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rather considered the question as one belong. Mr. KIRKWOOD. I was out of the Cham- stitution by a majority of some three or four ing to them than to anybody else. We are not ber at the time when this matter was called up, thousand. the guardians of Territories so as to say that and I desire to ask whether the question now But I conclude with asking the honorable when they are willing to relieve the General is on taking up the bill at this time for consid- member from Ohio, or the friends of this Government of the burden of sustaining a ter- eration.
measure, whether it is not advisable, looking ritorial government and they are able to main- The PRESIDING OFFICER, (Mr. CLARK to the wishes of all the members of the Sentain themselves we will prevent them from in the chair.) The question is on taking up ate, that some day should be set aside at which doing it; but we have generally accommodated the bill and making it the special order for to- this measure should be considered. them and said, "If you are willing to relieve us morrow at one o'clock.
Mr. WADE. I should not say another word from the burden of sustaining a territorial gov- Mr. KIRKWOOD. I am very anxious to | if it had not been insinuated that if we treat ernment and to take upon yourselves a State get before the Senate, if it be possible, prior to this measure as we do other measures the government, we are very glad to invite you in." Wednesday, and to have the action of the President will be somehow called in question l'hat has been the general course of Congress, | Senate upon it, a bill reported by the Commit- || in regard to it. but it has been departed from by the President tee on Public Lands, which is a very important Mr. JOHNSON. I have not said so. upon this occasion, and I am not going now It relates to the public lands in the States Mr. WADE. You appealed to us, saying to scrutinize his reasons for it. He may have that have been in rebellion. It is a bill which that if we delayed it might be so construed, good reasons. Undoubtedly they are satisfac- has already been passed by the House of Rep; or so understood, or something of that kind, tory to himself; but they are not quite as sat- resentatives, and has come to the Senate, and Now, I disclaim all such considerations and isfactory to me and I hope they are not to many I look upon it as one of the most important || all idea that such an effect can follow. I do members of this Congress. His action is novel, | measures, perhaps, upon which we shall act not know whether the President supposes, or and I hope it will not be repeated by any Exec- during this session. I hope that the bill will anybody else supposes, when he has exercised utive hereafter when Congress gives its assent not be taken up at this time, but that an oppor. his constitutional right that nobody denies him, to the admission of a State. But I am not going | tunity will be afforded to take up the bill to and has sent a bill back here for our reconsid. to argue that point now, If I have voted both which I allude.
eration, that we should not treat it precisely as ways upon this subject, I have only to say that Mr. JOHNSON. The motion made by the we do any other question, or any other message the evidence was made to appear very differ- honorable member from Indiana is not to take coming from him, I care not what. Why ently on the different occasions when the meas. up the bill now, except for the purpose of should we not treat it as we do his annual ure was up, and that is the Aason I changed affixing some day on which it shall be consid- message, or any other message, with regard to
ered. He has proposed to-morrow. Perhaps || which we act precisely as we do with reference Mr. SUMNER. Mr. President, I am un- that is too short a time, and as the friends of to any other question that is before us? If we willing that this question shall be treated as a the bill ought to have, in some measure, the are not ready to take it up we postpone it; and question of courtesy to the President of the fixing of the time at which it is to be consid- the President has no right to consider that he United States. I prefer that it shall be re- ered, I would suggest to them that they name is treated with any courtesy or any discourtesy garded, as I think it really is, simply as a ques- some day when the matter shall be considered. whatever we may do with it, unless we treat him tion on the order of business. I believe it is I regretted very much to see the Senate a with disrespect in relation to it. in that way that the Senator from Indiana has few days since refuse to take up the message; Our time, our manner, our way of dealing chosen to present it—a question on the order and I also regretted to see that treated as an with the veto message of the President is within of business. Now, looking at it in that light, | intention by the Senate to act discourteously our own power, precisely the same as every it does seem to me that the Senate ought not toward the President; and I still more regret- other question. There is no difference between longer to postpone its consideration. It has ted to see it stated that that was considered to it and other measures, in that respect, in my been already unduly postponed; postponed, be the purpose of the honorable member from judgment; and therefore I have forborne to I think, longer than any such measure ever before was postponed.
time and who objected to the consideration nor will it influence my action because it canBut as I have said, it is simply a question on of the message. I certainly never supposed not affect the President at all. We are entirely the order of business, and it is not a question that the honorable member from Maine in- independent, as he is independent, any further of principle, nor am I disposed to regard it tended any such thing or was capable at any than he is bound by the Constitution within as a question of courtesy; therefore I am very time of sbowing any discourtesy to any branch ten days to make up his mind and send back a much disposed to follow what seems to be the of the Government. As far as I am concerned bill either approved or disapproved, and he inclination of the Senate. I do not wish to his disclaimer was perfectly unnecessary. And generally has taken the longest time in which interpose any individual opinions of mine to I am equally sure that the majority of the Sen- to do it. There is no reason why he should not go across those of Senators who have this ate could not have contemplated any such dis- do so, if he is not ready to make up his mind measure specially in charge. If the Senate is courtesy to the President; but I submit to the
and it is no discourtesy to us that he not disposed to proceed with its consideration friends of the bill for the admission of Colo- goes to the extreme of his rope on the subject. to-day, if there is obviously a majority against rado whether it is not proper that some day || It can be no discourtesy to bím if we take our it, I am perfectly willing for one that for the should be fixed on which the subject may be
time to consider his message.
