Samuel F. Miller, Daniel Morris, Norton, Odell, Orth, Patterson, Perbam, James S. Rollins, Stoan, Spalding, Thomas, Tracy, Upson, Van Valkenburgh, Wadsworth, and Elihu B. Washburne-36.

NAYS-Messrs. James C. Allen, Alley, Ames, Ancona, Anderson, Baily, John D. Baldwin, Blair, Bliss, Blow, Boyd, Broomall, James S. Brown, William G. Brown, Chanter, Ambrose W. Clark, Freeman Clarke, Clay, Cox, Creswell, Henry Winter Davis, Thomas T. Davis, Dawes, Dawson, Deming, Denison, Dixon, Driggs, Eden, Edgerton, Eldridge, Eliot, Finck, Ganson, Garfield, Gooch, Grider, Griswold, Charles M. Harris, Herrick, Higby, Hooper, Asabel W. Hubbard, John H. Hubbard, Jenckes, Philip Johnson, William Johnson, Julian, Kalbfleisch, Kelley, Kernan, King, Knox, Law, Lazear, Le Blond, Loan, Long, Longyear, Mallory, Marvin, McClurg, McDowell, William H. Miller, Moorhead, Morrill, James R. Morris, Morrison, Leonard Myers, Nelson, Noble, Charles O'Neill, John O'Neill, Pendleton, Pruyn, William II. Randall, Alexander II. Rice, Robinson, Rogers, Edward H. Rollins, Ross, Shannon, Smith, Smithers, Starr, John B. Steele, William G. Steele, Stevens, Stiles, Stuart, Sweat, Thayer, William B. Washburn, Webster, Whaley, Wheeler, Joseph W. White, Williams, Wilson, Windom, Winfield, Fernando Wood, and Woodbridge-103.

NOT VOTING-Messrs. William J. Allen, Allison, Blaine, Brandegee, Brooks, Coffroth, Dumont, English, Grinnell, Hale, Hall, Harrington, Benjamin G. Harris, Hulburd, Hutchins, Kasson, Knapp, Littlejohn, Marcy. McAllister, McIndoe, McKinney, Middleton, Amos Myers, Perry, Pike, Pomeroy, Price, Radford, Samuel J. Randall, John H. Rice, Schenck, Scofield, Scott, Strouse, Townsend, Voorhees, Ward, Chilton A. White, Wilder, Benjamin Wood, Worthington, and Yeaman-43.

So the amendment was disagreed to.

The bill was ordered to a third reading; and it was accordingly read the third time.

Mr. STEVENS moved the previous question on the passage of the bill.

The previous question was seconded, and the main question ordered; and under the operation thereof, the bill was passed.

Mr. DAVIS, of New York, moved to reconsider the vote by which the bill was passed, and also moved to lay the motion to reconsider on the table.

The latter motion was agreed to.

PROPOSITION TO ADJOURN over.

Mr. WASHBURNE, of Illinois. I rise to a privileged motion. I move that when the House adjourns to-day it adjourn to meet on Monday.

Mr. ASHLEY. I ask the gentleman to allow

me one moment.

Mr. WASHBURNE, of Illinois. For what purpose?

Mr. ASIILEY. I want to make a proposition that the House meet to-morrow for general debate.

Mr. WASHBURNE, of Illinois. If it be desired that there shall be a session to-morrow for debate, with the understanding that no business shall be done, I withdraw my motion.

The SPEAKER. The gentleman from Ohio suggests that to-morrow be set apart for debate on the pending constitutional amendment only, and that no business shall be transacted. Is there objection?

Mr. JOHNSON, of Pennsylvania. I object. Mr. ASHLEY. I hope not. There are a number of young members here who have prepared speeches, and who desire an opportunity to deliver them.

Mr. JOHNSON, of Pennsylvania. Well, in that case, I withdraw the objection.

Mr. KALBFLEISCH. Does the gentleman propose that debate shall be closed to-morrow? Mr. ASHLEY. Oh no.

No further objection was made, and it was ordered accordingly.

BUSINESS ON SPEAKER'S TABLE. Mr. HALE. Mr. Speaker, has the morning hour expired?

The SPEAKER. It has expired.

Mr. HALE. Then I move to proceed to the consideration of private business on the Speaker's table; so that the bills to which there shall be objection shall be referred, and that those to which there shall be no objection may be put upon their passage.

Mr. WASHBURNE, of Illinois. I suggest that the proper motion would be to proceed to the business on the Speaker's table.

The SPEAKER. On Fridays and Saturdays the motion to proceed to private business on the Speaker's table takes precedence of the other motion.

The question was taken on Mr. HALE's motion, and it was agreed to.

MESSAGE FROM THE SENATE.

A message from the Senate, by Mr. FORNEY, its Secretary, announced that the Senate had passed an act (H. R. No. 709) to supply deficiencies in the appropriations for the service of the fiscal year ending 30th June, 1865, with an amendment, in which he was directed to ask the concurrence of the House.

Also, that the Senate had passed an act to amend an act entitled "An act to incorporate the inhabitants of the city of Washington," passed May 15, 1820, approved May 5, 1864; in which he was directed to ask the concurrence of the House.

MARY SCALES ACCARDI.

The first private bill on the Speaker's table was the bill (H. R. No. 394) for the relief of Mary Scales Accardi; the question being on the following amendment of the Senate:

Strike out the words "with the date of the decease of her husband," and insert "July 1, 1862;" so that it will read:

Place the name of Mary Scales Accardi, the widow of Salvador Accardi, upon the roll of widows of invalid pensioners, and that slie be paid a pension, at the rate of six dollars per month, commencing with July 1, 1862.

The amendment was concurred in.

Mr. HALE moved to reconsider the vote by which the amendment was concurred in, and also moved to lay the motion to reconsider on the table.

The latter motion was agreed to.

