1877. CONGRESSIONAL RECORD-HOUSE. 1289 Therefore we do not reduce the number of officers in any sense.

This police board was intended to be composed of the best citizens of this District. Their compensation is limited by law to $'250 per annum.

Mr. MERRIMON. May I ask my friend a question f :Mr. ALLISON. Yes, sir. Mr. MERRIMON. Is it not manifest, takin~ what he says to be

true so far as the principle goes, that the pollee ought ~o be under the direction and control of the power that makes the ordinances for and rules the cityf

Mr. ALLISON. Congress thought very differently when they es­tablished the board of police, because they expressly provided that it should be independent of the control ?f the city authorities of ~he District and I can see no reason why this board, under the author1ty given by statute, cannot enforce the ordinances of the city. They have authority to do so. . . .

I care nothin<Y about this matter, but 1t seems to me that if we are ever to have a g~vern~ent here different .from the on~ w~ now haye we had better revise It all at the same time. The District comiDIS­sioners when they were established by law were intended to oe tem­porary. In the very terms of the law creating that orga~ization it was provided that it should be temporary; bb.t that law still stands, and the Senator from Maryland and other Senators have been en­ga<Yed in provid.inO' a permanent form of government for this Dis­tri~t. Now let us permit these different boards to exist until some established form of government is provided for by law.

The PRESIDENT pro ternpore. The question is on the passage of the bill notwithstanding the objections of the President of the United States, on which the yeas and nays will be called.

The vote being taken by yeas and nays, resulted-yeas 33, nays 22; as follows:

YEAS-Messrs . .Alcorn, Barnum, Blaine, Bogy, Booth, Chaffee, Cockrell, Cooper, Davis Dawes, Dennis, E aton, Goldthwaite, Hamilt on, Hamlin Hereford, Johns­ton Jones of Florida, Jones of Nevada, Kelly, Kernan, :McBreery, McDonald, Ma.~ey :Merrimon, Norwood, Robertson, Stevenson, Teller, Wadleigh, Wallace, Whyte', and Withers-33.

NAYS-Messrs. ~on, Bruce, Burnside, Christi~cy, C~yton, Conkling, Con­over, Cragin, Ferry, Hitchcock, Ingalls, Log~n, :MoMi.llan, ~tchell, Paddock, Pat­terson Sargent, Sherman, Spencer, West, Wmdom, and Wngh~22.

ABSENT-Messrs. Anthony, Bailey, Bayard, Boutwell, Cameron of Pennsyl­vania, Cameron of Wisconsin, Dorsey~ Edmunds, Frelinghuysen, Gordon, Harvey, Howe, Morrill, Morton, Oglesby, Ranuolph, J.lansom, Saulsbury, Sharon, and Thur­man-20.

The PRESIDENT .P1'9 tempore. On the pas age of this bill the yeas are 33 and the nays are 22. Two-t hirds of the Senators not voting for the same, the bill is not passed.

PACIFIC RAILROAD ACTS.

Mr. WRIGHT. I ask that the Senate resume the consideration of the railroad bill.

The PRESIDENT pro tempore. The regular order is Senate bill No. 984.

Mr. CONKLING. I move that Senate proceed to the consideration of executive business.

The motion waa agreed to ; and the Senate proceeded to the con­sideration of executive business. After five minutes spent in execu­tive sess1on, the doors were re-openeo, and (at four o'clock and forty­five minutes p.m.) the Senate took a recess till ten o'clock a.m., Wednesday, February 7.

HOUSE OF REPRESENTATIVES. • THURSDAY, February 1, 1877.

(CALENDAR DAY, Februa1'"!J 6.] AFTER THE RECESS.

The recess having expired, the Honse re-assembled at ten o'clock a. m., (Tuesday, February·6.)

Mr. WADDELL. I move thattheHousetakeafurtherrecessuntil five minutes to twelve o'clock.

The motion was agreed to; and accordingly(at ten o'clock and one minute a.m.) the House took a recess until eleven o'clock and fifty­five minutes a. m.

AFTER THE RECESS.

The recess having expired, the House re-assembled at eleven o'clock and fifty-five minutes a. m.

PUBLIC PRINTING AND BINDING.

·On motion of Mr. BLOUNT, by unanimous consent, the bill (S. No. 1222) to provide for a deficiency in the appropriation for the public printing and binding for the current fiscal year was taken from the Speaker's table, read a first and second time, ordered to be printed, and referred to the Committee on Appropriations, with leave to report; ~t any time. ·

SAND-BAR AT NEWTOWN CREEK.

1\Ir. BLISS, by unanimous consent, introduced a bill (H. R. No. 4592) to provide for the removal of the sand-bar at Newtown Creek, between Brooklyn and Long Island City, in the State of New York, where it empties into the East River, so that vessels of greater tonnage may navigate said stream for the greater facility of commerce; which

was read a first and second time, referred to the Committee-on Com­merce, and ordered to be printed.

PRESBYTER.l.C'{ CONGREGATION, SAINT AUGUSTINE, FLORIDA.

Mr. FINLEY, by unanimous coment, introduced a bill (H. R. No. 4593) granting to the trustees of the Presbyterian congregation in Saint Augustine, Florida, a lot of land on which to ·erect a church building and parsonage; which was read a first and second time, re­ferred to the Committee on Public Lands, and ordered to be printed.

UNIVERSITY OF NOTRE DAME, INDIANA,

Mr. HAYMOND, by unanimous consent, introduced a bill (H. R. No. 4594) authorizing the Secretary of the Trea-sury to exempt from cus­toms duty a tabernacle and accompanying articles imported for the use of the University of Notre Dame, Indiana; which was read a first and second time, referred to the Committee of Ways and Means, and ordered to be printed.

AME:m>MENT OF THE RULES.

Mr. KNOTT. I risetosubmitaprivileged reportfrom the Commit­tee on the Judiciary. We report back, with a recommendation that it do pass, the resolution referred to us yesterday, and which I ask the Clerk to read, and upon it I aak the previous question.

The Clerk read the resolution, as follows: Resolved, That the rules of the House be, and hereby are, so amended that, pend­

ing the counting of the electoral vote and when the House is not required to be en­gaged theredb., 1t shall, on assembling each calendar day after recess and every preceding day, proceed at and after twelve o'clock m. with its business as though the legislative day had expired by adjournment.

Mr. COX. I do not object to the consideration of the resolution, but I desire to make a point of order upon it.

Mr. KNOTT. I would state that the resolution now reported is substantially similar to the one which was discussed yesterday.

Mr. COX.. I rise to a point of order. I do not antagonize the reso­lution, but I would like to state my point of order.

The SPEAKER. The gentleman will state it. Mr. COX. It is perhaps rather in the nature of a parliamentary

suggestion. The SPEAKER. The Chair would state to the gentleman from

New York [Mr. Cox] that if he desires to address the House upon the subject of this matter, the gentleman from Kentucky should yield temporarily for that purpose.

1\Ir. KNOTT. I ma-de the report with the impression that the Honse desired the earliest possible actio_n on the resolution. If it.

·does not, let the report be withdrawn.

PRAYE.R.

The SPEAKER. The hour of twelve o'clock having arrived, the Chair desires that business be suspended for a moment, and asks unanimous consent that the Chaplain be allowed to offer prayer.

No objection was made, and prayer was offered by Rev. I. L. ToWN­SEND, Chaplain of the House.

AMENDMENT OF THE RULES.

Mr. HALE. Before any debate ensues upon the resolution reported by the gentleman from Kentucky I wish to reserve points of order.

Mr. KNOTT. I withdraw the report. ?tlr. COX. I object to the withdrawal. Mr. HALE. It can be withdrawn, of course. The SPEAKER. The gentleman from Kentucky haB that right. Mr. COX. Not when the resolution is already before the House. The SPEAKER. The gentleman from Maine [Mr. HALE] rose to

a point of order to object to the reception of the report. Mr. HALE. The gentleman from Kentucky has withdrawn it, and

it is not now before the House. Mr. O'BRIEN. It was read from the Clerk's desk, and therefore

it cannot be withdrawn. . Mr. WILSON of Iowa. I understand that the chairman of the

Committee on the Judiciary reported back the resolution offered yes­terday l I thought at :first that it waa a different resolution.

The I:)PEAKER. The Chair from following the resolution under­stands that it is exactly the same resolution that was yesterday re­ferred.

Mr. WILSON, of Iowa. But it was referred to the Committee on the Judiciary for their opinion upon it.

The SPEAKER. The Chair desires to state to the gentleman from Iowa that the report has been withdrawn.

Mr. WILSON, of Iowa. Whatever report comes from the Commit­tee on the Judiciary on this question should go tiO the Committee on Rules.

The SPEAKER. The gentleman from Kentucky has withdrawn the report and it is not now before the House.

Mr. COX. I object to the withdrawal of it, and make the point of order that the report cannot be withdrawn after being brought before the House and read. · The SPEAKER. The gentleman from New York makes the point of order that the gentleman from Kentucky has no right to withdraw the report, and the Chair overrules the point of order, and refers the gentleman to the Manuel, page 32, under the heading of "Withdrawal of Motions."

Mr. COX. -- I was about 1lo make a parliamentary inquiry, whether

1290 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6,

or not an amendment of the rules does not require the consideration of the Committee on Rules. I do not want to oppose the resolution.

The SPEAKER. The understanding yesterday was that this reso­lution should be referred to the Committee on the J udiciaryto inquire touchin~ the effect it might have upon the law. The Chair therefore thinks tnat the resolution is properly before the Committee on the Judiciary now.

Mr. CLYMER. It was withdrawn, was it not f The SPEAKER. It was withdrawn. Mr. WILSON, of Iowa. All right.

DEFICIENCY APPROPRIATION Bll..L.

Mr. WALDRON. I move that the rules be suspended and that t~e House resolve itself into Committee of the Whole on the state of the Union for the purpose of considering the deficiency appropriation bill; and pendin~ that motion I move that all general debate upon the bill be closed m five minutes.

Mr. MONROE. · I understand that the bill is not yet printed. The SPEAKER. The bill is printed. . Mr. CAULFIELD. I ask the gentleman from Michigan to with­

draw his motion for a moment, so that I may make a privileged re­port which is very brief.

t Mr. WALDRON. I mnst insist upon my motion. The question was taken on the motion to close debate in five min­

utes ; and it was agreed to. The question was then taken on the motion to go into Committee

of the Whole on the state of the Union; and it was agre.!d to. The House accordingly resolved itself into Committee of the Whole

on the state of the Union, (Mr. EDEN in the chair,) and proceeded to the consideration of the bill (H. R. No. 4559) mak-ing appropriations to supply deficiencies in the appropriations for the fiscal year ending June 30, 1877, and for prior years, and for other purposes.

The CHAIRMAN. All general debate upon this bill is closed-in five minutes by order of the Honse . . . Mr. WALDRON. I desire to state briefly that this bill appropri­ates the sum of $1,417,216.46, and that the two items_ which form the bulk of this appropriation are an appropriation of $500,000 for de­ficiency in the Navy and an appropriation of 217,000 which it be­comes necessary to appropriate under the law of August last granting compensation to soldiers who have lost their limbs. That law pro­vides that every soldier who has lost a limb in the service shall be entitled once in five years to a new limb, or commotion therefor, and it becomes necessary this year to expend un~er the provisions of the law the sum of $264 000. The appropriation for this purpose is $52,000, making a. deftciency of 112,000. If any information be de­sired in regard to other items of the bill, I will endeavor to give it. I now ask that the first and formal reading of the bill be dispensed with. J Mr. WBITTHORNE. Before that motion is put, will the gentle­man from Michigan [Mr. WALDRON] allow me to ask him to explain how and in what manner this deficiency in the pay of the Navy oc­curred f

The CHAIRMAN. General debate is limited to five minutes. Mr. BLOUNT. You can get that information in the debate under

the five-minute rule. Mr. WALDRON. I will say that the estimate of the Secretary of

the Navy for t.he expenses of his Department wasfor $7,300,000, and the amount appropriated was $5,750,000, being less by $1,550,000 than the amount aaked by the Secretary. In lieu of that the Committee on Appropriations have been willing to allow a deficiency of but $500,000, which in their opinion is the largest amount which should be given.

Mr. WHITTHORNE. I did not hear fully the explanation made by the gentleman from Michigan, [Mr. WALDRON,] and I do not suppose 1 bat any one near me heard it, on account of the confusion in the Hall.

The CHAIRMAN. The gentleman from Michigan will suspend until order is obtained. [After a pause.) The gentleman from Michigan will now proceed. . . Mr. WALDRON. In reply to the inquiry of the gentleman from Tennessee [Mr. WmTTHORNE] I stated that the estimate of the Sec­retary of the Navy for the expenses of the current fiscal year, sub­mitted at the last session of Congress, was 7,300,000, and the amount appropriated at the last session was $5,750,000. In other words Con­gress at its last session appropriated 1,550,000 less than the amount asked for by the Secret.ary of the Navy. The Secretary of the Navy now asks to have incorporated in this deficiency an appropriation of

1,550,000, and the Committee on Appropriations have inserted an appropriation of $500,000, which in their judgment is the proper amount to be appropriated. ·. Mr. WffiTTHORNE. I think the gentleman from Michigan [Mr. WALDRON] did not fully understand my question. I want to know for what particular account or what particular deficiency this $500,-000 is to be used.

Mr. WALDRON. The deficiency is in the item of pay for the Navy. Mr. HALE. I rise to a question of order. The CHAIRMAN. The gentleman will state it. Mr. HALE. As we are proceeding under the five-minute rule, the

time for general debate having been exhanated, I would inquire if there is any amendment pending before the committee f

The CHAmMAN. No amendment is pending. Mr. BLOUNT. The gentleman from Tennessee [Mr. WHITTHORNE)

was making an inquiry of the gentleman from Michigan, [Mr. WAL­DRON.]

Mr. HALE. That is why I wish to have the business conducted in a proper manner. Of course any gentleman can discuss this bill for five minutes upon an amendment.

The CHAIRMAN. The question reallybefore the committee is the request of the gentleman from Michigan [Mr. WALDRON] that the first and formal reading of the bill in Committee of the Whole be dispensed with, and that it be read by paragraphs for amendment. If there be no objection that will be the order. .

There was no objection. The Clerk proceeded to read the bill by paragraphs for amendment,

and read the following: NAVY DEPARTMENT,

For pay of officers and men of the Navy, being a deficiency for the fiscal year 1877, esoo,ooo.

Mr. WHITTHORNE. I move to substitute for the paragraph just read that which I send to the Clerk's desk.

The Clerk read the milo wing: That the accounting officers of the Trea.suey be, and they are hereby, authorized

and directed to adjust and settle the accounts of the officers of the Navy on the adive list whose pay has been affected by the general order of the Secretary of the Navy No. 216, since the 1st day of September, 1876, on the basis of waiting-orders

· pay; and such sum as may be necessary to make up the difference between the fur. Iough and waiting-orders pay of such officers is hereby appropriated for that pur­pose out of any moneys in the Treasury not otherwise appropriated.

That section 1442 of the Revised Statutes of the United States be, and the same is hereby, repealed.

That no officer of the Navy shall be placed on furlough, except at his own request or by sentence of court-martial; and all laws and parts of laws inconsistent with this act are hereby repealed.

Mr. HOLMAN. I raise the point of order upon that amendment that it proposes to change existing law and is not in the interest of economy.

Mr. HALE. I hope the chairman of the Committee on Appropria­tions [Mr. HOLMAN] will not insist upon that point of order. This amendment is evidently in the right direction, and has been fully considered by the Committee on Appropriations.

1\Ir. HOLMAN. I must insist upon my point of order. Mr. WHITTHORNE. I think if I had time to argue with my friend

from Indiana [Mr. HOLMAN] I could show him that his point of order is not well taken. .

The CHA.Im!AN. The Chair will hear the gentleman on the point of order.

Mr. WHITTHORNE. If I understand it, the point of order made by the gentleman is that this proposed amendment changes existing law. In the opinion of the Committee on Naval Affairs the amend­ment which I have submitted is in harmony with -the existing law of the land, and the Secretary of the Navy, when he issued his order No. 216, transcended the existing law of the land. The object of this amendment is to put the pay of the Navy back in harmony with its usages, in harmony with the customs prevailing therein, and in har­mony·with the law of the land as it existed at the time of the passage of the appropriation bill of the last session.

To be sure there is upon the-face of the amendment apparently a change or repeal of section 1542 of the Revised Statutes. But in my opinion at lea-st, and also in the opinion of other members of the Committee on Naval Affairs, that section of the Revised Statutes was in violation of the then law of the land, and ought never to have been included in the Revised Statutes; it was not a part of the law of the land at the time. ·

Mr. CLYMER. I would suggest to the gentleman that the point of order is not only that the amendment changes existing law, but that it is not in the interest of economy. I wo old like to hear the gentleman on that point.

Mr. BLOUNT. Bythepermissionofthegentleman from Tennessee [1\Ir. WmTIHORNE] I would say that I hope my friend from Penn­sylvania (:Mr. CLYMER]--

Mr. CLYMER. I wish to hear the opinion of the gentleman :from Tennessee upon the point of economy.

Mr. WHITTHORNE. Upon that point I have to say that ifl as a matter of right, as a matter of justice, as a matter of equity, th1s pay is due the servants of the Republic, the servants o\ the Government, then it resolves its-elf simply into a question of postponing thatj:ostice and that equity. I cannot now go into the argument whether this is justly due or not to these servants of the Republic. But whether we pass it to-day or not, the time will come when this Government will be just to its officers and to its agents who, by a strange construction of the law, by a revival of what wa-s obsolete, have beeusobjected to what amounts to a disgrace to those officers of the Navy who are affected by the General Orders No. 216 of the Secretary of the Navy.

It is not a question of economy; it is at this moment a question of duty. The question of economy does not enter into consideration at all. I trust the Chair will overrule the point of order. ·

The CHAIRMAN. The point of order is that the amendment pro­poses a change of existing law and is not in the interest of economy. The rule, as the Chair understands, which has been observed hereto­fore is that, unless the Chair can see from the provisions of the pro­posed change of law that it is in the interest of economy, the point

1877. CONGRESSIONAL RECORD-HOUSE. 1291 of order must be sustained. This amendment proposes to repeal a section of the Revised Statutes, and it also provides that no furlough shall be granted to a naval officer except at his own request. Now, as these provisions certainly change the existing law and as it is im­possible for the Chair to see that the proposed amendment is in the interest of economy, the Chair holds that the point of order is well taken.

Mr. WHITTHORNE. Very well, then; by permission of the Chair, I will withdraw so much of the amendment as is embraced in sections 2 and 3; and the remainder of the proposition I submit as an amendment.

Mr. HALE. The gentleman clearly has the right to modify his amendment.

The CHAIRMAN. The amendment will be reported as now pro­posed.

The Clerk read as follows: That the a.ccountinrr officers of the Treasnry be. and they are hereby, authorized

and directed to adjust and settle the accounts of the officers of the Navy on the a{ltive list whose pay has been affected by the general order of the Secretary of the Navy, No. 216, since the 1st day of September, 1876, on the basis of waiting­orders pay; and such sum as may be necessary to make up the difference between the fnrlough and waiting·orders pay of such officers is hereby appropriat~d for that purpose out of any moneys in the Trea.snry not otherwise appropriated.

Mr. WHITTHORNE. I yield to the gentleman b.·om Massachu­setts, [Mr. HARRis.]