There is no present it should subside. At the same time considered. If to-morrow is too soon, say question of courtesy or discourtesy in the matI cannot say that without expressing the opin- to-morrow week or this day week; we shall ter at all. ion that the Senate does owe it to itself and to all then be notified of the time when the mat- As to the manner of taking up this bill, my the question at issue not to allow its consider- ter is to be called up and can all be at our course upon it is precisely what it has been ation to be too long postponed. posts to vote as we may think it our duty to with
other bill of which I have had charge. Having said this, perhaps I have said enough vote. I will add that although so far no dis- I am anxious that the bill of which I am in in reply to the practical observations that have courtesy has been designed to be shown to the favor should pass; and if I stand behind it to been made by Senators who have preceded me; President of the United States, yet perhaps conduct it through the Senate, I will always, but there seems to have been a disposition to it would look a little discourteous, whether so far as I can, make use of all honorable open the main question ; different Senators designed or not, if we should refuse to fix some means to secure its passage. If I think one have expressed their opinions with more or less 1 day at which the question shall be considered. time is more favorable to it than another, I will fullness on that I shall not follow them in I appeal, therefore, to my friend from Ohio to take that time, if the Senate will give it to me. that. This is not the time for such a discus- name some day next week or this week on I do not think the Senate ought at present to sion. That time may come. It has already which he will agree to take the measure up. fix a time for the consideration of this bill, been before in this Chamber, and then I had It is not my purpose, because the matter is because several Senators are absent and there ample opportunity to say what I chose to say. not before the Senate, to answer one of the is a very important measure just before us, and Perhaps hereafter I may deem it proper to take suggestions of the honorable member from about to come up which will take some time. another opportunity ; but so far as I am per- Ohio, which would have been more proper, I do not know that we ought now to fix a time sonally concerned I am in no haste to speak. | perhaps, if the bill were before Senate than for this matter. I prefer to leave it under the I have no disposition to press the matter. simply on a motion to take it up, that this is control of the Senate, from day to day, without
I cannot take my seat, however, without the first time when a President of the United making it a special order. making one remark in reply to my friend from States has vetoed a bill for the introduction Here let me say that I have never been able Ohio. He says that he is for the admission of of a State into the Union. That may be true; to understand the reason why Senators are so Colorado now, notwithstanding the veto of the but it is not the less true that he has the con- intent upon making questions special orders. President.. To that I reply that I am against stitutional right to veto it; just as much right They have no more force than other bills which the admission of Colorado now, notwithstand- to veto a bill of that description as any other are not made special orders. A Senator can ing the for one, mean bill the States move at any time shall be received into this Union from this time in supposing, too, as he seems to suppose, of a majority of the Senate from day to day. forward with a constitution which disavows the that this measure comes before us by force of I may add that if I am to conduct this, bill I first principle of the Declaration of Independ an enabling act. I do not understand that to shall take no longer time than I think is neces
On that principle I stand, and I shall be the condition of things. What the enabling sary to bring it fairly before the body, taking take advantage of every opportunity that is act authorized the people of the Territory to no advantage of one side or the other, seeking given to me to uphold it, whether by any Sen- do was to vote under certain restrictions and nothing but the deliberate judgment of the ator on this floor or by the President of the at certain times, and at the election held under Senate upon it, and desiring action when all United States.
the authority of that act they rejected the con- can be present. If it was so now that that
always to stand by the principle that no State may past
could be done, I should not delay the measure (S. No. 74) for the admission of the State of Under the circumstances, I do not mean to a moment;
I would as soon have the vote taken Colorado into the Union, and to make it the have any further controversy, either of an to-day as any other day. There are several special order for Tuesday week. The Chair “excited" or an unexcited character, with the Senators absent, however, who ought to be will divide the question, because it requires honorable Senator from Ohio on that subject. here to pass their judgment upon it. I cannot two different votes. The first is carried by a The question is for the Senate to decide. If tell when they will be back. When they are majority and the other by a two-thirds vote. they decide that the Senator from Ohio shall here, if any Senator suggests to me that he The first question is on the motion to take up be allowed to take up his bill to the exclusion wants the bill taken up, and I can see no good the bill.
of other business, and proceed with it under reason to the contrary, I shall very cheerfully The motion was agreed to.
the circumstances, very well. I am not more move to take it up, and that without any at- The PRESIDING OFFICER. The Sena- interested in it than anybody else. tempt to take advantage of one side or the tor from Indiana now moves that the bill be Mr. SHERMAN. I came here this morning other. I expect always to act in subordina- made the special order for Tuesday week, at with the expectation that the Senator from tion to the deliberate will of a majority of this one o'clock.
Maine would call up the joint resolution re. body fairly expressed. I never ask for any snap The motion was agreed to, two thirds of the ported from the committee of fifteen, which judginent on any measure I have in charge, Senate voting therefor.
has excited so much attention; and I have yet however strongly I may feel on the subject.
heard no reason given why it has not been
FORTIFICATION APPROPRIATION BILL. That is not my habit, and it will not be on this
called up. Perhaps a reason was given when occasion. I want the bill to pass, but I want Mr. FESSENDEN. I move that the Sen- || I was not in any seat; but I see no reason a fair expression of the Senate upon it, with ate proceed to the consideration of the fortifi- myself why that subject should not be proceeded all present who see fit to be present. The cation appropriation bill.
with, or if there is a reason, it should be stated question of amending the Constitution is com- Mr. SHERMAN. I hope the Senator from to the Senate. We must conduct our business ing up in a day or two, and we have been told Maine will not press the consideration of that with some kind of order, and when notice is that when it is once up we ought not to depart bill, because I represent, in behalf of the Com- given of a proposition to take up a particular from its consideration until we get through mittee on Finance, a very important bill, which measure of great importance, we ought to know with it. I think, then, that at this time we I should like to bring to the consideration of the reason why it is not done. ought not to take up this bill for action. I the Senate. The bill he now proposes to take Mr. FESSENDEN. I will state to the Sen. think it had better lie on the table as it is, with up is the same one which he proposed to take ator that I gave notice this morning why I could my assurance that, so far as I am concerned, up on Thursday last. There is no necessity not call up that report until Wednesday. at the earliest time when it can be taken up so for pressing it now. Last week he gave notice Mr. SHERMAN. I did not hear it. Then as to get a full expression of the Senate upon of his intention to call up to-day a question in I will state further to the Senate that I show it, it shall be done.