METROPOLITAN RAILROAD COMPANY.

The next private bill on the Speaker's table was an act (H. R. No. 622) to amend an act entitled an act to incorporate the Metropolitan Railroad Company, in the District of Columbia, approved July 1, 1864; the question being on the Senate amendment to strike out "ten" and insert "thirty;" so that it will read that the line from Seventeenth street to the Capitol shall be completed, equipped, and running, within thirty days from the passage of this act. The amendment was concurred in.

POTOMAC FERRY RAILROAD COMPANY.

The next private bill on the Speaker's table was an act (H. R. No. 186) to incorporate the Baltimore and Washington Depot and Potomac Railroad Company, with amendments by the

Senate.

Mr. WHEELER. I move that the Senate amendments be referred to the Committee for the District of Columbia.

The motion was agreed to.

ISAAC R. DILLER.

The next private bill on the Speaker's table was an act (H. R. No. 94) for the relief of Isaac R. Diller; the question being on the amendments of the Senate reducing the appropriation from $3,655 55 to $3,000.

The amendments were concurred in.

Mr. J. C. ALLEN moved to reconsider the vote by which the amendments were concurred in, and also moved to lay the motion to reconsider on the table.

The latter motion was agreed to.

REUBEN CLOUGH.

The next private bill on the Speaker's table was an act (H. R. No. 316) for the relief of Reuben Clough; the question being on an amendment by the Senate.

Mr. HOLMAN. I move that the amendment be referred to the Committee on Invalid Pensions. The motion was agreed to.

REBECCA S. HARRISON.

The next private bill on the Speaker's table was an act (S. No. 347) for the relief of Rebecca S. Harrison.

The bill was read a first and second time, and referred to the Committee on Invalid Pensions.

ALEXANDER J. ATOCHA.

The next private bill on the Speaker's table was an act (S. No. 281) for the relief of Alexander J. Atocha.

The bill was read a first and second time, and referred to the Committee on Claims.

EDMUND S. ZEVELEY.

was an act (S. No. 395) for the relief of Edmund S. Zeveley.

The bill was read a first and second time, and referred to the Committee on the Post Office and Post Roads.

SPENCER AND HUBBARD.

The next private bill on the Speaker's table was the bill (S. No. 136) for the relief of A. T Spencer and Gurdon S. Hubbard.

The bill was read a first and second time, and referred to the Committee on the Post Office and Post Roads.

HENRY A. BRIGHAM.

The next private bill on the Speaker's table was the bill (S. No. 212) for the relief of Henry A. Brigham.

The bill was read a first and second time. It provides that the Secretary of the Treasury be directed to pay to Henry A. Brigham $2,000, being the amount of his check drawn in favor of the Assistant Treasurer of the United States at New York, on the 7th of November, 1862.

Mr. HOLMAN. I rise to a point of order. The SPEAKER. This is an appropriation bill, and if any member objects, must be considered first in the Committee of the Whole on the Private Calendar.

Mr. HOLMAN. I object to its consideration now, and move that it be referred to the Committee of Claims.

The motion was agreed to.

Mr. GRISWOLD. I should like to explain the circumstances connected with this bill.

The SPEAKER. The bill is not now before the House, it having been referred to the Committee on Claims on the motion of the gentleman from Indiana, [Mr. HOLMAN.] The gentleman can make his statement by unanimous consent.

Mr. HOLMAN. The. reference of the bill is simply in accordance with the usual practice. The amount proposed to be appropriated is considerable.

Mr. GRISWOLD. I am sure that the House would not hesitate to pass the bill if the circumstances were fully understood. But I will not debate the measure now, if the gentleman from Indiana desires that it shall be examined by the Committee of Claims.

JOHN HASTINGS.

The next private bill on the Speaker's table was the bill (S. No. 274) for the relief of John Hastings, collector of the port of Pittsburg.

The bill was read a first and second time. It provides that the Secretary of the Treasury be authorized and directed, in adjusting the accounts of John Hastings, as collector of the customs at the port of Pittsburg, to give him credit for $9,956 62, the amount of the public money of which he was robbed on the 10th of March, 1854, while acting in the aforesaid capacity. Mr. WASHBURNE, of Illinois. I object to that.

MINERAL LANDS.

Mr. DRIGGS. I ask unanimous consent to take from the Speaker's table Senate amendments to a joint resolution (H. R. No. 99) "reserving mineral lands from the operation of all acts passed at the present session granting lands or extending the time of former grants." I desire that the House shall concur in the amendments, which are unimportant.

Mr. HALE. Will the matter give rise to debate?

Mr. DRIGGS. No, sir.

There was no objection; and the House proceeded to the consideration of the amendments of the Senate; which were read, as follows:

Strike out the words "present session" and insert "first session of the Thirty-Eighth Congress," and add to the resolution unless otherwise specially provided in the act or acts making the grant;" so as to make the resolution read:

"That no act passed at the first session of the ThirtyEighth Congress granting lands to States or corporations to aid in the construction of roads, and for other purposes, or to extend the time of grants heretofore made, shall be so construed as to embrace mineral lands, which in all cases shall be and are reserved exclusively to the United States, unless otherwise specially provided in the act or acts muking the grant."

Strike out in the title the words “present session" and insert "first session of the Thirty-Eighth Congress." Mr. WASHBURNE, of Illinois. I hope the gentleman from Michigan [Mr. DRIGGS] will ex

THIRTY-EIGHTH CONGRESS, 2D SESSION.

Mr. DRIGGS. I will do so. This joint resolution was reported at the last session from the Committee on Public Lands, in order to protect mineral lands from the operation of land grants. It was passed by the House, was sent to the Senate, and passed there; but, being overlooked, it was not returned to the House. The Senate has again passed it at the present session.