Mr. HARRIS, of Massachusetts. Mr. Chairman--Mr. HOLMAN. I wish to insist on the point of order against this

amendment. Mr .. HARRIS, of Massachusetts. I address myself to the point of

order. It is claimed t.hat this is a change of existing law. Now, Mr. Chairman, by order No. 216, issued last year in consequence of the deficiency of the appropriation, the Secretary of the Navy was obliged to put upon furlough many officers of theN avy on the lowest possible pay. Those officers are now entitled to waiting-orders pay. In the appropriation of last year there is a deficiency of the amount neces­sary to give these officers waiting-orders pay; and the amendment which is now offered is designed to supply that deficiency. That is its scope; nothing more. These officers are entitled by law to the pay provided for in this amendment; and I think it cannot be prop­erly said to be a change of existing law.

Mr. BLOUNT. It will be observed that ih this bill we propose to appropriate $500,000 aB a deficiency for the Navy Department, and with the amount already appropriated for the current year, I think gentlemen ought to be satisfied that this will be enough to cover the whole deficiency, furlough pay and all; so that it does not make any difference whether the point of order is sustained or not.

Mr. WHITTHORNE. The point of order comes too late anyhow. The Chair had recognized me.

Mr. HOLMAN. I have pressed the point of order from the begin­ning against this proposition.

The CHAIRMAN. After the point of order of the gentleman from Indiana had been sustained the amendment wa.a moditied by the gen­tleman from Tennessee.

.Mr. HOLMAN. I then renewed my point of order.

.Mr. WHITTHORNE. I was upon the floor, bad been recognized by you, Mr. Chairman, and it was too late to raise the point of order.

The CHAIRMAN. What is the point of order of the gentleman from Indiana upon the amendment as modified f

Mr. HOLMAN. That this is in fact a change of existing law and is not a measure of retrenchment.

Mr. SPRINGER. I would like to speak to the point of order. Mr. WHITTHORNE. The point of order comes too late, I insist. Mr. SPRINGER. Is the point of order entertained as being in timet Mr. HOLMAN. I made it, Mr. Chairman, at the very instant that

ibis modification was read. . Mr. WHITTHORNE. I was upon the floor and the gentleman from

Indiana could not obtain the floor to make the point of order. Mr. MILLS. Mr. Chairman--The CHAIRMAN. For what purpose does the gentleman from

Texas [Mr. MrLLsJ rise f Mr. MILLS. I nse for the purpose of discussing the question before

the Chair. The CHAIRMAN. The question is upon the point of order raised

by the gentleman from Indiana. .Mr. MILLS. I trust that the gentleman from Indiana will with­

draw his point of order and permit this amendment to be voted upon. At the last session it was charged upon the party which the gentle­man from Indiana had the honor to lead in this Honse that they were cutting down the appropriations to such an extent that the officers of the Government could not be supported. He repelled that charge then made against his party. The law which was then reported and passed by the party which he led, and of which I am an humble member, has in its execution been so administered by the head of the Navy De­partment that officers of the Navy have been deprived of the enjoy­ment of the salaries intended to be awarded to them under the law. It is our duty as a party to see that these officers do not suffer, whether this arises from a misconstruction of the law or otherwise. That question it is not in our months to discuss. It is our duty to see that an appropriation is made to pay the officers of the Navy.

The CHAIRMAN. The Chair is still willing to hear gentlemen on the point of order. ·

Mr. WHITTHORNE. I insist the point of order was not made in time-that it came too late.

The CHAIRMAN. The Chair holds the point of order made by the gentleman from Indiana was made in time, as the amendment had just been read and no debate had taken place.

Mr. SPRINGER. I wish to say a word in regard t,o the point of order. I do not understand, Mr. Chairman, this is a change of exist­ing law. It is a change of an order issued by one of the Departments. of the Government, a change in the construction that officer put upon an act of Congress and not any change of what was intended when the law was passed by the two Houses of Congress. The amendment of the gentleman from Tennessee simply proposes to construe the act of Congress in accordance with what was the intention of this House when the law was passed at the last session. It is this and nothing more.

Mr. HALE. I wish the gentleman from Illinois would tell the • committee where the head of the Navy Department made this mis­application of the law. I understand the gentleman to state that the head of the Navy Department made a misapplication of the law or rather perverted the meaning of Congress in the official order to which reference is made. I wish he would tell the House in what that mis­application consists.

The CHAIRMAN. The only question before the committee is the point of order.

Mr. HALE. I refer to astatementmadebythe gentlemanfrom Illi­nois in discussing the point of order a.a to the perversion of the in­tention of Congress in the order issued by the Secretary of theN avy. If my question is not answered now, I hope it will be before this de­bate is ended. I want the gentleman to state where the misapplica­tion of law is.

Mr. SPRINGER. The gentleman from Tennessee is much more fa­miliar with this whole subject than I am, and I have no doubt he will make a full statement of the case when the amendment comes up for argument.

The CHAIRMAN. It is not in order now to discuss that point, as the only question before the Honse is the point of order raised by the gentleman from Indiana. In the judgment of the Chair, the amendment moved by the gentleman from Tennessee does not pro­pose to repeal any law but merely to supply a deficiency of appro­priation under the law as it now exists, and he therefore holds the amendment to be in order.

Mr. WHITTHORNE. Have I the floorf The CHAIRMAN. The gentleman is entitled to the floor for five

minutes in favor of his amendment. Mr. WHITTHORNE. Mr. Chairman, at the proper time I will

most likely, unless anqther gentleman should do so, move to reduce the amount named here, but for the present-

Mr. BLOUNT. What does the gentleman propose f Mr. WHITTHORNE. I propose to reduce this sum, but I do not

say how much. But for the present I will consider the merits of the proposition

submitted by myself, and have to remark to gentleman on this floor that it has the unanimous approval of the Committee on Naval Affairs .

But I do not propose now to enter into the discussion of the pro­priety of this amendment in any partisan point of view. I have sim­ply to state, Mr. Chairman, that I believe the House of Representa­tives at its last session was misled in passing the appropriation bill by the term made use of 4

' waiting-orders pay." In the uneducated mind probably of the House or of the country, the belief was that · furlough pay and leave pay were one and the same thing.

Mr. BLOUNT. I hope the gentleman does not mean to say we did not know better than that.

Mr. WHITTHORNE. If the gentleman pushes me to the waU I will state that I believe the gehtleman n·om Georgia himself did not know better, because I so apprehended from the remarks he made at the time, and the table which he submitted to the Honse.

Mr. ·BLOUNT. I have no objection of course to the gentleman's estimate of my remarks, but we did know at that time what we in-tended to do. •

Mr. WHITTHORNE. By reference to the gentleman's remarks at that time and the table he submitted, it will be seen by the House, as it is seen by the country, that table did not include furlough pay; and according to the con;unon accepation of the term, furlough pay and leave pay would be regarded as the same. But what is furlough pay 7 Furlough pay in the Navy has been regarded as a badge of disgrace and a puuishment. The House of Representatives at its last session did not mean, therefore, to put into the hands of the Secretary of the Navy the power to degrade and punish at his will the entire Navy, for so he could do if his construction of the section of the law 1542 was correct. He could put every officer of the Navy upon furlough pay.

Mr. HALE. Let me ask the ·gentleman a question. 1\Ir. WHITTHORNE. Certainly. Mr. HALE. What does he suppose the Secretary of the Navy

would be obliged to do, if Congress should so vote to give him only $1,000,000 for the pay of the Navy f What does he suppose the Sec­retary of the Navy would be obliged to do but put the officers upon the smallest pay duty he could fuid t

Mr. WHITTHORNE. The Secretary of the Navy ought to make in

1292 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6,

:hat case the distribution of his pay just andequalamongtheofficers 3f the Navy.

Mr. HALE. Would not it result in nine-tenths of them going on the lowest pay Y

.1\Ir. WHITTHORNE. If the Secretary of the Navy had intended to be just iu that regard he would have been to all the officers of the Navy and pay them as far as the pay authorized by Congress would go, and would then have come and made a clear statement to Con­gress.

Mr. HALE. Presented a deficiency. Mr. WHITTHORNE. But, sir, look at this question-that of fur­

lough pay-for one moment, how unjust it is. I have in my mind's eye now a warrant officer of theN a vy whose leave pay would be 700 a year and whose furlough pay is $350. I take another officer, a com­missioned officer of the Navy, whose furlough pay is but $1,000. That is insufficient to pay either one of them, and I protest for and on be­half of Congress that they did not mean this injustice to the officers of the Navy. ·

[Here the hammer fell.] Mr. HALE. I am very glad that this question has come up just as

as it haa right here. The gentleman from Tennessee has got a gar­ment or a coverlet which if he pulls it up over his shoulders will be short at his feet and if he pulls it down over his feet will be short at his shoulders. And that is all there is about this pay for the Navy.

Last year this House insisted, against the protest of the Secretary of the Navy and against a motion made on this floor by myself, on curtailing the pay of the Navy much below what the Secretary wanted. The result of that was that the Secretary had to put many officers on the very lowest or furlough pay; and it was announced be­forehand that if the small appropriation passed such would be the result. Now, at the end of the year or nearly at its end, gentlemen, finding that the result of this was to pinch meritorious officers and re­duce them to a pay that was a grievous hardship to them, come in and, insteadofboldlytakingtheresponsibility,asthisHouseoughttodo,put it on the head of the Department. And the gentleman from Tennessee, the chairman of the Committee on Naval Affairs, says that the Secre­tary ought to have gone on and paid these officers what they were en­titled to under the higher rates, and when the money was exhausted to have come to Congress with a bold f-ront; that is to say, that he should have spent in nine months the money we gave him for a year, and come here for a deficiency. He has been obliged to come here as it is with a deficiency bill. And what is the reception it gets He asks for seventeen hundred and odd thousand dollars to meet the de­ficiency of last year, making a bold front of it, as the gentleman from Tennessee says, and the committee has cut him down here in this bill to $500,000 ; not giving him what he asks. And still gentlemen com­plain of him because naval officers, with families, are reduced to a mere sustenance, and hardly that.

·Why, sir, there is but one remedy in this matter, and that is to give fair, liberal appropriations. I tell the gentleman from Tennessee that not only the present Secretary of the Navy, but anyfuture Secretary, if he attempts to conform to the bill as reported in this House last year or if he attempts to conform to any such bill as that reported this year, must take this scale of graduated pay of naval officers which I hold ~ my hand, and must bring scores of men from shore­duty, and leave, and waiting-orders to furlough pay. ·

When the gentleman from Tennessee says that anybody did not understand the distinction between shore or leave and waiting-orders and furlough pay, he makes a proposition as absurd as if he had said that members of this House do not know the difference between pay and mileage. Why, sir, this is a thing running all through the life of naval officers, and everybody who has an interest in a naval officer knows that his pay may be cut down to a third or a quarter of his sea pay, by assigning him to spee-ial duty; and you oblige the Secre­t..uy of the Navy to assign him to that duty when you curtail his funds. He cannot make the garment if you do not give him the cloth. There is not an ounce, an iota of blame resting upon the Sec­retary of the Navy. The blame is right here, and will be still greater if we cut down the appropriations after the fashion we have been doing. •

[Here the hammer fell.] The CHAIRMAN. Debate on the pending amendment is exhausted. Mr. BLOUNT. I move to strike out the last word. There are quite a number of matters that have been brought up

here, and I regret very much that I cannot ~o over them in the short time that is allotted to me under the :five-mmute rule.

Mr. DANFORD. I rise to an inquiry. Has the point of order been disposed of that was raised against the amendment Y

The CHAIRMAN. It :has. The point of order has been overruled. Mr. BLOUNT. Mr. Chairman, the honorable gentleman from Maine

who haa just taken his seat has referred to the fact that the Secretary of the Navy has asked for a deficiency of $1,500,000 for the :fiscal year 1877, and that it is made up by taking the amount appropriated from the amount of his estimate. But let me say here that in the Book of Estimates he makes for the pay of the Navy the large estimate of $7,300,000, while the amount we had appropriated was $5,750,000.

Now, sir, I am becoming impatient with this lack of candor on the part of an officer standing at the head of a Department. I hold in my hand a table, which I now present, showing the actual expendi-

tnre for the pay of the Navy, made up at the Treasury Department by the Register of that Department. It is~ follows:

Statement of tke pay of tke Navy from June 30, 1868, to June 30, 1876, in-clusive •

.Tune 30, 1868, to .Tuly 1, 1869. ••••••o••••••o•oo ••••o•oooooooo•• o•••• ea. 529,568 37

.Tune 30, 1869, to .Tuly l, 18700 ooooooooooo••oo••o•o•oo•oo •••• 0 oooo.-. 6,411,576 90

.Tune 30, 1870, to .Tuly 1, 18710 o•• •••••••• o •• o o••· •• o oo• •••• •o• o ••• •• 7, 061, 410 44

.Tune 30, 1871, to July 1, 1872. o•• •• ••oo o o o•••o. o •• 00 ••••• 0 o 00 0 •••••• 7, 674,359 14

.Tune 30, 1872, oo .Tuly 1, 1873. o••···· 0 ••• o••··· •••• 0 ••••• o••• •• 0 •• •• 6, 031, 038 09

.Tune 30, 1873, to .Tuly 1, 1874 ••••• 0 000000 •o•oo• ••o••• ••oo• oo•••ooo•• 7, 4!J9, 628 00

.Tune 30, 1874, to .Tuly 1, l875.oo 000 •• o 0 .o oooo o• ooooo• oooooo 0 0 0.0 0 0 •• 6, 445,001 91

.rune 30, 1875, to .r uly 1, 1876 ••••••. 0 ••. 0 o. 0 •• 0 0 0 •• 0 •• o 0 0 •• 0 0 o •. 0 • 0. 6, 233, 365 73 A true abstract from the records in the office of the Register of the Treasnry •

.TOH.N ALLISON, JUgister.

During the whole of these last eight years, up to the end of the last fiscal year, making an average, the total amount has never reached $7,000,000, and this officer makes this statement in face of the fact that the appropriation which he had in his hands when he came to the head of that Department was based on a law allowing the enlistment of 15,000 men in the Navy, and when 13,000 men were enlisted and sent off upon cruises and therefore their pay was post­poned for two or three years; he makes it also in face of the fact that during onr troubles with Spain fifteen hundred additional men were enlisted in the Navy, but there was not an average in the pay of the Navy during all the~e years of $7,000,0IJO.

There are now only sixty-three hundred enlisted men. What can this mean f I think I understand it, and will state it

directly. The gentleman from Maine [Mr. HALE] says that we were forewarned by the Sem·etary of the Navy that there would be this deficiency if we did not appropriate the money that he called for in his estimate. Now, I am here to deny that absolutely. I cannot of course state what may have occurred privately between the gentle­man from Maine and the Secretary of the Navy, but I do know that he did state without qualification that $6,250,000 was ample for the pay of the Navy. And here I have a statement made by the chair­man of the Committee on Naval Affairs, and made from the Navy Register, showing the actual expenditure for the year ending June 30, 1876, for the pay of the Navy, and that amount is $6,300,000. I submit that table: Line officers, active list, (776) .•• o o•· 000 0000 o o •o o. 00 •• o 00-0 oo •o···· 0 ooo •• $1, 902, 500 Staff officers, active list, (592) .••••• o •••• o 0 oo o •••••••• oo•. o. 0 o oo• •• ••o••· 1, 562, 600 Line officers, retired list, ( 109) ••• 0 0 ••••• o ••• 0. o o ••• o 0 0 0 ••• 0 •• 0 0 ••••• 0... 333, S'l-5 Staff officers, retired list, (135) •••••••••• o •••••• o ••••• o. o o ••• o •• o •• 0..... 224, 030

---Total pay of commissioned officers o. 0 •• o o. o o o • o. o •••• o 0 ••••• 0 ••• 0. 4, 022, 955

Warrant officers, adive list, (212)o•••oo•o •••••• ooo·•· 0 ••••o•••oooo •••• o. Warrant officers, retired list, (28). 0 ••• o o o o o o o •••• o •• o o ••• o •• o •••• 0. 0 0 ••• Cadet midshipmen and engineers, (317) 0. 0 ••• o. o ••• 0 0. o o. 0 ••••• 0. o ••• 0 0. 0 Mates, (50). 000 o••• o•o• o•o··· •••••• oooo•••oo• oo•··· ··o··· oo•··· o•oo•• ••••

Total 0 ••••• o ooooo •• o ••••• ooo•o• ooo••• •••••• ooo• •o••···•o•••o•oo•••

270, 600 28,650

158,500 18, 000

475,750

Estimated for officers volunteer navy .• o o •••••••• o o o o ••••• o ••••••••.••• 0 40, 000 Estimated for petty officers and seamen, (7, 500,) at an average of $20 per

man .•.• o. o·· ••• o•o• •o o••· •• ooooo• ·-···· .oo··· •o• •o ••••••• •o•oo• •oo• o• 1, 800,000

Total pay •••••••• 0. 0 •••• 0 0 •••••••••• o. o • o ••••••• o o •• o • o o o • • • • • • • • • 6, 339, 105

[Here the hammer fell.] Mr. CLYMER obtained the floor and yielded his time to Mr. BLOUNT. Mr. BLOUNT. The estimates of the Secretary of the Navy do not

harmonize with each other, and when the Secretary of theN avy said to the committee that 6,250,000 was ample for the pay of the Navy he said it bearing in mind and in face of the fact that the number of men in the Navy has been .reduced one thousand in number.

Now, furthermore, in reference to this pay la.w. Some men have been put on "waiting orders" and some on" furlough pay." He stated distinctly to the committee when he was asked whether put­ting an officer on" furlough pay" waa regarded as punishment, that it wa-s not. I then asked if it was not true that this amount of the pay of the Navy could not be further reduced, and was informed with earnestness, yes, 1,000,000.

Mr. WHITTHORNE. That, I understand, was the statement of the Secretary. of the Navy.

Mr. BLOUNT. That was his attitude then, andihave been aston­ished in the face of these facts to find that as soon as Congress adjourned the Secretary of the Navy should issue an order placing these men on furlough pay and throwing scorn and contempt on the democratic party in that they had caused that necessity. I hurl the charge back upon him with scorn and contempt for his lack of candor toward the House of Representatives of the United States. This proceeding on his part took place just before the election and it came heavily upon the officers of the Navy. The Admiral and some of the best officers of the Navy were placed on furlough pay.

Furthermore, sir, I think we are correct in another item. On ref­erence to the pay of several officers of the naval service, there has been a very great abuse, probably which any administration might be liable to make. Why, sir, think of it. Notwithstanding our corps of professors at theN a val Academy at Annapolis, there are sixty-two other officers of the Navy employed at the Academy, now on shore pay, pro­fessedly to teach the boys; and when the Naval Academy bill comes here you will :find that you provide them with few professors and

1877. CONGRESSIONAL RECOUD-HOUSE. 1293 make a beautiful show of economy, but when you pull the curtain you will find that there are sixty-two officers at the Naval Academy as­signed to duty there as professors. And so it is in reference to vari­ous other points. I believe that if the Navy was honestly adminis­tered we could get along, without paying any officer furlough pay, at an expense of $5,750,000, and I would never have consented to this deficiency bill being reported from the committee of which I have t.he honorto beamemberbutforthefactthat I could notfind the Ad­ministration in harmony with us in regard to it. The number of vessels in the Navy has been increased, while they promised that there should be a decrease of the number of vessels in commission.