which the whole country feels a great interest, little feeling about this matter, chiefly from Mr. HENDRICKS. With the permission and I did not intend to resist its being taken what occurred here on Thursday. I repre. of the Senate, at the suggestion of gentlemen up. Why not now take up the report of the sented a bill which was ported from the Comaround me I will modify my motion so as to committee on reconstruction, and proceed to mittee on Finance. I had no interest in it. It take up the bill with the view of making it the dispose of it? There is no occasion for pro- was a bill prepared at the Treasury Departspecial order for to-morrow week. I want no ceeding to the consideration of the fortification ment, and came to us in the ordinary course snap judgment, to use the language of the Sen- bill now, and I trust therefore it will not be of business, and was reported by the commitator from Ohio; and I am glad to hear him pressed.
tee without the assent of the chairman. That
bill, standing before the Senate, has just as good haps that he did, from the fact that one evening ator will take pains to inquire a little he will a right to be heard as if it had the assent of here, when a couple of Senators were sick, he || perhaps come to the conclusion that it is hardly the chairman of the committee; and yet, when insisted upon a vote just then, and said he had worth while to press his bill this morning. II endeavored to bring it up on Thursday, he a right to take advantage of their sickness. I made my motion, supposing he would not do | treated it in a very discourteous and improper do not want any snap judgment on this ques- If he would inquire of the Secretary of
It was late in the day, and perhaps tion.
the Treasury, who, I see is present, he would he was fatigned, and I was not disposed to Mr. WADE. I have no objection to having not insist upon his motion now, I think. hold the Senator to a very rigid account; but the bill made the special order for to-morrow Mr. SHIERMAN. I do not act here as the when I read over the debate which occurred week, with the understanding, however, that it agent of the Secretary of the Treasury; I act in the Senate then, it seems to me now that he will be of course superseded at the will of on my own responsibility.
must perceive that the whole of that debate on those having charge of the reconstruction mat- Mr. FESSENDEN. I will give a reason, his part was discourteous, unkind, and unchar. ter, if that should then be under consideration. then, why the Senator's bill should not be taken itable to the committee of which he is a memI have no objection to naming that time, hop- up. I had a resolution in my hand on Friday. || ber. When a bill was reported from that com. ing that the Senate will then be full, and if it which I did not get a chance to offer, calling | mittee by me as representing a majority. I should not be, I can move a postponement.
for some information which I deemed it neces- considered that it had just the same right in Mr. HENDRICKS. If the report of the sary to have before that bill came up. On | the Senate precisely, and should receive the committee of fifteen should be the business presenting it to the Secretary of the Treasury same consideration, as if it had obtained the then before the Senate, of course it would to see if I could get the information, he re- consent of the chairman, and that it was not take precedence of a special order, so that marked to me that he was not quite ready to necessary to have his consent in order to have there can be no difficulty upon that question. afford it, and that he would not advise that it reported. But he announced when the bill
Mr. WADE. Very well, then, I have no that bill be taken up until I could get the in- was reported, much to my surprise, that he objection to that. It is some time ahead, and formation which I required; and on that sug: would not only vote against it and oppose it, I hope we shall be ready then.
gestion I supposed the bill would not be pressed as he had a perfect right to do, but that he Mr. HENDRICKS. 'I should like to have now. I should be unwilling to proceed with it would not allow it to be taken up if he could a further understanding with the Senator from under these circumstances because I am not help it, or words to that effect. When I en. Ohio. I shall go with him, if there is any con- prepared to do so.
deavored to get it up on Thursday he showed siderable portion of the friends of this bill With regard to the bill which I have called a great deal of feeling against it. absent at the time who cannot be here and that up, the fortification bill, I do not know that it I know the Senate will bear me witness that want to vote on it, to postpone it until they can is of great importance that it should be taken in our relations to each other, and in regard be here. If it is the will of this body that Col- up this morning instead of another day, ex- to the business of the Senate, I have generally orado shall come in under the circumstances, cept that I desire, as I said before, to have it deferred to the wishes of the chairman of the I want her to come in. I do not want to pass
my way, because there are other matters Finance Committee; but when he endeavors any bill here because I find some Senators to which I must afterwards give my attention, to set up his opinion and his wish against the absent, and I shall always vote to postpone a and I do not like to be embarrassed with it. order of business reported from the Commitmeasure until there can be a full hearing upon It is a very short matter; and if the Senate tec on Finance, I think he ought to give to the it. Now, if it should so happen at the time will allow it to come up it can be disposed of decision of the committee the same considera. the measure is taken up that there should be in less than half an hour without the slightest tion that the members of the committee usually an absence on the other side of the Senate, I || difficulty in the world. Then my object will give to his motions when he makes them. For shall want to postpone it, and I hope the Sen- have been accomplished ; and if the Senator this reason on Thursday, for the first time, I ator from Ohio will meet me in that sentiment. from Ohio is disposed to ask the Senate to believe, I resisted the taking up of a bill I shall want to pospone it, if it shall be found | take up his bill notwithstanding the fact that I | reported by him; and I did it only because I at the time that there is any considerable num- am not ready, I suppose after he has stated understood his purpose to be to oppose the bill ber of Senators who are opposed to the bill his views, I can secure a postponement if I I reported by direction of the committee; an absent, and I want the same position to be desire it. Although he represents a very im- unreasonable opposition, an opposition that assumed by the Senator from Ohio, in that portant bill from the Committee on Finance, was extraordinary in its character, and urged event, that he assumes in regard to an absence I believe I have the honor of representing an with a good deal of heat. Now, the Senator on his side of the Senate. Then, sir, I modify important bill from the Committee on Finance, states a reason for desiring delay. If he had commy motion so as to make the bill the order of also, which has been before this body, reported, municated it to me I would not have antagonized the day for to-morrow week, and then every- and on the table for several weeks, while his with his bill. He now states that he desires body will know it is coming up.
