have not to-day afloat an American steamer that carries our mail. Sir, I want not only to see individuals but our property and our mails under the protection of our own flag. Mr. CONNESS obtained the floor. Mr. SHERMAN. I wish to call up a privileged motion which is lying on the table-the resolution fixing the time of adjournment. Several SENATORS. Not now. Mr. SUMNER. Not to-day. Mr. SHERMAN. I think we ought to fix the time. The state of business is such that I think we can do it now. The PRESIDENT pro tempore. That res olution can only be taken up at this time by common consent. I do not know that it has any privilege over any other question. Mr. SHERMAN. I move to suspend all other business for the purpose of taking it up. Mr. CONNESS. I believe the Senator cannot take the floor from me. Mr. SHERMAN. I did not know that the Senator had the floor. Mr. HOWE. I think I must call for the order of the day. I do not see that it is likely to have a vote on the bill which was called up by the Senator from Kansas. Mr. CONNESS. I am as anxious that that bill shall pass as anybody, so that it is passed in the right form; but I think if we have a little time we shall perhaps agree in regard to it. I have an amendment to propose, which I think will reconcile what I will call again the friends of the bill to the amendment that has been made. I will endeavor to occupy as little time as possible. Mr. POMEROY. I see there is such opposition to the bill that it will necessarily take some time. I am only sorry that it is not for a line of steamships in the Pacific seas, and then it would go through. Mr. CONNESS. That is an entirely gratuitous speech which the honorable Senator from Kansas makes, and it is an unworthy one, too, in my opinion. The PRESIDENT pro tempore. The half hour for which the regular order was postponed has expired, and the unfinished business of yesterday is now regularly before the Senate. HOUSE BILL REFERRED. The bill (H. R. No. 1431) granting a pension to Emmelene H. Rudd, widow of the late Commodore John Rudd, deceased, was read twice by its title, and referred to the Committee on Pensions. COMMITTEE SERVICE. Mr. SUMNER. I move that the vacancy upon the Committee on Foreign Relations caused by the resignation of Mr. Johnson, of Maryland, be filled by the Chair. The motion was agreed to; and Mr. DooLITTLE was appointed to supply the vacancy. CIVIL APPROPRIATION BILL. A message from the House of Representatives, by Mr. MCPHERSON, its Clerk, announced that the House agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the bill (H. R. No. 818) making appropriations for sundry civil expenses of the Government for the year ending June 30, 1869, and for other purposes, and having laid on the table a motion to reconsider the vote thereon, it was out of the power of the House, except by unanimous consent, (which had been refused,) to return to the Senate, pursuant to its request, the resolution of the House agreeing to said report. ENROLLED BILLS SIGNED. The message also announced that the Speaker of the House had signed the following enrolled bills; and they were thereupon signed by the President pro tempore: A bill (H. R. No. 631) amendatory of an act approved July 26, 1866, entitled "An act to authorize the construction of certain bridges and to establish them as post roads ;" A bill (H. R. No. 818) making appropriations for sundry civil expenses of the Govern ment for the year ending June 30, 1869, and for other purposes; A bill (S. No. 567) relating to the Freedmen's Bureau and providing for its discontinuance ; and A bill (H. R. No. 605) making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th of June, 1869, and for other purposes. WEST POINT AND CORNWALL ROAD. tives, by Mr. MCPHERSON, its Clerk, announced that the House had passed the following bill and joint resolution, in which it requested the concurrence of the Senate: A bill (H. R. 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 was still living, 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 the time of his discharge till death to be paid over to his father, Charles D. Cox; and Mr. WILSON. I am directed by the Committee on Military Affairs and the Militia, to whom was referred the bill (H. R. No. 761) to construct a wagon-road from West Point to Cornwall Landing, all in the county of Orange, State of New York, to report it back without amendment. This is a bill of only ten lines, which passed the Senate on a former occasion, and I should like to have it put on its passage Oswego, New York. now. By unanimous consent the bill was considered as in Committee of the Whole. It proposes to direct the superintendent of the Military Academy at West Point to use the labor in the employ of the United States Government at that post, when not otherwise employed, in building and constructing a wagonroad from West Point to Cornwall Landing in the county of Orange, the road to be located under the direction of the superintendent, over land now belonging or hereafter to be ceded to the Government of the United States for that purpose. The bill was reported to the Senate, ordered to a third reading, read the third time, and passed. PENSION APPROPRIATION BILL. A joint resolution (H. R. No. 296) giving the assent of the United States to the construction of certain wharves in the harbor of INDIAN APPROPRIATION BILL. The Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. No. 1073) making appropriations for the current and contingent expenses, of the Indian department, and for fulfilling treaty stipulations with various Indian tribes for the year ending 30th June, 1869. The PRESIDENT pro tempore. If there be no objection, the amendments reported by the Committee on Appropriations will be considered as they are reached in the reading of the bill. The Chief Clerk proceeded to read the bill. The first amendment reported by the Committee on Appropriations was on page 7, line one hundred and forty-four, to insert the fol Mr. MORRILL, of Maine, submitted the lowing: following report: The committee of conference on the disagreeing votes of the two Houses on the amendments to the bill (H. R. No. 678) making appropriations for the payment of invalid and other pensions of the United States for the year ending June 30, 1869, 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 their disagreement to the first amendment of the Senate, and agree to the same. That the House recede from their disagreement to the second amendment of the Senate, and agree to the same, with an amendment as follows, namely: strike out all of said amendment after the word laws" in line eight; and the Senate agree to the same so modified. L. M. MORRILL, WM. LAWRENCE, Managers on the part of the House. Mr. MORRILL, of Maine. Perhaps I ought to state to the Senate the effect of this report. It simply requires pensions to be paid from the pension fund. The House required the fund known as the naval pension fund to be covered into the Treasury; they now recede from that and leave the fund as now provided by law. That is the substance of the report. The report was concurred in. BRIDGES ON THE MISSOURI RIVER. The Senate proceeded to consider the amendment of the House of Representatives to