expediency of discontinuing the navy-yard at Charlestown, Massachusetts, and uniting the same with the yard at Kittery, Maine; which was read a first and second time, and referred to the Committee on Naval Affairs. OTIS A. WHITEHEAD. Mr. ROBERTSON introduced a bill (H. R. No. 1417) to release the sureties on the official bond of Otis A. Whitehead, an additional paymaster in the Army of the United States, for moneys lost after his death; which was read a first and second time, and referred to the Committee of Claims. HOMESTEADS FOR SOLDIERS. Mr. SCOFIELD introduced a bill (H. R. No. 1418) to authorize soldiers to select homesteads from the public lands; which was read a first and second time, and referred to the Committee on the Public Lands. AMENDMENT OF PATENT LAWS, ETC. Mr. MERCUR introduced a bill (H. R. No. 1419) in addition to the act of July 4, 1836, to promote the progress of the useful arts; which was read a first and second time, and referred to the Committee on Patents. W. II. COX. Mr. MILLER introduced a bill (H. B. No. 1420) directing the Commissioner of Pensions to proceed to hear evidence and determine the right of W. H. Cox, deceased, late a sergeant in company F, second regiment Pennsylvania artillery, to a pension, in the same manner as if he were still alive, he having died of disease contracted while a prisoner of war at Andersonville, Georgia, and if found to be entitled to a pension then the same from time of his discharge till death to be paid over to his father Charles D. Cox; which was read a first and second time, and with the accompanying papers referred to the Committee on Invalid Pensions. LIEUTENANT HARRIS L. REED. Mr. WELKER introduced a bill (H. R. No. 1421) for the relief of Lieutenant Harris L. Reed; which was read a first and second time, and referred to the Committee of Claims. PUBLIC BUILDINGS, PADUCAH, KENTUCKY. Mr. TRIMBLE, of Kentucky, introduced a bill (H. R. No. 1422) appropriating $100,000 for the erection of a custom-house, post office, and court rooms at Paducah, Kentucky; which was read a first and second time, and referred to the Committee on Appropriations. TENNESSEE-WAR EXPENSES. Mr. STOKES presented joint resolutions of the Legislature of Tennessee asking to be reimbursed for expenses incurred in calling out the militia in 1867; which were referred to the Committee of Claims. SUITS AGAINST RAILROAD CORPORATIONS. Mr. COOK introduced a bill (H. R. No. 1423) to provide for bringing suits in the courts of the United States against railroad corporations where portions of the line are in several States; which was read a first and second time, and referred to the Committee on Roads and Canals. IRON MOUNTAIN RAILROAD. Mr. ROOTS introduced a bill (H. R. No. 1424) to amend an act entitled "An act making grants of lands in alternate sections to aid in the construction and extension of the Iron Mountain railroad from Pilot Knob, in the State of Missouri, to Helena, in the State of Arkansas;" which was read a first and second time, referred to the Committee on the Public Lands, and ordered to be printed. WASHINGTON AND CINCINNATI RAILROAD. Mr. HUBBARD, of West Virginia, presented a joint resolution of the Legislature of the State of West Virginia, requesting the passage of the bill incorporating the Washington and Cincin. nati National Railroad Company; which was referred to the Committee on Commerce. MINNESOTA VALLEY RAILROAD. Mr. DONNELLY introduced a joint reso- CALL OF STATES, ETC., FOR RESOLUTIONS. morning hour is the call of States and Terri- INDIAN TERRITORIES. Mr. CAVANAUGH submitted the following resolution; which was read, considered, and agreed to: Resolved, That the Secretary of the Interior be, and is hereby, directed to furnish to this House copies of all treaties made by the peace commissioners with the several tribes of western Indians during the last and present years. TELLER OF THE SERGEANT-AT-ARMS. Mr. FLANDERS introduced a joint resolution, (H. R. No. 334,) on which he demanded the previous question. The resolution was read. It provides that for the present Congress and commencing there. with the Clerk of the House is directed to pay from the contingent fund of the House to the messenger and acting teller in the office of the Sergeant-at-Arms of the House the difference between his present pay and the pay of the file and engrossing clerks of the House. Mr. BENJAMIN. What is his pay now? Mr. FLANDERS. The present pay is $1,200, Mr. FLANDERS. Yes, sir. Mr. BENJAMIN. Is that in addition to the twenty per cent. which we have already increased it? Mr. FLANDERS. I understand not. Mr. BENJAMIN. I understand it does, and I hope the previous question will not be seconded. The previous question was not seconded. Mr. BENJAMIN rose to debate it, and the joint resolution, under the rules, went over. SETTLERS ON CHEROKEE NEUTRAL LANDS. Mr. CLEVER. 1 introduce a joint resolu- Whereas in the treaty between the United States of the United States of America in Congress assembled, That in all cases where any person, prior to June 10, 1868, shall have settled on any tract of land of one hundred and sixty acres or less, in the body of lands known as the Cherokee neutral lands, and shall have made improvements thereon of the value of fifty dollars, and occupied such tract for agricultural purposes, such person, his heirs or assigns, so occupying any such tract of land shall, after due proof made in such manner as may be prescribed by the Secretary of the Interior, be entitled to enter and receive a patent for the lands so occupied on paying $1 25 an acre within one year, in such manner as the Secretary of the Interior may prescribe. And the money so to be paid for said lands shall be paid over to said Cherokee Indians. The joint resolution was read a first and second time. Mr. RANDALL. I would like to know whether this legislation proposes to interfere with the treaty which was ratified by the Senate on the 6th of June last. ments. Mr. LAWRENCE, of Ohio. It proposes to protect twenty-seven hundred families who have settled on these lands and made improve. ments without objection, having expended each nearly one thousand dollars in improveWe want to prevent them from being turned out of their possessions and deprived of their rights by a treaty which assumes to dispose of public lands without the authority of Congress. The facts in relation to this preamble and resolution are perhaps sufficiently stated therein in view of the debates already had in this House; but I may say a few words as to the duty and power to pass the resolution. On the 31st December, 1838, a patent was issued to the Cherokee nation of Indians for the Cherokee