Mr. WASHBURNE, of Illinois. I now have a full recollection of the matter. The gentleman has stated the facts correctly; and I have no doubt that the amendments of the Senate should be concurred in.

The amendments of the Senate were concurred in.

Mr. DRIGGS moved to reconsider the vote by which the amendments of the Senate were concurred in; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

REMOVAL OF ARSENAL FROM ST. LOUIS.

Mr. BLOW. I ask unanimous consent of the House to take up Senate bill No. 402, to repeal an act entitled "An act to remove the United States

arsenal from the city of St. Louis, and providing for selling the lands upon which the same is lo

cated.

Mr. J. C. ALLEN. I object.

DISQUALIFICATION OF COLOR.

Mr. ALLEY. I ask unanimous consent to take up Senate bill No. 62, to remove the disqualification of color in carrying the mails, for reference to the Committee on the Post Office and Post Roads.

Mr. HARRINGTON. I object.

POST ROAD.

Mr. SMITH, by unanimous consent, introduced a bill to establish a certain post road; which was read a first and second time, and referred to the Committee on the Post Office and Post Roads. Mr. WASHBURNE, of Illinois. I ask to introduce a bill for reference.

Mr. J. C. ALLEN. Is it a private bill? Mr. WASHBURNE, of Illinois. It is not. Mr. J. C. ALLEN. Then I object. SWEENEY, RITTENHOUSE, FANT AND CO. Mr. UPSON. I ask unanimous consent to submit the following resolution:

Resolved, That the claim of Sweeney, Rittenhouse, Fant & Co., reported to this House by the Court of Claims in January, 1862, be referred back to said court.

Mr. HOLMAN. I suppose that that should be referred by a joint resolution. If it is put in that form I suppose there will be no objection to it.

Mr. UPSON. I have no objection to that.

The joint resolution was read a first and second time, and referred to the Committee of Claims. Mr. STEVENS demanded the regular order of business.

PAYMENTS TO ILLINOIS CENTRAL RAILROAD. The SPEAKER laid before the House a letter from the Secretary of War, in compliance with a resolution of the House, showing the payments made to the Illinois Central Railroad Company since the passage of the resolution by the House at the last session; which, on motion of Mr. HOLMAN, was ordered to be printed, and referred to the Committee of Claims.

NORTON'S POST-MARK STAMP.

The SPEAKER also laid before the House a letter from the Postmaster General, transmitting additional papers in regard to Norton's post-mark stamp; which was referred to the Committee on the Post Office and Post Roads.

OBJECTION DAY.

Mr. HALL moved that the House resolve itself into the Committee of the Whole House on the Private Calendar.

The motion was agreed to.

The House accordingly resolved itself into the

MONDAY, JANUARY 30, 1865.

Committee of the Whole House on the Private
Calendar, (Mr. J. C. ALLEN in the chair.)
The CHAIRMAN stated that this was objec-
tion day.

ALEXANDER F. PRATT.

A bill (H. R. No. 574) for the relief of Alexander F. Pratt.

The bill provides that the Secretary of the Treasury be directed to pay Alexander F. Pratt $530, for pursuing and capturing Elijah K. Janner, convicted of counterfeiting United States coin.

statement.

Mr. BROWN, of Wisconsin. As there is no report I will, by unanimous consent, make a brief The bill provides for the payment of the expenses of retaking a prisoner convicted by the United States court and confined in Waukeshaw jail. Mr. Pratt, who was sheriff, expended that amount in the recovery of the prisoner. He presented his claim to the Legislature of Wisconsin, believing they were immediately responsible to him, and that the United States was responsible to them. They examined into the claim and addressed a memorial to Congress requesting that it should be paid. I know some of the circumstances, and have every reason to believe that the bill is a just one.

The bill was laid aside to be reported to the House.

FRIENDLY SIOUX.

An act (S. No. 225) for the relief of certain friendly Indians of the Sioux nation in Minne

sota.

The bill provides that whereas certain Indians of the Sioux nation did, during the outbreak in Minnesota in 1862, at the risk of their lives, aid in saving many white men, women, and children from being massacred, and in consequence of such action were compelled to abandon their homes and property, and are now entirely destitute of the means of support, the President of the United States be authorized and requested to cause an examination to be made in relation to all the facts pertaining to the action of the Indians, and to make such provisions for their welfare as their necessities and future protection may require; and for the purpose of carrying out the provisions of this act the sum of $7,500 be appropriated, out of any money in the Treasury not otherwise appropriated; one third of the sum to be paid and expended for the benefit of Am-pe-tu-to-ke-cha, or John Other-day, and the remainder for the benefit of such other Indians as shall appear specially entitled thereto, for their friendly, extraordinary, and gallant services in rescuing white settlers from massacre in Minnesota; provided that not more than the sum of $500 shall be expended for any one Indian; except the chief above mentioned; and that the Secretary of the Interior shall report to the next Congress the names of the indians for whose benefit the same shall be expended, and the amount expended for each.

The bill was laid aside to be reported to the House.

INDIAN RESERVATIONS.

A bill (H. R. No. 624) to provide for the payment of the value of certain lands and improvements of private citizens appropriated by the United States for Indian reservations in the Territory of Washington.

The bill appropriates $18,611 62, or so much thereof as may be necessary, out of any money in the Treasury not otherwise appropriated, for the purpose of paying for the lands and improvements of private citizens, taken and appropriated by order of the Department of the Interior for Indian reservations and uses in the Territory of Washington; and the claims herein provided to be paid shall be allowed and paid in such manner and upon such proofs of the value of the property as shall be prescribed by the Secretary of the Interior.

