land, for Pennsylvania, for New York, or any other State exclusively; but we should stand here ready to appropriate money for Nevada, for California, for Oregon, or any other portion of the United States where an appropriation may be demanded by the best interests of the whole people.

Sir, take in my own district the product of one single article, which is recognized, at any rate, by this Government as legitimate, if it is not by those who are very great sticklers for moral reform: the production of high wines. The production of high wines alone consumes in the city of Peoria from three to five million bushels of grain annually; and but for the fact that that manufacture is carried on there, this corn might rot in the granaries of the farmer. We reduce the bulk of the corn by putting it into high wines, and in that manner we can, to some extent, reduce the cost of transportation between Peoria and New York. From the manufacture of that article alone, the United States Treasury has already since the internal revenue act has gone into operation, reaped a revenue of about five million dollars; and whenever the present stock on hand, which has worried my friend from Illinois [Mr. WASHBURNE] SO much, shall be consumed, the establishments in Peoria alone will produce sufficient high wines to pay, at the rate of two dollars per gallon, a tax of $10,000,000 annually into the Treasury of this Government. That is for only one district, and only one article. And is it to be said that this Congress will vote down the amendment of the gentleman from the Chicago district, [Mr. ARNOLD,] when it is shown that $5,000,000, one half the amount that is paid into the Treasury annually by the single city of Peoria, will build you a canal; and improve the navigation of the Illinois river from the Mississippi to Lake Michigan, where you can pass your gunboats, your transports, and your munitions of war, forever free? Why, sir, this is, upon the part of the State of Illinois, a grand offer to the Government. This, sir, is but a paltry and niggardly sum in view of the enormous benefits that are to result from the appropriation.

Now, sir, I have said this much with regard to this proposed improvement merely in a commercial point of view, a point of view which looks to the promotion of the pecuniary welfare of the people. In a military point of view it is, perhaps, of equal importance; and I know it is of equal importance if we should become involved in a war with Great Britain. I have seen it stated that the British Government has already ordered thirty gunboats to be built, in view of the troubles which are about to arise, or which, at least, are threatening in the horizon between this country and Canada. It may not be true; but after the abrogation of our treaty with them in reference to the amount of naval force to be maintained on the lakes by either party, Great Britain could and probably would put upon every lake a powerful fleet.

Now, build the Niagara ship-canal, and where are the gunboats to come from? You have got to build them unless you give us the Illinois improvements. Give us that canal, and the gunboats are ready to be transferred from the Mississippi to any of the lakes anywhere on that line of communication. What are you going to do with the gunboats already floating upon the waters of the Mississippi, and which have achieved so much toward crushing out this rebellion? Are you going to suffer them to rot? But those gunboats will be of no earthly service upon the western waters. What is to be done with them? Are they going to lie like lifeless hulks at the levee and rot in the sun; or are you going to act with foresight, and wisdom, and make these appropriations not only for the Niagara ship-canal, but also for the Illinois and Michigan canal, so that these gunboats may be used not only on the Mississippi but upon the waters of the great lakes?

Mr. MOORHEAD. I desire to ask the gentleman from Illinois whether he thinks that those gunboats on the Mississippi river would answer for the navigation of the lakes; whether they would stand a storm there, and, indeed, whether they could be used there at all.

Mr. INGERSOLL. I think they could be used there, and I will tell the gentlemen how. I have no idea that there would be a raging storm on the canal, and therefore I believe they could go as far as Chicago, at least. The gentleman will probably agree with me in that. And Chi

cago is the western metropolis and is to-day vying with the metropolis on the Atlantic coast. Chicago is a metropolis worth defending. At that place is stored at all times millions of grain, the product of the western States. That place is worth being defended; and these very gunboats and other gunboats upon the Atlantic coast can be transferred to Chicago, Cleveland, Toledo, and other places on the lakes which are of sufficient importance to demand defense. I believe that most of the gunboats built on the Mississippi river might be used to advantage on the lakes.

Mr. ARNOLD. For all purposes of harbor defenses on the lakes those boats would be perfectly suitable. Many of them are suitable for the navigation of the lakes at any time, as those familiar with them are well advised. I would ask the gentleman from Missouri, [Mr. BLow,] who is conversant with the subject, if I am not

correct.

Mr. BLOW. I would remind the gentleman from the Pittsburg district, [Mr. MOORHEAD,] that two of the finest vessels now floating were built on the Mississippi, and are now off Mobile; and that to one of them that great naval victory achieved under Admiral Farragut is to be attributed. It was the Chickasaw, a two-turreted monitor, which threw the shell which disabled the Tennessee. Those two vessels went down the Mississippi, passed around into the Gulf, anchored in front of the fort, ran past the fort, and attacked the Tennessee, which surrendered to the flag of our country. I would also state further that they were built six miles below the city of St. Louis, that they are sea-going vessels, and of course adequate to the navigation of the lakes, and, as I believe, to the defense and protection of the ports upon the lakes.

Mr. ARNOLD. The Secretary of the Navy states that all these vessels can be transported to the lakes by the enlargement of the Illinois and Michigan canal.

Mr. MOORHEAD. One word more. I do not desire to embarrass this bill, but the members of the House who were here when this matter was discussed a year ago will recollect very well that we had the testimony of Commodore Foot, and other gentlemen who knew all about this subject, stating explicitly that these river boats could not live through a storm on the lakes; that they were not intended for lake navigation, and could not be used there. At that time I took the liberty of denouncing this scheme as useless if it was meant as a military necessity to take gunboats from the river and put them on the lakes. I admit that this is a great commercial project, and I have no desire to oppose it; but I do not want it to be voted for here under false pretenses. There is no object in having a canal for the purpose of bringing gunboats from the Mississippi river that could not live on the lakes and could not be used there.

Mr. ARNOLD. In reply to the gentleman from Pennsylvania, I will read the statement of the Secretary of the Navy on this subject. He

says:

"The United States have at this time one hundred naval vessels on the Mississippi and its tributaries. Steamers of iron will endure for years in fresh water, and the naval vessels which the Government may place on these rivers will be preserved. Should the projected water communication connecting the northern lakes with the Mississippi by an enlarged ship-canal be carried into effect, the Mississippi squadron could be made available for the defense of our northern frontier when circumstances require it. This squadron carries four hundred and sixty-two guns and five thousand five hundred men."

That is the statement of the Secretary of the Navy upon this identical question and about these identical vessels.

Mr. INGERSOLL. Mr. Speaker, I had not looked for any objection from Pennsylvania. Pennsylvania can afford to be even prodigal just now. I understand they have "struck ile" [Laughter.] From that one source alone Pennsylvania has been enriched nearly sixty-five or seventy million dollars, and has a source of wealth that appears to be inexhaustible.