has been before the body not yet for a single information from the Treasury Department. The PRESIDING OFFICER. The Sena. week, for it was reported, I believe, last Tues. If he really desires that information-and, as tor from Indiana moves to take up the bill day-not a week ago.
a matter of course, what he says is conclusive I did say,
on that point-I do not wish to urge this bill ness it was to report it if he chose to do so; grossed and the bill to be read a third time. against his wish to acquire that information. but he chose, as a matter of courtesy, to pass The bill was read the third time and passed. Alter the fortification bill is disposed of I may it over to the bonorable Senator who had in
FUNDING THE NATIONAL DEBT. desire to call up the bill for the purpose to-mor
troduced it. That is the way it came to be
Mr. SHERMAN. I now move to take row of presenting my views to the Senate on
the the subject, and then if the Senator desires have been reported by me, and been under my
funding bill with a view to have it assigned for delay for the purpose of obtaining information charge as chairman of the committee. That
to-morrow at one o'clock. from the Treasury Department I will not is the simple fact about that. I gave notice in
Mr. FESSENDEN. I will say to the Sen. object. the committee (as I always do when I intend
ator from Ohio that I do not mean to oppose As I stated on a former occasion, the bill in to act in that way) that when the bill came into the taking up of the bill, but it may be that my charge is one of great public importance, the Senate I should oppose it by all means in
after it is taken up to-morrow and he has stated intended to reduce the interest on the public my power; and when it came into the Senate what he wishes to say upon it, I may then desire debt, carrying out perhaps a favorite idea with and was reported apparently with the assent
further time to consider it. me, that we should not in time of peace pre- of all the committee, I stated the same thing.
Mr. SHERMAN. I shall have not the sent to the world the spectacle of paying a I know and understand what effect these finan- slightest objection to the Senator's taking time higher rate of interest on our public securities cial measures have upon the money market
in order to obtain further information and disthan any Christian nation of these times, and always, and that they are made a matter of cuss the proposition. All I desire now is that going into the markets of the world with our trade and speculation; and I for that reason
it may be taken up and made the special order
for to-morrow. bonds at a lower rate for gold than any nation took pains to say that the committee was not of Christendom, I believe. It was to enforce unanimous upon the bill, and that I myself
The motion was agreed to; and the Senate, this view, to save, if I could, this uudue amount was opposed to it. I went no further at that
as in Committee of the Whole, proceeded to of interest, that I presented this bill and urged time.
consider the bill (S. No. 300) to reduce the it on the consideration of the Senate. I will Sir, I have a perfect right to say, and any
rate of interest on the national debt, and for no longer urge it at present, after the declara
funding the same. member of a committee has a right, when he tion of the Senator from Maine that he desires
Mr. SHERMAN. I move that the bill be understands that a bill is reported not with the information; and as the reconstruction ques. | approbation or sanction or pledge of the ma
postponed to and made the special order of tion is postponed until Wednesday, I will not jority of the committee to it, but simply by
the day for to-morrow at one o'clock. now resist the taking up of the fortification bill, || leave of the committee in order that it may be
The motion was agreed to. but I shall ask the indulgence of the Senate to brought into the Senate and presented to the
CHANGE OF NAME OF VESSELS. take up the funding bill to-morrow, so that I Senate, to state that fact. It has been done Mr. MORRILL. I move to take up Senate may be able to present my views upon it. repeatedly, and I had a perfect right to say, as Mr. FESSENDEN. After I had given no
joint resolution No. 52.
the bill, although reported with tice that I would have no further controversy | the consent of a majority of the committee, was
The motion was agreed to ; and the Senate, with him on this subject, it was quite unneces
as in Committee of the Whole, proceeded to con: not reported as the decision of the committee. sary for the Senator from Ohio to repeat what
sider the joint resolution (S. R. No. 52) anthorThe Senator's opinion of the impropriety of izing the Secretary of the Treasury to change he chose to say on Thursday evening, that I that thing he may entertain; but I maintain had conducted in an improper manner with
the name of the steamboat City of Richmond that I had a perfect right to do it and there was reference to this matter. I think, having said
to City of Portland. nothing improper in it, and I should do the The Committee on Commerce reported the that once-and even then I suffered it to pass same again under like circumstances if I chose without reply, although I really felt the remark
joint resolution with an amendment to add the to do it. That is all there is of that. somewhat-it was rather unnecessary that he
following: When the Senator remarked that he should
And also the owner of the schooner Lucinda Van should have taken pains to repeat it this morn
bring his hill up, and when he antagonized that Valkenburg to Camden. ing. Now, sir, it so happens, I believe--I must to mine, I said, it is true, that I was opposed say it, although I do not like to talk about my. to taking up his bill, not only for the reason
Mr. WILSON. I desire to hear why these self--that I am the only man in this Senate who
that I wished another to come up, but for the changes are proposed. It seems to me to be never is suffered to get in the slightest degree reason that I was opposed to it and hoped it
very injurious to change the names of vessels excited without having somebody in the Senate would not come up at all; but I meant by that
unless there is a positive necessity for it. and somebody out of the Senate make remarks
Great wrongs have been perpetrated in this to express nothing more than I had said before; upon it. [Laughter.] If I allow my voice to and that was, that I was opposed to his bill.
