Obrazy na stronie

member would be familiar with the name, charter. It assumes, as vested in Congress, | authority to receive compensation. What sort [laughter,] the Raritan and Delaware Bay therefore, the power to take into its own hands of compensation? How is it to be regulated ? Company. The powers conferred upon that the charters granted by the several States, and to Is it to be regulated upon the ground of a quancompany were limited.

modify them just as they think proper, not only tum meruit? Can they charge any passenger Mr. STEWART. I should like to hear the || by extending the authority which the charter just what they please, or just what the jury of a name of the other company.

may grant, but if, in the judgment of Congress, | State, if it becomes the subject of contest, may Mr. JOHNSON. I do not know. One is at any time hereafter, or now, any of the re- decide to be the value of the service? Can sufficient for my purpose, and I have got the strictions in those charters are calculated to they charge for freight just what they please, one I expected to get.

interfere with commerce between the States or subject to a like contingency? Under this bill Mr. CHANDLER. Perhaps the Senator to impede the transportation of the mails, they || they can do it, for the bill does not undertake never heard of the Camden and Amboy. have the authority to repeal, practically, any itself to regulate the charges which the com[Laughter.]

of the limitations in the charter or any of the | panies may make for performing the service Mr. JOÁNSON. Yes, I have ; but I do powers conferred upon the company by the which they are authorized by this bill to pernot think they have anything to do with this charter.

form, but not authorized by their charters to bill. [Laughter.] I do not think they have What do those two powers prove if they ex. perform. Why, sir, that is at war with the polprompted it. I am not sure that the other did ist? That the charter of every railroad com- icy of every State in the Union. It is at war not,

pany of every State in the Union may be mod. with an obviously sound policy. Do you mean Mr. STEWART. I should like to inquire | ified by Congress whenever Congress thinks to subject the travel of passengers or the transof the chairman of the Committee on Commerce

proper to exert the power of modification either || portation of freight to the unlimited demand if the Camden and Amboy Company are favor- by enlarging the franchise or by restricting the which a company may make for either service? able to this bill.

franchise. If Congress should, therefore, come Every State limits the compensation which the Mr. CHANDLER. They are supposed not to the conclusion that the tolls which one of company is authorized to receive; but this bill to be. (Laughter.] these companies is empowered to charge by its

leaves it without limit. Mr. JOHNSON. Then the Raritan and franchise are too high they can reduce them;

But that is not all. The honorable commitDelaware Bay Company is chartered with lim- || if they think they are too low they can increase tee, of which my friend from Michigan is the ited powers. If this bill passes and it is oper- them. What power is that? It is the power, chairman, did not think it was sufficient to ative, that company will be authorized to do

not of establishing a road for the first time by ll accomplish the purpose they had in view, that what it cannot do under its charter. I think

any inherent authority existing in Congress, or the bill should pass in the form in which it that may be considered as perfectly plain as a any delegated authority existing in Congress to came from the House of Representatives. legal proposition, and as a proposition clear in

make roads and canals, but it is an authority | They have, therefore, amended it, and what is the judgment of the committee, who, I suppose, to interfere with the chartered rights of com- the amendment? The bill, without the amendintended to give to the Raritan and Delaware | panies established under charters granted by a ment, merely gives the power to pass with Bay Company, among others, some powers State ; and that is just what this bill does. passengers or supplies that may be destined which its charter did not confer.

If the gentlemen whose minds are not made from any State to another State, and to charge Mr. HOWARD. Will the honorable Sena

up, upon the question will turn to the bill they for the transportation ; but this question octor allow me to inquire what are the termini of will find, I think, that the criticism to which I curred to the committee evidently, and to the the Raritan and Delaware Bay railroad? am about to subject it is well founded. It is friends of the measure outside of Congress, Mr. JOHNSON. I do not know.

sweeping in its terms. Every railroad com- how is a company, limited to some point short Mr. HOWARD. It strikes me that is a very pany in the United States is liable to its pro

of the territorial line of a State, to carry pagessential question.

visions. It recites the authority conferred upon sengers or freight destined from its own to Mr. JOHNSON. If my friend belongs to Congress—I do not give the words now-to some other State? How can it do it? It can the Committee on Commerce, I have no doubt regulate commerce, to establish post roads, to

only do it in one of two ways: by connecting he knows both the termini ; and if not, his raise and support armies; and therefore this at its own terminus with any road which may friend who sits next to him [Mr. CHANDLER] bill is to be enacted under all or any one of the start from that terminus to the State line, or, can set him right in that particular.

authorities which Congress by this recital is if there is no such road, then by making a But it will be authorized, if this bill can be correctly said to have. The power to regulate road; and that is what the committee, if I legitimately passed, to do what it is not au

commerce among the States, to establish post || understand it, have advised the Senate to prothorized to do by its New Jersey charter. If roads, to raise and support armies, either by vide. They say, substantially, there are railthat be so, then the question broadly presents itself or all collectively, are relied upon as show

roads to be found in some of the States which, itself, can Congress, under any authority which ing that what is proposed to be done by the under the limitations of their old charters, it possesses of regulating commerce between bill is within the power of Congress.

will not be able to transport passengers or the States, or of establishing post offices and

Therefore be it enacted, &c., That every railroadcom

freight or supplies on board their own roads, post roads, exempt one of these companies pany whose road is operated by steam, its successors for transportation to the extent of their own from the limitations contained in its charter ? and assigns be, and is hereby, authorized to carry limits, destined for other States, unless they If it can, then the whole country has been upon and over its rond, connections, boats, bridges,

are also authorized-the same company-to and ferries, all passengers, troops, Government supunder a delusion upon the subject of this plies, mails, freight, and property on their way froin

form a connection with some road which will power; every State in the Union has shared any State to another State, and to receive compen- take the passengers or the freight into another in that delusion; every court in every State sation therefor.

