Obrazy na stronie

the following: that the said assessors of cach collec- The Clerk read the next clause, as follows: and the great number of articles put upon the tion district, respectively, shall, immediately after

That section twenty-two be amended by striking free list, that in a great many districts where the expiration of the time for hearing appeals con

out all after the enacting clause, and inserting in lieu this small allowance on the first $100,000 is cerning taxes returned in the annual list, and from

thereof the following: that there shall be allowed time to time, as duties or taxes become liable to be and paid to the several assessors a salary of $1,500 per

received, the compensation of these officers, assessed, make out lists containing the sums payable according to law upon every object of duty or taxa

annum, payable quarterly; and, in addition thereto, upon whom devolves the practical labor of

where the receipts of the collection district shall extion for each collection district: which list shall con

the revenue department of the Government ceed the sum of $100,000 and shall not exceed the sum tain the name of each person residing within the said

will be inadequate. have made a calculation of $100,000 annually, one half of one per cent. upon district, or owning or having the care or superintend

the excess of receipts over $100.000. Where the re- which shows what will be the result on the ence of property lying within the said district, or

ceipts of a collection district shall exceed $100,000, compensation to be received by these officers, engaged in any business or pursuit which is liable to any tax or duty, when such person or persons are and shall not exceed $600,000, one fifth of one per

which is only one half of one per cent. They cent, upon the excess of receipts over $100,000. Where known, together with the sums payable by each ; and the receipts shall exceed $600,000, one tenth of one

receive now for collecting $200,000, $2,000. where there is any property within any collection

per cent. upon such excess; but the salary of no asdistrict liable to the payment of the said duty or tax,

That includes the $1,500 salary they receive. sessor shall in any case exceed the sum of $1,000. And not owned or occupied by or under the superintendthe several assessors shall be allowed and paid the

They receive, where the receipts are $300,000, ence of any person resident therein, there shall be a

sums actually and necessarily expended, with the $2,500, and where the receipts are $400,000, separate list of such property, specifying the sum payable, and the names of the respective proprietors when

approval of the Commissioner of Internal Revenue, $3,000. The effect of the proposed modifica

for oflice rent; but no account for such rent shall be known. And the assessor making out any such sepaallowed or paid until it shall have been verified in

tion, which allows one half of one per cent. on rate list shall transmit to the assessor of the district such manner as the Commissioner shall require, and

the first $100,000 as well as on the excess up where the persons liable to pay such tax reside, or shall have their principal place of business, copies of

shall have been audited and approved by the proper to $100,000, is siinply to alter that, and where

officer of the Treasury Department. And the several the list of property held by persons so liable to pay assessors shall be paid, after the account thereof shall

the receipts are $200,000, to make it $2,500 such tax, to the end that the taxes assessed under the

have been rendered to and approved by the proper per annum, including the salary of $1,500 provisions of this act may be paid within the collection district where the persons liable to pay the same

oflicers of the Treasury, their necessary and reasona- allotted to them by law; where the receipts

ble charges for clerk tire: but no such account shall reside, or may have their principal place of business. And in all other cases the said assessor shall furnish be approved unless it shall state the name or names

are $300,000, they will receive a salary of to the collectors of the several collection districts,

of the clerk or clerks employed and the precise pe- $3,000; and where the receipts are $400,000,

riods of time for which they were respectively emrespectively, within ten days after the time of hear

they will receive-$3,500. It seems to me these ing appeals concerning taxes returned in the annual

ployed, and the rate of compensation agreed upon,
and shall be accompanied by an affidavit of the as.

are not inadequate rates of compensation for a list, and from time to time thereafter as required, a certified copy of such list or lists for their proper col,

sessor stating that such service was actually required proper class of men to discharge these important lection districts. And in case it shall be ascertained

by the necessities of his office, and was actually ren- duties. that the annuallist, or any other list, which may have

dered, and also by the affidavit of each clerk, stating
that he has rendered the service charged in such ac-

Mr. MORRILL. I believe we have hardly been, or which shall hereafter be delivered to any

count on his behalf, the compensation agreed upon, tolerated the raising of any salaries. I live in collector, is imperfect or incomplete in consequence of the omission of the names of any persons or parties

and that he has not paid, deposited, or assigned, or a rural district, and there is no complaint of liable to tax or duty, or in consequence of any omiscontracted to pay, deposit, or assign any part of such

the salaries there. sion, or understatement, or undervaluation, or false

compensation to the use of any other person, or in or fraudulent statement contained in any return or any way, directly or indirectly, paid or given, or

Mr. THAYER. It is easy to kill any propreturns made by any persons or parties liable to tax

contracted to pay or give, any reward or compensa- osition of this kind by saying you propose the

tion for his oflice or employment, or the cmoluments or duty, the said assessor may, from time to time, or at any time within one year, enter on any monthly thereof; and the chief clerk of any such assessor is

raising of salaries. The gentleman knows peror special list the names of such persons or parties so

hereby authorized to administer, in the absence of fectly well the effect of that cry in this House,

the assessor, such oaths or affirmations as are required and iherefore it is he makes that answer to my omitted, together with the amount of tax for which

by this act. And there shall be allowed and paid to they may have been or shall become liable, and also the names of the persons or parties in respect to whose cach assistant assessor four dollars for every day ac

proposition. Now, sir, that is not the object returns, as aforesaid, there has been or shall be any

tually employed in collecting lists and making valu- of the proposition. It is to prevent this com: omission, undervaluation, understatement, or false

ations, the number of days nccessary for that purpose pensation from being reduced by reduction of

to be certified by the assessor, and three dollars for or fraudulent statement, together with the amounts for which such persons or parties may be liable, over

every hundred persons assessed contained in the tax receipts which your bill will occasion, and to and above the amount for which they may have been,

list, as completed and delivered by him to the as- make the compensation adequate to the men or shall be, assessed upon any return or returns made

sessor, and twenty-five cents for cach permit granted who have to discharge these duties. as aforesaid. And all or any proceedings authorized

to any tobacco, snuff, or cigar manufacturer; and the
severial assistant assessors in cities of more than ten

The amendment was rejected. by law for the ascertainment, assessment, or collection

thousand inhabitants shall be allowed, in the settle- Mr. MORRILL. In line three hundred and of any tax or duty, shall be held to apply, as far as may be deemed necessary, to the proceedings herein ment of their accounts, a sum not exceeding $300 per

twenty-five, afte the word “respectively," I authorized and directed.

