace.

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[Laughter.] Besides, there are all sorts of obviate the objections and cover the whole this evil. It seems to me that when you leave bets. I understand that according to the ground of both classes of officers, and will to the common sense of a court-martial of his amendment any otficer who bets a dollar upon also sufficiently define the offense to avoid the brother officers the decision of the question anything, is to be cashiered.

objection of the Senator from Maryland : whether the thing was that pernicious gambling ilr. WILSON. No, sir; any officer who has Any officer in the military service of the United

for gain which all would agree should be prethe care of funds.

States who shall be couvicted by court-martial of vented in a well-ordered command, you do Mr. JOHNSON. I understand that; but gambling for gain, shall be dismissed the service.

avoid any serious risk of the evil consequences they all have the care of funds, more or less. Mr. FESSENDEN. What is a man to do of ill-disposed persons preferring frivolous Mr. WILSON. No; it applies to paymas

who bets half a dollar on a game of whist? charges against officers who had been merely ters and others intrusted with public funds, Does he gamble for loss?

indulging in a harmless amusement. who shall gainble or bet, and be convicted by Mr. FERRY. I suppose he bets for fun. The PRESIDENT pro tempore. The ques. à court-martial.

Afr. FESSENDEN. I should like to have tion is on the amendment of the Senator from Mr. JOHNSON. Then if he bets at all on the word “gambling'' a little more accurately Connecticut to the amendment of the Senator anything he is to be dismissed.

defined, so that officers may know precisely from Massachusetts. Vír. WILSON. By all accounts gambling | how far they may go. I think there is difli- Mr. NYE. I do not understand exactly the is a very disastrous thing in the Army. It is culty in leaving it without definition. I once amendinent of the Senator from Connecticut. carried to a great extent.

heard a gentleman with whom I was riding If a man gambles at all le gambles for one of Mr. JOHNSON. I have no doubt it is bad say that he had not gambled any since he was two purposes. He does not certainly intend out of the Army as well as in the Army; but eighteen years old ; and as he was a gentleman to gamble to lose; therefore, if a man wagers "gambling" is a very comprehensive term. It with whom I became acquainted in this city, anything he wagers it to gain. Suppose an may apply to the ordinary and common prac

and whom a great inany of us know, I was very officer should bet upon the result of an electice among officers of playing among them- much surprised, because he had the reputation tion ; suppose an ollicer of the Army should selves with small sums as stakes, or of betting of “playing high.”' The next day I happened bet that my friend here on my left (Mr. HENDupon a horse race, or betting upon a cock fight, to meet here in the Senate Chamber a geatle- RICKS] would be elected Presidentwhich used to be common in the South, and I man who was very well acquainted with him, Mr. FERRY. Betting is not in the substitute. believe is now, to a certain extent.

sitting not very far from me, and I remarked Mr. NYE. Betting has been held to be Mr. CONNESS. I ask for the reading of

to him that I had heard this gentleman say so. gambling by courts of the highest authority in the amendment.

Said he, “What, did he tell you he had not the country, and I do not think a distinction Mr. WILSON. It is carefully drawn. gambled since he was eighteen years old ?'' can be drawn between gambling and betting. The amendment was read.

I said “Yes, he told me so distinctly." "Well," If the honorable Senator wants to define it so Mr. JOHNSON. The first part covers the said he he meant that he had not been into as to proscribe certain games that shall be prosecond.

a gambling-house; and in that sense, I suppose

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hibited, that will be very well. But I hardly Mr. WILSON. No; the first part applies | what he said was true; but, as for playing cards, believe that the Army would hold together to an officer who has not the custody of public bet fifty dollars a game playing whist with unless they had some little amusements. Take funds being convicted of gambling, and the him every night. And yet he did not think a western post where the snow for four or five second part relates to the case of an officer he was a gambler.

months in the year ranges from five to twenty intrusted with the public funds being convicted

Mr. NYE. He came out about even, prob- feet in depth. Cut off trom the world, all by of gambling or betting. ably.