State. And you propose to give to the comin the Union and the Supreme Court of the It assumes, then, stopping there, that there pany whose power is limited by its own charter United States have partaken of the same delu- are railroad companies now operated by steam the authority, if there is no existing road with sion ; for it never has been questioned (and I that have not the authority to carry over their which it can connect, to make a connection think I speak with certain knowledge upon the roads, &c., property and passengers on the way by making a road. How is it to be made? It subject) by any State Legislature, by any State from one State to another State, and to receive can only be made by the exercise of the right judicial tribunal, or by the Supreme Court of compensation therefor. Stopping, therefore, of eminent domain, unless the parties through the United States, that. a company chartered at that part of the bill as it is now before the whose lands the road is to pass think proper by a State to make a railroad may have its Senate, we are undertaking to give to these to cede what may be necessary for the purposes franchise forfeited if it undertakes to exercise several railroad companies a power which they of the new road. powers not included within its charter. And have not under their charters-a power which What are to be the limitations imposed upon of the powers which have heretofore been sup- the bill upon its face assumes that they have the company in the management of the road posed exclusively vested in the State govern- not. Let us see how that will work practically. that they are thus authorized to make in order ments, that of regulating the tolls which they In every State in the Union there are to be to form a connection between the existing road may charge, that of regulating the service for found railroads whose termini begin necessa- and a road in some other State, so as to enable which the tolls may be charged, that of regu- rily in the State granting the franchise, and them to carry passengers and freight destined lating the manner in which the business of the which often terminate at some point short of for another State? The power that you confer company shall be conducted, are powers sup- its own territorial line-a railroad from town to is a power involved in the general authority posed to be exclusively intrusted to the State town within a State. We all know that. Do you | which you give them to connect with roads of governments, or rather, to speak in the spirit mean to take from the States the authority to other States in any way and anyhow. You and in the letter of the Constitution of the charter roads of that description? I suppose give them the authority, therefore, under this United States, they are powers not delegated not. But what is the benefit to the State of act of Congress, without restriction to take posto the General Government, and therefore chartering roads of that description if the very session of the land of a State, to take it away reserved to the States.

moment they are chartered Congress can say from its owners, and establish a road of their Now, what will this bill do? The charter that, in spite of State legislation and State own; and, as I said before, after having estabof the particular company, the name of which | policy, a road, both of whose termini are to be lished it to charge for the use of it just what was given to me by the honorable chairman, within the State, may disregard its limits and they may think proper. does not authorize the company to carry pas. go anywhere with any passenger or freight that Even assuming the authority to belong to sengers and freight as it will be authorized to may be on board of their cars, provided they | Congress to charter a road, it would be bad carry passengers and freight if this bill

passes. be destined eventually to some other State? enough if you were to charter a company for Have we the power to do that? In the first But that is not all. You not only give them the purpose of making a railroad and giving it place, what the bill does is to enlarge a charter the authority to carry freight beyond the ter- all the powers necessary to accomplish that granted by a State; it is amendatory to a State minus of their own road, but you give them the purpose,

you should not regulate the man. ner in which the powers are to be exerted, but States came to a different opinion as far as the self sadly mistaken in the practical result, proit is still worse when you leave them at large exigency of that case was determined, and they | vided the principle that is to be found in this to exert the authority that you propose to con: came to that opinion upon the ground that that bill is adopted. Oregon may fancy that she has fer upon them in any way that they may think | authority to regulate commerce among the a right to charter railroads and allix what terms proper.


States included navigation, and was an author- | she thinks proper; Colorado, if she comes in-But that is not all. The amendment goes ity which did not terminate at the boundary and that may be one of her purposes in com. further. It gives the power "to connect with line of any State, but went into any State as ing-may desire to charter railroads, and she roads of other States, so as to form continuous far as its navigable rivers would permit it to may think that she will derive vast benefit lines for the transportation of the same to the go, and that Congress, therefore, had the au- from the right to have control over franchises place of destination." Now mark, Mr. Pres- thority by license to authorize the vessels ob- of this description. But it is a delusion if the ident, I have assumed that it will sometimes | taining a license from the United States to || principle upon which this bill stands is a sound happen that there is no existing road with | pursue their trade from the State to which they one. It will depend entirely upon the fancy of which they can make a connection, and that belonged to the State for which the cargo was Congress. they are therefore to make a road. To give || destined; but in that decision Chief Justice Let a committee on commerce, as enlightthem the authority, if we have the power to Marshall, speaking for the whole bench, ad- ened as the present committee of this body is, authorize them to make a road, to charge for mitted that roads exclusively within the linn- get it into their heads that the limitations conthe use of the road would seem to be all right. its of a State, commerce altogether internal, stained in these several charters are dangerBut there are railroads with which a connec- whether carried on upon the waters of a State ous and destructive to commerce between the tion may be made. Then what do you say to or carried on upon the roads of a State, were States or to foreign commerce, and then they them? The Raritan railroad-and I mention it | entirely, exclusively, within the jurisdiction of will claim not to usurp, because they do not only for the purpose of illustration-connects the State.