neutral lands. This patent was issued in pursuance of a treaty and on the authority of the act of Congress of May 28, 1830, which, however, provided that "Such lands shall revert to the United States if the Indians become extinct or abandon the same. By treaty of July 19, 1866, proclaimed August 11 1866, the Cherokees ceded to the United States these lands in trust to be sold for not less than one dollar an acre, reserving to actual settlers on the lands on the 11th August, 1866, the right to purchase the lands by them occupied at an appraisement therein provided for. In pursuance of this treaty, Secretary HARLAN made a sale of the lands not occupied by settlers to the American Emigrant Company, August 30, 1866. Secretary Browning claiming tais sale to be invalid, on the 9th October, 1867, sold the same lands to James F. Joy. The emigrant company, to settle the conflict, assigned their contract to Joy. By a supplemental treaty, made April 27, ratified June 6, and proclaimed June 10, 1868, this assignment and sale are confirmed. Between August 11, 1866, and June 6, 1868, some twenty-seven hundred families settled each upon one hundred and sixty acres of these lands and made large improvements, and yet this sale and supplemental treaty profess to sell out their lands, improvements, and all without compensation, and leaving the settlers to be turned out of possession or to buy their lands at such prices as may be imposed on them by Mr. Joy. I object to the sale to Joy because it is unjust to the settlers; I object to it because it is made upon the authority of a treaty; and this House has again and again declared a treaty cannot authorize a sale of public lands. The sale to Joy is void. But if a sale could be authorized by treaty, the sale in this case is void. The treaty purports to cede the lands to the United States in trust to sell them. The execution of a trust cannot be provided for by treaty; and, at all events, it can be regulated by law; and the joint resolution before us is a mere regulation of the execution of the trust, or its execution by law. I have said that the treaty professes to eede a title to the United States in trust; but the Indians have no title to cede. The title of all. public lands is in the United States. The Indians only have a possessory right. If it be said the Cherokees had a patent, I answer, the patent was granted in pursuance of a tresty which could not convey the legal title. So far as any title rests on the act of Congress of May Resolved by the Senate and House of Representatives || 22, 1880, the act expressly provides that the title said Cherokee neutral lands, each family occupying shall revert to the United States when the lands are abandoned by the Cherokees, as they have been. The fifth section of the Indian appropriation act of March 3, 1863, confers no authority to sell public lands by treaty. If the Indians by treaty can sell the title to lands they occupy or even as tribes acquire title, then they may sell to foreign nations, which never will be permitted. The Indian tribes are not nations in the sense of the treaty-making power. If it be said this joint resolution violates Joy's contract, I answer, his contract is unauthorized and void. Congress may disregard it and contracts still more valid when the public interests require it. For the purpose of doing justice the resolution now before us was introduced at my instance to-day, as it was a week ago, and I hope it will pass. Mr. RANDALL. Mr. Speaker, I always believed this was an outrage, but it ought to have been corrected at some time prior to the confirmation of the treaty. Mr. LAWRENCE, of Ohio. It can be corrected now, as I can prove to the satisfaction of anybody. The previous question was seconded and the main question ordered; and under the operation thereof the joint resolution was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed. Mr. LAWRENCE, of Ohio, moved to reconsider the vote by which the joint resolution was passed; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to. TAXATION AND THE PUBLIC DEBT. Mr. ASHLEY, of Nevada, introduced a bill (H. R. No. 1425) to equalize taxation and reduce the interest on the public debt; which was read a first and second time. Mr. WASHBURNE, of Illinois. Let the bill be reported. It The bill was accordingly read in full. provides that upon all gains, profits, and income arising from the bonds and other interest-bearing securities of the United States, payable to any person, State, municipality, body politic or corporate, company or society, whether corporate or not corporate, out of the Treasury of the United States there shall be charged yearly as a tax for every $100 thereon ten dollars, and for a lesser sum in the same proportion. Said tax shall be assessed and collected by the Treasurer or other disbursing officers of the United States charged with paying any of the interest upon the debt of the United States in the same currency in which said interest is paid, and said tax shall be instead of all other taxes assessed or levied as tax upon income from any of the interestbearing securities of the United States. Mr. ASHLEY, of Nevada. I demand the previous question. Mr. MILLER. I object to that. The SPEAKER. The Clerk will read the rule on page 185 of the Digest. The Clerk read as follows: "No motion or proposition for a tax or charge upon the people shall be discussed on the day on which it is made or offered, and every such proposition shall receive its first discussion in a Committee of the Whole House." The SPEAKER. The point of order being made, this bill is referred to the Committee of the Whole. Mr. MAYNARD. This does not propose a tax on the people, as I understand it. The SPEAKER. The Chair supposes it is a tax on the people. Tax bills, tariff bills, and money bills are required by this rule to be referred to the Committee of the Whole. Mr. BUTLER, of Massachusetts. I move to suspend the rules for the purpose of considering the bill in the House at the present time. The SPEAKER. The rules cannot be suspended during the morning hour. The bill is referred to the Committee of the Whole on the state of the Union. 40TH CONG. 2D SESS.