andum for office rent; but no account for such rent

shall be allowed or paid until it shall have been veri- move to insert the following: Mr. GARFIELD. I am authorized by the fied in such manner as the Commissioner of Internal The collectors of internal revenue acting as disCommittee of Ways and Means to offer a few

Revenue shall require, and shall have been audited bursing officers shall be allowed all bills of assistant

and approved by the proper ollicer of the Treasury assessors heretofore paid by them in pursuance of amendments to this paragraph, some being Department, and other assistant assessors, whenem- directions of the Commissioner of Internal Revenue, mere verbal amendments.

ployed outside of the town in which they reside, in notwithstanding the assistant assessor did not certify The CHAIRMAN. If there be no objection

addition to the compensation now allowed by law, to hours therein, or that two dollars per diem was

shall, during such time so employed, receive one dolthe amendments will be considered en masse.

deducted from the salary or compensation before the Jar per day; and the said assessors and assistant as- computation of tax thereon. Mr. GARFIELD, I move to amend in the sessors, respectively, shall be paid, after the account one hundred and eighty-sixth line by striking thereof shall have been rendered to and approved by

Mr. JENCKES. I rise to oppose the amendthe proper officers of the Treasury, their necessary ment. I oppose it because it is a rider on the out the words “every object of duty and and reasonable charges for stationery and blank proviso. My intention was to move that the and insert“ subject of;" so it will read, “sub

books used in the discharge of their duties, and for
postage actually paid on letters and docuinents re-

proviso be stricken out. I see no reason why ject of taxation.”

ceived or sent, and relating exclusively to fficial the Secretary of the Treasury should have In line one hundred and ninety-four strike business: Provilled, That no such account shall be power to make or provide for these excepout the words“ payment of the said duty or;'' approved unless it shall state the date and the par

tional cases. so it will read, "liable to the tax." ticular item of every such expenditure, and shall be

If we are to pass a law, it should verified by the oath or affirmation of such assessor or be uniform throughout the United States, and After the word "year," in line two hundred assistant assessor; and the compensation herein spe

we should not leave it to any executive officer and twenty-one, insert the following, in order

cified shall be in full for all expenses not otherwise to render the meaning more definite : particularly authorized: Provided, further. That the

to suspend the operation of it so as to provide Secretary of the Treasury shall be, and he is hereby, a different compensation than that provided Commencing from the time of the passage of this

authorized to fix such additional rates of compensa- by law. The irregularity suggested in the act or from the time of the delivery of the list to the tion to be made to assessors and assistant assessors in collcctor as aforesaid. cases where a collection district embraces more than

amendment is one of that character. It would In line two hundred and thirty-one, after a single congressional district, and to assessors and

leave it to the executive officer to do away assistant assessors, revenue agents, and inspectors in the word "aforesaid,”' insert the following:

with a penalty. I hope it will not be adopted, Louisiana, Georgia, South Carolina, Alabama, FlorAnd shall certify and return said list to the colida, Texas, Arkansas, North Carolina, Mississippi.

and then I will follow it by a motion to strike lector as required by law.

Tennessee, Missouri, California, and Oregon, and the out the whole proviso. Strike out the last sentence of the paragraph,

Territories, as may appear to him to be just and The amendment proposed by Mr. MORRILL

equitable, in consequence of the greater cost of livbeginning with the word "and" in line two

ing and traveling in those States and Territories, was agreed to. hundred and thirty-one, and insert the follow

and as may, in his judgment, be necessary to secure Mr. JENCKES. I move to strike out the

the services of competent officers; but the rates of ing; it is a mere recasting of the sentence to compensation thus allowed shall not exceed the rates

following proviso: make it more clear: paid to sinilar officers in such States and Territories

Provided further, That the Secretary of the Trease respectively. And all or any proceedings authorized by law for

ury shall be, and he is hereby, authorized to fix such the ascertainment of the liability to any tax or duty,

Mr. THAYER. I move to amend on page

additional rates of compensation to be made to as

sessors and assistant assessors in cases where a collecthe assessment or collection thereof shall be held to

19, lines two hundred and forty and two hun- tion district embraces more than a single congresapply as far as may be necessary to the proceedings herein authorized and directed. dred and forty-one, by striking out the words

sional district, and to assessors and assistant assessors, The amendments were agreed to. “shallexceed the sum of $100,000 and,” and by

revenue agents, and inspectors in Louisiana, Georgia,

South Carolina, Alabama, Florida, Texas, Arkansas, striking out in the two hundred and forty-third North Carolina, Mississippi, Tennessee, Missouri, Mr. WARNER. I move the following amend- line the words " excess of," and the words California, and Oregon, and the Territories, as may ment:

appear to him to just and equitable, in conse"over $100,000.” Add as follows:

quence of the grenter cost of living and traveling in

Mr. Chairman, the effect of the amendment those States and Territories, and as may, in his judgBut no reassessment shall be made, as aforesaid, in cases where assessments have been made bona fide is to allow the assessor the commission of a

ment, be necessary to secure the services of compe

tent officers; but the rates of compensation thus upon manufactured goods, and when such goods have half cent. on the first $100,000 received,

per been sold upon the faith of the same.

allowed shall not exceed the rates paid to similar which, by the terms of the existing act, is not oflicers in such States and Territories respectively. Mr. GARFIELD. The committee have a allowed. I always thought it a niggardly pro- This act affects the compensation of assesssection prepared on that very point, to which vision which deprived those officers of that ors, assistant assessors, revenue agents, and the gentleman can offer his amendment. small commission on the first $100,000. I am | inspectors throughout the United States. This

Mr. WARNER. I withdraw it for the present. satisfied from the great reduction in this bill || proviso enables the Secretary of the Treasury



to increase the compensation within the dis- of Alleghany county, Pennsylvania, praying for the itself in the settlement and growth of the said Territricts named. Unless that power is given to

establishment of a Bureau of Education, and that tories, are likely to be compromised by this act, and him throughout the United States, so that it provision be made for the education of all.

if so whether the same is necessitated by any consid

By Mr. WOODBRIDGE: The petition of Erastus may be uniform, I object to the exception. I

erations connected with the pubic interests; with Kelley, and 39 others, citizens of Clarendon Springs, leave to report such measures of relief as the cirask members of the House to look at it and Vermont, praying for an increased duty on foreign cumstances of the case may in their judgment require. see the effect it will have.

