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number of officers with a judge advocate; shall be followers of the Army, and all citizens voluntarily confined to the theater of war at all, and
liable to the same restrictions and challenges, and residing or entering on any of the military and
shall possess the same powers and privileges for reg-

for this purpose I assume tbat the provision

Indian reservations with clearly-defined boundaries, ulating their proceedings and compelling the attend- shall be governed by these rules and articles, and

is that they shall exist only in time of war. ance of parties and witnesses at courts-martial. And shall be subject to be tried by courts-martial or mili- That limits them in time, but speaking of the sentences of sach military commissions may be tary commissions in like manner with the officers confirmed and executed by the officer ordering the and soldiers in the service of the United States."

space, they may range the realms. There is court or his successor in office, or by a common superior, who sball have power also to pardon or to There you have a complete claim of juris. nothing confining their action to the theater

of war, actual or constructive. That is one mitigate such sentences, as provided in the case of

diction conferred in strong general terms. courts-martial.

Now, what I desire to call particular attention

proposition. Now, I suppose that a military commission to is the twelfth article, which reads as follows:

There is another suggestion to which I ask

the attention of the chairman of the Commitwould be authorized to dismiss a general from In time of war or public danger office by its sentence; a court-martial would

tee on Military Affairs. The provision is, that

wbich may not be a time of warnot. If it were to deprive an officer of his

these tribunals shall have jurisdiction over all rank, dismiss him from ihe service, or sentence

military commissions may be constituted, and shall offenses and offenders against the laws of war

have jurisdiction over all offenses and offenders him to death, before that sentence could be against the laws of war not recognizable by courts

not cognizable by courts-martial. It will be martial.

absurd that if only those instances of offense executed the whole proceeding would have to be sent to the Judge Advocate General, to be

That is a very extraordinary article. I ven

were contemplated covered by the eleventh laid, through the Secretary of War, before the ture to say that nothing like that will be found

article and the ninety-seventh article, this artiPresident for his approval. Such is not the

in the Rules and Articles of War heretofore cle would be entirely surplusage. If the Sen

ator from Massachusetts will give me his atten. requisition in reference to sentences of military | adopted in this country. The article goes on

tion at this moment I shall be obliged to him, commissions. If they dismiss an officer who

because this is a matter which has been very is of the grade of general from the Army, the Such courts shall be appointed in the samo manofficer who ordered the convening of the inili.

ner and by the same authority; shall consist of the

much discussed, and which has led to great

like number of officers, with a judge advocate; shall itary commission would have the power to

disturbance and ill-feeling in the portions of

be liable to the same restrictions and challenges; confirm the sentence without any appeal to the

the country with which I am most familiar. I

with further provisions for the enforcement of President, or without giving him any opportu

say that there is nothing confining the opera. the sentences. Now, sir, we are familiar with nity of revising and reversing the sentence. It

tion of this article to persons conuected with

the system which is provided for by the eleventh seems to me there is an incongruity between

the military service or in the military service.

and ninth articles. * All military offenses and if it were so confined, it would be entirely surthe two provisions, and that the regular courts

military offenders may be taken possession of plusage, because article eleven and article martial would have a better right to have their by courts-martial, and by the ninety-seventh ninety-seven bring within the jurisdiction of sentences absolute and unrepealable than the article we extend that jurisdiction over team- courts-martial every offense known to the Roles military commissions. I think that ought to

sters and camp-followers, Army contractors, and Articles of War committed by a person subbe corrected.

and persons who may be temporarily within The PRESIDENT pro tempore. The ques

ject to those articles, so that the Senator will military possessions or within camp limits. see that it follows that this ar le is specially tion is on striking out this article.

Woat, then, is the necessity for the twelfth leveled at men who in no sense are subject to The amendment was rejected. article?

the Rules and Articles of War; so that standing The bill was reported to the Senate as amend- Mr. WILSON. If the Senator desires to

as it does the section may, and I think should, ed, and the amendments were concurred in. strike out the words “public danger'. I have be construed to mean that in time of war or Mr. DAVIS. There is one feature in these

no objection to that; but certainly within the insurrection a civilian, a private citizen, wholly articles that I do not like. I have not had an

limits of the Army in time of war it is neces. disconnected with military operations or mili. opportunity of reading them carefully; and if

sary to have some such provision as that, and tary obligations, and widely removed from the I had that opportunity, whether I should object the Supreme Court have settled the question to them or not would be a matter of very lit

theater of war, may be tried for an offense outside of the limits of the Army in the decis. committed against these articles, or denounced tle moment. But the first article, which regu. ion made in the Indiana case.

by the articles before a military coinmission. lates the oaths that are to be taken by Army Mr. BUCKALEW. I will move to strike If that is the intention of the committee, the officers, amounts to an absolute proscription out the words "public danger."'.

design is to take issue with a very powerful of all men who were engaged in the rebel ser- Mr. FERRY. And insert “insurrection" vice. I do not think that is very wise justice, in lieu thereof.

current of sentiment and of somewhat enlight

ened opinion in this country. although it may be stern justice. I think that

Mr. BUCKALEW. Yes; so as to read "

Mr. FRELINGHUYSEN. I would ask the the subject of bringing men who were engaged or insurrection." Insurrection would be war, Senator from New York whether the difficulty in rebellion into the Army of the United or might be war.

would not be met by adding after “ courts. States may

be safely left to the appointing The PRESIDENT pro tempore. The ques- martial" the words," committed within the power, the President and the Senate; but this

tion is on that amendment in article twelve, theater of war?!? form of oath forever proscribes every man who | line one, to strike out the words “public Mr. CONKLING. Yes, sir; I think that was engaged in the rebel service. I think it | danger” and ineert " insurrection ;" so as to is time for the obduracy and the extremity of

would be a very wholesome restriction, if the read: “In time of war or insurrection military || bonorable chairman of the Committee on Milthat feeling to relax. I admit that there are commissions may be constituted," &c.

itary Affairs has no objection to it. not inany of them that I at present would be The amendment was agreed to.

Mr. WILSON. I am willing to accept that. willing to to bring into the military service of the

Mr. BUCKALEW. That will remove one That is what I suppose, according to the decisUnited States; but I know a few in whose

ion of the Supreme Court, would be the confidelity to the Government, if they were brought objection to the article. I suppose it is unin, I would trust as soon as I would that of necessary for me to raise the question of these struction of it.