-No. 251. PROTECTION OF LIFE IN THE NAVY. Mr. ORTH introduced a bill (H. R. No. 1426) for the better protection of life in the Navy; which was read a first and second time, and referred to the Committee on Naval Affairs. GREAT AND LITTLE OSAGE INDIAN TREATY. Mr. CLARKE, of Kansas. I offer the following preamble and resolution, upon which I demand the previous question: Whereas on the 13th day of June, 1868, the House of Representatives adopted a resolution relating to the treaty lately concluded with the Great and Little Osage Indians, in the following words, to wit: "Resolved, That the President is hereby requested to furnish to this House copies of all instructions, records, and correspondence connected with the commission authorized to make the above-named treaty, and copies of all propositions made to said commission from railroad corporations or by individuals, and the Senate, or if sent to the Senate to withdraw the same, President is requested to withhold said treaty from the until a full investigation can be had and report made by the Committee on Indian Affairs of this House." And whereas on the 15th day of June, 1868, the President, in reply to said resolution, transmitted to this House a message and a report from the Secretary of the Interior purporting to give the information requested; and whereas the said report of the Secretary of the Interior did not contain all the records, correspondence, and propositions connected with the commission authorized to make said treaty; and whereas the chairman of said commission was Hon. N. G. Taylor, Commissioner of Indian Affairs, and a subordinate officer of the Interior Department; and whereas a portion of the records of said commission must have been suppressed by said officer if the Secretary of the Interior is correct in the statement that "no propositions made to said commission from railroad corporations or by individuals have come to the knowledge or possession of this Department:" Therefore, Resolved, That the President is again respectfully requested to furnish to this House copies of all instructions, records, and correspondence connected with the commission authorized to negotiate the late treaty with the Great and Little Osage Indians, and copies of all propositions made to said commission from railroad corporations or by individuals. Mr. BROOKS. I do not know that there is any objection to the furnishing of the information called for by the resolution, but it seems to me that the language of the preamble is hardly respectful to the Secretary of the Interior. The use of such word as "suppressed" is hardly appropriate. Mr. CLARKE, of Kansas. Can I have an opportunity of making a statement to the House? The SPEAKER. If debate arises, the resolution goes over under the rules. Mr. BROOKS. I must object to the resolution unless it is put in a different shape. The SPEAKER. The resolution being a call for executive information, it must go over if any gentleman objects. Mr. CLARKE, of Kansas. I will modify the resolution by inserting the words "it is believed;" so that it will read: "And whereas it is believed the said report of the Secretary of the Interior did not contain all the records," &c. I will also strike out the word "suppressed" and insert "withheld." Mr. BROOKS. Then I withdraw my objcction. The previous question was seconded and the main question ordered; and under the operation thereof the resolution was agreed to. Mr. CLARKE, of Kansas, moved to reconsider the vote by which the resolution was adopted; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to. MINNESOTA LAND GRANT. Mr. DONNELLY introduced a joint resolution (H. R. No. 383) to protect the existing land grant of the Minnesota valley railroad, in the State of Minnesota; which was read a first and second time. Mr. DONNELLY. I demand the previous question. The joint resolution, which was read, directs the Secretary of the Interior to permit to be filed in the proper office the plat of the loca tion of the Minnesota valley railroad through unsurveyed lands of the United States within the State of Minnesota; and from the date of such filing he shall withdraw from settlement all such lands as would, if such lands were surveyed, inure to the State of Minnesota for the benefit of said road. The question was upon seconding the previous question. Mr. UPSON. What necessity is there for this resolution? If the lands are unsurveyed, how can they be brought into market? Mr. DONNELLY. I would ask consent to answer the question. The SPEAKER. Debate is not in order pending the call for the previous question, unless by unanimous consent. Mr. WASHBURNE, of Illinois. I object. The question was taken upon seconding the previous question; and upon a division there were-ayes 16, noes 52; no quorum voting. Mr. DONNELLY. If the gentleman from Illinois Mr. WASHBURNE] will withdraw his objection for two minutes, I can explain this resolution so that there will be no objection to it. Mr. WASHBURNE, of Illinois. I insist upon my objection. Tellers were ordered; and Mr. DONNELLY and Mr. MULLINS were appointed. The House again divided; and the tellers reported that there were-ayes five, noes not counted. So the previous question was not seconded. Mr. WASHBURNE, of Illinois. I rise to debate the joint resolution. The SPEAKER. The resolution giving rise to debate goes over under the rule. REFINING OF BULLION. Mr. WINDOM. At the request of the gentleman from Ohio, [Mr. DELANO,] I introduce the joint resolution I send to the Clerk's desk, and I ask the previous question upon it. The joint resolution (H. R. No. 337) continuing the refining of bullion in the Mint of the United States and branches was then read a first and second time. The question was upon seconding the previous question. The joint resolution, which was read, provides that the Mint of the United States and branches shall continue to refine gold and silver bullion, but no contract to exchange crude or unparted bullion for refined bars shall be made until authorized by law; and section five of the act of March 3, 1853, and section three of the act of February 20, 1861, shall be repealed. The previous question was seconded and the main question was ordered. The question was upon ordering the joint resolution to be engrossed and read a third time. Mr. AXTELL. As a member of the Committee on Coins, Weights, and Measures, this subject having been before that committee this session, I ask unanimous consent to speak upon this joint resolution for five minutes. Mr. DELANO. I have no objection. Mr. AXTELL. I desire to inform the House that this subject has been before the Committee on Coins, Weights, and Measures, of which the gentleman from Pennsylvania [Mr. KELLEY] is the chairman, and we were unwilling to report any such measure to the House. Mr. BROOKS. Would it not be in order to move to refer this joint resolution to the Committee on Banking and Currency? The SPEAKER. That motion would not be in order, except by reconsidering the vote ordering the main question. Mr. WASHBURNE, of Illinois. I think the joint resolution should pass. Mr. BROOKS. I move to reconsider the vote by