Also, the petition of Dr. W.C. Fox, and others,

BILL INTRODUCED. Mr. HIGBY. I do not know whether col. of Wallingford, Vormont, praying that medicinos lections could be made in other States or not used by physicians may be placed on the free list. M: HENDERSON asked, and by unaniunder a uniform law, but I do know that they

mous consent obtained, leave to introduce a cannot be made in the State of California. It


bill (3. No. 317) to amend an act entitled “An . has been tried and proved disastrous. I give

act to amend an act entitled 'An act to aid in members notice that the amount that will pay

THURSDAY, May 10, 1866.

the construction of a railroad and telegraph assessors in the eastern States will not pay them

Prayer by Rev. WILLIAM Brock, D. D., of | line from the Missouri river to the Pacific in California. London, England.

ocean, and to secure to the Government the Mr. JENCKES. I have no objection to The Journal of yesterday was read and use of the same for postal, military, and other having a provision applicable to California. approved.

purposes,' approved July 1, 1862," approved Mr. MORRILL. I wish to say that the pro


July 2, 1864; which was read twice by its title, visions here are precisely what they are in the

Mr. MORGAN presented the petition of the

referred to the Committee on the Pacific Railexisting law with the exception of some half a Commercial Navigation Company, a corpora

road, and ordered to be printed. dozen other States in which the Commissioner tion formed under the laws of the State of New

APPROVAL OF A BILL. informed us it was impossible to obtain a rev. enue unless we provided for the payment of ing the apprenticing of boys to be trained as York, praying for the passage of a law regulat

A message from the President of the Unithe officers in this way.

ted States, by Mr. Cooper, his Secretary, anMr. WILSON, of Iowa. I find the States seamen upon merchant vessels, uniform in its

nounced that the President had approved and operation within the United States; which was of Louisiana, Georgia, South Carolina, Ala

signed on the 9th instant an act (S. No. 90) referred to the Committee on Commerce. bama, Florida, Texas, Arkansas, North Caro

enlarging the powers of the levy court of the lina, Mississippi , and Tennessee, are provided | Hendrickson, and one hundred and thirty-four county of Washington, in the District of Co

. Mr. MORRILL. There are many districts

other soldiers, residents of Cleveland, Ohio, where there is no difficulty, but in others there praying to be relieved from the tax on their is difficulty.

pensions and urging the appointment of dis- A message from the House of RepresentaMr. WILSON, of Iowa. The difficulty is,

abled soldiers in the civil service of the Govern- | tives, by Mr. McPherson, its Clerk, announced

ment; which was referred to the Committee that the Speaker of the House of Representathe proviso applies to all the districts in all on Finance.

tives had signed an enrolled bill (H. R. No. those States. Now, I have no objection to

Mr. POLAND presented the petition of Sim- 352) to incorporate the National Theological applying it to some where it is impossible to

con Farnsworth, praying for a pension; which Institute; and it was thereupon signed by the get officers unless you give them additional

was referred to the Committee on Pensions. President pro tempore. compensation. I know some officers have been appointed there who are not now receiving | shall 0. Roberts, and others, trustees of A. G. Mr. DIXON presented the memorial of Mar

HOUSE BILL REFERRED. the compensation because they cannot qualify. Sloo, who was a contractor for carrying the

The bill (H. R. No 568) to repeal section But I have a statement of one of these officers

mails between New York, New Orleans, Ha- twenty-three of chapter seventy-nine of the from South Carolina, made before the Commit. tee on the Judiciary, that any number can be vana, and Chagres, praying for the passage of

acts of the third session of the Thirty-Seventh found, residents of South Carolina, who can

an act authorizing the Postmaster General do Congress, relating to passports, was read twice discharge the duties and who can qualify acsettle for compensation duethem for mail trans

by its title, and referred to the Committee on portation which has not been paid for; which

the Judiciary. cording to law. The CHAIRMAN. Debate is exhausted on was referred to the Committee on Post Offices

SECRETARY TO TIIE VICE ADMIRAL. and Post Roads. the amendment.

The bill (H. R. No. 567) to amend an act Mr. RANDALL, of Pennsylvania. I give

Mr. HARRIS presented a memorial of a

to establish the grade of vice admiral in the convention of iron founders and manufacturnotice to the chairman of the committee that

United States Navy, was read twice by its title. it is now five minutes to ten o'clock. ers held at Syracuse, New York, in favor of

Mr. GRIMES. I move that the Senate proMr. MORRILL. We shall adjourn at ten. exempting detached portions of their manu

ceed to the consideration of the bill at once. factures from taxation; which was referred to The question being taken on the amendment

The PRESIDENT pro tempore. It requires the Committee on Finance. of Mr. JENCKES, there were-ayes 37, noes 25;

unanimous consent.

Mr. MORRILL presented the petition of no quorum voting. Harriet B. Crocker, of Bath, Maine, praying | with the consideration of that bill, I desire to

Mr. SUMNER. Before the Senate proceeds Mr. GARFIELD. I move that the committee rise. for a pension; which was referred to the Com

say that I have some notes on that subject mittee on Pensions. The motion was agreed to.

which are at my room.

I did not expect it to So the committee rose; and the Speaker


come up to-day. having resumed the chair, Mr. WASHBURNE, Mr. WILLIAMS, from the Committee on

Mr. GRIMES. What bill is it? of Illinois, reported that the Committee of the Claims, to whom was referred the petition of

Mr. SUMNER. I understand that it is a Whole on the state of the Union had had under

C. F; Johnson, praying for compensation for bill in regard to the Vice Admiral. consideration the special order, being bill of the alleged seizure of tobacco belonging to him

Mr. GRIMES. It simply authorizes the apthe House No. 513, to amend an act entitled || by the United States forces at Lakeport, Lou

pointment of a secretary to the Vice Admiral. "An act to provide internal revenue to sup- isiana, submitted an adverse report thereon ;

Mr. SUMNER. Then it is a different bill port the Government, to pay interest on the which was ordered to be printed.

from what I apprehended it was from the public debt, and for other purposes," approved

reading of the title. I have no objection to it.

REMOVAL OF INDIANS. June 30, 1864, and acts amendatory thereof,

Mr. JOHNSON. I ask for the reading of and had come to no conclusion thereon.

Mr. WADE submitted the following resolu- | the bill. And then, on motion of Mr. DEFREES, (at | tion; which was considered by unanimous con- The Secretary read the bill, which proposes five minutes before ten o'clock p. m.,) the sent, and agreed to:

to amend the second section of the act to House adjourned.