Mr. STEVENS. I would say to the gentleman that we lost more than that by the taking off of the duty on railroad iron last year.

Mr. INGERSOLL. Will the gentleman from Pennsylvania [Mr. STEVENS] inform the House what the profit of Pennsylvania was upon her iron trade before the duty was taken off?

I do not envy the prosperity of Pennsylvania, but I believe it is true that Pennsylvania, from her

iron, her coal, and her oil, has made herself one of the richest States in this Union.

Mr. RANDALL, of Pennsylvania. Except, if the gentleman will allow me, for her canals, which have swamped her with $40,000,000 of debt.

Mr. INGERSOLL. Well, she is able to pay it. If she is not I will help her to do it. [Laughter.]

Mr. RANDALL, of Pennsylvania. She is, and I am glad of it, by reason of her iron, her coal, and her oil.

Mr. INGERSOLL. What would Pennsylvania be to-day without the railroads and canals which she now has? Without these her mines of wealth would lie hidden in her bosom.

Mr. RANDALL, of Pennsylvania. Does the gentleman make the inquiry of me what she would be?

Mr. INGERSOLL. I mean in an agricultural point of view.

Mr. RANDALL, of Pennsylvania. I shall have to call for a division of the question. The experience of Pennsylvania has shown her that canals never can compete with railways.

Mr. INGERSOLL. That is not the experience of New York. Nor is it the experience of Illinois.

Mr. RANDALL, of Pennsylvania. The gentleman will allow me to state further that we had to give away part of our canals to somebody who would build the balance.

Mr. INGERSOLL. I am not surprised at that. Pennsylvania is not essentially an agricultural State, and they have not much to transport except iron and coal and petroleum.

That

Mr. RANDALL, of Pennsylvania. rather contradicts the compliment which the gentleman has paid to the wealth of my State.

Mr. INGERSOLL. Not at all. I make the exception in favor of your oil, of your iron, and of your coal; and I only hope that the source of your oil may never fail, that your mines of iron will never be exhausted, and that you will go on prospering and to prosper until Pennsylvania has more money than the national debt amounts to to-day; and I hope, in addition, that Pennsylvania may ever be like the widow's cruse, never failing to furnish the oil. [Laughter.]

Mr. JOHNSON, of Pennsylvania. I would liko to inquire of the gentleman from Illinois whether or not he is acquainted with the widow, or whether he knows anything about her oil jug? [Laughter.]

Mr. COX. I rise to a point of order. The gentleman from Illinois is not bound to criminate himself. [Laughter.]

Mr. INGERSOLL. I am obliged to my friend from Ohio, and I will avail myself of his point of order. If there is anything that is detestable and worthy of condemnation, it is the miserable State prejudices that have been cultivated in this country under the idea of State rights and State Sovereignty; an idea which has led to this terrible rebellion. I want no more of it. I want to recognize every member on this floor as a Representative of the people of the United States. I do not care whether he comes from the coal mines of Pennsylvania or the factories of Lowell. I regard him only as a Representative of the whole people of the United States, having at heart their interests and their advancement. That is why I say here to-day that I am for New England. I want to take New England by the hand when she says to Illinois "Stand by us," and we will stand by her; and all the powers this side of Pandemonium cannot make us consent to leave her "out in the cold." We will stand by the whole country, as the Army and Navy have stood by the whole country.

Mr. DAWES. I wish to inquire of my friend from Illinois in what manner he proposes to mani fest his attachment for the interests of New England.

Mr. INGERSOLL. I propose to manifest my attachment to the interests of New England by defending her whenever she is unjustly assailed. I propose to defend the interests of New England as I would defend those of lilinois: by imposing no burden on Massachusetts which I would not impose on Illinois.

Mr. DAWES. I would like to inquire of my friend whether he proposes to stand by New Eng. land by surrendering all her industrial interests to the competition of the Old World.

Mr. INGERSOLL. No, sir; I do not.

THIRTY-EIGHTH CONGRESS, 2D SESSION.

Mr. DAWES. Then I trust my friend will reform his votes. [Laughter.]

Mr. INGERSOLL. What one, sir? Mr. DAWES. On the paper question. [Laughter.]

Mr. INGERSOLL. I will say to my friend from Massachusetts that in voting for the reduction of the duty on paper I have stood by the people of Massachusetts and against her incorporations. I have voted, perhaps, against the interests of the gentleman, as I believe he is a manufacturer of paper, [laughter] or interested in it; but I have voted for the interests of his constituents, and I propose to do so all the time.

Mr. DAWES. If my friend does not understand the interests of New England any better than his last remarks indicate, I hope that he will spare us any further defense of the interests of New England. [Laughter.] We can get along better without his defense.

Mr. INGERSOLL. So far as my friend from Massachusetts constitutes the people of New England, I will accept his suggestion; but so far as the people are concerned, I will not accept it. They are also my people.

Mr. DAWES. I want to say to my friend that my constituents understand their interest a great deal better than he does.

Mr. INGERSOLL. I thought the gentleman was going to say "a great deal better than their Representative in Congress." [Laughter.]

Mr. STROUSE. I admire the gentleman's patriotism and his being opposed to having any portion of our Union left out in the cold. He says that New England shall never be left out in the cold. Sir, I am a friend of the industry of New England. I admire her industry, her energy, and her prosperity, and she shall not be left out in the cold as long as I represent the tenth district of Pennsylvania, for we have coal enough in that district to warm her and to heat her for years to come.

Mr. INGERSOLL. Well, I am very glad to hear it, [laughter,] and I hope my friend from Pennsylvania [Mr. STROUSE] will unite with us -the friends of progress and the friends of the people—against the monopolists of the country, and provide the means of cheap transportation for his coal to my friend from Massachusetts [Mr. DAWES] and his people.

|

FRIDAY, FEBRUARY 3, 1865.

I believe that the people of this country are in favor of this appropriation. The constituents of every member here, those who are high-minded and honorable, will say, "Vote for both of these appropriations for the good of the country; we have to support and maintain this Government; give us every means of doing so." The people must pay the taxes, and must maintain the honor and credit of the country. How are they to do that? They must do it by having increased stimulus, by having additional means of transportation from the great producing West to the consumers of the Atlantic States and the consumers of the Old World. Do this; do it to-day, and the country will again be proud of you, and of us, as I hope they may ever have occasion to be.

Mr. LITTLEJOHN addressed the House. [His remarks will be published in the Appendix.] Mr. RANDALL, of Pennsylvania, obtained the floor.

Mr. LITTLEJOHN. It was my desire, unless the gentleman from Illinois [Mr. ARNOLD] desired to reply to me briefly, to move the previans question on the amendment and let this question be determined. There are but thirty days of the session left.

The SPEAKER. The gentleman from Pennsylvania is entitled to the floor.