which the main question was ordered. The question was taken on the motion to reconsider; and upon a division there wereayes 36, noes 66. So the motion was not agreed to. The question recurred upon ordering the joint resolution to be engrossed and read a third time. Mr. BROOKS. Upon that question I call for the yeas and nays. While the yeas and nays are being taken, we may be able to find from the Electoral College votes of States out what the joint resolution is about. lately in rebellion which shall not have been reorganized; The yeas and nays were ordered. Mr. AXTELL. Would it be in order to have the sections read which it is proposed to have repealed by this joint resolution? The SPEAKER. It would not, for it would be in the nature of debate. The question was then taken upon ordering the joint resolution to be engrossed and read a third time; and it was decided in the affirmative-yeas 95, nays 34, not voting 69; as follows: YEAS-Messrs. Allison, Ames, Anderson, Arnell, Delos R. Ashley, James M. Ashley, Bailey, Baldwin, Beatty, Benjamin, Benton, Boles, Boutwell, Bromwell, Buckland, Benjamin F. Butler, Roderick R. Butler, Churchill, Sidney Clarke, Cobb, Coburn, Cook, Covode, Cullom, Dawes, Delano, Driggs, Eckley, Ela, Eliot, Fields, French, Garfield, Hamilton, Hinds, Hooper, Hopkins, Hulburd, Alexander H. Jones. Judd, Julian, Kelsey, Koontz, George V. Lawrence, William Lawrence, Loan, Loughridge, Lynch, Mallory, Marvin, Maynard, McCarthy, McClurg, McKee, Mercur, Miller, Moore, Moorhead, Mullins, Myers, O'Neill, Orth, Paine, Perham, Peters, Pile, Plants, Pomeroy, Raum, Robertson, Sawyer, Schenck, Scofield, Selye, Shanks, Spalding, Starkweather, Thaddeus Stevens, Stokes, Taffe, Taylor, Trowbridge, Van Aernam, Burt Van Horn, Van Wyck, Elihu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, Thomas Williams, William Williams, James F. Wilson, Stephen F. Wilson, Windom, and Woodbridge-95. NAYS-Messrs. Adams, Archer, Axtell, Baker, Beck, Blair, Boyer, Brooks, Cary, Chanler, Dixon, Eldridge, Ferriss, Getz, Glossbrenner, Golladay, Grover, Haight, Higby, Jenckes, Knott, Marshall, Mungen, Niblack, Randall, Ross, Sitgreaves, Stewart, Taber, Thomas, Lawrence S. Trimble, Upson, Van Auken, and Van Trump-34. NOT VOTING-Messrs. Banks, Barnes, Barnum, Beaman, Bingham, Blaine, Broomall, Burr, Cake, ReaderW.Clarke, Cornell, Deweese, Dodge, Donnelly, Eggleston, Farnsworth, Ferry, Finney, Fox, Gravely, Griswold, Halsey, Harding, Hawkins, Hill, Holman, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, Richard D. Hubbard, Humphrey, Hunter, Ingersoll, Johnson, Thomas L. Jones, Kelley, Kerr, Ketcham, Kitchen, Laflin, Lincoln, Logan, McCormick, McCullough, Morrell, Morrissey, Newcomb, Nicholson, Nunn, Phelps, Pike, Poland, Polsley, Price, Pruyn, Robinson, Roots, Shellabarger, Smith, Aaron F. Stevens, Stone, John Trimble, Twitchell, Robert T. Van Horn, Ward, Cadwalader C. Washburn, John T. Wilson, Wood, and Woodward-69. So the joint resolution was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed. Mr. DELANO moved to reconsider the vote by which the joint resolution was passed; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to. MESSAGE FROM THE SENATE. A message from the Senate, by Mr. GORHAM, its Secretary, announced that the Senate had insisted on its amendments, disagreed to by the House, to the bill (H. R. No. 1284) change and more effectually secure the collection of internal revenue on distilled spirits and tobacco, and to amend the tax on banks, had agreed to the conference asked by the House on the disagreeing votes of the two Houses, and had appointed Mr. SHERMAN, Mr. MORRILL of Vermont, and Mr. BUCKALEW conferees on the part of the Senate. The message also announced that the Senate had agreed to the amendments of the House to the joint resolution (S. R. No. 139) excluding from the Electoral College votes of States lately in rebellion which shall not have been reorganized. The message further announced that the Senate had passed, without amendment, the bill (H. R. No. 938) to authorize the sale of twenty acres of land in the military reservation at Fort Leavenworth, Kansas. ENROLLED JOINT RESOLUTIONS AND BILLS. Mr. WILSON, of Pennsylvania, from the Committee on Enrolled Bills, reported that the committee had examined and found truly enrolled joint resolutions and bills of the following titles; when the Speaker signed the same: Joint resolution (H. R. No. 281) authorizing the issue of clothing to company F, eighteenth regiment United States infantry; Joint resolution (S. R. No. 139) excluding Joint resolution (H. R. No. 201) in relation to the Rock Island bridge; An act (H. R. No. 1119) for the registration or enrollment of certain foreign vessels; An act (H. R. No. 1080) for the relief of Edward B. Allen; An act (H. R. No. 675) granting a pension to the widow and child of Cornelius L. Rice; An act (H. R. No. 672) granting a pension to the widow and children of Charles W. WilCox; An act (H. R. No. 670) granting a pension to the widow and children of Andrew Holman; An act (H. R. No. 669) granting a pension to the widow and children of Myron Wilklow; An act (H. R. No. 666) granting a pension to Henry H. Hunter; An act (H. R. No. 664) granting a pension to the children of Charles Gouler; An act (H. R. No. 663) granting arrears of pension to Cyrus K. Wood, legal representative of Cyrus D. Wood, deceased; An act (H. R. No. 662) granting a pension to the widow and children of George R. Waters; An act (H. R. No. 661) granting a pension to the widow and child of William Craft; An act (H. R. No. 521) granting a pension to Soloman Zachman; An act (H. R. No. 518) granting a pension to George F. Gorham, late a private in Company B, twenty-ninth regiment Massachusetts volunteer infantry; An act (H. R. No. 201) declaratory of the law in regard to officers cashiered or dismissed from the Army by the sentence of a general court-martial; and An act (H. R. No. 673) granting a pension to Saffrona C. Phelps, widow of John S. Phelps. WITHDRAWAL OF PAPERS. Mr. STOKES asked and obtained leave to withdraw from the files of the House papers in the case of R. Kirkpatrick. PAY OF JOHN D. YOUNG, CONTESTANT. Mr. HIGBY submitted the following resolution, on which he demanded the previous question: Resolved, That the Clerk of the House of Representatives be directed to pay to John D. Young the sum of $2,500 for expenses incurred by him in the contested-election case between himself and Samuel McKee. Mr. WASHBURNE, of Illinois. Has this resolution been before the Committee of Elections? Mr. HIGBY. The Committee of Elections are unanimously in favor of it. Mr. ASHLEY, of Ohio. Then let them report