the bill (S. No. 355) authorizing the construction of a bridge across the Missouri river upon the military reservation at Fort Leavenworth, Kansas, which was to add to the bill the following additional section: And be it further enacted, That it shall be lawful for the St. Joseph and Denver City Railroad Company, a corporation created by the laws of the State of Kansas, to build a bridge over and across the Missouri river at St. Joseph, Missouri; and all the rights and privileges conferred by sections one, two, four and five, of this act are hereby extended, so far as they are applicable, to the St. Joseph and Denver City Railroad Company, and conditions contained in said sections are hereby made applicable to said company. Mr. WILSON. I move that the Senate concur in the amendment. The motion was agreed to. MESSAGE FROM THE HOUSE. A message from the House of Representa Chippewas of Saginaw, Swan Creek, and Black For this amount, to be placed to the credit of the educational fund of the Chippewas of Saginaw, Swan Creek, and Black river, per fourth article treaty 18th October, 1864, $20,000. The amendment was agreed to. The next amendment was on page 8, after line one hundred and eighty-three, under the appropriations for "Chippewas of Lake Superior" to insert the following: For the support of a smith and shop for the Boisé Fort band, during the pleasure of the President, per twelfth article treaty 30th September, 1854, and third article treaty April 7, 1866, $660. The amendment was agreed to. The next amendment was to insert after the amendment just adopted the following: For the support of two farmers for the Boisé Fort band, during the pleasure of the President, per twelfth article treaty September 30, 1854, and third article treaty April 7, 1866, $1,200. The amendment was agreed to. The next amendment was on page 15, under the appropriations for Chippewas, Pillager, and Lake Winnebogoshish bands," in line three hundred and forty-six, to strike out "one" and insert "three;" so that the clause will read : For fourteenth of twenty installments for purposes of education, per third article treaty 22d February, 1855, $3,000. The amendment was agreed to. The next amendment was on page 15, lines three hundred and forty-nine and three hundred and fifty, to strike out "twelve hundred and forty" and to insert "twenty-one hundred and twenty;" so that the clause will read: For fourteenth of fifteen instalments for support of two smiths and smiths' shops, per third article treaty 22d February, 1855, $2,120. The amendment was agreed to. The next amendment was on page 22, in the appropriations for the Creeks, after line five hundred and nine, to insert the following: For blacksmith and assistant and for shop and tools, during the pleasure of the President, per fifth article treaty 14th February, 1833, and fifth article treaty 7th August, 1856, $840. For iron aud steel for shop, during the pleasure of the President, per fifth article treaty 14th February, 1833, and fifth article treaty 7th August, 1856, $270. For wagon-maker, during the pleasure of the Pres ident, per fifth article treaty February 14, 1833, and fifth article treaty August 7, 1856, $600. The next amendment was on page 41, in the For assistance in agricultural operations, during appropriations for the Pottawatomies, after line the pleasure of the President, per eighth article nine hundred and ninety-five, to insert: treaty January 24, 1826, and fifth article treaty August 7, 1856, $2,000. For education, during the pleasure of the President, per fifth article treaty February 14, 1833, and fifth article treaty August 7, 1856, $1,000. The amendment was agreed to. The next amendment was on page 35, under the head of appropriations for the Nez Perce Indians, line eight hundred and thirty-six to insert twenty" before "five," so that the clause will read: For third of four installments to enable the Indians to remove and locate upon the reservation, to be expended in ploughing land and fencing lots, as per first clause fourth article treaty of June 9, 1863, $25,000. The amendment was agreed to. The next amendment was on page 35, line eight hundred and forty-four, to strike out "one" and insert "three;" so that the clause will read : For third of the sixteen installments for boarding and clothing the children who shall attend the schools, providing the schools and boarding-houses with necessary furniture, the purchase of necessary wagons, teams, agricultural implements, tools, &c., and for fencing of such lands as may be needed for gardening and farming purposes for the schools, as per fourth clause fourth article treaty of June 9, 1863, $3,000. The amendment was agreed to. The next amendment was on page 35, line eight hundred and forty-six, to strike out "four" and insert "five," and after the word "dollars" to insert the word "each ;" so that the clause will read : For salary of two subordinate chiefs, as per fifth article treaty of June 9, 1863, $500 each. The amendment was agreed to. The next amendment was on page 36, line eight hundred and fifty-five, to strike out "one" and insert "two;" so that the clause will read : For second of fifteen installments for repairs of houses, mills, shops, &c., and providing the necessary furniture, tools, and materials, as per article fifth treaty June 9, 1863, $2,000. The amendment was agreed to. The next amendment was on page 36, line eight hundred and sixty, to strike out $3,000" and insert$7,600; so that the clause will read: For salary of two matrons to take charge of the boarding-schools, two assistant teachers, one farmer, one carpenter, and two millers, as per fifth article treaty of June 9, 1863, $7,600. The amendment was agreed to. The next amendment was on page 36, under the appropriations for the Omahas, after line eight hundred and sixty-six, to insert: For third of ten installments for keeping in repair a grist and saw mill, and support of blacksmith shop, per eighth article, treaty March 16, 1864, and third article, treaty March 6, 1865, $400. For third often installments for pay of one engineer and assistant, per same treaties, $1,800. For third of ten installments for pay of one miller, per same treaties, $900. For third of ten installments for pay of one farmer, per same treaties, $900. For third of ten installments for pay of blacksmith, per same treaties, $900. The amendment was agreed to. The next amendment was on page 38, under the appropriations for the Pawnees, after line nine hundred and eighteen to insert: For support of two manual labor schools during the pleasure of the President, per third article treaty September 24, 1857, $10,000. For purchase of iron and steel and other necessaries for the shops, during the pleasure of the President, per same treaty, $500. For pay of two blacksmiths, one of whom to be a gun-smith and tin-smith, per same treaty, $1,200. For compensation of two strikers or apprentices in blacksmith's shop, per same treaty, $480. For the purchase of farming utensils and stock, during the pleasure of the President, per same treaty, $1,200. For pay of farmer, per same treaty, $600. For the last of ten installments for pay of miller, at the discretion of the President, per same