Mr. RANDALL, of Pennsylvania. I do not design to enter into a general discussion of the question of internal improvements, nor do I design to consider whether it is proper for this Government to make an expenditure of this amount of money for this purpose. I come to what I consider the real point, and which has not been referred to here, and that is, whether we are able to expend this money now. I have at my home letters telling me that officers of the Army have failed to receive any pay since the 31st of August last, and || yet gentlemen come here and ask us to advance the money for the construction of this work at a time when we are unable to fulfill our obligations and carry out our contracts. I am surprised at it. Sir, as my own State has been referred to here, I may be permitted to allude to our experience in this matter. I can tell gentlemen that we have been swept into overwhelming debt by just such propositions as this. Sir, you cannot make water run up a hill, and you cannot spend more money than you have without running into debt, and I want to guard against that.

cial condition of the country. What is proposed here? While the original bill only asks for $6,000,000, we have here a rider to it calling for $5,000,000 more. I should be disposed to vote for the rider in the hope of killing the bill; but in order to be consistent, I prefer to vote against both as improvident expenditures.

Mr. Speaker, yesterday was the grandest day that ever dawned upon the American continent- I admire the gentleman from Illinois [Mr. ARthat is to say, the grandest for the people and NOLD] for his special devotion to the interests of for those Representatives who stood by the peo- his constituency, and I admire the gentleman from ple. And to-day may be made another grand New York [Mr. LITTLEJOHN] for not forgetting day in the history of our country, by aiding Oswego, but my action must be governed by the our national prosperity, in aiding the people experience of the past. I must act, not as a Pennagainst the monopolists of the country in giv-sylvanian, but as one having an eye to the finaning them a cheap means of communication between the western States and the Atlantic seaboard; by voting this miserable little appropriation, in order that we may have a canal around the falls of Niagara, and be independent of Canada and Great Britain. Let us be independent of all your reciprocity treaties. We have got the wealth, at least the gentlemen who oppose us on some questions in this House will admit that if we have not got the wealth we have the greenbacks. Let us make this appropriation to build this shipcanal around the falls of Niagara, and show by works and deeds something of the American character, by maintaining American independence. Let us weld the East and the West together by means of this Illinois canal, by these mutual acts of assistance which benefit alike all sections. Let us do this and the people will thank us. Railroad corporations will howl, I know, because they must come in competition with canal-boats between Chicago and New York; but let them howl, and while the railroad corporations and the railroad monopolists howl, the teeming millions that enrich this country, the teeming millions east and west, the industrial men of all sections of the country will rejoice, because the sun of their prosperity is rising above the horizon, and approaching the zenith, and that, too, by the aid of their own Representatives in Congress.

Mr. JENCKES. The gentleman from New York, [Mr. LITTLEJOHN,] who recently had the floor, stated that there were some here who, although in favor of all these propositions, would yet be obliged to vote against the amendment of the gentleman from Illinois, [Mr. ARNOLD.] am one of those, although I am in favor of all these propositions. If it were a time of profound peace, whether the Treasury was full or empty, I should vote to loan the credit of this Government to improve all our great natural highways for the purpose of accommodating traffic and

commerce.

But it seems to me that in the debate on this question the point on which the amendment of the gentleman from New York rests has been departed from. We are not now legislating for internal improvements. We are not legislating, in the spirit of this bill, for the purpose of promoting commerce, but for the purpose of national defense. And the question which must arise at the outset is this: why is it that, in this time of

NEW SERIES.....No. 35.

war, when our expenditures are so enormous, any private company actually formed or that may be formed in the future, or why any friends of such a company should come to Congress and ask for a loan of the credit of the Government to build its works, whether railroad or canal?

My reason for supporting the amendment of the gentleman from New York [Mr. LITTLEJOHN] is that the work which it proposes is a measure of defense, and, so far as this Congress is concerned, of defense alone. We find ourselves with one formidable war on hand, and we have been threatened with war from another quarter. Its signs have not yet disappeared. They are renewed almost with every steamer that crosses the Atlantic. If war should break out, we find a coast of three thousand miles in extent entirely undefended. We must build and maintain a fleet on the lakes. The Mississippi fleet is not adapted to the navigation of the lakes, even if it could be transported thither. A sea-going fleet is not adapted to the navigation of the lakes. We must have on the lakes a fleet ample for the defense of the cities on their margin, and of their commerce. That fleet must be a lake fleet. As the gentleman from New York has well said, build this canal or aid private enterprise in building it, and the lakes are one sea. You have but an expenditure for one fleet on them where otherwise-the falls of Niagara intervening-you must have two fleets.

But, Mr. Speaker, there is no necessity, in the present exigency of this war or of our foreign relations, for this Government to pledge its credit for the construction of canals between Lake Michigan and the Mississippi, or for the improvement of the navigation of the Mississippi or any other river. These things must be done by private enterprise; or, in due time, the Government may come to the aid of private enterprise. So far as I am concerned, I would be willing at all times to concede that. But, with this Niagara ship-canal we will have ample means of defense in case of a rupture of our peaceful relations with Great Britain. We have in the mean time a navigable highway, ample for the purposes of commerce, between Buffalo and Chicago and all the cities on the lakes. The Niagara ship-canal may never be used for the purposes of war. God grant that it may not be. But in the mean time the people of the West will have what they ask for, an ample highway for the purposes of traffic and commerce, and for the improvement and prosperity of the great West.

Mr. LITTLEJOHN. I move the previous question on my amendment.

Mr. ARNOLD. I ask the gentleman from New York to withdraw the previous question. Mr. LITTLEJOHN. I will if the gentleman will renew it.

Mr. ARNOLD. I will renew it. I propose to Occupy only a few minutes.

Mr. LITTLEJOHN. Then I withdraw it. Mr. ARNOLD. I desire to say in reply to the gentleman from New York that every argument which he has presented in favor of a canal round the falls of Niagara operates with still greater force in behalf of the connection between Lake Michigan and the Mississippi. These works are not rivals. They are of the same character. They complete a great chain of water communication between the Mississippi and the lakes. So far as its military importance is concerned, the Niagara ship-canal will not enable a single gunboat to be placed on the lakes, whereas the Illinois and Michigan canal would open the lakes to a hundred gunboats. As a military measure, the Niagara ship-canal is therefore insignificant compared with the other. The one interests two of the smaller lakes, while the other interests all the lakes and the Mississippi itself. I will not detain the House any further, but will renew the demand for the previous question.

Mr. PRUYN. Mr. Speaker, what is the condition of the question?

The SPEAKER. At the last session of Congress House bill No. 126 was pending in the Com

mittee of the Whole on the state of the Union. That committee was discharged from its further consideration, and the bill came before the House. The gentleman from New York [Mr. LITTLEJOHN] moved an amendment in the nature of a substitute to the entire bill, pending which the gentleman from Illinois [Mr. ARNOLD] moved to add to the substitute. The pending question is on the amendment of the substitute, on which the previous question has been demanded.

