« PoprzedniaDalej »
feited, or resembled, the impression, or any part of the impression, of any such stamp, dio, plate, or other instrument, as aforesaid, upon any vellum, parchment, or paper, or shall stamp or mark, or cause or procure to be stamped or marked, any vellum, parchment, or paper, with any such forged or counterfeited stamp, die, plate, or other instrument, or part of any stamp, die, plate, or other instrument, as aforesaid, with intent to defraud the United States of any of the duties hereby imposed, or any part thereof; or if any person shall utter, or sell, or expose to sale any vellum, parchmont, paper, article, or thing, having thereupon the impression of any such counterfeited stamp, die, plate, or other instrument, or any part of any stamp, dic, plate, or other instrument, or any such forged, counterfeited, or resembled impression, or part of impression, as aforesaid, knowing the same respectively to be forged, counterfeited, or rosembled; or if any person shall knowingly uso any stamp, die, plato, or other instrument, which shall have been so provided, made, or used, as aforesaid, with intent to defraud the United States; or if any person shall fraudulently cut, tear, or remove, or cause' or procure to be cut, torn, or removed, tho impression of any stamp, die, plate, or other instrument, which shall have been provided, made, or used in pursuance of this act, from any vellum, parchment, or paper, or instrument or writing charged or chargeable with any of the duties hereby imposed; or if any person shall fraudulently use, join, fix, or place, or cause to be used, joined, fixed, or placed, to, with, or upon any vellum, parchment, paper, or any instrument or writing charged or chargeable with any of tho duties hereby imposed, any adhesivo, stamp, die, plate, or other instrument, which shall have been provided, made, or used in pursuance of this act, and which shall have been cut, torn, or removed from any other vellum, parchment, or paper, or any instrument or writing charged or chargeable with any of the duties hereby imposed; or if any person shall willfully remove or cause to be removed, alter or cause to be altered, the canceling or defacing marks on any adhesive stamp, with intent to use the same or causo the use of the same after it shall have been once used, orshall knowingly or willfully sell or buy such washed or restored stamps, or offer the same for sale, or give or expose the same to any person for uso, or knowingly use the same, or propare the same with intent for the further.uso thereof; or if any person shall knowingly and without lawful excuso (the proof whereof shall lie on tho person accused) have in his possession any washed, restored, or altered stamps, which have been removed from any vellum, parchinent, paper, instrument, or writing, then, and in every such case, every person so offending, and every person knowingly and willfully aiding, abetting, or assisting in committing any such offense as aforesaid, shall be deemed guilty of felony, and shall, on conviction thereof, forfoit the said counterfeit stamps and the articles upon which they are placed, and be punished by fine not exceeding $1.000, or by imprisonment and confinement to hard labor not exceeding five years, or both, at the discretion of the court.
Mr. GARFIELD. I move the following verbal amendment in line twenty-seven hundred and thirty-seven: strike out debts" and insert “ taxes ;' and the same amendment in lines twenty-seven hundred and fifty-four and twenty-seven hundred and sixty-four.
The amendments were severally agreed to.
Mr. MORRILL. I move the following amendments :
In linetwenty-seven hundred and forty-four strike out the word "respectively;" in line twenty-seven hundred and fifty-nine, after the word stamp, insert or impression of any stamp;" in line twentyseven hundred and sixty-seven, before the word cause,” insert
to;', and in line twenty-seven hundred and fifty-eight strike out "debts” and insert“ taxes."
The amendments were severally agreed to.