Mr. McBRIDE. Mr. Chairman, with the consent of the committee I will state the facts in reference to the bill. In the years 1856-57 the Indian department instructed the superintendent of Indian affairs in Washington Territory to make

NEW SERIES.....No. 30.

certain reservations upon which to place the Indians with whom treaties had been made, and by which treaties these Indians were to be provided with and supported upon reserves. Under these instructions the superintendent of Indian affairs made several reservations, nearly all of them including within their limits the lands of private individuals. Some of these parties had laws, while others had not. As it became necesacquired titles under the donation and preëmption sary to turn them out of their lands and improvements the Department ordered an investigation into their value in order to determine upon the proper restitution. In fixing the value the referees were composed of three of the best citizens, who were sworn and made up their judgment upon testimony of sworn witnesses and returned the investigation on the part of the Department was facts to the superintendent of Indian affairs. The bill is exactly the sum which it recommends for very minute and full, and the amount fixed in the the payment of these claims. These claims have the indorsement of the superintendent of Indian affairs of Washington Territory, are approved by the authorities in Washington, and after a full examination by the Committtee on Indian Affairs I was ordered unanimously to report the claims to this House and ask an appropriation for their payment. As there can be no question about the justice and propriety of paying these claims I hope the bill will be suffered to pass without objection. I have only to add that in fixing the amounts I find by consulting the papers that the authorities have not recommended payment for anything but the improvements on lands, except in those cases where the parties have shown that they had completed a title to their lands themselves. 1 trust, sir, that the justice of this bill will insure its pas

sage.

The bill was laid aside to be reported to the House, with a recomendation that it do pass.

HULL AND COZZENS, AND OTHERS.

A bill (H. R. No. 713) for the relief of Hull & Cozzens, and John Naylor & Co.

The bill directs the Secretary of the Treasury to audit and settle the accounts of Hull & Cozzens under a contract with Mark W. Izzard, Governor of the Territory of Nebraska, dated the 28th of November, 1855; and the accounts of John Naylor & Co., under a similar contract, dated February 25, 1856, for furnishing materials for the capitol building at Omaha City, Nebraska Territory, and to pay to them, out of any money in the Treasury not otherwise appropriated, any balance which may be found due them on their said con

tracts.

No objection being made, the bill was laid aside to be reported to the House, with a recommendation that it do pass.

BENJAMIN ROACH.

A bill (H. R. No. 149) for the relief of Benjamin Roach.

The bill and report were read.

Mr. WASHBURNE, of Illinois. I object. Mr. HALE. There is a letter on file from General Grant relating to this subject. He says the claim should be paid.

Mr. WASHBURNE, of Illinois. I object.

CHARLES A. PITCHER.

An act (S. No. 338) for the relief of Charles A. Pitcher. [Objected to by Mr. BOUTWELL.]

FREDERICK SHERIDAN.

A bill (H. R. No. 716) for the relief of Frederick Sheridan. [Objected to by Mr. WASHBURNE, of Illinois.]

SAMUEL BROWNING.

A bill (H. R. No. 715) for the relief of Samuel Browning, of Memphis, Tennessee. [Objected to by Mr. WASHBURNE, of Illinois.]

J. J. LINTS.

A bill (H. R. No. 717) for the relief of J. J. Lints.

Mr. WASHBURNE, of Illinois. Has this bill, with the report, been printed?

The CHAIRMAN. It has not.

Mr. WASHBURNE, of Illinois. I think these bills and reports ought to be printed before being acted on. I do not know but this claim is just; but I do not think the House should act except upon printed papers; and therefore I object.

WIDOW OF JOHN A. STEVENS.

A bill (H. R. No. 626) for the relief of the widow and heirs of John A. Stevens, deceased, of Springfield, Missouri.

Mr. WASHBURNE, of Illinois. This bill involves an important question which is now under consideration, and I therefore object.

The CHAIRMAN. The Calendar has been gone over once, and the Clerk will now commence the Calendar again, and five objections will be necessary, under the rules, to defeat a bill.

BENJAMIN GRATZ.

A bill (H. R. No. 385) for the relief of Benjamin Gratz. [Objected to by five members.]

HUGH LEDDY.

A bill (H. R. No. 386) for the relief of Hugh Leddy.

The bill and report were read.

Mr. HALE. I wish to say that this claim has been indorsed by the Secretary of War and by the Solicitor of the War Department.

The bill was objected to by five members. Mr. HALE. If all bills are to be objected to, without reference to their merits, there is no use of going on.

The CHAIRMAN. Debate is not in order. JAMES NOKES.

A bill (H. R. No. 439) for the relief of James Nokes. [Objected to by five members.]

HEIRS OF JOHN E. BOULIGNY.

A bill (H. R. No. 440) for the relief of the heirs of John E. Bouligny. [Objected to by five members.]

LOUIS ROBERTS.

An act (S. No. 234) for the relief of Louis Roberts.

The bill directs the Secretary of the Treasury to pay to Louis Roberts, out of any money in the Treasury not otherwise appropriated, $2,740 99, that being the amount of money advanced by said Roberts, out of his own means, to replace certain Indian indemnity goods accidentally destroyed by fire in November, 1855, while being transported by him from St. Paul, Minnesota, to Red wood agency, for R. G. Murphy, United States Indian agent for the Sioux Indians in Minnesota.

No objection being made, the bill was laid aside to be reported to the House, with a recommendation that it do pass.

Mr. HALE. I ask that a letter from General Grant in relation to that claim may be read. Several MEMBERS objected.

0. B. AND 0. S. LATHAM.

A bill (H. R. No. 459) for the relief of O. B. & O. S. Latham. [Objected to by five members.]

HOOPER AND WILLIAMS, AND OTHERS.

A bill (H. R. No. 462) for the relief of Hooper & Williams, Livingston, Kincaid & Company, Gilbert & Gerrish, and others. [Objected to by five members.]

Mr. STEVENS. I would inquire of my colleague if he desires to proceed any further with

this business?

A bill (H. R. No. 529) for the relief of Amzi L. Burnes. [Objected to by five members.] Mr. HOLMAN. I hope the report will be read in that case.