consider it as usurpation, but they will claim with some other road in New Jersey which Now, what does this bill say? That a road the right to take the whole subject into the runs through the State, and it can by means constructed for the local trade of a State, for hands of Congress, thus throwing back in the of that other road transport the

passengers on

the purpose of benefiting a commerce entirely instances to which I have alluded Oregon and board its own cars and the freight destined to internal as within a State, shall not be subject Colorado into the chrysalis state of a Terrisome other State, to their places of destination. to any limitations contained in its own charter, || tory, and liable to the mischief so well depicted Now, what do you say? That if their passen- || provided it has on board its cars a passenger by my friend from Oregon. I tell him to take gers and their freight are placed in the cars of or a box of freight designed to go beyond the heed. Oregon is in danger. The people of the road with which they form a connection limits of which the road is authorized to carry Colorado, whom he is so anxious at once to and by which they are carried to the place of it by its own charter. Once find the possession bring into this Union of States, are in danger. their destination in some other State, they may of one of these companies whose rights are || It is not the old States only, but the new; ono charge for the transportation upon that con- limited, granted for the purpose of carrying on and all will be involved in the vortex of connecting road. Nothing is plainer than that. domestic trade as contradistinguished from || gressional power, until at last we shall become They are to connect with roads of other States commerce between the States-once put on in relation to a subject of paramount imporso as to form continuous lines for the transpor- board a road of that description a particle of tance, until lately considered to be exclusively tation of passengers and freight to their place freight or a single passenger, and it has a right vested in the States, a consolidated Governof destination, and they are to receive compen- to disregard its own charter, and the State has ment; and I stand upon the wisdom of our sation therefor.

no authority to refuse that permission. It has fathers—wisdom which fell from the lips of What is the effect upon the passenger or the no authority, therefore, to repeal the charter. those men who were foremost in giving a owner of the freight, ił I am right? It is this Let us look at that for a moment. The fran- liberal construction to the Constitution after it unless it be the purpose of the committee to chise is abused, clearly abused, or the State was adopted and were members of the Federal accomplish what I suppose they will hardly exercises a power reserved, as is done in most party, among whom was the enlightened and pretend to say they have the authority to accom- of these charters, of repealing or modifying the eloquent Ames, when I say to the Senate, I plish-to mulct the passenger or the owner of charter. You pass this act. A State insists do not repeat his language, I give the subthe freight with double charges. The passen- upon her right to forfeit the charter of any par- stance of it—that consolidation in that sense ger upon the Raritan railroad, or the owner of ticular company upon the ground that it is sub- will be destructive of American constitutional freight which is transported upon the connect- ject to forfeiture for an abuse of its franchise; freedom. The Union consolidated is one thing; ing road of which the Raritan railroad consti- or it undertakes to qualify the franchise; it un- the Government of the Union consolidated so tutes no part except under the authority of this dertakes to repeal the charter. Can the State as to take within its own grasp powers herebill, is to be charged for that transportation by do that if we have the authority to pass this tofore supposed to be reserved to the States, the Raritan company; and you do not propose bill? May not the company say, and say with || is another thing. Under the first no imagito take from the connecting road that power. success, if we possess the power this bill assumes nation can depict the renown, the prosperity, Leaving, therefore, to the connecting road the to exert, “It is true we have abused the fran- and the happiness which will be the fate, if not power to charge for transportation, you give to chise; it is true that independent of congressional of ourselves, of those who are to follow us; the Raritan road the power to charge also, and legislation the charter may be forfeited; it is and no imagination, however fertile in conyou give it without any limitation. They may true that by the terms of the charter you have a ceiving mischiefs that may come in the future, charge what they please. Not being subject || right to repeal it; but we stand upon the para- can depict the horrors that will sooner or later to the limitations contained in the charter of mount authority of the Congress of the United be the result of such a consolidation as I have the connecting road, they are left to fix their | States, and they have decided that we shall just stated; internal dissension, civil wars withcompensation upon the ground of a quantum || have the authority to make a road, unless we out number, until we are reduced to the conmeruit. Why, Mr. President, with just as much can form the connection in some other way, so dition in which the South American republics authority, I think, could Congress say that the as to connect our own road with the roads lead- are now placed for the most part, when some passenger should be carried without compensa- || ing to some other State; you have no right to military usurper coming from abroad or spring. tion. The authority to increase the tolls involves interfere to forfeit our charter or repeal our ing up within our own limits shall save us from in it the authority to diminish the tolls, and the charter, because to do either renders useless the horrors of anarchy by ruling us with a des. authority to diminish the tolls involves the the object which Congress has in view, and as

potic will. power to do away with the tolls altogether and every legal act of Congress upon any subject I am done, Mr. President. make the roads free.

over which the jurisdiction of the body extends Mr. HOWARD. Mr. President, I have not I have not the books before me, Mr. Presi- is by the very terms of the Constitution para- had as full an opportunity to examine the dent, nor if I had would I trouble the Senate mount to State legislation, we stand upon that facts connected with this case and the legal with citations from them; but every lawyer in paramount authority, and we defy the State to decisions which may be applicable to it as I the Senate who is at all familiar with the decis- take away from us our franchise.'

could have desired. ions of the Supreme Court of the United States Now, Mr. President, as far as we can do it, Mr. JOHNSON. If the Senator will permit knows that long before and subsequent to we have admitted Colorado; and it was put me, I will move that the matter go over until the case of Gibbons vs. Ogden, reported in 9 upon the ground that a territorial condition

to-morrow. It is a subject that ought not to Wheaton, it was the received doctrine that the was not suited to the genius of the American be disposed of at once. internal commerce of a State was exclusively people; they wanted the protection that a State Mr. HOWARD. Very well. in the power of a State. The great men who of this Union can claim under the Constitution. Mr. WILSON. Let us have an executive filled the judicial department of the State of Pass this bill, and as far as the particular power session. New York at the time when that decision was is concerned, heretofore deemed to be exclu- Mr. CHANDLER. I move that the Senate pronounced in the State court-men whose | sively in the States, we are in a condition neither

proceed to the consideration of executive busisuperiors were never found upon any bench more nor less than territorial. My friend from

ness so as to leave this bill as the unfinished either before or since-were of opinion in that Oregon, (Mr. WILLIAMS,) who so well told us business for to-morrow. case that the exclusive patent granted for the how important it was to the people of a Terri- Mr. HOWARD. I yield the floor for that navigation of the waters of the Hudson river tory to be permitted to form themselves into a

purpose. by steam was authorized upon the ground that State government, to become a part of this The motion of Mr. CHANDLER was agreed the Hudson river was entirely within the State great brotherhood of States, to be one of the to; and after some time spent in executive sesof New York, and it was therefore to be con- States composing the Union, in order that they

sion, the doors were reopened. sidered as included within the admitted right may have the powers reserved to the States