it. I move that the resolution be referred to that committee. The SPEAKER. That motion would be in order if the previous question should not be seconded. Mr. HIGBY. I ask the chairman of the Committee of Elections to state whether the committee has not acted on this resolution? Mr. COOK. As a member of the committee, I will state that the Committee of Elections have agreed to this resolution. On seconding the demand for the previous question, there were-ayes 50, noes 41; no quorum voting. The SPEAKER, under the rule, ordered tellers; and appointed Mr. HIGBY and Mr. ASHLEY of Ohio. The House divided; and the tellers reported-ayes 57, noes 58. So the previous question was not seconded. Mr. ASHLEY, of Ohio. I move the reference of the resolution to the Committee of Elections. Mr. DAWES. This resolution has been before the Committee of Elections, and it has been unanimously agreed to. Mr. McKEE. Mr. Speaker, I rise to debate the resolution. The SPEAKER. The resolution then goes over under the rules. CIVIL-SERVICE BILL. The SPEAKER. The morning hour has expired, and the House now resumes the consideration of the motion pending at the adjourn ment last Monday, that the rules be suspended so as to make the civil-service bill the special order as soon as the general appropriation bills are disposed of, and not to interfere with the tax bill. Mr. JENCKES. I yield for a moment to gentlemen to introduce bills. ARKANSAS TAX COMMISSIONERS. Mr. SCHENCK,by unanimous consent, from the Committee of Ways and Means, reported back Senate bill No. 564, concerning the tax commissioners for the State of Arkansas, with the recommendation that it do pass. The bill provides that all acts and proceedings which have been had or performed by any two of the tax commissioners in and for the State of Arkansas, shall have the same force and effect as if had and performed by the three of said commissioners. Mr. SCHENCK. This is a Senate bill, and provides that the action of two commissioners where the other was sick and did not reach the place shall be legal. The committee recommend that it pass as it came from the Senate. The bill was ordered to be read a third time; and it was accordingly read the third time, and passed. Mr. SCHENCK moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to. POST ROUTE BILL. Mr. FARNSWORTH, by unanimous consent, from the Committee on the Post Office and Post Roads, reported a bill (H. R. No. 1427) to establish certain post roads; which was read a first and second time. Mr. FARNSWORTH. The bill contains nothing but post routes. It provides for no general legislation. The bill was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed. Mr. FARNSWORTH moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to. NATIONAL BOARD OF TRADE. Mr. PILE. I desire to present the petition of the National Board of Trade, which met several weeks ago in Philadelphia, and ask that it be ordered to be printed in the Globe, as it is an important paper relating to the Mississippi river. It was ordered accordingly. The petition, which is as follows, was referred to the Committee on Commerce: SECRETARY AND TREASURER'S OFFICE, BOSTON, June 6, 1868. Whereas a bill is now pending before Congress having for its object the granting of a charter to certain individuals for the purpose of constructing a canal or channel through Pass l'Outre, one of the outlets of the Mississippi river to the sea, with the right to collect tonnage dues or toll from ali vessels making use of the same; and whereas the imposition of such a tax would be a serious detriment to the carrying trade of the country by necessarily increasing the cost of transportation on the products and manufactures of all sections: Therefore, Be it resolved, 1. That the Mississippi river, being a national highway, should always be kept free from its highest navigable point to its outlet, and no charge of any nature whatever should ever be exacted from the shipping navigating its waters. 2. That Congress be respectfully requested to refuse the passage of any such bill as is referred to in tue preamble. 3. That Congress be requested to pass a bill providing for the removal of all obstructions to te navigation of the Mississippi river and its tributaries, the work to be done under the direction of Government officers, and not, as heretofore, by contract. The above were unanimously adopted at the first meeting of the National Board of Trade, held in the city of Philadelphia, on the 6th of June, 1963. F. FRALEY, President, Attest: HAMILTON A. HILL, Secretary, FEES TO CONSULAR AGENTS. Mr. SPALDING. I ask unanimous consent to introduce a joint resolution (H. R. No. 328) exonerating certain vessels of the United States from the payment of tonnage fees to consular agents in Canada. It meets with the approval of the Committee on Com merce. There was no objection; and the joint resolution was read a first and second time. It provides that no consul or consular agent shall exact tonnage fees from any vessel of the United States touching at one or more ports in Canada on her regular voyage from one port to another in the United States, unless said consul or consular agent shall perform some official service required by law for such vessel when she shall thus touch at a Canadian port. The joint resolution was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed. Mr. SPALDING moved to reconsider the vote by which the joint resolution was passed; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to. CONSULAR PAPERS IN EVIDENCE. Mr. WASHBURNE, of Illinois. Mr.Speaker, I have a communication from the Treasury Department in relation to making certain consular papers record evidence in courts of justice. It is a matter of importance, and will be of great convenience in the trial of cases in which the United States is interested. I ask, therefore, to introduce a bill (H. R. No. 1428) authorizing the admission in evidence of the copies of certain papers, documents, and entries. The bill was reported. It provides that copies of any and all papers and documents filed or remaining in the office of any consul, vice consul, or commercial agent of the United States, and of any and all entries in the books or records of any such office, shall, when certified under the hand and official seal of the proper consul, vice consul, or commercial agent, be admissible in evidence in all courts of the United States, and shall have, as evidence, the same force and effect as the original papers, documents, or entries. The Clerk read the following letter: TREASURY DEPARTMENT, SOLICITOR'S OFFICE, July 11, 1868. SIR: Inconvenience sometimes arises from the want of a provision