Mr. EDMUNDS. It would be so construed; most men. But it seems to me that it is time military commissions as distinct from courts

but you had better put those words in. that a great conquering party were exercising martial, and point out the absence of any clemency. We have all read of Cæsar, one

Mr. CONKLING. I think it is very well necessity which can justify their institution. I of the greatest men and one of the greatest

have simply called attention to this article with to put them in; and if they may be put in military commanders that the world has ever a desire of expressing my view upon it. by consent, I wish to make one other sugges

tion which will take but a moment. It will produced. Of all his great and noble quali

Mr. CONKLING. I do not know precisely ties his clemency was that which commended

how far the Senator having this bill in charge be observed, that even with that addition, imhim most to the consideration and esteem of

means to shut the door. But particularly as proving the section very much, as I think it

a question has been raised upon it, I think it does, there is still room for this criticism: perthe Roman people. I think that it looks too

is well to examine this article a little in one or sons within the theater of war so disconnected proscriptive, too inexorable, too unrelenting tu introduce these oaths into the Rules and Arti

two other respects wbich I have been thinking with military operations that they do not fall cles of War; and I think that everything that of. Now, although “insurrection” is substi. within the range of the constitutional provis

ion on that subject, nor within the range of could be necessary in the exclusion of men who

these other articles, are still amenable to trial went into the rebel service might be fully accomplished by leaving the whole subject matter

time I will move an executive session, and let and punishment before a military coministhis bill go over until to-morrow.

sion. That may be right; but let us see what to the appointing power of the Government. Gentlemen, no doubt, would differ with me. I

Mr. CONKLING. I do not wish much time; it means before we do it. Here was the case

and I will remind the Senator that this is the of Clement L. Vallandigham, which would merely express this sentiment with a view of announcing that which I feel, and for no other

first time I have made a suggestion about this fall, as I understand it, precisely within this bill, and I intend to make it very brief.

article as it stands. Perhaps that case should purpose. Mr. BUCKALEW. By the eleventh article

Mr. POMEROY. I only made the sugges- fall within it; but by parity of reasoning the it is provided that

tion with a view to having an executive session Senator will see that other cases of a much in case the Senator desired time.

milder type than that would be, geographically General courts-martial shall have jurisdiction over all military offenses and offenders.

Mr. CONKLING. I do not wish to inter- and in point of jurisdiction, so placed that this

fere with the bill at all; but I desire to make Then by the ninety-seventh article it is pro

section would operate upon thein. Unless that vided that

a single suggestion about this point, which, I be absolutely necessary, I think we had better

think, it is well to think of now. Although keep off that ground. All officers, soldiers, teamsters, or other persons

"insurrection has been substituted for the ex- Mr. WILSON. The Senator, I think, does whomsoever, receiving pay or hire in the service of the United States in connection with the Army, as

pression “public danger," it will be observed, not mean to say that we do not need such & also all sutlers, traders, Army contractors, and other Il first, that military commissions are not to be provision as that. I think this country would

40TH Cong. 2D SESS. --No, 225.

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have had a very hard struggle if we could not are not attached to the Army or to the Navy, am utterly amazed that anybody should suggest have organized military commissions to try for more than five years, and I intend to keep here to-night throwing away the power to do a offenses.

up my protest as long as I have the privilege | thing of that kind. Mr. CONKLING. I did not mean to go to make one. Now, the ninety-seventh article Mr. THAYER. The argument of the Seninto the discussion, and I do not mean to do it reads:

ator from Massachusetts applies to a state of now; but in answer to the Senator I will make

All officers, soldiers, teamsters, or other persons one remark. I never could understand the phi- whomsoever receiving pay or hire in the service of Mr. WILSON. This article only applies to

the United States, in connection with the Army, as losophy of many exhibitions that I saw during

a state of war. If the Senator will read the also allsutlers, traders, Army contractors, and other the war, with discerning men, intelligent men, followers of the Army, and all citizens voluntarily

article he will find that it is confined to a tiine and lawyers-exhibitions of extreme feeling,

residing or entering on any of the military and of war or insurrection.

Indian reservations with clearly defined boundaries, of deep disturbance which were made in refer

Mr. THAYER. I am speaking of the ninety. shall be governed by these rules and articles. ence to what were termed arbitrary arrests. I

seventh article.

That embraces many classes of men who by thought that many arrests were made which

Mr. WILSON. We are on the twelfth were denounced as arbitrary that should have the express provisions of the Constitution are

article. been made, and, as the Senator says, we should

exempted from the jurisdiction of military Mr. THAYER. I was alluding to the ninetyhave been in great difficulty without the power

tribunals. It covers all sutlers, all Army con- seventh article. to make them and the exercise of that power;

tractors. An Army contractor may be any. Mr. WILSON. I misunderstood the Senand yet I am free to say here that in time of where in the United States, but if he were within

ator; I thought he was speaking of the twelfth the lines of the Army he would not be subject war or insurrection, and constructively within

article. the theater of war, in my belief the genius of to trial by a military court at all. That is one

Mr. THAYER. Not at all; I made no referour Government requires us to try offenders

of the constitutional liberties of the people of ence to it. Article ninety-seven provides:

the United States. That instrument providesbefore civil tribunals wherever the civil tri.

All officers, soldiers, teamsters, or other persons bunals are open and are free to act. This sec

"That no person shall be held to answer for a cap- whomsoever, receiving pay or hire in the service of

ital or otherwise infamous crime unless on a present- the United States, in connection with the Army, 28 tion impairs the integrity of that idea, because

ment or indictment of a grand jury, except in cases also all sutlers, traders, Army contractors, and other it does mean undoubtedly that albeit civil tri- arising in the land or naval forces,' &c.

followers of the Army, and all citizens voluntarily bunals are open, a man who might there speedily To give a military tribunal jurisdiction to

residing or entering on any of the military and Inand effectually be tried may, nevertheless, at

dian reservations with clearly defined boundaries, try any man for any offense, he must be in the

shall be governed by these rules and articles, and the election of his prosecutors, be brought naval or military forces. That is the plain and shall be subject to be tried by courts-martial, or milibefore a military commission and subjected to literal meaning of the provision of the Consti

tary commissions, in like manner with the officers

and soldiers in the service of the United States. that species of trial. Now, my suggestion is tution, and its reason is obvious. It was never that some qualifying words which shall reduce intended by the framers of the Constitution