Mr. MORRILL. I move the following, to come in at the proper place:
After line twenty-six hundred and ninety-three insert the following:
That section one hundred and forty-seven be amended by striking out all after the enacting clause and inserting in lieu thereof the following: that any person liable to pay duty in respect to any succession shall givo notice to the assessor or assistant assessor of his liability to such duty within thirty days from the time when he shall become entitled in possession to such succession, or to the receipt of the income and profits thereof; and shall at the same time deliver to the assessor or assistant assessor a full and truo account of said succession, for the duty whorcon he shall be accountable, and of the value of the real estate involved, and of the deductions claimed by him, together with the names of the successor and predecessor, and their relation to each other, and all such other particulars as shall he necessary or proper for enabling the assessor or assistant assessor to fully and correctly to ascertain the duties due; and the assessor or assistant assessor, if satisfied with such account and estimate as originally delivered, or with any amendnients that may be made therein upon his requisition, may assess the succession duty on the footing of such account and estinate; but it shall be lawful for the assessor or assistant assessor, if dissatisfied with such account, or if no account and estimate shall be delivered to him, to assess the duty on the best information he can obtain, subject to appeal as hereinafter provided; and if the duty so assessed shall exceed the duty assessible according to the return made to the assessor
or assistant assessor, and with which he shall have Mr. WILSON, of Iowa. It seems to me if
this is to have any effect at all it is to destroy
paragraph provides where the instrument has in addition to such duty; and if there shall be an been unstamped the record of it shall be utappeal against such last-mentioned assessment, then terly void and shall not be used in evidence. the payment of such exponses shall be in the discre- || If å party examines the record and finds it
That section one hundred and forty-eight be unstamped the unstamped deed so recorded is amended by striking out all after the enacting no notice to another subsequent purchaser. clause and inserting in lieu thereof the following:
If it is the intention of the committee to go that if any person required to give any such notice or deliver such account, as aforesaid, shall willfully back and make this unstamped copy a correct neglect to do so within the time required by law, he record which we have already declared shall shall be liable to pay to the United States a sum equal to ten per cent. upon the amount of duty pay
be utterly void and of no effect, then the ablo by him; and if any person liable under this act amendment is proper. If that is not the intento pay any duty in respect of his succession shall, tion then it is an improper one. after such duty shall have been finally ascertained, willfully neglect to do so within ten days after being
Mr. ALLISON. Undoubtedly the statement notified, he shall also be liable to pay to the United
my colleague is true. I think it is proper States a sum equal to ten per cent, upon the amount that we should go back and amend the paraof
duty so unpaid, at the same time and in the same manner as the duty to be collected.
graph to which he alludes. But I hope he will The amendment was agreed to.
allow this amendment to pass. Of course if
this paragraph is amended that will be also. Mr. WRIGHT. I move to insert in line
Mr. WILSON, of Iowa. Would it not be twenty-seven hundred and twenty-seven these
well for the committee to provide some amendwords: “the stamp or frank of any member of
ment which will protect an innocent purchaser Congress or head of any bureau.”
who has taken a title to lands when there inay The amendment was rejected.
be an outstanding unstamped title--no stamp Mr. WILSON, of. Iowa. I move in line whatever upon the record? By sending in a twenty-seven hundred and forty-six after the copy of the record and having it stamped the word - used” to insert " or framed to be used." holder of the outstanding title may deprive the The amendment was agreed to.
innocent purchaser of his title. Mr. HALE. I ask unanimous consent that Mr. ALLISON. I will withdraw my amendthe paragraph commencing with line twenty
ment if the committee will consent that this six hundred and ninety-nine be reserved for paragraph shall be considered in connection amendment hereafter.
with the paragraph just passed over.
Mr. GARFIELD. I move to amend the Thatsection one hundred and fifty-eight heamendod | paragraph by striking out the word “duty" by striking out all after the enacting clause and in
wherever it occurs and inserting "tax" in serting in lieu thereof tho following: that any per
lieu thereof. son or persons who shall make, sign, or issue, or who The amendment was agreed to. shall cause to be made, signed, or issued, any instrument, document, or paper of any kind or description Mr. MORRILL. Out of charity to the rewhatsoever, or shall accept, negotiate, or pay, or cause porters, I move that the committee do now to be accepted, negotiated, or paid, any bill of ex
rise. change, draft, or order or promissory note for the payment of money, withont the same being duly The motion was agreed to. stamped or having thereupon an adhesive stamp for So the committee rose; and the Speaker denoting the duty chargeable thereon, and canceled in the manner required by law, with intent to ovado
having resumed the chair, Mr. Dawes reported the provisions of this act, shall, for every such offence,
that the Committee of the Whole on the state forfeit the sum of fifty dollars, and such instrument, of the Union had had under consideration the document, or paper, bill, draft, order, or noto shall be deemed invalid and of no effect: Provided, That
Union generally, and particularly the special the title of a purchaser of land by deed duly stamped order, being bill of the House No. 513, to shall not be defeated or affected by tho want of a amend an act entitled "An act to provide proper stamp on any deed conveying said land by any person from, through, or under whom hisgrantor
internal revenue to support the Government, claims or holds title: And provided further, That to pay interest on the public debt, and for hereafter, in all cases where the party has not affixed