treaty, $600. For last of ten installments for pay of an engineer, at the discretion of the President, per same treaty, $1,200. For compensation to apprentices to assist in working the mill, per same treaty, $500. For keeping in repair the grist and saw mills, per came treaty, $300. The amendment was agreed to. For education, during the pleasure of Congress, per third article treaty of October 16, 1826, second article treaty September 20, 1828, and fourth article treaty October 27, 1832, $2,000. The amendment was agreed to. The next amendment was on page 57, line thirteen hundred and seventy-eight, after the word "objects" to strike out at the discretion of the President;" and in line thirteen hundred and eighty to strike out "six" and insert "eight;" so that the clause will read: Yakama nation: For fourth of five installments of second series for beneficial objects, per fourth article treaty 9th June, 1855, $8,000. The amendment was agreed to. The next amendment was on page 62, line fifteen hundred and eight, to strike out "five" and insert "fifteen;" so that the clause will read: For this amount to carry out the action contemplated by act of Congress, approved May 5, 1864, entitled "An act to vacate and sell the present Indian reservations in Utah Territory, and to settle said Indians in Uintah valley, $15,000. The amendment was agreed to. The next amendment was on page 63, line fifteen hundred and twenty-eight, to strike out "thirty" and insert "fifty-five;" so that the clause will read: For the purchase of cattle for beef and milk together with clothing and food, teams and farming tools for Indians in California, $55,000. The amendment was agreed to. Mr. HENDERSON. I am instructed by the Committee on Indian Affairs to offer various amendments to this bill. The Clerk has a printed copy. He can read them. The Chief Clerk read the first amendment of the Committee on Indian Affairs, which was in line eleven, after "agents," to strike out "$99,000" and insert "$116,550;" so as to make the appropriation for the pay of superintendent of Indian affairs and of Indian agents $116,550. Mr. HOWE. I would propose to the Senator to omit that amendment now until the other amendments on which that depends are acted on. Mr. HENDERSON. Very well; let it be passed over for the present and let the next be read. The Chief Clerk read the next amendment, which was in line sixteen, under the heading of "Superintendents of Indian Affairs," after "California" to insert: One for the State of Nevada, one for the Territory of Arizona, and one for Montana and Idaho. The amendment was agreed to. The next amendment was in line eighteen to strike out "one" and insert "three;" so as to allow three Indian agents for the tribes in Oregon. The amendment was agreed to. The next amendment was in line twentythree to strike out "four" and insert "six;' so as to allow six Indian agents for the Indians east of the Rocky mountains. The amendment was agreed to. The next amendment was in line twentyeight, after "Wisconsin," to strike out "one" and insert "three;" so as to allow three Indian agents for the tribes in Washington Territory. The amendment was agreed to. The next amendment was to insert after line fifty-three the following: For temporary clerks to superintendents of Indian affairs, $5,000. Mr. HOWE. I ask for an explanation of that amendment. Mr. HENDERSON. I believe there are eleven superintendents of Indian affairs. The Department say that it is necessary to furnish clerks to some of these superintendents, not for the entire year, but for a portion of the year. It is obligatory on the superintendents to keep the accounts of the Indians, especially in Washington Territory and Oregon and California, where the Indians now are farming to a very considerable extent, doing a large business, and I understand from the Department that it is necessary for the superintendent, there being but one to each of these States and Territories, to have, a portion of the year at any rate, a clerk. The Senator will find with the estimate of the Department in Senate Execu tive Document No. 62, which he has before him, about the middle of the second page: Pay of temporary clerks for superintendents of Indian affairs, $5,000. This item is omitted in the bill. It is utterly impossible for superintendents to perform their duties with dispatch without the assistance of clerks. I will state to the Senate that in looking at former appropriation bills I find that this appropriation has been for a number of years made. The business of superintendents is increasing, and very largely increasing, as the Indians become more civilized; that is, they have clerical duties to perform which they had not formerly. I can only state what the Department say in regard to it. Mr. HOWE. It is introducing a new item of expenditure. Mr. HENDERSON. Not by any means. It has been made heretofore. Mr. HARLAN. If the Senator will pardon me, it is not new. It was left out I suppose accidentally by the House in the original bill. This is a service that must be had. The superintendents are compelled to travel a part of the time around the different agencies, and while they are away, the correspondence has to be taken care of, and during part of the year, therefore, they must have some clerical help. Mr. HOWE. Does the Senator understand that this is an ordinary appropriation? Mr. HARLAN. I think so. I think it is estimated for and appropriated regularly. Mr. HOWE. I do not so understand it; but I may be wrong about it. If it is supposed to be necessary for the service, of course the money must be appropriated, but I was not able to see the necessity of it myself. I shall submit, however, to the vote of the Senate. The amendment was agreed to. The next amendment of the Committee on Indian Affairs was in lines fifty-four and fiftyfive, after the words " pay of interpreters' to strike out" $20,400" and insert" $29,200.” Mr. HOWE. This amendment calls for an additional appropriation of over eight thousand dollars for the pay of interpreters. I will ask the Senator from Missouri if he supposes that additional sum to be necessary? Mr. HENDERSON. The Department, in reference to this appropriation say, as follows: "Pay of interpreters changed from $29,200 to $20,400, being a deficiency of $8,800. It is necessary that each agent and sub-agent should have an interpreter, and where one agent has charge of more than one tribe it is necessary to have one for each tribe. There are seventy agents and sub-agents, consequently there should be that number of interpreters Only sixty-three are asked to be provided, which number is certainly not too great.” I believe that that gives a salary of $500 to interpreters west of the mountains, and a salary of $400 per annum to interpreters east of the mountains, and there are sixty-three asked for, which, at the prices I have named, amounts to $29,200, the amount I asked for. I am exceedingly anxious to reduce the expenses of the department, but I cannot understand how it is that this item of $20,400, contrary to all the precedents on the subject, should have been adopted. I do not understand that interpreters can be employed at such prices as to enable the department to get along