themselves, they play cards. They have not Mr. JOHNSON. T'hat I understand ; but Mr. TESSENDEN. Now, for the benefit funds enough to make it amount to gambling, what I mean to say is this: every officer who of the Army, I should like to have the offense | probably, in the sense of the term that my gambles according to the first part of the amend. defined, so that they may kuow what is gam- friend from Massachusetts would wish to proment is to be cashiered, and then the amend bling, and what is not. All playing of any gamebibit; but still they gamble. They have got, ment provides that any officer intrusted with for money, risking money, is perhaps in one perhaps, $500 in cash, and it changes bands public funds who gambles shall be cashiered. sense, wrong, because it is dangerous; but I five hundred times during the winter. It is a lle is just as much an officer, whether intrusted presuine there are very few officers in the army sort of excitement they will have, and they with public funds or not, and the first clause of who do not amuse themselves with different have no other. I do not believe that that is the amendment embraces all officers, whether | kinds of games and small stakes. So unde what the Senator from Massachusetts means to intrusted with public funds or not. I submit fined is this provision if you pass it, that if prohibit. to the chairman of the Military Committee that, one officer finds that another officer whom he I do not see what the substitute offered by although it is very desirable to guard against does not like is playing cards and making a the Senator from Connecticut would amount gambling, in the criminal sense of that term, it small wager, he may complain of him, lile to exactly. “Gambling for gain!" Nobody would be very hard, by an amendment like | charges, and a court-martial may be bound to gambles for anything else. I do not profess to this, to prohibit officers of the Army from find him guilty, not knowing what "gambling": be an expert in the business, slaughter ;] and betting among themselves, particularly in time was within the meaning of the law, and thus my friend, perhaps, is more expert in it than

create considerable difficulty. Although I I am; and he can tell when he ever gambled and Nr. WILSON. Does the Senator think that should be very glad if any mode could be did not gamble for gain. paymasters and others intrusted with funds- derised by which the danger and difficulty to Mr. FERRY. The Senator is making an

Mr. JOHNSON. I do not object to putting which this article refers could be obviated, I assumption not to be supposed. the prohibition upon the paymasters.

think the provision proposed is altogether too Mr. NYE. The Senator seems to be so Mr. NYE. Why not simply say “paymas- || general, and may lead to trouble in the Army. familiar with it that he is able to see a distinc. ters?''

I think the definition should be somewhat more tion between gambling for gain and gambling Mr. JOHNSON. If it applied only to pay- accurate than it is.

for loss. If you gamble at all you gamble to masters it would be a different thing.

Mr. FERRY. In the substitute I think the gain. There is no doubt about that. No man Mr. WILSON. I would consent to a modi- expression “gambling for gain" by the appli- ever ipade a bet that did not bet to win it he fication that no officer intrusted with public cation of plain common sense will distinguish could. I do not know why this rule should be funds shall bet or gamble.

the offense intended to be stopped from ordi- directed and held against Army officers any Mr. JOHNSON. I shall not object to that. nary amusements of officers in camp; and any more than against otlicers in civil life here as Mr. CONNESS. I hope that this section | danger such as is suggested by the Senator from

Senators.

In all well-regulated communities will not be amended as now suggested. As I Maine is obviated by the language of the pro- they have rules and laws against gambling. understand the language, it says that any officer posed substitute that the person charged must They define certain kinds of games and declare convicted by a court-martial of gambling shall be convicted by a court-martial. An officer them to be illegal, and say they shall not be be cashiered. A court-martial will not con- charged before a court-martial with "gam- practiced, and a military officer would fall vict any man of betting in the ordinary accept | bling for gain" I do not think could possibly within such rule the same as a civilian if he ation of that term.

be convicted under any circumstances which I practiced them. But I do not believe that it Mr. JOHNSON. Why not?

can imagine, as courts-martial are constituted will be possible to carry out this law. Mr. CONNESS. The Senator asks why not. for the trial of officers, unless he were actually In the next place, it is about as hard work to Because courts-martial are presumed to be guilty of what all would agree was gambling so manage an Army or a Navy as it is a choir of and are composed of sensible men; and when as to be pernicious in its example to his com: country singers. All sorts of little petty jealthe offense amounts to that degree of abuse mand. If such language as this will not reach ousies are got up. Here is a little otlicer who that it will secure the attention of a court the difficulty which now exists I do not know wants to get another one's place, and he will matial and a conviction by a caurt-martial, the of any that will, and it is seriously true that the say "he gambled at Fort Churchill, in Nevada; officer is unfit for the service. Gambling has | practice of gambling for gain is one exceed- he bet four shillings; he held a better hand in been and is now to some extent, it certainly | ingly disastrous not only in its example to the cards than the Senator from Massachusetts." has been one of the greatest abuses of the Army. ) command, but disastrous to the oflicers them. [Laughter.] Well, sir, it was done harmlessly, It has been a common habit at the western selves. I have myself known paymasters that nobody injured, the public funds did not suffer. posts, and it constitutes one of the objections made it a habit when they came to pay off the He sleeps on it a month or two until this linto entrance into the Army. The Senator from troops, after having paid the oflicers to encour- gering enmity is aroused, and then he has the Connecticut, I understand, wishes to prepare age gatherings for the purpose of gambling officer court-martialed, and it costs the Gov. a substitute, and I yield to him for that pur. and win back from them half, three fourths, ernment two or three or four hundred dollars pose.

and frequently the whole of their pay. It does to try him when he had bet a half dollar; the Mr. FERRY. I think this substitute will seem as if something ought to be done to reach officer is cashiered, and the little rascal' that

