Obrazy na stronie

State of West Virginia more than a year before examine the different claims to the reward offered undertake to say that the first Wisconsin cavthis act was passcu. for the apprehension of Jefferson Davis was based,

alry is entitled to any portion of it. I have a The object of the resolution is to correct this

and especially copies of the reports of Lieutenant
Colonel D. B. Pritchard, of the fourth Michigancav-

decided impression that a portion of the first unjust discrimination and official misconstruc- alry, and of Lieutenant Colonel llenry Harnden, of Wisconsin cavalry is. But let us see the evition of the law as it really did exist. Congress

the first Wisconsin cavalry, together with copies of the dence. My friend from Michigan does not

orders under which the above-named officers respecthas just given its assent to the annexation of ively acted.

object to that. these two counties to West Virginia. There

Mr. CHANDLER. Not at all. fore I trust, not merely for the sake of allow

Mr. COWAN. I should like to know if

Mr. HOWE. Then let us have it. ing the loyal men in these two counties to have the purpose of the resolution is to assail the

Mr. CHANDLER. It is very voluminous. their claims adjusted, but for the sake of a validity of the award.

I suppose it is a large volume, and it will cost seuse of pride on the part of the State of West

Mr. HOWE. I want to get the evidence on

several thousand dollars to publish it. If the Virginia, these two counties may be placed on which the award was made. I do not know

Senator will change his resolution, and ask that whether I shall assail it or not until I see on an equal footing with all the other counties in

the evidence be furnished to him in manuscript the State. what evidence it was made. I have some

for his examination, I shall certainly vote for Mr. CLARK. I have always been in favor reasons to think, however, that the award is

it. I am in favor of his having it all. I am of paying the claims of loyal men in the counnot justified by the evidence.

satisfied with the award. try wherever found; but I hardly see the ne

Mr. JOHNSON. Has the amount been

Mr. HOWE. The evidence, I think, will cessity of the haste which the Senator from

distributed ? West Virginia manifests by desiring to have

Mr. HOWE. No, sir, and cannot be, I

compose about as small a volume as you are this resolution considered at the present time. take it, until there is an appropriation.

in the habit of seeing, and whether we shall I do not make objection to its consideration,

Mr. JOHNSON. I thought there was an

print it when we get it or not will be a matter

for the Senate to determine when they have but I think it should go to some committee | appropriation in advance.

seen it. I think the evidence will consist mainly who should make an examination of it. If it

The PRESIDENT pro tempore. The Chair

of a brief report from Lieutenant Colonel is all right, there will undoubtedly be a favor- will ask whether the present consideration of Pritchard, commanding the fourth Michigan able report; and it would be more satisfactory the resolution is objected to.

cavalry, and quite as brief a one from Lieuto the Senate to know precisely where we are

Mr. CHANDLER. I presume the Senator tenant Colonel Harnden, commanding the first going. I do not desire to have it go to the

can get the information he desires by applying Wisconsin cavalry. That is about all the eviCommittee on Claims, but I think it had betto the Provost Marshal General or to the Sec

dence, I guess, there is on the point. If there ter go to the Committee on the Judiciary who retary of War. I do not know that there is any

is more, I shall be glad to see it. bad this whole matter under consideration. I particular national importance in the question Mr. CONNESS. There is much more. have no doubt they will report at an early day,

whether the lieutenant colonel of a Wisconsin The resolution was agreed to. and perhaps that will be more satisfactory to

regiment or the lieutenant colonel of a Michithe Senate.

PAY OF ARMY OFFICERS. gan regiment receives the money. It has been Mr. WILLEY. There being objection on carefully adjudicated and decided. I under- Mr. WILSON. I move to take up House the part of Senators, of course I do not feel stand that there is a little conflict of opinion | joint resolution No. 101, for the relief of cerlike urging it.

between these two officers as to which is enti- tain officers of the Army. Mr. CLARK. I do not make an objection

tled to the reward. The fact is that the Mich- The motion was agreed to; and the joint resto its present consideration. I only point out

igan colonel caught him and has been decided olution (H. R. No. 101) for the relief of certhe course which I think the resolution had to be entitled to the money. I do not care who .tain officers of the Army, was considered as in better take; and I move its reference to the sees the evidence, but I do not see what impor- Committee of the Whole. Committee on the Judiciary, if the Senator tance it is to this body.

In every case in which a commissioned offifroin Illinois will withdraw his motion, because

Mr. COWAN. If this information was com- cer actually entered on duty as such, and was that committee had the whole matter under municated, and it may be very voluminous, it entitled by law to be so mustered in, but by consideration and they can report at a very

will have to be printed ; and if printed, for what reason of being killed in battle, captured by early day. should the other bill not pass, which purpose? There is no right of appeal that I the enemy, or other cause beyond his control, I think will be satisfactory.

know of to this body unless it should arise when and without fault or neglect of his own, was Mr. TRUMBULL. I am not particular

a question of appropriation comes up. I should not mustered according to the regulations about the committee it goes to ; but I do not suppose that then it would more properly come within a period of not less than thirty days, wish to be understood by the Senator from

up than now. I have no disposition to enter the pay department is to allow to such officer West Virginia as at all opposed to the object into the controversy which exists between Mich- full pay and emoluments from the date on he has in view. I presume l'am for it; I agreed igan and Wisconsin on this subject. I hope which such officer actually entered on such to the bill which has already been reported

the services of both in this behalf will be paid. | duty, deducting from the amount paid in from the Committee on the Judiciary. I with

and well paid, but I do not want to throw good | accordance with this resolution all pay actually draw the motion to refer the resolution to the money away after bad.

received by him for such period. Committee on Claims. It is immaterial to me Mr. HOWE. I do not understand exactly

Mr. RAMSEY. I propose to amend the to what committee it goes.