other purposes," approved June 30, 1864, and to any instrumont the stamp required by law thereon, at tho time of making or issuing the said instrument,
acts amendatory thereof, and had come to no and he or they, or any party having an interest resolution thereon. therein, shall be subsequently desirous of affixing And then, on motion of Mr. WRIGHT, (at such stamp to said instrument, he or they shall appear before the collector of the revenue of the proper
a quarter past ten o'clock p. m.,) the House district, who shall, upon the payment of the price of adjourned. the proper stamp required by law, and of a penalty of fifty dollars, and where the whole amount of the duty dcnoted by the stamp required shall exceed the
PETITIONS, ETC. sum of fifty dollars, on payment also of interest at The following petitions, &c., were presented under the rato of six per cent. on said duty from the day on the rule and referred to the appropriate committees: which such stamp ought to have been aflixed, affix By Mr. BANKS: The memorial of James Jetlow, the proper stamp to such instrument and note upon of Massachusetts, contractor for construction of gunthe margin of said instrument the dateof hisso doing, boats, for relief on account of losses sustained by and the fact that such penalty has been paid; and such
reason of the high prices of labor and materials in instrument shall thereupon be deemed and held to be
the satisfactory completion of his engagements with as valid, to allintents and purposes, asif stamped when the Government. made or issued: And provided further, That where it By Mr. ECKLEY: The petition of Jacob Harbough, shall appear to said collector, upon oath or otherwise, and 146 others, wool-growers of Columbiana county, to his satisfaction that any such instrument bas not Ohio, asking increased duty on wool and an increaso been duly stamped at the time of making orissuing the of tariff on imports. same, by reason of accident, mistake, inadvertence, By Mr. MARVIN: The petition of Obed Blowor urgent necessity, and without any willful design ers, for payment of bounty due his son Samuel F. to defraud the United States of the stamp duty, or Blowers, who was accidentally killed before his to evade or delay the payment thereof, then, and in muster into the United States service. such case, if such instrument shall, within twelve
By Mr. ORTH: The petition from citizens of La calendar months after the passage of this act, or Fayette, Indiana, on the subject of insuranco. within twelve calendar months after the making or By Mr. RITTER; The petition of Mrs. Nancy issuing thereof, be brought to the said collector of Hinton, whose husband was killed while fighting for revenue to be stamped, and the stamp duty charge
the country, asking for a pension. able thereon shall be paid, it shall be lawful for the Also, the petition of Mrs. Martha Stoat, whoso said collector to remit the penalty aforesaid, and to husband was killed while fighting for the country, cause such instrument to be duly stamped.
asking for a pension. Mr. MORRILL. I move in line twenty
By Mr. WOODBRIDGE: The petition of Z. Near
ing, and 87 others, citizens of Brandon, Rutland eight hundred, after the word "note," to county, Vermont, praying for an additional duty on insert " not being stamped according to law.” foreign wool. The amendment was agreed to.
Also, the petition of J. Stowe, and 36 others, citi
zens of Weybridge, Addison county. Vermont, prayMr. ALLISON. I move in line twenty:
ing for an increased protection on foreign wool. eight hundred and thirty-one, after the word
Also, the petition of C. A. Paddock, and 25 others,
citizens of Pownal, Bennington county, Vermont, 'instrument,'' to insert "or, if lost, a copy praying for an auditional tariff on foreign wool. thereof duly certified by the officer having Also, the petition of Samuel Evarts, and 42 others, charge of the real estate records in the proper
citizens of Cornwall, Addison county, Vermont,
praying for an additional tariff on foreign wool. town or county."
Also, the petition of Hon. Barnes Frisbic, and
NOTICE OF A BILL.
othors, citizens of Poultney,Rutland county, Vermont, drafts to China; which was referred to the resolution so as to apply to all of these banks. praying for an increased duty on foreign wool. Committee on Commerce.
I am very glad that he has called the attention Also, the petition of C. F. Sweet, and 42 others, citizens of Benson, Rutland county, Vermont, pray
of the Senate and of the country to this subject.
REPORTS OF COMMITTEES. ing for an increased duty on foreign wool.
Some weeks ago lintroduced a resolution directBy Mr. WRIGIIT: The memorial of Messrs. Smith Mr. LANE, of Indiana, from the Commit- ing the Committee on Finance to inquire and & Brother, of Newark, New Jersey, in regard to the
tee on Pensions, to whom was referred the manufacture of pearl buttons and mother of pearl.
report to the Senate as to the propriety of repetition of Benjamin Franklin, .a private in quiring by law that all public moneys in cities or company H, second Minnesota volunteers,
in the vicinity of cities where there is a subpraying for a pension, submitted a report
Treasury should be deposited in the sub-TreasBy Mr. SPALDING: A bill for the relief of Lieu- accompanied by a bill (S. No. 339) granting a ury, and in the city of Washington in the Treastenant Colonel Frank Lynch, of the twenty-seventh | pension to Benjamin Franklin. The bill was Ohio volunteer infantry.
ury of the United States. I supposed the read and passed to a second reading, and the Committee on Finance had that subject under report was ordered to be printed.
consideration, but I have not heard anything IN SENATE.
from it. I do not know much about this subTHURSDAY, May 24, 1866. On motion of Mr. WILLEY, it was
ject of deposits, except from general rumor
and newspaper reports. If there be any accuPrayer by the Chaplain, Rev. E. H. GRAY. Ordered, That the joint resolution (H. R. No. 24) The Journal of yesterday was read and for the relief of Lucretia M. Perry, widow of the late
racy in the statements we see published, it seems Nathaniel H. Perry, United States Navy, be recom- to me this is a crying evil that should be remeapproved. mitted to the Committee on Naval Affairs.
died at once, and I trust that something will be HOMESTEADS IN SOUTHERN LAND STATES.
