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by a rectifier, the quantity of spirits intended to bo rectified; if by a peddler, whether for traveling on foot, or with one or two or more horses or mules, the time for which and the date or time of payment, and (except in the case of auctioneers, produce brokers, commercial brokers, patent-right dealers, photographers, builders, insurance agents, insurance brokers, and peddlers) the place at which the trade, business, or profession for which the tax is paid shall be carried on: Provided. That the payment of the special tax imposed shall not exonerate from taxation the person or persons, (except lawyers, physicians, surgeons, dentists, cattle brokers, horse dealers, peddlers, produce brokers, commercial brokers, patent-right dealers, photographers, builders, insurance agents, insurance brokers, and auctioneers,) or firm, company, or corporation in any other place than that stated; but nothing herein contained shall prohibit the storage of goods, wares, or merchandise in other places than the place of business, nor the sale by manufacturers or producers of their own goods, wares, and merchandise, at the place of production or manufacture, and at their principal office or place of business, provided no goods, wares, or merchandise shall be kept for sale at said office. And every person exercising or carrying on any trade, 'business, or profession, or doing any act for which a special tax is imposed, shall, on demand of any offcer of internal revenue, produce and exhibit the receipt for payment of the tax, and unless he shall do so may be taken and deemed not to have paid such tax. And in case any peddler shall refuse to exhibit his or her receipt, as aforesaid, when demanded by any officer of internal revenue, said officer may seize the horse, wagon, and contents, or pack, bundle, or basket of any person so refusing, and the assessor of the district in which the seizure has occured may, on ten days' notice, published in any newspaper in the district, or served personally on the peddler, or at his dwelling-house, require such peddler to show cause, if any he has, why the horses, wagon, and contents, pack, bundle, or basket so seized shall not be forfeited; and in case no sufficient cause is shown, the assessor may direct a forfeiture, and issue an order to the collector or to any deputy collector of the district for the sale of the property so forfeited; and one half of the same, after payment of the expenses of the proceedings, shall be paid to the officer making the seizure, and the other half thereof to the collector for the use of the United States. And all special taxes imposed after the 1st day of May in any year shall be paid for and until the 1st day of May next succeeding, and shall be the ratable proportion of the whole amount of tax imposed for one year, and estimated from the first day of the month in which such tax is imposed.

Mr. MORRILL. I move to strike out the

word "and" before the words "date or time

of payment," and insert the words "payment is made," in the commencement of the paragraph.

The amendment was agreed to.

Mr. MORRILL. At the commencement of the proviso I move to amend by inserting after the word "tax" the word "herein ;" and also to strikeout the words "exonerate from taxation" and insert the words "exempt from an additional special tax;" so that the sentence will read:

Provided, That the payment of the special tax herein imposed shall not exempt from an additional special tax, &c.

The amendment was agreed to.

Mr. MORRILL. I move to insert the words "doing business" after the word "corporation" and before the words "in any other place than that stated."

The motion was agreed to.

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Mr. MORRILL. I move to strike out the word "prohibit" and insert the words quire a special tax for" after the words "but nothing herein contained shall," and before the words "the storage of goods, wares, or merchandise," &c.

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The motion was agreed to.

Mr. MORRILL. I move to insert the words For mule" after the words "said officer may seize the horse," and also insert the words "or mules" before the words "wagon and contents, pack, bundle, or basket so seized shall not be forfeited."

The motion was agreed to.

Mr. MORRILL. I move to amend by striking out lines eight hundred and sixty to eight hundred and sixty-four, as follows:

And all special taxes imposed after the 1st day of May in any year shall be paid for and until the 1st day of May next succeeding, and shall be the ratable proportion of the whole amount of tax imposed for one year, and estimated from the first day of the month in which such tax is imposed.

And inserting in lieu thereof the following: And all such special taxes shall become due on the

1st day of May in each year, or on commencing any trade, business, or profession upon which such tax is by law imposed. In the former case the tax shall be reckoned for one year, and in the latter case proportionately for that part of the year from the first day of the month in which the liability to a special tax commenced to the 1st day of May following.

The amendment was agreed to. Mr. HOLMES. One portion of the pending paragraph provides for seizing the horse, wagon, and any other property of any peddler who shall not exhibit a license; and it further provides that notice of such seizure and of the time for his appearance before the assessor may be published in any newspaper of the district or may be served personally or may be left with his family. I can see that this provision may be liable to great abuse. The publication may be made in a newspaper many miles from the place of seizure, so that the party will know nothing about it.

I move, therefore, to amend by striking out the following:

And the assessor of the district in which the seizure has occurred may, on ten days' notice published in any newspaper in the district, or served personally on the peddler or at his dwelling-house, require such peddler to show cause if any he has.

And inserting in lieu thereof the following: And shall immediately serve upon such peddler a notice in writing requiring him to show cause before the assessor of the district in which such seizure shall be made, at a time and place therein stated, which shall not be less than six days nor more than fifteen days from the day of such service.

Mr. MORRILL. Mr. Chairman, I hope that this amendment will not be adopted, for the reason that it will be impossible in a great many instances to reach these peddlers unless the process is exceedingly summary. I have not so much sympathy for the peddlers as my friend from New York has. I know that in a great many instances these persons, who flock to all public gatherings, such as musters and agricultural fairs, appear in a place one day and disappear the next; so that it will be impossible to reach them by the process proposed by the gentleman. I know that heretofore a large amount of fraud has been committed by these peddlers, and that they-the smaller cracks-require the unceasing vigilance of the sort, such as peddle jewelry and other gim

revenue officers.