The CHAIRMAN. The report is not at the Clerk's desk.

Mr. HALE. I wish to state that this is a bill for the relief of a poor man who had $550 in United States Treasury notes. The proof is very satisfactory that they were burnt up when his house was burnt, together with all he had. If that does not give him a claim to have those notes replaced by a just Government, I do not know

what would.

Mr. WASHBURNE, of Illinois. If discussion is in order, I will say that there was proof equally positive that certain bonds were burnt up on the Golden Gate, and yet those bonds afterward turned up in the Department here.

Mr. HALE. These bonds never have turned up and never will. I hold in my hand some proofs in the case, if the gentleman will hear them read. Mr. WASHBURNE, of Illinois. This is not only a matter of fact, but a matter of principle. I am opposed to this Government paying for everything which is burnt.

Mr. HÄLE. We have never objected to paying such claims where the proof was clear that the notes had been destroyed. No honest man and no honest Government would refuse to pay a claim of this kind. The proof is clear that these notes were burnt, when this man's house was burnt, with all his property.

Mr. WASHBURNE, of Illinois. Is discussion in order?

The CHAIRMAN. It is not. The bill is objected to by five members.

Mr. SPALDING. I move that the committee do now rise.

The question was taken, and no quorum voting the Chairman ordered tellers, and appointed Messrs. WASHBURNE, of Illinois, and HALE.

The committee divided; and the tellers reported -ayes 28, noes 69.

So the committee refused to rise.

EGBERT A. THOMPSON.

A bill (H. R. No. 531) for the relief of Egbert A. Thompson. [Objected to by five members.]

GARRETT R. BARRY.

Joint resolution (H. R. No. 46) for the relief of Garrett R. Barry, a paymaster in the United States Navy. [Objected to by five members.]

LOUISVILLE AND BARDSTOWN TURNPIKE. A bill (H. R. No. 544) for the relief of the Louisville and Bardstown Turnpike Company. [Objected to by five members.]

COLONEL H. C. DE AIINA.

Joint resolution (H. R. No. 105) to provide for payment of the claim of Colonel H. C. De Ahna. [Objected to by five members.]

JEAN M. LANDER.

A bill (H. R. No. 547) for the relief of Jean M. Lander, widow of F. W. Lander, deceased.

The bill was read. It directs the Secretary of War to audit and settle the account of Brigadier General F. W. Lander, deceased, for services rendered and expenses incurred by him in making the reconnoissance of a railroad from Puget sound to the Mississippi river, in 1854; and to pay the sum found to be justly due him to Jean M. Lander, his widow, provided the same shall not exceed $4,750, and shall be in full consideration for such services and expenses.

There being no objection, the bill was laid aside to be reported to the House.

WOODWARD AND CHORPENNING.

Joint resolution (H. R. No. 112) for the relief of Elizabeth Woodward and George Chorpenning. [Objected to by five members.]

T. T. GARRARD, AND OTHERS.

A bill (H. R. No. 568) for the relief of T. T. Garrard, and others. [Óbjected to by five members.]

JETHRO BONNEY,

Bonney.
A bill (H. R. No. 571) for the relief of Jethro

The bill was read. It directs the Secretary of the Treasury to pay to Jethro Bonney $400, in full for damages sustained by him by reason of the destruction of his store by the Army of the United States, at the invasion of Plattsburg, during the war of 1812.

There being no objection, the bill was laid aside, to be reported to the House. Mr. STEVENS.

do now rise.

I move that the committee

Mr. HOLMAN. There are still a few other bills on the Calendar. I hope they will be first disposed of.

The motion was agreed to.

So the committee rose; and the Speaker having resumed the chair, Mr. J. C. ALLEN reported that the Committee of the Whole House on the Private Calendar had had the Private Calendar under consideration, and had directed him to report back

several bills to the House.

MESSAGE FROM THE SENATE.

A message from the Senate, by Mr. HICKEY, its Chief Clerk, informed the House that the Senate had passed a resolution for the appointment of a committee, consisting of three members, to join such committee as may be appointed by the House of Representatives to ascertain and report a mode of examining the votes for President and Vice President of the United States, and of notifying the persons chosen of their election; in which be was directed to ask the concurrence of the House.

Also, that the Senate had appointed Mr. TRUMBULL, Mr. CONNESS, and Mr. WRIGHT as the said committee on the part of the Senate.

ALEXANDER F. PRATT.

A bill (H. R. No. 574) for the relief of Alexander F. Pratt, reported without amendment from the Committee of the Whole House on the Private Calendar, was engrossed, read the third time, and passed.

Mr. HALE moved to reconsider the vote by which the bill was passed; and also moved to lay the motion to reconsider on the table.

The latter motion was agreed to.

and I have no knowledge that the same question is before Congress.

Mr. McDOUGALL. I suggest whether the subject had not better all be before the same com

IN SENATE. SATURDAY, January 28, 1865. Prayer by Rev. THOMAS BOWMAN, D. D., Chaplain to the Senate. The Journal of yesterday was read and approved.

EXECUTIVE COMMUNICATIONS.

The VICE PRESIDENT laid before the Senate a report of the Secretary of the Navy, transmitting, in compliance with a resolution of the Senate of June 17, 1864, a copy of the record of the proceedings and findings of a naval general court-martial in the case of C. W. Scofield, a naval contractor; which was ordered to lie on the table.

HOUSE BILLS REFERRED.

The following bills and joint resolutions from the House of Representatives, were severally read twice by their titles, and referred to the Committee on Claims:

A bill (H. R. No. 714) supplemental to the act entitled "An act to restrict the jurisdiction of the Court of Claims," &c., passed July 4, 1864;

A joint resolution (H. R. No. 150) to refer the claim of Selmar Seibert back to the Court of Claims;

A joint resolution (H. R. No. 151) to refer the claim of George Ashley, administrator de bonis non of Samuel Holgate, deceased, back to the Court of Claims; and

A joint resolution (H. R. No. 152) to refer the claim of Danford Mott back to the Court of Claims.