DEPOSITS IN NATIONAL BANKS,
done to save the Government from any further The PRESIDENT pro tempore appointed Mr. WILSON. I submit this resolution,
such losses as have occurred by the disastrous as the committee of conference on the part of and ask for its present consideration:
failure of the Merchant's Bank of Washington. the Senate on the disagreeing votes of the two Resolved, That the Committee on Finance be in
It seems to me, if the present system shall be Houses on the bill (H. R. No. 85) for the dis- structed to inquire into and report upon the condi
continued, we are liable to just such disasters posal of the public lands for homestead actual
tion of the national banks in the city of Washington as that, only on a still more momentous scale
in the following particulars, namely: first, what settlement in the States of Alabama, Missis- amounts of Government funds have been deposited
than the one that has occured here right under sippi, Louisiana, Arkansas, and Florida, Mr. in said national banks, or any of them, in the past
our eyes. KIRKWOOD, Mr. Wilson, and Mr. Davis.
twelve months; second, by whom, and under what Mr. WILSON. I propose to modify the
authority such deposits were made;, third, what
resolution by striking out after the word “bank” on such deposits, and to whom payments of interest,
the words in the city of Washington;' so Mr. GRIMES. I present the memorial of directly or directly, have been made.
that it will apply to the national banks gener-. H. Nielander and sundry others, citizens of By unanimous consent, the Senate pro- ally. Lansing, in the State of Iowa, remonstrating | ceeded to consider the resolution.
Mr. JOHNSON. That will do. against the passage of a law which will author- Mr. JOHNSON. I suggest to the honorable The PRESIDENT pro tempore. The resoize the erection of bridges across the Missis- member from Massachusetts that he had better lution will be modified agreeably to the suggessippi river that will be obstructions to the nav- make his inquiry more extensive, perhaps, and tion of the mover, who has the power to alter it. igation thereof. The subject, I believe, is before propose to inquire as to deposits in the other Mr. FESSENDEN. I should like to hear the Senate now, and I will therefore move that national banks, for the same system has gone it read as it now stands. the memorial lie on the table. on elsewhere, I am told.
The Secretary read the resolution as modiIt was so ordered.
Mr. WILSON. I have no objection to make fied. Mr. HOWE presented the memorial of the the resolution apply to other banks, if the Sen- Mr. FESSENDEN. I would recommend Sugar River Valley Railroad Company, pray- ator from Maryland so desires. I will simply to the honorable Senator from Massachusetts ing for a grant of lands to aid in the construc- say that rumors are rife in regard to the pub- either to provide for the appointment of a spetion of their road from Freeport, Illinois, to lic moneys that have been deposited in these cial committee on this subject or to send the Madison, Wisconsin; which was referred banks in this city, and I wish to have them resolution to the Secretary of the Treasury. I the Committee on Public Lands.
investigated. I am willing, however, that in- suppose that all the information asked for in Mr. SUMNER. I present the petition of vestigation shall be made in regard to all the the resolution, except in the last part with refGeorge W. Lake, late second lieutenant of the banks of the country. I regard the whole sys. erence to the interest paid, which would require ninth Veteran Reserve corps, in which he tem as wrong, and I think it ought to be ar- a specific examination, could be furnished at humbly prays Congress to take measures to rested, and certainly in all our large cities, the Department without any difficulty. I should secure the trial of Jefferson Davis by a mili- where it can be done, the public moneys should have no objection to the resolution going to the tary commission to be convened by the Presi- be deposited in the Treasury:
Committee on Finance but for this reason: we dent of the United States under the authority Mr. JOHNSON. No doubt about that. are now very near the last of the session, and of the Congress of the United States, and he Mr. WILSON. I saw that there were the the Committee on Finance have quite as much proceeds to set forth sundry reasons in detail other day $3,300,000 or $3,400,000 of Gov- business before them as it is possible for them for his prayer. Among other things, he says ernment money deposited in this city in five to attend to. In a very short time we shall have "The American people demand the trial of national banks.
the tax bill, which will take up a great deal of Jefferson Davis by a military commission, so Mr. JOHNSON. A great deal more than our time, and probably occupy every day and that justice may be done to the American peo- that has been deposited.