[Here the hammer fell.] Mr. SPRINGER. I renewed the amendment. I stated when speak­

ing to the point of order that the Secretary of the Navy had miscon­strued the act of Congress. If members will refer to the bill of last session making appropriation for the naval service, which is found on page 65 of the session laws of last session, they will find that the words of the statute making appropriations for the pay of the naval officers are as follows :

For J)a.y of commissioned and warrant officers at sea, on shore, on special service, and of those on the retired list and unemployed, and for the actual expenses of officers traveling under orders, and for pay of th& petty officers, seamen, ordinary seamen, landsmen, and boys, including men of the engineers' force, and for the Coast Survey service, seven thousand :live hundred men, $5,750,000.

Now, here is an appropriation for the pay of the salaries of the naval officers according to the then existing law. A specific sum is appropriated for that purpose. It is plain to every one, that if the salaries appropriated by law should require a greater sum than is ap­propriated in the statute, all the Secretary of the Navy had to do would be to continue to pay the salaries provided by the general law until the appropriation was exhausted; and especially as there was another session of Congress to intervene before the expiration of the fiscal year. It wa~ therefore his duty to do that and report to the Honse that the amount app11opriated for the pay of the officers of the Navy wa.a not sufficient to pay them what the law required them to have; just as in the case of members of Congress who are entitled by law to a specific sum. If the a(J'gregate sum appropriated is not sufficient to pay that amount, the duty of the officers of the Govern­ment is to pay them monthly the amount to which they are entitled under the general law as long as the appropriation lasts, and to let the deficiency take care of it-self.

But it was evidently supposed by the Secretary of the Navy, pre­vious to the last presidential election, that he might use this reduced appropnatJ.on for the purpose of maJrin(J' a little political capital. Therefore he put a great number of nav~ officers on the retired list at half pay, and sent them over the country to tell the people that the economy proposed by this House was a sham and a delusion.

I shall support this amendment because I believe it is in accordance with th~ spirit of the law. These officers should receive the pay to which they are entitled under the general law. It was not intended by the House of Representatives to reduce in the least the pay of naval off:l:eers by the appropriation bills of last session.

[Here the hamm~r fell.] The CHAIRMAN. The time of the gentleman has expired. l\Ir. DANFORD. I rise to oppose the amendment to the amend­

ment. Mr. FOSTER. I would like to ask the gentleman from Illinois

[Mr. SPRINGER] a. question. Mr. SPRINGER. Certainly. I will answer it, with pleasure, if

I can. Mr. FOSTER. I understood the gentleman to criticise the action

of the Secretary of the Navy because he failed to pay these officers pro rata.

Mr. SPRINGER. No, sir; but because he failed to pay them the amount to which they were entitled under the general law as long as the appropriation lasted.

.1\Ir. FOSTER. I misunderstood the gentleman. Mr. DANFORD. I think it will be remembered, at least by the

members of the Committee on Appropriations an<l: of the Committee on Naval Affairs and possibly by many other gentlemen upon this floor, that while the naval appropriation bill was under discussion in the House at the last session this matter of the pay of the Navy was the subject of discussion. · It was then shown to be a. matter of actual calculation, of mere dollars and cents, as to the amount of money that must necessarily be appropriated to pay the officers and enlisted men of the Navy; that it required so much; that the number of of­ficers in the active service requiring sea pay, the number on shore duty and waiting orders was known, and the amount required wa-s a mere matter of calculation. We were informed by the Department that unless the appropriation was larger than that contemplated by the Committee on Appropriations there would not be a sufficient amount to pay these officers duty pay.

Mr. BLOUNT. Will the gentleman inform the House ·where that communication is f

.Mr. DANFORD. That statement was made upon the floor of the House, and it undoubtedly shows a very considerable ignorance on the part of the members of the Committee on Appropriations, when the number of officers in the Navy are known, when the number of enlisted men are known, when the amount of pay to which they are entitled upon active service or upon waiting ?rders is a mere matter

of calculation. It is rather a strange specta.cle to see the Committee on Appropriations or the Committee on Naval Affairs come into the House this session and claim that they are not responsible for the deficiency that is asked for at this time, that they are not responsible for the fact that the Secretary of the Navy was compelled to place a portion of the officers of the Navy upon furlough.

I believe that he did, with the means at his command, the very best that he could have done. I believe that he used the money appro­priated for the pay of the officers and men of the Navy to the full extent that he could use it. And it does not come with good grace from the committee that refused the appropriation asked for, refused the amount called for in the estimate, to come into the House now and complain of the conduct of the Secretary.

[Here the hammer fell.] Mr. WHITTHORNE. I hope the gentleman from Ohio [Mr. DAN­

FORD] will withdraw his amendment. The CHAIRMAN. The amendment to the amendment,. which is

to strike out the last word, was offered by the gentleman from Illi­nois, [Mr. SPRINGER.]

Mr. WHITTHORNE. Then I hope the amendment will be voted down.

The amendment to the amendment was not agreed to. Mr. WHITTHORNE. I move to amend by striking out the last

two words. I am very much gratified this morning by the statement made by the gentleman from Georgia, [Mr. BLOUNT,] a member of the Committee on Appropriations. I have long suspected, if I did not indeed know the fact, that this suggestion for puttmg officers upon furlough pay originaterl. not with gentlemen in this House, not with the Committee on Appropriations, not with the Committee on Naval Affairs, but with the Secretary of the Navy himself. We have tlJat statement made here to-day by the gentleman from Georgia.

I have no partisan purpose at all ; and I now intend to disclaim any partisan reference. My present object and motive is to do jus­tice to the officers of the Navy. I pass no reflection that might be justified by this statement upon the Secretary of the Navy; I re­serve that for some other time. It is now simply a question of jus­tice to the officers of the Navy, a question over and above party.

These officers have been made to suffer in public estimation; they have been made to suffer in their purses; they have suffered innocently, and I would do justice to them. No man who looks over the question of furlough pay according to the customs of the Navy in its administra­tion can fail to see that it has been esteemed a badge of disgrace and a punishment. No man after seeing the amount of fm·lough pay can fail to understand that it is inadequate for the support of these offi­cers. Whilewekeepup a Navy, let us be just. Here is the law; turn to the law-book; it provides the amount of pay that these officers shall receive.

Consider for a moment the position of an officer pla~ed upon fur­lough or waiting orders. He cannot leave his home; he does not know the moment that he may be ordered into service ; he does not know th& period of his punishment; he is not relieved from active duty for any fixed time; the term dwells alone in the mind of the Secretary of the Navy. Gentlemen, this is too much power to be ex­ercised by any one individual. The injustice to those who suffer un­der it is too great.

At the last session of Congress I stated my belief that $6,250,000 was demanded as an appropriation for this Department ; I so believe now. In that belief I asked at the last session, on behalf of the Com­mittee on Naval Affairs, that the number of officers be reduced; I a-sked a reduction in several regards, which the House refused. So long as you continue the present order of things, so long you ought in justice to make an appropriation adequate for the decent support and maintenance of the officers in the service. I hope the amend­ment I have submitted will be adopted.

Mr. HALE. I rise to oppose pro f()T'Tll,a the pending amendment. I am glad that the chairman of the Committee on Naval Affairs [Mr. WmTIHOllNE] has presented this matter in the proper spirit. He has found out that the only way to run any Department of the Gov­ernment fairly and justly is to make fair and just appropriations ; and I am glad that the gentleman has had the courage in the face of the action of the last Congress to make that statement, which after all in the long run must be our rule of a~tion.

But, Mr. Chairman, what a lowering of the standard there has been on this question of appropriations since the last year I Then we were told that there should be no deficiencies; that there was no need of deficiency appropriations; that the sums given were sufficient and would run all the Departments of the Government. To-day the gen­tleman fromlllinois, [Mr. SPRINGER,] who led the van last year in cutting and carving and reducing and pinching every appropriation, tells us that the duty of the head of a Department was to go on and spend the money, to use it up, and when a portion of the year had expired, come to Congress with an estimate for a deficiency. That is the result, that is the outcome of the ground taken last year in re~ard to appropriations for carrying on the Government. Truly there Is no road to economy so ea-sy as to give bot little money, count it as the whole expenses of the Government, let it be spent in six or nine months, and then turn over the unpaid officers of the Government to the mercies of the next session of Congress.

Plenty of gentlemen on this side predicted last year what would be the result; but I did not look for this confession from the gentleman

1.294 CONGRESSI0NAL .. RECORD-ROUSE. FEBRUARY 6,

who has made it. I did not suppose that he would be the first to come forward and declare that rather than there should be pinching un­der an appropriation act, the money should be expended so far as it would go and a deficiency should be thrust before Congress. But so it is, and so it will be.

The next year, Mr. Chairman, will ten the same story. If you cut down this appropriation for the pay of naval officers your Secretary of the Navy must either put men and officers upon the lowest scale as to pay or he must spend during a part of the year all the money appropriated and come in here for a deficiency appropriation. The remedy is just what my friend from Tennessee has stated, that is, to make a fair appropriation; but the responsibility shall not with my consent be shirked by this Honse and thrown upon any executive officer.

[Here the hammer fell.] The CHAIRMAN. Debate on the pendingamendmentis exhausted. Mr. WHITTHORNE. I withdraw the amendment to the amend-

ment. Mr. BLOUNT. Mr. Chairman, I renew the pro forma amendment.

I desire the country to see where this deficiency really comes from, and where the intelligence upon this question lies. Gentlemen on the other side of the Honse who have had so much experience and know how much it has taken to run the Navy Department through the whole administration have found it about as follows: In 1873 the estimate was about 6,500,000 and the appropriation 6,315,000 ; in 187 4 the appropriation was the same; and in 1875, $6,285,000. Gentle­men on the other side have never made an appropriation upon the idea they are now advancing.

Mr. HALE. Does not the gentleman know that at the time he mentions there were balances which the Secretary of the Navy was drawing upon and paying out from time to timet

Mr. BLOUNT. The gentleman asks me a question. Let me ask him why the Department did not consume those balances the first year

· and thus square the account with the country. Mr. HALE. They were consumed from year to year. Mr. BLOUNT. I know they were; but they might have been con­

sumed at once; and the trouble now, in my judgment, is that the money we have appropriated to pay the men and officers of the·Navy, instead of being held until they returned from their cruises the sec­ond and the third year, has been taken to pay the expenses of previ­ous years. That is the ground of the trouble ; and gentlemen are trying to put the deficiency where it does not belong.

The gentleman from Maine [Mr. IlALE] says (and he says rightly) that, if we do not do what the Department calls for, there will be deficiencies again. Yes, they intend to have money if they have to extort it from the gallant officers of the Navy. They will keep every ship in the service that they possibly can, although we were prom­ised during the last winter that the number of vessels in the Navy should be reduced. Notwithstanding the reduction of the appropri­ations the vessels are to be kept in service, fifty or sixty officers are to be kept at the N avalAcademy and at various other places through­out the country.

These officers will be put on furlough and money extorted from them; and whenever, Mr. Chairman, they are put in that attitude, anxious as I am to reduce the expenditures of the Government', when­ever the question comes in that sbal?~.1 I will vote to supply the de­ficiency for that purpose, but not until then.

While I am not authorized by the committee to say so, yet, so far as one member is concerned, I believe there is no danger in putting into this bill the provision suggested by the gentleman from Tennes­see [Mr. WmTTHORNE] that a certain portion of this money should be used to make up the difi'erence to these officers between furlough pay and waiting-orders pay.

The gentleman from Ohio [Mr. DANFORD] commenced by very modestly telling the House how little we did know. The Committee on Appropriations and the Committee on Naval .Affairs had theN avy Register before them. Well, sir, I suppose if the Secretary of the Navy has made the same mistake, beirig at the head of the Depart­ment, the gentleman certainly ought not to make complaint about our conduct. The estimate I had was that of the Navy Department and it was corroborated by the estimate of the chairman of the Committee on Naval Affairs, as well as by several officers whose dis­tinguished service had elevated them to an eminent position in the country. I have regarded them rather than estimates made by the Department, which seem calculated to mislead.

[Here the hammer fell.] Mr. SPRINGER. Mr. Chairman, I rise to oppose the formal amend­

ment. The gentleman from Maine [Mr. liALE] stated he predicted the very condition of things we have now upon us, namely, that the reduced ap~ropriations at last session were to be made up by future deficiency bills; thus leavingthe impression there was nothing saved at the lMt session of Congress, and that we are now simply making up for a false and sham economy then palmed off upon the country.

Mr. HALE. I did not say there was nothing saved, but that in this matter nothing was saved.

Mr. SPRINGER. In this matter f There was at least an inference that the gentleman's remarks applied to all other subjects.

Mr. HALE. Not by any means. Mr. SPRINGER. Not by any means f Then the gentleman does

admit something waa saved at the last session of Congress.

Mr .. HALE. Certainly I do. Mr. SPRINGER. I am glad the gentleman admits it now, althou~h

he did not admit it, so far as I know, previous to the last presidenttal election. I am glad it is admitted on the other side of the House some­thing was saved at the last session of Congress. I believe the amount saved over the previous year was $30,000,000 in round numbers. I am informed by the chairman of the Committee on Appropriations that at this session there will be a further reduction m appropriations below the sums appropriated at the last session of Congress of 10,000,000, making an aggregate reduction in the two years in which

the House of Representatives of the Forty-fourth Congress have appro­priated the people's money of $40,000,000 below what the appropria­tions for previous years of the Government were.

Mr. HALE. What was the figure of saving stated by the gentleman from illinois f

Mr. SPRINGER. I stated that in the appropriation bills this year ten millions would be saved in addition to what was saved last year, which will make the saving by this Congress for two years $40,000,000 in round numbers .

. Mr. HALE. I understood the gentleman to say that $20,000,000 would be saved over the appropriations of last year.

Mr. SPRINGER. Not twenty millions, but ten millions this year below the appropriations of last year. That will also include the de­ficiency we are compelled to make by reaaon of this mistake in the construction of the statute in reference to naval officers.

There was a specific sum appropriated for naval officers' salaries last session, and I did not then understand, nor did any one on this side of the House, so far as I know, understand there was any change contemplated or provided concerning the pay of certain naval officers. Certainly nothing on the face of the statute indicated a change. It was only by a forced construction of the statute that the Secretary of the Navy could have supposed any such change to have been in­tended. It was simply an arithmetical calculation to determine from the general law, where the pay of officers is fixed, the amount needed for the purpose, and if the sum of money appropriated at the last session of Congress under that general law fixing the pay of naval officers was not sufficient. If in that amount those who made the cal­culation simply fell into a mistake in the amount necessary (and it was understood at that time these officers were to receive the same pay for this fiscal year they did for-the last fiscal year) the duty of the Secretary of the Navy was plain. If Congress had not appropri­ated a sufficient amount to meet what the law required, it was his duty to pay so long as the money lasted and then let Congress take the responsibility for the deficiency at the end of the year if the ap­propriation should be exhausted and a deficiency bill should be ren­dered necessary.

[Here the hammer fell.) Mr. CLYMER. I desire to say a word. The CHAffiMAN. Debate is exhausted on the pending amend­

ment. Mr. W .A.LDRON. I wish to move the committee rise for the pur­

pose of closing debate on the pending paragraph . . Mr. FOSTER. I hope the gentleman will not make that motion at

this time. Mr. W .A.LDRON. If gentlemen desire further debate, I will waive

it for the present. Mr. CLYMER. I ask the gentleman from Georgia to withdraw his

amendment. Mr. BLOUNT. I withdraw it. Mr. CLYMER. I renew it. Mr. Chairman, the gentleman from Maine [Mr. IIALE] who is on

the Appropriation Committee taunts the majority on this floor with making low appropriations last year, as I understood him, for the purpose of affecting the political sentiment of the country at that time, and now come here with deficiency bills in order to make good their dereliction at that time. That I understand in brief to be hi.i position. Now, sir, I assert the large amount of money proposed to be appropriated in this bill is to supply deficiencies created prior to the present fiscal year, and the other side of the House which was then in power is justly responsible for such deficiencies, and not the party represented by the majority of the Committee on Appropriations. I assert, furthermore, that even last year the deficiency bill as it passed, including re-appropriations, was $2,908,000 ; being an excess of more than a million dollars over what is proposed to be appropri-ated this year. . .

I say, sir, that in the face of these facts the taunt of the gentleman from Maine against the majority on this floor comes with a poor grace. I assert furthermore that if the majority on this floor had had the Departments of this Government in accord with it, acting honestly and fairly, determined to co-operate with it in its just endeavors to reduce the expenditures of this Government, the appropriations made last year for the present fiscal year were amply sufficient,and we would not have needed to have asked any deficiency whatever. But, sir, when we are constantly met as we are met to-day by demands un­heard of, unauthorized, unwarranted by the condition of affairs for more money, we shall resist them; and we do not intend to stand here and endure, if we can prevent it, these unjust charges against the majority on this floor. We have endeavored to do our duty faith­fully and manfully-radically, if you please-and we intend to pro­ceed in the same direction. We are responsible to the country and

1877. CONGRESSIONAL RECORD-HOUSE. 1295 will abide by its judgment whether we have fmpeded the Govern­ment or not. I claim that the service of the Government has been as well performed and a.s amply provided for as its needs required; and I say that to appropriate more would be merely wasteful extra va­gance.

We are not here for any such purposes as these. We are here to ask for deficiencies, the larger portions of which were made when our friends on the opposite side were in power. When we ask for defi­ciencies to cover up our own delinquencies in the matter of appro­priations, then will be the time to blame us for doing so.

.Mr. RANDALL. I renew the pro forma amendment. I take part in this debate with a good deal of hesitation r but when

gentlemen make an attook upon the policy of the last sessiOn of Con­gress as to the reduction of the appropriations, I think I may be par­doned if I say a word or two in reply. I say to-day that all the pre­dictions of the minority of this House which they indulged in during .the last session about the confusion that was to be made in the ad­ministration of the Government by reason of the reductions have in no instance and in no material degree been realized. We reduced the expenditures of this Government about thirty millions of dollars; and I would like gentlemen to-day to point out to me throughout the le!lgth and breadth of this land auy place wherein we have hampered the due and honest administration of the Government.

Mr. HALE. Here is one place. Mr. RANDALL. I am going to come to this. The general defi­

ciency bill-and I say it in no spirit of partisanship, but only as stat­ing a fact-is of republican growth. Now, sir, as to this Navy matter to which the gentleman from Maine directs my attention, I remem­ber very well having gone with the gentleman from .Maine and the gentleman from Georgia, and after full consultation with the Secre­tary of the Navy that matter of the · amount was :fixed, as I under­stood, without much dissent from him.

Mr. HALE. What amount f Mr. RANDALL. I will not say, as some have been unkind enough

to say, that he was prompted by political considerations; nor will I say that he sought by a reduction of the appropriation to reduce the pay of certain naval officers against whom he had had complaint to make.

.Mr. DANFORD. What amount was :fixed f 1\Ir. HALE. Let me ask the gentleman from Pennsylvania-­Mr. RANDALL. In a moment. But I will say that he did not, as

an officer of this Administration, resist as he ought to have resisted if the amount was not sufficient.

1\Ir. HALE. Will the gentleman allow me to ask him one question 7 Mr. RANDALL. In a moment. Now it happened that heretofore

the Secretary of the Navy had the right to expend unexpended bal­ances; and the gentleman from Maine will realize the fact that those unexpended balances do not come under the provisions of law which provided that the unexpended balances of the Navy shall go into the Treasury at the end of two years.

Now, sir, with this exception-and the exception proves the pro­priety of our action in these reductions-we are to-day without a legitimate complaint in any part of the country as to the reductions made. Nay more, where would your Treasury have been to-day but for these reductions f Where would your deficiencies have been f In­stead of the expenditures being five millions behind the receipts at this time, they would have been twenty millions behind; and at 1he rate you are going now, if the receipts are not increased you would have had at the end of this :fiscal year forty millions of deficiency with but one resort to meet it, and that resort, additional taxation. That we have at least protected the people from.

