West Virginia-Continued. bill granting lands to the State of, to aid in of the United States to boards of edu- ...... remarks on the resolution for the relief of Mr. Bingham Mr. Garfield Mr. Higby Mr. Schenck..... yeas and nays on the.. 4285 .4285, 4286 granting a pension to.......772, 1949, 1970 relief of................ 1812, 1995, 2688, 2727 Williams, Thomas, a Representative from Penn- 546, 626, 645, 784, 785, 786, 787, 788, 785, 786, 787, 788, 789, 790, 791, ............ Wilson, James F., à Representative from 23, 61, 69, 84, 3276, 3682, 3843 tion among the States.......... .1259, 1549 .1724 remarks on the bill to create the grade of Wilson, James F., a Representative from remarks on the Iowa and Missouri State Line 2413, 2505, 2512, 2513, 2947, 2948, 2949 2477, 2519, 2660, 2679, 2686, 2757, .2924 remarks on the bill to secure the safe-keeping 2993 remarks on the resolution in behalf of Peter remarks on the bill for the relief of John 3302 ..3655 ....3797, 4287 nue..... 2928 .4094 .1337, 1338 .1553, 1579, 2078, 2130 nesota.... .3203 103 remarks on the civil rights bill ********................................ Windom, William, a Representative from Min- .3166, 3167, 3168, 3169, 8170, 3171, 3172 remarks on the bill for the relief of Martha remarks on the, by- remarks on the fortification bill........... 1349 ..3682 Mr. Wilson, of Iowa......... remarks on transferring Berkeley and Jef case....... 1196 remarks on the French Industrial Exposi- .....3239 remarks on the compensation of employés remarks on the tariff bill.......... Woodward, Elizabeth, and George Chorpen- * 4148 Wright, Edwin R. V., a Representative from remarks on the Northern Pacific railroad [A report of these remarks was not fur- remarks on deficiency bill for 1866, 4100, 4102 Yates, Susan, bill for the relief of............ 136 on the resolution appointing officers of the ....5 on the resolution appointing a committee on .6 on the resolution in relation to the public .10 on the resolution granting the use of the on the reception of the credentials of mem- on allowing the privileges of the floor to ......... .43 ..60 on the resolution in relation to adjourning on resolution relating to the test oath...234 on the bill extending suffrage in the District .....511 on the bill to further regulate the register- ..584 tlers in the southern States...............718 on admitting James M. Johnson, of Arkan- on the resolutions relating to reconstruction, Yeas and nays-Continued. 1548 on personal explanation of Mr. Smith, 1423 on the joint resolution for the relief of des- on the joint resolution for the relief of Mrs. on the resolution relating to the eight-hour 2004, 2007, 2030, 2031, 2043, 2046, on the bill to admit Colorado into the 3393 on the resolution relating to suffrage.....2429 on on a motion to adjourn over...... on appointing a committee of investigation on the bill for the relief of Delia A. Ja- Yeas and nays-Continued. on the resolution that Congress has no right on the resolution relating to a committee to 2827 amend the Constitution................ 3149 on cotton...... on the resolution relating to an export duty 3325 on printing reports of committee on recon- on pensions to the soldiers of the war of ...... on appointing an assistant stenographer to on the bill for the relief of Ellen Sander- Yeas and nays-Continued. on the tariff bill.........8722, 8723, 3724, 3725 on the bill to restore the rebel States to their nessee...... on the bill granting the right of way to ditch on the bill to punish crimes in relation to ..4150 ..4159 on the bill relating to the national cur- ..4197 ...4264 on the resolution relating to the admission .4283 .617, 1949, 1970 .........3197 petent to decide, and although the Committee of Claims may be somewhat more competent in that respect, I venture to say they would rather have it referred to the law officers of the Government. Mr. SPALDING. Being a member of the Committee on Appropriations, I desire to say addition to what has fallen from the chairman of the committee, [Mr. STEVENS,] that friend from Illinois [Mr. WASHBURNE] is my mistaken in regard to this joint resolution. The subject-matter of this resolution is not a proper subject of investigation for the Committee of Claims. It is simply a legal, a judicial question, and the Committee on Appropriations did not themselves seek to solve it. If it should be referred to any committee of this body, it would properly go to the Committee on the Judiciary. But the resolution simply directs that the Secretary of the Treasury shall, under the legal advice of the Attorney General of the United States, give a construction and interpretation to the contract entered into with these parties. Mr WASHBURNE, of Illinois. I desire to know how this joint resolution comes before the House. Mr. SPALDING. It was sent to us by the Senate. Mr. WASHBURNE, of Illinois. I understand that. Mr. SPALDING. And the House sent it to the Committee on Appropriations. I suppose the gentleman understands that also. Mr. WASHBURNE, of Illinois. Yes, I anderstand that; but have the Committee on Appropriations been called upon for reports this