every evening for some considerable period; ple and the thousands of Union soldiers who Mr. WILSON. And one of these banks has and with the other bills and business on hand have gone to their final resting places through || recently failed, and failed under circumstances it would be impossible for that committee to the traitorous acts of the said Jefferson Davis, | which, it seems to me, are certainly not cred- make this inquiry, in my judgment. I thereas well as justice to the said prisoner." He | itable to some of the Government officers. I fore propose that some other direction shall then says that his petition is not drawn up out think it is time the system ceased. It is worse be given to the resolution. As to the subjectof a desire for revenge, but that the prisoner, than the old "pet-bank' system in the days matter of it, I think it is highly proper, and Jefferson Davis, may have the proper mode of of General Jackson. I am for the sub-Treas- in the existing state of things essential, that trial prescribed for all prisoners of war, and ury system out and out, and letting the Gov. such an inquiry should be made. by which traitors have been tried before; that ernment take care of its own funds. We have Mr. JOHNSON. I suggest to the honor. the American people consider Jefferson Davis || heard a great deal, lately, about expansion, and able member from Massachusetts that he had a prisoner of war, captured by the Union still public money has been deposited in these better refer the subject to a special committee, forces, and they also consider that their repre- banks, in some cases to enormous amounts, as the Committee on Finance have more busisentatives in Congress have the power to bring for the purpose of expanding credits. The ness than they can attend to, or as much, at him to trial as soon as possible, in such a way whole system is wrong, and I desire to see an as they think proper. end put to it.
Mr. FESSENDEN. I think the Senator I offered the other day a petition somewhat Mr. JOHNSON. The honorable member, had better do that or send it to the Secretary similar in character to this, which was referred I trust, did not suppose that I was hostile to of the Treasury. to the Committee on Military Affairs and the the investigation.
Mr. WILSON. I will modify the resolution Militia. I ask the same reference of this peti- Mr. WILSON. Certainly not.
still further by changing it to a special comtion.
Mr. JOHNSON. I am in favor of it; but | mittee. It was so referred.
the same reports to which the honorable mem- Mr. HENDRICKS. I should like to hear Mr. MORRILL presented the petition of ber alludes as applicable to the banks here, I the resolution read as modified. Graham J. Lester, of New York, praying that have heard as applicable to the banks almost The Secretary read it, as follows: the Secretary of the Treasury may be author- || everywhere. Whether they are well founded Resolved, That a select committce be appointed to ized to issue to him an American register for or ili founded I do not know; but it is very inquire into and report upon the condition of the the Prussian-built bark Marget; which was important to the interests of the Government
national banks in the following particulars, namely: referred to the Committee on Commerce. that the matter should be investigated. I hope | deposited in said national banks or any of them in
first, what amounts of Government funds have been Mr. CHANDLER presented the memorial the honorable member will alter his resolution the past twelve months; second, by whom, and unof George W. Fisk, praying for compensation so as to make it general.
der what authority, such deposits were made; third, for services rendered as United States consul Mr. GRIMES. I trust the Senator from Mas
what amount and rate of interest, if any, has been
allowed on such deposits, and to whom payments of at Ningpo, China, and for damages incurred sachusetts will consent to adopt the suggestion interest, directly or indirectly, have been made. by reason of the protest and return of his of the Senator from Maryland, and change his Mr. HENDRICKS. I wish to inquire of the
chairman of the Committee on Finance, or the shall be made from the candidates according to their to the Naval Academy. There happened to be Senator from Massachusetts, who I suppose respective merits and qualifications, under such rules
a likely young boy who was a little over the age and regulations as the Secretary of War shall from has examined the subject, whether the national time to time prescribe; but this shall not apply to
of seventeen and could not be admitted; and I banks are not made depositories by the law. the appointment of cadets authorized by the Presi- believe that it was purely through the influence Mr. GRIMES. They can be designated. dent of the United States.
that was exerted by the friends of that young Mr. HENDRICKS. The Secretary of the This is in accordance with the recommenda- man that we changed the period to eighteen Treasury is authorized by the law to make cer- tion of General Delafield, the head of the Engi. || years. He was admitted, went to the Acadtain banks depositories of the public money. neer corps, and is also in the spirit of the recom- emy, was there three months, and was unable
Mr. CLARK. He designates which of the mendation of every Board of Visitors of the to make any progress in his studies, had not banks shall be depositories.