PETITIONS AND MEMORIALS.

Mr. WADE presented a petition of members of the Senate of the State of Ohio, praying that the rank and pay of the hospital stewards of the United States Army may be increased to that of brevet second lieutenant of artillery, to take rank next after the graduates of the West Point Military Academy; which was referred to the Committee on Military Affairs and the Militia.

Mr. ANTHONY presented a memorial of the officers of the seventh and fourth regiments of Rhode Island volunteer infantry, now serving before Petersburg, asking for an increase of pay corresponding with the price of all the necessaries of life; which was referred to the Committee on Military Affairs and the Militia.

Mr. SPRAGUE presented a petition of citizens of Rhode Island, praying that a fog signal capable of being heard two or three miles from the shore be placed at Nayatt Point; which was referred to the Committee on Commerce.

Mr. HOWE. I ask leave to present the petition of E. R. Wadsworth and sundry other citizens of Wisconsin, for the enactment of a general bankrupt law. As I understand that subject has been reported upon by the Committee on the Judiciary, I move that the petition lie upon the table. The motion was agreed to.

Mr. SHERMAN presented a petition of citizens of Ohio, praying for an amendment to the Constitution of the United States recognizing the Christian religion; which was referred to the select committee on slavery and the treatment of freedmen.

Mr. CONNESS. I prefer to have it go where similar questions are now, to the Committee on Public Lands.

The VICE PRESIDENT. It will be so referred.

BILLS INTRODUCED.

Mr. CONNESS asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 416) to grant the right of preemption to the trustees of the city of Petaluma, Sonoma county, California; which was read twice by its title, and referred to the Committee on Public Lands.

Mr. NESMITH asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 417) for the relief of Jean M. Lander, widow of F. W. Lander, deceased; which was read twice by its title, and, with the accompanying papers, referred to the Committee on Military Affairs and the Militia.

Mr. SPRAGUE asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 418) supplementary to an act entitled "An act to regulate the compensation of members of Congress," approved August 16, 1856; which was read twice by its title, referred to the Committee on Finance, and ordered to be printed.

DELAWARE VOLUNTEERS.

The VICE PRESIDENT. If there be no further morning business, the following resolution is before the Senate:

Resolved, That the Secretary of War be directed to answer a resolution of the Senate, of December 22, 1864, in the following words:

"Resolved, That the Secretary of War be directed to inform the Senate whether volunteers for thirty days and for one hundred days were called for by order of his Department at any time preceding the last two drafts in the State of Delaware, from that State, and, if so, for what purpose, and under what authority of law; whether such volunteers were promised, as an inducement to volunteer, exemption from said drafts; whether said volunteers were exegipted from said drafts when they volunteered; whether they were kept within the limits of said State; and whether they were promised, as a further inducement to volunteer, that they should not be sent without the limits of said State, or that they should not be employed in active service in the field."

Mr. SAULSBURY. I ask that that lie on the table for the present. I have not seen the report of the Secretary of War, in answer to the original resolution, yet. It was not printed yesterday. The VICE PRESIDENT. That order will be made.

BENJAMIN VREELAND.

Mr. ANTHONY. If it is in order, I move that the Senate take up the bill for the relief of Surgeon Vreeland, which was laid over the other day at the suggestion of the Senator from New Hampshire, [Mr. HALE,] who was not aware of the general law on the subject, which I have since found.

The motion was agreed to; and the Senate, as in Committee of the Whole, resumed the consideration of the bill (S. No. 412) for the relief of Benjamin Vreeland, surgeon in the Navy of the United States.

Mr. MORRILL. It seems to me that the allowance made by this bill is the merest gratuity in the world. It is not for any service rendered, as I understand.

Mr. ANTHONY. It is for services rendered. I explained the case when the bill was up the other day, but perhaps the Senator does not remember. This officer was sent to sea, and was at sea at the time when he was entitled to be ex

Mr. McDOUGALL. I will ask my colleague whether that same subject is not now before the Committee on Private Land Claims.

Mr. CONNESS. I have no knowledge that it is. This is a memorial of citizens of that city;

officers of his rank and of the same date were examined. He could not be examined of course until he returned from sea. Then he was examined and passed; and on file with the papers is a certificate of the board that he would have passed at the time when he was entitled to his examination if he could have had it, but he could not have it because he was absent on service. Now he asks for the pay of the advanced grade from the time when he was entitled to his examination until the time when he passed it. A general law has since been passed covering all such cases; I will read it; it is the sixteenth section of the act of July 17, 1862:

"And be it further cnacted, That whenever any officer of

the Navy, of a class subject by law or regulation to examination before promotion to a higher grade, shall have been absent on duty at the time when he should have been examined, and shall have been found qualified at a subsequent examination, the increased rate of pay to which he inay be entitied shall be allowed to him from the date when he would have received it had he been found qualified at the time when his examination should have taken place."

The trouble is that this law is not retroactive. This case occurred before the law was passed. There have been repeated instances of this kind, and I believe the allowance has been made in every case. The justice of it is very apparent. Otherwise the officers who go abroad upon distant service would be placed under a positive disability compared with those who get leave of absence and

remain at home.

Mr. MORRILL. Still I believe it is strictly what I supposed it to be, a gratuity. This officer got the pay of his rank; there is no doubt about it; but being on foreign service he could not be examined for promotion to a superior rank at a particular time, and therefore did not get the pay of that rank from that time, but only from the time he was actually examined. That was not his fault, nor the fault of the Government; it was simply the misfortune of the officer. It seems to me this bill is establishing a very bad precedent. If the absence was for a year or any number of years the same principle would apply.