Mr. HALE. Mr. Chairman, I rise to oppose the pro forma amend­ment.

I luckily have the RECORD before me, not only to show, upon this matter, that the appropriation fixed last year for pay wa.s not agreed to by the Secretary, nor by the minority, as stated by the gentleman from Pennsylvania, but also to show that this matter of furlough pay, which is now shirked by the other side of the Honse, was brought up here a.s a reason why we could reduce appropriations. I ask the Clerk to read the remarks and motion of the gentleman from Georgia, who had charge of the naval bill last year, so that this House may see whether furlough pay has just come up as an abuse not thought of before, and also whether the amount we appropri­ated was agreed upon beforehand. Let the Clerk read.

Mr. BLOUNT. Will the gentleman allow me to ask him a question f Mr. HALE. The Clerk must read this now or there will not be time

to read it in my time. I call attention to the fact that this is a cita­tion from the debate upon the naval appropriation billoflastsession, of which the gentleman from Georgia had charge. . The Clerk read as follows: Mr. BLOUNT. I move to amend the paragraph just read by staiking out "e6,200,­

. OliO " and inserting the following : ''Five million seven hundred and :fifty thousand dollars. And so much of the act

of June 16, 1874, making appropriations for the support of the Army for the :fiscal year ending June 30, 1875, and for other purposes, as provides that ollly actual trav­eling expenses shall be allowed to any person holding employment or appointment under the United States while engaged in public business as is applicable to offi­cers of the Navy so engaged, is hereby repealed; and the sum of eight cents per mile shall be allowed such officers while so engaged, in lieu of their actual expenses."

Mr. HALE. And now I a-sk the Clerk to read the remarks of the gentleman from Georgia following that.

The Clerk read as follows:

cJed &=~o~~f:fi[b! tf~~~s;:~~er;!~~~!~ ;~: £::~ 'f! ~le~:~ "to 1ree!:~~i of money required for the pay of the Navy, as estimated by the Fourth Auditor, was clearly an error. There nas been no satisfactory explanation given, and I can­not conceive that there is any. For this reason the committee have thought that there might be a considerable reduction, amounting to nearly $600,000.

Furthermore, a table on page 15 of to-day's RECORD, furnished to me by the Secre­tary of the Navy, discloses the fact that a very large proportion of the officers of the Navy who are not on sea service are on what is termed other-duty pay, instead of being, as the committee think they mi~ht be, either on waitin"' orders or on fur­lough. We have thought that the abuse m this particular grew 'i.argely out of the fact of the influence of these officers and their rmportnnities for higher pay, and we have felt that there was but one remedy: lhe reduction of the appropriation itself.

1\Ir. HALE. There, 1\Ir. Chairman, is the declaration of the gentle­man who had charge of the naval appropriation bill last year, and who came into the House and moved a reduction of the pay of the Navy $45,000 below what the estimate had fixed it and below what was called for by the Secretary of the Navy before the committee, n,nd as a reason he wished it to be done he stated that the commit­tee believed that many officers of the Navy might be put on" leave pay" or on "furlough pay," and to-day we are told that "furlough pay" is a punishment to ofllcers of the Navy, and that the positron of officers is a matter in the mind of the Secretary, and that any fix­ing of the status of these officers has been done for political effect or to punish some one against whom he bad a grudge. Luckily I had the record before me--

[ Here the hammer fell.] lli. WALDRON. Unless I can have an understanding that the

committee will close debate upon this question, I move that the com­mittee rise.

Mr. BLOUNT. I hope the gentleman will allow me to reply to the gentleman from Maine.

Mr. WALDRON. I must insist on my motion that the committee rise.

:1\Ir. BLOm-.rr. The gentleman will not gain any time by doing that.

lli. WALDRON. If the motion to rise prevails, I shall move that all debate upon this amendment be limited to ten minutes, which will give the gentleman from Georgia an opportunity to reply to the gen­tleman from Maine, [Mr. HALE.]

The question was taken on Mr. W ALDRO~'s motion; and on a divis-ion there were ayes 15, noes not counted.

So the committee refused to rise. Mr. RANDALL. I withdraw my formal amendment. lli. FOSTER. I renew it. The CHAIRl\fAN. That amendment is not in order, because it has

once been voted on. Mr. FOSTER. Then I move to strike out the last three lines of the

amendment. I did not intend, sir, to participate in this debate at all, and I would not do so now but for the reckless and extravagant statements· made by the former chairman of the Committee on Ap­propriations, now Speaker of the Honse. That gentleman, in face of the facts, stands up before the American Congress and the American people and says that but for the action of this democratic House the deficiency for this year in the revenues and receipts of the Govern­ment would have been $40,000,000 or over.

I would like to know, Mr. Chairman, upon what basis the gentle­man makes a statement like this. I am not here to lecture him, but I want to remind him that he is the Speaker of the House and that his words go to the country with more weight than the words of an hum­ble member of the House like myself.

Mr. RANDALL. Do you want an answer T In the :first place, we saved 30,000,000 because we did not allow you this sum of money to spend.

.Mr. FOSTER. In the first place, that is untrue. You did notre­duce the expenses of the Government $29,000,000 or 30,000,000, but official data at the Treasury Department shows that the reduction is but $23,000,000, as I showed satisfactorily to the House that it would be at the close of the last session.

Now, I am willing to give the gehtleman from Pennsylvania [Mr. RANDALL] and this democratic Honse credit for what they did, but a man occupying the position of Speaker of this Honse ought to be very careful as to how he makes statements of this kind.

Mr. RANDALL. I agree to that. Mr. FOSTER. Now, you got through with a decrease in expendi­

tures of $23,000,000 and I told yon that there would be a deficiency at the close of the session. I do not believe that when the :fiscal year ends it will show a-s much reduction as the previous year of a republican Congress. You talk about this deficiency bill being less than it was laBt year. Do not gentlemen know that this is but a small part of the deficiency which has to be provided for Y Why it does not in­clude $200,000 for printing when the Public Printer says it will take $350,000 to complete the work now on hand, and he is to-day with­out an appropriation to carry on operations, having already been compelled to discharge a large number of employes, and unless an appropriation is ma.de to-day the Government printin~ must stop.

I will give gentlemen opposite credit that the reductions they made were made with as little harm as such reductions could be made with, but harm haa been done in several instances; but as to the case of officers of the Navy, I say here and now that the committee willingly,

1296 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6,

knowingly, and with malice aforethought, realized what exactly the effect would be. This committee went to the Secretary of the Navy and a-sked him in God's name can we reduce these officers' pay, and the answer was: It will save a half million of dollars; and this <lemocratic committee said then we will disgrace them and save a half million of dollars. That is the controversy to-day.

M:r. SPRINGER. Is there anything in the act of the last session different from the act of the preceding year f

Mr. FOSTER. Nothing; you were deceived; you did not know the inside working in the committee. You did not know that they were degrading these officers for the sake of reducing the appropriation. . Mr. SPRINGER. Then I understand that the committee of which the gentleman was a member willfully deceived the House and the countryf

Mr. FOSTER. They did, against my voice. Mr. SPRINGER. We did not hear your voice at that time. Mr. FOSTER. Yes, you did. Mr. BLOUNT. The gentleman from Ohio who has just taken his

seat is possessed of information from the Secretary of the Navy which never came before the Committee on Appropriations.

Mr. FOSTER. I got it from you. Mr. BLOUNT. No, you did not; yon are mistaken. The gentle­

man got no such information from me. The gentleman from Maine [Mr. HALE] who has just taken his seat has had read a part of my speech on the naval appropriation bill of last session, to show that it was the design of the committee to put a portion of the officers of the Navy on furlough pay. I tell him that I am ready to take my share of responsibility; but the trouble is that his side of the House, and the Secretary of the Navy, are not ready to do so.

There was an agreement to the appropriation of 6,250,000 ; the gentleman from Ohio [Mr. FoSTER] agreed to it, and the gentleman from Maine [Mr. HALE] agreed to it. The only reduction made was of $500,000, upon my own motion. As to a part of that appropriation the RECORD puts me in favor of putting a portion of these officers upon furlough pay. I have given my reason for that. It was that I was informed by the Secretary of the Navy that it could be done; instances were given where it had been done, and reasons were as­signed why it should be done again. I therefore did make that motion. He further said that the appropriation could be reduced a million of dollars. In view of what occurred I did say to this House that that was the purpose. And I now say that with a proper nse of that fund it is susceptible of proof that it could have been expended and every officer paid, and not a single officer put on furlough pay. Instead of doing that the number of vessels were increased, the number of offi­cers put on sea duty was increased, no attempt was made to reduce the number on shore service, and although paymasters and other offi­cers could have been dispensed with, they were kept in the service.

I now come to the statement made by the gentleman from Ohio, [Mr. DANFORD.] He says there was publishoo at that time a state­ment from the Navy Department as to the number of officers on sea pay, the number on shore pay, &c. If the gentleman will compare that statement with the Navy Register he will find that it is nothing but an estimate; that it does not pretend to be a copy of the record in the Navy Register.

1\lr. DANFORD. The gentleman referred to that in his remarks. Mr. BLOUNT. "The gentleman" did refer to it because he ex­

pected candor. · Mr. DANFORD. The gentleman referred to it, and based his re­

marks upon that estimate. Mr. BLOUNT. I hope the gentleman will not take up my time. I

did refer to it, and I expected candor. I asked for an estimate, and that was handed to me, and a million of dollars more than was re­quired, according to the estimate of the Committee on Naval Affairs, for the expenditures of that very period. And this in the face of the fact that we proposed to reduce expenditures.

Mr. DANFORD. But will the geutleman--Mr. BLOUNT. I cannot give up my time in this way. Mr. DANFORD. But I do not understanu that the gentleman ha.s

answered my question. ' Mr. BLOUNT. I have answered it in my own wo,y. The gentle­man from 1\faine [Mr. HALE] has endeavored to explain this matter by reason of the consumption of unexpended balances. I have already shown that they did not proceed upon honest principles.

[Here the hammer fell.] The CHAIRMAN. The time of the gentleman~as expired, and de­

bate upon the amendment to the amendment is exhausted. Mr. FOSTER. I withdraw the amendment to the o,mendment. 1\fr. KELLEY. I nmew it. This debate has nmde me very happy

in one respect. I find both sides of the House are ready, so far as they can, to do reparation to the officers they have degraded in the estimll>tion of the service and of their associates.

It has been said that this is the only place where our economy has produced such effects. Sir, naval officers are scattered through the country, they are gentlemen of influence, and they have been able to make themselves felt: But it is not so with the poor printers, six hundred of whom were furloughed last Saturday without any pay. It is not so with the messengers, laborers, and poor women who in this time of depression, when private employment cannot be had, have been turned out of employment. - They are obscure people; they wink into their humble homes.

As the year advances it will be found that in every· quarter the pub­lic service has been interfered with. Thirty-odd thousand pensions are awaiting examination, and the number is continually increasing and the office getting behindhand with its work. The Patent Office is embarrassed for want of sufficient clerical force. The whole econ­omy of last ses ion comes up again, as I showed the other day, as a fraud and an imposture.

The gentleman from Illinois [Mr. SP&rnGER] said that the commit­tee and members of the House understood so and so. Why, sir, they ought to understand the language they were using when they enacted a. clause that required the Secretary of the Navy to furlough these men in order to make the appropriation run through the year; they ou~~t to have understood it. They ought to have understood it as well as the gentleman did the amendment he drew up and offered to an appropriation bill, and which cut the Government out of one and a half millions of dollars unless it should come from unexpecteu profits.

Mr. BLOUNT. A half a. million of dollars was my amendment. :Mr. KELLEY. I refer to the centennial amendment. [Laughter.]

It is not for the republican party to furnish brains or understanding to gentlemen on the other side.

Mr. SPRINGER. It would be a fruitless task to undertake to fur­nish brains to the gentleman from Pennsylvania, [Mr. KELLEY.]

Mr. KELLEY. I profess to understand the ordinary import of the English language. We did warn the gentlemen. I am no economist ; I confess I am rather too extravagant. But all wise governments, when there comes a depression in private trade, try to sustain the people and at the same time accomplish economy by buyina cheap labor and cheap material. Over and over again dw·ing the iast ses­sion did I protest against these nominal economies as extravagant inhumanities toward the people. Wait till we get through theses­sion and we shall find appeals coming to us from people who do not wear gold lace, from people less prominent in the community than naval officers, people who, had they been permitted to live by honest industry, would have been relieved from embarrassment and su:tfer-

inKir.RANDALL. My colleague, [Mr. KELLEY,] it seems to me, is quite unfortunate in his allusion to the two instances in which he alleges dist1·ess ha.s come by reason of the action of this Honse at the last session. He first alludes to the Public Printer. An investigation by a committee of this House showed that the amount which had been appropriated wa-s sufficient and the same committee declared that in the management of the public printing there had been ~oss irregu­larities. I am not surprised therefore that there is a defiCiency. Nay, more, the Congress of the United States, in confirmation of that judg­ment, passed a law by which the two Houses were given control, in a measure, of this printing establishment. In other words, Congress de­clared that in its judgment the right man was not at the head of the public printing. How did your Executive act upon that caseY In my judgment-! say it with all proper respect-he acted with no pos­sible regard to the legislative branch of the Government. Immedi­ately after the action of our committee and the action of Congress, he re-appointed this same man whom our committee had declared guilty of reckless conduct in the administration of that establishment ; and thus we have been compelled to submit longer to the mismanage­ment of this officer. It is no wonder, then, that there is a deficiency in this respect.

The gentleman alludes to the discharge of women from the Bureau of Engraving and Printing. I say that the Committee on Appropri­ations sought to protect these women in that bureau, to the injury it is true of certain bank-note companies of my own city and of the city of New York; but if the Secretary of the Treasury had followed the letter of the law and permitted that bureau to print the revenue stamps, which we provided for, not a woman would have been re­moved from the Department at the other end of the A venue.

Now I will tell the gentleman in a word what we want. We want the drooping revenues of the Government to revive. We want this crusade against the South to cease. We in the North desire that the South shall again become, as she formerly was, a purchaser of our manufactured goods, and that she may again by prosperity have the money wherewith to pay for them.

?tlr. KELLEY. Amen. .Mr. RANDALL. Until you cease this crusade against the South

you can never have a prosperous North. As I said at the close of the last session, you might a-s well expect a man paralyzed on one side to walk with agility and vigor as to hope that a country can prosper when one-half of it is crushed and prostrate.

[Here the hammer fell.] Mr. KELLEY. I withdraw my pro forma amendment. The question then recurred on the amendment of Mr. WHITTHOR~TE,

which read a.s follows : That the a.ccountin~,officers of the Treasury be, and they are hereby, author­

ized and directed to aujust and settle the accounts of the officers of the Navy on the active list whose pay has been affected by the general order of the Seer tary of the Navy No. 216, since the 1st day of Septemoer, 1876, on the basis of wait­ing-orders pay ; and such sum as may be necessary to make up the difi'erence between the furlough and waiting-orders pay of such officers is hereby a.ppropri­a.ted for tha.t purpose out of any moneys in the Treasury not otherwise appropri­ated.

The CHAIRMAN. The Chair understands that this is offered as an addition to the pending paragraph.

1877. CONGRESSIONAL RECORD-HOUSE.

Mr. WHTITHORNE. Yes, sir. The amendment was adopted. The Clerk read as follows: For defraying expensea incurred in the prosecution of whisky and cotton cases

and the Credit Mob iller case, for payment of special counsel for the United States, and other expenses incident w the trial of said causes, $67,~5.55. l Mr. WELLS, of Missouri. I move to amend by adding to the par­agraph just read the following : . ., To payW. H. Bliss, of Saint Louis, $1,500, for extra services as assistant United States attorney in the whisky cases. l I have here a letter from the Attorney-General recommending this appropriation. Mr. Bliss, while employed in the capacity of assist­ant district attorney, performed these extra services in connection with the whisky trials. I have here the law authorizing the Attor­ney-General to employ special counsel and assistant attorneys. I ask the Clerk to read section 363 of the Revised Statutes.

The Clerk read as follows: The Attorney-General shall, whenever in his opinion the public interest requires

it, employ and retain, in the name of the United States, such attorneys and coun­selors at law as he may think necessary w assist the district attorneys in the dis­charge of their duties, and shall stipulate with such assistant attorneys and coun­

-sel the amount of compensation, and shall have supervision of their conduct and proceedin~s.

1 Mr. WELLS, of Missouri. I hoJd the Attorney-General was justi­fied in recommending this payment under· the section read by the Clerk. A number of these special attorneys appointed in various sections of the country have been paid for their service. Mr. Bliss, assistant district attorney at Saint Louis, was included in the num­ber recommended to be paid by the Attorney-General. The commlt­tee, however, thought proper to strike out that item. I know some of the services rendered by this gentleman and I believe he is fairly en­titled to this money, and therefore hope the amendment will be adopted.

Mr. ATKINS. Mr. Chairman, I dislike very much to antagonize anything my friend from Missouri offers as an amendment to this bill, but I think the proposition now pendin~ is wrong in principle. It is to pay $1,500 to a gentleman who was assistant district attorney, who has been already paid by the Government $2,500 a year for his services. The principle sought to be established by the amendment is one I believe to be radically wrong, and therefore oppose it. I care nothing about the additional sum which might be given to the gentleman by the a-doption of this amendment, but .I think the prin­ciple is a vicious one and should not be recognized by us in the slightest degree. I do not think wh~n the Government employs an officer and pays him a stated salary we should pass any such propo­sition as this giving him additional pay for the same services.

MEASAGE FRO!\! THE SENATE.

The committee informally rose, and a message was received from the Senate, by Mr. SYMPSON, one of its clerks, announcing the pas­sage of the following bills; in w hioh concurrence was requested : • An a-ct (S. No. 1001) to provide for the disposition of the Fort D.al­les military reservation; . An act (S. No. 1003) to amend an act entitled "An act granting the right of way throu?,h the public lands to the Denver and Rio Grande Railway Company,' approved June 8, 1872;

An act (S. No. 1163) for the relief of settlers on the public lands under the pre-emption laws;

An act (S. No. 1202) for the relief of John A. Darling; and An act (S. No. 1203) to remove the political disabilities of M. L.

Bonham, of South Carolina. It further announced that the bill (H. R. No. 3628) establishing

post-roads, with the amendments of the Senate thereto, upon which the House of Representatives had asked a further conference, was returned to the House with the request that the appointment of con­ferees on the part of the House accompany the request for further conf£Jrence.

DEFICmNCY BILL. The committee resumed its session. The CHAIRMAN. The gentleman from Tennessee is entitled to

the floor. Mr. ATKINS. I am opposed to the amendment of the ~entleman

from Missouri. On the same principle, Mr. Chairman, we might bring in a deficiency bill to pay salaries of nearly every officer of the Gov­ernment. Twenty-five hundred dollars a year is a handsome salary for a young man. I think the matter bas been acted on in the Com­mittee on Appropriations, duly weighed and considered, and the committee came to the conclusion to reject it. I think it would be well enough for us to consider the propriety of adopting such a pre­cedent in legislation.