Military and Naval Academies for a number of any adaptation to the profession at all, and was Mr. HENDRICKS. And upon such secu- years. General Delafield, in his last annual | dismissed; and we have now upon the statuterity as he may see fit to require. report, says:
book a limit of eighteen years in place of sevMr. SHERMAN. I will state that I have
“The difficulties that have been experienced for enteen years, when every naval officer concurs examined the law on this subject, in pursuance years past in training the minds and bodies of the in the opinion that the shorter number of years of the order of the Senate, and I do not see
young gentlemen sent to the Academy to preparo
is the proper age for boys to go into the naval anything in the banking law that justifies any fession arise mainly from the qualifications of the
service. I do not know whether there is any one depositing the public money in the national candidates being so exceedingly limited. While at such difficulty in the case of the Military banks except the Treasury Department and
the present time it may not be expedient to increase
Mr. WILSON. This measure comes from that has sprung up of paymasters and disburs- nominated for each appointment may be authorized the House of Representatives, and General ing officers depositing the public money in these
by law, when every section of the country would
SCHENCK, chairman of the Military Committee banks, it seems to me, is a violation of the law. entering the Army annually. Should this principle
there, was one of the visitors at West Point Mr. CLARK. But the Senator will find that be authorized by law, the examination of the candi- last year. I am not sure that that board recthe Department does designate certain banks dates could be ordered in several sections of the coun
ommended this change, but I know they recomtry, at convenient military posts, and thus savo a as depositories.
great annual expense now incurred by partially edu- mended the change in regard to waiting a year Mr. SHERMAN. I know that; but I say
cating and returning deficient cadets to their distant after the appointment.
homes, insure a much greater proportion of members there is nothing in the law that directly con
Mr. NESMITH. With the permission of who could master the course of studies, and avoid the templates the depositing of public money by numerous and frequent discharges from the Academy the Senator from Massachusetts, I will state disbursing officers in national banks, and such
for inability to acquire the requisite information and that the board last year did recommend and a practice is very wrong. proficiency for a graduate of this institution."
almost every board for several years has recThe resolution, as modified, was adopted.
The principle of this amendment was adopted ommended the change; and with the permis
by the Senate at the last session of Congress, sion of the Senator, I will read the recommenMESSAGE FROM TIIE IIOUSE.
but it failed to receive the assent of the House | dation from the report of the Board of Visitors A message from the House of Representa- of Representatives. The amendment is now tives, by Mr. McPherson, its Clerk, announced modified in such a way that I hope it will secure "Candidates may now be admitted between the that the House of Representatives had passed the assent of the other branch of Congress. nges of sixteen and twenty-one. We recommend that without amendment the joint resolution (S. R. It has been recommended by all the Boards of
in future no one be received who is under seventeen
or more than twenty-two years of age. The severity No. 74) providing for the acceptance of a col- Visitors ; it is recommended, so far as I know,
of the physical training and discipline is such that lection of plants tendered to the United States | by all the military officers and the naval offi- youths of sixteen often do not possess the requisite by Frederick Pech. cers and by all the educators of the country.
strength and power of endurance. A greater maturity
of mind and body of those entering seems desirable.'' The message further announced that the It is a principle which has been adopted in
That is the recommendation of the board House of Representatives had passed a bill every other military country. It has prevailed (S. No. 167) to incorporate the Women's Hos- in France for more than seventy years, and
Mr. WILSON. General Delafield strongly pital Association of the District of Columbia, military men know how much it has done for with amendments, in which it requested the the renown and glory of the French power.
recommended carrying the minimum age to
seventeen. concurrence of the Senate. It has been adopted in England since the Cri
Mr. NESMITH. I desire to offer the folThe message further announced that the mean war from the observation of the supe: | lowing amendment: House of Representatives had agreed to the || riority of the French service over the English. amendments of the Senate to the joint resolu
· And be it further resolved, That hereafter the SuperA commission was appointed to inquire into
intendent of the Military Academy may be selected tion (H. R. No. 116) to prevent the introduc- that evident superiority, and upon the report from any corps of the Army. tion of cholera into the ports of the United of that commission the competitive system At present the Superintendent is compelled States.
was adopted in the English service. It pre- to be selected from the Engineer corps, and it The message also announced that the House vails in Austria ; it prevails in Prussia; it has been thought by a great many that, as the of Representatives had passed the following prevails in Italy, and, so far as I know, in all character of the institution has changed a good bills, in which it requested the concurrence of military countries except Russia. What the
deal since its first organization, this is an unthe Senate: practice there is I do not know.
just discrimination against other officers of the A bill (H. R. No. 466) erecting the Terri- Mr. HENDRICKS. When this joint reso
service; and I will read what the Board of Vis. tory of Montana into a surveying district, and lution was called up the other day, I asked
itors last year recommended on that subject: for other purposes; and the postponement of it until the Senator from
"1. We are of opinion that the law should be so A bill (H. R. No. 616) for the relief of Lu- Rhode Island should return, with a view to changed as that the superintendency of the Academy cinda Gates.