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has meddled with it is promoted as he knocks Mr. CONNESS. I do not know that my over and over again what is conduct unbecom. the one forward of him out of place. I know knowledge extends so far as described by the ing an officer and a gentleman, and wbat is how easy these things are got up in the Army honorable Senator from Nevada [Mr. Nye) conduct prejudicial to good order and military and in the Navy.

when he was up. According to my own esti- discipline. Mr. CONNESS. Have you ever been in mate it does not. I do not even pretend to Mr. NYE. Certainly. Then why not leave the Army?

know as much of this subject as the honorable it in that way, and say that the court-martial Mr. NYE. Yes, sir, I have been. Now, I Senator. I think it would be double assurance shall have power, as I understand the Senator bope the honorable Senator will give me the in me to do so. But, sir, I am not in favor of from Connecticut to say they now haveadvantage of my experience. [Langhter.] Il gambling. I believe it to be one of the most Mr. FERRY. Not at all; I was making a have never seen anything but what the honor. serious vices to which human nature is addicted. | parallel. able Senator knew more about than everybody | The officer who learns it in the Army is unfitted Mr. NYE. But I understood the Senator to else. [Laughter.] But I am glad there is one for civil life thereafter, if he should see fit to say that officers had been tried to his knowlplace I have been where he has not. [Laugh- leave the Army, for the babit once formed is | edge. ter.] I know the enmity and the little cliques very rarely overcome in life. I think gambling Mr. FERRY. For gambling with the comthat are got up in the Army among officers. is worse than drunkenness as a habit. I think mon soldiers. I never knew an instance of You never see them at a post in the West, a men will do more evil and wrong who are officers being tried for gambling with each post on the frontier or anywhere, but what the infatuated with that passion than perhaps under other. lower officers are always quarreling with the any other to which men are addicted.

Mr. NYE. I suppose they were convicted, higher. Adopt this provision, and they can I do not care whether we have gentlemen if convicted at all, upon the charge of conduct get up little stories about gambling, and have among us who like whist-playing, or who cer- unbecoming an officer, by indulging in too free courts-martial out in a snow drist, and the first tainly have a high estimation of it, judging | intercourse with the soldiers over whom he had thing a man knows he wakes up with his com- from their participation in the debate; but

command. mission taken from him by some little fellow | gambling, may be done by playing whist, Mr. FERRY. Conduct prejudicial to good whose wurd you would not take under oath. although it is not generally, because it is a long order. I do not propose to submit honorable gentle- || game, and gamblers generally seek shorter Mr. NYE. I can well see that that would men in the Army to that liability to be injured. games. They want to get at the stakes more be a good charge, and if I was sitting on a If the honorable Senator from Massachusetts readily. But a man who should seek to avoid court-martial I think I would convict an offiwants to say that any paymaster of the Army the law and play whist, and bet fifty dollars on cer who would do that. But. sir, that does that shall be found gambling at any game a game, would certainly be engaged in gam- not answer the objection, or if it does we need while he is acting in that capacity shall be i bling, palpably so. All communities protect no further legislation on the subject. If cashiered I will vote for it.

themselves against gambling by passing laws | already officers are allowed to take cognizance Mr. POMEROY. And quartermasters. against it and treating it as a contraband prac- of the offense as punishable by court-martial

Mr. NYE. Any person of that kind; but tice, one against morals and good conduct we certainly need no further legislation. And to say that every officer of the Army who bets and order. It is our duty especially to do so, I believe after all, with a full appreciation of half a dollar on a cock fight or half a dollar I think, in regard to the Army and Navy. They the high sense of duty of the honorable Senor $100 on a horse race shall be liable to be are public servants. They give their lives to a ator from Massachusetts, that he will find that court-martialed is nonsense. It is establish- | profession; and the interests of a nation often any enactment on the subject will be but waste ing a rule for the Army that is established for hang upon the conduct of a comparatively few paper. I know that officers of the Army are no other class of society. I do not believe in of them, and perhaps a single one. If they are men of high sense of honor, and if they find a singling out that class of men who are as hon- naval officers, and they acquire the habit of fellow-officer gambling with either officers or orable men as are to be found in other posi- | gaming, and then go into civil life and engage soldiers, in a manner that would affect the tions to be dealt with in that way. Therefore, in the commercial marine of the country, and discipline or good order of the Army, they sir, it was that I interposed in behalf of the carry their habits of gaming there, they are would try bim of that offense and convict him. oslicers of the Army that they shall not be sub- often at their game when their ships go upon Now, I hope that that being the case, as is jected to the risk that will follow such a pro- the rocks and great injury is done to property admitted by men who know far more about vision; and I hope as my friend near me (Mr. and society. I believe that the common prac- these things than I do, the legislation will HENDRICKS] expects to be commander-in-chief tice of gaming ought to be prohibited in the stand where it is unless whatever is proposed of all the armies he will come to my aid on this Army; and, as suggested by the Senator from is very clearly defined. important question.