morning? The SPEAKER. They have not. Mr. WASHBURNE, of Illinois. Then how did this resolution come to be reported by them? The SPEAKER. They are authorized to report at any time. Mr. WASHBURNE, of Illinois. I take it that even the Committee on Appropriations cannot report such a bill as this except for reference to a proper committee. The SPEAKER. When the House proceeded to consider and debate the measure the rule was waived. a lawful claim upon the United States for an increase of price under their contract. Mr. WRIGHT. I would ask the gentleman from Illinois [Mr. WASHBURNE] if a supplemental contract was made. Mr. WASHBURNE, of Illinois. Yes, sir. Mr. WRIGHT. And is not the United States bound by that contract? Mr. WASHBURNE, of Illinois. Certainly. But the point I make against this joint resolution is that you are taking from the House the authority to adjust this matter and putting it into the hands of the Secretary of the Treasury. I therefore move that this joint resolution be referred to the Committee of Claims, and upon that motion I call the previous question. The previous question was seconded, and the main question ordered, which was upon the motion to refer the joint resolution to the Committee of Claims. On agreeing to the motion, there were-ayes 46, noes 16; no quorum voting. The SPEAKER, under the rule, ordered tellers; and appointed Mr. PIKE, and Mr. WASHBURNE of Illinois. The House divided; and the tellers reportedayes sixty, noes not counted. So the motion was agreed to. Mr. WASHBURNE, of Illinois, moved to reconsider the vote by which the joint resolution was referred to the Committee of Claims; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to. LAND GRANT TO MINNESOTA. The next business on the Speaker's table was Senate bill no 156, entitled "An act making an additional grant of land to the State of Minnesota, in alternate sections, to aid in the construction of a railroad in said State;" which was read a first and second time, and referred to the Committee on Public Lands. Mr. WASHBURNE, of Illinois, moved to reconsider the vote by which the bill was referred; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to. PAYMENT OF KANSAS WAR CLAIM. The last business on the Speaker's table was Mr. WASHBURNE, of Illinois. The ComSenate bill No. 259, entitled "An act to authormittee on Appropriations have no jurisdictionize the Secretary of War to settle the claims over such subjects as this. Mr. SPALDING. The House referred it to that committee for consideration. Mr. WASHBURNE, of Illinois. I know that; but the House frequently sends bills to committees that do not properly have jurisdiction of them. I know that the Committee on Commerce, when subjects are sent to them that do not properly come within their jurisdiction, report them back to the House, ask to be discharged from their further consideration, and move their reference to the committees which are properly charged with their consideration. It was but yesterday that the Committee on Appropriations reported a bill in regard to certain claims of the State of Missouri, of which they certainly had no jurisdiction, and which certainly should have been referred to the Committee of Claims. I think, notwithstanding what the gentleman from Ohio [Mr. SPALDING] has said, that the Committee of Claims is the proper committee to examine and consider this subject. And now I desire to call the attention of this House to the language of this joint resolution, so that they may judge whether more information is not needed by them before they confer this power upon the Secretary of the Treasury. What does this joint resolution provide? It authorizes the Secretary of the Treasury to cause the accounts of Beals & Dixon, for deliveries of materials after the 1st of May, 1861, under their contract with the United States, to be adjusted and paid, and to allow to them such additional prices as in his opinion they may be entitled to under the provisions of their supplemental contract dated January 1, 1857; provided that in the opinion of the Attorney General said Beals & Dixon have 39TH CONG. 1ST SESS.-No. 121. of the State of Kansas for services of the militia called out by the Governor of that State upon the requisition of Major General Curtis, the commander of the United States forces in that State;" which was read a first and second time, and referred to the Committee on Military Affairs. Mr. WASHBURNE, of Illinois, moved to reconsider the vote by which the bill was referred; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to. DESTITUTE PEOPLE OF THE DISTRICT. The SPEAKER. The next business in order is a joint resolution (S. No. 49) for the temporary relief of destitute people in the District of Columbia. This resolution was made a special order for to-day after the morning hour. The question is on ordering the resolution to be read the third time. Mr. INGERSOLL. The other day, when this measure was before the House, I had read a statement of A. C. Richards, superintendent of police, setting forth the necessity for this appropriation. now call for the previous question. Mr. ROGERS. Will not the