That applies clearly to a state of peace, and the operation of this article within those lim- that mere civilians who had no connection with

embraces classes of persons who were not emits which can be advocated on the ground of the Army, no proper responsibility to it, should

braced by the old Articles of War prior to the necessity would be desirable, and not leave it be deprived of the trial by jury after a present

late war, and whom it was never contemplated to unrestricted except as the honorable Senator ment or indictment of a grand jury and brought

make subject to trial by courts-martial and from New Jersey has restricted it by kis sug. before a military tribunal and tried by the arbi

military commissions. For instance, as I regestion, which I think is a very good one as trary proceedings of a court-martial. I know

marked just now, the article includes persons far as it goes, because it may still be said that that during the late war many contractors were

on Indian reservations. The military have the design is here to create a special tribunal | arrested upon the ground that they had com

nothing to do with the Indians upon the rescrunknown to the military law in its strict sense, mitted frauds upon the United States in their

vations. What control have they over a citizen and unknown to the genius of our Government, contracts for the Army. They no doubt were

who goes upon a military reservation, for that except so far as necessity in the first instance, | culpable and deserved punishment; but they

is also included? If a citizen goes upon : and legislation following that, brought it into did not merit punishment before military tribu

military reservation and commits an offense is being. nals, because they were exempt from trial by

he to be caught up and tried by court-martial I say in place of creating such a tribunal not military tribunals by the Constitution of the

or military commission? That is not dono only to try offenses upon which its operation country. Sir, I never have voted, and I never

even in regard to offenses committed by sol. may be necessary, but also to try offenses wbich will vote, for any bill or any provision in any

diers in our Army; they are brought in and are tryable in theory and in actual practice | bill that will subject a civilian to trial by a

tried by the United States district courts. I elsewhere, seems to me a mistake ; and I will military court or a military tribunal of any kind.

certainly am opposed to embracing tbat class suggest myself, if it be agreeable to the Sena- This ninety-seventh article does. The purpose

of persons.

I want these rules and articles tor, some restrictive words, or I will leave it or the effect of it is to sanction and confirm

to relate only to officers and soldiers ; and I to him. those irregular trials during the war. Sir, it is

move to amend that article by striking out all Mr. WILSON. I ask the Senator from New one of the rights of a citizen of the United States except the following words—York if he desires to move an amendment ? who is not in the land or the naval service of

The PRESIDENT pro tempore. There is an Mr. CONKLING. I believe the amendment the Government, that if he is charged with

amendment pending. which is pending has not yet been voted upon. any offense whatever, any violation of the law,

Mr. THAYER. Very well, then; I will Mr. WILSON. I certainly have no objec. he shall be brought before a civil court and

move it again. tion to restricting this article within the nar- tried by a jury of his peers according to the

Mr. BỰCKALEW. I move to strike out rowest limits of necessity, but I think it would

the twelfth article. modes of proceedings under the common law; be very hard to strike it out. and because this article violates that article of

Mr. WILSON. I hope not. The PRESIDENT pro tempore. The ques. the Constitution, I am opposed to it.

The motion was not agreed to. tion is on the amendment offered by the Sen- Mr. THAYER. It seems to me tbat this The PRESIDENT pro tempore. The ques. utor from New Jersey, to insert after 'courts- article is altogther too comprebensive in its

tion is on the amendment of the Senator from martial,'' in line four of the twelfth article, terms, and embraces classes of persons which New Jersey, [Mr. FRELINGHUYSEX.] the words " committed within the theater of should not be included in it. For instance, it The amendment was agreed to.

embraces all Indian reservations, and includes Mr. BUCKALEW. Now I move to add at Mr. CONKLING. I ask the Senator from

all persons who are on Indian, reservations. the end of that amendment the words and New Jersey to look at the text of the bill before The military have nothing to do with those where the civil tribunals cannot act;'' so as to adopting that phraseology. He will see that reservations, and no control whatever over make the article read : the phrase is "all offenses and offenders ;'' 80 them. Why should it be made to reach them? In time of war or insurrection military commisthat he can hardly say "' committed within the I see no reason for the article itself. I cer- sions may be constituted, and shall have jurisdiction threater of war," because that would apply to tainly am opposed to taking persons who are

over all offenses and offenders against the laws of offenders as well as 6 offenses.'

war not cognizable by courts-martial,committed and not in the military service, but are simply con- being within the theater of war and where the civil gest to him to vary the phraseology.

nected with it, as civilians in the employment tribunals cannot act. Mr. FRELINGHUYSEN. “Committed and of the quartermasters or commissary depart- Mr. DRAKE. I feel a great deal of disinbeing."

ments, and subjecting them to the Rules and clination to enter into any discussion with Mr. BUCKALEW. Allow me to suggest | Articles of War or trial hy court-martial and regard to this bill; but I have seen too much an amendment in the third line, after the word | military commission. I should prefer that the of the condition of things in a time of insur"offenders'.

whole article should be stricken out unless it rection to allow this amendment to be adopted The PRESIDENT pro tempore. An amend- is necessary to retain a part of it.

without expressing my dissent to it. If this ment is pending.

Mr. WILSON. This artiele has nothing to amendment is inserted, in my opinion thi Mr. BOCKALEW. I am suggesting to the || do with such persons. This article applies to article amounts to nothing, and although we Sepator from New Jersey to locate it in an- civilians in no way connected with the Army. may be surrounded and confronted on every other place. I suggest to him to insert after I should like to know how in Heaven's name side by rebellion, as we were for four years, the word "offenders,” in the third line, “'within we could have maintained the lives, the rights, the military power is shorn of its strength as the theater of military operations, and where and the liberties of the people over vast sec- to everybody who is not in the Army or within the civil tribunals cannot act."

tions of this country where they had no civil the immediate lines of the Army. If the amendMr. DAVIS. I, sir, am a worshiper of cours, or punished murderers or spies and ment is made, I take it that in the event of liberty according to the Constitution and the men committing every degree and grade of another rebellion it would constitute a license law. I have been protesting against the juris- crime, except by military commissions during for rebels outside of the region of the rebellion diction of inilitary tribunals over citizens who the rebellion? This is what it means; and 1 to engage in every description of scheme for

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the purpose of furthering the rebellion and Mr. DRAKE. May I ask the honorable The PRESIDENT pro tempore. The ques. aiding it with no power in the military of the Senator from New York, with regard to that, tion is on the motion to adjourn. country to deal with them as rebels and traitors. if the operation and effect of it is to be this: The motion was agreed to; there being on a

My doctrine is that when there is an insur- that in the event of another southern rebellion, | division-ayes 11, noes 6; and the Senate rection in a country aid and comfort may be or a northern one either, away from the imme- adjourned. given to that insurrection from every part of diate theater of the war, those engaged in the country, whether from the theater of war raising supplies to send to the rebels, in com. HOUSE OF REPRESENTATIVES. or not, and that every man who engages under municating privately information of the move. such circumstances in giving aid and comfort ments of the Government troops to them, or

Monday, June 29, 1868. to the rebellion, no matter whereabouts in the in any other form of treason to their country

The House met at twelve o'clock m. Prayer country he may be, should be subjected to the and Government, are to be turned over to the by the Chaplain, Rev. C. B. Boynton. military power and brought within the range civil tribunals ? "Is that the effect of the hon- The Journal of Saturday last was read and of its influence and effect; that if there is an orable Senator's amendment?

approved. insurrection in Virginia, and New York city is Mr. EDMUNDS. Treason must be tried T'he SPEAKER. This being Monday, the filled with traitors plotting and contriving to by a jury.