his being heard upon this proposition. Since may be thrown open to the whole Army instead of ENROLLED BILL SIGNED. then I have reflected somewhat upon the prop
confining the selection, as now, to an officer of the
Engineer corps. The institution having ceased to be osition, and I believe it would be well to adopt || only, or mainly, a school for engineers, as at first es, The message further announced that the
it in its present shape. I think it would to a tablished, and having become the one great national Speaker of the House of Representatives had very large extent reduce the per cent. of ap
military and polytechnic institute of our country, signed the following enrolled bill; which there.
the reason for such exclusiveness no longer exists, pointees to that institution who are found not and it is recommended that the appointment bo free upon received the signature of the President || qualified for the position. I think it would be hereafter to every arm of the service.' pro tempore:
well enough to try it, to say the least of it. Mr. WILSON. I doubt very much the exA bill (H. R. No. 453) for the relief of Cor- The amendment was agreed to. nelius B. Gold, late acting assistant paymaster
pediency of this amendment. I know that
Mr. G United States Navy.
S. I desire to inquire of the many eminent men of the Army have been in
chairman of the Committee on Military Affairs favor of this change, but we do not know cerMILITARY ACADEMY APPOINTMENTS. why it is that it is proposed to fix the age at tainly how it may work; and if the change is Mr. WILSON. I now move that the Sen- twenty-two rather than the age that has been made men may be appointed for other than ate proceed to the consideration of House joint | fixed heretofore.
military considerations. I certainly hope that resolution No. 134, relative to appointments in
Mr. WILSON. The ages now are sixteen the proposition will not be put upon this resothe Military Academy of the United States. and twenty-one. This proposes to make it || lution now, for I am anxious to get the resoluThe motion was agreed to; and the Senate,
seventeen and twenty-two. It was thought by tion through this morning, and we shall very as in Committee of the Whole, resumed the many persons, and some of those connected soon probably have up the Army appropriation consideration of the joint resolution.
with the institution, that sixteen was an age too bill or some other bill to which this amendment Mr. WILSON. The Senator from Rhode young for admission, that seventeen was about can be moved; and as attention has now been Island, I believe, has an amendment to pro
the proper age; and therefore this change has called to the subject, Senators can reflect upon pose to the resolution. It was laid over the
been made to carry it up one year, and extend it. I hope it will not be pressed to a vote now; other day to enable him to do so.
it one year beyond twenty-one excepting in if it is, I shall vote against it. Mr. ANTHONY. I offer this amendment
some special cases of soldiers who have served Mr. NESMITH. I think it is exceedingly
in the war. to come in as a new section:
Those, however, will be very | appropriate that this amendment should be put
limited. And be ie further resolved. That in all appointments
upon this resolution. This is a joint resolution of cadets to the Military Academy after the present
Mr. GRIMES. I have not heard of any ob- in relation to the Military Academy, and I think year the person authorized to nominato shall nomi- jection to the present limit; and I was fearful there can be no more appropriate place for it. nato not less than five candidates for each vacancy, all of whom shall be actual residents of the congres
that probably this provision resulted from such If the Senator from Massachusetts will consult sional district, Territory, or District of Columbia, en
a condition of things as happened two years the Army officers, and those of most distinctitled to the appointment; and the selection of one ago when we changed the limit as to admission tion in the country, I think he will find that
they pretty unanimously concurin the idea that alry, the ordnance, and the engineers, to secure your old rule, Grant, Sherman, Sheridan, the superintendency of this institution ought the superintendency of the Academy; and it Hancock, and fifty other officers whom I might
name, would be excluded, and I apprehend the Army. There is no reason for it.com here will so not on account of the merits of the
particular person who may seek it, but because any of those officers would be just as compeare many very distinguished officers serving in of the political influence that may be brought tent to take charge of this institution and train the line who might with propriety be selected to bear in his behalf.