Whereas it is understood that the Commissioner establish the grade of vice admiral in the Uni-
of Indians Affairs is now engaged in removing to and ted States Navy, approved December 21, 1864,

locating in one of the settled counties of Nebraska
and contiguous to the settled portions of Dakota, the

by adding to it these words: "and he shall Indians who were engaged in the Minnesota massacre be allowed a secretary, with the rank and The following petitions, &c., were presented under in the year 1862, by which nearly a thousand defense

sca pay and allowances of a lieutenant in the the rulo and referred to the appropriate committees : less men, women, and children were murdered in cold

By Mr. BEAMAN: The petition of A. J. Suther- blood; and whereas said Indians were driven from land, and others, of Washtenaw county, Michigan, the State of Minnesota by the outraged people of that

The bill was considered as in Committee of praying that Congress will pass laws regulating inter- State in order to secure the future safety of the lives the Whole, by unanimous consent, reported to State insurances of all kinds.

and property of itscitizens; and whereas the removal By Mr. DAWSON: The petition of 80 citizens of and location of said Indians within our white settle

the Senate, ordered to a third reading, read Fayette county, Pennsylvania, asking increased pro- ments has been made without the consent and in

the third time, and passed. tection for American wool.

direct opposition to the will of the citizens of northBy Mr. KERR: The memorial of Leonard Smith, western Nebraska and Dakota, many of whom havo

MAIL CONTRACTORS. late lieutenant, &c., for compensation for ten months purchased their lands from the Government and and twenty-six days' service as lieutenant and regi- improved the same; and whereas it is apprehended

Mr. RAMSEY submitted the following resmental quartermaster of the twenty-second regiment that this act of the Government will destroy the value olution ; which was considered by unanimous Indiana volunteers.

of private property and retard the settlement of the By Mr. LAWRENCE, of Pennsylvania: A petition,

consent, and agreed to: Territory of Dakota and northwestern Nebraska: numerously signed by citizens of Fayette county, Therefore,

Resolved. That the Postmaster General be, and is Pennsylvania, for increase of duties on foreign wool. Resolved, That the Committee on Indian Affairs hereby, requested to furnish to the Senate a copy of

By Mr. MOORHEAD: The petition of John Woods, be instructed to inquire into the facts, and report to a letter addressed to his Department by D. L. Yulee, and others, citizens of the county of Montgomery, this House whether and to what extent the interests formerly chairman of the Coininittee on Post Offices Pennsylvania, praying for an increase of duty on and safety of the people who have purchased the and Post Roads, dated in January, 1860, inquiring as foreign imports to protect American labor.

public lands and migrated with their families to thoso to the effect of legislative action in increasing tho Also, the petition of Hon. II. W. Williams, Hon. Territories on the assurance of the protection of the pay of mail contractors, &c., also the answer of the Thomas M. Howe, Alexander Gordon, and others, Government, as well as the interest of the Government Postmaster General thoreto.


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PUBLIC WORKS AT HARPER'S FERRY. Mr. WILLEY submitted the following resolution; which was considered by unanimous consent, and agreed to:

Resolved, That the Secretary of War be requested to inform the Senato what is the present condition of the public works belonging to the United States at Harper's Ferry, in West Virginia; whether the Department is now using the same for any purpose, and, if so, for what purpose and to what extent; whether it is the purpose of the Department to have said works repaired and to resume the manufacture of arms there, and if not, whether in the opinion of the Secretary of War the property of the United States at Harper's Ferry is any longer necessary or advantageous to the public interest, and might not be sold or otherwise disposed of without detriment to the public good.

COINAGE OF FIVE-CENT PIECES. Mr. SHERMAN. I move to postpone al prior orders and take up the bill (H. R. No. 397) to authorize the coinage of five-cent pieces. It will take only the time occupied in reading it, I think. I do not suppose there will be any objection to it.

The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill. It provides that so soon as practicable after its passage there shall be coined at the Mint of the United States a fivecent piece, composed of copper and nickel, in such proportions, not exceeding twenty-five per cent. of nickel, as shall be determined by the Director of the Mint, the standard weight of which is to be sixty grains, with no greater deviation than four grains to each piece; and the shape, mottoes, and devices are to be determined by the Director of the Mint, with the approval of the Secretary of the Treasury; and the law now in force relating to the coinage of cents, and providing for the purchase of material, and prescribing the appropriate duties of the officers of the Mint and the Secretary of the Treasury is extended to the coinage herein provided for

This coin is to be a legal tender in any payment to the amount of one dollar. It may be paid out in exchange for the lawful currency of the United States, (except cents, or half cents, or two-cent pieces, issued under former acts of Congress, ) in suitable sums, by the treasurer of the Mint, and by such other de. positaries as the Secretary of the Treasury may designate, and under general regulations approved by the Secretary of the Treasury.

From and after the passage of this act no issue of fractional notes of the United States is to be of a less denomination than ten cents; and all such issues at that time outstanding shall, when paid into the Treasury or any designated depositary of the United States, or redeemed or exchanged as now provided by law, be retained and canceled.

If any person or persons not lawfully authorized shall knowingly make, issue, or pass, or cause to he made, issued, or passed, or aid in the making, issuing, or passing of any coin, card, token, or device whatsoever, in metal or its compound, intended to pass or be passed as money for the coin authorized by this act, or for coin of equal value, such person or persons are to be deemed guilty of a misdemeanor, and on conviction thereof to be punished by a fine not exceeding $1,000, and by imprisonment for a term not exceeding five years, at the discretion of the court.

It is to be lawful for the Treasurer and the several Assistant Treasurers of the United States to redeem in national currency, under such rules and regulations as may be prescribed by the Secretary of the Treasury, the coin herein authorized to be issued, when presented in sums of not less than $100.

Mr. SHERMAN. I move to amend the bill in section onc, line eight, by striking out the word " sixty, and inserting 77,10,", and in line nine to strike out “four" and insert "two;" so that the clause will read :

The standard weight of which shall be 77.16 grains, with no greater deviation than two grains to each piece.

This amendment is moved after conference between the Secretary of the Treasury, the

head of the Mint at Philadelphia, and the there is some mistake about this. I hold in special committee having charge of this sub- my hand a letter written by Dr. M. L. Linton, ject in the House.

of St. Louis, and addressed to the Baltimore The amendment was agreed to.