way. rise above its ordinary pitch it is remarked that The Senator, however, chose to understand
Mr. MORRILL. The practice is quite uniI am under excitement, and the newspapers that as an indication that I meant to try every
form. There is never any difficulty or danger seem to think it a very considerable thing. parliamentary method to prevent action on his
in this class of cases, provided proper caution
is exercised. I know there have been instances, Elamglatera diverselle six. Knowledge be at brillo. That was an intention which did not exist as the Senator from Massachusetts supposes, amiable man and an excellent-tempered man meant merely to state that I was opposed to it
where vessels that had a bad reputation have that when I doget excited it is worthy of remark, and hoped it would not come up. I remain of
had their names changed. That is always inwhich is not true of any other member of the the same opinion still. Undoubtedly the Sen
jurious, and the committee, in no instance Senate, because they may have all sorts of fights | ate will take it up in its own good time, and then
that I know of, of late, have reported a bill here and it does not scem to amount to any. we shall have action upon it. I have no feeling
upon such a state of facts. The facts in this thing; nobody says anything about it; it seeing about it, not the slightest in the world; but
case are these: this steamer City of Richto be treated as a matter of course. My friend burdened as I am with business, and in fact
mond is a new steamer, eighteen months old, from Maryland [Mr. Johnson) may get into a unfit to do any business at all, and having | who are running her now between Portland,
I think, and has been purchased by a company heat and it is treated as a matter of course, and staring me in the face in the course of a few nothing is said about it. So with my friend from days the tax bill, which I'must take the prin: || have a fancy that it would suit their conyen
in the State of Maine, and St. John. They Iowa, (Mr. Grimes,) and my friend from Mas- | cipal charge of, if I am able to do so, or pass
it sachusetts, [Mr. SUMNER,) and everybody else. over to the honorable Senator from Ohio, and
ience better to bave her name changed to [Laughter.] But, sir, let that pass. the reconstruction business, I did wish to clear
City of Portland. There is no public neces. I did feel somewhat annoyed about the the table of these little matters which ought to
sity for it, of course, as there is not in any of charge that was made, coming from a member go to the House of Representatives. Now, sir,
these cases, but the facts are such in this case of the committee, and the gentleman who is I do not feel that I am under any special respon
that noinjurious effect whatever can come of it. second on the committee. I was annoyed that sibility for the business of the Senate: but, so
Mr. WILSON. That is all I want to know. he took pains to express his opinion that my
The amendment was agreed to. far as I am, I hope the Senate will indulge me course of conduct in regard to this matter was in all reasonable requests.
Mr. MORRILL. While I am up I will ex. improper; and I really felt hurt this morning
It is to change the that he should have taken pains to repeat it.
The PRESIDING OFFICER. The question | plain that amendment. is on the motion of the Senator from Maine.
name of a schooner on Lake Ontario, I think. Mr. SHERMAN. I felt it, and therefore I
The motion was agreed to ; and the Senate,
It is a very small matter any way. I have here said it. as in Committee of the Whole, proceeded to
a note addressed to the Senator from New Mr. FESSENDEN. The Senator had exconsider the bill (H. R. No. 255) making appro
York, [Mr. Morgan,) in which the party depressed his feelings once, and I think that after priations for the construction, preservation, and
sires the name of this vessel changed, siinply three nights sleep he might have got over that repairs of certain fortifications and other works
as a matter of convenience, because her pres. annoyance sufficiently to bave held his tongue ou a subject on which he had already once of defense, for the year ending June 30, 1867.
ent name is an unconscionably long one and The bill was read.
a hard name to spell. The facts in this case spoken. I think he must have been a little
The Committee on Finance reported one
are not unlike those in the case of the City of excited, although he does not show it so much amendment to the bill; which was on page 2,
Richmond. She is a new vessel. in the tones of his voice. after line eighteen to insert:
Mr. GRIMES. Is she a British vessel? Now, sir, allow me to say, that the honorable
Mr. MORRILL. Oh, no; she is an Ameri. Senator reported his bill by order of the ma
For Fort Popham, Kennebec river, Maine, $50,000.
can-built vessel. jority of the committee, uot a particular order
The amendment was agreed to.
Mr. GRIMES. Both of them? that he sliould report it, but after the vote was The bill was reported to the Senate as Mr. MORRILL. They are both Americantaken, that it should be reported by the consent || amended, and the amendment was concurred built and both new vessels. of the chairman of the committee, whose busi- in. The amendment was ordered to be en: The joint resolution was reported to the Senate as amended, and the amendment was Mr. MORRILL. That bill involves a con- hope that the Senate will negative this amend. concurred in. Thejoint resolution was ordered stitutional question. I hope the Senator will ment. This seventh section authorizes the to be engrossed for a third reading, was read allow me to-day to clear the Calendar of mat- company to borrow money on mortgage of the third time, and passed.
ters pertaining to the District of Columbia. I the franchise and capital stock. The commit.
have here half a dozen very small measures tee, as a general statement, were rather opposed MINERAL-WATER BOTTLES.
that I have been waiting some time to get an to the principle. I did not suppose it was of Mr. MORRILL. I now more that the Sen
opportunity to pass, and if I do not get to-day very much importance anyway, but those who ate proceed to the consideration of Senate bill
I am sure I shall not get a day this fortnight. are interested in the enterprise have called No. 265. The motion was agreed to; and the Senate: subserved by passing these practical measures I think the public interests will be much better upon us to say that they deem this section very
important to the success of the academy. On as in Committee of the Whole, proceeded to
than by going into the discussion of an abstract the whole, as I suppose no possible injury can consider the bill (S. No. 265) to protect the
constitutional question to-day. I wish to dis- result from it, I am rather inclined to bope manufacturers of mineral waters in the District of Columbia, and for other purposes. It
pose of these bills now, and it is possible that that the Senate will allow the Academy of
we can pass the Senator's bill afterward. Music to have their own way on that subject. provides that all manufacturers and venders of
These bills are small matters which will take The amendment was rejected. mineral waters and other beverages in bottles, no great time anyway.