MESSAGE FROM THE HOUSE. of every State to regulate its own domestic and to the people of the States and escape the commerce. The Supreme Court of the United exclusive legislation of Congress, will find him. A message from the House of Representa


tives, by Mr. McPherson, its Clerk, announced Mr. MORRILL. I think not.

mination of every fiscal year after this act shall that the House had passed the following bills, Mr. J. M. HUMPHREY. The justice of the begin to operate, the provisions thereof shall in which it requested the concurrence of the one is as great as the other.

apply to all similar certificates, draits, and Senate:

Mr. MORRILL. I know of no such cases. checks which shall then have remained for A bill (H. R. No. 434) for the relief of Isa- Mr. J. M. HUMPHREY. I have in my three years or more outstanding, unsatisfied, bella Strubing;

possession a petition to the Secretary of the and unpaid, and to all disbursing officers' A bill (H. R. No. 473) to extend the juris- || Treasury, which I have not yet presented, ask- accounts that shall have so remained unchanged diction of the Court of Claims; and ing just such relief as this.

as in the next section provided for. A bill (II. R. No. 475) to facilitate the set- Mr. MORRILL. I think we might find a The fifth section provides that the amounts, tlement of the accounts of paymasters of the great many cases of persons in the United

except such as are provided for in the first secArmy.

States who have purchased produce in Canada tion of this act, of the accounts of any kind of ENROLLED BILL SIGNED.

under those circumstances. If we open the disbursing officer of the Government of the The message further announced that the

door in one case the number of persons to be United States which shall have remained unSpeaker of the House of Representatives had

relieved may be interminable. I should be changed or which shall not have been increased signed an enrolled joint resolution (H. R. No.

very much opposed to making the provisions by any new deposit thereto, nor decreased by 67) providing for the reappraisement of the of any bill so wide as that.

drafts drawn thereon for the space of three lands described in an act for the relief of Wil

The bill was then read the third time and years, shall, in like manner, be covered into liam Sawyer and others, of Ohio. passed.

the Treasury to the proper appropriation to Mr. MORRILL moved to reconsider the which they may belong; and the amounts EXECUTIVE COMMUNICATION.

vote by which the bill was passed; and also thereof shall, on the certificate of the TreasThe PRESIDENT pro tempore laid before moved that the motion to reconsider be laid urer of the United States that such amount the Senate a message from the President of the upon the table.

has been deposited in the Treasury, he credited United States, submitting, for the consideration The latter motion was agreed to.

by the proper accounting officer of the Treasof Congress, a communication from the Secre

ury, on the books of the Treasury Department, tary of the Interior in relation to the failure to ACCOUNTS OF TIIE UNITED STATES TREASURER.

to the officer in whose name it had stood on the complete the eastern division of the Union Mr. MORRILL, by unanimous consent, books of any agency of the Treasury, if it shall Pacific railroad; which was referred to the reported back, without amendment, from the be made to appear that he is entitled to such Committee on the Pacific Railroad, and ordered Committee of Ways and Means, Senate bill credit. to be printed.

No. 158, to facilitate the settlement of the The sixth section enacts that for the parLEAVE OF ABSENCE.

accounts of the Treasurer of the United States, pose of giving force and effect to the full intent On motion of Mr. GRIMES, two weeks' leave and to secure certain moneys to the people of and meaning of this act, it shall be the duty of of absence from Monday next was granted to

the United States, or to persons to whom they || the Treasurer, and of all Assistant Treasurers, Mr. HENDRICKS.

are due, and who are entitled to receive the and of all designated depositaries of the UniCONTRACTORS FOR VESSELS AND MACHINERY.

ted States, and of the cashiers of all national

Mr. WASHBURNE, of Illinois. Let the banks designated as such depositaries, to report Mr. HENDRICKS. I move to lay aside the bill be read.

to the Secretary of the Treasury at the close of pending special order and take up Senate bill

The bill was read. The first section provides business on the 30th day of June next, and in No. 220.

that all amounts of money that are represented like manner at the close of business on every The motion was agreed to; and the Senate

by certificates, drafts, or checks issued by the 30th day of June thereafter, the condition of resumed the consideration of the bill (S. No. Treasurer of the United States, or by any dis220) for the relief of certain contractors for | bursing officer of any department of the Gov

every such account so standing, as specified in

the preceding sections, on the books of their the construction of vessels-of-war and steam

ernment of the United States upon the Treas. respective offices, stating the name of each ach. HENDRICKS. I move that the further yrer, or any Assistant Treasurer, or designated depositor respectively with his official designa

depositary of the United States, or upon any consideration of the bill be postponed to and

tion, the total amount so remaining on deposit national bank designated as a depositary of the to his credit, and the dates respectively of the made the special order of the day for to-morrow United States, and which shall be represented last credit and the last debit made to each of at one o'clock.

on the books of either of such offices as standThe motion was agreed to.

such accounts respectively; and it shall be the ing to the credit of any disbursing officer, and | duty of every and each disbursing officer in any On motion of Mr. POMEROY, the Senate bearing date prior to July 1, 1863, and which and every department of the Government of adjourned.

were issued to facilitate the payment of war- the United States to make a like return of all

rants or for any other purpose in liquidation of checks issued by such officer, and which may HOUSE OF REPRESENTATIVES. a debt due from the United States, which shall then have been outstanding and unpaid for three THURSDAY, April 26, 1866.