Mr. HOLMES. This section provides that the property of these peddlers may be seized. Now, the party who makes the seizure has certainly an opportunity to serve notice upon the peddler. I cannot see the force of the objection urged by the chairman of the committee.

The amendment was not agreed to.

The Clerk began the reading of the next paragraph, commencing on line eight hundred and sixty-five, when—

Mr. LE BLOND moved that the committee

rise.

The motion was agreed to.

So the committee rose; and the Speaker having resumed the chair, Mr. DAWES reported that the Committee of the Whole on the state of the Union had had under consideration the Union generally, and particularly the special order, being bill of the House No. 513, to amend an act entitled "An act to provide internal revenue to support the Government, to pay interest on the public debt, and for other purposes," approved June 30, 1864, and acts amendatory thereof, and had come to no resolution thereon.

EMPLOYÉS IN STATE DEPARTMENT.

The SPEAKER, by unanimous consent, laid before the House the following message from the President of the United States:

To the House of Representatives :

I transmit a report of the Secretary of State in answer to that part of the resolution of the House of Representatives of the 7th instant which calls for information in regard to the Clerks employed in the Department of State. ANDREW JOHNSON. WASHINGTON, May 15, 1866.

The message, with the accompanying documents, was laid on the table, and ordered to be printed.

MEXICO.

The SPEAKER also laid before the House a message from the President, transmitting, in tion concerning discriminations made by the answer to a resolution of the House, informa so-called Maximilian Government in Mexico against American commerce, or commerce from particular American ports; which was ordered to be printed, and referred to the Committee on Commerce.

ECUADOR.

The SPEAKER also laid before the House a message from the President, transmitting correspondence in reference to the non-payment by Ecuador of the first installment under the convention of 1862; which was ordered to be printed, and referred to the Committee on Foreign Affairs.

THOMAS FOSTER.

On motion of Mr. HUBBARD, of West Vir ginia, leave was granted for the withdrawal from the files of the House of the papers in the case of Thomas Foster.

HARRISON HEERMANCE.

On motion of Mr. KETCHAM, leave was granted for the withdrawal from the files of the House of the papers in the case of Harrison Heermance.

E. C. WILLETT.

On motion of Mr. BIDWELL, leave was granted for the withdrawal from the files of the House of the papers in the case of E. C. Willett.

SOLDIERS' AND SAILORS' UNION.

Mr. McKEE, by unanimous consent, introduced a hill to incorporate the Soldiers' and Sailors' Union of Washington city; which was read a first and second time, and, with the accompanying memorial, referred to the Committee on Military Affairs.

LEAVE OF ABSENCE.

On motion of Mr. SCHENCK, leave of absence was granted to Mr. BINGHAM for two weeks.

And then, on motion of Mr. ALLISON, (at four o'clock and thirty-five minutes p. m.,) the House adjourned.

PETITIONS, ETC.

The following petitions, &c., were presented under the rule and referred to the appropriate committecs:

By Mr. CULLOM: The petition of numerous eitizens of Sangamon county, in the State of Illinois. in favor of Congress imposing a national tax of two dollars per head on dogs.

Also, the petition of a large number of citizens of Sangamon County, Illinois, asking that Congress shall levy a specific duty upon wool.

By Mr. CLARKE, of Ohio: The petition of J. W. Pomprey, of Brown county, Ohio, asking pay for services rendered the United States as a detective.

By Mr. DAVIS: The petition of the trustees of New York Central College, for recognition and con firmation of title to certain tracts of land in Oregon and in Washington Territory.

By Mr. JULIAN: The petition of Eleanor C. Ransom, asking an appropriation to reimburse her for losses sustained in the service of the United States during the late rebellion.

By Mr. LAWRENCE, of Ohio: The memorial of Miss II. H. Webber, and 26 others, clerks in the Post Office Department, asking for equal pay to those einployed in the Treasury Department, and for propor tional amount of the $244 provided for clerks of

small salaries.

By Mr. PHELPS: The petition of James Hooper, of Baltimore, Maryland, claiming compensation for loss of bark General Berry, destroyed by rebel privateer Florida.

By Mr. RANDALL, of Kentucky: The petition of P. P. Ballard for the establishment of a post route over the new turnpike from Richmond via the mouth of Tate's creek to Lexington, Kentucky.

Br Mr. WELKER: The petition of William Botimer, and others, late officers in the thirteenth United States colored heavy artillery, asking pay for recruiting men for that regiment in the State of Ohio.

By Mr. WOODBRIDGE: The petition of Doctors G. J. Lock, E. A. Whipple, and H. M. Hall, of Danby, Vermont, praying that medicines used by physicians may be exempted from taxation.

IN SENATE.

WEDNESDAY, May 16, 1866.

Prayer by Rev. Dr. PHILLIPS, of London, England.

The Journal of yesterday was read and approved.

ADMISSION OF COLORADO-VETO.

The PRESIDENT pro tempore laid before the Senate the following message from the President of the United States:

To the Senate of the United States:

I return to the Senate, in which it originated, the bill which has passed both Houses of Congress, entitled "An act for the admission of the State of Colorado into the Union," with my objections to it becoming a law at this time.

1. From the best information which I have been able to obtain, I do not consider the establishment of a State government at present necessary for the welfare of the people of Colorado. Under the existing territorial government all the rights, privileges, and interests of the citizens are protected and secured. The qualified voters choose their own legislators and their own local officers, and are represented in Congress by a Delegate of their own selection. They make and execute their own_municipal laws, subject only to revision of Congress an authority not likely to be exercised, unless in extreme or extraordinary cases. The population is small, some estimating it so low as twenty-five thousand, while advocates of the bill reckon the number at from thirty-five thousand to forty thousand souls. The people are principally recent settlers, many of whom are understood to be ready for removal to other mining districts beyond the limits of the Territory if circumstances shall render them more inviting. Such a population cannot but find relief from excessive taxation if the Territorial system, which devolves the expense of the executive, legislative, and judicial departments upon the United States, is for the present continued. They cannot but find the security of person and property increased by their reliance upon the national executive power for the maintenance of law and order against the disturbances necessarily incident to all newly organized communities.