The bill was reported to the Senate without upon which their names or their mark or mark's
Mr. SUMNER. I do not like a remark that amendment, ordered to a third reading, read shall be respectively impressed, may file with the Senator has just made.
the third time, and passed. the clerk of the supreme court of the District Mr. MORRILL. I will withdraw it, then,
PERSONAL EXPLANATION. of Columbia description of such bottles and
for the sake of conciliation. I do not know of the name or marks thereon, and cause the
Mr. WILSON. Some days ago, in debate, what it was. same to be published for not less than two
I alluded to Lieutenant Colonel McKelvy,
Mr. SUMNER. He speaks of a certain bill weeks successively in a daily or weekly news- that has already passed the House of Repre- || I stated that he had been tried by a court-mar;
nominatedas marshalfor western Pennsylvania. paper published in the District of Columbia.
sentatives twice, and been on the point of passIt is to be unlawful for any person or persons
tial and ordered to be dismissed, and would hereafter, without the permission of the owner
ing the Senate, I do not know how many times,
have been dismissed the service and imprisoned or owners, to fill with mineral waters or other
and superhuman exertions of my excellent beverages any such bottles so marked, or to
I received a communication from a gentleman friend, as an abstraction. I believe the bill sell, dispose of, or to buy, or to traffic in any
of character and standing making that statesuch bottles só marked and not bought by that I wish to have proceeded with is a practi
ment, stating that he would have been not only him or her of such owner or owners; and cal measure; that there is nothing abstract in
dismissed the service, as he was ordered to be it. It is to meet and cope with the railroad every person so offending is to be liable to a
by a court-martial, but would have been impenalty of fifty cents for every bottle so filled, I nonopoly in New Jersey. But if I can have or sold, or used, or disposed of, or bought, or the Senator's favor hereafter on another oc
prisoned had it not been for the interference
of General Moorhead, of his district. I have casion trafficked in, for the first offense; and of five
Mr. MORRILL. I will favor the honorable
since had placed in my hands a copy of the dollars for every subsequent offense, to be
record of the trial, and I rise simply to say that recovered as other fines in the District of
Senator with all I have to say on that bill the Columbia. first time he gets it up, if he will allow me this
on examining the papers, they do not justify the
statement made to me and which I repeated to The Committee on the District of Columbia indulgence to-day, which will not be much.
the Senate. I have no disposition certainly to
Mr. SUMNER. Then I hope the Senator reported the bill with two amendments. The
do him the least injustice in the world, and I first amendment was in section one, line four,
will bear in mind that one good turn deserves after the word " beverages" to insert “ by law proceeding, with his measures to-day, he will another, and if ! make no opposition to his
therefore make this explanation.
METROPOLITAN MINING COMPANY. allowable ;" so that it will read :
be very indulgent to this measure which has Mr. MORRILL. I now more the Senate That all manufacturers and venders of mineral waters and other beverages by law allowable in bot
the sanction of the House of Representatives, to take up for consideration Senate bill No. tles, &c.
and bas come here for the sanction of the 178. The amendment was agreed to. Senate.
The motion was agreed to; and the Senate, The next amendment was to strike out the
Mr. MORRILL. The honorable Senator as in Committee of the Whole, proceeded to third section of the bill in the following words:
does not require me to state my opposition consider the bill (S. No. 178) to incorporate
until I accept that compromise. SEC. 3. And be it further enacted, That the fact of
the Metropolitan Mining and Manufacturing any person other than the rightful owner thereof
Mr. SUMNER. Under these circumstances Company. It authorizes John Ford, George using any such bottles for the sale therein of any I withdraw my motion.
D. Williams, Thomas W. Hyde, Oliver Ed. beverage shall be prima facie proof of the unlawful use or purchase of such bottles as aforesaid, and any ACADEMY OF MUSIC OF WASIIINGTON.
wards, Charles H. Herd, Samuel A. Fulton, owner or owners, or agent of such owner or owners, Mr. MORRILL. I ask the Senate to pro
Charles Otis, Charles A. Ecleston, George W. who shall make oath or affirmation before any justico of the peace that he has reason to believe, and ceed to the consideration of House bill No.
Holmes, Joseph E. Hollis, John F. Broddoes believe, that any of his botties, stamped and
head, and Lewis P. Moody, or any five of them, 510. registered as aforesaid, are being unlawfully used or are concealed by any person or persons selling or
The motion was agreed to; and the Senate,
to receive subscriptions to the capital stock of manufacturing mineral waters or other beverages, as in Committee of the Whole, proceeded to
a company to be denominated the Metropolithat the said justice of the peace shall thereupon consider the bill (H. R. No. 510) to incorpo
Mining and Manufacturing Company. The issue a .process, (in the nature of a search-warrant) directed to any policeman, commanding him to search rate the Academy of Music of Washington city.
capital stock of the company is to consist of the premises, wagons, carts, or other places of the It authorizes Max Strakosch, William G. Pope,
twenty thousand shares of $100 each. offender or offenders where said bottles are alleged Max Maretzek, W. G. Metzerott, Joseph J.