remain outstanding on the 1st of July, 1866, 1 years and more, stating fully in such report the The House met at twelve o'clock m.

shall be deposited by the Treasurer of the Uni- name of the payee, for what purpose given, The Journal of yesterday was read and

ted States, to be covered into the Treasury by the office on wbich drawn, the number of the approved.

warrants to be carried to the credit of the par- voucher received therefor, and the date, mum

ties in whose favor such certificates, drafts, or ber, and amount for which it was drawn, and REFUNDING CERTAIN DUTIES.

checks were respectively issued, or to the per- when known, the residence of the payee. Mr. MORRILL. I ask leave to report back, sons which were entitled to receive pay thereof, Mr. MORRILL. Mr. Speaker, this act bewithout amendment, from the Committee of and into the appropriation account to be denom- comes necessary in consequence of the fact, Ways and Means, Senate bill No. 255, to remit inated “outstanding liabilities."

which is of course known to all the members and refund certain duties.

The second section provides that the certifi- of this House, that no money can be taken I will explain the bill in a few words. After cate of the Register of the Treasury, stating the from the Treasury without an appropriation.. the expiration of the reciprocity treaty, some amount of any draft issued by the Treasurer In the dealings of the Department with disproduce which it was intended to send from of the United States to facilitate the payment bursing oflicers and with various officers conone port in the United States to another port of a warrant directed to him for payment, and nected with the Treasury, there will constantly in the United States was accidentally detained which shall have remained outstanding and arise little errors in their accounts; and in by ice, and in consequence became subject to | unpaid for three years or more as aforesaid, order to facilitate the settlement of these acduties. This bill has already passed the Senate and which shall have been thus deposited and counts it has been necessary heretofore to unanimously. No one under these circum- covered into the Treasury, shall be, and the pass an act of a similar kind. None has stances would be likely to exact duties from our same is hereby authorized to be, when attached been passed since 1837, and that act was conown people. I think there can be no objection to any such warrant, a sufficient voucher in strued to apply only to transactions occurring to it.

satisfaction of any such warrant or part of any previous to that date. The bill was received and read. It directs warrant, the same as if the drafts correctly I have conversed with the Treasurer of the the Secretary of the Treasury to renit, or if indorsed and fully satisfied were attached to United States, General Spinner, upon this matpaid to refund, any duties levied on produce such warrant or part of warrant; and all mon- ter, and am quite satisfied that it is right. It shipped from a port in the United States to a eys mentioned in this and the preceding sec- will not take a dollar out of the Treasury; the port in the United States via Canada, if the tion shall remain as a permanent appropriation money is all there; but it is necessary that we said produce was actually in transitu and for the payment of all such outstanding and should give the power to make these transters detained by ice when the recent reciprocity unpaid certificates, drafts, or checks. from general to special accounts, in order that treaty with Canada expired.

T'he third section provides that the payce or these accounts with a large number of indiMr. MORRILL. This bill is well guarded, the bona fide holder of any such draft or check, viduals, some of which are large, while many and is intended to apply to some grain, I sup- the amount of which has been so deposited and are very small, may be settled and closed. If pose, going from the West to the East.

covered into the Treasury shall, on presenting no one wishes further explanation, I will ask Mr. J. M. HUMPHREY. Does this bill the same to the proper officer of the Treasury, for the previous question. include grain that was bought in Canada be- be entitled to have it paid by the settlement of The previous question was seconded and the fore the reciprocity treaty expired?

an account and the issuing of a warrant in his main question ordered ; and underthe operation Mr. MORRILL. It applies to grain shipped | favor, according to the practice in other cases thereof the bill was ordered to be engrossed from a port of.the United States only.

of authorized and liquidated claims against the and read a third time; and being engrossed, Mr. J. M. HUMPHREY. Ought it not to United States.

it was accordingly read. the third time and cover both cases?

The fourth section provides that at the ter


Mr. MORRILL moved to reconsider the gence; and all messages, dispatches, and communica- is no reasonable objection we may take it up
vote by which the bill was passed ; and also tions shall be forwarded in the order in which they and pass it.
moved that the motion to reconsider be laid

shall be received; and the said company shall not bo
permitted to charge and collect for messages trans-

Mr. INGERSOLL. When can it come up on the table.

mitted through any ofits submarine cables more than again if it goes to the Committee of the The latter motion was agreed to. the rate of $3 50 for messages of ten words.

The amendment was agreed to.

The SPEAKER. The gentleman can ask Mr. HAYES asked unanimous consent to

Mr. ELIOT demanded the previous question. unanimous cousent on any day to discharge report, from the Committee on the Library, a

The previous question was seconded and the the Committee of the Whole. joint resolution (II. R. No. 112) to authorize main question ordered; and under the opera.

Mr. INGERSOLL. I cannot press it now tion thereof the bill was ordered to a third without a suspension of the rules. Will not the distribution of a portion of the surplus reading, and was accordingly read the third | my colleague, (Mr. WASHBURNE,] examine it copies of the American State Papers in the time and passed.

himself? custody of the Secretary of the Interior. The Clerk read as follows:

Mr. ELIOT moved to reconsider the vote The SPEAKER. Will the gentleman from

by which the bill was passed ; and also moved Illinois, [Mr. INGERSOLL, 1 allow it to go to Joint resolution to authorize the distribution of a that the motion to reconsider be laid upon the

the Committee of the Whole or withdraw it? portion of the surplus copies of the American Stato Papers in the custody of the Secretary of the Intetable.

Mr. INGERSOLL. Let it be referred. rior. The latter motion was agreed to.