2. It is not satisfactorily established that a majority of the citizens of Colorado desire or are prepared for an exchange of a territorial for a State government. In September, 1864, under the authority of Congress, an election was lawfully appointed and held for the purpose of ascertaining the views of the people upon that particular question. Six thousand one hundred and ninety-two votes were cast, and of this number a majority of 3,152 was given against the proposed change. In September, 1865, without any legal authority, the question was again presented to the people of the Territory with the view of obtaining a reconsideration of the result of the election held in compliance with the act of Congress, approved March 21, 1864. At this second election 5,905 votes were polled, and a majority of 155 was given in favor of State organization. It does not seem to me entirely safe to receive this last mentioned result, so irregularly obtained, as sufficient to outweigh the one which had been legally obtained in the first election. Regularity and conformity to law are essential to the preservation of order and stable government, and should, as far as practicable, always be observed in the formation of new States.

3. The admission of Colorado at this time . as a State into the Federal Union appears to me to be incompatible with the public interests of the country. While it is desired that Territories sufficiently matured should be organized as States, yet the spirit of the Constitution seems to require that there should be an approximation toward equality among the sev eral States comprising the Union. No State can have more than two Senators in Congress; the largest State has a population of four millions, several of the States have a population 39TH CONG. 1ST SESS.-No. 164.

exceeding two millions, and many others have a population exceeding one million.

A population of one hundred and twentyseven thousand is the ratio of apportionment of Representatives among the several States. If this bill should become a law, the people of Colorado, thirty thousand in number, would have in the House of Representatives one member, while New York, with a population of four millions, has but thirty-one. Colorado would have in the Electoral College three votes, while New York has only thirty-three. Colorado would have in the Senate two votes, while New

York has no more.

Inequalities of this character have already occurred, but it is believed that none have happened where the inequality was so great. When such inequality has been allowed, Congress is supposed to have permitted it on the ground of some high public necessity, and under circumstances which promised that it would rapidly disappear through the growth and development of the newly admitted State. Thus, in regard to the several States in what was formerly called the "Northwest Territory," lying east of the Mississippi, their rapid advancement in population rendered it certain that States admitted with only one or two Representatives in Congress would in a very short period be entitled to a great increase of representation. So when California was admitted on the ground of commercial and political exigencies, it was well foreseen that that State was destined rapidly to become a great, prosperous, mining, and commercial community. In the case of Colorado, I am not aware that any rational exigency, either of a political or commercial nature, requires a departure from the law of equality which has been so generally adhered to in our history.

If information submitted in connection with this bill is reliable, Colorado, instead of increasing, has declined in population. At an election for members of a Territorial Legislature held in 1861, 10,580 votes were cast. At the election before mentioned, in 1864, the number of votes cast was 6,192; while at the irregular election held in 1865, which is assumed as a basis for legislative action at this time the aggregate of votes was 5,905. Sincerely anxious for the welfare and prosperity of every Territory and State, as well as for the prosperity and welfare of the whole Union, I regret this apparent decline of population in Colorado, but it is manifest that it is due to emigration, which is going out from that Territory into other regions within the United States, which either are in fact, or are believed by the inhabitants of Colorado to be, richer in mineral wealth and agri- || cultural resources. If, however, Colorado has not really declined in population, another census or another election under the authority of Congress would place the question beyond doubt, and cause but little delay in the ultimate admission of the Territory as a State, if desired by the people. The tenor of these objections furnishes the reply which may be expected to an argument in favor of the measure derived from the enabling act which was passed by Congress on the 21st day of March, 1864. Although Congress then supposed that the condition of the Territory was such as to warrant its admission as a State, the result of two years' experience shows that every reason which existed for the institution of a territorial instead of a State government in Colorado at its first organization still continues in force.

The condition of the Union at the present moment is calculated to inspire caution in regard to the admission of new States. Eleven of the old States have been for some time, and still remain, unrepresented in Congress. It is a common interest of all the States, as well those represented as those unrepresented, that the integrity and harmony of the Union should be restored as completely as possible, so that all those who are expected to bear the burdens of the Federal Government shall be consulted concerning the admission of new States, and that in the mean time no new State shall be prematurely and unnecessarily admitted to

a participation in the political power which the Federal Government wields-not for the benefit of any individual State or section, but for the common safety, welfare, and happiness of the whole country. ANDREW JOHNSON. WASHINGTON, D..C., May 15, 1866.

The PRESIDENT pro tempore. The question is on the reconsideration of the bill. Shall the bill pass, the objections of the President of the United States to the contrary notwithstanding?

My. WADE. I move that the message be printed and referred to the Committee on Territories, together with the bill.

Mr. SUMNER. I ask, is that the proper way?

Mr. FESSENDEN. I do not think it is usual to refer a bill in this stage. It cannot

be amended.

Mr. JOHNSON, and others. Let the message be printed and laid on the table.

Mr. WADE. If the course which is proposed is unusual, and I do not know but that it is, I will move simply that the message be printed and laid on the table.

Mr. SUMNER. Mr. President

The PRESIDENT pro tempore. The motion is not debatable.

Mr. SUMNER. The question of printing is debatable.

Mr. CLARK. You can call for a division of the question.