The president and directors are be author. to be, and if upon such search any bottles so marked shall be found, to bring the same, together with the May, B. F. Isherwood, John G. Clark, IIenry
ized, on behalf of the company, to purchase person or persons in whose possession they may bo C. Sherman, Carl Bergman, and F. C. Adams,
and hold by deed for a term certaiu or in fee. found, before said justico of tho peice, there to be or any five of them, to receive subscriptions to
simple, lands and other real estate, and to carry dealt with according to the provisions of this act.
on the business of mining for iron ore and The amendment was agreed to.
the capital stock of a company to be denomi-
other native minerals, and manufacturing and The bill was reported to the Senate as District of Columbia, which company is to
preparing the same for market; and to issue amended, and the amendments were concurred have the usual powers and privileges of a
bonds not exceeding one half of the capital in. The bill was ordered to be engrossed for a corporation. The capital stock is to consist
stock, upon such terms as may be deemed for third reading, was read the third time, and of ten thousand shares at fifty dollars a share.
the best interests of the company; but no bond
is to be issued for a less sum than $100, or The president and directors are to be authorMr. JOHNSON subsequently entered a ized, on behalf of the company, to purchase
bearing interst at a rate exceeding six per cent. motion to reconsider the vote by which the and hold in tee-simple, or lease for a term of
per annum. bill was passed.
The Committee on the Distriet of Columbia years, real estate in the city of Washington sufORDER OF BUSINESS. ficient to enable them to erect thereon a build
reported the bill with an amendment, in sec
tion one, line nine, after the words - MetroMr. SUMNER. I now move that the Sen
ing suitable for operatic, dramatic, and other ate proceed to the consideration of House bill entertainments, in such manner, and upon such
politan Mining and Manufacturing Company''
to insert of the District of Columbia.' No. 11.
terms, as may be by them deemed for the best Mr. MORRILL.
The amendment was agreed to.
interests of the company. what that bill is.
The Committee on the District of Columbia
Mr. GRIMES. I will inquire of the chair
man of the Committee on the District of Colum. Mr. SUMNER. It is a very well-known reported the bill with an amendment to strike
bia where this company is to do its mining; bill. out the seventh section of the bill, in the fol
Mr. MORRILL. The Senator will see that The PRESIDING OFFICER. The Senalowing words:
I propose to confine the company to the Distor from Massachusetts moves to take up the
Sec. 7. And be it further enacted, That the said com
trict of Columbia. They will have no power bill (H. R. No. 11) to facilitate commercial,
pany are hereby authorized to borrow money to an
outside of the District. portal, and military communication among the to be issued by said company, secured upon their Mr. GRIMES. I ask for the reading of the several States. property and franchises: Provided. That no bond
amendment again. shall be issued for a less sum than $100, and bearing Mr. MORRILL. I hope that will not be a greater rate of interest than seven per cent. per The Secretary again read it. Mr. SUMNER. Let us dispose of it to-day.
Mr. GRIMES. "I do not understand that Mr. MORRILL. I am rather inclined to that limits the power of the company to trans
act its business entirely within the District of Mr. GRIMES. But the entire property of thorized, on behalf of said company, to purchaso Columbia. That is inerely fixing the name those railroad companies is in my State; their
and hold by deed for a term certain or in fec-simple. of the company. This corporation has very entire business is done there, with the single
lands and other real estate, and to carry on the busi
ness of mining for iron ore and other native minerlarge powers. As the bill now stands, it seems exception that the treasurer's office is kept als, and manufacturing and preparing the same for to me they can transact their business anywhere elsewhere; and they are incorporated under inarket. in the world.
That seems to be the full scope of the bill. Mr. POJEROY. I do not know that there Mr. POMEROY. The meetings of the stock
There is another section which touches on the is any law against a company incorporated in holders must be held within the jurisdiction of question of anthority, and I believe that is all the District going wherever any State has a the authority making the corporation, but the there is, and that is the fifth section: mind to let them go. I do not know anything directors' meetings are not held there at all. Sec. 5. And be it further enacted, That the president
and directors for the time being shall have power to about this company. I never paid any atten- Take, for instance, the Hannibal and St. Jo
ordain, establish, and put in execution such rules, tion to it until this moment. I know that one seph railroad, in the State of Missouri. They regulations, ordinances, and by-laws as they may State, the State of Iowa, for instance, will have never had a directors' meeting there, but deem essential for the well-government of the instimake a corporation, and that corporation will the stockholders' meetings are always held
tution, not contrary to the laws and Constitution of
the United States or of this act, and generally to do do its business in New York. My State, and there.
and perform all acts, matters, and things which a all the States, will incorporate a company, and Mr. HENDRICKS. I think the Senator corporation may or can lawfully do. the first we know of the company their oflice from Kansas is mistaken upon the law of this So that the question of power would seem to is in New York or Boston, and they are doing question. After very great argument, and in be about this: these persons are associated as a business there. Now, I do not know but that a very important cause, it has been decided in body politic and corporate, with the privilege Congress has as much right as a State in this the State of Indiana that a corporation has a to use a common seal, and with the great privi. respect. Of course Congress cannot incor: life only in the State that creates it by her lege of being sued and to sue. Then they are porate, or at least ought not to incorporate, a laws, and can exercise its franchises by its to have the right as a body.corporate, an articompany to allow it to do business in a State board of directors only in that State. I think ficial person, to purchase and receive the title against the laws of that State; but if it is in in 1 Black the same doctrine is incidentally to real estate for the purposes of carrying on harmony with the laws of the State, I do not decided by the Supreme Court of the United the business of mining and manufacturing know that that is an objection which ought to States in regard to the Ohio and Mississippi Mr. GRIMES. Where are they to do that? defeat the bill. I couless, in regard to this | Railroad Company. I do not think the board Mr. MORRILL. Wherever they can make company, I cannot conceive what business they of directors can hold a meeting outside of the the bargain. They are an artificial person, are going to do in the District; but then I am State in which the company is incorporated and being so, there is no limitation that Í not posted as to that. I never heard of it unless that State and the other State both con- know of either in the Constitution of the Uni. before. But the simple provision that they cur in the proposition that they may do so. ted States, or any of the States, that they shall may do business ontside of the District is only Mr. POÑEROY. The point I was making not be at liberty to make the bargain. There giving to a corporation of the District the same is a matter of almost every-day occurrence. is nothing more common than for persons power given to the corporations of every State, There is hardly a week that the directors of associated into a corporation, and thereby because there is no State in the Union which corporations created by the laws of Missouri becoming artificial persons, to have the right does not create corporations that carry on their and lowa and Kansas do not meet in New York to trade, the right to make bargains, the right business outside of the State. Of course they or Boston to do the business. It a matter to sue in any of the courts of the States, the have to do it in accordance with the laws of which occurs constantly; and it is because the right to carry on business. Why not? Is that the State where they live, and in harmony with capitalists are there.
against the policy of the law in any particular those laws, not against them. So with this Vir. GRIMES. What does that prove? They whatever? Is there any State or national law company;
that is opposed to the policy of two persons United States.