first business in order is the call of the States give aid and comfort to that insurrection, the Mr. DRAKE. To be tried by a jury of their and Territories for bills and joint resolutions military power of the Government should be own fellows in the crime, perhaps.

for reference to their appropriate committees, able to put its hand upon them there; that if, Mr. CONKLING. No, Mr. President; I not to be brought back into the House by a what is much more likely to be the case, another do not think that is the effect of the amend- motion to reconsider, commencing with the rebellion should ever spring up in the Gulf ment; certainly it is not the intention of the State of Maine. Under this call, memorials States, and thousands and tens of thousands amendment. The design of the amendment and resolutions of State and territorial Legis. of men in Kentucky should band together for is to provide that where there are courts which

latures may be presented. the purpose of giving aid and comfort to that will act as in the Indiana case, open and ready RAILROAD SUBSCRIPTION DY GEORGETOWN,D.C. rebellion, as they did during the late rebellion to be appealed to, an appeal shall be taken to

Mr. WELKER introduced a bill (H. R. No. that we have passed through, the Government those courts in place of going before a military should be able to put its military hand upon tribunal in the first instance. To meet the

1328) to authorize the corporate authorities of them there. Senator's suggestion I will add to the amend

Georgetown to subscribe the sum of $300,000

to build a branch railroad to connect said city Now, sir, for one, I do most earnestly protest ment these further words, “or shall refuse to against this emasculation of the Government | administer justice ;'' so that it will read :

with the Alexandria, Loudoun and Hampshire of the United States in its military department

railroad, and to levy a tax therefor; which was

Shall be interrupted or impeded by war or insurby such a provision as this. In the event of rection, or shall refuse to administer justice.

read a first and second time, and referred to

the Committee for the District of Columbia. another rebellion, what would be the value of Mr. FERRY. If the Senator from New the civil tribunals in the suppression of efforts York will allow me, I wish to make a single

W. R. SILVEY. of traitors away from the theater of war to give suggestion. I am satisfied, from an examina- Mr. STOKES introduced a bill (H. R. No. aid and comfort to that rebellion ?

tion of the first clause of article twelve, that || 1329) for the relief of the heirs of W. R. Silvey, Mr. WILSON. About as much as they were an effort has been made here by the Military | late of company B, second Tennessee infantry; in the late rebellion. Committee to accomplish an impossibility, to

which was read a' first and second time, and Mr. DRAKE. I was just going to ask how wit, to define the jurisdiction of military com- referred to the Committee on Invalid Pensions. much they were worth during the rebellion missions. Although military commissions have

WILLIAM E. BYRD. through which we have passed? Sir, they were been known both in the mother country and worth just about as much as the court of pie

Mr. BUTLER, of Tennessee, introduced a in our own country, their jurisdiction has never poudre in England would be. Talk about been defined by statute. They grow out of

bill (H. R. No. 1330) for the relief of William going before justices of the peace and getting the exigencies of war. Their jurisdiction is

E. Byrd, of Tennessee ; which was read a first constables to serve their warrants, and going

and second time, and referred to the Commitattempted to be defined by the law books before criminal courts infected, perhaps, with

tee of Claims. written upon the laws of war, but it is neces. the rebelism and treason that the man had been

NANCY COOK. sarily undefined, because neces

cessarily adapted guilty of who was brought before them! Talk to the circumstances and exigencies which Mr. BUTLER, of Tennessee, also intro about going before grand juries made up of arise during times of war or insurrection. The duced a bill (II. R. No. 1331) for the relief of sympathizers with the rebellion, as they were suggestion which I have to make is this : after Nancy Cook, of Tennessee ; which was read a found all through this country! Send there to these amendments have been voted upon, I first and second time, and referred to the Compunish a rebel! Sir, I protest against this whole

propose to strike out all after the word as mittee on Invalid Pensions. thing; and if there is no other way of defeating stituted'' in the first clause, and insert "accord

BARBARA STOUT. this amendment at this time I will call for a

ing to the laws and usages of war;'' so that the division of the Senate upon it, if I can get it. first clause will read :

Mr. BUTLER, of Tennessee, also introThe PRESIDENT pro tempore. The ques.

duced a bill (H. R. No. 1332) for the relief of

In time of war or insurrection military commistion is on the amendment of the Senator from sions may be constituted according to the laws and

Barbara Stout, of Tennessee ; which was read Pennsylvania.

a first and second time, and referred to the Mr. CONKLING. Let us hear it reported. If you attempt to define it nearer than that Committee on Invalid Pensions. Mr. BUCKALEW. As the amendment you will fail.

POST ROUTE IN TENNESSEE. seems to be resisted-I understood it was sub- Mr. EDMUNDS. It is quite obvious that

Mr. BUTLER, of Tennessee, also introstantially acceded by the chairman of the Mil. we cannot get a vote to night. There is less itary Committee

than a quorum here, and there will undoubtedly post route in Tennessee; which was read a

duced a bill (H. R. No. 1333) to establish a Mr. DRAKE. No; he objected to it. be a division. This immediate point that is

first and second time, and referred to the ComMr. BUCKALEW. I was going to observe

under discussion is one of great importance to that if it is to be resisted I shall insist upon

mittee on the Post Office and Post Roads. have it adjusted with entire propriety to the dividing the Senate. It is too important a satisfaction of everybody and of all political

LIEUTENANT GEORGE A. MILLER, principle.

parties, so that there shall be no feeling about Mr. BUTLER, of Tennessee, also intro Mr. CONKLING. Let us hear it read. it. Therefore, I move that the Senate do now duced a bill (H. R. No. 1334) for the relief of The Chief Clerk read the amendment, which adjourn.

Lieutenant George A. Miller, of Tennessee ; was to insert after the provision adopted on Mr. WILSON. I hope the Senator will which was read a first and second time, and the motion of Mr. FRELINGHUYSEX the words withdraw the motion for a moment.

referred to the Committee on Military Affairs. Mr. POMEROY. I ask the Senator to

M'HENRY BRAY. Mr. CONKLING. I think the amendment withdraw it. I want to have an executive is located in the wrong place; it ought to come session for ten minutes.