Mr. FOSTER rose. The CHAIRMAN. Debate is exhausted on the pending amend­

ment. Mr. FOSTER. I move to strike out the last word. The case, Mr. Chairman, covered by the amendment of my friend

on the Committee on Appropriations is just this : This gentleman was acting district attorney at Saint Louis at the time of the appoint­ment of Mr. Dyer district attorney, and he desired to withdraw from the service, alleging he could not afford to give his services for the regular pay. ,. They were considered by Mr. Dyer and the Attorney­General so valu~ble as to induce them to offer additional salary if he

V-~2

would remain in office. On that condition he ~emaiD.ed: He has no regular claim on the Government, but he has an equitable or moral one. To refuse to make this allowance iB to act in bad faith toward this officer who accepted this service on the sole condition he was to have the compensation allowed by the Attorney-General. The Attor­ney-General reports the amount of his allowance. We have paid every other officer the full amonnt allowed by the Attorney-General save this one alone. I think it is the duty, Mr. Chairman1 of this House to act in good faith toward him, ratifying the bargam made by the officer of the Government who continued him in service.

Mr. ATKINS. Did not the officer get a stated salaryt :Mr. FOSTER. I have stated the case. Mr. ATKINS. Did not he get a stated salaryf :Mr. FOSTER. He got his salary as assistant district attorney. Mr. DURHAM. I am sorry to state, Mr. Chairman, that I believe

there is a great abuse of power on the part of district attorneys of the United States in employing counsel. The Committee on Expendi­tures in the Department of Justice last session introduced a bill limit­ing the power of the Attorney-General to employ assistant counsel. I am surprised therefore at the report of the Committee on Appropria­tions in this case in asking for an additional sum for this assistant counsel. Why, sir, I hold in my hand thereportoftheAttorney-Gen­eral for the last year in regard to matters of this sort, and in running up, the fees which have been paid to assistant attorneys, in round numbers, amount to $240,000. The bare statement of the sum will show that there is a want of discretion on the part of the Attorney­General of the United States in employing these counsel. I resist it: and I am very glad that one of the members of the ·committee sees proper to resist the amendment of my friend from Saint Louis giving this additional pay to Mr. Bliss. I do not believe that he is entitled to a dollar.

Mr. ATKINS. If the gentleman will allow me I will state thatthe majority of the committee is opposed to it.

Mr. DURHAM. I am glad to hearit. Mr. Chairman,Ihavelooked into this business, and I am in favor of paying all the employes of. the Government a fair and liberal compensation for service rendered ; but when I know the fact that a certain distinguished gentleman of the city of Saint Louis sent in a bill to the Attorney-General for $26,000 for three months' service I undertake to say that it was an outrage.

Mr. FOSTER. Was it allowed f Mr. DURHAM. No, sir; and it ought not to have been allowed. But

it shows the length to which these attorneys who are employed at random by the Attorney-General are disposed to go.

Mr. FOSTER. What was the outrage f Mr. DURHAM. The outrage was in undertaking to ask such a

sum ; and the amount allowed was too much. lli. FOSTER. Who was the man f Mr. DURHAM. Perhap~ you had better not ask the name. Mr. FOSTER. You say it was an outrage. I would like to know

thename. <4 Mr. DURHAM. Well, if you ask me the name I will say it was Mr .

Henderson. I was informed by the former Attorney-General that that was the sum asked and that $5,000 was allowed, when the At­torney-General who serves the whole year only gets $8,000 and h s to live here in the city of Washington.

[Here the hammer fell.] . Mr. FOSTER. I withdraw the proforma amendment. Mr. BLOUNT. I renew it. I desire to say that the Committee on

Appropriations refused to allow the appropriation recommended by the Attorney-General for the payment of Mr. Bliss. A section of the Revised Statutes has been read which authorizes the Attorney-Gene­ral to employ counsel for the purpose of assisting district attorneys. But Mr. Bliss is one of the assistant district attorneys, and therefore this law ha-s no application. But the gentleman from Ohio [Mr. Fos­TER] states to the House that there is a question of faith involved. And what is it f Why, that the Attorney-General, assuming to himself the power to nominate and confirm these officers, is entitled to fix what shall be paid to them besides what the law declares. There is, sir, no authority on the part of the Attorney-General to make any con­tract for this additional sum. And therefore the committee deter­mined that they would not allow it, on the ground that when Congress fixes salaries by law the law ought to be carried out.

The gentleman from Kentucky [Mr. DURHAM] says he is surprised at the action of the Committee on Appropriations in allowing these lar~e sums of money at Chicago, Saint Louis, and other places to ass1st in the prosecution of whisky cases. Sir, we were as much op­posed to these appropriations as he could have been. But we found authority in the law for the Attorney-General to make contracts with these attorneys. We found the contracts had been made, and we did not feel that we had a right to violate the good faith of the United States toward them. That is our justification for allowing these ap­propriations to be placed in the bill. At the same time we have felt that there has been a good deal of extravagance here in the matter of these prosecutions, and that the pardoning of these various crimi­n~ since, has shocked the sense of propriety of a large portion of the people of this country. This has made the Committee on Appro­priations inclined if possible to curtail these amounts. It is the fact that large sums were squandered on attorneys, and that as soon as their work was completed it was undone by the Executive. ·

1298 CONGRESSIONAL RECORD-HOUSE. _FEBRUARY 6,

Yr. CLYMER. It is an ungracious thing to oppose an appropria­tion of this kind, and -I certainly would be much more willing to sit here and allow it to be adopted in silence, if I did not feel there was a principle involved, of which I beg the committee to take notice.

This gentleman had been appointed assistant district attorney in Saint Louis with a fixed yearly salary of $2,500. The law provides that the Attorney-General, in certain cases where he deems it neces­sary to have counsel to assist a district attorney, may employ special counsel and may fix the fee. But the law nowhere gives him the right to increase the salary or add to the fees of officers re~arly appointed and with a regular salary attached to the office. I think this is the first case-at least the first case within my knowledge­that this Government has been called upon to make an appropriation for additional salary, as it were, to an officer whose salary has been .fixed by law, in this way. I conceive that the principle is a vicious one; that allowing this would lead to extravagance, and that it should not be agreed to.

Mr. DURHAM. I ask the gentleman if it is not true that there wa.s no such communication received from the Department a.s was stated by the gentleman from Ohio, [Mr. FosTER.) .

Mr. CLYMER. I have no knowledge of any such communication being received. I will say, moreover, that this practice of employing special counsel has grown in the judgment of the House to be such an abuse that in the last session of Congress a law was passed limiting the amount that might be paid to special counsel to $2,500 in any one case. Hitherto we have been paying special counsel at the rate of $10,000 under agreements made by the Attorney-General, and to pay which agreements the Committee on Appropriations felt themselves bound in honor to recommend appropriations. They do not recom­mend this appropriation. They cousider it wrong. They consider it vicious ; and if the committee attach any weight to the judgment of the large majority of the Committee on Appropriations, they will vote down the amendment offered by the gentleman from Missouri.

Mr. DURHAM. Have not the Committee on Appropriations upon investigation found that the Attorney-General has exceeded his power by paying extra fees to these regular attorneys t

Mr. CLYMER. I do not know that any one instance has come to the knowledge of the committee where the Attorney-General has made such payment to regularly appointed assistant district attor­neys throughout the United States; but that he employed special counsel without number and at prices beyond conscience almost, we well know; and there has been a law passed to put an end to the practice.

Mr. DURHAM. Under the resolution of Mr. Parsons at the last session, the matter was submitted to me as a subcommittee; and I hold in my hand a statement showing that $53,000 were in one year and six months paid to these attorneys.

Mr. CLYMER. That ha.s now been stopped. Mr. WELLS, of Missouri. I move to sti-ike.out the last line. I regret very much that some of the members of the Committee on

Appropriations have seen proper to bring before the House the ac­tion of that committee. It may be proper, therefore, for me to state that the question in regard to this amendment in the committee was decided by a very close vote. It was rejected by one vote.

I do not offer this amendment as a member of the committee, but as a member of this House, and I claim that right as a member of the House. It was stated by the gentleman from Pennsylvania [Mr. CLYMER) who last addressed the committee that there had been no recommendation from theAttorney-General in regard to this item. I beg now to read the communication from that gentleman. I find this item in the communication of the Attorney-General addressed to the chairman of the Committee on Appropriations :

To William H. Bliss, extra. services as assistant United States attorney in whisky cases, $1,500.

That is the item. It must be remembered by gentlemen of this House that these whisky cases in Saint Louis required a great deal of labor. Over one hundred and forty indictments were drawn up and came on for trial in Saint Louis. This gentleman was an excel­lent officer. His duties were very arduous in connection with these cases ; and during their preparation and trial it was impossible for him to do any business whatever of a private character outside the Attorney-General's office. Consequently his time was all occupied, and he informs me, and stated so to the Committee on Appropria­tions, that he communicated these facts to the Attorney-General and the Attorney-General proposed to pay him extra for his services dur­ing that time. It is a matter simply of $1,500, and I have felt it my duty, knowing the character of the services rendered by this gentle­man in my own city, to move this amendment; and I trust that the House a-s a matter of simple justice will adopt it.

The question being taken on the amendment of Mr. WELLS, of 1\fis­souri, there were-ayes 59, noes 52; no quorum voting.

Mr. ATKINS. I call for a further count. Thisis a bad precedent. ,The CHAffiMAN. A quorum not having voted, tho Chair will or­

der tellers, and appoints the gentleman from Missouri, Mr. WELLS, and the gentleman from Tennessee, Mr. ATKINS. ' The committee again divided; and the tellers reported-ayes 81, noes 72 -

So the amendment was adopted. Mr. ATKINS. _ I give notice.ihat I will call for a vote upon that in

the House.'

Mr. WELLS, of Missouri. I offer the following amendment which becomes necessary in consequence of the last amendment having been a-dopted:

flltrike out in line 153 "$67,255.55" and insert "$69, 755.55." The amendment was agreed to. Mr. LYNDE. I offer the following amendment: Amend after line 156 by inserting: To pay to S. S. Dixon, special counsel for United States at Milwaukee, $10,000.

I offer that amendment for the rea.son that Mr. Dixon wa-s employed as special counsel to assist the United States in the whisky ca-aes in :Milwaukee. He is one of the ablest counsel in the city. He was oc­cupied during the entire year in the prosecution of the whisky cases in :Milwaukee and succeeded with the assistance of the United States district attorneys in recovering the sum of $150,000 to be paid into the United States Treasury. The time of Mr. Dixon was occupied during the whole year. He presented his bill to the Attorney-General and the Attorney-General put down the amount to be allowed him at $10,000. I

Mr. WALDRON. I desire to interrupt the gentleman and to say that that is provided for in the pending section. ~·LYNDE. I understood that only $5,000 is provided for in this

sectwn. Mr. WALDRON. The gentleman is mistaken. Mr. LYNDE. If I am mistaken I will withdraw my amendment. Mr. BLOUNT. I will state to the gentleman that that is provided

for. Mr. LYNDE. Then I withdraw my amendment. Mr. WALDRON. I offer the following amendment: After line 154 insert the following: To pa_y James St. C. Boal, two months' spooia.l services as special counsel for

United States, assisting the district attorney for the northern district of lllinois, from January 20 to March 20, 1876, $400.

This account of Mr. Boal's came in a letter from the Attorney-Gen­eral, but at so late an hour that the claim was not acted on by the Committee on Appropriations. I offer the amendment on my own responsibility. The letter of the Attorney-General shows that Mr. Boal was appointed an assistant district attorney for the northern district of Illinois on the 20thdayof January. .

He commenced his services then, but he was not sworn in until the 20th day of March. The Attorney-General states that these services were rendered and that the charge is reasonable; but under the law he has no authority to pay him for the two months during which he served before be took the oath under his commission.

Mr. BLOUNT. Was he paid a salary or by fee Y Mr. WALDRON. The letter of the Attorney-General does not state

that, but I s_u.ppose he was paid at the rate of $3,500 a year. . The question was taken on the amendment, and it was agreed to. The Clerk resumed the reading of the bill, and read as follows : , To pay W. A. Britton, late United States marshal for the western district of Ar·

kansas amount found due him by the accounting officers of tbe Treasury Depart­ment, being a deficiency for the fiscal year 1873, $8,912. 07, which is hereby re­appropriated from -the unexpended balance- of the appropriation for expenses of courts for the said fiscal year and made available for said purpose.

- Mr. DURHAM. I move to strike out the last word, for the purpose of making an inquiry. I desire to inquire of the gentleman having charge of this bill whether this account has really been allowed by the Department of the Treasury f I will state that I have some knowl­edge of this matter, as a member of the Committee on Expenditures in the Department of Justice, and during the last Congress there was a large unascertained balance, according to his account, due to Mr. Brit ton, and upon the investigation of that committee a large portion of the accounts were determined to be false and fraudulent, and the com­mittee referred the whole matter back to the Department of Justice. The Department of Justice, as I understand it, reported the matter to the Treasury Department. Now, if the officers of the Treasurv De­partment have investigated this matter and come to the conclusion that this allowance is correct, I have not a word to say against it. But unless it ha-s passed through the various channels which investi­gate these matters, I shall oppose the appropriation. ~

Mr. WALDRON. I send up a letter from the First Comptroller of the Treasury, which will fully answer the question of the gentleman from Kentucky.

The Clerk read the letter, as follows: TREA.SUBY DEPARTMENT, FIRsT COMPTROLT.ER'S OFFICE,

Washington, D. 0., FeiYruary 5, 1877. Sm: In compliance with your request of this morning I have to state that in the

judicial investigation of the accounts of late Marshal W. A. Britton, of the west­ern district of .Arkansas, made pursuant to a resolution of tbe House of Repre· sentatives adopted June 9, 1874, the jury found that there was "dne and owing to the defendant, W. A. Britton, from the United States the sum of 68,772.57."

From said amount there will be retained in the Treasury on account of money received by the late marshal, the sum of f360.50, leaving due him from the United States a balance of $8,412.07.

In addition to said balance there is due the late marshal tbe sum of $500 for ad· vances made to the physician of the United States jail at Fort Smith. said amount having been deducted from the physician's aoco1.lllt, adjusted at the Treasury.

The amount of both balances has been included in an estimate submitted to Con· grass of money required to close accounts for expenses of courts for the year end· mg June 30, 1873; said estimate amounts to $30,000.

Very respectfully,

R. A. BURTON, esq., Attorney tor W: A. Britton.

R. W. TAYLER, Comptroller.

i877. CONGRESSIONAL REOORD-H<)USE. 1299 1\fr. DURHA.J\1. I withdraw the amendment. The Clerk resumed the reading of the bill, and read as follows: For payment of the necessary expenses incurred in defending snits a~t the

Secretary of the Treasury or hls agents for the seizure of captured or aoandoned property and for the examination of witnesses in claims against the United States pending in any Department, and for the defense of the United States in the Court of Claims, to be expended under the direction of the Attorney-General, being a defici.ency for the fiscal year 1877, $15,000.

; Mr. BELFORD. I move to insert at the close of that clause the following amendment: i For payment of salaries of the justices of the supreme court of the late Territory of Colorado, from the 1st day of August, 1816, to the 1st day of December, 1876, $3,000, or so much thereof a.s may be necessary.

· I desire to state, in relation to that amendment, that on the 3d of March, 1875, Congress passed a bill enabling the people of Colorado to form a State government, and the sixth section of that act pro­vided that the judges holding commissions should continue to act until their successors should be qualified. The President issued his proclamation admitting the State of Colorado into the Union on the 1st day of August last. These judges served until the 1st day of De­cember, 1876, their successors not having qualified until that time>. For that time they have received no salary from the Treasury. It seems to me that having performed these services as United States judges for six .monthS, the Governme~t should payth~m for the s~rv­ices rendered m that behalf. And this amendment srmply proVIdes that they shall be paid for the time thev actually served.

Mr. W A.LDRON. The legislative, &c., appropriation bill of the last session of Congress provided for the payment of the judges of Colorado so long as Colorado remained a Territory, and consequently they were paid up to the 1st of August, when the proclamation of the President of the United States admitted Colorado into the Union as a State under the law of Con~ess. It strikes me that any liability for the payment of their salar1es does not rest upon the United States.

Mr. BELFORD. I desire to say a word in reply to the gentleman from Michigan.

The CHAIRMAN. Debate is exhausted on the pending amend­ment.

The question was taken on the amendment; and on a division there were ayes 26, noes not counted.

So the amendment was not agreed to. The Clerk resumed the reading of the bill, and read as follows : For printing and binding for the Patent Office by the Public Printer, $25,000; and

so much of sections 490,491, and 492 of the Revised Statutes a.s authorizes and pro­vides for the printing for gratuitons distribution of specifications and drawings of patents is hereby repealed.

Mr. CONGER. I move, in line 179~ to strike out "$25,000" and to insert in lieu thereof "$41,000 ;"so that it will read:

For printing and binding for the Patent Office by the Public Printer, $41,000; and so much of sections 490,491, and 492 of the Revised Statutes as authorizes and provides for the printing for gratuitous distribution of specifications and drawings of patents is hereby repea.Ied.

I call the attention of the committee to the fact that the printing of the Patent Office is increasing year by year. For the last fiscal year Congress appropriated $115,000 for the printing of the Patent Office, anrl the appropriation now for the deficiency is $25,000. Ire­fer to the year before the current fiscal year. In the current fiscal year the appropriation was $96,000, and a little more was actually expended on the necessary printing of t,he Official Gazette and the specifications and drawings required by law. For this fiscal year Con­gress appropriated $55,937.73, leaving a difference between the actual expenditures of former years and the appr?p~ation for this year of over $41,000. The Committee on Appropnations have proposed to make up this deficiency to the extent of $25,000, leaving about $16,000 of necessary expenses unprovided for.

Now I desire to say that under the existing law the Official Gazette of the Patent Office is made the organ of the United States by law, and there are published in it all the specifications of patents, and this appropriation covers the printing of all the forms and blanks of the entire proceedings of the office. There would need to be, even if there were no increase in the business of the office of last year, an increased appropriation of over $16,000 w carry on the business of the Patent Office. The revenues of the Patent Office for the last fiscal

. year paid by the inventors of the country were $103,000 larger than the expenditures of the office, and there is now in the Treasury of the United States to-day more than $1,000,000 paid by the inventors of the country as fees, which under the law were required to be paid into the Treasury, more than the Treasury has been charged with for the support of the office. It is a self-sustaining and more than self-sustaining institution of the Government. Now the object of this publication is solely for the benefit of the inventors who pay this surplus into the Treasury of the United States. It is stated that

, the surplus for the current year over and above the expenditures of the office will be $127,600. Therefore it is right and it is necessary for carrying on the office that it should be appropriated out of the Treasury, which has within it a fund belonging to this Patent Office, and that they should be allowed all that is proper and necessary to lay before the inventors of the country all the information in regard to patents, all the specifications, &c., which may enable them to un­derstand inventions which have been made and to make their speci­fications for new inventions.

Let me say that H has been suggested by my colleague who has charge of this bill [Mr. WALDRON] that the remaining part of this paragraph provides for less printing, and therefore a less amount is needed to be appropriated. My colleague upon the Committee on Patents, who sits near me, [Mr. SAMPSON,] will move to strike out that portion of the paragraph for the very reason that the gratui­tous distribution spoken of in it, and which is to cea.se if the latter part of this clause be adopted, is the gratuitous distribution to the library of every State and to the public libraries in every congress­ional district throughout the States. That is the gratuitous distribu­tion which this bill seeks to do away with, a distribution which brings to the inventors of the entire country the Patent Office Gazette containing full information of the specifications and of new inventions.