the philosophy which controls this discussion. resolution by striking out in the fourth and Mr. CLARK. I move that it be referred to This resolution simply proposes to ask the Sec. fifth lines the words " and was entitled by law the Committee on the Judiciary. So far as retary of War to communicate to the Senate to be mustered in as such ;' and by striking informed at the present time, I will say to the of the United States the evidence upon which

out in the eighth line the words - according to Senator from West Virginia that I think I am that award was made. I take it that evidence the regulations," and then after the word entirely in favor of it, but I desire simply to will not hurt the Senate, and it will not hurt "days,” in the ninth line, by inserting from examine it and know where we are going. the country. The Senator from Pennsylvania acceptance of any appointment or actual entry

The joint resolution was referred to the Com- suggests that there can be no possible good upon duty, and who was afterward regularly mittee on the Judiciary.

derived from communicating here the evidence, mustered into the service of the United States.''

because there can be no appeal taken from the "This amendment has been brought to the attenIIOCSE BILL REFERRED.

award of these commissioners. I think the Sen- tion of the Committee on Military Affairs, and The joint resolution (H. R. No. 116) to pre- ator is mistaken about it. An appeal can be I believe I may say that the chairman is satisvent the introduction of the cholera into the taken. I do not think the award of these com

fied with it and thinks it meets a case which ports of the United States, was read twice | missioners binds the Congress of the United ought to be provided for. The resolution, if by its title, and referred to the Committee on

States to appropriate a dollar unless the Con- amended as I propose, would read thus : Commerce.

gress of the United States are satisfied that the That in every case in which a commissioned officer NAVAL OFFICERS VISITING WASHINGTON. award is correct and ought to be paid. There

actually entered on duty as such commissioned olli

cer, but by reason of being killed in battle, capture Mr. GUTHRIE submitted the following res

was a bounty ofiered to those persons who by the enemy, or other cause beyond his control, and olotion ; which was considered by unanimous should capture Jefferson Davis in his flight. It

without fault or neglect of his own, was not mustered

within a period of not less than thirty days from achas been decided by the officers who were consent, and agreed to:

ceptance of appointment or actual entry upon duty, detailed to examine the question that certain and who was afterward regularly mustered into the Resolred, That the Secretary of the Navy be re

individuals are entitled to the award. I do not service of the United States, the pay department shall querted to communicate to the Senate copies of any orders of the Depariments which deprive officers of know that the decision is not just. I have an

allow to such officer full pay and emoluments from

the date on which such officer actually entered on toe Vary who are not on duty of the privileges of impression that it is not just. I think the pub- such duty as aforesaid, deducting from the amount citizens of the United States with respect to their priv. ilc es of passing from one State to another or to the lic is in no sort of danger if the Senate is

paid in accordance with this resolution all pay actu

ally received by such officer for such period. city of Washington; also, whether the Department

allowed an opportunity of looking at the evibas refused to permit officers to visit Washington for dence and determining for themselves whether

The amendment was agreed to. the purpose of personal appeal to the President of the it is correct or not.

Mr. SHERMAN. I desire to suggest that United States or to Congress in their own cases, and if xo by what authority this right is withdrawn from

I do not know that I shall dissent from the there is one difficulty in the resolution as it them us citizens of the United States. award. I do not know that the fourth Michi

now stands.

It speaks of an officer who has CAPTURE OF JEFFERSON DAVIS. gan cavalry did not earn it. I am advised ofli. not been mustered in by reason of having been

killed in battle; and then it goes on to provide Jr. IIOWE. I offer the following resolu- cially that the fourth Michigan cavalry did not tion, and ask for its present consideration :

get it; only a small portion of the regiment. that afterward, if regularly mustered into the If it was earned by that part, my impression is

service of the United States, he shall have his Prolved, that the Secretary of War be requested to como unicate to the Senato all crideuce upon

it was earned by more of the corps than are pay. Certainly the condition would not arise which the award of the commission appointed to allowed to participate in the reward. I do not after he has been killed; he cannot then be

upon it.

mustered into our Army. The purpose may question now is on the amendment of the Sen- resolution of the Senate, passed without any be good enough, but the language is liable to ator from Iowa, which will be read.

notice whatever on the 9th of March, 186á. this criticism.

The Secretary read the amendment, which after the adjournment of Congress and durMr. WILSON. I prefer that the resolution was to strike out all of the bill after the first ing the executive session. The report of that be passed over, in order that we may look at clause, and in lieu of the words struck out to board shows that they took no evidence what the exact bearing of the amendment which has insert the following:

ever in order to ascertain the truth of the matbeen adopted. I did not see all of the amend- That the Secretary of tho Treasury be directed to

ter now before this body, and appealing to our ment before it was offered.

pay, out of any money in the Treasury not otherwise generosity rather than to our justice, because, Mr. GRIMES. I suggest that it be printed. appropriated, to the several parties the awards modo

if I understand the report of that board, it was Mr. WILSON. I move that the further con

in their favor by the naval board organized under
the resolution of the Senate, adopted March 9, 1805,

their generosity that gave us such a report, and sideration of the resolution be postponed until the awards being made under date of December 23, not their sense of justice. I have heard no to-morrow, and that it be printed as amended. 1865, and reported to the Secretary of the Navy:

answer to the point made by the Senator from Provided, That the payment shall not in any case The motion was agreed to. exceed twelve per cent. upon the contract price,

New Hampshire the other day. What is the except in the case of the Comanche, in which case the proposition now made? It is a change simply PROTECTION TO UNITED STATES OFFICERS. award shall be paid in full.

from the award of the commission to twelve A message from the House of Representa- The amendment was agreed to.

per cent. tives, by Mr. LLOYD, Chief Clerk, announced Mr. SUMNER. I now offer this amend- The PRESIDENT pro tempore. The morn. that the House had non-concurred in the amendment to come in as a new section :

ing hour having expired, it becomes the duty ments of the Senate to the bill (H. R. No.