Mr. BUTLER, of Tennessee, also introin after the word “ shall,'' in the second line; Mr. EDMUNDS. There are only twenty

duced a bill (H. R. No. 1335) for the relief so that the clause will read : Senators here. That will not do.

of McHenry Bray, late first lieutenant comMilitary commissions may be constituted, and shall, Mr. WILSON. I wanted to know of Sena- pany I, eighth Tennessee infantry; which was within the theater of war, &c.

tors whether they objected to the amendment

read a first and second time, and referred to Mr. FRELINGHUYSEN. I think it would proposed by the Senator from Connecticut ?

the Committee on Military Affairs. come in better there,

Mr. EDMUNDS. That ought to be thought ARKANSAS AGRICULTURAL COLLEGE. Mr. CONKLING. Now, I will make this of a little. I am not sure that that will reach as a suggestion or substitute for the amend

Mr. HINDS introduced a joint resolution the object. There are only twenty Senators ment of the Senator from Pennsylvania, to

(H. R. No. 315) to extend the provisions of

here and there will be a division. I make the come in the fourth line after the words “courts

the act in regard to agricultural colleges to the motion to adjourn. martial :"

State of Arkansas; which was read a first and

Mr. POMĚROY. If the Senator will with | second time, and referred to the Committee on But such jurisdiction shall not within the United draw that motion we can have an executive States attach to any person disconnected with the

the Public Lands. military service, unless the civil tribunals before

session and accomplish what we want in ten

minutes. which such person would usually be triable shall be

STENOGRAPHER FOR UNITED STATES COURT. interrupted or impeded by war or insurrection. Mr. FRELINGHUYSEN. If the amend Mr. PILE introduced a bill (H. R. No.

Mr. BUCKALEW. I have no objection to ment suggested by the Senator from Connecticut 1336) to provide for the employment of a that.

is acceptable we can pass this bill.

stenographic reporter for the district court of

con

:

usages of war.

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the United States for the eastern district of made no debate can be allowed, or the resolu- hundred and pineteon collection districts removals Missouri; which was read a first and second tion must go over.

were made during the year 1867 upon the recom

mendation of the Commissioner of Internal Revenue, time, and referred to the Committee on the Mr. WASHBURN, of Wisconsin. If the

in which districts the average falling off of interJudiciary.

gentleman will not allow a question, I hope the nal revenue, as compared with the year 1866, was MRS. FRANCES T. RICHARDSON. previous question will not be sustained. $160,942 81 per district; and that in the same year,

1867. removals were made in twenty collection dis

The SPEAKER. If there is no objection Mr. TROWBRIDGE introduced a bill (H.

tricts by the President, without the recommendation the question can be entertained.

of said Commissioner, in which the falling off of reyR. No. 1337) granting an increase of pension to Frances T. Richardson, widow of the late

Mr. WASHBURN, of Wisconsin. I under: enue is only $16,470 37 per district: Therefore,

Resolved, Tbat the Secretary of the Treasury be stand this resolution gives this road two years directed to inform this House whether any such Major General Israel B. Richardson ; wbich was read a first and second time, and referred

longer time without doing any work whatever. statement was prepared by him or by his direction to the Committee on Invalid Pensions. It is now four years, and it has not struck a

from the official records of his Department, and

whether it was published by his direction, and if so, spade in the soil.

that he be further directed to furnish this House PACIFIC RAILROAD. Mr. PRICE. This, in fact, limits the time in with a copy of the statement so prepared, and of any

report made by him to the President in relation to Mr. LOUGHRIDGE introduced a bill (H. || place of extending it, and

removals and appointments herein referred to. R. No. 1338) to aid in the construction of a Mr. ROBINSON. I object to debate.

Resolved, That the Secretary of the Treasury railroad and telegraph line from the Rio Grande Mr. JULIAN. I desire to amend this bill inform this House in what collection districts re

movals and appointments of assessors and collectors to the Pacific ocean ; which was read a first | by providing that the lands granted be sold to

were made, if any, upon the recommendation of the and second time, referred to the Committee on actual settlers only, in quantities not greater Commissioner of Internal Revenue, during the fiscal the Pacific Railroad, and ordered to be printed. || than one hundred and sixty acres, and for a year 1867, the names of such officers removed and NEW LAND DISTRICT IN NEBRASKA. price not exceeding $2 50 per acre.

appointed, with copies of all correspondence or Mr. PRICE. I object.

recommendations of said Commissioner relating

thereto. Mr. TAFFE introduced a bill (H. R. No.

The previous question was seconded-ayes 1339) to establish a new land district in the 73, noes 26—and the main question ordered ;

The previous question was seconded and the State of Nebraska; which was read a first and and under the operation thereof the bill was

main question ordered. second time, and referred to the Committee on

Mr. 'HOLMAN. I call for a division of the ordered to be engrossed and read a third time; the Public Lands.

and being engrossed, it was accordingly read || question, so as to have a separate vote on the MAJOR G. CHAPIN. the third time.

preamble. Mr. CLEVER introduced a bill (H. R. No. Mr. PRICE. I demand the previous ques

The question was taken on the resolutions, 1340) for the relief of Major G. Chapin, United tion on the passage.

and they were agreed to. States Army; which was read a first and second

The previous question was seconded-ayes

The question was then taken on the pretime, and referred to the Committee of Claims. 70, noes 28,

amble, and it was adopted.
Mr. PIKE. I demand the yeas and nays.

Mr. ALLISON moved to reconsider the vote
KRYOLITE FREE OF DUTY.
The yeas and days were ordered.

by which the preamble and resolutions were Mr. BINGHAM introduced a joint resolu. The question was taken ; and it was decided | adopted; and also moved that the motion to tion (H. R. No. 316) to admit kryolite into the in the affirmative-yeas 96, nays 33, not voting

reconsider be laid on the table. United States free of duty; which was read a 65; as follows:

The latter motion was agreed to. first and second time, and referred to the ComYEAS-Messrs, Allison, Anderson, Archer, Arnell,

TAXATION OF INTEREST ON BONDS. mittee of Ways and Means.

Delos R. Ashley. Bailey, Baldwin, Barnes, Beck,
Benjamin, Benton, Bingham. Blaine, Boles, Brom-

Mr. COBB. I offer the following resolution,
ORDER OF BUSINESS.

well, Buckland, Benjamin F. Butler, Roderick R. upon which I demand the previous question: The SPEAKER. The next business in Butler, Cake, Churchill, Cornell, Dixon, Donnelly, order, during the remainder of the morning Gravely. Griswold, Grover, Higby, Hinds, HotchEckley, Ela, Eldridge, Farnsworth, Ferry, Golladay, Resolved, That the Committee of Ways and Means

be, and they are hereby, instructed to report without hour, is the call of the States for resolutions, kiss, Chester D. Hubbard, Hulburd, Humphrey, unnecessary delay a bill levying a tax of at least ten commencing with the State of Iowa, where the Johnson, Jones, Kelsey, Kerr, Ketcham, George V. per cent. on the interest of the bonds of the United call rested at the expiration of the morning

Lawrence, Loan, Lynch, Mallory, Marshall, Marvin, States, to be assessed and collected annually by the

Maynard, McClurg, McCormick. McKee, Miller, Secretary of the Treasury and such of his subordinhour on Monday last.