[Here the hammer felL] The CHAIRMAN. The time of the gentleman has expired. Mr. WALDRON. It is true, as my colleague [Mr. CONGER] states,

that the Commissioner of Patents asked for a deficiency appropria­tion of $41,000. And judging by the expenditrrre for this purpose in the past, with no change of existing law, that amount of money would probably be necessary. But the Committee on Appropriations recommend an appropriation of only $25,000 for this purpose, and they couple with that recommendation a provision that will relieve the Patent Office to a great extent of the expense now incurred for these publications. It prohibits the gratuitous distribution hereafter of drawings and specifications of patents. If the paragraph is taken as a whole, and that provision is left in it, the appropriation of $25,000 is amply sufficient for the purpose.

Mr. SAMP-SON. I move to strike out the last word. The gentle­man from Michigan in charge of this bill [Mr. WALDRON] takes the position that the sum of $25,000 will be sufficient for this purpose, for the reason that the expense will be greatly reduced by providing that hereafter there shall be no further gratuitous distribution of these drawings and specifications.

I do not believe, Mr. Chairman, that this House is prepared to amend the patent law in that particular. I remember that but a day or two ago it seemed to be the object of the House to protect per­sons who had innocently interfered with patent rights a-nd had been using patent property. It has been heretofore, and is now, the policy of the law to advise the public of what has been patented in order that persons may not be led into any infringement of the rights of these patentees and the owners of patent property.

The only means of knowledge which the public now has of what may be patented are the drawings and specifications that may be on file in this city in the Patent Office, and on file in the capitals of the different States and Territories and in the public libraries of the coun­try. This law which this bill proposes to amend for the purpose of reducing expenditures provides that there shall be kept one copy of these drawings and specifications on file in the capital of each State and Territory, and also in the office of the clerk of the district court for each district. It further provides that libraries throughout the country may be supplied with these drawings and specifications by simply paying the cost of binding and transportation.

This enables the public to consult these libraries in the different States in the clerk's offices of the different district courts, in order to a-scertain what has been patented. If you deprive them of that right, if you take away from them that means of information, there is no other way to obtain it except to apply to an attorney ·in Washington City. Then they must come to Washington in order to determine whether there has been a patent issued or not.

It will be impossible for the public to determine what patent prop­erty they may use and what they may not use; and whenever there is an infringement they will be liable to damages.

Now I say it is but just and proper and right to the public that these specifications and drawings should be on file in the capitol of every State and Territory of this Union, and also on file in the office of the clerk of the district court of each district. We know that the courts of the United States have exclusive jurisdiction of this class of cases. It is frequently necessary to produce evidence in those courts. As the law now is, application can be made to the clerk of the court to procure this evidence, which is already there and certified, ready for introduction as evidence in the court. If you repeal this law, then it may be necessary for them to send to the city of Washington ancl procure these drawings and specifications before they can be intro­duced as evidence in these cases.

It is but just and right that 'this law should remain. When the vote shall have been taken upon the pending amendment, I propose to move an amendment striking out the latter part of this paragraph repealing the existing law. .

Mr. BLOUNT. The honorable gentleman from Indiana, [Mr. HoL­MAN,] not myself, had the principal charge of the appropriation of this bill. The reasons, however, upon which this paragraph is based are evident upon a reference to it. The sections of the Revised Statutes which it is proposed to repeal are the following:

SEC. 490. The Commissioner of Patents is authorized to have printed, from time to time, for gratuitous distribution, not to exceed one hundred and fifty copies of the complete specifications and dra.win~ of each patent hereafter issued, to[!;ether with suitable indexes, one copy to be pJaCed for free public inspection in each cap­itol of every State and Territory, one for the like purpose in the clerk's office of the district court of e~Wh judicial district of the Umted States, except when such offices are located in Sta,te or territorial capitols, and one in the Library of Con-

1300 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6,

greaa which copies shall be certified under the hand of the Commissioner and seal of th~ Patent Office, and shall not be taken from the depositories for any other purpose than to be used as evidence.

SEc. 4.91. The Comm.issioner of Patents is authorized to have printed such addi· tiona! numbers of copies of specifications and dra.win~s. certified as provided in the preceding section, at a price not to exceed the contract price for such drawings, for sale, as may be warranted by the actual demand for the same; and he is alSo au­thorized to furnish a complete set of such specifications and drawings to any pub­lic library which will pay for binding the same into volumes to correspond with those in the Patent Office, and for the transportation of the same, and which shall also provide for proper custody for the same, with convenient access for the public thereto under snell regulations as the Commissioner shall deem reasonable.

SEc. 492. The lithographing and engravinfl' required by the two preceding sections shall be awarded to the lowest and oest bidders for the interests of the Govern­ment, due regard being paid to theexecn?on ?f the work, ~r due ~vertisem.ent by the Congressional Prmter under the direction of the Jomt CoiDIDlttee on Print­ing; but the Jo~tCommittee on Printing !DRY empower t!J.e Cm:~~i~nalPrinter to make immediate contracts for engravmg, whenever, m their oprmon, the ex­igencies of the public service will not justify waitin~ for advertisement and award; or if in the judgment of the Joint Committee on Printing, the worlr; can be per­fo~ed under the direction of the Commissioner of Patents more advantageously than in the manner above prescribed, it shall be so done, under such limitations and conditions as the Joint Committee on Printing may from time to time prescribe.

The Committee on Appropriations see no necessity for supplying every library in every congressional district with these drawings and specifications free of charge. A large number of them are scarcely ever referred to for any purpose. The committee have thought t.hat this appropriation should be reduced because there was no necessity for this gratuitous distribution. It is a charge upon the General Government, and parties if they want this information could·resort to the Department in this city and obtain it. It is a matter of their own concern, and not belonging to the people at large, to put this in­formation in every possible pia~ that can be conceived of simply to increase the amount of expenditures here.

Mr. VANCE, of North Carolina. Will the gentleman allow me to ask him a question 7

Mr. BLOUNT. Certainly. Mr. VANCE, of North Carolina. The gentleman says that the fur­

nishing of these drawings and specifications is a charge upon the General Government. How does he make that out when the invent­ors of the country not only pay all the expenses of the Patent Office but a large snrplus besides t

Mr. BLOUNT. If the gentleman will take into account all the ex­penditures connected with the Patent Office he will find that all this eclat in reference to that office paying its own expenses is utterly false.

Mr. SAMPSON. I withdraw my amendment. Mr. CONGER. I reuew the amendment. Gentlemen of the com­

mittee place this question on fair grounds; I have no fault to find in that respect. Whether this is a change of law in the interest of economy or not I am willing to leave the question to the judgment of every gentleman in this House who, within his own district, has seen the benefits of this gratuitous distribution. The existing law on this subject wa-s passed in compliance with the demand of inventors of every State in this Union, except one, and from every Territory; upon such applications it was recommended by the Committee on Patents and was made the law of the land. Underthislawwehave the right to have in the library at each State capitol and in the office of the clerk of each district court one copy of this report; and every public and collegiate library in the State is also entitled to one copy.

Mr. BLOUNT. Not every collegiate library. Mr. CONGER. Well, every public library. Thus places are pro­

vided to which men can go and obtain information in regard to these patents. · Every member of this House has the right to designate eight libraries in his district, (if there be so many,) each of which may receive gratuitously one copy of the Official Gazette containing the specifications and drawings.

Now, I am in the habit of receiving during every session hundreds of letters of constituents of my own or other gentlemen, asking in regard to matters contained in these Official Gazettes; and I say that no more definite and exact means has ever been provided by which farmers, mechanics and business men throughout the country can meet successfully the att-empted fraud of imposters in regard to in­ventions. When men offer for sale fraudulent patents these records in the libraries and courts can be turned to and will show whether such patents have been issued and whether they are properly de­scribed. I venture to say that hundreds and thousands of dollars which wonld have been obtained by fraudulent venders of patents have been saved to the public through having these volumes in the district courts and the public libraries for ready-reference. To these sources we all refer our constituents. In this way there is furnished the greatest check ever yet provided upon itinerant venders of false or fraudulent or assigned patents in the agricultural and rural dis­tricts.

I hope that the amendment I have offered may be adopted, and that the amendment of my colleague providing aO'ainst any altera­tion of the law in this respect may also be adopted. I believe that the continuance of this system, which thus fur has proved so bene­ficial, is o! great importance to the people.

One word more. Prior to the passage of this law the Government was compelled to pay largely for publishing in one newspaper of every State what is now published in the Official Gazette. Prior to the publication of the Official Gazette and the adoption of the photolitho­graphing process, every copy of the drawings and the specifications, which now cost less than five cents a :piece, cost from.$1 to $5. Under

a former law fifty copies of all these specifications were distributed to members to be sent to their constituents. Thus there is a great saving to the Government in the expenditures f~r the Patent Office.

L Here the hammer fell.] Mr. CONGER. I withdraw my formal amendment. Mr. WALDRON. I renew the amendmenb. There is nothing in

this provision of the bill that interferes at all with the publication of these drawings and specifications for sale; there is nothing in the provision that interferes with their publication for the use of public libraries at the cost of bindin~ and printing. The only effect of the provision is to prohibit their gratuitous distribution to libraries at State capitals and to the offices of the clerks of the different district courts. I think that experience has shown that litigants in patent cases have never availed themselves of these drawings and specifications deposited at State capitals and in the offices of the dis­trict courts, but have in all cases sent to the Patent Office here for certified copies. The publication of these drawings and specifications for gratuitous distribution is intended to be repeaJed by this section, and that I regard as a useless expenditure. I trust, therefore, that the Committee of the Whole will stand by the recommendation of the Committee on Appropriations.

Mr. CONGER. One word inreplyto my colleague, [Mr. WALDRON.] Our laws declare that this Official Gazette shall be taken as evidence in all courts. In this respect it has the same rank as a certified copy from the Patent Office, and it is thus used to-day in all courts as the authentic copy of the transactions of that office. In this way thou­sands of dollars have been saved to litigants. ;

Mr. TOWNSEND, of Pennsylvania. I would like to ask the gentle­man from Michigan what is the cost of these additional copies which we propose to save by this provision t

Mr. CONGER. It is supposed to be $16,000. Mr. TOWNSEND, of Pennsylvania. There are only one hundred

and fifty copies. t Mr. CONGER. Sixteen thousand dollars for whatever number of

copies are furnished gratuitously. Mr. TOWNSEND, of Pennsylvania. Only one hundred and fifty

copies are authorized to be thus issued; the expense cannot be $16,000. Mr. SAMPSON obtained the :floor. Mr. TOWNSEND, of Pennsylvania. I would like to ask the gen­

tleman what amount of money will be saved by making this change in the law!

Mr. SAMPSON. The gentleman from Pennsylvania [Mr. ToWN­SEND] makes the inquiry what it will cost to supply the libraries at the different State capitals with one copy each of this Official Gazette, and also to file one copy in the office of the clerk of each district court. It will cost $375 annually. I think that is a fair estimate.

Mr. TOWNSEND, of Pennsylvania. The whole amount! Mr. SAMPSON. Yes sir ; the whole amount to supply a library in

each State capital and a~o one to the clerk's office of the district court. Mr. TOWNSEND, of Pennsylvania. What would be the aggre-

gai;r: SAMPSON. Taking this and the other section, and eight copies to each member, the whole cost would be about 15,000.

Mr. TOWNSEND, of Pennsylvania. Members do not get copies. Mr. SAMPSON. Eight copies of this Official Gazette are distributed

to each member; that is to saY_t he names the libraries and they are distributed to such libraries. lncluding in the number those called for by other libraries the whole amount would be about $15,000.

As I understand it, the gentleman from Michigan in charge of the bill takes the position this will not interfere with the distribution to those libraries willing to pay for binding and transportation. Now, I find on examination it repeals that provision by which libraries can obtain copies of this Patent Office Gazette by paying for binding and transportation.

[Here the hammer fell.] Mr. WALDRON, by unanimous consent, withdrew his formal amend­

ment to the amendment. The question then recurred on Mr. WALDRON'S amendment. The House divided; and there were-ayes 38, noes 56; no quorum

voting. Mr. CONGER demanded tellers. 1\Ir. CLYMER moved the committee rise. The motion was agreed to. The committee accordingly rose; and the Speaker having resumed

the chair, Mr. EDEN reported that· the Committee of the Whole on the state of the Union had, according to order, had under considera­tion a bill (H. R. No. 4559) making appropriations to supply defi­ciencies in the appropriations forthefiscalyearending June 30, 1877, and for prior years, and for other purposes, and had come to no reso­lution thereon.

Mr. CLYMER. I move the Honse take a recess until ten o'clock to-morrow morning. .

The SPEAKER. Pending that the Chair desires to lay before the House certain communications.

CAPTAIN THOMAS n. BRAD:LEY.

TheS PEAKER, by unanimous consent, la.id before the House a let­ter from the Secretary of War, transmitting a report on the services of Captain Thomas H. Bradley; which was referred to the Committee on Military Affairs.

1877. CONGRESSIONAL RECORD-HOUSE. 1301 UNION PACIFIC RA.n.WAY.

The SPEAKER also, by unanimous consent, laid before the House a letter from the Secretary of War, transmitting a. report on the sur­vey of the Union Pacific Railway; which was referred to the Com­mittee on the Pacific Railroad.

ARMY ESTIMATES. • The SPEAKER also, by unanimous consent, laid before the House a letter from the Secretary of War, transmitting estimates for the support; of the Army for the fiscaliear endin~ June 30, 18i8; which was referred to the Committee on ppropriat10ns.

FORT PECK INDIANS.

The SPEAKER also, by unanimous consent, laid before the House a letter from the Secretary of the Interior, transmittirig estimates of appropriation for Fort Peck Indians; which was referred to the Com­mittee on Appropriations.

• MIDIO.RIAL OF POTTAWATOMIES. The SPEAKER also, by unanimous consent, laid before the House

a letter from the Secretary of the Interior, transmitting a memorial of the Pottawatomies in regard to payments under treaty; which was referred to the Committee on Indian Affairs.

POST-ROUTE BILL. The SPEAKER also announced that he had appointed Mr. CLARK

of Missouri, Mr. HOLMAN, and Mr. CANNON of Illinois as conferees on the part of the House on the diBa~reeing votes of the two Houses on the bill (H. R. No. 3628) establishing post-roads.

JOHN C. REA AND OTHERS. On motion of Mr. GUNTER, by unanimous consent, leave was

granted for the withdrawal from the files of the House of the papers in the case of John C. Rea and others, no adverse report having been made.

LEAVE OF ABSENCE. By unanimous consent, leave of absence was granted to Mr. JOHN

REILLY, for one day. ORDER OF BUSIN,ESS.

Mr. JENKS. I ask my colleague to yield to me. Mr. CLYMER. I yield to my colleague to make a request. Mr. HALE. I demand the regular order of business. Mr. VANCE, of Ohio. I rise to a parliamentary inquiry. Is it un­

derstood when the House takes a recess until ten o'clock to-morrow it is then to take another recess until five minutes before twelve f

The SPEAKER. No understanding of that sort has been reached. Mr. VANCE, of Ohio. I ask then, by unanimous consent, some such

arrangement be made, so committees may have opportunity to meet. The SPEAKER. Is there objection that when the House meets

to-morrow at ten o'clock there shall be no business transactions, but a recess shall be taken until five minutes before twelve f

There was no objection, and it was ordered accordingly. Mr. HALE. That being done, I withdraw the demand for the regu­

lar order. LOUISIANA COMMITTEE.

Mr. JENKS. I am instructed by the special committee appointed to investigate the election of the presidential electors in the State of of Louisiana to report to the House the testimony taken by that com­mittee, and to ask that all such testimony which hasnot been prin:ted be printed.

Mr. HALE. Is that by agreement of all the members of the com­mitteef

The SPEAKER. The committee have the right to report at any time.

Mr. HALE. The privilege to report at any time is to report gen­erally on a subject. I have no objection, however, to this if the committee agree to it. 1 The SPEAKER. The Chair would rule under the right to report at any time the committee has the right to report a resolution to print the testimony taken. 1 Mr. HALE. Does this exhaust their right f

The SPEAKER. The Chair would suggest to the gentleman from Maine that the committee having the right to report at any time, have the right to report in part.

Mr. HALE. Have they the right to report from time to time and keep on reporting Y

The SPEAKER. Such ha.s been the ruling. Mr. HALE. Then we must be more careful in giving such author­

ity hereafter. The SPEAKER. If there be any compJ.a,in,t, it does not lie against

the gentleman from Maine nor the Chair, as the power granted in this case was given under a suspension of the rules.

Mr. WILSON, of Iowa. I wish to say to the gentlemen of that committee that if this committee is now reporting generaJ.ly I want them to give us some information about the outrage which I believe has been perpetrated upon the privileges of this House, relating to the printing of testimony taken, by a private printer and not by the Public Printer.

The SPEAKER. Is that inquiry propounded to the Chair T Mr. WILSON, of Iowa. No, buttothecommittee. Iwanttoknow

if there is any truth in the reports which have appeared in the pub-

• t

lie press that they have printed a portion of the testimony without · an order of the House.

Mr. DANFORD. Is this anything more than a request upon the part of the committee to print the testimony now received by them f

The SPEAKER. That is all. Mr. JENKS. I demand the previous question on the resolution. Mr. CONGER. I object, unless I can be heard for a moment. The SPEAKER. The Chair is desirous of hearing everybody who

desires the right to speak. Mr. CONGER. Reserving the ri~ht to object to this resolution, I

wish to say that it calls for the pnnting of such parts of the testi­mony as have not been already printed. I am informed that a por­tion of that testimony, mutilated and partially erased, has been printed, not by an order of the House, but by a private printer. It may be that this resolution is not in the regular form ordering the printing of testimony. I insist that it must be in the usual form.

Mr. JENKS. That state of facts does not exist in reference to the report of this committee.

Mr. CONGER. 1 am informed that the matter to which I refer re­lates to another committee, and if so, I do not wish to apply my ob­jections to this case.

Mr. DANFORD. It does not apply to this case. Mr. BANKS. I ask that the resolution be again read. The resolution was again read. Mr. JENKS. The resolution is before the House, and I move the

previous question upon it. The previous question was seconded and the main question ordered;

and under the operation thereof the ressolution was agreed to. Mr. JENKS moved to reconsider the vote by which the resolution

was adopted; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to. SALARY OF A MEMBER OF CONGRESS.

Mr. CAULFIELD, by unanimous consent, from the Committee on the Judiciary, submitted the following resolution; which was re~ considered, and agreed to:

Resolved, That the salary of JAMES B. BELl'ORD, the member from the new State of Colorado, shall begin from the date of his election, to wit, the 3d day of Octo­ber, 1876.

Mr. CAULFIELD moved to reconsider the vote by which the resolu~ tion was adopted; and also moved that the motion·to reconsider be laid on the table.

The latter motion was agreed to. ;EXECUTIVE DOCUMENT NO. 1182.

Mr. Bil"'NING, by unanimous consent, from the Committee on Mili­tary Affairs, reported back Executive Document No.l182, and moved that the Committee on Military Affairs be discharged from the further consideration of the same, and that it be referred to the Committee on Appropriations.

The motion was agreed to. JAMES CULLIN.

Mr. STONE, by unanimous consent, introduced a bill (H. R. No. 4595) granting a pension to James Cullin, father of the late Timothy Cullin, private in Company E, Second Battalion Seventy-eighth Regiment of United States Infantry; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed.

JAMES MACKLIN. Mr. WILLIS, by unanimous consent, introduced ·a bill (H. R. No.

4596) for the relief of James Ma-cklin, a lieutenant of the Eleventh Infantry United States Army; which was read a. first and second time, referred to the Committee on Militay Affairs, and ordered to be printed;

MARY SHERIDAN.