SEC. —. And be it further enactcıl, That in the cases of the Chair to call up the unfinished business 238) to amend an act entitled - An act relat- of Donald Mckay, of Boston, Massachnsetts, who of yesterday, which is the bill making approing to habeas corpus and regulating judicial built the Ashuelot and machinery, and Miles Greenwood, of Cincinnati, Ohio, who built the Tippeca

priations for the benefit of the Post Office proceedings in certain cases,'' approved March

noc, whose contracts have been completed to the Department. 3, 1863, and requested a conference with the satisfaction of the Department, and who were Senate on the disagreeing votes of the two


Mr. NYE. I hope we may be allowed to be entitled to the same rate of compensation as is

get a vote on this question. I trust the SenaHouses thereon, and had appointed Mr. JAMES

authorized to be paid to other parties building the tor from Ohio will permit us to come to a vote F. Wilson of Iowa, Mr. SAMUEL McKee of saino class of vessels and machinery; and such payKentucky, and Mr. B. M. BOYER of Pennsyl- ment to be made to them out of any money in the Treasury not otherwise appropriated, under the su

Mr. POMEROY. There is a special order vonia, managers of the conference on the part

pervision and direction of the Secretary of the Navy, for to-day, which I should like to have the of the House of Representatives.

provided the evidence submitted for his examination Senate proceed with. Mr. CLARK. I move that the Senate insist fully establishes the right of the said parties to com

The PRESIDENT pro tempore. There is a pensation. on its amendments to the bill just received

special order, but the unfinished business of from the House of Representatives and agree

I believe there is no question on this amend

yesterday takes precedence of the special order. to the conference, and that the committee of ment. I have conferred with Senators who

Mr. POMEROY. I know that the unfinconference on the part of the Senate be apare interested in this subject, and I believe I

ished business takes precedence, but it is within pointed by the Chair.

have their concurrence in moving the amendMr. HENDRICKS. I wish to ask the Sen

the province of the Senate to proceed with ment. The Senator from Nevada who has the the consideration of the special order if they ator from New Hampshire if he is advised bill in charge is familiar with it, so is the Sen

so determine. upon what amendments there is a disagree- || Navy Department also is familiar with it, and ator from lowa, and I understand that the

The PRESIDENT pro tempore. The unment.

finished business of yesterday is before the Mr. CLARK. There was but one amend. that it has the cordial concurrence of that

Senate, of course subject to the order of the ment that was of importance, and I suppose it Department. I think there is no question in

Senate to be postponed or delayed at their must be upon that. That was in regard to the regard to it.

pleasure. time at which the bill should cease to operate, The amendment was agreed to.

Mr. HENDRICKS. I wish, almost as a with the amendment proposed to it by the Sen. The bill was reported to the Senate as personal favor, that this bill for the relief of ator from Indiana. I suppose that is the amendamended.

these contractors could be disposed of this ment upon which the House must have disagreed The PRESIDENT pro tempore. The ques- | morning, as I desire to leave the city in a day with us, because the others were merely verbal. tion is on concurring in the amendments made or two, to be gone for a few days, and I I will say to the Senator from Indiana that as in Committee of the Whole.

should like to have it disposed of before I leave. there is but one course to be taken, and that is

Mr. HENDERSON. I now move to post- I feel some little responsibility about it, as it to insist upon our amendments and agree to the pone the consideration of the bill and amend

was referred to myself and other gentlemen conference, or else to recede from our amend- ments until the first Monday of December as a sub-committee. I believe the friends of ments, and I do not suppose the Senator would next, and upon this motion I call for the yeas the bill do not propose to discuss it at any be willing to recede.

length. Mr. HENDRICKS. No, sir; I think the The yeas and nays were ordered.

Mr. WILSON. How long will it take? Senate ought to insist; but then the chances Mr. McDOUGALL. I desire to inquire of Mr. HENDRICKS. But a few minuits, I are that when the committee of conference is

the Senator from Missouri the reason why he think. We do not wish to discuss it. appointed we shall not see the amendments asks this postponement. I should like to hear Mr. CLARK. I suggest to the Senator from again. I wanted to know what questions were the reason.

Indiana that perhaps the bill had better go over to be submitted to the committee.

Mr. HENDERSON. This subject was until his return. I do not think it is likely to The PRESIDENT pro tempore. The ques. || thoroughly discussed a few days ago. I had suffer from delay. I will say to him that I have tion is on the motion of the Senator from New not examined the subject as thoroughly as I never been so much embarrassed by any measHampshire.

might have done, but I thought the Senator ure before the Senate since I have been a memThe motion was agreed to.

from New Hampshire [Mr. CLARK] clearly || ber of it, and that by reason of these cases CONTRACTORS FOR VESSELS AND MACHINERY,

disclosed to the Senate reasons sufficient to being lumped together. I have no doubt there

postpone the consideration of this bill, not are some meritorious cases in the bill from the Mr. NYE. I move to take up the bill for | only until the first Monday of December next, examination that I have been able to make, but the relief of contractors for double-enders and

but forever. I do not pretend to say that there they are loaded down by others that ought not iron-clads.

are not meritorious claims in this bill, individ- to pass; and I think we should endeavor to see The motion was agreed to; and the Senate, nals named who are entitled to something at if we cannot contrive some way to relieve the as in Committee of the Whole, resumed the

the hands of Congress. I would be perfectly Senate of this difficulty, so that we may have consideration of the bill (S. No. 220) for the willing to grant something to some of these some discrimination in regard to these cases. relief of certain contractors for the construc- parties, but even in the original bill those par- I make this suggestion to the Senator in a tion of vessels-of-war and steam machinery, ties are mixed up with others, as was clearly friendly spirit, because I feel that some of these the pending question being on the motion of shown by the Senator from New Hampshire, men should be relieved-I cannot say how Mr. Nye to amend the amendment of Mr.

who are not entitled to one cent and ought not many; but it seems to me to be the better way Grimes by striking out “twelve' and insert- to be paid one cent; at least if they ought to to legislate for individual cases, if we can coning "fifteen.'