American, in reply to an article which apThe bill was reported to the Senate as peared in that paper containing substantially amended, and the amendment was concurred the same statement which was made here yesin. The amendment was ordered to be en- terday and the day before. I need not teli any grossed, and the bill to be read a third time. person who is acquainted in the valley of the The bill was read the third time and passed. | Mississippi river who Dr. Linton is, for he

has a reputation coextensive with the limits of DUTY ON LIVE ANIMALS.

that valley as a gentleman of high professional Mr. CHANDLER. I move to take up attainments and great excellence of personal House joint resolution No. 116.

character. In this letter he says, addressing Mr. FESSENDEN. I wish my friend from himself to the editor: Michigan would give me a chance to pass a

MR. EDITOR: I notice in your report of the prolittle bill which they say will save us a thou- ceedings of the Aincrican Medical Association on the sand dollars a day, and to which there can be fourth and last day of its sessions some glaring inisno objection. It is a bill reported from the


It is well known to all who have attended to the Committee on Finance, and it will cause no

proceedings of the association that it rciused not only debate whatever. It is House bill No. 511, to memorialize Congress in favor of the system of imposing a duty on live animals.

quarantine, but that it refused oven to ask Congress Mr. CHANDLER. Let my bill come up

to test the utility of quarantine regulations. The

majority of the association thought that quarantines and then I will give away. I move to take up had already been tested and found wanting osten House joint resolution No. 116, to prevent the

enough. At any rate, the vote was as I bave stated; introduction of the cholera into the ports of

nevertheless, there was a minority in favor of pe

titioning Congress in favor of quarantine. This mithe United States, and then it can be laid aside nority inet at No. 47 Calvert street on the night of the informally.

4th, and passed a resolution in favor of rigid quarThe motion was agreed to.

antine ineasures; and appointed a committee of tive

to present and urge the petition. Mr. CHANDLER. Now I give way.

The account in your journal goes on to say that Mr. FESSENDEN. Now, if the Senator

the meeting consisted of some seventy-five mem

bers of the association," and mentions Dr. Davis, of gives way, I should like to take up House bill Illinois, as among them. Now, Dr. Davis was not No. 511, imposing a duty on live animals. there at all, nor can I find, after some hours of inThere being no objection, the Senate, as in

quiry, any inember of the association who was there.

There were evidently not seventy-five present; nor Committee of the Whole, proceeded to con- did the few who may have met at No. 47 Calvert sider the bill. It provides that on and after

street meet at eight o'clock, for they did not arrive

froin Annapolis until about nine o'clock. its passage there shall be levied, collected, and

The main crror, however, which I wish to correct paid, on all horses, mules, cattle, sheep, hogs, is this: speaking of the Calvert-street meeting, your and other live animals imported from for report concludes in these words: eign countries, a duty of twenty per cent. ad

.* The meeting then adjourned, thus terminating the

nincteenth annual meeting of the American Medical valorem.

Association." Now, all the members of the associaMr. EDMUNDS. Since this bill was re- tion know that the final adjournment took place on

the morning of the 4ib, and that the little meeting ported I have received information, which I

at 47 Calvert strect consisted only of one portion of believe to be true, that a good many persons, the discontented minority that had been defeated cattle dealers and others in the northern States in full convention. I hope you will make this cor

rection, so that when the committeo of five shall along the frontier, ve purchased cattle in

appear before the authorities with their petition, said Canada during the winter with the provision authorities may know that said committee has been with the seller that they should remain in Can- delegated and empowered and sent by a little out

side meeting held at eight o'clock at No. 47 Calvert ada until the spring, and that there are now in

street, and not by the American Viedical Association, Canada a considerable number of cattle which which held its meeting in Concordia Hall, and adare actually owned by citizens of the United journed on the morning of the 4th, to inect again at

Cincinnati, Muy, 1807. States, and have been paid for under the law

M. L. LINTON, M. D., as it now stands admitting their importation

Delegate from St. Louis, Missouri. free of duty. In order, as an act of justice, to

To the same effect I have a letter from one authorize those people within a very limited period of time to withdraw their cattle upon

of my own constituents, Dr. M. K. Taylor,

professor in the Iowa Medical College, also a the same terms they might have withdrawn

physician of most excellent attainments, who them before, I offer the following amendment

attended the medical convention last week in as a proviso:

Baltimore as a delegate from the Medical Provided, That any such animals now bona fide

Association of the State of Iowa, which I will owned by resident citizens of the United States, and now in any of the Provinces of British America, may

read: be imported into the United States free of duty until

NATIONAL HOTEL, the expiration of ten days next after the passage of

WASHINGTON, D.C., May 9, 1566. this act.

Hon. J. W. GRIMES; That, I think, will do justice to that class

I see by the reports of the proceedings of the Senate of persons without doing any injustice to the yesterday that you opposed the establishment of a revenue.

uniform system of quarantine for the United States, The amendment was agreed to.

as asked for hy certain medical gentlemen claiming

to represent the American Medical Association, reThe bill was reported to the Senate as

cently in session at Baltimore.

I am very glad that you have taken ground against amended, and the amendment was concurred such an impractical measure. We may just as well in. The amendment was ordered to be en: attempt to establish a cordon around the wind that grossed and the bill to be read a third time.

blows. It will go over the country as it has dono The bill was read the third time and passed.

before dernitin erraniineereellatione

Senate did not emanate from the American Medical ASIATIC CIIOLERA.

Association, but only from a few disaffected persons The PRESIDENT pro tempore. The joint

who were not satisfied with its action and got up a resolution (H. R. No. 116) to prevent the in

supplemental meeting after the association had ad

journed. The principal leader in the affair was Dr. troduction of the cholera into the ports of the Sayre, of New York, and from the pertinacity maniUnited States, is now before the Senate, as in

fested by hiin and a few of his friends I suspect thero Committee of the Whole, the question being

is an ax to grind.

The communication presented to the Senate does on the amendment reported by the Committee not represent the sentiment of the Aincrican Medion Commerce.

cal Association as a body in any sense. Mr. GRIMES. When this measure was

I make this statement this morning as I shall leave

for Keokuk this evening, and may not see you before under consideration yesterday and the day I go, and I feel it necessary to apprise you of the before, the Senate was assured that its passage

facts before leaving the city. Dr. Hughes and family

are here also. He leaves for New York this evening. was asked for by the medical profession, and

He goes to Europe on Saturday. especially by the Medical Association that I am, very respectfully, your obedient servant, recently assembled in the city of Baltimore.