The joint resolution was accordingly read a Whereas it appears from a report of the Secretary

first and second time, referred to the Commit. of the Interior, dated January 25, 1864, that there

RELIEF OF ARMY PAYMASTERS. remain undistributed at the Interior Department

tee of the Whole on the state of the Union, upward of eight hundred copies cach of tho Ameri

Mr. SCHENCK. I ask unanimous consent and ordered to be printed. can State Papers, second series, in seventeen vol- to report back, from the Committee on Military

ADVERSE REPORTS. umes: Therefore, Be it resolved by the Senate and IIouse of Represent

Affairs, House bill No. 475, for the relief of atirea of the United States of America in Congress aspaymasters of the Army, with a substitute.

Mr. WASHBURN, of Massachusetts, from sembled, That the Secretary of the Interior be, and Mr. WARD. I object to its consideration

the Committee of Claims, by unanimous conhe is hereby, directed to distribute, by mail or otherat this time.

sent, reported adversely on the following cases; wise, four hundred copies of each of the said volumes in the manner following, to wit: to each member of

The substitute was ordered to be printed;

which were laid on the table : the Senate and Ilouse of Representatives of the progand the bill and substitute were then recom

Petition of Henry Willard, wagon-master, ent Congress, one copy; to such public and college mitted.

for compensation for services rendered. libraries as may bo designated by tho Joint Com

Claim of L. D. Clemens. mittee on the Library, one copy each.


Petition of William D. Wesson for


&c. Mr. WASHBURNE, of Illinois. I object. On motion of Mr. SCHENCK, the Commit

INDIAN AFFAIRS. Mr. HAYES. I am anxious the joint reso- tee on Military Affairs was discharged from lution should pass before leaving the city, and the further consideration of Senate bill No.

Mr. WINDOM, from th Committee on InI think if the gentleman will listen to a state- 259, to authorize the Secretary of War to settle

dian Affairs, by unanimous consent reported ment he will withdraw his objection,

the claims of the State of Kansas for the ser- Senate bill No. 204, to provide for an annual Mr. WASHBURNE, of Illinois. I am op- vices of the militia called out by the Governor || inspection in Indian affairs, and for other purposed to the resolution in any shape. We have of that State on the requisition of Major Gen- poses; which was ordered to be printed, and no right to take the books of the Government eral Curtis, commander of the United States

recommitted to the Committee on Indian Af

fairs. without paying for them.

forces in that State; and the same was referred Mr. HAYES. I move to suspend the rules. to the select committee on the war debts of

ISABELLA STRUBING. The SPEAKER. That motion is not now the loyal States.

Mr. TAYLOR, from the Committee on Inin order.


valid Pensions, by unanimous consent reported LIBRARY OF CONGRESS. Mr. INGERSOLL, by, unanimous consent, | Strubing, widow of private Edmund Strubing,

back a bill granting a pension to Mrs. Isabella Mr. HAYES. I ask unanimous consent to

introduced a bill authorizing the sale of a piece | deceased, of the forty-sixth regiment Pennsylreport the following joint resolution from the

of land in the city of Washington; which was Joint Committee on the Library :

vania volunteers, with an amendment in the read a first and second time, and referred to

nature of a substitute. Joint resolution cxtending the privileges of the Li- the Committee for the District of Columbia. brary of Congress to certain officers of the United

The substitute grants a pension of eight dolStates.


lars per month from the 30th of May, 1864, Resolved by the Senate and Ilouse of Representatives of the United States of America in Congrens assembled,

Mr. INGERSOLL. I should like to call

during her widowhood, and provides that upon That the privilege of using the books in the Library the attention of the House to a subject that

her death or marriage it shall go to her chil. of Congress shall be cxtended to the General-in-Chief

dren until they shall attain the age of sixteen was referred to the Committee for the District of the Army of the United States; to tho Assistant Secretaries and chiefs of bureaus of each of the Deof Columbia some time since, respecting the

The substitute was agreed to. partments; to the Comptrollers and Auditots of the sanitary condition of this city. The committee Treasury, and the Treasurer of the United States; to examined that question and reported a resolu

The bill was then ordered to be engrossed; the Superintendent of the Const Survey, the Superintendent ofthe Naval Observatory, the Surgeon Gention for the adoption of the House, but its con:

and being engrossed, it was read the third time

and passed. eral of the Army, the Judge Advocate General of the sideration being objected to it was withdrawn,

Mr. TAYLOR moved to reconsider the vote Army, the Superintendent of the Government Print- and has never received the action of the House. ing Office, tho Commissioner of Public Buildings, and the Postmaster, Sergeant-at-Arins, and Doorkeeper In view of the cholera having reached our

by which the bill was passed; and also moved

that the motion to reconsider be laid on the of the Senate and llonse of Representatives, on the shores, and that this city presents a condition

table. satne terms and conditions as prescribed by law for

inviting that epidemic, the committee have Senators and Representatives,

The latter motion was agreed to. Resolved, That no books shall be taken by persons

thought it proper to ask a small appropriation, privileged to use said Library outside of the limits which I hope will be considered this morning.

COURT OF CLAIMS. of the District of Columbia. I ask that the resolution be read.