Mr. SUMNER. I merely wish to ask why we should not proceed to vote at once and dispose of the matter.

motion of the Senator from Ohio, so that the Mr. HENDRICKS. I desire to modify the

bill shall be made the order of business for some particular hour; I am not choice about the hour.

The PRESIDENT pro tempore. The motion to lay on the table, in the opinion of the Chair, supersedes that motion; and it is not amend able in that form. The question is on the motion of the Senator from Ohio, that the message and bill be laid on the table and printed.

The motion was agreed to-ayes 17, noes not counted.

RELATIONS WITH ECUADOR.

The PRESIDENT pro tempore laid before the Senate the following message from the President of the United States:

To the Senate and House of Representatives: I transmit to Congress a copy of a correspondence between the Secretary of State and the acting chargé d'affaires of the United States at Guayaquil, in the republic of Ecuador, from which it appears that the Government of that republic has failed to pay the first installment of the award of the commissioners under the convention between the United States and Ecuador of the 25th November, 1862, which installment was due on the 17th of February last. All debts of this character from one Government to another are justly regarded as of a peculiarly sacred character, and as further diplomatic measures are not in this instance likely to be successful, the expediency of authorizing other proceedings, in case they should ultimately prove to be indispensable, is submitted to your consideration."

ANDREW JOHNSON.
WASHINGTON, May 9, 1866.

Mr. SUMNER. I move that that message of the President, with the accompanying papers, be printed, and referred to the Committee on Foreign Relations.

The motion was agreed to.

PETITIONS AND MEMORIALS.

Mr. LANE, of Indiana, presented a memorial of the board of trustees of the Indiana Agricultural College, praying for a modification of the act of July 2, 1862, granting to the several States a quantity of land equal to thirty thousand acres for each Senator and Representative in Congress for agricultural col

leges; which was referred to the Committee on Agriculture.

Mr. YATES presented a memorial of assistant assessors under the internal revenue law in the ninth district of Illinois, praying for increased compensation; which was referred to the Committee on Finance.

Mr. HARRIS. I have received a memorial the disposition of which has been a matter of doubt with me. It is numerously signed by citizens of Cortland county, New York. It speaks of grievances that have long existed, and very earnestly; but what those are I am unable to discover; and, on the whole, as the meaning

and construction of a written instrument is a question of law, I propose to refer it to the Committee on the Judiciary.

The memorial was referred to the Committee on the Judiciary.

FRESH-WATER BASIN FOR IRON-CLADS.

Mr. GRIMES. I am instructed by the Committee on Naval Affairs, to whom was referred a resolution of the city council of the city of Portland, in the State of Maine, in relation to the preservation of iron-clads, to report the same back, accompanied with a joint resolution.

Mr. FESSENDEN. I should like to have that resolution taken up and passed now. It is only for the appointment of a commission. Mr. JOHNSON. I should like to have it read.

The joint resolution (S. R. No. 92) authorizing the appointment of examiners to examine a site for a fresh-water basin for iron-clad vessels of the United States Navy was read a first time by its title.

Mr. JOHNSON. Are they to examine sites anywhere?

Mr. GRIMES. No, sir.

The PRESIDENT pro tempore. Does the Senator from Maryland ask for the reading of the joint resolution at length?

Mr. JOHNSON. If what has been read states the substance of it I do not.

Mr. GRIMES and Mr. FESSENDEN. That is the title merely.

Mr. JOHNSON. Then I ask for the reading of the resolution.

The Secretary read the resolution, which proposes to direct the Secretary of the Navy to appoint a board of examiners to examine a site at or near the city of Portland, State of Maine, for a fresh-water basin for iron-clad vessels of the United States Navy, and to ascertain the advantages and cost of the site, and report to Congress during the present session.

Mr. JOHNSON. I have not the slightest objection to that; but why should it be confined to the city of Portland? Why not authorize them to examine sites anywhere?

The PRESIDENT pro tempore. The joint resolution is not before the Senate at present for consideration.

Mr. JOHNSON. I beg pardon. I thought it was under consideration.

Mr. FESSENDEN. I should like to have it taken up if there is no objection, because the time named in it for a report is so short.

Mr. JOHNSON. I do not object to it of

course.

Mr. CLARK. The clause directing a report during the present session of Congress had better be stricken out.

Mr. JOHNSON. It cannot be done in the time mentioned. What I suggested was, that it was limiting the authority of the board. Is the resolution now before the Senate?

The PRESIDENT pro tempore. It is not. Mr. FESSENDEN. I should like to have it taken up and considered now.

There being no objection, the joint resoluwas read a second time, and considered as in Committee of the Whole.

Mr. JOHNSON. I was about saying before that I did not exactly understand why the board to be appointed under the authority of this resolution was to be limited to the examination of a site at Portland.

Mr. FESSENDEN. I will explain it, if the Senator will allow me. There is an important public work going on in Portland by which the Presumpscot river, which is near Portland, is brought by a canal directly into the habor of Portland, a little outside of the city. The engi neer in charge of the work says it is perfectly practicable, at a very small expense, to give the Government all the room it needs for the purpose of laying up in fresh water-not in fresh and salt water, but in absolutely fresh water-these iron-clads; that it may be done at the expense of some two or three hundred thousand dollars, and any number of acres of land may be covered by a little wall across the mouth, and it will furnish all facilities of that description. I have been very anxious not to urge the matter upon Congress, and have brought in no bill on the subject, or anything of the kind; but at the very beginning of the session I endeavored to prevail on the Secretary of the Navy to have this site examined and reported upon. I could get no encouragement from him that he would allow anybody to examine it and make a report. He brought up certain objec tions, all of which, I thought, were entirely untenable. He was urged strongly to just get the facts, by a commission appointed by himself, who could say whether it was fit for this purpose or not, and how much it would cost, &c.