Mr. ANTHONY. The rule does apply; it is a law; and the only reason why this case comes here is that the law was not made retroactive. Every other officer has this privilege, or this gratuity, as the Senator calls it. I do not think it is a gratuity, but it is a strict provision of law ever since 1862, and previous to that time these applications were constantly made by officers, and were always granted by Congress. I do not think there ought to be an exception made in the case of this man.

Mr. MORRILL. I merely call the attention of the Senate to the principle involved.

The bill was reported to the Senate, ordered to be engrossed for a third reading, read the third time, and passed.

THE MADISON PAPERS.

Mr. COLLAMER. The Committee on the Library have directed me to report a joint resolution in relation to the publication of the papers of James Madison, and I wish to have the unanimous consent of the Senate to consider the joint resolution at the present time. I will state the situation of the case. Congress passed an act directing the Committee on the Library to publish the correspondence of James Madison, and appropriated, I think, $8,000 for the purpose. They were to publish one thousand copies, which would be four thousand volumes, as the work is to be in four volumes. The committee entered into a contract under the law. In the first place they employed Mr. Rives, of Virginia, to make the compilation, and the papers which had been purchased of Mrs. Madison some years before were put into the hands of Mr. Rives to make that compilation. He did make the compilation and returned the copy here, and was paid for his work out of that appropriation $3,000. After the copy was furnished by Mr. Rives, a contract was entered into with Mr. Wendell to make the publication, and Mr. Fendall, of this city, was appointed to prepare the index for the work and to supervise the proof-sheets. The thing went on; but the change of circumstances, the increase of prices, &c., disturbed it, so that at last Mr. Wendell failed altogether; he could not perform the work, and he gave up the contract. We find that we cannot get the work published to the amount of one thousand copies or four thousand volumes for the money in hand; but we are of opinion that five hundred copies, two thousand volumes, will be sufficient to enable Congress to make all the distribution and exchanges that have been made of the works of Mr. Hamilton, and we can probably make a contract securing the publication of that number of copies for the money already on hand at the present rate of materials and labor. The committee are of opinion that it is advisable to finish it, and to receive the five hundred copies instead of one thousand as originally provided by law. This resolution is to carry that idea into effect by authorizing the committee to contract for five hundred copies instead of one thousand. The joint resolution (S. R. No. 105) respecting

the publication of the papers of James Madison was read three times, and passed.

QUOTAS OF THE STATES.

The VICE PRESIDENT. The Chair will continue calling up the resolutions on the table in their order. The next is the resolution submitted by the Senator from Delaware [Mr. RIDDLE] calling for the number of soldiers and sailors furnished by the loyal States under the proclamation of the President for five hundred thousand men, dated July 16, 1864. To this resolution the Committee on Military Affairs and the Militia reported an amendment, which will be read.

The amendment was read, as follows: Strike out all after the word "resolved" and insert: That the Secretary of War be directed to inform the Senate what number of soldiers and sailors, stating each separately, the several States, Territories, and the District of Columbia have furnished the Army and Navy under all the calls heretofore made, setting forth the number demanded and the number furnished under each call.

The VICE PRESIDENT. When the resolution was last before the Senate the Senator from Vermont [Mr. COLLAMER] proposed to amend the amendment by adding to it the words " and the time for which the same were enlisted."

The amendment to the amendment was adopted, and the amendment, as amended, was agreed to. The resolution, as amended, was agreed to. CONDUCT OF GENERAL PAINE AT PADUCAH. The VICE PRESIDENT. The next resolution is one offered by the Senator from Kentucky, [Mr. PowELL,] requesting the President of the United States to cause Brigadier General E. A. Paine to be arraigned and tried for his conduct while in command at Paducah, Kentucky.

Mr. POWELL. I do not wish that resolution to be acted upon until we receive a response to the resolution which the Senate has passed asking for the report of the commission appointed to investigate the conduct of General Paine. I believe that the Secretary, of War has not yet responded to that resolution. I move, therefore, that this resolution lie on the table for the present. The motion was agreed to.

COMMITTEE ON CORRUPTIONS.

The VICE PRESIDENT. The next resolution in order is a resolution offered by the Senator from Kentucky, [Mr. Davis,] which will be read.

The Secretary read the resolution, as follows: Resolved, That the special rule of the Senate, No. 34, be amended by adding these words: "A committee for the investigation of the corruptions of the Government in all its Departments and offices, to consist of five members."

Mr. DAVIS. I will say but a word in relation to this resolution. If the rule which it proposes should be adopted, and the proper men should be appointed from session to session to serve on that committee, and they would faithfully and diligently discharge their duties, there is no committee organized by the Senate that, in my opinion, would render anything like the amount of service to the Government and country that such a committee would. I do not propose to say anything more but merely to ask for the yeas and nays on the question of adopting the resolution.

Mr. SHERMAN. Is the resolution now before the Senate?

The VICE PRESIDENT. It is, and the question is on its adoption.

institute preliminary examinations which may lead to an impeachment. If we do, the result of the examinations would have to go to the House of Representatives.

It seems to me, therefore, that this is not the body to organize such a committee, even if one is desirable; but I doubt very much whether one ought to be formed in either House of a permanent, standing character. When accusations are made against any of the Government officers the House is always ready to engage in the examination, and no party dare refuse, upon the proper showing, to engage in the examination of charges of fraud and corruption. I am sure that the present controlling party in this country would not dare to refuse to examine into a charge made against any officer of the Government upon sufficient showing and grounds. The House might refuse such an examination when the charge was too general and undefined; but when a distinct charge of corruption or fraud is made against any officer of the Government, the House of Representatives has always been willing, under all Administrations, to examine into that charge. It seems to me that the Senate is not the tribunal to institute these examinations, and I should be very sorry indeed to see a rule adopted which would place among our standing committees a committee to examine into frauds and corruptions, when we might be compelled judicially to sit upon those very matters when presented by the House of Representatives in a constitutional form.