gentleman yield to allow me to offer an amendment? Mr. INGERSOLL. I will hear what the amendment is. Mr. ROGERS. I desire to propose an amendment providing that this money shall be appropriated without distinction of race or color. Mr. INGERSOLL. That is already provided for. We have no class legislation on our side. Mr. ROGERS. I propose further to provide that this money shall be expended by the authorities of Washington, instead of the officers of the Freedmen's Bureau, who will expend it for the benefit of the colored people only. Mr. INGERSOLL. I cannot yield for that amendment. It is unnecessary. Mr. SHANKLIN. Will the gentleman from Illinois yield to me? Mr. INGERSOLL. For what purpose? Mr. SHANKLIN. I desire to discuss the merits of this proposition. Mr. INGERSOLL. So far as I personally am concerned, I should be glad to afford the gentleman the opportunity to make a speech; but I must be governed by the will of the House. If the House desires to hear the gentleman, it will refuse to sustain the demand for the previous question. On seconding the demand for the previous question, there were-ayes 44, noes 27; no quorum voting. The SPEAKER, under the rule, ordered tellers; and appointed Messrs. INGERSOLL and SHANKLIN. The House divided; and the tellers reported-. ayes 60, noes 36. So the previous question was seconded. The main question was ordered; and under the operation thereof the joint resolution was ordered to a third reading, and read the third time. The question being on the passage of the bill, Mr. INGERSOLL demanded the previous question. The previous question was seconded and the main question ordered. Mr. ROGERS. I demand the yeas and nays. The yeas and nays were ordered. The question was taken; and it was decided in the affirmative-yeas 101, nays 21, not voting 61; as follows: YEAS-Messrs. Alley, Allison, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Barker, Baxter, Beaman, Benjamin, Bidwell, Bingham, Blaine, Boutwell, Brandegee, Broomall, Buckland, Chanler, Reader W. Clarke, Sidney Clarke, Cobb, Cook, Darling, Davis, Dawes, Delano, Deming, Dixon, Driggs, Eckley, Eggleston, Eliot, Farquhar, Ferry, Garfield, Grinnell, Hale, Hayes, Henderson, Higby, Hill, Holmes, Hooper, Hotchkiss, Asahel W. Hubbard, Chester D. Hubbard, James R. Hubbell, Hulburd, Ingersoll, Kelley, Kelso, Ketcham, Laflin, Latham, William Lawrence, Longyear, Lynch, Marvin, McClurg, McKee, MeRuer, Mercur, Miller, Morrill, Morris, Moulton, Myers, O'Neill, Orth, Paine, Patterson, Perham, Phelps, Pike, Plants, Price, Raymond, John II. Rice, Rollins, Schenck, Scofield, Smith, Spalding, Stevens, Thayer, Francis Thomas, Trowbridge, Upson, Van Aernam, Burt Van Horn, Warner, Elihu B. Washburne, lienry D. Washburn, William B. Washburn, Welker, Whaley, Williams, James F. Wilson, Windom, and Woodbridge-101. NAYS-Messrs. Ancona, Bergen, Coffroth, Dawson, Denison, Eldridge, Finck, Glossbrenner, Goodyear, Harris, Edwin N. Hubbell, Marshall, Niblack, Nicholson, Ritter, Rogers, Shanklin, Taber, Thornton, Trimble, and Wright-21. NOT VOTING-Messrs. Ames, Anderson, Blow, Boyer, Bromwell, Bundy, Conkling, Cullom, Culver, Defrees, Dodge, Donnelly, Dumont, Farnsworth, Grider, Griswold, Aaron Harding, Abner C. Harding, Hart, Hogan, Demas Hubbard, John H. Hubbard, James Humphrey, James M. Humphrey, Jenckes, Johnson, Jones, Julian, Kasson, Kerr, Kuykendall, George V. Lawrence, Le Blond, Loan, Marston, McCullough, Meindoe, Moorhead, Newell, Noell, Pomeroy, Radford, Samuel J. Randall, William H. Randall, Alexander H. Rice, Ross, Rousseau, Sawyer, Shellabarger, Sitgreaves, Sloan, Starr, Stilwell, Strouse, Taylor, John L. Thomas, Robert T. Van Horn, Ward, Wentworth, Stephen F. Wilson, and Winfield-61. So the joint resolution was passed. Mr. COBB stated that Mr. McINDOE was detained from the House by serious illness. Mr. DARLING stated that Mr. J. HUMPHREY had been called home on account of sickness in his family. The result was announced as above stated. Mr. INGERSOLL moved to reconsider the vote by which the joint resolution was passed; and also moved that the motion to reconsider be laid upon the table. The latter motion was agreed to. EVENING SESSION. At the suggestion of the SPEAKER, by unanimous consent, the evening session was dispensed with. MESSAGE FROM THE SENATE. A message was received from the Senate, by Mr. FORNEY, its Secretary, notifying the House that it had concurred in the amendments of the House to Senate bill No. 31, to reimburse the State of Missouri for moneys expended for the United States in enrolling, equipping, and provisioning militia forces to aid in suppressing the rebellion; and Senate bill No. 199, to establish the collection district of Port Huron, the collection district of Michigan, and to extend the collection district of Puget Sound. Also, that it had passed the following bills, in which he was directed to ask the concurrence of the House: An act (S. No. 255) to remit and refund certain duties; An act (S. No. 243) to extend the time for the reversion to the United States of the lands granted by Congress to aid in the construction of a railroad from Amboy, by Hillsdale