be, I have seen no reasons for it; no reasons trive some way to do it. I have no personal Mr. HENDRICKS. I had thought of sub- have been given. Why, sir, if I am not mis- wish about it. I make the suggestion to him mitting a very few remarks to the Senate with || taken, it has been shown clearly to the Senate as to the best course to be taken with it. regard to this measure, but have concluded that the only consideration for their claiming Mr. HENDRICKS. I know that is the feel. that it is better that we shall vote upon it, as anything at the hands of Congress arises from i ing of the Senator from New Hampshire, but the Senate very generally understand it. I their own willful neglect to perform the work it is doubtful if we can really get to understand suggest to the Senator from Nevada, in order within the time that they stipulated to do it in. this case any more thoroughly than we now that we may come to a vote upon it at once, If we are inclined to do anything for these understand it, and if it is postponed until late that he withdraw his amendment to the amend- men, I think we ought to open the Court of in the session, the difficulty would be to secure ment of the Senator from Iowa, and allow the Claims to them and prescribe some rules by a consideration of it in the llouse of RepreSenate to vote upon that proposition.

which these parties can enforce this just claim sentatives. These parties are much pressed, Mr. NYE. I am ready to do so. I with. || which it is said they have against the Govern- and ought to have some relief; and as this is draw my amendment to the amendment.

inent. I am totally opposed to voting any. not quite half as much as the board allowed The PRESIDENT pro tempore. The amend- thing to these contractors upon the report of them, I thought it certainly would be adopted ment to the amendment being withdrawn, the this board--a board organized under a simple II by the Senate. If we could agree mpon any

and nays.



plan safer to the Government and more just this bill being considered to-morrow, and I am profess to be very highly versed in these things, to the parties, I would be willing to do it. I willing to make it the special order for to-mor- but it seems to me that logically it must be hare considered the subject in every light pos- row at one o'clock; but I think we had better true; and I think if the President will consider sible. I thought myself that the safer way was proceed now with the consideration of the spe- || carefully he will agree with me. If the Presto adopt the report of the board, but as Sena- cial order. It has been postponed from time ident insists upon the ruling which he has made tors for whose judgment I have a great deal of to time, and by a sort of unanimous consent it I shall be compelled to take an appeal from the respect thought that was giving too much, and was agreed that it should be considered to-day. || decision, for the purpose of ascertaining what the chairman of the Comunittee on Naval Affairs Mr. HENDRICKS. There is nobody oppos- is the law of the Senate. proposes twelve percent. on the contract prices, ing that. My motion is that this subject be The PRESIDENT pro tempore. The Chair a rednction, I believe, of more than one half, madethespecialorderat half past twelve o'clock will call for the reading of the fifteenth rule I thought we might agree upon that.

of the Senate. Mr. CLARK. I will state to the Senator the The PRESIDENT pro tempore. The motion The Secretary read it, as follows: difficulty which is likely to occur, and which before the Senate is to postpone the present "15. The unfinished business in which the Senate will embarrass us, perhaps, to some extent. and all prior orders and proceed to the con- was engaged at the last preceding adjournment shall Here are some forty-two or forty-three of these sideration of the special order, and that motion

have the preference in the special orders of the day.” claimants put into one bill. They do not in- must be put unless it be withdrawn.

Mr. SHERMAN. There is no doubt at all clade all this class of cases; and we are con- Mr. POMEROY. I will withdraw that in about the rule. It is not only clear by the tinually in the receipt of letters from other par- order to allow the motion of the Senator from rule, but it has been the daily practice of the ties, who say, "We do not claim anything upon Indiana to be made.

Senate ever since I have been a member of our contracts; we took a contract, we have ful- Mr. HENDRICKS. Then I move that this the body; probably fifty times in the session filled it, and though we have lost by it, we are subject be made the special order for to-mor- the unfinished business takes precedence of all bound by it; we do not ask anything; but if row at half past twelve o'clock.

other special orders. But I rose to say that I these parties are to be relieved by a general The PRESIDENT

pro tempore. The


find it is the desire of the Senate, as this day bill, we ought to be relieved also." How can tion really before the Senate is the bill making was set apart for the consideration of the Colthe Senate resist such an application ? appropriations for the Post Office Department, | orado bill, to proceed with it, and I therefore

Mr. HENDRICKS. So far as iny knowledge but that bill will be considered as laid aside, || have no objection to postponing the Post Office goes on that subject, I think this bill, with the if there be no objection, in order to entertain appropriation bill. I give notice that I shall amendment proposed by the Senator from Mas- the motion of the Senator from Indiana, which call it up at an early day, in order to get it sachusetts, really covers about all the cases that is, that the bill recently before the Senate for have any equity. There is one case, I will the relief of certain naval contractors be post- Mr. MCDOUGALL. “When ignorance is state to the Senator, which is not here, but poned to and made the special order for to- bliss, it is folly to be wise." My wisdom I which I think will address itself forcibly to the morrow at half past twelve o'clock.

withdraw. Senate, and that is the case of Mr. Webb, who Mr. CONNESS. I hope it will not be in

The PRESIDENT pro tempore. The quesconstructed the Dunderberg, a grand vessel, truded into the morning hour.

tion is on postponing the present and all prior perhaps the greatest vessel-of-war in the world. Several SENATORS. Say one o'clock. orders to proceed to the consideration of the I shall be in favor, so far as I know anything Mr. HENDRICKS. Very well; I will say Colorado bill. about his case, of giving him some relief, I one o'clock.

The motion was agreed to; and the Senate think he has produced the greatest vessel, per- The motion was agreed to.

proceeded to consider the motion submitted by haps, in the world; but he could not present

Mr. Wilson to reconsider the vote by which his case to the board, and he will have to


the Senate rejected the bili (S. No. 74) for the appeal upon the merits of his separate case. Mr. POMEROY. I now renew the motion | admission of the State of Colorado into the I do not know of any other than that one. to postpone all prior orders and proceed to the Union, upon which the yeas and nays had

Mr. POMEROY. I move that the Senate consideration of the bill for the admission of been ordered. postpone the consideration of the present and Colorado.