with that amount of money. If I saw that it was possible to do so, I should not ask to increase it, but my impression is that the department do not ask for more than they ought to have. Surely qualified interpreters cannot be employed for a less sum of money, and the Senator will see at once the number that is required. I refer him to page 2 of the remarks of the department on the subject of this bill as it came to the Senate. The amendment was agreed to. The next amendment was to insert after line fifty-five: For presents to Indians, $5,000. For provisions for Indians, $11,800. Mr. HOWE. I must ask for an explanation of that. Mr. HENDERSON. I understand that it has been usual in years past to make a small appropriation, and put it in the power of the Department at certain times when it is supposed that something in the way of an amicable feeling may be encouraged with Indian tribes, to use a small amount of money in making presents. It has heretofore been appropriated, and the Department ask that it should be done now. As a general thing I am not very favorable to making these presents; but the Department thinks that it will facilitate their operations to have a small sum appropriated. The $11,800 asked for provisions ought certainly to be appropriated. I can state to the Senate what I understand to be the object of that appropriation. Sometimes it becomes necessary for superintendents or agents to notify Indians to appear before them, and sometimes Indians from other tribes visit them, and on occasions of that sort it is absolutely essential during the time of the visits to support the Indians that come. It is a very small amount of money, and I suppose it can be profitably used. Something of course ought to be had for occasions of that character. The Senate will see at once that occasions may arise where peace commissioners make visits from one tribe to another, where it is necessary to make expenditures, where the Department ought to have some fund at its discretion to pay these expenses. As to the presents, I care but little about that item. Mr. HOWE. I suppose substantially both appropriations are for presents. Whenever the Indians are called to a conference with the agents or officers of the Government, it is on the business of the Indians themselves, and they are always able to travel. The means of locomotion, being provided by themselves, are always at hand. They are never at a want for such facility. It appropriates just so much money for which there is no just accountability, and I think the sooner we drop off these expenditures, which are not required by any law, not required by any treaty, and which I submit with all respect are not required by any necessity of the service, the better. Come down to the contracts existing, and abide by those, and make new ones when these existing ones are found inadequate. The PRESIDENT pro tempore. The question is on the amendment offered by the Senator from Missouri from the Committee on Indian Affairs. The question being put, there were on a division-ayes 11, noes 4; no quorum voting. Mr. WILSON. I ask for the yeas and nays. The yeas and nays were not ordered. Mr. HOWE. There is evidently a disposition to agree to this amendment. The chairman of the Committee on Indian Affairs himself says that one branch of it is not necessary. I do not think either is necessary. I hope the Senate will not insist upon an appropriation on which both committees are at least indifferent or disagree. I hope the Senate will not force any money out of the Treasury. Mr. HENDERSON. I suppose, in order to compromise the case between the two committees, it would be well perhaps to withdraw that part of the amendment which relates to presents and let the other go, if that will be satisfactory to the Senator. I have no desire to press against his wishes the first part of the amendment; bvt the latter portion of it the Senator will see from the explanation I have made may be very necessary. I suppose if the money is not needed by the Department it will not be used, but will remain in the Treasury. There are occasions when this money might well be used beneficially to the Government, and I think that that portion of the amendment anyhow ought to be adopted. I will withdraw the first part of it, "for presents to Indians $5,000, and renew the amendment "for provisions for Indians $11,800." Both these appropriations have been made regularly froin the year 1836. Mr. HARLAN. I am perfectly amazed that anybody who has any conversance with this subject should object to this little appropriation of $5,000 for presents to the Indian tribes numbering some three or four hundred thousand, with whom we are constantly in communication. Take, for instance, a case where the Indians steal a white woman or child and carry it off. Friendly Indians go and steal it back, and the agent has to recognize this service and give the Indian who released the white child or white woman a few dollars in silver to encourage this fidelity to the Government. It is a branch of the service in which it is impossible to get along without an appropriation. Somebody will have to spend the money; and if you do not appropriate it, it will have to be taken out of the salaries of some of the employés of the Government. Mr. RAMSEY. Is this an appropriation of $5,000 for presents for all the superintendencies in the country? Mr. HENDERSON. That is it. Mr. RAMSEY. Is there no other appropriation for that purpose? Mr. HENDERSON. None other. Mr. RAMSEY. Then I am surprised that the Committee on Appropriations should hesitate a moment about it. How can a superintendent of Indian affairs treat with Indians unless he has the power to give them a little tobacco and flour and powder and things of that kind when visiting them? How is he to effect anything? Mere reasoning with them, as you would among Senators here, will not effect anything. They sometimes, as the Senator from Iowa very properly says, render very great service to us, and it is desirable to encourage such service, and we must reward them in some way. When a large body of Indians are to be treated with, they must be fed of course; you must have an ox at least, a couple of barrels of flour, and a box of tobacco, and by this means you effect a great deal, save an expenditure of much money in some other way, possibly avoid war, and save trouble. These little presents made in due and proper time may be very efficacious in that way. The Indian department from the beginning of the Government has had to use money in this way. Five thousand dollars, as the Senator from Iowa says, for three or four hundred thousand Indians is a very small matter indeed. If they were concentrated in a small territory it would be different; but they are scattered over the whole continent, there are some half a dozen or dozen superintendencies, and of course each superintendent will require a portion of the money to expend among the Indians under his charge. It is a very small thing, and I do not think the Senate ought to hesitate a moment about it. The PRESIDENT pro tempore. The Chair will put the question again on this amendment. Mr. HOWE. I do not know but that I shall have to yield, if the Senator from