and Lansing, to some point on or near Traverse bay, in the State of Michigan, and for the completion of said road; and An act (S. No. 122) for the relief of John T. Jones, an Ottawa Indian, for depredations committed by white persons upon his property in Kansas. Also, that it had passed bills of the House of the following titles: An act (H. R. No. 150) for the relief of Almon W. Babbitt, late secretary of Utah; and An act (H. R. No. 471) to provide that the "Soldier's Individual Memorial" shall be carried through the mails at the usual rate of printed matter. And also, that it had adopted the following resolution: Resolved, That the Secretary of the Senate be directed to inform the House of Representatives that the Senate, having listened to eulogies on the character and public services of Hon. SOLOMON FOOT, a Senator from the State of Vermont, lately deceased, out of respect to his memory have voted to adjourn, DEATH OF SENATOR FOOT. The SPEAKER laid before the House the message from the Senate concerning the death of Senator FOOT. Mr. WOODBRIDGE. Mr. Speaker, but a few weeks ago the distinguished Senator whom we now mourn arose from his seat in the Senate and pronounced a most eloquent and impressive eulogy upon his colleague, who had been gathered to his fathers in the fullness of his years, crowned with private worth and public honor. And now, before the cypress leaf is wilted, or the first gushing tear is dried, we are called, in the providence of God, to a fresher grief for him who so freely mingled his tears with ours at the death of Judge Collamer, whom none knew but to honor and love. At that time Mr. Foor was apparently in perfect health. His constitution was unimpaired by any exposure or excess, and his splendid and almost unrivaled physical development gave promise of many years of vigorous and active life, for he possessed "A combination and a form, indeed, Where every god did seem to set his seal, To give the world assurance of a man." In speaking of the life and character of Mr. Foot, I shall simply attempt to do justice. Unqualified praise of the dead is never either in good taste or truthful. Human character is never perfect; at best it is only good in parts. Mr. Foor was born in Cornwall, in the State of Vermont, in 1802. He graduated at Middlebury College with distinguished honor in 1826, and the same year became principal of the seminary at Castleton. He was tutor in the University of Vermont in 1827; and again, from 1828 to 1831, principal of Castleton Seminary, and by his earnest efforts and marked executive ability gave such an impulse and character to the institution that it ranked for many years among the first of the classical schools of Vermont. In the midst of his faithful and arduous labors as a teacher he devoted the time usually given to recreation and the refined pleasures of social life to the study of the law, and in 1831 was admitted to the bar in Rutland, and immediately commenced the practice of his profession. For five years he was a member of the Legislature of Vermont, and for three years Speaker of the House of Representatives. From 1836 to 1842 he was prosecuting attorney for the county of Rutland. He was a member of the constitutional convention which established the Senate as a coördinate branch of the Legislature of Vermont, in which body he actively cooperated with his late colleague, Judge Collamer. From 1843 to 1847 he was a member of this body, and declined a third election. In 1850 he was elected Senator of the United States, and occupied the position until the day of his death. Such is a brief recital of the public and official positions occupied by Senator Foor, embracing a period of nearly a third of a century. Born of highly respectable but comparatively poor parents, he was by force of circumstances thrown upon his own resources, and early in life acquired independent habits of thought and action. Without any of the adventitious surroundings of wealth or station or patronage, without any of that extreme brilliancy of genius which now and then startles and dazzles the world, he looked upon life as a great reality and upon success as the reward of labor. He was rather solid than showy. He lacked genius, but possessed talent and judgment. His qualities did not shine forth like the greater lights in the heavens, but there was in them a proportion and harmony which gave a moral grandeur to the man. Hence Senator Foor was what we call a selfmade man. I do not attribute to him any particular credit for that. The term "self-made man" is a much-abused one. There is no royal road to greatness. Every man who comes to be a power reaches it through personal effort. The scholar is self-made, and becomes a scholar through patient and exhausting labor and reflection. The professional man is self-made, and so is the merchant and the artisan. That Senator Foor succeeded where a weak will would have failed is doubtless true, and hence the greater honor to the man. As a lawyer, Mr. Foor was not learned. As a statesman, he never seized upon new theories or ventured upon untried paths. As a political economist, he never originated