The previous question was seconded, and the main question ordered.

Mr. FERNANDO WOOD. I would ask if that cuts off any further amendment?

The SPEAKER. It does not; the previous question is now confined exclusively to the amendment of the gentleman from Illinois, [Mr. ARNOLD,] and if the previous question is not again ordered, the substitute, as well as the original bill, will still be open to amendment.

The question recurred upon agreeing to the amendment of Mr. ARNOLD to the substitute proposed by Mr. LITTLEJOHN.

The amendment of Mr. ARNOLD was to add to the substitute the following:

SEC. 16. And be it further enacted, That as a military work, and to facilitate the defense of the northern frontier, and to enable gunboats and vessels-of-war to pass from the Mississippi to Lake Michigan, and to promote the commerce between the different States and the United States and foreign nations, the President of the United States be, and he is hereby, fully authorized and empowered to deepen and enlarge the Illinois and Michigan canal, supplying the same with water from Lake Michigan, and to improve the navigation of the Illinois and Des Planes river in such manner as to insure a safe and uninterrupted navigation between Lake Michigan and the Mississippi river, at all times during the season of navigation, for gunboats, steamboats, naval and war vessels of the United States not drawing over six feet of water, the plan of which shall be submitted to and approved by the President of the United States. The President may, and he is hereby authorized to, contract with the State of Illinois, or with any company incorporated for that purpose, to construct said works.

SEC. 17. And be it further enacted, That to aid the State of Illinois, or such company as may be incorporated for that purpose, in the construction of said works, the sum of $5,000,000, in bonds of the United States, payable twenty years from their date, bearing interest at the rate of six per cent. per annum, to be made and issued in the usual manner, the interest and principal of which said bonds to be payable out of any moneys to be hereafter appropriated by Congress, shall be delivered by the Treasurer of the United States to the State of Illinois, upon the following conditions, to be assented to by the Legislature of the State of Illinois, and which shall be embraced in a contract between the United States and said State of Illinois, before the delivery of any of said bonds, to wit: First, that the said canal and rivers, when improved, shall be and remain forever free from toll or charge by the vessels, gunboats, transports, troops, material of war, and other property of the United States. Second, the State of Illinois shall, by its Legislature, undertake and contract that that State, either by itself or through some company incorporated for that purpose, proceed without delay to commence, and, within a reasonable time, complete, the said canal and river improvements in such a way as to insure such navigation as hereinbefore mentioned between Lake Michigan and the Mississippi river. On compliance with which conditions, and in execution of such contract between the United States and the State of Illinois, the Secretary of the Treasury is directed to issue and deliver said bonds in manner following, to wit: the amount of $500,000 in bonds shall be delivered upon the concluding of said contract with the State or Illinois; and whenever there shall have been expended upon said works the sum of $1,000,000, and the same shall be certified and sworn to by the chief engineer of said works, an additional sum of $500,000 in bonds, as aforesaid, shall be delivered to said State; and so on for every million dollars expended upon said works and certified and verified to the Secretary of the Treasury, as aforesaid, the sum of $500,000 in bonds shall be issued and delivered until the whole amount of said $5,000,000 shall have been delivered for the purposes of aiding in constructing said works as aforesaid.

Mr. WASHBURNE, of Illinois, called for the yeas and nays upon agreeing to the amendment to the amendment.

The yeas and nays were ordered. The question was then taken; and it was decided in the negative-yeas 49, nays 99, not voting 34; as follows:

YEAS-Messrs. James C. Allen, Allison, Anderson, Arnold, Baily, Baxter, Blow, Boutwell, Boyd, Brandegee, William G. Brown, Coffroth, Henry Winter Davis, Donnelly, Eden, Farnsworth, Grinnell, Hale, Hall, Charles M. Harris, Higby, Asahel W. Hubbard, Ingersoll, Julian, Francis W. Kellogg, Knapp, Loan, McBride, McClurg, Morrison, Norton, Price, William H. Randall, John H. Rice, Robinson, James S. Bollins, Ross, Scofield, Shannon, Smith, Strouse, Stuart, Elihu B. Washburne, Wilder, Wilson, Windom, Benjamin Wood, Fernando Wood, and Woodbridge-49.

NAYS-Messrs. Alley, Ames, Ancona, Ashley, Augustus C. Baldwin, John D. Baldwin, Beaman, Blaine, Broomall, James S. Brown, Chanler, Ambrose W. Clark, Clay, Cobb, Cole, Cox, Cravens, Creswell, Thomas T. Davis, Dawes, Dawson, Denison, Dixon, Driggs, Eckley, Edgerton, Eldridge, Eliot, English, Finck, Frank,Ganson, Garfield, Gooch, Grider, Harding, Harrington, Benjamin G. Harris, Holman, John H. Hubbard, Hulburd, Jenckes, Philip Johnson, Kalb

fleisch, Kasson, Kelley, Orlando Kellogg, Kernan, King, Knox, Lazear, Le Blond, Littlejohn, Long, Longyear, Marvin, Meludoe, Samuel F. Miller, William II. Miller, Moorhead, Morrill, Daniel Morris, Amos Myers, Noble, Odell, Charles O'Neill; John O'Neill, Patterson, Pendleton, Pomeroy, Pruyn, Radford, Samuel J. Randall, Alexander II. Rice, Edward H. Rollins, Schenck, Scott, Sloan, Smithers, Spalding, John B. Steele, William G. Steele, Stevens, Stiles, Sweat, Thomas, Townsend, Tracy, Upson, Van Valkenburgh, Wadsworth, Ward, William B. Washburn, Webster, Wheeler. Joseph W. White, Williams, Winfield, and Worthington-99.

NOT VOTING-Messrs. William J. Allen, Blair, Bliss, Brooks, Freeman Clarke, Deming, Dumont, Griswold, Herrick, Hooper, Hotchkiss, Hutchins, William Jobuson, Law, Mallory, Marcy, McAllister, McDowell, McKinney, Middleton, James R. Morris, Leonard Myers, Nelson, Orth, Perham, Perry, Pike, Rogers, Starr, Thayer, Voorhees, Whaley, Chilton A. White, and Yeaman-34.

So the amendment to the amendment was disagreed to.

The question recurred upon agreeing to the substitute proposed by Mr. LITTLEJOHN.