Minnesota is sure that these tribes are not as reasonable as the Senate. I do not know but that $5,000 may be necessary to keep a few hundred thousand of them in peace and amity with the people of the United States. But when it is seriously argued here in the Senate that $5,000 serves any good purpose in keeping peace with all the Indian tribes between the two oceans, I can only reply that that idea may answer in the Senate, but it would be laughed at in any Indian lodge between these two oceans. I do not think we are buying captive women back with this money. I do not believe that that is the way our authority is maintained. I do not know, I never have seen any account of the manner in which this $5,000 is disbursed. It is said to have been regularly appropriated I since 1836. The Senator from Missouri thought it was not essential; the Committe on Appropriations thought it was not essential; but other Senators seem to think it is indispensable. I shall submit to the vote of the Senate. Mr. HARLAN. Mr. President, I mentioned the word "woman" to which the Senator has just referred because I happen to know personally of a case of that kind within the last three years. One tribe of Indians captured a woman on the frontier and took her off to the mountains. The officers interested some friendly Indians in an attempt to recover her; and they sent out some runners for her, and finally negotiated a pony or two and brought back the captive woman, and the President of the United States ordered that fifty silver dollars should be given to the Indian who had sold his ponies to the other tribe for this captured woman. Mr. HOWE. Did it come out of this fund? Mr. HARLAN. Out of some such fund. Where else did it come from? Mr. HOWE. The President had no control of this fund. Mr. HARLAN. He controls all these miscellaneous disbursements, if he chooses. It is for such purposes that these little appropriations are called for and are necessary. The PRESIDENT pro tempore. The ques tion is on the amendment. The amendment was agreed to. Mr. POMEROY. The last vote we had disclosed the fact that we were without a quorum. I do not think that we can go on until there is a quorum. It was announced by the Chair that we were without a quorum. How are you going to get over the want of a quorum? The PRESIDENT pro tempore. It was announced by the Chair that there was not a quorum voting. Mr. POMEROY. The only evidence that there is a quorum here is that a quorum votes. That is the evidence to the Chair; and when the Chair says that there is no quorum voting the presumption is that there is no quorum here. The PRESIDENT pro tempore. The Chair now sees a quorum present. Mr. POMEROY. The Chair's judgment that there is a quorum does not alter the record. The PRESIDENT pro tempore. The next amendment will be read. The Chief Clerk read the next amendment of the Committee on Indian Affairs, which was in lines fifty-six and fifty-seven to strike out "$5,000" and insert "$10,000;" so that the clause will read: For buildings at agencies and repairs thereof, $10,000. The amendment was agreed to. The next amendment was in lines fifty-eight and fifty-nine, to strike out "$20,000" and insert "$36,500;" so that the clause will read: For contingencies of the Indian department, $36,500. The amendment was agreed to. The next amendment was in line eighty-nine, after the head line "Apaches" to insert "Kiowas and Comanches." The amendment was agreed to. The next amendment was to strike out from line ninety to line one hundred and six, inclusive, in the following words: For third of forty installments, to be expended under the direction of the Secretary of the Interior, according to the terms of the second article treaty October 17, 1865, $10,000. For this amount, or so much thereof as may be necessary, for the transportation of goods, provisions, &c., purchased for the Apache Indians, according to the terms of the same article of same treaty, $2,000. Arapaho and Cheyenne Indians of the Upper Arkansas river: For third of forty installments, to be expended under the direction of the Secretary of the Interior, according to the terms of the seventh article treaty of October 14, 1865, $40,000. For transportation of goods, provisions, &c., purchased for the Arapaho and Cheyenne Indians of the Upper Arkansas river, $10,000. And to insert in lieu thereof the following: For the first of thirty installments provided to be expended under the tenth article of the treaty of Octo THE CONGRESSIONAL GLOBE. ber 21, 1867, concluded at Medicine Lodge Creek, in Kansas, with the Kiowas and Comanches, and under the third article of the treaty of the same date, made with the Apaches, the amount herein appropriated to be in lieu of the third of forty installments, to be paid to the Kiowas and Comanches under the fifth article of the treaty of October 18, 1865, and in lieu of the second article of the treaty with the Apaches of October 17, 1865, $56,000, or so much thereof as may be needed to comply with the requirements of said treaties. For the construction of an agency building, according to the fourth article of said treaty, $3,000. For the construction of a warehouse and storeroom for the use of said agent, $1,500. For the building of a residence of a physician to said Indians, $3,000. For the salary of a physician, $1,500. Mr. HARLAN. I would inquire of the chairman of the Committee on Indian Affairs on what estimates the sum of $3,000 is put in for the residence of a physician? Is it a mere conjecture that it will cost that amount, or has some estimate been made? Mr. HENDERSON. It is the amount specified in the treaty, the treaty made at Medicine Lodge Creek last fall by the peace commissioners, and all these items are the precise amounts stated in the treaty. The amendment was agreed to. The next amendment was to strike out lines Comanches, Kiowas, and Apaches, of Arkansas For the last of five installments, being the second series for the purchase of goods, provisions, and agricultural implements, persixth article treaty 27th July, 1853, $5,000. For expenses of transportation of the last of five installments of goods, provisions, and agricultural implements, per sixth article treaty 27th July, 1853, $1,000. Mr. HENDERSON. I suppose the object of the Senator from Vermont is to ascertain whether there is a quorum present. I suppose there is really no objection to the amendment. The PRESIDENT pro tempore. The poorest evidence of that is the fact that Senators do not rise to vote for it. Mr. HENDERSON. If there is a disposition to act on the bill at all I suppose we might as well ascertain whether there is a quorum, to gratify the Senator from Vermont. There is no doubt about a quorum being present if Senators will vote. Mr. EDMUNDS. I wish the record to show it. The question being put, there were, on a division-ayes 31, noes 5. The PRESIDENT pro tempore. The amendment is agreed to, and a quorum present. The Clerk will proceed with the reading. The next amendment was to insert after the one just adopted: For surveying exterior boundaries of selections of land to certain persons related by blood to the Cheyennes and Arapahoes, under provisions of fifth article of treaty concluded with