Mr. SUMNER. Mr. President, on the 13th all other orders, and proceed to the considera- Mr. SHERMAN. As the Post Ofice appro- of March last, after a debate of two days, the tion of the special order, which is the bill for priation bill is the unfinished business, and I Senate rejected a bill for the admission of Colthe admission of Colorado into the Union. hope will take but little time, I think we may orado as a State into the Union. This was by

Mr. NYE. I hope the Senator from Kansas as well proceed with it. There will be time a vote of 21 nays to 14 yeas, being a majority will withdraw that motion long enough to enable enough to pass both bills to-day. I hope, there. of 7. And now, after an interval of more than us to get a vote on this bill.

fore, that the Post Office bill may be proceeded a month, a motion is made to reconsider that Mr. POMEROY. If the Senate is ready to with for awhile, and if we find that it is going vote. An attempt is made to revive a quesvote on this question I am willing to allow the to take up much time we can then postpone it. tion which at that time seemed to have been special order to be laid aside temporarily for It is now in order and is before us.

buried. Of course those who press this motion that purpose; but if we are to have no vote Mr. TRUMBULL. I should like to inquire || have a right to do so, if they are satisfied in upon it I think we had better proceed to the if the Colorado bill was not the order of the day || their minds that the motion ought to be pressed. consideration of the specal order. at one o'clock.

I do not complain of them. But I meet the Mr. CLARK. It is pretty evident, if the The PRESIDENT protempore. It was made proposition on the threshold. I do not conSenator will allow me, that we cannot come to the special order for to-day at one o'clock, by tent myself by waiting to another stage and a vote at once. There is pending the inotion a vote of the Senate, but the unfinished busi- entering into the discussion after we have alof the Senator from Missouri to postpone the ness of yesterday, by the rule of the Senate, lowed the reconsideration. I oppose the recon: bill until the first Monday of December next, takes precedence of the special order, and the sideration. I insist that this subject, once closed and, then, if that is defeated, and the bill is to unfinished business is the Post Office appro- by such a majority, and on such good grounds, pass, I desire to propose an amendment to it priation bill.

as I shall proceed to show, shall not again be before it does pass, and that will necessarily Mr. McDOUGALL. It is my opinion that opened in this Chamber. take some little time.

the ruling of the Chair in this particular case Sir, the proposition concerns the admission Mr. POMEROY. It could not be passed is not according to the law, and I will state my of a State into this Union. I need not remind to-day, probably.

reason as a point of order. The special order you that in other days no such proposition could Mr. CLARK. I do not know, but I think supersedes the order of business, and if the be inade in this Chamber without exciting great we had better go on with the subject that is Chair determine upon reflection to rule other- interest. Some of the most remarkable deregularly before the Senate.

wise I shall be compelled to take an appeal; | bates that have occurred in the Senate have Mr. HENDRICKS. If that is the view of because these are laws that should be under- been on such propositions. The proposition the Senator, I will move that this bill be made | stood, and have to be studied to be learned. has two aspects: first, as it concerns the peothe order of the day for to-morrow at half past A special order overcomes the regular order of || ple in the Territory itself, who, I subunit, are twelve o'clock.

business, both in the House of Representatives not prepared to assume the responsibilities of The PRESIDENT pro tempore. The motion and in this body, as I have understood it. I a State government; and secondly, as it connow before the Senate is to postpone the pres

think if the President of the Senate will con- cerns the other States in the Union, who, I ent and all prior orders and proceed to the con- sider for a moment he will agree with me that submit also, ought not to be obliged at this sideration of the bill for the admission of Col- a special order made by he Senate, for action moment to receive this community into full orado into the Uniort.

upon a particular subject at a given hour, gov- || equality as a State. Mr. HENDRICKS. I move that this sub- erns the regular order of business. In rising to On another occasion I felt ject be made the special order for to-morrow question the judgment of the President I do remind

you of the position, the responsibilities, at half past twelve o'clock.

not propose to reason; I rather rose to suggest | the powers, and the prerogatives of a State in The PRESIDENT pro tempore. There is that Senators may consider the subject, for it this Union. I held up before you what you another motion before the Senate.

is a matter which, as a precedent, may be of would undertake to convey to this small comMr. NYE. I hope the Senator from Kansas | great importance. When the Senate make a munity if you invested it with the character of will withdraw his motion long enough to allow || special order it is to be relied upon as the voice. || a State. I showed you that you would impart the motion to be put on postponing this subject || of the Senate, giving the right to the subject- to it a full equality in this Chamber with the until to-morrow.

matter at the hour appointed, independent of largest States in the Union; with New York, Mr. CONNESS. I hope it will not be made the ordinary course of business. So it has been with Pennsylvania, with Ohio, with Massachua special order in the morning hour.

understood always, as far as my knowledge || setts; and that in the exercise of this equality Mr. POMEROY. I have no objection to ruus, in regard to parliamentary law. I do not the Senators from this small community on all

my duty to And now,

questions of legislation, of diplomacy, and of solemnly bound to maintain the rights of the Land Office, in whose annual report it appears. appointments, might counterbalance the Sen- colored race, you will err if you give your hand This authority is as follows: ators of these large States. Assuming that this to such a community as I have described, which, The extreme limit of thcamount of land capable small community was already a State in the so inferior in population and resources, comes of cultivation in Colorado will not vary much from Union, I had no criticism to make on that forward with a constitution denying those rights.

twenty-five hundred thousand acres.' equality of power; but I did present it to you Thus much, sir, I have to say by way of Thus is the first statement in this pamphlet as an unanswerable argument why you should introduction ; all this is simply that I may sweated down, if I may so express it, from not admit a community so small in the proper open to you in one word the magnitude of the

twenty-five million to twenty-five hundred attributes of a State to the enjoyment of that question and the general principles which thousand acres. high equality.