Mr. LITTLEJOHN. I ask unanimous consent of the Ilouse to amend the second section by striking out the words "Charles B. Stuart, of the State of New York, civil engineer, and in case of the death, or any disability, or refusal to act of said Stuart, then such other civil engineer as the President shall deem it expedient to appoint,' and inserting in lieu thereof the words "two civil engineers;" so that the section will read:

SEC. 2. And be it further enacted, That the President shall appoint a topograhical engineer, to be associated with two civil engineers, to make such preliminary examinations and surveys, and from them shall determine and locate the route of said canal; and the said engineers shall make and file in the office of the Secretary of War a survey, map, and profile of said canal when thus located, and before the work thereon shall be commenced.

I do this at the request of several members. It is due to Mr. Stuart to say that his name was placed in the bill without his knowledge, or consent, or desire.

Mr. RANDALL, of Pennsylvania.

Would

it be in order to move to insert "League Island?” [Laughter.]

The SPEAKER. Not at this stage. Mr. RANDALL, of Pennsylvania. Then I must object to any amendment.

Mr. LITTLEJOHN. Then I will move the amendment and have a vote of the House upon it. And I now call the previous question upon the bill and the pending amendments.

Mr. ELDRIDGE. I rise to a privileged question. I move to reconsider the vote by which the amendment of the gentleman from Illinois [Mr. ARNOLD] was rejected; and I move to lay that motion on the table.

Mr. FARNSWORTH called for the yeas and nays on the motion to lay the motion to reconsider on the table.

The yeas and nays were not ordered.

The question was then taken upon laying the motion to reconsider on the table; and it was agreed to.

Mr. WASHBURNE, of Illinois. I move to lay the whole subject on the table.

Mr. PRUYN. "I hope the gentleman from IIlinois [Mr. WASHBURNE] and the gentleman from New York [Mr. LITTLEJOHN] will waive their motions and let this subject go over.

Mr. LITTLEJOHN. I cannot consent to that. The question recurred upon agreeing to the motion to lay the whole subject on the table. Mr. HOLMAN called for the yeas and nays. The yeas and nays were ordered.

Mr. GRINNELL. I move that the House do now adjourn.

Mr. BROOKS. I would inquire what effect an adjournment would have on this bill.

The SPEAKER. It will come up to-morrow morning, immediately after reading the Journal. Mr. LITTLEJOHN. Is there no privileged subject that will have precedence?

The SPEAKER. A report of a committee on conference is the only matter that will take precedence.

Mr. LITTLEJOHN. I understand that there is a conference report to be made in the morning. I trust the friends of this measure will dispose of it now.

The question was then taken on the motion to adjourn; and upon a division-ayes 40, noes 80 -it was not agreed to.

The question recurred on the motion of Mr. WASHBURNE, of Illinois, to lay the whole subject on the table.

The question was taken; and it was decided in

the negative-yeas 51, nays 95, not voting 36; as follows:

YEAS-Messrs. Ancona, Blow, James S. Brown, William G. Brown, Cox, Cravens, Creswell, Dawson, Denison, Eden, Eldridge, Fuick, Ganson, Grider, Hale, Hall, flarding, Harrington, Benjamin G. Harris, Holman, Philip Johnson, Kelley, Knapp, Lazear, Le Blond, Long, William H. Miller, James R. Morris, Morrison, Amos Myers, Noble, Charles O'Neill, John O'Neill, Pendleton, Pike, Pruyn, Samuel J. Randall, William H. Randall, Robinson, Scofield, Scott, William G. Steele, Stiles,Thomas, Tracy, Wadsworth, Elihu B. Washburne, Webster, Joseph W. White, Williams, and Benjamin Wood-51.

NAYS-Messrs. James C. Allen, Alley, Allison, Ames, Arnold, Ashley, Baily, Augustus C. Baldwin, John D. Baldwin, Baxter, Beaman, Blaine, Boutwell, Boyd, Brandegee, Brooks, Broomall, Chanler, Ambrose W. Clark, Cobb, Cole, Thomas T. Davis, Dawes, Dixon, Donnelly, Driggs, Eckley, Edgerton. Eliot, English, Farnsworth, Frank, Garfield, Gooch, Grinnell, Griswold, Charles M. Harris, Herrick, Higby, Hooper, Asahel W. Hubbard, John H. Hubbard, Hulburd, Ingersoll, Jenckes, Julian, Kalbfleisch, Kasson, Francis W. Kellogg, Orlando Kellogg, Kernan, Knox, Littlejohn, Loan, Longyear, Marvin, McBride, McClurg, MeIndoe, Samuel F. Miller, Morrill, Daniel Morris, Norton, Odell, Patterson, Pomeroy, Price, Radford, Alexander H. Rice, John H. Rice, Edward H. Rollins, Ross, Schenck, Shannon, Sloan, Smithers, Spalding, John B. Steele, Stevens, Strouse, Stuart, Sweat, Townsend, Upson, Van Valkenburgh, Ward, William B. Washburn, Wheeler, Wilder, Wilson, Windom, Winfield, Fernando Wood, Woodbridge, and Worthington-95.

NOT VOTING-Messrs. William J. Allen, Anderson, Blair, Bliss, Freeman Clarke, Clay, Coffroth, Henry Winter Davis, Deming, Dumont, Hotchkiss, Hutchins, William Jolson, King, Law, Mallory, Marcy, McAllister, McDowell, McKinney, Middleton, Moorhead, Leonard Myers, Nelson, Orth, Perham, Perry, Rogers, James S. Rollins, Smith, Starr, Thayer, Voorhees, Whaley, Chilton A. White, and Yeaman-36.

So the motion to lay on the table was not agreed to.

Mr. HOLMAN moved that the House adjourn. The motion was not agreed to. The question then recurred on seconding the demand for the previous question.

The previous question was seconded. The main question was ordered, there being on a division-ayes eighty-eight, noes not counted. The question then recurred on the amendment of Mr. LITTLEJOHN to the substitute. The amendment was agreed to.

The substitute as amended was agreed to.

The bill as amended and the preamble were ordered to be engrossed for a third reading; and being engrossed, were accordingly read the third time.

Mr. LITTLEJOHN demanded the previous question on the passage of the bill.

The previous question was seconded, and the main question ordered.

Mr. HOLMAN demanded the yeas and nays.
The yeas and nays were ordered.

The question was taken; and it was decided in the affirmative-yeas 95, nays 51, not voting 36; · as follows:

YEAS-Messrs. James C. Allen, Alley, Allison, Ames, Arnold, Ashley, Baily, Augustus C. Baldwin, John D. Baldwin, Baxter, Beaman, Blaine, Boutwell, Boyd, Brandegee, Brooks, Broomall, Ambrose W. Clark, Cobb, Cole, Thomas T. Davis, Dawes, Dixon, Donnelly, Driggs, Eckley, Edgerton, Eliot, English, Farnsworth, Frank, Garfield, Gooch, Grinnell, Griswold, Charles M. Harris, Herrick, Higby, Hooper, Asahel W. Hubbard, John H. Hubbard, Hulburd, Ingersoll, Jenckes, Julian, Kalbfleisch, Kasson, Kelley, Francis W. Kellogg, Orlando Kellogg, Kernan, Knox, Littlejohn, Longyear, Marvin, McBride, McClurg, MeIndoe, Samuel F. Miller, Morrill, Daniel Morris, Norton, Charles O'Neill, Patterson, Pomeroy, Price, Radford, Alexander H. Rice, John H. Rice, Edward H. Rollins, Ross, Schenck, Shannon, Sloan, Smithers, Spalding, John B. Steele, Stevens, Strouse, Stuart, Sweat, Townsend, Upson, Van Valkenburgh, Ward, William B.Washburn, Whaley, Wheeler, Wilder, Wilson, Windom, Winfield, Fernando Wood, Woodbridge, and Worthington-95.