said Indians, October 14, 1865, $4,000. Mr. HOWE. I should like to have the Senator, if he insists on that amendment, state the reasons for it. Mr. HENDERSON. The Department ask this appropriation for the purpose of surveying some lands which in the treaty of 1861 we agreed to give to certain half-breeds. I will read the fifth article of the treaty with the Cheyennes and Arapahoes made in 1861, and then a letter of the acting Commissioner of Indian Affairs, which will show perhaps as well as any statement that I could make, the condition of the case. The fifth section of the treaty provides: "At the special request of the Cheyenne and Ara- DEPARTMENT OF THE INTERIOR, In your letter to this office of October 23, 1867, you of the tracts for these half-breed selections. A draft of a letter to him, in accordance with the instructions in your letter of the 23d of October last, was prepared on the 25th of the same month, but the question of funds to defray the expenses of such surveys was raised, and the letter was not sent to Colonel Boone. He being present in this city the draft of letter was shown to him, and he has treated the draft as a letter received by him, and has addressed a letter to this office in reply thereto, dated the 20th ultimo, copy herewith, from which you will observe that he estimates the amount that Congress should be requested to appropriate for these surveys at $4,000. It is important that these treaty stipulations should be carried into effect without delay. The Union Pacific railway, eastern division, will probably pass through the reservations from which these selections are to be made, and if the lands are not previously patented to the half-breeds, trouble will probably arise, and they will fail to secure the land they desire. I therefore respectfully recommend, in case you should concur with this office in the view that it is impracticable for patents to issue in the manner suggested by General Sanborn, that you request of Congress an appropriation of the sum of $1,000, in order that Colonel Boone can proceed to make the halfbreed selections, in accordance with the terms of the July 15, Mr. HOWE. Now, if the Senate will listen to me I can tell them in a few words just what this question is. In the southern part of the Territory of Colorado, bordering on New Mexthe persons named in that article, some fifty ico, in 1865 we purchased an Indian reservation, and in the treaty we stipulated to give to or sixty of them, a section of land apiece. It is far removed from our settlements and far removed from our surveys. This is a proposition to appropriate $4,000, which, under the direction of the Indian department, shall be expended by some surveyor going away out there disconnected from the lines of existing object to it, because these half-breeds are comsurveys, and surveying out these locations. fortably settled there; their lands cannot be sold until they are surveyed, and when they are surveyed, when our surveys reach them, or when the Commissioner of the General Land Office, who superintends this branch of our service, is in a condition to survey them in connection with our regular surveys, then their titles can be perfected. Inasmuch as they are in no sort of danger it seems to me that it is decidedly better not to make this survey until it can be made in connection with the regular Mr. HENDERSON. In order that the Senate may know what they are voting upon, I will state that in 1861 we made a treaty with the Cheyennes and Arapahoes, under which they gave up the entire Territory of Colorado, and perhaps a portion of what was then New Mexico, reserving to themselves a small reservation down at the mouth of the Purgatory river. I do not remember the extent of the territory reserved to them, but it was laid out on the maps; and as the Senator from Wisconsin says, it is beyond the region of surveys, though a very fine country, an agricultural country. In 1865 we made another treaty with the Cheyennes and Arapahoes, by which we purchased from them this territory at the mouth of the Purgatory river, agreeing to give them a country south of the Arkansas river; but we agreed in this treaty of 1865 that we would give some fifty or sixty of the halfbreeds of the Cheyennes and Arapahoes each a section of land, and that we would survey it land, and are now farming there. They are for them. These half-breeds are living on the uneasy because we have granted lands to certain railroad companies, who will ultimately survey their lines right through these lands. If the railroad companies file their plats, and the alternate sections given to the companies, when they come to file them, shall fall upon the lands occupied by these half-breeds, I cannot see that the railroad companies will not hold them. Why is it that a white man cannot go and locate upon a portion of these six hundred and forty acres and hold it by preemption? An Indian cannot do it. There is no right to the Indian to hold under the preemption laws, and none for him to hold under the homestead laws. farming quite extensively, and they are uneasy. They are fearful that when the surveys are The Indian half-breeds are there farming and made under Government authority other persons will seize upon their lands and will hold survey of the exterior lines of their six hunthem; and what they want now is to have a dred and forty acres each, so that it may be marked out and patents issued to them by the Government of the United States. As the Senator from Wisconsin says, there will be some little difficulty about it. The only way it can be done is to extend a base line from Arkansas or Kansas out, survey it out, and upon that base line to locate these surveys. There will be some little difficulty attending it, I admit. If the Senate think the surveys cannot be properly made in that way, they can refuse the appropriation. They now understand the facts, I apprehend, and they can do as they like. I can see that the Indians may be robbed of their lands. We have agreed in the treaty to give the half-breeds the lands and assure them to them, to survey them for them, and to patent the lauds to them. Now we cannot give them patents unless we know the lands patented. We must describe them, or else there will be no protection to the Indians at last. The Indians gave up all, I say, of Colorado, including all the gold and silver mines of that country, reserving only a small place, and they even gave that up in 1865, reserving only these fifty or sixty sections for their half-breeds. We agreed to survey them and patent them to them. If we do not do that the probability is the Indians will lose them after having made valuable improvements; and that is one difficulty of the Indians now. They are afraid to make improvements for fear others will come along and reap the rewards of their labor. Mr. HOWE. Let me add one word. If I supposed there was any sort of danger of these parties losing their lands, I should be as anxious to have the survey made as the Senator. They ought to have the lands and must have them; but nobody can get these lands until the President patents them, and he certainly is never going to patent these lands to anybody in defiance or disregard of the