Mr. WffiLIS also, by unanimous consent, introduced a bill (H. R. No. 4597) granting a pension to Mary Sherida.n, mother of James Sheri­dan; which was read a first and second time, referred to the Com­mittee on Invalid Pensions, and ordered to be printed.

ROBERT BUTLER. Mr. WILLIS also, by unanimous consent, introduced a. bill (H. R.

No. 4598) granting a pension to Robert Butler; which was read a first and second time, referred to the Committee on Invalid Pensions, and ordered to be printed.

WILLIAM A. BRITTON. On motion of Mr. McCRARY, by unanimous consent, the Commit­

tee on the Judiciary was discharged from the further consideration of the memorial of William A. Britton, of the western district of Arkansas, and the same was referred to the Committee on Appro­priations.

ORDER OF BUSINESS. Mr. THROCKMORTON. I rise to make a parliamentaxy inquiry.

The bill regulating freights over the Omaha bridge upon the Union Pacific Railroad was made the special order for to-day, and I would. liko to inquire if it would not be the regular order Y

The SPEAKER. The gentleman from Texas rises to inquire whether the OmMa bridge bill, which was assigned for Tuesday the

1302 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6,

6th day of February, is not now in order. That day has not been reached and the gentleman a-sks unanimous consent that that bill may be considered when next we shall have a. day after the morning hour. Is there objection f The Chair hears none, and it is so ordered.

W. H. CUMMINS.

Mr. KASSON, by unanimous consent, introduced a bill (H. R. No. 4599) granting a pension to W. R. Cummins, late a private in Com­pany H, Eighth Iowa Infantry Volunteers; which was read a first and second time, andz with the accompanying papers, referred to the Committee on Invali<1 Pensions, and ordered to be printed.

AMERICAN REGISTRY TO A BRITISH BARK.

Mr. CRAPO, by unanimous consent, introduced a. bill (H. R. No. 4600) granting American registry to the British bark W. A. Farns­worth, and changing the name of said vessel to The Lapwing.

SARAH WHARTON.

Mr. FL YE, by unanimous consent, introduced a bill (H. R. No. 4601) granting a pension to Sarah Wharton ; which wa-s read a first and second time, referred to the Committee on Invalid Pensions, and or­dered to be printed.

CAPITOL GROUNDS.

Mr. LEAVENWORTH, by unanimous consent, submitted the fol­lowing resolution; which was rea-d, and referred to the Committee on Public Buildings and Grounds: ' Whereas it is a. matter of great public interest that the beautiful but compara­tively naked grounds about the Capitol should be adorned with trees and shrub­bery at the earliest practicable day;

And whereas the persons now employed to accomplish this very desirable object seem to be profoundly ignorant of the first elements of the science of arboricnlt­nre; this appears:

First, by their neglect to remove all superfluous branches; Second.· by omitting to form symmetrical heads to the trees· and Third, by neglect w cut in the branches which form the h;;ds, in consequence of

which neglect a very unusual and unnecessary proportion of said trees, amounting in some parts of the grounds to one-half, have died, and those which have survived have no beauty of form and little constitutional vigor: Therefore,

Resolved, That the Committee on Public Buildings and Grounds be, and they are hereby, instructed to inquire into the necessity of causing some suitable person to be ~mployed to perform this important work.

MARTHA E. BETTIS.

Mr. RIDDLE, by 'unanimous consent, introduced a bill (H. R. No. 4602) for the relief of Mrs. Martha E. Bettis, of Sumner County, Ten­nessee; which wa-s read a first and second time, referred to the Com­mittee on War Claims, and ordered to be printed.

BYD:NEY F. STILLEY.

:Mr. HYMAN, by unanimous consent, introduced a. bill (H. R. No. 4G03) for the relief of Sidney F. Stilley, late postmru:~ter at Washing­ton, North Carolina; which was read a first and second time, referred to the Committee of Claims, and ordered to be printed.

E. R. AMES.

Mr. SPRINGER, by unanimous consent, introduced a bill (H. R. No. 4604) to authorize the President to re-instate E. R. Ames, late captain Sixth Infantry, and assign him to a regiment; which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed.

l'tiTLO M. ADAl\IS.

Mr. SPRINGER also, by unanimous consent, introduced a bill (H. R. No. 4605) granting an honorable discharge to Milo M. Adams, of Company B, One hundred and eleventh Regiment Pennsylvania Volunteer Infantry; which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed.

OWEN T. EDGAR AND OTHERS.

Mr. WILLIAMS, of Delaware, by unanimous consent, introduced a bill (H. R. No. 4606) for the relief of Owen T. Edgar, Charles G. Evans, William W. Graham, Charles B. Smith, and the heirs of Jo­seph J. P. Ouidan; which was read a firsi and second time, referred to the Committee of Claims, and ordered to be printed.

ARCTIC EXPLORATION.

1t!r. SAYLER. I ask unanimous consent to present at this time a memorial from the Chamber of Commerce of Cincinnati, and as it is very brief I will ask that it be printed in the RECORD. • Mr. CONGER. What is the subject of itT I want to know before we give consent. · • Mr. SAYLER. It relates to a bill providing for another explora­tion to the north pole.

Mr. CONGER. I have no objection. No objection being made, the memorial was received, referred to

the Committee on Naval Affairs, and ordered to be printed in the RECORD. It is as follows:

CINCINNATI CHAMJlER OF COMMERCE AND MERCHANTS' EXCHANGE, February 2, 1877.

At a regular session of the Cincinnati Chamber of Commerce, held this day, the following resolutions were adopted: "To the honorable Senate and House of Represmtatives of the United States of A mer­

ica in Oongress as&embled : "Whereas the Cincinnati Chamber of Commerce, whoseprovincerelates specially

to commerce a.nd trade, is assured that the security and extension of the commerce of the world depend largely upon ooc~te information .respeotjng the physics of

the globe, and that most of snob information already acquired has been facilitated by observations made within the arctic regions, and that the benefits accruing di­rectly and indirectly to the commerce of the world from polar explorationa are more than equal to the money expended in snob explorations : Therefore,

"Be it resolved, That we, in the interest of science as well as in behalf of commerce and trad~mutnally and inseparably linked t-ogether-heartily approve and re­spectfully urge the passage of the bill providing for another and eminently prao· tioable expedition toward the north pole for fnrposes of exploration and the es­tabliihment of a colony at some point north o thu ei~ty-fi.rst degree of north lat­itude.

"Resolved, That we heartily approve of an appropriation of $50,000 by the Gen· eral Government for this purpose.

"Resolved, That a copy Of the foregoing preamble and resolutions be transmitted to our Senators and Representatives in uongress.

A true copy from the minutes of the chamber. B. EGGLESTON\.....President.

[sEAL.) BRENT ARNOL.u, Secretary. HELEN M. STANSBURY.

Mr. RAINEY, by unanimous consent, from the Committee on In­valid Pensions, reported back, with a favorable recommenda.tion1 the bill (S. No. 832) to increase the pension of Helen M. Stansbury; which was referred to the Committee of the Whole on the Private Calendar . .

Mr. RAThTEY. The Committee on Invalid Pensions have adopted the report of the Senate Committee on Pensions upon this bill, and I ask that it be reprinted for the use of the House.

No objec+:i.on being made, it was so ordered. MARGARET A. GILLE:M.

Mr. RAINEY also, by unanimous consent, reported from the same committee adversely upon the petition of Mrs. Margaret A. Gillem, praying for an increase of pension; which was laid on the table and the accompanying report ordered to be printed.

UNCLAI.l'fED PUBLIC LANDS.

Mr. PHILLIPS, of Kansas, by unanimous consent, introduced a bill (H. R. No. 4607) to provide for the disposition of unclaimed public lands; which was read a first and second time, referred to t.he Com­mittee on Public Lands, and ordered to be printed.

FORT HALL INDIAN RESERVATION.

Mr. FENN, by unanimous consent, presented the memorial of the Legislative Assembly of the Territory of Idaho, for reducing the lim­its of the Fort Hall Indian reservation; which was referred to the Committee on Indian Affairs, and ordered to be printed.

W. S. M7COMB.

Mr. BLOUNT. I ask unanimous consent to take from the Speaker's table for consideration at this time Senate bill No. 286, for the relief of W. S. McComb, of the State of Georgia.

The bill, which was read, directs the proper accounting officer of the Treasury to audit and settle the claim of W. S. McComb, of the State of Georgia, for furnishin~ stable-room for Government animals after the suppression of hostilities in the late war, and for which a voucher now on file in the Trea-sury Department was given, and to allow him the sum of $195, the amount named in the voucher.

Mr. CONGER. That should go to the Private Calendar. Mr. RUSK. Let it be referred to some committee. Mr. BLOUNT. If there is objection to its present consideration,

I will ask that it be referred to the Committee on Military Affairs. Mr. EDEN. It should go to the Committee on War Claims. Mr. BLOUNT. It is a matter that came up since the war, and

should go to the Committee on Military Affairs. Mr. WILSON, of Iowa. The bill says that there is a voucher on

file for that amount of money, and it must be an exception to the ~eneral rule.

Mr. CONGER. Let it go to a. committee. Mr. BLOUNT. It wru:~ before a Senate committee and passed with­

out objection. Mr. CONGER. Let it go to a House committee. Mr. BLOUNT. Then I ask that it be referred to the Committee on

Military Affairs. No objection being made, the bill was taken from the Speaker's

table, read a first and second time, and referred to the Committee on Military Affairs, not to be brought back on a motion to reconsider.

PENSION BILLS.

Mr. BAGBY, by unanimous consent, from the Committee on Invalid Pensions, reported back with a favorable recommendation the follow­ing bills; which were referred to the Committee of the Whole on the Private Calendar, and the accompanying reports ordered to be printed:

A bill (S. No. 813) granting a pension to Lawrence P. N. Landrum; A bill (S. No. 882) granting a pension to Stillman E. Diggs, of

Hampton, Virginia; and A bill (S. No. 980) granting a pension to Irena Garrett.

SURVEY OF UNION PACIFIC RAILWAY.

The SPEAKER, by unanimous consent, laid before the House a letter from the Secretary of War, transmitting a report of the survey of the Union Pacific Railway; which wru:~ referred to the Committee on the Pacific Railroad, and ordered to be printed.

LUCY A. BARKER.

Mr. WATTERSON, by unanimous consent, introduced a bill (H. R. No. 4608) for the benefit of the heirs of Lucy A. Bark_er; which wru:~ read a first and second time, referred to the Committee on War Claims, and o:rdereQ. to be printed,

1302 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 6~

6th day of February, is not now in order. That day has not been reached and the gentleman asks unanimons consent that that bill may be considered when next we shall have a day after the morning hour. Is there objection f The Chair hears none, and it is so ordered.

W. H. CUMMINS.

Mr. KASSON, by unanimons consent, introduced a bill (H. R. No. 4599) granting a pension toW. H. Cummins, late a private in Com­pany H, Eighth Iowa Infantry Volunteers; which was read a first and second time, and, with the a{}companying papers, referred to the Committee on Invalid Pensions, and ordered to be printed.

Al\IERICAN REGISTRY TO A. BRITISH BARK.

Mr. CRAPO, by unanimous consent, introduced a bill (H. R. No. 4600) granting American registry to the British bark W . .A. Farns­worth, and changing the name of said vessel to The Lapwing.

SARAH WHARTON.

l\Ir. FL YE, by unanimous consent, introduced a bill (H. R. No. 4601) granting a pension to Sarah Wharton ; which was read a first and second t ime, referred to the Committee on Invalid Pensions, and or­dered to be printed.

CAPITOL GROUNDS.

Mr. LEAVENWORTH, by unanimous consent, submitted the fol­lowing resolution; which was read, and referred to the Committee on Public Buildings and Grounds: ' Whereas it is a. matter of great public interest that the beautiful but compara­tively naked grounds about the Capitol should be adorned with trees and shrub­bery at the earliest practicable day;

And whereas the persons now employed to a{lcomplish this very desirable object seem to be profoundly ignorant of the first elements of the science of arboricult­ure ; this appears :

First, by their n eglect to remove all superfluous branches; Second, by omitting to form symmetrical heads to the trees- and T hird, by neglect to cut in the branches which form the h~. in consequence of

which neglec t a very unusual and unnecessary proportion of sald trees, amounting in some parts of the grounds to oue-half, have died, and those which have survived have no beauty of form and little constitutional vigor: Therefore,

.Resolved, That the Committee on Public Buildings and Grounds be, and they are hereby, instructed tQ inquire into the necessity of causing some suitable person to be ~mployed to perform this important work.

MARTHA. E. BETTIS.

Mr. RIDDLE, by unanimous consent, introduced a bill (H. R. No. 4602) for the relief of Mrs. Martha E. Bettis, of Sumner County, Ten­nessee; which was read a first and second time, referred to the Com­mittee on War Claims, and ordered to be printed.

SYD~EY F. STILLEY.

Mr. HYMAN, by unanimous consent, introduced a bill (H. R. No. 4G03) for the relief of Sidney F. Stilley, late postmaster at Washing­ton, North Carolina; which was read a first and second time, referred to the Committee of Claims, and ordered to be printed.

E. R. AMES.

1\Ir. SPRINGER, by unanimous consent, introduced a bill (H. R. No. 4604) to authorize the President to re-instate E. R . .Ames, late captain Sixth Infantry, and assign him to a regiment; which was read a first and second t ime, referred to the Committee on Military Affairs, and ordered to be printed.

MILO M. ADAMS.

:Mr. SPRINGER also, by unanimous consent, introduced a bill (H. R. No. 4605) granting an honorable discharge to Milo M. Adams, of Company B, One hundred and eleventh Regiment Pennsylvania Volunteer Infantry; which was read a first and second time, referred to the Committee on Military Affairs, and ordered to be printed.

OWEN T. EDGAR AND OTHERS.

Mr. WILLIAMS, of Delaware, by unanimous consent, introduced a bill (H. R. No. 4606) for the relief of Owen T. Edgar, Charles G. Evans, William W. Graham, Charles B. Smith, and the heirs of Jo­seph J. P. Onidan; which was read a fir~ and second time, referred to the Committee of Clai.In&, and ordered to be printed.

ARCTIC EXPLORATION.

Mr. SAYLER. I ask unanimons consent to present at this time a memorial from the Chamber of Commerce of Cincinnati, and as it is very brief I will ask that it be printed in the RECORD. • Mr. CONGER. What is the subject of it f I want to know before we give consent. · • 1\Ir. SAYLER. It relates to a bill providing for another explora­tion to the north pole.

1\Ir. CONGER. I have no objection. No objection being made, the memorial was received, referred to

the Committee on Naval .Affairs, and ordered to be printed in the RECORD. It is as follows :

CINCINNATI CHAMBER OF COMMERCE AND MERCHANTS' EXCIIA.NGE, February 2, 1877.

At a regular session of the Cincinnati Chamber of Commerce, held this day, the following resolutions were adopted : " To the honorable Senate and House of RepresentatitJes of the United States of Amer­

ica in Oongress as1embled : "Whereas the Cincinnati Chamber of Commerce whose province relates specially

to commerce and trade, is assured that the securitY and extension of the commerce of the world depend la.rgely npon ncc~te information .re~ecting the physics of

the clobe, and that most of such information already acquired has been facilitated by ooservations made within the arctic regions, and that the benefit.s accruing di­rectly and indirectly to the commerce of the world from polar explorations are more than equal to the money expended in such explorations : Therefore,

"Be it resolved., That we, in the interest of science as well as in behalf of commerce and trad~mutually and inseparably linked tQgether-heartily approve and re­spectfully ur~ the passage of the bill providing for another a.nd eminently prac­ticable eXpedition toward the north pole for furposes of exploration and the es­tabli8hment of a colony at some point north o tht~ ei~hty-first degree of north lat­itude.

".ResoltJed, That we heartily approve of an appropriaiion of f5(>,000 by the Gen­eral Government for this purpose.

".ResoltJed, That a copy of the foregoing preamble and resolutions be transmitted to our Senators and Representatives in Congress.

A true copy from the minntes of the chamber.

[SEAL.) B. EGGLESTO~~,...,.President. BRENT ARNOL!J, Secretary.

HELEN M. STANSBURY.

Mr. RAINEY, by unanimous consent, from the Committee on In­valid Pensions, reported back, with a favorable recommendation, the bill (S. No. 832) to increase the pension of Helen M. Stansbury; which was referred to the Committee of the Whole on the Private Calendar.

Mr. RAINEY. The Committee on Invalid Pensions have adopted the report of the Senate Committee on Pensions upon this bill, and I ask that it be reprinted for the nse of the House.

No objec~on being made, it was so ordered. MARGARET A.. GILLE~r.

Mr. RAINEY also, by unanimous consent, reported from the same committee adversely upon the petition of Mrs. Margaret A. Gillem, praying f'or an increase of pension; which was laid on the table and the accompanying report ordered to be printed.

UNCLAL"'\fED PUBLIC LANDS.

Mr. PHILLIPS, of Kansas, by unanimous consent, introduced a bill (H. R. No. 4607) to provide for the disposition of unclaimed public lands ; which was read a first and second time, referred to t-he Com­mittee on Public Lands, and ordered to be printed.

FORT HALL INDIAL"'i RESERVATION •

Mr. FENN by unanimons consent, presented the memorial of the Legislative ~embly of the Territory of Idaho, for reducing the lim­its of the Fort Hall Indian reservation; which was referred to the Committee on Indian Affairs, and ordered to be printed.

W. S. M'COMB.

1\Ir. BLOUNT. I ask unanimous consent to take from the Speaker's table for consideration at this time Senate bill No. 286, for the relief of W. S. McComb, of the State of Georgia.

The bill, which was read, directs the proper accounting officer of the Treasury to audit and settle the claim of W. S. McComb, of the State of Georgia, for furnishin~ stable-room for Government animals after the suppression of hostilities in the late war, and for which a voucher now on file in the Trea~ury Department was given, and to allow him the sum of $195, the amount named in the voucher.

Mr. CONGER. That should go to the Private Calendar. Mr. RUSK. Let it be referred to some committee. :Mr. BLOUNT. If there is objection to its present consideration,

I will ask that it be referred to the Committee on Military .Affairs. 1\Ir. EDEN. It should go to the Committee on War Claims. Mr. BLOUNT. It is a matter that came up since the war, and

should go to the Committee on Military Affairs. Mr. WILSON, of Iowa. The bill says that there is a voucher on

file for that amount of money, and it must be an exception to the ~eneral rule.

Mr. CONGER. Let it go to a committee. 1\Ir. BLOUNT. It was before a Senate committee and passed with­

out objection. Mr. CONGER. Let it go to a Honse committee. 1\-Ir. BLOUNT. Then I ask that it be referred to the Committee on

Military Affairs. No objection being made, the bill was taken from the Speaker's

table, read a first and second time, and referred to the Committee on Military Affairs, not to be brought back on a motion to reconsider.

PENSION BILLS.

1\Ir. BAGBY, by unanimous consent, from the Committee on Invalid Pensions, reported back with a favorable recommendation the follow­in~ bills ; which were referred to the Committee of the Whole on the Pnvate Calendar, and the accompanying reports ordered to be printed:

.A bill (S. No. 813) granting a pension to Lawrence P. N. Landrum;

.A bill (S. No. 882) granting a pension to Stillman E. Diggs, of Hampron,Virginia; and

.A bill (S. No. 980) granting a pension to Irena Garrett. SURVEY OF UNION PACIFIC RAILWAY.