making properly certified copies of consular papers and records evidence in our courts. I have, therefore, prepared a short bill supplying this defect, which I herewith inclose, and I have the honor to request that, if it meets the approval of your committee, you will report it to the House of Representatives, with a view to its passage by that body. I have the honor to be, very respectfully. EDWARD JORDAN, Solicitor of the Treasury. Hon. E. B. WASHBURNE, Chairman Committee on Commerce, House of Representatives. The bill was read a first and second time, was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed. Mr. COBB moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to. NATURALIZATION. Mr. STEVENS, of Pennsylvania, by unanimous consent, introduced a bill (H. R. No. 1429) to amend an act entitled "An act to establish a uniform rule of naturalization," passed April 14, 1802; which was read a first and second time, referred to the Committee on the Judiciary, and ordered to be printed. GOVERNMENT STOCK IN CANALS, ETC. Mr. BUTLER, of Massachusetts, by unanimous consent, offered the following resolution; which was read, considered, and agreed to: Resolved, That the Committee on Naval Affairs be instructed to inquire into the expediency of author izing the Secretary of the Treasury to dispose of the property of the United States in certain canals and navigation companies, wherein the United States hold stock, which have for many years been noninterest paying. PENSION BILLS. The SPEAKER. The Senate have asked for a committee of conference on nine pension bills, the amendments being verbal. If there is no objection the House will reciprocate the request. No objection was made; and the Speaker appointed Messrs. PERHAM, VAN AERNAM, and BEATTY. FREEDMEN'S BUREAU. Mr. ELIOT. I ask unanimous consent to take from the Speaker's table Senate bill No. 567, relative to the Freedmen's Bureau, and providing for its discontinuance. I have the authority of the committee to which it would be referred to move that it be considered in the House. Mr. RANDALL. I object. Mr. ELIOT. I move to suspend the rules. Mr. JENCKES. I do not yield the floor for that. OUTRAGES IN THE SOUTII. Mr. ARNELL. I ask ananimous consent to offer the following preamble and resolution: Whereas outrages, assassinations, and murders of unparalleled atrocity continue to be perpetrated at the South upon law-abiding and unoffending Unionists by bands of masked and armed desperadoes, in such numbers and to such extent as to terrify whole communities and paralyze labor in its lawful and peaceful avocations: Resolved, That it is the duty of the Government to extend full and ample protection to all its faithful, loyal citizens at the South, white and colored, and that a special committee, to consist of three nembers of this House, be appointed to investigate these alleged outrages; and said committee is hereby empowered to send for persons and papers, and to report to this House, with all reasonable dispatch, by bill or otherwise. Mr. RANDALL. I object only to the latter part-the appointment of a committee. Mr. BROOKS. I object to the whole. I have information of some thirty or forty outrages in Minnesota and Illinois-awful outrages. EVENING SESSIONS FOR DEBATE. Mr. WASHBURNE, of Illinois. Gentlemen around me desire that there may be an evening session for debate every night this week. I therefore move that evening sessions be ordered at half past seven o'clock during the week. Mr. RANDALL. With the understanding that no vote is to be taken? No busi Mr. WASHBURNE, of Illinois. ness whatever-just a speaking school. No objection being made, it was ordered accordingly. LEAVE TO PRINT REMARKS. Mr. STEVENS, of Pennsylvania, asked and obtained consent to print a speech on the question of the purchase of Alaska. [It will be published in the Appendix.] LOUISIANA CONTESTED ELECTION. The SPEAKER laid before the House testimony, &c., in the case of the election contest of Jones vs. Mann, second congressional district of Louisiana; which was referred to the Committee of Elections. FINES ON MAIL CONTRACTORS. The SPEAKER also laid before the House a letter from the Postmaster General, transmitting, in compliance with the act of July 2, 1836, a report of fines imposed and deductions made from the pay of contractors for carrying the mails of the United States for the year ending June 30, 1867; which was referred to the Committee on the Post Office and Post Roads. SCHOOL TRUSTEES, DISTRICT OF COLUMBIA. The SPEAKER also laid before the House resolutions of a mass meeting of citizens of Washington, protesting against the passage by the House of Representatives of the Senate bill transferring the duties of trustees of colored schools to the trustees of white schools; which were referred to the Committee for the District of Columbia. CIVIL-SERVICE BILL. The SPEAKER. The question is on sus pending the rules for the purpose of considering the civil-service bill. The effect of the motion would be to bring the bill before the House now, neither the appropriation bills nor the tax bill being pending. Mr. WELKER. I would like to have the motion read. The Clerk read as follows: Suspend the rules so as to make the civil service bill a special order as soon as the general appropriation bills are disposed of, and not to interfere with the tax bill. Mr. MOORHEAD. I would ask the gentleman from Rhode Island [Mr. JENCKES] if he did not intend to put in the tariff bill? Mr. JENCKES. No, sir. Mr. WELKER. I hope the rules will not be suspended. The question was put; and there were-ayes 70, noes 49. Mr. JENCKES called for tellers. Mr. PIKE demanded the yeas and nays. The question was taken; and there wereyeas 68, nays 62, not voting 68; as follows: YEAS-Messrs. Anderson, Archer, Arnell, James M. Ashley, Axtell, Bailey, Baldwin, Beck, Boutwell, Boyer, Bromwell, Brooks, Roderick R. Butler, Cary, Chanler, Cook, Dawes, Delano, Dixon, Donnelly, Ela, Eliot, Ferriss, French, Garfield, Griswold, Grover, Haight, Hamilton, Higby, Hooper, Hulburd, Jenckes, Johnson, Alexander H. Jones, Judd, Julian, Ketcham, Mallory, Marvin, McKee, Niblack, Nunn, Perham, Peters, Pike, Plants, Poland, Pomeroy, Randall, Raum, Ross, Schenck, Scofield, Smith, Spalding, Starkweather, Stewart, Stokes, Taber, Taylor, Lawrence S. Trimble, Twichell, Henry D. Washiburn, William B. Washburn, James F. Wilson, Stephen F. Wilson, and Woodbridge-68. NAYS-Messrs. Adams, Ames, Delos R. Ashley, Baker. Banks, Beatty, Benton, Blair, Boles, Buckland, Sidney Clarke, Cobb, Coburn, Driggs, Eckley, Eldridge, Fields, Getz, Glossbrenner, Golladay, Hawkins, Hinds, Hopkins, Chester