M. K. TAYLOR. I believe we were told that the doctors for once Mr. JOHNSON. Who is the writer of that failed to disagree, and that they appeared be- letter? fore the Committee on Commerce unitedly in Mr. GRIMES. Dr. Taylor, of Keokuk, favor of this proposition. I apprehend that || Iowa, one of the delegates from that State to

the late medical convention in Baltimore, and Now, Mr. President, could these doctors shall be directed by the Commander-in-Chief a professor in the Iowa Medical College. So believe that it was possible for any central gov. of the Army and Navy." The President of the much, sir, in regard to the sentiment of the ernment at Washington to adopt such steps as United States is required, it is imperative on medical convention recently assembled in Bal- | might be necessary, even if quarantines are him, to direct the cooperation of the Secretary timore.

of benefit, to establish a quarantine at Galves- of the Navy and the Secretary of the Treasury Both of these gentlemen have had great ex- ton, at New Orleans, at Key West, at Mobile, to carry out any of the views which the Secreperience in the treatment of cholera cases, and at Eastport in Maine, at the mouth of the tary of War may entertain. their opinions are entitled to great considera. Sacramento river or at the mouth of the Co. Mr. HARRIS. Mr. President, this bill contion.

lumbia, at Rouse's Point in Vermont, or at tains very extraordinary provisionsAs to the imputation that might perhaps be Pembina in the State of Minnesota? Would Mr. EDMUNDS. If the Senator from New considered as being conveyed in this letter, that it not be safer for the country, as well as for York will allow me a moment, I desire to state some of these parties at Baltimore may have the Treasury of the country, to allow these that I was about to propose an amendment an ax to grind, I of course do not adopt any various quarantines, if we are going to have which would meet the objections of my friend such statement as that; still it is quite possible | such a system, to be established by the local the Senator from Iowa as he has stated them, that it may be so. I am aware that in the and police governments of the respective or some of them at least, and which may posState of New York there has recently been a States? Is it possible for the Secretary of War, | sibly meet the objections of the Senator from very exciting controversy over the question of even with all the power that is conferred upon New York. If the Senator from New York appointing health officers. I believe the Gov- him by this measure, to properly direct when will give way for that purpose, I move to amend ernor of that State has appointed certain oflicers a quarantine shall be established at Galveston, the amendment reported by the committee by who are not agreeable to the parties who are and when it shall be removed, and to designate striking out lines three, four, and five, and inopposed to them; and if I am not misinformed the officers who shall have charge of it? serting in lieu of them the words, " That the this Dr. Sayre was one of those proposed for the I confess, Mr. President, that this is about || Secretary of War, the Secretary of the Navy, position now held by Dr. William Parker. I the greatest machine that I have ever seen pro- and the Secretary of the Treasury shall constiwill not undertake to say that Dr. Sayre could | posed to be created or that I have ever known tute a board whose duty it shall be to cause, be influenced by any such consideration, but it attempted to be run by any Government on the &c., and by striking out in line twelve the is possible that men might be found who would face of the earth.

words“ he shall'' and inserting "they may, be influenced by a consideration like this ; that Another great objection to this system is that Mr. HARRIS. Mr. President, I have sought they would desire that Congress should pass a it is going to break up all your present quar- to find the authority under which the framer of measure similar to the one which now lies on antines. The Secretary of War-mind you, the proposition reported by the Committee on your table, and which we are asked to pass, for this joint resolution is all in the singular num- Commerce proceeded. It certainly is very exthe purpose of dispensing with the whole quar- ber; the second clause reads," he shall also" || traordinary in its provisions. Coming as it antine organization established by the State of --the Secretary of War-"enforce the estab- does from the Committee on Commerce, I New York, and installing another set of officers lishment of sanitary cordons, to prevent the imagined that it might possibly be justified under Federal authority in the places which spread of said disease from infected districts under the provision of the Constitution which they occupy; for, sir, that is the effect of this adjacent to or within the limits of the United authorizes Congress to regulate commerce, but resolution, if it shall be adopted.

States." He can go within the territorial juris- I could not see that it had much to do with When this resolution was under considera- diction of any State, he can dispense with all of commerce. Then I went to that other elastic tion before, I misconstrued the first section of the quarantine and police regulations that he || provision in the Constitution under which much the substitute. I supposed that it provided for may find already established there, and establish of the doubtful legislation of the present day a commission, to be composed of the Secre- such as he chooses to establish instead of them. is sought to be sustained, that provision which taries of War, of the Navy, and of the Treasury. You thus accustom the people to rely on the || requires Congress to guaranty to every State From a more careful examination of the word- central Government to protect their lives and a republican form of government. I did not ing of this section, I do not understand that it their health, instead of relying, as they hitherto know but that it might be justified under that. does that. I understand that it puts the whole have done, upon the local authorities to protect [Laughter.). But finally, looking a little furcontrol of this quarantine measure in the hands them; and in the future, when a disease shall ther, examining the bill a little closer, I came of the Secretary of War, and then directs that be anticipated, when it shall be reported that to the conclusion, inasmuch as this bill puts in the Secretary of the Navy and the Secretary of we are to be visited by the yellow fever or the requisition the Secretary of War, the Secretary the Treasury shall coöperate with the Secretary | plague, we shall have importunities after im- of the Navy, and the Secretary of the Treasof War, under the direction of the Commander- portunities from the different sections of the ury, and over all these the Commander-inin-Chief of the Army and Navy; that is, under country upon the Federal Government to inter- Chief of the Army and the Navy, that it must the command of the President. The phrase- pose to protect the lives and the health of the be under the war power; and I believe that if ology is very singular. I have never seen a citizens at the various points. The people at this bill can be sustained at all it must be sus. bill or resolution submitted to the Senate these distant points will cease to be self-reliant.

tained under the war power. before in such phrase as this:

It will establish a precedent which in the end Mr. CLARK. War on the cholera! “That it shall be the duty of the Secretary of War, will in every respect be disastrous.