new ideas or developed old ones with extraordinary power; and yet, without question, he was one of the safest statesmen and most judicious legislators of the age. He did not resemble the mountain, towering to the skies, barren and useless from its height, but rather the lesser eminence, whose summit is covered with the forest, and whose slopes wave with the yellow grain. He did not resemble the terrific shower which destroys by its violence, so much as the gentle rain which the earth drinks and then dresses herself in new life and beauty. God granted Mr. Foor one of the greatest of earthly blessings, a loving, praying, pious mother, who early instilled into his mind principles of reverence toward God, obedience to authority, and love of truth; and through a long public life the great leading characteristic of his mind, and perhaps the highest power of his character, was his devotion to truth; that high ethical truth which is grounded in the moral being and the fitness of things, lying back of and deeper than refinements or popularities, reaching down to the inner nature and elevating the moral forces. "His word was as good as his bond." No social or political combination or influence; no sycophantic flatterer; no dastardly and cunning insinuator; no expectation of reward or place or power ever shook the truthfulness of SOLOMON FOOT. "Among innumerable false, unmoved, His loyalty he kept, his love, his zeal; Senator Foor was a patriotic man. And scorned to give aught other reason why." He cherished the principles of the Declaration of Independence. He believed that all men were created free and equal; and yet subordinated his acts and theories to the Constitution of the land. Constitutional liberty was his watchword, and when by force of law all men became absolutely free he was the earnest and fearless advocate of those measures designed to protect the freedman in all his civil rights. But, sir, when the first gun was fired at Fort Sumter, and the cry "To arms!" echoed from peak to peak of the mountains of his native State, then the nobleness, the patriotism, the generosity of SOLOMON FOOT shone forth like a star. Calmly and serenely he met the issue, and everywhere infused into the people his own heroic and enthusiastic nature. And when at times during the progress of the rebellion the clouds seemed to lower about us, his faith in God and liberty never faltered. He trusted in the right. He met and performed every obligation of duty without fear and without reproach. The highest and proudest encomium which a public man can ever receive is justly his. Popular at home beyond description; elevated by the people to almost every office within their gift; beloved, honored, and trusted, he always and everywhere proved himself an honest man-the noblest work of God. He loved his native State. To him there was no air so pure as that which swept about her mountains; no water so sweet as that which bubbled from her crystal springs; no grass so green as that which clothed her valleys; and he now lies beneath the shadow of her hills, where the wind sings his requiem and the solemn old pines stand as sentinels over his dust. During the long and bloody rebellion, when suffering and death entered almost every household, no wounded soldier, no weeping sister, no heart-broken wife or mother ever called upon Senator Foor in vain. Their wants were his wants. Their suffering was his suffering. In sunshine and in rain, in sickness and in health, by tender and sympathizing counsel, and by active and efficient effort, he labored for their relief; and we may truthfully say for him, "When the eye saw me then it blessed me. When the ear heard me it gave witness to me, for I delivered the poor that cried, the fatherless, and him that had none to help him. The blessing of him that was ready to perish came upon me, and I caused the widow's heart to sing for joy." Mr. Speaker, it is a glorious thing to live in this world. When its Creator launched it forth in the perfection of its beauty, the morning stars sang together for joy. It was made for man, the last exercise of creative power, for man made in the image God, into whose nostrils he breathed the breath of life. It is noble to live for the development of the soul. It is beautiful to appreciate and enjoy all the works of God, and all the endearing relations with which we are surrounded. It is glorious "To have Attentive and believing faculties; But more beautiful than life is the death of the Christian. Mr. Foor from the commencement of his sickness seemed to feel that he would die, and when the final summons came he was ready. His last thought was for his country, and his last desire to look out upon the beautiful sunlight and this noble edifice, where he had labored so long and where he believed the future safety of the Republic rested; and then, as if fully satisfied, with eyes full of celestial rad ance, he exclaimed, "I see it! I see it! The gates are wide open! Beautiful! Beautiful!' and the plastic form was stilled; the casket wa broken, and SOLOMON FOOT entered upon eternal rest. Mr. Speaker, the life of a good man like that |