underlie it; but before I sit down it will be my Mr. KIRKWOOD, The Senator will allow Permit me to say, sir, that you cannot ade. | duty to consider with some minuteness the

me a moment. Will not the Senator find the quately consider this question without giving | actual condition and the resources of this Ter- statement he has just read from the surveyor your attention for one moment to the condition ritory. And here, at this stage of the discus- general's report, word for word and letter for of the country at the moment when the ques- sion, I hope to be pardoned if I call the atten- letter, in the paper submitted by Mr. Evans and tion arises. We are happily at the close of a

tion of the Senate to a document which I find Mr. Chaffee? Then wherein is the misreprelong, a bloody, and a most expensive war. on our tables and which has been read I daresentation, I should be glad to know, when Throughout that war, there was one question say by Senators. It is a pamphlet entitled the very words read by the Senator from Masthat entered into it, predominating over all Colorado,'' and is addressed to the honor- sachusetts are in the report signed by those others. It was the question of justice to the col- able the members of the Senate and House of gentlemen? ored race. And now, sir, ihat the war is closed, Representatives of the United States,' and is Mr. RAMSEY. Does not the Senator recthat our soldiers are no longerin the tented field, signed “ J. B. Chaffee and John Evans, Sen- ognize a difference between agricultural and that same question enters into your debates, ators-elect." As I proceed it will be my duty pastoral lands? and challenges your decision. You have before to allude to statements in this pamphlet, which Mr. NYE. The two and a half millions are you at every stage of your legislation the ques- is the repertory of facts and arguments for the agricultural, the other are pastoral lands. tion of justice to the colored race,

admission of Colorado. I am reluctant to Mr. SUMNER. But they are the same. with this question staring you in the face, what criticise it; but I believe if any Senator will Mr. NYE. Not at all. They do not mean do we see at this moment? A small commu- canvass it from beginning to the end, he will the same in the western States. One means nity in a distant part of the country, small in find that there are very few of its statements sage brush, the other a place where things will population, even according to the statements which are entirely candid, very few which in grow. of its friends not amounting in numbers to more point of fact can be relied upon in all respects, Mr. SUMNER. They mean substantially the than twenty-five or thirty thousand people; I said that it was signed by J. B. Chaffee and same; and it did seem to me that in the form according to the statements of others, even as John Evans. Now, sir, I do not intend to of the statement there was a disposition to few in numbers as ten or fifteen thousand peo- introduce any personal question into this dis- exaggerate uncandidly the actual condition of ple; with agricultural resources that already cussion so far as it can be avoided; but as this the Territory. And if I am mistaken, then I begin to fail; with mining resources that dur- document is on our tables, and as it is here am happy to be corrected, and proceed at once ing the last two or three years have been con- with a certain authority, in order to enlighten to consider the important question of populastantly failing; with accounts at the Post Office us as to our duty on this occasion, I think I tion. It will be remembered that when this which during the past year have been failing; shall not err if I call the attention of the Sen- | enabling act was under discussion my excellent we have this small community coming forward ate to the solemn judgment of one of the most friend, the Senator from Ohio, (Mr. WADE, ] and asking admission to equality as a State in honored committees of this body on the con- who had the bill in charge, stated as follows. the Union with a constitution that tramples onduct of one of the signers of that document. I quote from the Globe: human rights. This new candidate, pressing I have in my hand the third volume of the "I understand there must be now about sixty thoufor recognition, holds up a constitution which Report of the Committee on the Conduct of the sand inhabitants in Colorado. Some think a great excludes all persons from the electoral fran- War, and I turn to the head of the massacres

deal more than that. That is the smallest number I chise who are not white. It presents to you of the Cheyenne Indians.” That report, which

find intimated by those who profess to know any

thing about it. It is a Territory which is filling up a constitution with a discrimination of the word is signed by B. F. WADE, chairman, after very rapidly. Judge Edmunds tells ine that he bas "white;" and the question that you now have alluding to the testimony of Governor John not the least doubt in the world that before they before you is, whether this small community, || Evans, one of the signers of the document

finish their arrangements and become a State. there

will be sufficient population there for a Representaso slender in every respect, of such inferior now on your tables, proceeds as follows: tive in Congress according to the ratio of representacondition, and coming forward with a princi- “Ilis testimony before your committee was charac

tion fixed by the last census." ple of human inequality in its constitution, terized by such prevarication and shufilingas has been That was more than one hundred thousand. shall be admitted by you to the equality of

shown by no witness they have examined during the
four years they have been engaged in their investi-

So that when the enabling act was passed the States in this Union. You are not obliged to gations; and for the evident purpose of avoiding the

Senator from Ohio announced to us, on auadmit it. Your discretion is ample. The admission that he was fully aware that the Indians thority which he regarded, of course, as satlanguage of the Constitution is plain. “New

massacred so brutally at Sand creek, were then, and
had been, actuated by the most friendly feelings to-

isfactory, that there was a population there States may be admitted into the Union," not ward the whites, and had done all in their power to actually of sixty thousand. Now, the populamust be, but "may be." You may exercise restrain those less friendly disposed."

tion, instead of increasing to one hundred your discretion in the exercise of this preroga- Such, sir, is the language of your committee thousand and more as the Senator triumphtive. You may admit, or you may reject. characterizing the testimony of the Governor || antly promised, has been constantly diminishTherefore when called to act, you must exer- of Colorado who now comes here to plead for | ing, growing smaller year by year according cise your discretion. You cannot decline to the admission of that Territory as a State into to all the evidence that comes to us, especially exercise it. You must bring your judgment || this Union. His testimony is held up as char- as shown in the annual elections. Thus, for to bear upon the case ; you must consider well | acterized by such prevarication and shuffling instance, at the election for members of a Terall the facts and all the elements which enter as has been shown by no witness they have ritorial Legislature in the autumn of 1861, the into the civilization of this candidate commu- examined during the four years they have been aggregate vote was 10,580; in December, 1851, nity; you must consider of course its popula. || engaged in their investigations.” It is that gen- a few months later, the aggregate vote for tion, its resources, and also the character of tleman who now signs the paper I hold in my Delegate to Congress was 9,354, diminishing, its constitution. In doing so, you can have no

hand which is addressed to you in the expecta- you will observe. In October, 1862, the agfeeling except of kindness and sympathy for tion of influencing your votes on this occa- gregate vote for a Delegate to Congress was the people there. God knows that I wish them sion.