Mr. JOHNSON. He could have done that, if he pleased.

Mr. GRIMES. He had not the authority. Mr. FESSENDEN. He could send down any man to do it, if he had chosen to do so. He did not say he had not the authority; he did not make that a point. He could have sent, not a commission, but an engineer-there are engineers in the employ of the Navy Department-or any one of his officers to look at it, and there would be no difficulty about it. I could not prevail upon him to do it. Finally a letter was handed to him by a gentleman, and he made the reply, substantially, that until the question of League Island was disposed of he would not have it examined.

Mr. JOHNSON. The Senator will permit me to ask him whether this site in Maine has ever been examined by anybody.

Mr. FESSENDEN. It has been examined by the engineer engaged upon the work of which I have spoken; and he says that this can be done.

Mr. JOHNSON. That I understand; but has anybody examined it for the Government? Mr. FESSENDEN. No, sir.

Mr. JOHNSON. So that they have had no opportunity of comparing the two sites, the one proposed at Portland and the one at League Island?

Mr. FESSENDEN. No, sir; and I cannot get an examination. I stated to the Secretary distinctly, "Sir, I have no opinion about it; I urge nothing in regard to it; I ask nothing in regard to it except simply that you will ascer tain the facts for yourself by one of your own officers;" and up to this time I have not been able to get him even to move to let the facts be known to Congress or to anybody else. Therefore it is that I want this resolution passed to direct him to send a commission there to examine and report. That is all.

Mr. FOSTER. [Mr. POMEROY in the chair.] Mr. President, I move to amend the resolution by adding after the words "Portland, Maine," the words "and also New London, Connecticut."

Mr. FESSENDEN. I hope the Senate will not do that. New London, Connecticut, has already been examined by a commission. There has been an examination and a report upon New London. The Senator will not, I take it, contradict that fact. I do not want so much put upon this commission that they cannot make a return at this session of Congress. The examination at Portland can be made in the course of a week; but if others are put on, it nullifies the whole thing. Connecticut has already had its commission to examine New London and to report upon it; and the report

is here. Now, I do not intend or desire to push this matter of Portland; I have no opinion on the subject even, except that I do not see why it might not be done there; but there are a great many considerations that I am not able to understand, probably, or to explain; still I want a report on that as well as upon New London; but I do not want another for New London put on to this resolution.

Mr. FOSTER. It is far from my purpose to interfere with or thwart the object which the honorable Senator from Maine has in view. The proposed amendment is not offered with any such design. The Senator is not quite correct in saying that New London has had an examination and report already on this subject. There has been, it is true, an examination by a board appointed by the Secretary of the Navy as it regards the fitness and the desirableness of New London as a site for a navy-yard. But this is a distinct question.

Mr. FESSENDEN. It was put precisely upon this ground, as a place for iron-clads. Mr. FOSTER. Of course I will not contradict what the Senator states.

Mr. FESSENDEN. It was brought up in opposition to League Island.

Mr. FOSTER. It is true that League Island and New London came in competition; but the principal cause for the examination of both places was to ascertain the best site for a navyyard. That was the general purpose of the board; and the matter of iron-clads came in as an incident, and was by no means the principal cause for the appointment of the board; nor was their examination directed to that end only." The question of iron-clads, as I admit, came in; but the examination for a fresh-water basin specially for the protection of iron-clads has not yet been intrusted to any commission. There has been no committee for such a purpose; there has been no examination of New London for such a purpose, nor of League Isl and for such a purpose, but for the establishment of a navy-yard. The very reason that the honorable Senator gives, so far as it goes, is a reason why this resolution should be amended in this manner, because it will not consume much of the time of the officer or officers who may be detailed for this purpose; for so far as the examination has already progressed at New London, it may be taken and will serve as an aid to the board who are making the examination, and will not be an impediment,

I repeat, again, that I am by no means inclined to thwart the purpose of the Senator from Maine; but I am desirous that New London shall not be lost sight of in this examination, and that the peculiar advantages of that harbor, both as a naval station and a navyyard generally, and particularly as a site for the object which this resolution has in view, should attract the attention of Congress. It is not by any means either to delay or impede the honorable Senator's object that I move the amendment.

Mr. FESSENDEN. I do not know what the motive may be; but the effect is to prevent my getting the report that I want to get; and I do not think it is quite just or reasonable, because there has already been a thorough examination of New London; we know all about it. There is no danger of its being lost sight of, for I-and I presume all other Senators-have been perfectly overwhelmed with communications and newspapers from New London with regard to it ever since the matter was started originally. I have no objection to the Senator's having a commission if he wants one; but I do not think this resolution should be embarrassed with it, because I have been trying all the session to get a report on this site during the present session of Congress. I simply want an examination and report; and I really hope the object I have in view will not be embarrassed by piling on another site and another and another, and thus defeating all. I should like to have this resolution stand by itself and get the report of a commission on this site. If there had been no examination and report in regard to New London, I should

not object to the amendment of the Senator || from Connecticut; but it is a little hard, I think, to crowd upon an original proposition an old one which has already excited so much attention and been examined on its own merits. This is a single matter, not with reference to a navy-yard, but to find what merit there is in this place for the purpose named; I do not know that there will turn out to be any.

The PRESIDING OFFICER. The question is on the amendment of the Senator from Connecticut.

Mr. RIDDLE. Is the amendment open to amendment?

The PRESIDING OFFICER. It is.

Mr. RIDDLE. I move to amend the amendment by adding, after the word "Connecticut,' the words "and New Castle, Delaware," a place which has been examined thoroughly by men outside of the committee, and it is deemed very appropriate for this purpose.