Moorhead, Mullins, Mungen, Myers, Newcomb, ates as may be charged with the duty of paying the

O'Neill, Paine, Perbam. Peters, Pile, Plants. Poland, interest on the bonded indebtedness of tbe United
NORTHERN PACIFIC RAILROAD.
Polsley, Pomeroy. Price, Pruyn, Raum, Robinson,

States.
Mr. PRICE introduced a joint resolution
Roots, Sawyer, Smith, Spalding. Starkweather.

Mr. PRICE. I desire to ask the gentleman Aaron F. Stevens, Thaddeus Stevens, Stokes, Taffe, (H. R. No. 317) extending the time for the

Thomas, Trowbridge, Twichell, Upson, Van Aernam, whether the resolution includes bonds held in completion of the Northern Pacific railroad; Burt Van Horn, Robert T. Van Horn. Cadwalader foreign countries? which was read a first and second time.

C. Washburn, Henry D. Washburn, William WilMr. PRICE. I demand the previous ques. liams. John T. Wilson, Stephen F. Wilson, Windom,

Mr. COBB. It is intended to include all Woodbridge, and Woodward-96.

bonds. tion.

NAYS-Messrs. Baker, Beatty, Boutwell, Cary, Mr. PRICE. It does not so specify. The joint resolution was read. It amends Cobb, Cullom, Delano, Eggleston, Ferriss, Garfield,

Mr. ALLISON. Is that a resolution of inGetz, Haight, Harding, Holman. Jenckes, Julian, section eight of an act entitled “An act grant. William Lawrence, Lougbridge, McCarthy, Mercur. struction or of inquiry? ing land to aid in the construction of a railroad Niblack, Orth, Pike, Randall, Scofield, Shellabarger, The SPEAKER. It is mandatory in its and telegraph line from Lake Superior to Pu

Sitgreaves, Stewart, Van Auken, Van Wyck, William
B. Washburn, Thomas Williams, and James F.

character. get sound on the Pacific coast," so as to read Wilson.---33.

The question was put on seconding the preas follows:

NOT VOTING-Messrs. Adams, Ames, James M. vious question ; and there were-ayes 35, poes

Ashley, Axtell, Banks. Barnum, Beaman, Blair,
That each and every grant, right, and privilego
Boyer, Brooks, Broomall, Burr, Chanler, Reader W.

57.
herein are so made and given to and accepted by said
Clarke, Sidney Clarke, Coburn, Cook. Covode, Dawes,

Mr. COBB. I demand tellers. Northern Pacific railroad upon and subject to the

Dodge, Driggs, Eliot, Fields, Finney, Fox, Glossfollowing conditions, namely: that said company shall

Tellers were ordered; and Messrs. COBB and commence the work on said road within two years from

brenner, Halsey. Hawkins, Hill, Hooper, Hopkins, and after the 2d day of July, 1868, and shall complete

Pruyn were appointed.
Asahel W. Hubbard, Richard D. Hubbard, Hunter,

Ingersoll, Judd, Kelley, Kitchen, Knott, Koontz, The House divided; and the tellers reportpot less than one hundred miles per year after the

Lafin, Lincoln, Logan, McCullough, Moore, Morsecond year thereafter; and shall construct, equip.

ed-ayes 55, noes 57. rell, Morrissey, Nicholson, Nunn, Phelps, Robertson, furnish and complete the whole road by the 4th day Ross, Schenck, Selye, Shanks, Stone, Taber, Taylor,

So the House refused to second the call for of July, A. D. 1877.

John Trimble, Lawrence S. Trimble, Van Trump, the previous question. Mr. PRICE. May I ask a parliamentary

Ward, Elihu B. Washburne, Welker, and Wood-65. Mr. MILLER. I move to lay the resolation question ?

So the joint resolution was passed.

on the table. The SPEAKER. The Chair will entertain Mr. PRICE moved to reconsider the vote Mr. SHANKS and Mr. HOLMAN demanded a parliamentary question.

by which the joint resolution was passed ; and the yeas and nays. Mr. PRICE. It is in reference to the busialso moved that the motion to reconsider be

Mr. GARFIELD. Is it in order to move to ness on the Speaker's table. There is on the laid on the table.

refer the resolution to the Committee of Ways table a joint resolution which has passed the The latter motion was agreed to.

and Means? Senate exactly similar to this, except that this

Mr. MAYNARD. Is it in order to move to

ENROLLED BILL SIGNED. limits the time for the completion of the road

amend the resolution so as to make it a resoto a shorter time by one year. I desire to know Mr. HOLMAN, from the Committee on lution of inquiry into the expediency instead whether it is likely we can reach the busi- Enrolled Bills, reported that the committee had of one of instruction ? uess on the Speaker's table before the 2d day || examined and found truly enrolled an act (S. The SPEAKER. It is not in order either of July? Because unless the resolution is No. 251) for the relief of Captain Charles N. to move to refer or to move to amend the res. passed by that time the charter expires. Goulding, late quartermaster of volunteers ; olution pending the motion to lay it on the The SPEAKER. Asthere is a specialorder when the Speaker signed the same.

table. intervening by unanimous consent, and ques.

Mr. HOLMAN. Is debate in order?

APPOINTMENTS AND REMOVALS. tions of privilege likely to come up, there is

The SPEAKER. It is not, but the Chair some doubt whether that business will be

Mr. ALLISON. I offer the following pre- is answering parliamentary questions. If the reached.

amble and resolations, upon which I demand motion to lay on the table shall be voted down, Mr. WASHBURN, of Wisconsin. I wish to the previous question:

a motion to refer the resolution will be in order. ask the gentleman a question.

Whereas a statement, purporting to be prepared by Mr. MIL! ER. I withdraw the motion to Mr. PRICE. I do not know that I can the Secretary of the Treasury from the oticial records

lay on the table. of his Department, has been published in the National yield. Intelligencer, and also sent to the publio through

Mr. BUTLER, of Massachusetts. I reThe SPEAKER. If the point of order is the Associated Press, in which it is stated that in ono

new it.

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Mr. SHANKS and Mr. HOLMAN demanded Mr. ALLISON.. The committee can report George V. Lawrence, William Lawrence, Logan, the yeas and nays. at any time.

Loughridge, Marshall, McClurg, McCormick. McKee,

Mercur, Mullins, Mungen, Newcomb, Niblack, Orth, The yeas and nays were ordered.

Mr. BUTLER, of Massachusetts. Every

Phelps. Pike, Polsley, Pruyn, Randall, Raum, RobThe question was taken ; and it was decided body knows they will not.

inson, Roots, Ross, Scofield, Shanks, Aaron F. Stein the negative-yeas 28, nays 107, not voting Mr. MAYNARD. I move to reconsider the vens, Stewart, Stokes, Stone, Taber, Taffe, Taylor, 59; as follows: vote by which the main question was ordered ;

Thomas, Lawrence S. Trimble, Van Auken, Burt

Van. Horn. Robert T. Van Horn. Van Trump, CadYEAS-Messrs. Arnell, Bailey, Banks, Boutwell,

and upon that I call the yeas and nays. That walader C. Washburn, Elihu B. Washburne. Henry Cake, Churchill, Cornell, Dixon. Driggs, Eckley. Eliot, will be a test question.