Mr. ANCONA. I ask unanimous consent Mr. WASHBURNE, of Illinois. I object, The joint resolution was read. It proposes to call up the motion to reconsider the vote by unless it is amended so as to let in the whole to appropriate $25,000, and places the same which House bill No. 473, extending the jurisworld.

under the control of the Commissioner of Pub- diction of the Court of Claims, was recomMr. ROSS. I want the soldiers' orphans | lic Buildings to be expended by him, or so mitted to the Committee on Military Affairs. and widows included.

much thereof as may be necessary, in such No objection was made. TELEGRAPH TO THE WEST INDIES.

work as may be required to put in proper con- Mr. WASHBURNE, of Illinois. Let the

dition the avenues and public reservations bill be reported. Mr. ELIOT, from the Committee on Com

under his control so as to prevent if possible The bill was read. merce, reported back Senate bill No. 26, grant

the appearance of the cholera or otherepidemic Mr. WASHBURNE, of Illinois. For what ing to the International Ocean Telegraph Com- in the city of Washington.

purpose is this bill before the House? pany the right and privilege to establish tele- Mr. WASHBURNË, of Illinois. I have no The SPEAKER. On a motion to reconsider graphic communication between the city of New objection to its being introduced and referred the vote by which it was referred. York and the West India islands, with amend

to the Committee of the Whole on the state of Mr. WASHBURNE, of Illinois. To what ments. the Union, where we can consider it

committee was it sent? First amendment:

Mr. INGERSOLL. The object is now to The SPEAKER. The bill was reported by Strike out after the words "at all times" the words take steps with as little delay as possible. the Committee on Military Affairs at the time "during a state of war;" so it will read:

Mr. HARDING, of Illinois. I suggest that that committee was reporting, and recommit. SEC. And be it further enacted, That the said In

it be extended to the object of keeping the ternational Ocean Telegraph Company shall at all

ted; and a motion to reconsider was made with times give the United States the free use of said cablo Hall of the House healthy and comfortable. the understanding that the gentleman from or cables, to a telegraphic operator of its own selec- I, myself, have been near perishing here for Pennsylvania [Mr. Ancona) should call it up tion, to transmit any messages to and from its military, naval, and diplomatic agents,

want of a breath of fresh air ever since I have afterwards. No objection being made, the The amendment was agreed to.

been here. Daily I am reminded of the black gentleman has called up the motion to recon

hole" of Calcutta. I am absolutely afraid of sider, and it is now before the House. Second amendment: perishing for want of air.

Mr. WASHBURNE, of Illinois. I hope Insert after the word "agent," the following:

Mr. WASHBURNE, of Illinois. Let it go that motion will not be pressed this morning. And the said company shall keep all its lines open

to the Committee of the Whole on the state of The SPEAKER. to the public for the transmission, for daily publica

The gentleman from tion, of market and commercial reports and intclli- the Union, and I will examinc it, and if there Il Pennsylvania proposes, in case of reconsid.


upon the table.

eration, to move to strike out the first section Mr. WASHBURNE, of Illinois. It relieves Mr. SCHENCK. I think perhaps this matof the bill, and to insert in lieu thereof the them from a liability to the Treasury.

ter would be better understood by having the following substitute:

Mr. BINGHAM. I do not want the House | bill and the proposed substitute for the first That the Court of Claims shall have jurisdiction to to be misied by any such remarks. The same section again read. hear and determine tho claim of any paymaster, thing is done in this House upon ex parte testi- The bill and substitute were again read. quarterınaster, commissary of subsistence, or other disbursing officer of the United States, or of his ad

mony; not testimony taken before a committee Mr. WASHBURNE, of Illinois. In order ministrators or executors, for relief from responsi

authorized to examine witnesses in the prem- to remove any difficulty I would suggest to the bility on account of losses, by capture or otherwise, ises, but testimony taken out of doors before || gentleman in charge of this bill, [Mr. Ascona,] while in the line of his duty, of Government funds,

a notary public or a justice of the peace. I to put in a proviso that an appeal shall be vouchers, records, and papers in his charge for which he was and is held responsible. have seen this thing; I have had some experi

allowed in all cases. ence in it, and I undertake to say that the effect Mr. BINGHAM. Mr. ANCONA. I will only state that this

In order to satisfy the substitute is proposed with the concurrence of

of this bill is to protect your Treasury against gentleman, although I think it is the law now, the Committee on Military Affairs, and is merely | sands of dollars annually. depletion to the extent of hundreds of thou- I would suggest to my colleague on the com

mittee [Mr. ANCONA) to modify his substitute a change of phrasedlogy, making the bill gen

Mr. WASHBURNE, of Illinois. How is it || by adding the following proviso: eral. Mr. WILSON, of Iowa. I would inquire

to protect the Treasury when it affords the Provided, An appeal may be taken to the Supreme whether this will has been printed. means to these gentlemen of getting rid of

Court as in other cases. paying what is standing against them into the Mr. ANCONA. I will modify the proposed Mr. ANCONA. It has been on the files of Treasury ?

substitute in accordance with the suggestion of members for two or three weeks.

Mr. BINGHAM. The House is not to be the gentleman from Ohio, (Mr. Bingham.] Mr. WILSON, of Iowa. Has the substitute || deluded by any such suggestion. I answer the been printed?

Mr. STEVENS. I would inquire if this is gentleman by saying that time and time again confined to certain documents, such as bonds, Mr. ANCONA. It has not, but it is a change we have had bills passed through this House or does it embrace all the funds which may merely of plıraseology, and makes the act gen

relieving persons from liabilities which they have been lost? eral instead of confining it to particular cases, are under to the extent of thousands of dollars, Mr. BINGHAM. All that is lost without There can be no possible objection to it. It and that, too, when there was not a syllable of fault. will relieve the Department from a great deal || legal evidence in the case. Now, this bill pro

Mr. STEVENS. Does it embrace money of trouble on account of these claims. I demand the previous question on the mo

vides that all this shall be done upon proper which may have been lost?
evidence, before competent law officers.

Mr. BINGHAM. Certainly it does. tion to reconsider.

Mr. GRIDER. It submits the justice of the Mr. WASHBURNE, of Illinois. If the bill Mr. WASHBURNE, of Illinois. I move case to the court ?

is as broad as that, then I think the House to lay the motion to reconsider upon the table.