NAYS-Messrs. Ancona, James S. Brown, William G. Brown, Chanler, Coffroth, Cravens, Creswell, Dawson, Denison, Eden, Eldridge, Finck, Ganson, Grider, Hale, Hall, Harding, Harrington, Benjamin G. Harris, Holman, Philip Johnson, Knapp, Lazear, Le Blond, Loan, Long, William H. Miller, Jaines R. Morris, Morrison, Amos Myers, Noble, Odell, John O'Neill, Pendleton, Pike, Pruyn, Samuel J. Randall, William II. Randall, Robinson, Scofield, Scott, William G. Steele, Stiles, Thomas, Tracy, Wadsworth, Elihu B. Washburne, Webster, Joseph W. White, Williams, and Benjamin Wood-51.

NOT VOTING-Messrs. William J. Allen, Anderson, Blair, Bliss, Blow, Freeman Clarke, Clay, Cox, Henry Winter Davis, Deming, Dumont, Hotchkiss, Hutchins, William Johnson, King, Law, Mallory, Marey, McAllister, McDowell, McKinney, Middleton, Moorhead, Leonard Myers, Nelson, Orth, Perham, Perry, Rogers, James S. Rollins, Sinith, Starr, Thayer, Voorhees, Chilton A. White, and Yeaman-35.

So the bill was passed.

Mr. LITTLEJOHN moved to reconsider the vote just taken; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

ILLINOIS SHIP-CANAL.

The SPEAKER. The next bill in order is the bill (H. R. No. 322) for the construction of the Illinois ship-canal, which was postponed till today immediately after the reading of the Journal.

Mr. ARNOLD. I move the following as a substitute, on which I demand the previous question:

That as a military work, and to facilitate the defense of the northern frontier, and to enable gunboats and vesselsof-war to pass from the Mississippi to Lake Michigan, and to promote the commerce between the different States and the United States and foreign nations, the President of the United States be, and he is hereby, fully authorized and empowered to deepen and enlarge thie Illinois and Michigan canal, supplying the same with water from Lake Michkan, and to improve the navigation of the Illinois and Des Planes rivers in such manner as to insure a safe and uninterrupted navigation between Lake Michigan and the Mississippi river at all times during the season of navigation, for gunboats, steamboats, naval and war vessels of the United States not drawing over six feet of water, the plan of which shall be submitted to and approved by the President of the United States. The President may, and he is hereby authorized to, contract with the State of Illinois, or with any company incorporated for that purpose, to construct said works.

Sec. 2. And be it further enacted, That to aid the State of Illinois, or such company as may be incorporated for that purpose, in the construction of said works, the sum of $5,000,000 in bonds of the United States, payable twenty years from their date, bearing interest at the rate of six per cent. per annum, to be made and issued in the usual Dauner, the interest and principal of which said bonds to be payable out of any moneys to be hereafter appropriated by Congress, shall be delivered by the Treasurer of the United States to the State of Illinois upon the following conditions, to be assented to by the Legislature of the State of Illinois, and which shall be embraced in a contract between the United States and said State of Illinois before the delivery of any of said bonds, to wit: First, that the said canal and rivers when improved shall be and remain forever free from toll or charge upon the vessels, gunboats, transports, troops, material of war, and other property of the United States. Second, the State of Illinois shall, by its Legislature, undertake and contract that that State, either by itself or through some company incorporated for that purpose, shall proceed without delay to commence, and with a reasonable time complete, the said canal and river improvements in such a way as to insure such navigation as herembefore mentioned between Lake Michigan and the Mississippi river. On compliance with which conditions, and on the execution of such contract between the United States and the State of Illinois, the Secretary of the Treasury is directed to issue and deliver said bonds in manner following, to wit: the amount of $500,000 in bonds shall be delivered upon the concluding of said contract with the State of Illinois; and whenever there shall have been expended upon said works the sum of $1,000,000, and the same shall be certified and sworn to by the chief engineer of said works, an additional sum of $500,000 in bonds, as aforesaid, shall be delivered to said State; and so on for every $1,000,000 expended upon said works and certified and verified to the Secretary of the Treasury as aforesaid, the sum of $500,000 in bonds shall be issued and delivered until the whole amount of said $5,000,000 shall have been delivered for the purposes of aiding in constructing said works as aforesaid.

Pending the reading of the substitute,

Mr. WASHBURNE, of Illinois, moved that the House adjourn.

The motion was agreed to; and the House (at ten minutes before five o'clock p. m.,) adjourned.

IN SENATE.

THURSDAY, February 2, 1865.

Prayer by Rev. B. H. NADAL, D. D.
The Journal of yesterday was read and approved.

EXECUTIVE COMMUNICATIONS.

The VICE PRESIDENT laid before the Senate a letter from the Secretary of the Interior, transmitting a communication from the Commissioner of Indian Affairs suggesting that an appropriation be made to enable his office to provide for the usual distribution of medals to leading and influential Indian chiefs; which was referred to the Committee on Indian Affairs.

that State for the term of six years from March 4, 1865; which were read, and ordered to be filed. PETITIONS AND MEMORIALS.

Mr. HOWARD presented five petitions of citizens of Michigan, praying for a grant of land to

aid in the construction of a railroad from Fort Wayne, Indiana, to Jonesville, Michigan, and that the time for building the Amboy, Lansing, and Traverse Bay railroad may be extended; which were referred to the Committee on Public Lands.

Mr. LANE, of Kansas, presented the petition of the chiefs and counselors of the Wyandott tribe of Indians, praying to be relieved from the payment of taxes assessed on their lands by the authorities of Kansas for the two years between the date of the patents and the organization of a State government over the Territory where they reside; which was referred to the Committee on Indian Affairs.

BILLS INTRODUCED.

Mr. TRUMBULL asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 424) to facilitate the collection of certain debts due the United States; which was read twice by its title, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. HOWARD asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 425) to revive for a certain time the provisions of the act of 1846 relative to suspended entries of public lands; which was read twice by its title, referred to the Committee on Public Lands, and ordered to be printed.