Connecticut, the determination of what con- Mr. CONKLING. I should like to hear the Mr. WILSON. I have no practical knowl. stitutes gambling must be left to the courts- amendment read. edge of this matter. I never saw the inside of martial. They will not certainly take cogni- Mr. JOHNSON. I suppose the honorable a gambling house in my life, and never saw any zance of an ordinary game at cards, such as member from Connecticut suggests his amendgambiing; but I remember that during all the all persons, perhaps, or nearly all, certainly ment as a substitute for the other. years of the war the evils of gambling in the very many, engage in; but the habit of gam- Mr. FERRY. Yes, sir. I understood the Army were manifest. Some officers to whom bling, the proneness to bet, make wagers, Senator from Massachusetts to accept it as a were intrusted the funds of the Government should be stopped and prohibited, I think. I substitute. gambled, lost the money, and were ruined. shall certainly vote for the amendinent.

Mr. JOHNSON. That renders it, I think, Other officers in the Army not only gambled

Mr. NYE. Mr. President, I by no means less obnoxious than the original amendment with their fellow-officers, but some of them meant to say that the Senator from California proposed by the honorable member from Maseven got so low as to gamble with the common knew more about gambling than I did, though sachusetts. But it seems to me it would be a soldiers, and many such persons were tried and I do not gamble. But ever since the world has sufficient guard against the dangers which now dismissed the service during the war.

been formed into society there have been laws exist to make the prohibition apply to officers Mr. FRELINGHUYSEN. Under what law? and rules prohibiting gambling. There are of the Army who are intrusted with public Mr. WILSON. I do not know.

laws prohibiting gambling in this city; and yet funds. I think it would lead possibly to a great Mr. FERRY. If it was gambling with a every officer in the city knows that there are deal of bad feeling if the Army officers may common soldier, I snppose they were tried for gambling-houses here, and men gamble there be troubled to defend the crime by prosecutions conduct unbecoming an officer and a gentle. almost for fabulous sums. My rule is not to for having violated the law if it stands even in

pass laws that are not enforced and cannot be the way suggested by the honorable member Mr. WILSON. It is a fact. I have it from enforced, and I most especially object to leav- from Connecticut. I think we ought to progenerals in the Army, officers high in rank. ing it to any board or court-martial to determ- hibit any disbursing officer of the Army from This very article was written on the suggestion ine what gambling is. The effect, if that gambling at all in any way. The temptation of a major general, an officer high in the Army. were done, would be that one board would con- that gambling subjects him

to very often leads Mr. NYE. He has probably lost.

strue a bet into gambling, however trifling ; him to hazard the public funds. Cases have Mr. WILSON. No, I think not. I do not another board would say that it was not gam- arisen over and over again of loss to the Uni. know how much deference is to be paid to the bling; and the rule meted out to officers for the ted States consequent upon the gambling of. opinions of chaplains, but I have received sev- offense, if offense it be, would be as different disbursing officers; but in relation to the other eral letters during the present session and in as the different boards who sat and pronounced officers of the Army they hazard their own past years from chaplains in the Army, saying | judgment. No, sir; if we are to make gam- money, be it more or be it less; and I do not ihat one of the most demoralizing things in the bling a crime especially applicable to the Army, know that they have been subjected to any Army is gambling. I tliink, therefore, it would define with great care and precision what shall || injury more than that which attends every other be wise in these new rules and articles to pro- constitute gambling. Above all other things, | person who plays from time to time for money, bibit gambling. I supposed everybody under | sir, I would not leave it to any board of officers whether he be in the civil or military or naval stood what it meant. I am willing to take the with the prejudice incident to nature and to service.. I should prefer, therefore, that the amendment offered by the Senator from Con- their employment to determine what gambling | prohibition should be limited to officers who necticut, with the definition he has there given, was; but they should go to the letter of the are intrusted with public money, gambling for gain."