obligations of that treaty. One other word as to the matter of survey. Suppose this appropriation is made and a surveyor goes out and surveys these lands; it is true he may form a connection by surveying through from the point at which our surveys now stop in Kansas, or wherever it is, so that these lands could be described in the patent as other lands are described. But if that can be done, it can be done by the Commissioner of the Land Office with the moneys already in his hands. We have appropriated from twenty to thirty thousand dollars for surveys in Colorado this year. He has money enough if you will allow him to make the surveys, and I think he is the better party to direct all surveys, and he has money enough to do it. Mr. HENDERSON. The Senator is aware of the very great complaint at the Land Office now about appropriations for surveys, and very great complaints among the people in the West in reference to them. They say sufficient appropriations have not been made to carry on the surveys. There is sad complaint there now. The amendment was agreed to. Mr. SHERMAN. I ask leave to submit a report from the committee of conference on the tax bill. The PRESIDENT protempore. The report will be received. INTERNAL TAXES. Mr. SHERMAN submitted the following report from the committee of conference: The committee of conference on the disagreeing votes of the two Houses, on the amendments of the Senate to the bill (H. R. No, 1284) to change and more effectually secure the collection of internal taxes ou distilled spirits and tobacco, and to amend the tax on banks, 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 their disagreement to the amendments of the Senate numbered: 2, 3, 6.7.9. 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 51, 52, 531, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 81, 82, 83, 85, 86, 87, 871, 88, 881, 89, 891, 90, 90, 90, 91, 92, 93, 94, 95, 96, 103, 104, 106, 108, 109, 110, 112, 113, 114, 115, 115, 116, 120, 121, 122, 123, 124, 125, 126, 127, 130, 134, 135, 136, 137, 138, 139, 140, 141, 146, 147, 148, 150, 151, 153, 153, 154, 155, 157, 159, 160, 161, 162, 163, 161, 165, 166, 167, 168, 169, 171, 173, 174, 175, 176, 177, 178, 179, 183; and the House agree to the same. That the Senate recede from their amendments numbered: 1, 26, 50, 79, 80, 128, 129, 143, 144, 145, 156, 181. That the House recede from their disagreement to the fourth amendment of the Senate, and agree to the same, with amendments, as follows: in line one of said amendment of the Senate strike out the word "and" and insert in lieu thereof the words the tax on brandy made from grapes shall be the same and no higher than that upon other distilled spirits: and;" in line four of said Senate amendment, after the word "such," insert the word "other." That the House recede from their disagreement to the fifth amendment of the Senate, and agree to the same with an amendment as follows: strike out all of the fifth line of said Senate amendment down to and including the word "be," in the eighth line, and insert in lieu of the same the words "furnish and attach, at his own expense, such meter, meters, or meter-safes, as may have been prescribed for use at his distillery, and." That the House recede from their disagreement to the eighth amendment of the Senate, and agree to the same with amendments, as follows: strike out all after the word "construed" in said amendment and insert the words "to apply to fermented liquors;" and in lines twenty-four, twenty-five, and twentysix, page 5, strike out the words "or shall have been lawfully imported into the United States and the duties thereon paid." That the House recede from their disagreement to the forty-ninth and a halfamendment of the Senate, and agree to the same, with an amendment, as follows: strike out the word "produce" inserted by the Senate and insert in lieu thereof the word "production." That the House recede from their disagreement to the fifty-third amendment of the Senate, and agree to the same with an amendment, as follows: strike out the words proposed to be inserted by said Senate amendment together with the words spirits produced from the materials used shall be ascertained" and insert in lieu of the same the words "materials used for the production of spirits shall be ascertained." That the House recede from their disagreement to the fifty-fourth amendment of the Senate, and agree to the same with an amendment, as follows: strike out the word and" in said Senate amendment and insert in lieu thereof the words "together with the special tax of." That the House recede from their disagreement to the fifty-fifth amendment of the Senate, and agree to the same with an amendment, as follows: strike out the word "by" in said amendment and insert the word"under." That the House recede from their disagreement to the seventy-seventh amendment of the Senate, and agree to the same with an amendment, as follows: strike out the words, "which branding and cancellation shall be done under such rules and regulations as the Commissioner of Internal Revenue may prescribe." That the House recede from their disagreement to the seventy-eighth amendment of the Senate, and agree to the same with amendments, as follows: insert the words proposed to be stricken out by the Senate, and in line forty-three, page 35, after the word "affixed," insert the words "and the number of proof gallons;" and at the end of line forty-nine, page 35, insert "proof gallons." That the House recede from their disagreement to the seventy-eighth and a half amendment of the Senate, and agree to the same with amendments, as follows: insert the words proposed to be stricken out by the Senate, and in line fifty-eight, page 36, after the word "affixed" insert "and the number of proof gallons;" and at the end of line sixty-four, page 36, add the following: "proof gallons." That the House recede from their disagreement to the eighty-fourth amendment of the Senate, and agree to the same with an amendment, as follows: strikeout the word "they," proposed to be inserted, and insert in lieu thereof the word "there." That the House recede from their disagreement to the ninety-seventh, ninety-seventh and a half, ninety-eighth, ninety-ninth, one hundredth, one hundred and first, and one hundred and second amendments of the Senate, and agree to the same, with an amendment, as follows: strike out the words proposed to be inserted and all from line four inclusive, down to and including the word "business," in line fifteen, (printed bill,) and insert in lieu thereof the words "not exceeding twenty-five officers, to be called supervisors of internal revenue, each one of whom shall be assigned to a designated territorial district, to be composed of one or more judicial districts and territories, and shall keep his office at some convenient place in his district to be designated by the Commissioner, and shall receive, in addition to expenses necessarily incurred by him and allowed and certified by the said Commissioner, as a compensation for his services, such salary as the Commissioner of Internal Revenue may deem just and reasonable, not exceeding $3,000 per annum." That the House recede from their disagreement to the