SMITHSONIAN INSTITUTION FIRE.

Mr. FOOT. I offer a concurrent resolution, and, presuming that there will be no objection from any quarter, I ask for its present consideration.

The resolution was considered by unanimous consent, and agreed to, as follows:

Resolved by the Senate, (the House of Representatives concurring,) That the Committee on Public Buildings and Grounds of the Senate, conjointly with the Committee on Public Buildings and Grounds of the House, be, and they are hereby, directed to inquire into the origin of the fire by which the Smithsonian Institution building and the valuable deposits therein were, on Tuesday, the 24th day of January, in whole or in part destroyed; the approximate loss to the Government and to private persons; the means ne. cessary to preserve the remaining portions of said building and its contents from further injury; and such other facts in connection therewith as may be of public interest, and to report by bill or otherwise.

QUOTA OF RHODE ISLAND.

Mr. ANTHONY submitted the following resolution; which was considered by unanimous consent, and agreed to:

Resolved, That the Secretary of War be requested to furnish to the Senate copies of any correspondence that may have passed between officers of the Department and the authorities of Rhode Island relative to the quota of that State under the "Act for enrolling and calling out the national forces," and the acts in amendment thereto; also any reports and other papers in the Department relating to the subject.

TRIAL OF COLONEL NORTII. Mr. WILSON. I submit the following resolution:

Resolved, That the Secretary of War be directed to communicate to the Senate the record of the proceedings of the court before whom Colonel North, a commissioner from the State of New York in relation to the taking the votes of the soldiers from that State, was tried on charges of irregularity and improper conduct in reference thereto. Mr. HALE. I do not interpose any objection to the consideration of the resolution, but I think we ought to have some policy in regard to these matters. Years ago the Senate used to refuse invariably to order these records before it. Subse

THE INDIAN TERRITORY.

Mr. LANE, of Kansas. I submit this resolution, and ask for its present consideration:

Resolved, That the Committee on Territories be instructed to inquire as to the policy of organizing a territorial government for the country lying between Kansas and Texas, known as the Indian country, and to report by bill or otherwise.

Mr. DOOLITTLE. Ithink that resolution had better lie over.

The VICE PRESIDENT. The resolution will go over under the rules.

REPORTS OF COMMITTEES.

Mr. SHERMAN, from the Committee on Finance, to whom was referred a bill (S. No. 403) to amend the act entitled "An act to encourage immigration," approved July 4, 1864, and the act entitled "An act to regulate the carriage of passengers in steamships and other vessels,' approved March 3, 1855, and for other purposes, reported it with amendments.

Mr. CLARK, from the Committee on Claims, to whom was referred the bill (H. R. No. 161) for the relief of Josiah O. Armes, reported it without amendment, and submitted a report, which was ordered to be printed.

Mr.POMEROY,from the Committee on Claims, to whom was referred a bill (S. No. 70) to enable the accounting officers of the Treasury to settle the claim of the State of Kansas, reported it without amendment, and submitted a report, which was ordered to be printed.

Mr. CHANDLER, from the Committee on Commerce, to whom was referred a bill (S. No. 355) to amend an act to regulate the admeasurement of tonnage of ships and vessels of the United States, passed May 6, 1864, asked to be discharged from its further consideration; which was agreed to.

Mr. HARLAN, from the Committee on Public Lands, to whom was referred a bill (S. No. 295) making additional grant of lands to the State of Minnesota, in alternate sections, to aid in the construction of a railroad in said State, reported it with amendments.

Mr. DOOLITTLE, from the Committee on Indian Affairs, to whom was referred a joint resolution (S. R. No. 85) authorizing the Secretary of the Treasury to issue certain bonds to the Secretary of the Interior, for feeding the refugee Indians, reported it with amendments.

MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by Mr. MCPHERSON, its Clerk, announced that the House had passed a bill (H. R. No. 126) to construct a ship-canal around the falls of Niag

ara.

ENROLLED BILL SIGNED.

The message also announced that the Speaker of the House of Representatives had signed the enrolled joint resolution (H. R. No. 142) tendering the thanks of Congress to Major General Philip H. Sheridan and the officers and men under his command; and it was thereupon signed by the Vice President.

ORDER OF BUSINESS.

Mr. SUMNER. I ask the Senate to take up the resolution calling on the President for information about peace commissioners which I offered the day before yesterday, and to which the Senator from Maryland [Mr. JOHNSON] proposed an amendment. I wish to have it acted on now. We ought to have the information at once.

Mr. TRUMBULL. The unfinished business of yesterday was a joint resolution from the House of Representatives relating to the canvassing of the votes for President and Vice President, and I suppose that, as unfinished business, it would be first in order; it came up in the morning yesterday, and I should object to having it displaced. The VICE PRESIDENT. It would be the

continues its usual practice of being disorderly in its business.

Mr. TRUMBULL. It would come up after

the morning business, unless superseded by some other measure?

The VICE PRESIDENT. It would.

Mr. TRUMBULL. I hope the Senator from Massachusetts will not ask to take up anything which will interfere with that matter. It ought to be settled, and settled at once.

Mr. SUMNER. I do not think this resolution of mine will take five minutes.

Mr. TRUMBULL. If it is a resolution of inquiry, and nobody objects to it, and nothing is to be said about it, of course I would have no objection to its being taken up.

Mr. SUMNER. It is simply a question between the Senator from Maryland and myself as to the form of the proposition.

Mr. TRUMBULL. Let me ask the Senator from Massachusetts if he does not intend to dis

cuss it.

Mr. SUMNER. I do not.

Mr. SHERMAN. I am inclined to think that that resolution will give rise to discussion, because there is an amendment proposed by the Senator from Maryland, which will probably lead to debate.

Mr. SUMNER. The question between the Senator from Maryland and myself is simply one of form, and my statement on that I can make in less than a minute. I will not transcend a minute, and will allow the Senator from Maryland five times that.

Mr. SHERMAN. All I desire is that I may be enabled at one o'clock to get the attention of the Senate to one or two bills from the Committee on Finance.

Mr. TRUMBULL. I must insist on the order of business.

Mr. DOOLITTLE. If the Senator from Illinois will allow me to say a single word, there are other Senators who feel as much interest in the subject alluded to as the Senator from Massachusetts or the Senator from Maryland, and desire to say something upon it. I propose to say something myself.

Mr. TRUMBULL. Then it is manifest it will lead to debate, and the Senator from Massachusetts will not persist in it, I suppose.

The VICEPRESIDENT. If there be no further morning business, the unfinished business of the morning hour of yesterday will now be taken up, being the joint resolution (H. R. No. 126) declaring certain States not entitled to representation in the Electoral College, the pending question being on the amendment proposed by the Senator from New Jersey, [Mr. TEN EYCK,] to strike out the word "Louisiana" in the preamble.