That amendment says law and bring their judgment to square with Mr. WILSON. I hope we shall have a vote. nothing about betting. I think we ought, at the law itself. No, sir; the theory that because Mr. DAVIS. I would suggest to the hon: any rate, to do as mneh as will let it be under:

officers are to sit upon officers there is no danger orable chairman of the Committee on Military stood that we prohibit gambling; As these of wrong being done I do not assent to. Affairs that he limit the prohibition to officers oflicers are to be tried by officers I take it that Mr. FERRY. The Senator will allow me who are charged with the custody and disburseno man will be punished unless he deserves it. to suggest that courts-martial have to decide ment of public money.

man.

a

66

cause.

a

Mr. WILSON. I will say to the Senator mitted thoughtlessly. That seems to me en

Senator from Massachusetts proposes to repeal, that I offered to do that, but some Senator tirely too severe. I am quite willing to vote provides : objected.

for a provision which shall strike at those who "That the Secretary of War be, and he is hereby, Mr. DAVIS. I think that would be a whole. are addicted to the habit, and who are likely to directed to have prepared, and to report to Congress, some provision. demoralize others and spread a bad influence

at its next session, a code of regulations for the gov

ernment of the Army and of the militia in actual Mr. FERRY. The Senator from Maryland in the Army. As the provision now stands, service, which shall embrace all necessary orders and the Senator from Kentucky both seem to however, a single deviation from high pro- and forms of a general character for the performme to overlook the real object of any such | priety might entail upon an officer the disgrace

ance of all duties incumbent on officers and men in article.

the military service, including rules for the governThe real object is not the protection and injury of a peremptory dismissal from ser- ment of courts-martial. The existing regulations to of property; it is the protection of the service vice.

remain in force until Congress shall have acted on from the deleterious consequences of gambling It is idle to say that a court-martial will not

said report." among its officers. That is the object of the convict a man upless the case is very gross. Now, if you repeal that section and leave it article; it is the object of almost all these | They are to try the officer upon specific charges to customary law, as it was before that act was articles; and it is agreed by all the testimony || setting forth specific facts.

passed, it reposes in the President of the United that we have that this practice is deleterious If they find them they are bound to return the States the supreme control of the whole reguto the service, and being so, it has been charges and specifications“ found" and report lations of the Army, aside from these that are thought advisable to suggest a proposition that the officer is guilty. They have no dis. called the Articles of War. I am free to say whereby the practice among the officers of the cretion but a peremptory dismissal from the that in the existing condition of things, I am Army of gambling for gain, which is intelli- service. I think a law of that kind will not be entirely opposed to turning over to the Presigible to the common sense, as it seems to me, enforced in many cases, and when it is enforced dent of the United States the law for the reguof every one, should be prevented.

it will produce, perhaps, inconvenience and lation of the Army. Mr. DAVIS. The honorable Senator from hardshipin practical cases. I should therefore Mr. WILSON. I have simply to say that Connecticut I think attributes the effect as the desire to vote for the provision changed so as to all the regulations for the government of the

I do not think that gaming is the cause, read that the offense shall constitute common Army have always been issued in that way, but it is the consequence of a general demor gambling. There are blacklegs in the Army, and this provision was put in the law of 1866 alizing influence in camp life. During the late as they are called; there are men who follow the by the persistency of one gentleman. It was war one of the most gallant soldiers and col- practice of fleecing green people, whose delight a great mistake at the time; and I venture to onels in the Kentucky service informed me it is to seduce the young and the foolish into say that if the regulations are reported here that he was called to witness the death of one this habit. I would strike with a severe hand we shall never enact them. It may, perhaps, of his most esteemed soldiers, and when he at all these people and even at an officer of just at this time be proper to retain that secgot to it he found the brother of that soldier merit in other respects who sank down into a tion of the law, I do not wish to press the engaged in a game of cards and not paying the common habit of gambling; for the good of amendment if Senators are opposed to it. · least

attention to his dying brother whose im. the public service I should permit him to be But I will say that the Secretary of War is mortal soul was about to take its flight to dismissed; but as now proposed this provision very desirous to issue the rules and regulations another world. It is the camp that prepares seems to be unreasonable and improper. that have been prepared with a great deal of the heart and the mind of men who live in it Mr. FERRY. I think in the suggestion. || care and labor. I have no idea that if they for such practices as gaming and a devotion to which is made as to the penalty proposed by || are sent here we shall ever legislate on the gaming io the extreme extent to which that the substitute, the suggestion of the Senator subject. unfortunate soldier had it. There is nothing from Pennsylvania deserves consideration; Mr. JOHNSON. Congress alone has the but id leness and vacuity in the camp in peace that possibly the limitation of the penalty to power to prescribe rules and regulations for times ; at least there is a great amount of it. the single punishment of dismissal from the || the Army--a power which I do not think they

Men want to fill up their vacant hours, their service is improper; and I would therefore can delegate to the Secretary of War or to the idle time; and they do this by a resort to cards, modify the proposition by striking out the last | President. The rules which have been framed and you cannot devise any legislation that will words“ be dismissed from the service, and || by the officers of the Army may be very objec. stop it. It is like drinking, but not so bad. substituting in lieu thereof "shall suffer such tionable in every way; and I more than doubt I do not rate this vice as my honorable friend punishment as a court-martial shall impose, whether it is in our power, without a clear from California does. I have known many not exceeding dismissal from the service.'' abandonment of the constitutional provision, gamesters to reform wholly; I have never Mr. EDMUNDS. That is all right.