D. Washburn, Welker. William Williams, John T. Harding, Higby, Jenckes. Mallory, Mercur, Miller, Mr. ALLISON. It is no test question at all.

Wilson, Stephen F. Wilson, Windom, and WoodMoorhead, Myers, O'Neill. Perham, Plants, Pomeroy,

ward-92. Spalding, Starkweather, Thaddeus Stevens, William

The question was taken upon ordering the NAYS-Messrs. Allison, Ames, Arnell, Bailey, B. Washburn, and Woodbridge-28.

yeas and nays; and there were thirteen in the Baldwin, Banks, Beatty, Blaine, Boutwell, BromNAYS-Messrs. Allison, Anderson, Archer, Delos affirmative.

well, Cake, Delano, Dixon, Driggs, Eckley, Eliot, R. Ashley, Axtell, Baker, Barnes, Beatty, Beck, Ben

Garfield, Griswold, Halsey, Harding. Higby, Hooper, jamin, Benton, Bingham, Blaine, Boles, Boyer,

Mr. MAYNARD. I ask for tellers on order: Hulburd, Jenckes, Kelsey, Loan, Lynch, Mallory, Bromwell, Buckland, Roderick R. Butler, Cary, ing the yeas and nays.

Marvin. Maynard, Miller, Moorhead, Myers, O'Neill, Cobb, Coburn, Covode, Cullom, Donnelly, Eggleston,

Paine, Perham, Plants, Poland, Pomeroy, Price,

The question was taken upon ordering tellers ; Ela, Eldridge, Farnsworth, Ferriss, Ferry, Garfield,

Sawyer, Shellabarger, Sitgreaves, Smith, Spalding, Getz, Golladay, Gravely, Griswold, Grover, Haight,

and there were fourteen in the affirmative. Starkweather, Trowbridge. Twichell, Upson, Van Hawkins, Hinds, Holman, Hotchkiss, Chester D. So (the affirmative not being one fifth of a

Aernam, William B. Washburn, Thomas Williams, Hubbard, Hulburd, Humphrey, Johnson, Jones,

James F. Wilson, and Woodbridge-54. Julian, Kerr, Ketchann, Kitchen, George V. Lawquorum) tellers were not ordered.

NOT VOTING-Messrs. Anderson, James M. Ashrence, William Lawrence. Loan, Loughridge, Lynch, The yeas and nays were not ordered, the ley, Barnum, Beaman, Blair, Brooks, Broomall, Burr, Marvin, Maynard, McCarthy, McClurg, McCormick, affirmative not being one fifth of the last vote.

Chanler.. Churchill, Reader W. Clarke, Cook, Dawes, McKee. Morrell, Mullins, Mungen, Newcomb, Nib

Lodge, Fields, Finney, Fox, Glossbrenner, Hill, Hoplack, Orth, Paine, Pike. Pile, Polsley, Pruyn, Ran

The question was then taken upon recon- kins, Asahel W. Hubbard, Richard D. Hubbard, dall, Raum, Roots, Ross, Sawyer, Scofield, Shanks,

sidering the vote by which the main question Hunter, Judd, Kelley. Ketcham. Kitchen, Knott, Shellabarger, Sitgreaves, Smith, Aaron F. Stevens, was ordered; and it was not agreed to.

Koontz, Laflin, Lincoln, McCarthy, McCullough, Stewart, Stokes, stone, Taffe, Taylor, Thomas, Law

Moore, Morrell, Morrissey, Nicholson, Nunn, Peters, rence S. Trimble, Trowbridge, Upson, Van Aernam,

The question recurred upon the motion of

Pile, Robertson. Schenck, Selye, Thaddeus Stevens, Van Auken, Burt Van Horn, Robert T. Van Horn,

Mr. GARFIELD, to refer the resolution to the John Trimble, Van Wyck, Ward, and Wood - 48. Van Trump. Van Wyck, Cadwalader C. Washburn, Committee of Ways and Means.

So the resolution was agreed to.
Elibu B. Washburne, Henry D. Washburn, Welker, The question was taken; and it was decided
William Wiliams, James F. Wilson, John T. Wilson,

Mr. COBB moved to reconsider the vote Stephen F. Wilson, and Woodward-107.

in the negative-yeas 61, nays 80, not voting | just taken ; and also moved that the motion to NOT VOTING-Messrs. Adums, Ames, James M. 53 ; as follows:

reconsider be laid on the table. Ashley, Baldwin. Barnum, Beaman, Blair, Brooks, Broomall, Burr, Benjamin F. Butler, Chanlor, Reader

YEAS-Messrs. Allison, Ames, Arnell, Bailey, Mr. BINGHAM. I would like to have the W. Clarke, Sidney Clarke, Cook, Dawes, Delano,

Baldwin, Beatty, Bingham, Blaine, Boutwell, Cake,
Dodge, Fields, Finney, Fox, Glossbrenner, Halsey
Churchill, Cornell, Delano, Dixon, Driggs, Eckley,

resolution reconsidered, that it may be amended Hill. Hooper, Hopkins, Asabel W. Hubbard, Richard

Eliot, Ferriss, Garfield, Griswold, Halsey, Higby, so as to provide that the tax on interest arising D. Hubbard, Hunter, Ingersoll, Judd, Kelley, Kel

Hooper, Hulburd, Jenckes, Ketcham, Loan, Lynch, from the bonds may be in lieu of the income sey, Knott, Koontz, Laflin, Lincoln, Logan, Marshall,

Mallory, Marvin, Maynard, McCarthy, Mercur, MilMcCullough, Moore, Morrissey, Nicholson, Nunn, ler, Moorhead, Myers, O'Neill, Paine, Perbam,

tax, and be the same as the tax on private

securities. Peters, Phelps, Poland, Price, Robertson, Robinson,

Peters. Plants, Poland, Pomeroy. Price, Sawyer, Schenck, Selye, Taber, John Trimble, Twichell,

Shellabarger, Sitgreaves, Smith, Spalding. Stark- Mr. MAYNARD. I call for the yeas and nays Ward, Thomas Williams, Windom, and Wood-59.

weather, Trowbridge, Twichell, Upson, Van Aernain,
Cadwalader C. Washburn, Elibu B. Washburne,

on laying on the table the motion to reconsider. So the motion to lay the resolution on the William B. Washburn, Thomas Williams, James F. The yeas and nays were not ordered. the table was not agreed to.

Wilson, Stephen F. Wilson, and Woodbridge-61. Mr. MAYNARD called for tellers.