Mr. HALE. I doubt whether anything will come of this. I have known something about these investigations. I think the honorable Senator from Ohio who has just addressed the Chair could give some information on the subject of how much weight and effect are given to the results which committees of investigation come to. I think he in the House of Representatives was at the head of a committee that investigated some naval contracts, and I think they found some very gross evidences of fraud, and they got a resolution of censure through the House, and there the matter ended.

There was a committee appointed by the Senate at the last session to investigate matters connected with naval supplies. The committee attended to that duty very laboriously, and they laid some results before the Senate and before the country which I think were most conclusive as to the existence of gross fraud. Well, sir, do you know what use the thing was? One of the material witnesses in that case, one of the most respectable men in Boston, who testified, and testified very fully before that committee, pretty soon after he went home was seized, his store seized, his papers seized, his wife's papers seized, and he was sent to a military fort and ordered not to be released under a bail of $500,000, and was ordered to Philadelphia for trial. That was a little too strong even for the city of Boston, considering that to render the thing more notorious the arrest was made on the 17th of June.

Mr. DAVIS. I will ask the honorable Senator if the offense for which that gentleman was seized and imprisoned was merely that of giving in his testimony and his exposure of those frauds?

Mr. HALE. That is my opinion, but it was not the assigned cause. They ordered him, as I have said, to be confined in Fort Warren, and not to be released under $500,000 bail, and he was ordered to Philadelphia for trial. This was a little too much for the loyal city of Boston, and it created such indignation there that a delegation of citizens of Massachusetts-I think the honorable Senator on my left [Mr. SUMNER] was one of them-represented this thing to the President, and the President countermanded the order for carrying a citizen of Massachusetts from Boston to Philadelphia for trial. The parties that had directed the bail to be put at $500,000 began to be a little alarmed, and they consented to take off $480,000 of the sum and liberate him on a bail of $20,000, which was done.

But that was not all. It was not the witnesses only that were to be punished. They sent a

New Hampshire, to see not only if they could find something against the witnesses, but against the unfortunate gentleman who stood at the head of that committee, and had been instrumental in exposing these frauds. I will read to you the written instructions that this commission came

to Portsmouth with, to show you who take care of these things:

"Some time in 1861 or spring of 1862 a lot of ship timber was prepared for Captain Marcy; but he gave up the building of ships, and this timber was offered to the Navy Department at Portsmouth at fourteen dollars per ton, and refused, (who were the parties offering it ?) and in a short time afterward the timber was put in the yard at twentyeight dollars per ton, (who put it in ? and did JoHN P. HALE have anything to do with it directly or indirectly?)

"Who is James Tarllon? He says Hale managed the

affair.

"Do you know anything where HALE has been interested?"

Those were the instructions with which the gentleman who is said to be the actual Secretary of the Navy sent a roving commission to Charles

town.

Mr. JOHNSON. I will inquire of the honorable member, did those instructions come from the Navy Department?

Mr. HALE. I cannot say who wrote them, or in whose handwriting they are, but those were the instructions that were furnished to the commission that went to the Portsmouth navy-yard to investigate the frauds of that transaction, or such frauds as they could find.

Mr. JOHNSON. You do not know who furnished them to the commission?

Mr. HALE. No; but you know I am a Yankee, and I have the privilege of guessing.

Mr. DAVIS. Whom do you guess? Mr. HALE. I guess it was the man who is called the actual Secretary of the Navy, and I have no doubt about it.

Mr. POWELL. Give us the name. Mr. HALE. Oh, no; I prefer to be a little Fox-y on that and keep dark. [Laughter.]

Now, sir, I think before the Senate or Congress institute any more investigations into frauds, they should take some measure to vindicate their own authority and protect their own witnesses who testify before them. This, which was furnished to me in writing as one of the written instructions to this committee that came to Portsmouth, is only one of a great many similar insinuations with which they were charged to investigate the conduct of this HALE, both at Charleston and at Portsmouth; and the reason that it is not duly proved is that the authors of it could not find any witnesses so base as themselves. They could fabricate, but they could not get witnesses to sustain it; and that is the whole of it.

I think this matter of investigation has got to be a farce. If you will read the report of that committee you will see evidence of the most conclusive character of fraud, not upon the Navy Department, but in it. What did they do? What did the Administration do when they found fraud in that Department? Did they investigate it? Not at all; but they sent this commission roving over the country to see if they could not find something else.

The papers have been filled lately with revelations of tremendous frauds perpetrated at the navy-yard at Philadelphia. It is said that Philadelphia lawyers are very keen and cute and acute, and it has been a by-word that "a man is as keen as a Philadelphia lawyer," or "it would take a Philadelphia lawyer to do that." But, sir, smart as the Philadelphia lawyers were, keen as they were, and numerous as they were, there was not one of them keen enough for the purposes of this inquiry, and they sent to New Hampshire and imported a lawyer from New Hampshire to Philadelphia, to investigate the frauds that were practiced in the Philadelphia navy-yard upon the Navy Department. I think that hereafter the keenness of the Philadelphia lawyers will be at a discount if that was an actual necessity.

Mr. President, I am tired to death with these investigations. I have not failed since I have been a member of this body to denounce fraud wherever I have seen it. We had plenty of specimens of it under Democratic Administrations, and we pointed them out. There was a war made upon Paraguay. We fitted out a naval expedition and sent it there, and at the mouth of our cannon we forced a treaty out of Paraguay to pay our own citizens what Paraguay owed them. We got a commission. We got a citizen of the United States appointed arbitrator under that commission; and what did he find? He found that we were actually indebted to Paraguay, and not a dollar was due to us. But still, sir, the expedition did just exaetly