to let the Army be governed by rules and reg. known but one or two drunkards in my life- The PRESIDENT pro tempore. The ques- ulations which have never received the supertime that did reforin. The amount of evil in tion is on the amendment as modified.

vision of Congress. If the Army has been the world that results from drinking, to my The amendment, as modified, was agreed to. || governed in the past by rules and regulations mind, is, without calculation, greater than that Mr. WILSON. I move to amend the bill on prescribed by Congress, and will be governed which results from gaming, though they are page 39, article one hundred and four, line for the future by the Articles of War which we both great vices, and productive, in a greater seven, by striking out the word “specific." are now about to establish, I do not see any or less extent, of unmitigated evil. But the The proviso to that article reads:

necessity for prescribing other rules, at any rate idea of having a provision of this kind in the

Pror ided, That no regulations or orders shall be for the few months that are to intervene between articles of war that cannot be executed, that made in conflict with the Rules or Articles of War, the termination of this session and the comno man in the Army will have the disposition or with any specific act of Congress.

mencement of the next. I submit to my friend to execute, is to my mind very idle. I believe I think it is proper to say “any act of from Massachusetts that perhaps we have no that a disbursing officer ought not to be allowed Congress." lo game, and there ought to be rigorous pro

The amendment was agreed to.

authority to devolve upon the Secretary of

War or ihe President of the United States the visions in the articles of war to prevent officers Mr. WILSON. I have one other amend.

power to prescribe rules and regulations. of that class from gaming.

ment to propose. It is to insert as an additional Mr. WILSON. Congress gave this power Bank officers, merchants' clerks, who have section the following:

to the President and Secretary of War more access to money, paymasters, quartermasters And be it further enacted. That section thirty-seven than twenty years ago. Congress had legislated and other disbursers of the public money ought

of the act entitled * An act to increase and fix the not to be allowed to game if it is possible to military peace establishment of the United States.'

on the subject, but on the recommendation of approved July 28, 1866, be, and the same is hereby, General Scott Congress gave the power to the stop it; and I admit the reasonableness of repealed.

Secretary of War to issue his orders and modify legislation or of an effort to legislate so as to I will simply say that in the act reorganizing and change them according to circumstances, stop it entirely; but when you lay down a gen. the Army after the war, it was provided that and from that time up to the passage of the eral rule that an officer who is charged with the Secretary of War should prepare rules and act in 1866, a period of twenty years, through gaming, or with gaming with a view to gain, regulations for the government of the Army | the Mexican war and through the last war, because, as the honorable Senator from Nevada and militia called into the service. These rules and regulations by the authority of Con. says, all gaming results from avarice and from rules have been made. I believe there are gress were issued by the War Department and a desire to win, to gain, there is 110 other over two hundred of them in number. They | modified and changed according to the needs gaming ; but when you endeavor to suppress have not been reported to Congress; and these of the country. However, as I am anxious to that in the Army by such a provision as is now Articles of War provide that the Secretary of get this bill through, I will withdraw the amendunder consideration, you attempt that which War or the President shall have the power to ment to gratify my friend from Vermont, wlio, is utterly impossible, and that brings the rules issue these rules and regulations. The object || I know, will be exceedingly pleased to have it and regulations of the Army rather into con is to repeal that act requiring these rules and withdrawn. tempt than to effect. I do not game. I deem regulations to be submitted to Congress and The PRESIDENT pro tempore. The amend. the evil and deleterious influence of both the enacted. It may be desirable to change them, ment of the Senator from Massachusetts is vices to which I have referred. I would be and to change them often, according to the withdrawn. very glad if they both could be eradicated, not condition and circumstances of the country, Mr. THAYER. On page 29, article eighty. only from the Army but from the world. and therefore it is proposed to repeal this law, three, I move to strike out all of the article

Mr. BUCKALEW. I think there is and so that these regulations may be issued by the after the word "rank,'' at the end of the third ought to be a prohibition against gambling in War Department and modified according to line, and to insert the words “according to the the Army, and I think it should be one against their wishes, not inconsistent with the laws of dates of their commissious." The words to be common gambling, and not punish by so severe Congress or with these Articles of War. striken out are : an infliction as dismissal from the service for Mr. EDMUNDS. I doubt the propriety of Next after officers of the like grade in said regular a single offense, which may have been com- that. The thirty-seventh section, which the for cos, notwithstanding the commissions of such

volunteer or militia officers may be older than the şuch sentence other than imprisonment, or hard

Mr. DAVIS. I move to strike out the tenth commissions of the officers of the regular forces: labor, or both.

article, which reads in these words: Provided, That this distinction shall not exist when

The amendment was agreed to. said volunteer or inilitia olivers shall have been in