Mr. HARRIS. War on the cholera, as the with the coöperation of the Secretary of the Navy

This bill is not satisfied with accepting the Senator from New Hampshire says. I think and the Secretary of the Treasury, whose concurrent action shall be directed by the Commander-in-Chief

agents of quarantine that have been deputed that is it. I think that is the idea; I think of the Army and Navy."

by the various States. If it did that I should that is the principle, if there is any principle Whose concurrent action? The concurrent have less objection to it; but it authorizes all about it, on which this bill is framed. Now, action of the Secretary of the Navy and the of them to be abolished and a new organiza- || sir, it will not do at all. This bill is unconSecretary of the Treasury. The President, as tion to be created, new officers to be appointed, || stitutional obviously. There is no power in Commander-in-Chief of the Army and Navy, is the salaries to be fixed, as I understand it, by || Congress to pass a law like this. required to direct the concurrent action of the the Secretary of War. It virtually places the Look at it, Mr. President. What are we Secretaries of the Navy and of the Treasury to whole Army and Navy and Treasury of the attempting to do? Take my own State. We coöperate with the Secretary of War, the Sec- United States in the keeping of ono man, and have in New York, I think, a very efficient, if retary of War being, in effect, virtually and that is the Secretary of War. If you have any it is not a uniform, system of quarantine regulegally, as I understand it, placed in command doubt as to what was the intention of this bill lation. We have within the last year estabof this whole organization. It would be suf- you have only to read it though. You will see lished there a Board of Health, and upon that ficiently objectionable to me even if the reso- that it everywhere says this power shall be con- board there are some of the most eminent phylution were drawn as I supposed it was drawn ferred upon the Secretary of War. He is the sicians in the State, able and efficient men, who when it was under consideration before; but sole one, and he can command the obedience are doing their duty with great fidelity. It hapit is still more objectionable under the con- and is put into the control both of the Navy pens that this board does not provide for all struction which I am compelled to place upon Department and the Treasury, Department;

the doctors that are in New York. There are this phraseology. What does it mean if it and the President is required" shall direct” some who do not happen to be employed in does not mean that? If they wanted to create them to act with him. " Whose concurrent carrying on this great work of quarantine, and a board of the three Cabinet officers having | action shall be directed by the Commander-in- of course they can suggest a better mode of control of the Army, the Navy, and the Treas- Chief of the Army and Navy,” is the language. || doing the thing, and we have it in this resoluury, it would have been very easy to have said Mr. HOWE. The Secretary of War is not tion. We have there also a board of officers so. I apprehend from the fact that they have Commander-in-Chief of the Army and Navy. called commissioners of quarantine, who are not said so, but have directed that the Secre- Mr. GRIMES. No, sir.

actively engaged in the performance of their tary of War, “with the coöperation of the Sec- Mr. SUMNER. The President.

duty, for whose service a very large appropriaretary of the Navy and the Secretary of the Mr. GRIMES. Certainly. Perhaps the Sen- tion was made by our Legislature, with which Treasury, whose concurrent action shall be ator from Wisconsin has not understood me. we were able, in November last, to grapple with directed by the Commander-in-Chief of the say that this bill confers all this authority the cholera. A ship came from Havre freighted „Army and Navy,'' to 'adopt an eflicient and upon the Secretary of War. It says that it with cholera, with a large number of cases on uniform system of quarantine against the intro- shall be the duty of the Secretary of War, with board; but they were able to take care of it, duction into this country of the Asiatic cholera, the coöperation of the Secretary of the Navy || and to keep it out of the city. We had a pretty through its ports of entry whenever the same and the Secretary of the Treasury, whose con rigid quarantine there, we thought. Then we may be threatened by the prevalence of said current action to whom does that refer? have an efficient health oflicer with a suflicient disease in countries baving direct commercial The Secretary of the Navy and the Secretary number of assistants. On the whole, we have intercourse with the United States."

of the Treasury," whose concurrent action got a pretty fair system of quarantine.

Now, what does this resolution propose to place voluntarily, and to those who pass involun- ment should be brought to bear at the very do? To set aside the whole ot' that system, and

"To encourage foreign emigration was a cherished

moment of its execution by way of prevention take the whole power into the hands of the Gen

policy of this country at the time the Constitution was rather than by punishment afterward. eral Governinent, and to set the Secretary of adopted. As a branch of commerce the transportaWar, with the coöperation of the Secretary of tion of passengers has always given a profitable em

POST OFFICE APPROPRIATION BILL. the Navy and the Secretary of the Treasury hley

The PRESIDENT pro tempore. The bill

required an amount of tonnage nearly equal to and the Commander-in-Chief of the Army and that of imported merchandise."

(H. R. No. 280) making appropriations for the Navy, guarding the harbor of New York, and And then they proceed to pronounce the

service of the Post Office Department during all the other harbors of the country. If it was judgment of the court that these State regula

the fiscal year ending June 30, 1867, and for not so serious a matter, I should regard it as tions imposing a tax upon the introduction of

other purposes, is now before the Senate, the very ridiculous. It is a thing utterly impracti- passengers, which implies the power of course,

pending question being on the amendment cable; it cannot be done.

and with it the exercise of it, to regulate the proposed by the Senator from Illinois, (Mr. It is said by those medical gentlemen who terms of their admission into the country, are

TRUMBULL, ) upon which the Senator from are endeavoring to frame this thing that it is unconstitutional and void. Therefore, if the

Nevada (Mr. Nye) is entitled to the floor. very important to have it uniform. I appre- subject upon which this resolution is to oper

Mr. NYE. Mr. President, when the Senate hend that that is in itself entirely impractica- ate is the regulation of the introduction of

adjourned last evening I was paying a passing ble. You cannot adopt a uniform system of

and property, although the motive to

respect to a remark made by the Senator from quarantine. Each harbor must take care of it may be the prevention of the spread of pesti- || question some days ago. But, sir, I propose

Delaware [Mr. SAULSBURY] in a speech on this its own quarantine. I am entirely opposed to lence and disease, is it not clearly within the the measure. very letter of the definition which I have read,

now to return to the Senator from WisconMr. EDMUNDS. The objections which the the regulation of commerce? I do not appeal, || Pennsylvania [Mr. Cowan] for the purpose

sin (Mr. DOOLITTLE] and the Senator from Senator from lowa has made, mainly, are as was intimated by the Senator from Maine answered, I think, by the amendment which I yesterday, to the “ general welfare" clause,

of determining whether they or others stand have had the honor to submit. I have no although I think if we all in legislation looked

upon this Baltimore platform. The honora

ble Senator from Wisconsin says that no power knowledge of the origin of this resolution, and a little to the general welfare in the exercise therefore I cannot explain the motives under of our duties we should not be the worse for it.

on earth shall drive him from it; whether bewhich the precise phraseology was originally I do not appeal, as is supposed by my honor- sieged by Radicals on the one side or by Demadopted. But all that the resolution now proable friend from New York, to the war-making

ocrats on the other, there he is to stand, and

stand forever; and I understand the Senator poses to do, if my amendment be adopted, is power merely because the power of the Secresimply to create a board composed of the Sec- tary. of War is invoked to execute this law. I

from Pennsylvania to occupy the same attiretaries of War, of the Navy, and of the Treas- appeal to that clear grant of constitutional

tude upon that platform. If that platform is ury, who shall have authority over this subject; power which is given to Congress to regulate large enough, if there is any room for others, I and the only question to which I propose to the terms upon which persons and property

propose to stand there with them for awhile, address myself now is that of the power of may be imported into the United States.