Mr. POMEROY. They have the functions associating themselves together as an artificial Mr. GRIMES. I think the Senator is mis- of the corporation.
person and doing what is perfectly legitimate taken in point of fact. I think there are a Mr. GRIMES. They are the mere agents and lawful to be done by contract in those great many States that refuse to incorporate of the corporation, and have no more authority States? That is this bill and nothing more. companies to go beyond the State to transact than the president of the road has, when he Mr. CLARK rose. business. I do not believe that the State of goes to buy iron or anything else.
Mr. MORRILL. Before the Senator gets which I am a citizen ever has, or ever will, Mr. POMEROY. All the authorities of the up to criticise I want to anticipate a difficulty consent to charter a corporation whose whole corporation are exercised for the time being by which I am afraid he saw and which I did not business shall be transacted beyond its juris- the board of directors.
see until I read it just now, and that is in the diction. It is not good faith to the other Mr. GRIMES. Only such as are delegated fifth section, giving to the directors authority States. One State refuses to grant to certain to them.
to make "by-laws not inconsistent with the persons a franchise, and then they go over the Mr. POMEROY. The directors always laws of the United States." I think that might State line, and there, by some locus pocus in have delegated authority. They are chosen be obnoxious to the criticism of my friend from legislation, secure a franchise from another in the first instance by the stockholders in the Iowa, that they might claim to do some things State and then come back into the State that State; but, after having been chosen by the by virtue of this authority which would not be has already refused the franchise and do busi- stockholders in the State, they have, during permitted in the States. I move, therefore, to ness there. I do not know anything about this the time they are in office, the entire control amend the fifth section by inserting, after the company.
I understand the Senator from of the franchise. The only point I wished to words " United States," in the sixth line, the Maine proposes to amend the bill so as to make in this connection was-I know nothing words, “or of any State," so that the authority limit it, but it may be possible-I do not sup: about this company—that if a State could to be exercised under this bill shall always be pose it is in this instance-that these identical make such a corporation, why could not the in submission to the laws of the States. men endeavored to obtain a charter, for in- General Government do it. The State of New Mr. HENDRICKS. I think this is rather a stance, in Pennsylvania or Nevada, and were York has a general law, under which corpora: grave matter, in view of tbe fact that this correfused, and now they come here to the na- tions are constantly being organized to go
all poration cannot exercise any of its functions tional Government and ask us to give them over the country. You find companies incor- or franchises in this District. There is no just such a charter as has been refused by those porated under the general incorporation act of mining to be done here. Now, I wish to ask local Legislatures, and then go into Pennsyl: | the State of New York doing business in every the Senator whether, under the clause of the vania or Nevada and transact the very kind of State of the Union. It is a matter of constant Constitution which confers upon Congress the business which the authorities of those States occurrence that parties who have franchises power of exclusive legislation over the District refused to bestow upon them the authority to from the States have their offices and do their of Columbia, it is proper for us to pass a bill do. Suppose we grant this charter and the business wherever they find it for their interest creating a corporation when we know that that State of Nevada or the State of Pennsylvania to do it, even outside of the State that created corporation is not for the District of Columbia, denies them the privilege of exercising their their corporation, but their directors are all when we know that it is not to transact busifranchise ; do you not suppose they will insist chosen inside the State, and the stockholders' ness in the District of Columbia, but with a upon exercising it under this law? They will meetings are always held there.
view to mining somewhere else. Is that within insist that here is the imperial Legislature of Mr. MORRILL. I will explain this bill as the spirit of the provision of the Constitution the country that has granted them the fran
I understand it. In the first place it associates conferring upon Congress the power to legischise, and that that franchise overrides all State certain gentlemen together as a body politic
late for this District? It does not seem to me authorities on the subject.
and corporate, and declares that "it shall be to be within the spirit of that provision. Mr. POMEROY. The Senator from Iowa lawful for the said corporation to have a com
Mr. CLARK. I was going to call the atten. did not entirely comprehend the point I made. mon seal, sue and be sued, plead and be im
tion of the Senator from Maine to much the I did not say that the State of Iowa and the other || pleaded, and have and exercise all the rights,
same consideration that has been presented by States inserted in the act of incorporation itself privileges, and immunities for the purpose of
the Senator from Indiana; and that is the ques. a provision that they might go anywhere, but the eorporation hereby created." The rest of tion whether there are any persons as proposed they go without such a provision. The Sen- the sections, down to the section giving certain in this corporation who contemplate undertakator will be reminded that some railroad com
power, are taken up with the organization of ing the business of manufacturing within this panies of his State have their offices and do
the company. The sixth section, which bears District. If there be an association of gentletheir business in New York. The same remark on this question of authority, reads as follows:
men who desire to manufacture or to mine here. is true of my State and of all the western
Sec. 6. And be it further enacted, That the president
and who think it necessary to have an act of States. There is nothing in the charter about it. and directors are hereby empowored and fully au- incorporation to enable them to do so success