No oflicer shall be tried but by a general courttoe service of the United States an equal length of Mr. BUCKALEV. On page 39, article martial, nor by officers of an inferior rank, if, in tho time with the said regular ollicers. one hundred and four, I move to strike out

judgment of the officer appointing the court, it can So that the article will read:

be avoided, without detriment to the public service. what follows the word "Army," in the second ART. 83. Volunteer or militia officers in the mililine. I do not care about striking out the

Now, sir, I should like to know, under this tary service of the United States shall, when employed in conjunction with the regular forces of the proviso, and I suppose it will be unnecessary,

provision, how the General of the Ariny or the United States, take rank according to the dates of

The Chief Clerk read the clause proposed by court-martial? I suppose if those figli otti

Lieutenant General of the Army could be tried their commissions.

to be stricken out, as follows: The amendment was agreed to.

cers committed offenses deserving of punishAnd to amend the general regulations for the govMr. FERRY. The eleventh, fifteenth, sixernment of the Army, or make new regulations, as

ment that they are the most proper of all subthe circumstances of the service may require. jects to receive it, and I think the honorable teenth, and thirty-second articles prescribe to

So that the article will read:

chairman of the Committee on Military Affairs a certain extent punishments to be inflicted by

The President of the United States shall have the different classes of courts-martial and by

ought to devise some mode by which a tribunal power to prescribe the uniform of the Army: Prothe commanding officers of detachments when

that would be competent to try both of those vided, That no regulations or orders shall be made necessary. I judge by the tenor of the articles in conflict with the Rules and Articles of War, or

officers should be formed. that it is intended that no other punishments with any specific act of Congress.

Mr. FERRY. The subject of this article,

Mr. BUCKALEW. This is the same ques. than those named in the articles shall be in

which has always been in the Articles of War, flicted ; yet as the articles stand the same lib

tion that was raised by the amendment that is to prevent a court being constituted of in

was moved by the Senator from Massachusetts terested tryers, so that interior officers shall erty of corporal punishment will continue as exisied during the late war.

and withdrawn. The power is given specific- not try their superior, and convict him, and

I propose to amend these articles, of which an illustration ally to Congress in words which are familiar rise and take his place. There is no difficulty

to all the members of the Senate. will be the amendment to article fifteen, which

The whatever in trying the General of the Army, power is:

because in that case it would fall within the provides: No garrison, regimental, battalion, or detachment

"To make rules for the government and regulation concluding clause of the article, whereby an court-martial shall bave power to try capital cases; of the land and naval forces."

an officer may be tried by officers of an innor shall any such court include as a part of its sen- Obviously, this is a power to be exercised ferior rank if it cannot be avoided. tence upon any soldier a fine exceeding two inonths'

by Congress itself, and not delegated to the Mr. DAVIS. Will the Senator read the pay, nor imprison, nor put to hard labor any soldier Tor a longer period than two months.

Secretary of War, the President, or any other provision to which he has just referred that To that I propose to add :

authority whatever. If they require any new provides for that? Nor shall any corporal punishment be imposed

rules let them suggest them to Congress, and Mr. FERRY. The concluding clause of the by such sentence other than imprisonment or hard of course if they are reasonable they can get tenth article provides that a superior officer labor, or both.

them enacted in a constitutional law. I think may be tried by inferiors, where the placing of I propose also an amendment in similar lan. this clause ought to be stricken out,

inferiors upon the court-martial cannot be gnage to the eleventh, sixteenth, and thirty- The amendment was agreed to.

avoided without detriment to the public ser. second articles, the principle of all being the Mr. BUCKALEW. I have no amendment | vice. It is in the article itself. same. The object which I have is this: flog. in regard to the one hundredth article, but I

Mr. DAVIS. I did not interpret it as my ging in the Army was abolished years ago; but take it to be a very indefinite and objectionable || honorable friend does. It reads: during the recent war other corporal punish- one., It reads:

No oflicer shall be tried but by a general courtments, in my judgment infinitely worse than Al crimes not capital, and all disorders and neg

martial, nor by officers of an inferior rank, if, in the fogging, were inflicted upon the soldiers, both leots which officers or soldiers may be guilty of, to

judgment of the officer appointing the court, it can by order of detachinent commanders and by thougti not mentioned in these Rules and Articles

be avoided without detriment to the public service. the prejudice of good order and military discipline,

What does that mean? The language is these inferior courts-martial, and, as I think, of War, are to be taken cognizance of by a courtinvariably almost with an evil effect, such as martial, according to the nature and degree of the

obscure, I think, in its reading and sense. Suptying up to the wheels of gun-carriages, bang

offense, and are to be punished at the discretion of pose, now, the General of the Army was to

the court. ing up by the thumbs, inclosing in barrels like

commit a military offense for which he ght

I think that is a very remarkable article. It a pillory, and the like. Those things, in my

to be subject to a court-martial, who would be has no reference to the usages of war. There

the officer that would direct the convening of judgment, should be stopped. I have therefore prepared amendments to each of these prevail in the administration of justice in times

is no reference to the military principles which a court-martial to try him? articles to accomplish that result; so that,