8,224, still again diminishing. In September, well from the bottom of my heart. There is I shall not consider minutely the character 1864, the aggregate vote was 5,769.

In Sepno aspiration which I do not offer for their of this pamphlet; but I will at this stage call tember, 1861, again there was a vote under welfare; but, on this occasion, we must con- attention to the very first proposition as an illus- the congressional enabling act to determine sider the requirements of duty. And here the tration of what seems to me the uncandid way wheiher a State government should be adopted way is clear.

in which the facts are presented. I may err; or rejected, and the aggregate vote was 6,192. Now, sir, allow me to say, with these few but this is the way it seems to me. For in- Then, again, in September, 1865, only this last words of introduction, that I present to you stance, here is a statement of the area of this September, there was another vote on the this proposition, that such a community as now Territory, which amounts, as it is said, to one adoption of the constitution now before nis, exists in Colorado, deficient in population, fail- hundred and five thousand eight hundred and when we have, all told, only 5,905. So that ing already in agriculture, failing already in eighteen square miles. Of this the pamphlet you will see that from 1861 down to the last mineral resources, and with a constitution which says that two fifths is east of the Rocky mount- evidence before us, the population of this Tersets at defiance the first principle of human | ains, and that its agricultural and pastoral lands | ritory instead of increasing has been diminish; rights, should not at this moment be recognized | comprise forty-two thousand square miles, or ing. Instead of rising to the proportions and as a State of the Union. Mark me, if you please; over twenty-five million acres. That is the the stature of a State, it has been gradually I say at this moment and under these circum- statement with which the pamphlet begins. dwarfing into proportions, I might almost say, stances. The proposition that I present is como Against this statement, which is not authenti- hardly fit for a Territory. It has shrunk inpound or complex. I do not found my conclu- cated in any way, not supported by any author- conceivably and beyond all precedent. I besion on any one of these elements or details, | ity, I oppose authority. I have in my hands a lieve there is no other instance in our history but I found it on the whole compounded together; || transcript from the report of the surveyor gen- where a Territory has gone backwards. Aland I say, sir, that at this moment, at the close eral of Colorado, dated August 15, 1865, ad- ways before population has increased. It is of this war, when by every obligation we are dressed to the Commissioner of the General the rule of this country; it is the tendency of

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our people. But here the reverse has occurred. except by the supposition that the population Mr. STEWART. Who makes that report? If you ask the reason why, it is plain. The is tempted to other lands westward?

Mr. SUMNER. I give these figures from Territory of Colorado is vast in extent, situ- I have said that the Territory had been fail

the finance report. ated on the two opposite sides of a chain of ing in population. I now remind you that it Mr. STEWART. That must be the amount mountains, like Italy “parted by the Apen- | has also been failing in agriculture. On that that went to the Mint. California has never nines,' sparsely settled, with few centers, with head I quote the authority of the surveyor gen- produced less than forty million dollars in any scanty resources, so that emigrants arriving eral of Colorado in his report dated August 15,

year. there from foreigu lands or from the East, 1865, as follows:

Mr. SUMNER. Very well; it is the report, instead of being tempted to stay are seduced “No land can be cultivated without irrigation. so far as it goes, of the Superintendent of the to go still further West.

The great drawback to the getilement of Colorado

Mint, founded on the receipts of that institu"Westward the star of empire takes its way,"

is the want of system in the method of irrigation.
"An emigrant generally leaves the Missouri river

tion. and they finally plant themselves in Montana, early in the spring, and arrives here in time to make Mr. KIRKWOOD. I desire to inquire if or Idaho, or Oregon, leaving behind them Col

a crop, provided he could find a farm already pre- the Senator is giving as the figures officially

pared for working; this he cannot do, and to dig the orado, so that in point of fact this Territory ditch necessary to irrigate a farm will consume the

communicated by the Director of the Mint? can hardly be said at this moment to have what whole summer, and take more money than most Mr. SUMNER. These figures are taken may be called a permanent population. It is

emigrants have. The consequence is, that thousands
come here, spend a few days trying to get a farın,

from the finance report of the Secretary of the a floating population not yet attached to the and go on further west."

Treasury. soil, but still subject to change, and still sui

Mr. STEWART. That gives a very small

There, again, is an answer to the inquiry of ject to the temptation of emigration to other my friend from Kansas, [Vr. Pomeroy.) It

fraction of the actual production. Territories. seenis that the surveyor general of Colorado

Mr. SUMNER. It goes on the basis of what Thus, for instance, Hon. SAMUEL MCLEAN, says that these emigrants, after spending a few

is received at the Mint. Delegate in Congress from the Territory of days at Colorado vainly trying to get a farm

Mr. STEWART. But a very small portion Montana, says in reply to inquiries addressed there, go on further west.

of the product of the country goes to the Mint. to him, that he was a resident of Colorado from

Mr. POMEROY. They do precisely that

We are producing annually in the United States, 1859 to March, 1862; he then went to Montana, when they are in Illinois, and when they are

according to the best estimate we are able to and in the fall of 1861 was elected Delegate. in Missouri, and when they are in Kansas.

get, $100,000,000 of gold and silver, while, He estimates the population of Montana at Those men who are moving west only stop a

according to the report on which the Senator nearly forty thousand, one fourth of whom

little while. If they are not suited in one place relies, only about twenty millions go to the went there from Colorado and are still going.'

Mint. they go on to another. That is precisely what Mr. POMEROY. I ask the Senator if there this statement proves.

Mr. SUMNER. I was commenting on the is any other way of getting to Montana from the

Mr. SUMNER. But the figures here show

statement in the pamphlet, as follows: East except by going through Colorado. Do something more. We have also a statement in

“The report of the Superintendent of the Mint not they all have to go through Colorado?

shows that Colorado, ad a gold-producing country, is the same report of the surveyor general to the Mr. SUNNER. When he says they went

second only to California. ciñect that grasshoppers have interfered with there from Colorado I interpret that he meant

I answered this statement by the finance the products of the soil. Its agriculture has that they made Colorado a temporary home. been essentially impaired by that insect. Here ing to this highest authority, whatever may

report, showing the contrary; so that, accordMr. POMEROY. They may have staid are his words: there over night.