Mr. JOHNSON. I shall vote for the original resolution with great pleasure, and shall vote against both the amendments, the one proposed by the Senator from Connecticut and the other proposed by the Senator from Delaware. But there is a position, as I understand, the examination of which perhaps will not interfere in any way with a report by the commission within a very limited time. At the head of Severn river, near Annapolis, there is an extraordinary sheet of fresh water, such as is not to be found, I understand, even in the State of Maine; it is called the Round bay. The water is perfectly fresh; it has a depth of some thirty and forty feet, and has capacity to float an immense navy. What I desire-and I shall not offer an amendment if the honorable member from Maine thinks it will interfere in any way with his object-what I should like to have would be to have a board examine into that site and say whether that would not answer the purpose. In relation to the proposed site at Portland, as far as I know anything about it, and that is only from reading a letter that I have received from the engineer who is now employed on some works connected with the harbor there, which it is supposed may be used, I am very favorably impressed with it. I have received a long private letter explaining the exact situation of the river proposed to be used. Without, of course, knowing a great deal upon such matters, I have come to, the conclusion that what he proposed was very practicable, and that the site itself would be an admirable one for the purpose for which it is supposed to be adapted by the resolution proposed by the Senator from Maine; but I am not sure that this site would not be as good. If the honorable member thinks it will interfere in any way with his object, I shall not offer the amendment, but shall propose it as a separate resolution at some other time.

The PRESIDING OFFICER. The first question is on the amendment of the Senator from Delaware to the amendment of the Senator from Connecticut.

The amendment to the amendment was rejected.

The PRESIDING OFFICER. The question now is on the amendment proposed by the Senator from Connecticut.

Mr. FOSTER. I cannot believe that this amendment will occasion any such delay as the Senator from Maine suggests. The officers who go to Portland will of course pass New London on their way if they go from this section of country, and if they come from the other section, and come this way, they must pass New London. It is certainly perfectly feasible and practicable for the officers who may be charged with this duty at Portland to make an examination at New London with very little delay. The report

willing, after that shall be ascertained, to abandon my amendment, and have the report made leaving out New London. If it shall be ascertained by the Senator that the officers in charge of this work cannot make an examination of both harbors so that we can have the comparison I shall then consent to change the resolution, and have the harbor of Portland examined and a report made on that alone; but I repeat I have no idea that this examination will occasion a delay of three days. It will be wholly unimportant so far as the delay to Portland is concerned, and I do think that there can be no injury to the Senate, to the country, to anybody if we have this examination so that we can compare the two harbors of Portland and New London together, and so decide on their relative and absolute merits.

The previous examination which has been alluded to, so far from being a reason why this should not be done, is a reason why it should, and is a conclusive reason against what is now urged by way of delay. That examination will probably aid the officers so far in making the present one that in a very short period of time the examination can be made so as to be satisfactory. I do hope that this amendment will be adopted.

Mr. HENDRICKS. I move to strike out that portion of the resolution which fixes any particular place of examination, so that a board appointed by the Navy Department shall make an examination generally. I suppose Senators are aware of the fact that this is a new necessity growing out of the construction of an iron navy. It is desirable to have fresh water in which to float these vessels to avoid the destruction which is incident to their being kept continually in salt water. This subject has never been investigated, I presume, because there has never been a necessity for the investigation before. I cannot, however, see the propriety of going to any one point and that only. Is it not better to say to the Department, "Examine generally and ascertain where is the best point for the floating of the iron-clads in fresh water?" If the best point be at Annapolis certainly that point ought to be selected. If the best place is at Philadelphia that ought to be selected. If, on the other hand, Portland, in Maine, be the best point we ought to select that. Certainly a very satisfactory examination, and such an examination as would enable Congress to legislate upon the subject, would be secured by a resolution authorizing a general examination. Suppose a commission go to Portland, Maine, and report that that is a very suitable place. That report will not inform Congress whether it is the best location, because that commission would not have examined the other points. It seems to me that it is far better just to say that a commission shall be appointed to examine generally, and surely the Senator from Maine is not afraid of that investigation, for if his place be the best, then, of course, the board will select it; if it be not the best I know that he is too patriotic to desire its selection.

The PRESIDING OFFICER. The amendment of the Senator from Indiana will be in order when the present amendment shall have been disposed of. Not being an amendment to the pending amendment, it is not in order.

Mr. McDOUGALL. In confirmation of the same view which the Senator from Indiana has presented, I desire to say a word. This subject is one that has attracted the attention of Senators and members of Congress for some years past, and it is one on which there has been great difference of opinion. I have an opinion of my own, which has been obtained with some carefulness. There is a large sheet of fresh water that enters into Tappan bay sixteen miles of New York

are to be taken care of in fresh water when not needed on the ocean.

I think, however, the matter should be carefully inquired into by competent officers, who will regard the public service and not local interests. Of course, in this I have no local interest, but my attention was called to all these points long since, and I made it somewhat a matter of study; and my impression is that Tappan bay, above New York city, on the Hudson, is the most convenient, and would be the best point for this particular service. I am told by engineers that with a dam and locks, at small expense to the Government, fresh water enough to float a navy can be had, right there, convenient to all the machine-shops and to all the works of the first city of the Union. My impression is that that would be the best place; but I should like to have it inquired into by men who profess to understand this business as a science. I think it should be done. It is customary, in careful legislation, to have commissions appointed about questions of this kind, commissions of men of particular skill in their particular department; and I think a commission should be sent out to examine, and their report should be received as authority on the subject. It would govern me. I would not like to be governed entirely by my own particular opinions, for my information is not so extended as I should desire to have it in order to feel that I am perfectly informed.