D. Hubbard, Kelsey, Kitchen, Koontz, George V. Lawrence. William Lawrence, Loan, Marshall, McCarthy, McClurg, Mereur, Miller, Moore, Moorhead, Mullins, Mungen. Myers, O'Neill, Orth, Paine, Robertson, Roots, Sawyer, Selye, Shanks, Sitgreaves, Thaddeus Stevens, Tatie, Trowbridge, Upson, Van Aernam, Van Auken, Burt Van Horn, Van Trump, Van Wyck, Welker, Thomas Williams, William Wiliams, and Windom-62. NOT VOTING-Messrs. Allison, Barnes, Barnum, Beaman, Benjamin, Bingham, Blaine, Broomall, Burr, Benjamin F. Butler, Cake, Churchill, Reader W. Clarke, Cornell, Covode, Cullom, Deweese. Dodge, Eggleston, Farnsworth, Ferry, Finney, Fox, Gravely, Halsey, Harding. Hill, Holman, Hotchkiss, Asahel W. Hubbard, Richard D. Hubbard, Humphrey, Hunter, Ingersoll, Thomas L. Jones, Kelley, Kerr, Knott, Laflin, Lincoln, Logan, Loughridge, Lynch, Maynard, McCormick, McCullough, Morrell, Morrissey, Newcomb, Nicholson, Phelps, Pile, Polsley, Price, Pruyn, Robinson, Shellabarger, Aaron F. Stevens, Stone, Thomas, John Trimble, Robert T. Van Horn, Ward, Cadwalader C. Washburn, Elihu B. Washburne, John T. Wilson, Wood, and Woodward-68. So (two thirds not voting in favor thereof) the rules were not suspended. Mr. MAYNARD stated, during the roll-call, that he was paired on this question with Mr. LOUGHRIDGE. MESSAGE FROM THE PRESIDENT. A message from the President, by Mr. W. G. MOORE, his Private Secretary, announced that the President had approved and signed bills and joint resolutions of the following titles: An act (H. R. No. 869) prescribing an oath of office to be taken by persons from whom legal disabilities shall have been removed; An act (H. R. No. 445) for the relief of Timothy Lyden, of Parkersburg, West Virginia; A joint resolution (H. R. No. 324) to extend the time for the completion of the West Wisconsin railroad; A joint resolution (H. R. No. 154) in relation to the settlement of the accounts of certain officers and agents who have disbursed public money under the direction of the chief of engineers; An act (H. R. No. 1325) for the relief of Benjamin B. French, late Commissioner of | Public Buildings; An act (H. R. No. 1069) for the relief of Charles B. Tanner, late first lieutenant sixtyninth Pennsylvania volunteers; An act (H. R. No. 453) increasing the pen sion of Nancy Weeks, widow of Francis Weeks, late an ensign in the revolutionary war; An act (H. R. No. 1156) authorizing the Commissioners of the General Land Office to issue a patent to F. N. Blake for one hundred and sixty acres of land in Kansas; An act (H. R. No. 366) to incorporate the National Hotel Company of Washington city; An act (H. R. No. 420) to incorporate the Connecticut Avenue and Park Railway Company in the District of Columbia; An act (H. R. No. 1069) to provide for certain claims against the Department of Agriculture; and An act (H. R. No. 650) to amend the act of 3d of March, 1865, providing for the construction of certain wagon-roads of Dakota Territory. PAPERS WITHDRAWN. Mr. BENJAMIN asked and obtained leave to withdraw from the files of the House the papers of Robert V. Keller, copies to be left on the file. WASHINGTON TARGET-SHOOTING ASSOCIATION. Mr. BALDWIN, from the committee of conference on the disagreeing votes of the two Houses on the bill (H. R. No. 344) to incorporate the Washington Target-shooting Association in the District of Columbia, submitted the following report: The committee of conference on the disagreeing votes of the two Houses on the bill (H. R. No. 314) to incorporate the "Washington Target-shooting Association" in the District of Columbia, having met, after full and free conference, have agreed to recommend, and do recommend to their respective Houses, as follows: That the House recede from its disagreement to the amendment of the Senate to the said bill, and agree to the same with an amendment, as follows: Strike out of said amendment, after the word provided," in the first line, the following words: "The amount of real property or estate to be held by the said association shall not exceed in value the sum of $50,000; and provided further that." And the Senate agree to the same. Mr. JULIAN. I move that the rules be suspended in order that I may have an opportunity to submit the following resolution: Resolved. That the House will hold an evening session on Tuesday evening, at half past seven o'clock, for the purpose of receiving and considering the report of the Committee on the Public Lands on the Sutro tunnel. Mr. WASHBURNE, of Illinois. I hope not; that is nothing but a huge gambling operation. The question was taken on the motion to suspend the rules, and it was not agreed to. FREEDMEN'S BUREAU. Mr. ELIOT. I move that the rules be suspended, for the purpose of taking from the Speaker's table Senate bill No. 567, relating to the Freedmen's Bureau, and providing for its discontinuance, in order that it may be considered at the present time. Mr. BROOKS. I think I must call the yeas and nays on the motion to suspend the rules unless some time can be allowed to discuss this bill. I know it will be passed; but I would prefer to have a little discussion on it. Mr. ELIOT. If the gentleman desires to discuss this bill for ten minutes, I will consent to yield that time to him. Mr. BROOKS. That is a great deal of time; we are usually allowed one minute. We are profoundly grateful to the gentleman for his generosity. The question was upon the motion to suspend the rules in order to take the Freedmen's Bureau bill from the Speaker's table. Mr. ELIOT. If the bill can be considered as before the House, I will yield for ten minutes to the gentleman from New York, [Mr. BROOKS.] No objection was made, and the bill was accordingly taken from the Speaker's table, and read a first and second time. The question was upon ordering the bill to be read a third time. The first section ofthe bill, which was read, provides that the duties and powers of the Commissioner of the Bureau for the Relief of Freedmen and Refugees shall continue to be discharged by the present Commissioner of the bureau, and in case of vacancy in said office occurring by reason of his death or resignation the same shall be filled by appointment of the President on the nomination of the Secretary of War, and with the advice and consent of the Senate; and no officer of the Army shall be detailed for service as Commissioner or shall enter upon the duties of Commissioner unless appointed by and with the advice and consent of the Senate; and all assistant commissioners shall be appointed by the Secretary of War on the nomination of the Commissioner of the bureau. In case of vacancy in the office of Commissioner happening during the recess of the Senate