"The only drawback to the cultivation of land is

have been the position of Colorado five or six Mr. SUMNER. He could not mean any the grasshopper."

years ago, during the last three years it has not such thing. That would be playing with words. Again, speaking of the crop of 1865 he says:

been the second gold-producing region of our He says he estimates the population of Mon- "The grasshoppers have destroyed all of two thirds

country. tana at nearly forty thousand, “one fourth of of the grain crop.'

When the Senator interrupted me, I was whom went there from Colorado and are still As no crops can be raised without great giving the figures from the finance report for going.What is the natural meaning of these expense at ditching, and appealing to that irri. the year ending June 30, 1864, showing from words? Obviously that they are emigrating gation which was essential to the agriculture California $15,710,000 of gold, from Idaho from Colorado to Montana.

of ancient Egypt, while there is no Nile in | S2,306,000, from Oregon $2,162,000, and from Mr. POMEROY. They come to my own

Colorado to contribute from its abundant Colorado $2,136,000; so that in 1864 Colorado State in the same way from the East and from waters, and as the grasshoppers destroy two stood fourth on the list, instead of standing Europe. They go to Massachusetts in the thirds of the crop before it is raised, we see second. Then comes the finance report for the same way, and then go on; but we do not easily why the farming population of Colorado year ending June 30, 1865, where it appears argue from that that Massachusetts is not a has diminished.

that California produced $13,332,000 of gold, State, or that Kansas is not a State. This star Then, sir, we come to the mineral resources. Idaho $4,971,000, Montana $1,767,000, and of empire goes westward. These emigrants Colorado is a mining Territory ; its population Colorado $1,622,000; so that during this last stop for a time in all the States. That is what is mining. But here there has been the same year Colorado was again fourth on the list, that means, that they staid for a time in Col. retrogression. Instead of going forward the instead of being the second. For the years orado and then they went on to Montana. Territory has been going backward. Thus, for 1861, 1862, 1863,

and 1864, Colorado, according Mr. SUMNER. But the figures I have read instance, the same ollicial report which I have to this testimony, produced over two millions it seems to me are sufficient.

They explain already quoted, speaking of the mining, says, annually, but in 1865 it produced considerably themselves and answer the Senator from Kan- *the gold crop of the present year, 1864, has less than two millions ; less in 1864 than in sas. They show this constant decrease; and been almost a failure.Then, again, this same 1863 ; less in 1862 than 1861. Therefore, sir, thus, for instance, at the last election there authority, in the report of 1865, says:

according to this unanswerable evidence, you were only 5,905 voters. The Senator from "Gold mining is almost at a standstill. Only fifteen

find that her mineral wealth has been failing, Nerada (Mr. Nye) refers me to a vote of

hundral ounces per week is being produced in the and that this Territory has been less productive

whole mining region of Colorado, and the product 7,000 which occurred, as I understand, at the

than it was at the beginning. for the year will not exceed one million dollars. Governor's election. I have been told that “The speculations of last year caused an entire Sir, there is another illustration which goes there are some circumstances of a peculiar stoppage of all the old mills.

to show how this Territory has been falling off.

A few of the new mills are now in motion, but at character, some persons call them frauds, the present cost of labor, and everything else, they

I refer to the Post Office. I need not remind which affected that vote, so that I have not cannot more than pay expenses. Many companies you that there is no part of our system which undertaken to discuss it. It was not cited are doing nothing, some waiting for better times, quickens, increases, and expands with time

some waiting for machinery, some experimenting on in our debates the other day, and I have not

more than the Post Office. There is no person new processes, and some fooling aroay their money by chosen to introduce it into the discussion now. trusting their affairs to ignorant men, and some who who does not write more letters this year than Mr. NYE. I have it here. never intend to nine outside of Wall street."

he wrote the year before. So with all families. Mr. SUMNER. The statement that I have

Such is the official testimony with regard to The interchanges of affection and of business before me from a citizen of Colorado, I will

the mines, and yet we are told in the pam- grows naturally rather than diminishes. If read, then:

phlet which is on our tables and to which I you find, therefore, that there is a falling off in "The last vote in Colorado is not given for the

have already referred, that “Colorado, as a the Post Office, it is because the population there reason that the canvassers threw out a great many gold-producing country, is second only to Cal- has essentially failed, showing there is not the of the ballots because illegally cast, or rather because ifornia." In point of fact there was a time same need of a Post Office that there was before. of monstrous frauds. Over a thousand, it is currently reported, were thrown out from one district.

when it was second only to California, but that In this respect the fall has not been great, but The number returned from the several voting pre- time has passed. If you look at the statistics it has been enough to indicate a retrogression. cincts was over 7,000.”

you will find that the figures give an unerring It shows what I have been aiming to exhibit Assuming that over 7,000 were returned and answer. Take, for instance, the finance report from the beginning, that this Territory has been that 1,000 were thrown out in one district for for the year ending June 30, 1863. There it going backward. According to the report of fraud, you have that cut down at once to 6.000; appears that California produced $13,501,000 the Postmaster General for the year ending but assuming that it is 7,000, what is all this of gold in that year; Oregon, $3,010,000; Col. June 30, 1863, there was received from letters compared to the original 10,000 votes with orado, $2,893,000; so that in 1863 Colorado in this Territory $1,4-10, from papers $993, which the Territory began, and compared also instead of being the second was the third. from the sale of stamps $14,263, making a sum to the splendid proinises which the Senator from Then take the same report for the year ending | total of $16,697 received by the Post Office Ohio made with regard to the Territory when June 30, 1864, we find that California that from this Territory. For the year ending June he first called the attention of the Senate to it? year produced $15,071,000 of gold; Idaho, || 30, 1864, you had from letters $1,185, a fewer And how do you account for this falling off, $2,306,000

number of letters than the year before; you had

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