Mr. FERRY. The President of the United under the Articles of War as now to be adopted,

of war or in military operations. Everything | States.

is left indefinite and at the discretion of any the punishments to be inflicted will be only in

Mr. DAVIS. I suppose the President of the capital cases death; in other cases fine or im- this article ought not to be incorporated in the

court that may be convened. It seems to me United States could direct a court-martial in prisonment or hard labor, or a combination general code, and left to the administration of

any case and in every case. I think so because of some of the latter three, which is accom

he is the Commander-in-Chief of the Army, plished by adding to each of these articles the anybody who happens to hold a commission

and he may do any and every act that a comunder the United States, with authority to words which I have suggested. The first in

mander-in-chief of the British arinies could order would be the eleventh article to add:

convene a military court. I move to strike | do. according to my judgment of the Consti

out the article, unless some amendment of it tution. I do not think it is very well expressed ; But except in capital cases nn corporal punishment shall be imposed by sentence of a general court-marcan be suggested.

but if that be the meaning of article ten, that tial other than imprisonment, or hard labor, or Mr. FERRY. Why, Mr. President, I would the President may order a court, be it so. I both.

inquire of the chairman of the committee if Punishments not corporal, such as dismissal | there is any article providing for the cog.

will withdraw that motion; and I ask the hon.

orable Senator's attention to another objection from service, cashiering, and fine, of course nizance of courts-martial over offenses to the

which I take. Article twelve provides for milare not affected by the amendment. I move prejudice of good order and military discipline | itary commissions, and it gives the inilitary that amendment to the eleventh article, to be besides this?

commissions more authority than it does the added at the end of the article.

Mr. EDMUNDS. None at all.
Mr. WILSON. I hope that the amend- Mr. FERRY. It is absolutely necessary in

regular courts-martial. Article six provides

for courts-martial as follows: ment suggested by the Senator from Connecti- time of war to have this discretion, however

Any general officer commanding an army in the cut will be adopted.

dangerous it might be in time of peace, field, or other officer not below the grade of colonel The amendment was agreed to. Mr. BUCKALEW. This article also in- commanding a gcographical division, a department,

ordistrict, may appoint general courts-martinl whenMr. FERRY. I now move to add at the cludes mere "neglects.". It makes no refer

ever necessary. But no sentence of any court-inarend of the fifteenth article the following:

ence to any military code or military usage. tial shall be carried into execution until after the Nor shall any corporal punishinent be imposed by It leaves everything perfectly at the discretion whole proceedings shall have been laid before the such sentence other than imprisonment, or hard of the tribunal in the case,

officer ordering the same, or his successor in office. labor, or both.

Mr. FERRY. But there is a military usage Now, I ask the attention of the honorable Mr. JOHNSON. That is the same thing. as well known as the common law by which Senator to this part of the article : Mr. FERRY. Yes, sir; it is all the same courts-martial are guided.

Neither shall any sentence of a general court-marapplied to these different articles.

Mr. BUCKALLW. But as this article is tial in time of peace, exiending to the loss of life or The amendment was agreed to. drawu it does not refer to it.

the dismissal of an officer, or which shall, either in

time of peace or war, respect a general officer, be Mr. FERRY. I now move to amend the Mr. EDMUNDS. If my friend from Penn- carried into execution until after tho whole proceedsixteenth article by inserting after the word sylvania will pardon me, I suggest to him that

ings shall have been transmitted to the Judge Advo“ month," in the fourteenth line, the words: that very article in totidem verbis has been in

cate General, to be laid before the Secretary of War

for the orders of the President of the United States Nor shall any corporal punishment be imposed by force for a period of sixty-two years. It is in in the case. such sentence other than imprisonment, or hard labor, or both.

these very words in the old Articles of War of Article twelve provides for military commisThe amendment was agreed to.

1806, being the ninth article there. It has not sions, as follows:

done any hurt so far. Mr. FERRY. The next amendment is in

In time of war or pablic danger military comThe PRESIDENT pro tempore. The ques- missions may be constitutod, and shall have jurisdiethe thirty.second article, to insert after the tion is on the inotion of the Senator from Pena.

tion over all offenses and offenders against the comword discipline,” in the sixth line, the words. sylvania to strike out the one hundredth article.

mon laws of war not cognizable by courts-martial.

Such courts shall be appointed in the same manner Nor shall any corporal punishment be imposed by The motion was not agreed to.

and by the same authority; shall consist of the liko

a

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