until they push me off or they leare it. This Congress to pass this resolution. It was The PRESIDENT pro tempore. The morn

Baltimore platform was the political direction, objected yesterday by the honorable Senator ing hour having expired, it becomes the duty

the scriptural direction—if such a term is apfrom Maine, [Mi. Morrill,! and is again of the Chair to call up the unfinished business

plicable to politics-upon which the last battle objected to-day by the learned Senator from of yesterday, which is House bill No. 280.

was fought and won, and I propose to hang to New York, [Mr. Harris,] that this exceeds

Mr. EDMUNDS. I will ask unanimous con

it. It was said by a distinguished member of our constitutional power. If it does, then we sent that that order may be temporarily laid

the Cabinet not long ago that in these flurries certainly ought not to pass it. If it does not, aside until we finish this resolution. I have

and gales some few would be washed overboard then in my judgment we ought to pass it. Now, but a word more to say upon it.

and some lest. I propose to weather this gale what is quarantine? What is the precise thing

Mr. SHERMAN. I have no objection to

by standing upon the deck of the Baltimore which this resolution has in contemplation to the bill being laid aside until the Senator con

platform. In examining this platform, sir, be done? Is it not the regulation of the admis- clude his remarks, but there are other Senators

you will find that it contains only two very sion from foreign countries into the United who want to speak on this resolution, and I

important provisions, and the first is the most

important: States of persons and property? It is nothing presume it would be debated all day. I have

Resolved. That it is the highest duty of every more; it is nothing less. We are not under: no objection to the Senator completing his

American citizen to maintain, against all their enetaking to prescribe specifics for a pestilence or remarks.

mies, the integrity of the Union and the permanent disease. The threatened existence of pesti

Mr. EDMUNDS. Then I shall not insist authority of the Constitution and the laws of the lence and disease is that which furnishes the upon disposing of the resolution now.

United States;"? motive for us to regulate the introduction of The PRESIDENT pro tempore. The Sen.

I understood the distinguished Senator from persons who may be infected with it within ator from Vermont asks the unanimous con

Pennsylvania to say that the Democrats had our borders. sent of the Senate to lay aside the unfinished

got on to that portion of the platform. I trust Then, if I have correctly stated the proposi- business of yesterday until he concludes his

that no power on this side will be exercised to tion, the question is, have we authority to preremarks. The Chair hears no objection.

drive one of them off. If they have been conscribe the terms and limitations under which Mr. EDMUNDS. I have only to add a word

verted by the distinguished Senators from Pennpersons and property may be received into the to what I have said, and I shall have done. || sylvania and Wisconsin, so that they are conUnited States? And that is the whole question. It has been objected that this is an extraordi

tent to stand upon that, it is a new era in their Upon this subject, rather than express my pary grant of power to the Secretaries who | political history, one that will be noted with own feeble opinions, I beg leave to call the have been named, to employ the resources of great favor as an instance of the wonderful attention of the learned Senator from New the United States, as they have been described,

power of the two Senators who have wrought York and the honorable Senator from Maine | its armies, its navies, and its Treasury, to repel

the changeto the language of the Supreme Court of the this pestilence. It may be extraordinary, but

"and that, laying aside all differences and political

opinions, we pledge ourselves as Union men, aniUnited States, speaking in the passenger cases, that is no objection to its exercise if the exi

mated by a common sentiment and aiming at a comdecided in the January term, 1849, where the gency of the occasion requires it. Now, in mon object, to do cverything in our power to aid the precise point in judgment was the constitu- the case of ordinary legislation, as for customs,

Government in quelling, by force of arms, the rebel

lion now raging against its authority, and in bringing tional question whether it was lawful or not for instance, the law is executed by providing to the punishment due to their crimes the rebels aud for a State to impose regulations and limita- penalties for its infraction and forfeiture of the traitors arrayed against it." tions upon the introduction of persons into goods which may be introduced into the coun- That, sir, is the great cardinal principle of the United States; and it was held, without try in violation of law; but in the case of a the Baltimore platform, and to every line and dissension, by an able and unanimous court pestilence, which is the object to be excluded, word of it I most heartily assent.

It declared that the right to regulate the introduction of he who undertakes to legislate by way of pụn- it to be our duty to maintain the Union, the persons and property into the United States ishment against persons who violate the law Constitution, and the laws against all their was clearly a regulation of commerce. Mr. and bring in the pestilence, fails to do his duty enemies; but our Democratic friends did not Justice McLean, in pronouncing the leading to the country, because the pestilence once see it in that light; they did not agree-and I opinion in that case, said:

introduced, punishment to the person who in- refer to that portion of them who are now act"Commerce is defined to be 'an oxchange of com

troduces it is a very inadequate remedy indeed. | ing with the two distinguished Senators with modities.". But this definition dock not convey tho | Therefore, in a case of this description, as in whom I am holding this controversy-they did full meaning of the term, It includes 'navigation the case of the bill which has already been and intercourse.' That the transportation of pas

not agree then to that sentiment. If they did, sengers is part of commerce is not now an open

passed excluding cattle on account of the cat- that other convention which they now, with me, question. In Gibbons 18. Ozden, this court say, 'No tle plague, it is absolutely indispensable that wish had never been held, at Chicago, would clear distinction is perceived between the powers to the executive force of the law should go along never have taken place. This platform, by the regulate vessels in transporting men for hire and property for hire.' The provision of the Constitu

with the enactment, and that so much of the cogency of its reasoning and the potency of its tion, that 'the migration or importation of such per- power of the country as is necessary should argument, commanded the support of a large sons as any of the States now existing shall think be exercised at the time of the prohibition by | majority of the Union-loving men of this coun. proper to adınit shall not be prohibited by Congress prior to the year 1809,' is a restriction on the general

way of prevention and exclusion, instead of try. They had ascertained-and I congratpower of Congress to regulate coinierce. In refer- by way of punishment and penalty afterward. ulate the members of that convention, for I ence to this clause, this court say, in the above case, Therefore this is one of those classes of cases This section proves that the power to regulate com

understand my friend claims to have taken a merco applies equally to tho regulation of vessels

where, if it is right to act at all, it is indispen- | distinguished part in it-that the rebellion had employed in transporting men who pass from place to sable that the executive force of the Govern: 1! reached that point where nothing but the force

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