The SPEAKER, by unanimous consent, laid before the House a letter from the Secretary of War, transmitting a report of the survey of the Union Pacific Railway; which was referred to the Committee on the Pacific Railroad, and ordered to be printed.

LUCY A.. BARKER.

1\Ir. 'VATTERSON, by unanimous consent, introduced a. bill (H. R. No. 4608) for the benefit of the heirs of Lucy A. Bark~r; which was read a first and second time, referred to the Committee on War Claims, and ordered to be printed,

1877. CONGRESSIONAL RECORD-HOUSE. 1303 IND~S IN NEW YORK, NORTH CAROLINA, AND MICffiGAN.

Mr. SEELYE. I ask unanimous consent to report back from the Committee on Indian Affairs a bill to which I think there will be no objection, and to ask for its consideration at this time.

The title of the bill was read, aa follows : A bill (H. R. No. 3593) to provide for the transfer to the States of

Michigan, New York, and North Carolina of the care and custody of the Indians and their lands now found within those States.

The bill was read, as follows : Be it tnacted, cl:c., That the Secretary of the Interior be, and is hereby, author­

ized to negotiate with the governors of the States of Michigan, New York, and North Carolina, and with tlie Indian tiibes occupying reservations within said States, for a transfer to these States respectively of the special guardianship now exeroised by the United States over these Indians and their lands.

SEC. 2. That whenever it shall appear that either of the States aforesaid will ac­cept the care and custody of the Indians and their lands within its borders, and the Indians shall give their assent to the same, the special guardianship now exercised by the Utrited States over these Indians and their lands sha.ll cease; and the an­nual interest upon all stocks and bonds now held in trust for such Indians by the United States shall tbenceafter be paid to such officer of the said State as may be authorized to receive the same.

Mr. PHILLIPS, of Kansas. I object. Mr. O'BRIEN. I call for the regular order. The SPEAKER. The regular order is the motion of the gentle­

man from Pennsylvania [Mr. CLYMER] that the House take a recess until to-morrow morning at ten o'clock.

Mr. CONGER. Will the Chair plea-se state the understanding as to the order of business when we meet to-morrow Y

The SPEAKER. The understanding is, that at ten o'clock to-mor­row morning there shall be a further recess until five minutes before twelve o'clock.

The motion of Mr. CLYMER was agreed to; and accordingly (at three o'clock and thirty minutes p.m.) the House took a recess until ten o'clock a.m. to-morrow.

PETITIONS, ETC.

The following petitions, &c., were presented at the Clerk's desk under the rule, and referred aa stated :

By Mr. AINSWORTH : The petition of 103 citizens of Adel, Iowa, for the repeal of the bank-tax laws, to the Committee of Ways and Me~. ·

By Mr. J. H. BAGLEY: Three petitions from citizens of Illinois, of similar import, to the same committee.

By Mr. BANKS: The petition of W. C. Thompson, of Lynn, Massa­chusetts, that greenbacks may be received in payment of customs duties and all other dues to the Government, to the same committee.

By Mr. BLACKBURN : The petition of citizens of Woodford County, Kentucky, of similar import, to the same committee.

By Mr. BOONE: The petition of J. M.Gillandothers,of Kentucky, of similar import, to the same committee.

By Mr. BURCHARD, of llllinois : The petition of citizens of Illi­nois, for cheap telegraphy, to the Committee on the Post-Office and Post-Roads.

By Mr. CANNON, of Utah: The petition of citizens of Rush Lake, Utah, for cheap telegraphy, to the same committee.

By Mr. CASWELL: The petition of G. Van Stein wick and 136 other citizens of La Crosse, Wisconsin, for the repeal of the bank-tax laws, to the Committee of Ways and Means.

By Mr. CATE: The petition of J. W. Bingham and others of New London, Wisconsin, of similar import, to the same committee.

By Mr. CAULFIELD : The petition of citizens of Charleston, Illi­nois, of similar import, to the same committee.

By Mr. CRAPO: The petition of the National Bank of Redemption and 13 other banking institutions of Massachusetts, of similar im­port, to the same committee.

Also, the petition ~f T. Hoffman and 26 others of Stockbridge, Massa-chusetts, of similar import, to the same committee.

By Mr. CUTLER: A paper relating to the establishment of a post­route from Morris Plains to Parsippany, via Littletown, to the Com­mittee on the Post-Office and Post-Roads.

By Mr. DAVIS: Three papers relating to the establishment of post­routes between Clayton and Wilson, between Nashville and Peach­tree, and between Raleigh and Rogers's Store, North Carolina, to the same committee.

By Mr. DAVY: The petition of cifuens of Webster, New York, for cheap telegraphy, to the same committee.

Also, the petition of citizens of Rochester, New Yorkt !or the repeal of the bank-tax laws, to the Committee of Ways and Means.

By Mr. DURAND: The petition of F. F. Hyatt and 42 other citi­zens of Flint, Michigan, of similar import, to the same committee.

By Mr. DURHAM: The petition of citizens of Lexington, Kentucky, of similar import, to the same cominittee.

By Mr. EGBERT: The petition of citizens of East Greene, Pennsyl­vania, for cheap telegraphy, to the Committee on the Post-Office and Post. Roads.

Also, the petition of citizens of Scranton, Pennsylvania, for the repeal of. the bank-tax laws, to the Committee gf Ways and Means.

By Mr. FINLEY: The petition of citizens of Saint Augustine, Florida, for the donation of a certain lot of land in said city by the United States on which to erect a ·cburch building, to the Committee on Public Lands.

By Mr. FORNEY: The petition of citizens of Mobile, Alabama, for the repeal of the bank-tax laws, to the Committee of Ways and Means.

By Mr. FORT: Two petitions, one from James Rodgers and 170 other citizens of illinois, the other from E. A. Bowen and 100 other citizens of Mendota, Illinois, of similar import, to the same committee.

By Mr. GLOVER: Two petitions, one from 57 citizens of Bates and Butler Counties, the other from 154 citizens of the twelfth congres­sional district of Missouri, of similar import, to the same committee.

Also, the petition of J. F. Howard, M. D., Columbus Alexander, J. E. Morgan, M.D., and 26 other citizens of the District of Columbia, for an appropriation for the erection of the Washington Inebriate Asylum, to the Committee on Appropriations.

By Mr. GOODE : The petition of the Mexican Veteran Association of Norfolk and Portsmouth, Virginia, that pensions may be granted to them without reference to political disabilities, and that the same may date from the time of their discharge, to the Committee on In­valid Pensions.

By Mr. GUNTER: The petition of John A. Pnrner, of Washington, District of Columbia, for compensation for damage to his property by reason of a change of the draina~e of the grounds of the Soldiers' Home, to the Committee for the District of Columbia.

By Mr. HALE : The petition of Daniel Farnsworth and 37 other citizens of Jonesborough, Maine, for cheap telegraphy, to the Com­mittee on the Post-Office and Post-Roads.

By Mr. HARRISON : Three petitions from citizens of Manchester, Chicago, and Ford County; Illinois, for the repeal of the bank-tax laws, to the Committee of Ways and Means.

Also, the petition of the Board of Trade of Chicago, Illinois, of simi­lar import, to the same committee.

By Mr. HAYMOND: The petition of 21 citizens of Monticello, In­diana, of similar import, to the same committee.

By Mr. HENKLE: The petition of the mayor and city council of Baltimore, Maryland, for the removal of Fort Carroll from the Po­tapsco River, to the Committee on Commerce.

By .Mr. HILL: Memorial of Mary Ann Washington, that her title to certain Lands at Hot Springs, Arkansas, may not be destroyed, to the Committee on Public Lands.

By Mr. HOPKINS: The petition of 151 bank officers and business men of Pittsburgh, Pennsylvania, for the repeal of the bunk-tax laws, to the Committee of Ways and Means.

By :Mr. HUNTON : Two petitions, one from R. B. Holla-day, cashier of the Union Bank of Winchester, the other from other citizens of Winchester, Virginia, of similar import, to the same committee.

By Mr. KASSON: The petition of citizens of Iowa, of similar im­port, to the same committee.

By 1\Ir. KIDDER: The petition of 250 citizens of bortheast Dakota, for a new land district in Northern Dakota and location of local land office therefor at Pembina, Dakota Territory, to the Committee on Public Lands.

By Mr. LANDERS, of Connecticut: The petition of Charles W. Brown and 30 others of Stamford, Connecticut, for the repeal of the bank-tax laws, to the Committee of Ways and Means.

By Mr. LANDERS, of Indiana: The petition of 55 citizens of Greens­burgh, Indiana, that pensioners be granted pensions from the date of their discharge, to the Committee on Invalid Pensions.

Also, the petition of 55 citizens of Cartersburgh. Indiana, for cheap telegraphy, to the Committee on the Post-Office and Post-Roads.

By Mr. LAWRENCE: Two petitions, one from citizens of Loudon­ville, the other from citizens of Pomeroy, Ohio, for the repeal of the bank-tax laws, to the Committee of Ways and Means.

By Mr. LEAVENWORTH : The petition of Lewis H. Redfield, Will­iam Brown Smith, and 38 other citizens of Canandaigua, New York, of similar import; to the same committee.

By Mr. LE MOYNE: Three petitions, from citizens of Chicago and Douglas County, illinois, of similar import, to the same committee.

By Mr. LYNCH: Two petitions, one from David Furgnson and 20 others, bankers of Milwaukee, the other from M. W. McDonnell and 32 others, bankers and citizens of Wisconsin, of similar import, to the same committee.

By Mr. MACKEY: Three petitions, from citizens of Dauphin and Lebanon Counties, from citizens of Germantown, and from citizens of Freeport, Pennsylvania, of similar import, to the same committee. '

By Mr. MAGOON: The petition of L. D. Hopkins and 62 other citizens of Crawford County, Wisconsin, for cheap telegraphy, to the Committee on the Post-Office and Post-Roads. ,

By ~Ir. MAISH: Three petitions from citizens of Pennsylvania, for the repeal of the bank-tax laws, to the Committee of Ways and Means. i

By 1\Ir. MORGAN: A paper relating to the establishment of a post­route from Dayton, via Shoals burgh, to Murphysburgh, Missouri, to the Committee on the Post-Office and Post-Roads. , ·

By Mr. MUTCHLER: Two petitions from citizens of Pennsylva-nia, for the repeal of the bank-tax laws, to the Committee of Way.a and Means. · •

By Mr. O'NEILL: The petition of citizens of Pennsylvania, of similar import, to the same committee. ·

Also, the petition of physicians and sur~eons, for the printing by the Government of the subject catalogue of the National Medical Li~ brary, to the CommiHee on Appropriations, · ·

... ... I I • • ••

1304 CONGRESSIONAL RECORD-SENATE. FEBRUARY 7,

By Mr. PAGE: Memorial of J. M. Hog_an, for co'ID:pensation on ac­count of damages sustained by depredations .of Indians, to the Com­mittee on Indian Affairs. ·

By Mr. PHILIPS, of Missouri : Th~ petition of citizens of Missouri, of similar import, to the same coiDID.lttee.

By Mr. PHILLIPS, of Kansas: The petition of citizens of ~opeka, Kansas, for the repeal of the bank-tax laws, to the CoiDID.lttee of Ways and Means. • . .

By Mr. PLAISTED: The petition of J. Dingley and 15 ot~er Citi­zens of Auburn Maine, of similar import, to the same comm1t~e. .

By Mr. REA; The petition of citizens of the. States of Missouri and Illinois of similar import, to the same coiDIDlttee.

By Mr. JOHN REILLY: Four petitions fro~ 60 citizens of Penn­sylvania, of similar import, to the same comnnttee.

By Mr. ROBERTS: The petition of cit~ens of Baltimore, Mary­land, of similar import, to the same comnnttee.

By Mr. ROSS, of New Jersey: Five petitions from citizens of Lin­den, Rahway, Woodbridge, New Brunswick, ~a"!ldol~h, Rochester, Jersey City, and Pitts Grove, ~ew Jersey, of s1m1lar rmport, to the same committee.

By Mr. SCALES: A paper relating to a post-route !rom Centre to Greensborough, by way of Ryan Old Cross Roads, North Carolina, to the Committee on the Post-Office and Post-Roads.

By Mr. SHEA.KLEY : The petition of citizens of Allentown! Penn­sylvania, for the repeal of the bank-tax laws, to the Comnnttee of Ways and Means.

By Mr. SPARKS : The petition of citizens of illinois, of similar im­port, to the same committee.

By Mr. SPRINGER: Four petitions from citizens of Quincy, Dli­nois, Cinc~ati, Ohio, and Aledo, illinois, of similar import, to the same committee.

By Mr. STEVENSON: Three patitions from citizens of Rock Island, Jacksonville, and Quincy, Illinois, of similar import, to the same committee.

By Mr. THOMAS: The petition of 21 citizens of Baltimore, Mary­land, of similar import, to the same committee.

By Mr. TOWNSEND, of Pennsylvania: The peti~on of vy. J:l· ~os­ter and 43 other citizens of Honesdale, Pennsylvama, of similar liD­vort, to the same committee. • By Mr. TUFTS : The petition_ of citizens of Decorah, Iowa, of similar import, to the same committee.

By Mr. VAN VORHE~: ~he peti~ion of John G. Peebles. and o~h~r officers of various banking mstitutiOns of Portsmouth, Ohio, of BliD.l­lar import, to the same committee.

By Mr. WALLACE: The petition of Francis P. Steel and other bankers of Philadelphia, of similar import, to the same committee.

By Mr. WALSH: The petition of H. H. Haines and other citizens of Waahington County, Maryland, of similar import, to the same committee.

By Mr. WARNER: The petition of John B. Robertson and 81 other citizens of Connecticut, of similar import, to the same com-mittee. .

By Mr. WILLIAMS, of Delaware : Three petition;B ~om ~itizens of Wilmington, Milford, and Newark, Delaware, of similar rmport, to the same committee.

By Mr. W. B. WILLIAMS : The petition of Charles McKillip and 31 other citizens of Muske~on, Michigan, for cheap telegraphy, to the Committee on the Post-Otnce and Post-Roads.

By Mr. WOOD, of Pennsylvania: The petition of citizens of Mount Carmel, Pennsylvania, for the repeal of the bank-tax laws, to the Committee on Banking and Currency.

IN SENATE. WEDNESDAY, February 1, 1877-10 a. m.

The Senate resumes its session. On motion of Mr. SARGENT, the Senate took a recess until twelve

o'clock. The Senate re-assembled at twelve o'clock m. Prayer by the Chaplain, Rev. BYRON SUliDERLAND, D. D. The Journal of the proceedings of Tuesday, February 6, was·read

and approved. MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by Mr. GEORGE M. ADAMs, its Clerk, announced that the House had appointed Mr. JoHN B. CLARK, jr., of Missouri, Mr. WILLIAM S. HoLMAN of Indiana, and Mr. ALEXANDER CAMPBELL of Illinois, conferees on the part o:t: the House at the further conference heretofore asked by the House on the ~agreeing votes of the two Houses on the amendments of the Sen­ate to the bill (H. R. No. 3628) establishing post-roads.

The message also announced that the House had non-concurred in the amendments of the Senate to the bill (H. R. No. 4188) making appropriations for fortifications and for other works of defense, and for the armament thereof, fo~ tli~ fiscal ;y-ea.J" ending June 30, 1878, and for other purposes!

HOUSE BILL REFERRED. The bill (H. R. No. 4572) to remove the political disabilities of James

D. Johnston, of Savannah, Georgia, was read twice by its title andre­ferred to the Committee on the Judiciary.

MILITARY ACAD~!Y APPROPRIATION BILL.

The Senate proceeded to consider its amendments disagreed to by the House of Representatives to the bill (H. R. No. 4306) making ap­propriations for the support of the Military Academy for the fiscal year ending June 30, 1878, and for other purposes.

On motion of Mr. WINDOM, it was Ruol1Jed, That the Senate insist upon its amendments to the said bill diaa~

to by the House of Representatives and ask a conference with the House of .ti.ep· resenta.tives on the disagreeing votes of the two Houses thereon.

By unanimous consent, it was Ordered, That the conferees on the part of the Senate be appointed by the Presi-

dent pro tempore. •

The PRESIDENT pro tempore appointed Messrs. ALLisoN, LOGAN, and WALLACE the conferees on the part of the Senate.

PETITIONS AND MEMORIALB. :Mr. HOWE presented a petition of Charles J. L. Meyer and others,

and a petition of Edward Pier and others, of Fond duLac, Wisconsin, praying the repeal of the law imposing a tax on the deposits, circu­lation, and capital of all banks; which were referred to the Commit­tee on Finance.

Mr. BOGY presented a memorial of business men of Missouri, re­monstrating against the passage of the House bill authorizing the construction of a bridge across the Missouri River at or near Glasgow in that State; which was referred to the Committee on Commerce.

Mr. COmrLING presented the petition of Captain Egbert Thomp­son, United States Navy, praying to be restored to the active list of the Navy; which was referred to the Committee on Naval Affairs.

REPORTS OF COMMITI'EES. :Mr. HOWE, from the Committee on the Library, to whom the sub­

ject was referred, reported a bill (S. No. 1231) to provide additional accommodation for the Library of Congress; which was read twice by its title.

Mr. INGALLS, from the Committee ori Indian Affairs, to whom was referred the bill (S. No. 1212) to enable Indians to become citizens of the United States, reported it with an amendment.

Mr. WRIGHT, from the Committee on Claims, to whom was re­ferred the bill (S. No. 1029) for the relief of persons having claims against the United States under the provisions of the captured and abandoned property act, reported adversely thereon; and the bill was postponed indefinitely.

He also, from the same committee, to whom was referred the bill (S. No. 432) to re-open, state, and settle the claims of the several States against the United States for advances made in the war of 1812, re­ported adversely thereon; and the bill was postponed indefinitely. 1

He ·also, from the same committee, to whom was referred the bill (H. R. No. 2833) for the relief of Susan P. Vancet ~eported it without amendment, and submitted a report thereon; which was ordered to be printed.

:Mr. CRAGIN, from the Committee on Naval Affairs, to whom was referred the bill (S. No. 497) for the relief of Nathaniel McKay, re­ported it without amendment, and submitted a report thereon; which was ordered to be printed.

Mr. SARGENT, from the Committee on Naval Affairs, to whom was recommitted the bill(S.No.932) for the relief of DavidDeHaven,sub­mitted an adverse report thereon; which was ordered to be printed, and the bill was postponed indefinitely.

BILLS INTRODUCED.

Mr. DORSEY asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 1232) to repeal an act entitled" A.n act to in­corporate the National Capital Insurance Company," and to provide for winding up the affairs of said corporation; which was read twice by its title, and referred to the Committee on the District of Colum­bia.

Mr. JONES, of Florida, asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 1233) to authorize William A. Dorne:r and others to construct a ship-canal at the head of Lake George, Florida; which was read twice by its title, t~.nd referred to the Com­mittee on Commerce.

Mr. LOGAN asked, and by universal consent obtained, leave to in­troduce a bill (S. No. 1234) to repeal the joint resolution providing for the postponement of the publication of the Army regulations, ap­proved August 15, 1876 ; which was read twice by its title, and ordered to lie on the table.

POST-ROUTE BILL.

Mr. HAMLIN. I move that the Senate now concur with the House of Representatives in appointing a new conference on the bill (H. R. No. 3628) establishing post-roads.

The motion was agreed to. The President pro tempore was authorized by unanimous consent

to appoint the committee on the part of the Senate, and Messrs. H.ur­LIN, DORSEY, and DAVIS were appointed.