one hundred and fifth and one hundred and sixth amendments of the Senate, and agree to the same, with the following amendments: strike out from and including line four of said one hundred and fifth amendment down to and including line fifteen of the bill, (section fifty,) and insert in lieu thereof the following: "employ competent detectives, not exceeding twenty-five in number at any one time, to be paid under the provisions of the seventh section of the act to amend existing laws relating to internal revenue, and for other purposes, approved March 2, 1867; and he may, at his discretion, assign any such detective to duty under the direction of any supervisor of internal revenue, or to such other special duty as he may deem necessary; and that from and after the passage of this act no general or special agent or inspector, by whatever name or designation he may be known, of the Treasury Department in connection with the internal revenue, except inspectors of tobacco, snuff, and cigars, and except as provided for in this act, shall be appointed, commissioned, employed, or continued in office, and the term." That the House recede from their disagreement to the one hundred and seventh amendment of the Senate, and agree to the same, with an amendment, as follows: insert in lieu of the words stricken out the following: SEC.. And be it further enacted, That from and after the passage of this act no assessor or collector shall be detailed or authorized to discharge any duty imposed by law on any other collector or assessor, but a supervisor of internal revenue may within his territorial district suspend any collector or assessor for fraud or gross neglect of duty or abuse of power, and shall immediately report his action to the Commissioner of Internal Revenue, with his reasons therefor in writing, who shall thereupon take such further action as he may deem proper. That the House recede from their disagreement to the one hundred and eleventh amendment of the Senate, and agree to the same, with the following amendment: before the word "distillery" insert "bonded or." That the House recede from their disagreement to the one hundred and seventeenth amendment of the Senate, and agree to the same, with the following amendments: strike out in line seven, page 69, all after the word "spirits," down to and including the word required," in line ten, and insert in lieu thereof the words: "which shall be due and payable only after the proper entries and bonds have been executed and filed and all other conditions complied with as hereinafter required, and thirty days after the vessel has actually cleared and sailed on her voyage with such spirits on board;" in lines fifteen and sixteen, strike out the words "and rum on which no internal tax shall have been paid," and insert in lieu thereof the words "or rum:" page 72, line fiftyfour, strike out the word "internal." That the House recede from their disagreement to the one hundred and eighteenth and one hundred and nineteenth amendments, and agree to the same with amendments, each, as follows: strike out twelve" and insert "nine." That the House recede from their disagreement to the one hundred and thirty-first amendment of the Senate, and agree to the same, with the following amendments: in line ninety-one, page 80, strike out the word "any;" in line ninety-two, page 80, strike out the word "two" and insert " ten:" in line ninety-three, page 80, after the word "dollars " insert the words of sales of such spirits, wines, or liquors;" in line ninety-four, page 80, after the word "dollars" insert "and on other sales shall pay as wholesale dealers, and such excess shall be assessed and paid in the same manner as required of wholesale dealers:" in line ninety-five strike out all after the word liquors" down to and including the word made," in line ninety-seven, and insert the words whose annual sales shall exceed $25,000." That the House recede from their disagreement to the one hundred and thirty-second amendment of the Senate, and agree to the same, with the following amendment: strike out the word proposed to be inserted and insert after the words retail dealer," in line one hundred and forty-two, page 82, the words "liquor dealer." That the House recede from their disagreement to the one hundred and thirty-third amendment of the Senate, and agree to the same, with an amendment, as follows: after the word "four," in line six, page 16, insert the word "six." That the House recede from their disagreement to the one hundred and forty-second amendment of the Senate, and agree to the same, with an amendment, as follows: insert in lieu of the words proposed to be stricken out the words "the manufacturer's name and place of manufacture, or the proprietor's name and his trade mark, and." That the House recede from their disagreement to the one hundred and forty-ninth amendment of the Senate, and agree to the same, with an amendment, as follows: insert in lieu of the words proposed to be stricken out the words "the proprietors or manufacturer's name," and in line seven, page 93, strike out the word "his" and insert the word "the." That the House recede from their disagreement to the one hundred and fifty-second amendment of the Senate, and agree to the same, with the following amendment: strike out the words "provided that any" and insert "any." That the House recede from their disagreement to the one hundred and fifty-eighth amendment of the Senate, and agree to the same, with an amendment, as follows: at the end of said amendment add "when weighing exceeding three pounds per thousand, five dollars per thousand:" and in line six, page 106, section eighty, strike out the words "and cheroots." That the House recede from their disagreement to the one hundred and seventieth amendment of the Senate, and agree to the same, with an amendment, as follows: add to the said Senate amendment the following: "But in no case shall such renewal or change extend to an abandonment of the general character of the stamps provided for in this act, nor to the dispensing with any provisions requiring that such stamps shall be kept in book form and have thereon the signatures of revenue officers." That the House recede from their disagreement to the one hundred and seventy-second amendment of the Senate, and agree to the same, with the following amendment: add to said Senate amendment the words "or officer acting as such, with his reasons therefor." That the House recede from their disagreement to the one hundred and eightieth amendment of the Senate, and agree to the same, with amendments, as follows: in line two of said amendment strike out the word "revenue;" in line three strike out the words "for denoting the tax thereby imposed;" in line fourteen strike out the word "revenue;" in lines fourteen and fifteen strike out the words " for denoting the tax thereby imposed." That the House recede from their disagreement to the one hundred and eighty-second amendment of the Senate, and agree to the same, with an amendment, as follows: "But distillers and refiners of mineral oils shall be considered as manufacturers, and subject to the tax on sales provided for in the fourth section of the act to exempt certain manu |