Mr. DOOLITTLE. Upon that question the honorable Senator from New York, [Mr. HARRIS,] whom I do not now see in his seat, was upon the floor when the Senate went into executive session yesterday.

incumber us at the last of the session. I do not think this bill in regard to a bridge across the Ohio ought to be made a special order. It will give rise to debate. The Senator from Kentucky can call it up at any time without making it a special order. I hope, therefore, that the Senate will not make this bill a special order, as it may interfere with important public measures.

Mr. POWELL. If it interferes with the Senator's appropriation bills I shall not urge it on that day. I know the necessity of passing the appropriation bills, and I do not wish to antagonize this measure with them.

Mr. SHERMAN. Put it off to some day next week.

Mr. POWELL. Then I will move that it be postponed to and made the special order of the day for Monday next, at one o'clock, if that will suit the Senator.

The motion was not agreed to.

REPRESENTATION IN ELECTORAL COLLEGE.

Mr. TRUMBULL. I now insist on proceed ing with the unfinished business.

state of armed rebellion on the 8th day of November, the day of the presidential election, I am not prepared to assert. On the contrary, I choose to leave that question open. I think it ought to be left open until the question as to whether or not the Senators who are now applying for admission here from the State of Louisiana shall be admitted shall be brought before the Senate. I do not like to have that question prejudged by a recital in the preamble of this resolution. I am therefore opposed to the resolution on both grounds. I think it inexpedient to pass any such resolution, and I am not prepared to assert the truth of the recitals in the preamble.

Mr. DOOLITTLE. Mr. President, I can see very clearly that there is a great distinction between Congress exercising the power of legislation by providing in advance in what manner the electoral votes of President and Vice President shall be given, and a law of Congress which, after the votes are said to have been given under existing laws, by its retroactive effect declares that certain votes are null and void. The distinction is as wide as the world; it is as wide as the east is from the west. I concede that Congress could pass a law, and I believe such a proposition was pending at the last session of Con

Mr. HARRIS. It is proper, perhaps, Mr. President, that I should say that the question as to the power of Congress to legislate in relation to the counting of votes for President and Vice President was not considered by the Committee on the Judiciary. The question there was as to the form of the resolution and as to the recitals in its preamble. Since the discussion of this question in the committee, I have been led to doubt exceedingly whether it is competent for Congress to legislate at all in reference to the counting of the votes. The Constitution authorizes Congress to fix the time for choosing electors. It also empowers Congress to specify the time when those electors shall perform the functions of their office, when they shall vote; and, so far as I can find in perusing the Constitution, that is the extent of the power of Congress over the subject. It fixes the time when the votes shall be counted, and it declares that, in the presence of both Houses of Congress, the Vice President shall open all the certificates returned-it is careful to specify that he shall open them all-and the votes shall be counted.

I cannot find in the provisions of the Constitution any authority for Congress to pass a law (for this amounts to that) excluding any votes that shall have been returned to the Vice President. I do not see how it is possible. I am not pre

BRIDGE ACROSS THE OHIO RIVER.

case

The VICE PRESIDENT. The Senator from Kentucky moves to postpone all prior orders with a view of taking up the bill indicated by him.

Mr. TRUMBULL. I hope that will not be done. The Senator from Kentucky surely knows the importance of this resolution that we have reported from the Committee on the Judiciary. Let us dispose of that. It relates to a matter that is immediately upon us.

Mr. POWELL. I only ask to take it up for the purpose of making it the special order for some future day. I do not wish to press its consideration now.

Mr. TRUMBULL. I have no objection to that. The motion to take up the bill was agreed to. Mr. POWELL. I now move that it be postponed to and made the special order of the day for to-morrow at one o'clock.

Mr. SHERMAN. Before that motion is put I desire to say that there are one or two appropriation bills that I feel it my duty to press on the attention of the Senate, so that they may not

I am clearly of opinion that even though Congress may possibly have the power, it is inexpedient for us by legislation to declare that these votes shall not be counted. I doubt the power very much; but of the inexpediency of exercising any such power, if it exists, I am very

clear.

I hope, therefore, that this resolution will not be adopted. I believe there is no necessity for it; and until an extreme necessity arises I am not in favor of exercising any such power. Whether these votes are counted or not, it is conceded the result will be the same. Why should we exercise such an extreme power as this, one so doubtful, as it must be conceded to be, to declare in an act of the national Legislature that the votes of a certain number of States shall not be counted? The power is not to be found in the Constitution, I am sure.

But, sir, if the Senate shall be of opinion that such a law as this is called for, then I am opposed to the recitals in the preamble to this resolution, It seems to me that these recitals are not strictly

true.

At any rate, I am not prepared to assert that they are true. It is true that the States specified did rebel; the first part of the recital is true; but that the inhabitants of those States and the local authorities of all of those States were in a

for Vice President; but no such law was enacted. The laws as they existed were permitted to stand; and now, after it is said votes have been given, for Congress to assume to declare that those votes are null and void, and shall not be counted, is altogether a different thing; and the point which was taken by my colleague when this question was up yesterday I think is fatal in that view of

the case.

But, sir, I have very serious doubts whether Congress is clothed with any power over the subject of the counting of these electoral votes. The Constitution prescribes what powers Congress shall have:

"The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States." In pursuance of that provision of the Constitution, Congress have passed an act on the subject, in the following words

Mr. JOHNSON. What is the date of the act? Mr. DOOLITTLE. January 23, 1845:

"Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the electors of President and Vice President shall be appointed in each State on the Tuesday next after the first Monday in the month of November of the year in which they are to be appointed: Provided, That each State may by law provide for the filling of any vacancy or vacancies which may occur in its College of Electors when such college incets to give its electoral vote: And provided also, When any State shall have held an election for the purpose of choosing electors, and shall fail to make a choice on the day aforesaid, then the electors may be appointed on a subsequent day in such manner as the State shall by law pro

vide."

Here by this act of January 23, 1845, Congress did exercise the power with which it is clothed choosing the electors and the day on which they under the Constitution of determining the time of shall give their votes, which day, by the Constitution, must be the same throughout the whole United States.

this subject? The provision as it now stands is What is the provision of the Constitution on

contained in the twelfth article of the Amendments to the Constitution, and is in these words:

"The electors shall meet in their respective States and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves: they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certity, and transmit sealed to the seat of the Government of the United States, directed to the President of the Senate."

The Constitution provides for all that, for the giving of the votes, for the counting of the votes, the sealing up of the votes, and the transmission of the votes into the hands of the President of the Senate. Then what is to be done with them? It does not say that Congress shall have anything to do with them, that Congress shall say what votes the President of the Senate shall count or shall not count, that Congress shall have any power to annul any one of these votes that are sealed up and sent