Mr. FESSENDEN. I have no doubt many Senators have places in their eye, and are very learned on this subject. I do not profess to know anything about it. It is not a matter upon which I have an opinion with reference to what should be the place. I only say that at present there is a large public work going on at Portland, which is to go on whether this basin shall be made there or not-a work undertaken by a private company. The engineer of that work, a man of great experience and skill, known, I believe, to the honorable Senators from Michigan, has given the opinion that at a very small expense this thing can be accomplished there. Whether it can or not, I do not profess to know. As I stated before, I have made every effort to get some information on the subject, to let somebody look at it who was capable of judging, and who was an officer of the Government-just to that extent, no more and make a report. I have utterly failed, because the Secretary of the Navy will not look at any place except League Island. That is the fact about it. He will not even permit the Department or himself or anybody else to have any information on the subject. This work is going on there day after day, and the facts can be ascertained. I do not know, even if this basin could be made at Portland and made at a slight expense, that it would be the proper place; I do not pretend to say that it would be. I merely want an examination made and the evidence with regard to it placed before the Department and before Congress that we may have the use of it.

With that view, as it is very late in the session, and I want the report to come in at this session, I ask simply for the appointment of this commission. My friend from Connecticut, who has had New London examined and treated of, wishes to put New London on here. Anybody can see what the result must be. It will probably take a week to make a thorough examination of this place, and then the report is to be made; but if they are to go from that to New London, it will take just double the time, and if then to some other place the time is just so much increased. We are now getting toward the close of the session, and we can get the testimony with regard to Portland at this session. I the be

both harbors may be had intert in regard to within six that, with a dam and locks, can be embarrassed by these other places which gen

and that without any such delay as to embarrass the measure at all. If it shall turn out on the examination that the officers cannot examine both places, and that Portland will thereby be prejudiced, I shall be perfectly

made to float, in fresh water, a navy, convenient to business, convenient to the service. It is my impression, not altogether my conviction, but my impression, that that is the true point in which to locate the place where iron-clads

tlemen have had ample opportunity to investigate for themselves, and to offer their own resolutions and accomplish their own purposes; but they have not chosen to do that, and instead of taking that course they wait until a proposi

tion is made with regard to one place and then try to load it down with theirs. I do not like that kind of practice. I do not think it is exactly the way we ought to treat each other.

Now, as to the suggestion which the honorable Senator from Indiana makes, that will defeat the resolution altogether; and I suppose that is what he is driving at. It just makes a general roving commission to go all over the country and examine all the territory of the United States and see where a place can be found. The result is perfectly manifest. The proposition is very plausible and very smooth, like everything else that my honorable friend from Indiana does; but if you look through it, you see what the result is. We shall get no information, probably for years, on the subject.

The PRESIDING OFFICER, (Mr. POMEROY in the chair.) The morning hour having expired, it becomes the duty of the Chair to call up the unfinished business of yesterday.

Mr. SHERMAN, What is the unfinished business?

The PRESIDING OFFICER. It is the bill (H. R. No. 261) making appropriations for the consular and diplomatic expenses of the Government for the year ending June 30, 1867, and for other purposes.

Mr. FESSENDEN.

Let that bill come up. I should oppose anybody else going on with any business that would interfere with that; and therefore I shall not ask that the approprition bill be laid aside for the purpose of dispos ing of this resolution.

Mr. GRIMES. I wish to say one word; not on the subject of this resolution, but in justice to the Secretary of the Navy. According to my construction of the law and the duties of the Secretary of the Navy, he had no more authority to comply with the request of the Senator from Maine than I have. Suppose I had gone to the Senator from Maine, when he was Secretary of the Treasury, and asked him to send an engineer to the town where I live, for the purpose of selecting a proper site to establish a custom-house. We have got a surveyor of customs there, but no appropriation has ever been made for the establishment of a customhouse, and Congress has never contemplated any such thing. If I had made such a proposition he would have laughed at me. But the gravamen of the charge, believe, is that the Secretary of the Navy will not interfere with anything or listen to anything as long as League Island is under consideration. What evidence is there of that? Did the Secretary tell the Senator from Maine so?

Mr. FESSENDEN. He told another gentleman so. I have it in a letter that he so stated.

Mr. GRIMES. He told another gentleman, who told another gentleman so, who wrote the Senator from Maine so. That is the kind of information we have. As I said when I rose, I have nothing to say in regard to this proposition, but simply to say, in justice to the Secretary of the Navy, that I think he had no more authority to detail an engineer he had not any engineer, in the first place

Mr. FESSENDEN. Then you do not agree with him on that point.

Mr. GRIMES. He had not any engineer for any such purpose as this. There is an engineer stationed in the Bureau of Yards and Docks, an engineer who superintends the construction of buildings, but no engineer who is capable, so far as I know, and judging from what I know, I doubt whether he is capable even to perform the duties he is assigned to perform, no one capable of entering upon the investigation of any such grave subject as is proposed by this resolution.

Mr. FESSENDEN. I wish to say one word in reply to that. The Secretary of the Navy made no such point to me. He did not state that he had no authority to do this, nor did he even suggest it.

Mr. CONNESS. As this resolution is now before the Senate, I hope we shall get a vote it before the appropriation bill is taken up. Mr. FESSENDEN. I would rather not

upon

take the vote upon it. I want to go on with the appropriation bill. I should object to any body else proceeding, and therefore I shall not ask that this resolution be proceeded with now. The PRESIDING OFFICER. House bill No. 261 is. before the Senate.

Mr. McDOUGALL. I merely wish to suggest that the amendment I proposed to the amendment of the Senator from Connecti

cut

The PRESIDING OFFICER. That quesion is not before the Senate at this time.