the duties of Commissioner shall be discharged by the acting assistant adjutant general of the bureau until such vacancy can be filled. The second section provides that the Commissioner of the bureau shall, on the 1st day of January next, cause the said bureau to be withdrawn from the several States within which said bureau has acted and its operations discontinued as soon as the same may be done without injury to the Government. But the educational department of the said bureau and the collection and payment of moneys due the soldiers, sailors, and marines, or their heirs, shall be continued as now provided by law until otherwise ordered by act of Congress. Mr. ELIOT. I now yield to the gentleman from New York [Mr. BROOKS] for ten minutes. Mr. BROOKS. I have hardly had time to read this bill sufficiently to fully understand it. But it is presumed that we know all about it, by a sort of happy instinct, so that it is hardly necessary to discuss it or to know anything about the scope and effect of it. This bill turns up in the House for the first time this morning, and will be put upon its passage and made a law, so far as this House can make it a law, within twenty-five or thirty minutes at the furthest. We do business by steam, at high pressure, at the speed of a locomotive in full course, sixty and sometimes eighty miles an hour. Put into plain English, this bill, as I understand it, creates General Howard supreme and absolute sovereign over the affairs of the Freedmen's Bureau so long as he may choose to continue at its head, without any interference upon the part of the President or the Secretary of War. It makes him entire master and controller of the bureau. This bill provides that: No officer of the Army shall be detailed for service as commissioner or shall enter upon the duties of commissioner unless appointed by and with the advice and consent of the Senate; and all assistant commissioners, agents, clerks, and assistants shall be appointed by the Secretary of War, on the nomination of the commissioner of the bureau. Thus this bill, as I have said, makes General Howard supreme in all his appointments. I believe it has been established in a speech made by my friend from Pennsylvania [Mr. BOYER] that, notwithstanding the declaration of the honorable gentleman from Massachusetts, [Mr. ELIOT,] that this bureau has cost but $6,000,000 a year, the actual cost is $15,000,000. I ask my friend from Pennsylvania whether I am right? Mr. BOYER. From some investigation which I have made in relation to the expenses of the Freedmen's Bureau, I verily believe that the annual cost of the bureau is at least $15,000,000 a year. Mr. BROOKS. So that, in point of fact, the sum of $15,000,000 annually is confided to the absolute and supreme disposal of General Howard. I do not know how honest this General Howard may be; but this is too much money and too much power to be put at the disposal of any one man. General Howard's prosperity has been wonderful. This, it is said, has arisen from the contributions of individuals and societies; but, however that may be, I can only say that he has in course of erection on one of the beautiful hills adjacent to this city one of the most palatial residences to be seen in this or any other city of the Union. The second section provides in the beginning for the discontinuance of the bureau on the 1st of January next; but that provision is afterward nullified by the words "as soon as the same may be done without injury to the Government. The provision is in these words: That the commissioner of the bureau shall, on the 1st day of January next, cause the said bureau to be withdrawn from the several States within which said bureau has acted, and its operations discontinued, as soon as the same may be done without injury to the Government. Who is to judge of this "injury to the Government?" General Howard. And it is not likely that General Howard will ever think it for the interest of the Government to discontinue this bureau so long as he may be at the head of it. But even if the bureau could be discontinued without, in General Howard's estimation, "injury to the Government," the bill makes the following provision: But the educational department of the said bareau, and the collection and payment of moneys due the soldiers, sailors, and marines, or their heirs, shall be continued as now provided by law, until otherwise ordered by act of Congress. So that this bill, pretending to be a discontinuance of the Freedmen's Bureau, provides in reality for its continuance and perpetuation, subject only to the future action of Congress. I object, therefore, to the bill as deceptive in its provisions. It is not an abolition or a discontinuance of the bureau, but its prolongation and pemanent establishment until repealed by further action of Congress. The bill con tains this additional provision : Provided, however, That the provisions of this section shall not apply to any State which shall not, on the 1st of January next, be restored to its former political relations with the Government of the United States, and be entitled to representation in Con gress. My Who is to judge of this restoration to "former political relations" and the right to representation in Congress? Is this to be determined by General Howard, or by the two Houses of Congress and the President of the United States? The bill contains no exposition, no declaration whatever on this subject. objection to this proviso is that under it, in such States as Mississippi, Texas, and Virginia, and other States that may not be restored to their "former political relations," this bureau is to be continued indefinitely until the two Houses of Congress shall repeal the act. Here is a bill which in the beginning pretends to discontinue the Freedmen's Bureau, but in the end provides for its continuance through all time in certainly three States of the Union, unless the commissioner of the bureau or the two Houses of Congress should hereafter otherwise determine. Sir, we may disguise this matter of the Freedmen's Bureau as we please, it is nothing but an electioneering machine from the beginning to end. It is the contrivance of this Congress to manipulate, control, regulate, and dominate the southern States of this Union in order to keep those States subject to this Congress. Through the agency of this Freedmen's Bureau the northern people have heavy additions to their burdens of taxation. The northern people, who pay $1 25 per pound for tea, the people who buy sugar, the people who buy coffee, the people who are taxed in every form, are taxed for the support of the Freedmen's Bureau. It is to affect the |