NAYS-Messrs. Adams, Anderson, Archer, Delos Mr. GARFIELD. I move that the resolu- R. Ashley, Baker, Barnes, Beck, Benton, Boles,

Tellers were not ordered. tion be referred to the Committee of Ways and

Boyer, Buckland, Benjamin F. Butler, Rodcrick R. The motion to lay on the table the motion to

Butler, Cary, Sidney Clarke, Cobb, Coburn, Covode, Means; and upon that motion I call the pre

reconsider was agreed to. Cullom, Donnelly, Eggleston, Ela, Eldridge, Farnsvious question. worth, Ferry, Getz, Golladay. Gravely, Grover,

The SPEAKER. The morning hour has Mr. RANDALL. Will the gentleman accept

Haight, Hawkins, Hinds, Holman, Hotchkiss, Ches- expired.

ter D. Hubbard, Humphrey, Johnson, Jones, Julian, a modification of the resolution, and instruct

RECONSTRUCTION EXPENSES. Kerr, Kitcben, George V. Lawrence, William Lawthe coinmittee to report forth with?

rence, Logan, Lougbridge, Marshall, McClurg, Mc- The SPEAKER, by unanimous consent, Mr. COBB. To report at any time. Cormick. McKee. Mungen. Newcomb. Nihlack, Orth,

laid before the House a communication from Pike, Polsley, Pruyn, Randall, Raum, Roots, Ross, The SPEAKER. By the rules they have a Scofield, Shanks, Aaron F. Stevens, Stewart, Stokes, the Secretary of War, asking a further appro. right to report at any time for commitment. Stone, Taylor. Thomas, Lawrence S. Trimble, Van priation of $5,000 for reconstruction purposes The previous question was then seconded

Auken, Burt Van Horn, Robert T. Van Horn, Van
Trump. Van Wyck, Henry D. Washburn, Welker,

in the third military district, recommended by and the main question ordered upon the mo- William Williams, John T. Wilson, Windom, and Major General Meade; which was referred to tion to refer. Woodward-80.

the Committee on Appropriations, and ordered Mr. HOLMAN, and Mr. BUTLER of Mas

NOT VOTING-Messrs. James M. Ashley, Axtell,
Banks, Barnum, Beaman. Benjamin, Blair, Brom-

to be printed. sachusetts, called for the yeas and nays on the well, Brooks, Broomall, Burr, Chanser. Reader W.

SIOUX INDIANS. motion to refer.

Clarke, Cook, Dawes, Dodge, Fields, Finney, Fox,
The yeas and nays were ordered.
Glossbrenner, Harding, Hill, Lopkins, Asahel W.

The SPEAKER, by unanimous consent, also Hubbard, Richard D. Hubbard, Hunter, Ingersoll, laid before the House a communication from Mr. WOODWARD. Is it in order to make Judd. Kelley, Kelsey, Knott, Koontz, Laflin, Lin- the Secretary of the Interior, transmitting a a parliamentary inquiry?

coln, McCullough, Moore, Morrell, Morrissey, MulThe SPEAKER. The Chair will answer a lins, Nicholson, Nunn, Phelps, Pilo. Robertson,

letter from the Commissioner of Indian Affairs,

Robinson, Schenck, Selye, Thaddeus Stevens, Tabor, || relative to Indian affairs in the central superparliamentary inquiry.

Taffe, John Trimble, Ward, and Wood-53.

intendency, and the immediate necessity of an Mr. WOODWARD. This is a resolution So the motion to refer the resolution to appropriation to carry out treaty stipulations of instructions.

the Committee of Ways and Means was not with certain Sioux Indians; which were reThe SPEAKER. It is. agreed to.

ferred to the Committee on Appropriations. Mr. WOODWARD. What will be the effect The question then recurred on agreeing to

LEAVE OF ABSENCU. of referring such a resolution to the Committee the resolution. of Ways and Means ?

Mr. BUTLER, of Massachusetts, and Mr.

Mr. McKee was granted leave of absence The SPEAKER. The effect will be to refer PIKE called for the

for ten days after to-morrow.

yeas it without instructions. By a parity of reason- The yeas and nays were ordered.

Mr. Van Wyck and Mr. Pruyx were granted ing, as the gentleman will see, when a bill is introduced appropriating $100,000 to a person,

Mr. GARFIELD. I would suggest that the leave of absence indefinitely, tax on these bonds be made one hundred per

Mr. ROBINSON was granted leave of absence if it is agreed to by the House it becomes so cent. That will fill our Treasury still more

on account of ill heaith. far a law; but if it is merely referred to a com- rapidly.

EXPORTATION OF RUM. mittee it is referred without instructions. This Mr. BUTLER, of Massachusetts. The tax Mr. BUTLER, of Massachusetts. I desire resolution is not more mandatory than a bill which the resolution proposes is the same that to offer a joint resolution, to correct a mistake would be.

the English Government imposes on its bonds. in a bill which passed the House and Senate Mr. ALLISON. In what condition will this

Mr. BLAINE. Why not improve on the the other day. The mistake was discoyered by resolution be if the motion to refer is not | English example and make the tax fifty per the chairman of the Committee on Enrolled agreed to? cent., taking one half?

Bills. I ask leave to make an explanation. The SPEAKER. The House is now acting Mr. COBB. I object to debate.

It is a joint resolution (H. R. No. 318) to corunder the previous question. If the motion to The question was taken on agreeing to the rect an act entitled "An act for the relief of refer is not agreed to the question will then be resolution; and it was decided in the affirma- certain exporters of rum." upon adopting or rejecting the resolution. The tive--yeas 92, nays 54, not voting 48; as The joint resolution was read. It provides previous question does not exhaust itself upon follows:

that the word "and" where it occurs in said the motion to refer, if that motion is not YEAS–Messrs. Adams, Archer, Delos R. Ashley, act after the word “export" and before the agreed to.

Axtell, Baker. Barnes, Beck, Benjamin, Benton,

words “ actually contracted for” be changed Mr. ELDRIDGE. I would inquire of the

Bingham, Boles, Boyer, Buckland, Benjamin F.
Butler, Roderick R. Butler, Cary, Sidney Clarke,

to “or;" so it will read, when corrected, 'inChair if it is not evidently the object of gen- Cobb, Coburn, Cornell, Covode, Cullom, Donnelly, tended for export or actually contracted for." tlemen to kill this resolution by referring it?

Eggleston, Ela, Eldridge, Farnsworth, Ferriss, Ferry, Mr. HOLMAN. That seems to be clerical The SPEAKER. The Chair cannot answer

Getz, Golladay, Gravely, Grover, Haight, Hawkins,
Hinds, Holman, Hotchkiss, Chester D. Hubbard,

error. that question.

Humphrey, Ingersoll, Johnson, Jones, Julian, Kerr, Mr. ALLISON. I object.

and nays.

a

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