Mr. MCDOUGALL. I only wish to present it, that by the courtesy of the Senate it may be considered as before the body.

The PRESIDING OFFICER. It may be received by unanimous consent.

Mr. McDOUGALL. I ask the Secretary to read it as an amendment to the amendment. The PRESIDING OFFICER. The amendment of the Senator from California will be received and will be read when the joint resolution is again before the Senate.

Mr. HARRIS. Before the appropriation bill is proceeded with, I desire to make a report from a committee.

The PRESIDING OFFICER. The consular and diplomatic appropriation bill is before the Senate, but by unanimous consent the Chair will receive reports and other morning business.

REPORTS OF COMMITTEES.

Mr. HARRIS, from the Committee on Private Land Claims, to whom was referred the memorial of William Syphax, praying to be confirmed in his title to a tract of land in the Arlington estate, (so-called,) Virginia, granted to his mother by the late G. W. P. Custis in the year 1862, reported a bill (S. No. 321) for the relief of Maria Syphax; which was read and passed to a second reading.

Mr. CLARK. The Committee on Claims, to whom was referred the petition of D. D. Sublett, praying for compensation for services rendered in taking the eighth census in the county of Morgan, State of Kentucky, have directed me to make an adverse report thereon, there being power to pay the claim at the Department. I move that the report be printed. The motion was agreed to.

Mr. LANE, of Indiana, from the Committee on Pensions, to whom was referred a bill (H. R. No. 462) granting pension to Mrs. Sally Andrews, reported it without amendment.

He also, from the same committee, to whom was referred the petition of Mrs. Sarah E. Brewer, praying for an extra pension in consequence of the loss of her husband and two sons in the Army, reported adversely thereon, there being no proof to sustain the prayer of the petitioner, and asked to be discharged from its further consideration; which was agreed to.

Mr. MORRILL, from the Committee on the District of Columbia, to whom was referred a bill (S. No. 296) to incorporate the America Fire and Marine Insurance Company of Washington, District of Columbia, reported it with

out amendment.

He also, from the same committee, to whom was referred a bill (S. No. 178) to incorporate the Metropolitan Mining and Manufacturing Company, reported it with an amendment.

He also, from the same committee, to whom was referred a bill (H. R. No. 558) to amend the charter of the Washington Gas-Light Company, reported it without amendment.

Mr. WILLIAMS, from the Committee on Claims, to whom was referred the petition of Joseph W. J. Holmes, sr., praying for compensation for property destroyed in Columbia, South Carolina, by the United States forces under General Sherman, submitted an adverse report thereon; which was ordered to be printed.

Mr. SPRAGUE, from the Committee on Military Affairs and the Militia, to whom was referred the petition of James S. Fish, and others, of the home guard of Rockcastle and Lincoln counties, in Kentucky, praying for compensation for services rendered during the

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threatened raid of the rebel John Morgan 1862, submitted a report accompanied by a joint resolution (S. R. No. 94) providing for the payment of certain Kentucky militia forces. The joint resolution was read and passed to a second reading, and the report was ordered to be printed.

Mr. YATES, from the Committee on the Dis. trict of Columbia, to whom was referred a bill (S. No. 290) to incorporate the National Life and Accident Insurance Company of the District of Columbia, reported it without amendment.

PASSPORTS.

Mr. TRUMBULL. The Committee on the Judiciary, to whom was referred the bill (H. R. No. 568) to repeal section twenty-three of chapter seventy-nine of the acts of the third session of the Thirty-Seventh Congress, relating to passports, have had it under consideration, and have directed me to report it back with an amendment; and as it is a short bill, I ask that it be put on its passage. It will take but a moment.

There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the bill, which repeals section twentythree of an act entitled "An act making ap propriations for sundry civil expenses of the Government for the year ending June 30, 1864, and for the year ending the 30th of June, 1863, and for other purposes."

The Committee on the Judiciary reported the bill with an amendment, to add at the end of the bill," and hereafter passports shall be issued only to citizens of the United States." The amendment was agreed to.

The bill was reported to the Senate as amended, and the amendment was concurred in. The amendment was ordered to be engrossed, and the bill to be read the third time. It was read the third time and passed.

DIRECT TAX IN WEST VIRGINIA. Mr. VAN WINKLE. I am directed by the Committee on Finance, to whom was referred the joint resolution (S. R. No. 90) to suspend temporarily the collection of the direct tax within the State of West Virginia, to report it back without amendment and recommend its passage; and as the mischief intended to be cured is now going on, I should be glad if the Senate would indulge me with the present consideration of the resolution; it can occupy but

a moment or two at most.

There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the joint resolution.

Mr. VAN WINKLE. The circumstances which have led me to introduce this resolution are briefly these: at the time this direct tax was imposed, the State of West Virginia was not in existence; nevertheless we admitted the obligation of the tax to be laid upon our lands. Commissioners were appointed to collect the tax in the State of Virginia, and they have been operating for some time. We have had no notice of any intention to collect that tax within our limits, and as late as the 4th of this month the commissioners appointed by the State of Virginia have issued a notice requiring the people in a certain district of West Virginia to pay their taxes at once. Several of the counties within that district are those that have been most devastated by the war; and the Legislature of West Virginia at its late session remitted and released the State tax for four years on that very district. But, sir, we have a claim, as the Senate will remember, against the United States amounting to twice as much as our share of the direct tax, and in the bill which has already passed the Senate for the payment of that claim, it is provided that our share of the direct tax of the old State of Virginia is to be deducted from the amount found due us. This collection is producing a great deal of distress in those counties. As I have already said, they are the counties in the State which are perhaps least able to bear it, although I presume the process will go on.

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