Mr. BINGHAM. Certainly it does; and certainly should never pass it. The question was put, and there were-ayes the court is to pass upon the case upon proper

Mr. ANCONA. I now demand the previous 28, noes 36; no quorum voting:

evidence, and after being fully satisfied that question. Tellers were ordered; and Messrs. ANCONA, the party asking relief is not in fait, that he The previous question was seconded and the and WASHBURNE of Illinois, were appointed, has done his whole duty, then the decide that main question was ordered; and under the

The House divided ; and the tellers reported || in equity he is entitled to be relieved from operation thereof the vote recommitting the -ayes 24, noes 70. liability,

bill to the Committee on Military Affairs was So the House refused to lay the motion to Mr. GRIDER. And depositions in the case reconsidered. reconsider can be read in the court?

The question recurred upon the motion to The question recurred on the demand for the

Mr. BINGHAM. Only upon notice, and in recommit the bill. previous question on the motion to reconsider.

the presence of the officer of the Government Mr. ANCONA. I call the previous question Mr. WASHBURNE, of Illinois. I hope the charged with looking after the interests of the on the motion to recommit. gentleman from Pennsylvania will not press the Government.

The previons question was seconded and the consideration of this bill this morning. It is Mr. SCHENCK. I am a great deal aston- main question was ordered. certainly one which ought not to be passed

ished that opposition should be made to the The question was taken; and the motion to without full and free discussion. It takes away

passage of a bill of this kind. It is not neces- recommit was not agreed to. jurisdiction from the House in all matters of

sary that I should add anything to what has Mr. ANCONA. I am instructed by the claims of this particular kind, leaving it to the been said by my colleagues upon the com- Committee on Military Affairs to move the Court of Claims. Now, I think that is very mittee, (Messrs. Ancona and Bingham,) ex- following as a substitute for the first section unsafe. I think the House ought not to part | cept this: I wish to advise the House that of this bill: with its jurisdiction over these matters. I hope

there have been referred to the Military Com- That the Court of Claims shall have jurisdiction to the gentleman will postpone this motion.

mittee a great number of cases which would hear and determine the claim of any paymaster, Mr. ANCONA. I see no reason for post

have occupied pretty much all the time of the quartermaster, commissary of subsistence, or other poning it any longer. The bill was reported

disbursing officer of the United States, or of his adcommittee if we were to give to cach case that unanimously by the Committee on Military || investigation which ought to be given to it

ministrators or executors, for relief from responsibil

ity on account of losses by capture, or otherwise, whilo Affairs and has been on the files of members before arriving at something like a judicial

in the line of his duty, of Government funds, vouchfor two or three weeks.

ers, records, and papers in his charge, and for which decision upon its merits. They are cases Mr. BINGHAM. Will the gentleman let me

he was and is held responsible: Provided, An appeal where quartermasters, commissaries, and other may be taken to the Supreme Court as in other cases. say a word ?

disbursing officers have lost their vouchers by The question was upon agreeing to the subMr. ANCONA. I will withdraw the pre- capture by the enemy, or otherwise, and they stitute for the first section. vious question for that purpose.

are therefore unable to have their accounts Mr. ANCONA. I call the previous question. Mr. BINGHAM. Mr. Speaker, I desire to presented, except upon other and secondary The previous question was seconded and the say, in answer to the suggestion of the gentle- evidence.

main question ordered ; and under the operation man from Illinois, that the substitute is but Now, all that this bill provides is, that instead thereof the substitute was agreed to. verbal; that it does not change in any particu- of each case being adjusted and settled in the The bill as amended was then ordered to be (ar the substance of the bill as originally re- hurry of congressional business, by a commit

engrossed and read a third time; and being ported by the committee and printed. This bill tee of either House or Senate, and a special | engrossed, it was accordingly read the third does not put it in the power of the Court of enactment passed for the purpose, there shall time. Claims to take one dollar out of the Treasury be a general law referring to the Court of The question was upon the passage of the of the United States. It simply provides that Claims all cases of this character, authorizing | bill as amended ; and being taken, there were, in all cases of alleged losses by paymasters, that court to report what are the facts in each upon a division-ayes sixty-six, noes not quartermasters, or commissaries of subsistence, case, and whether credit should or should not counted. which are usually passed upon in this House | be allowed to the disbursing officer. That is So the bill was passed. upon ex parte evidence, the claimants shall the whole effect of this bill. We prefer a gen- Mr. ANCONA moved to reconsider the vote make their claims under the sanctions of law, eral law because we believe that neither a com

by which the bill was passed ; and also moved under the solemnity of oaths administered in mittee of this House, nor the House itself, that the motion to reconsider be laid upon the judicial proceedings, and in the presence of a could give a thorough investigation to each of

table. law officer of the United States; that they shall these cases so well as the court could do.

The latter motion was agreed to. not be allowed this relief unless the court, upon

Mr. GRIDER. What is the lowest sum a full hearing of the whole case, upon testimony which the court is to consider?

PAYMASTERS OF THE ARMY-AGAIN. other than ex parte testimony, shall come to the Mr. SCHENCK. There is no amount stated Mr. SCHENCK. This morning I reported conclusion that it is equitable to relieve the in the bill.

back to this House, by instruction of the Comofficer from his liability; in which event the Mr. DELANO. I was not in here when the mittee on Military Affairs, House bill No. 475, bill provides that he shall simply have the credit bill was read. I would ask if it is proposed to for the relief of paymasters of the Army, with upon his accounts in settlement, but not to make the proceeding of the court final. a substitute, and asked for its consideration draw any money from the Treasury.

Mr. SCHENCK. There is an appeal allowed at that time. The gentleman from New York Mr. WASHBURNE, of Illinois. That is to the Supreme Court.

[Mr. WARD] objected to its consideration then, the same in effect as drawing money from the

Mr. DELANO. I would suggest the pro- and it was recommitted. Having examined Fear. BINGHAM. No, sir.

priety of providing that the decision cf the the bill, he now withdraws his objection, I court skall pot be reviewed.


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