up men for soldiers as any officer who can be to superintend the institution. I am opposed I am as much opposed, I believe, to any kind selected from the Engineer corps. I believe to this exclusiveness, and I believe the tend- of exclusiveness as anybody ought to be; but they are better qualified for the position. They ency of it has a deleterious effect upon the it seems to me that the reason I have just given are men of more practical common sense, and institution and upon the Army itself. For my is a very substantial reason why the old system they are likely to instill and inculcate such ideas own part, I am anxious that the amendment should be adhered to, especially when we know into the young men who are there. I am opshould be adopted, and that the superintend- that it has thus far worked well. The reason posed to this exclusiveness and to keeping the ency of the institution shall be thrown open why an engineer has been hitherto selected for superintendency of this institution in any single for the Secretary of War to select the person this purpose and why the law requires him to corps of the Army, I believe this practice best fitted for that position from any corps in
be selected is that the Engineer corps is com- should be abolished. I believe the interests the service, whether he belongs to the line or posed of what properly, I think, may be called of the Army, the interests of the institution the staff, whether to the engineers or the ord- the élite of the men who graduate at the Mili- | itself, and the interests of the country demand nance, the infantry, the cavalry, or the artillery. tary Academy. They are the best educated it; and I hope the amendment will be adopted. I think it is proper that the change should be men; they are the first two or three men in Mr. FESSENDEN. I think the Senator made. There is no reason why the selection each class who graduate at the head of the from Oregon is mistaken in supposing that this should be confined to the Engineer corps now. class, the most accomplished men. Now, sir, | proposition has ever been recommended before There was a reason for it, perhaps, when the if you owned the Military Academy yourself, and in any report of the Board of Visitors. I do institution was originated, for it was then were going to educate your boys there, would not think that the Board of Visitors to the Milstrictly an engineer school. If it was strictly you select a man who graduated at the foot of itary Academy, as it is generally made up, is an engineer school now, it would be proper to his class, or would you select a man who was very well calculated to advise anybody on the confine the selection to an engineer officer; if | confessedly the best scholar or one of the best subject of military affairs. Once in awhile it was a cavalry school, it would be
that scholars of the class? Taking the Superintend- some persons are appointed who may be coma cavalry officer should have charge of it; and ent from the Engineer corps leaves a range, petent to do so; but on looking over the list, so, if it was an infantry or artillery school, an it seems to me, sufficiently large. I think there you find a distinguished clergyman, a distinofficer of that branch should have charge of it. are above the rank of first lieutenant some guished lawyer, the editor of a newspaper, But now it embraces all branches of the ser. thirty-five or forty officers, the most accom- friends, probably, of the members who selected vice. I think the restriction which is now im- || plished men in the Army in point of education | them, according to the rule of selection, from posed on the Secretary of War in selecting the and accomplishments of every description; and their several districts. I understand the rule Superintendent should be removed, and that he without any substantial reason being given for to be that they represent all the States, not all should have authority to make the best selec- it, except the mere recommendation of a board at once, but in rotation, and the distriets of tion he can from the entire Army. I do not. of civilians who went there, a part of them, I the several States, also; and the selection of think there is any more appropriate place for believe, at that time in the volunteer service, the person to visit the Academy is generally a provision making the change than this reso- and each of whom thought he was perfectly I given to the member from the district; somelution. The Board of Visitors for several years competent to take charge of the Military Acad- times to a Senator who has a friend. Upon have recommended this change. I have al- emy himself, and perhaps looked forward to the many matters of business that occur at the ready read the recommendation made by the time when he would be Superintendent of the Military Academy, upon the state of the buildboard of last year; and it is the very first rec- Military Academy, I do not think it is wise for ings, and the improvements necessary to be ommendation which they made in their report, us, without any further consideration than we made there, and occasionally the scholarship and I think they urge very good reasons for it. have been able to give the subject here in this I --for sometimes a distinguished professor of a
Mr. GRIMES. I desire to inquire of the morning hour, to change the rule that has existed college is sent there to attend the examination, Senator from Oregon what are the deleterious ever since the Academy was established in 1801. &c.—they might be competent to judge; but effects he speaks of that have resulted from Mr. NESMITH. T'he Senator from Iowa, as to what is advisable in regard to military permitting this School to continue under the I apprehend, is under a mistake in saying that matters, I should say they were no more fit charge of the Engineer corps.
this is a new question. I have often heard of and no better qualified, ordinarily, to decide Mr. NESMITH. There is an exclusiveness it before. It is a question that has been agi- | those questions than we are ourselves, if we about it that I think is improper in the Army. tated in the Army for many years, and I think were placed in the same relation, and I cerI do not think that an engineer officer is any has been embraced in several reports of the tainly should not think my information very better fitted to manage an institution of this Boards of Visitors to the Academy. As to this good on that subject. kind than a cavalry or infantry or artillery || proposition making a scramble in the Army or But, sir, my rule has been in public affairs, ollicer. I think the wrong consists in the incrcasing the area of that scramble, I do not when I found that a thing had, in the long exclusion, and it causes dissatisfaction in other think there is any evil of that sort to be appre- course of years, worked well and been produccorps of the Army, and I know of no reason hended from it. If evils are to result from that | tive of good, to stand by that rather than to try why it should continue. I know that the Boards | scramble, we have them now in the Engineer an experiment to see if I could make it better. of Visitors who have devoted their attention to corps, and I do not think it will be enlarged by The principle upon which the superintendency the subject, have come to the same conclusion | enlarging the area from which this selection of the Academy was given to the Engineer corps that I have. Officers in other corps of the may be made. I do not think any evil is going has been correctly stated by the Senator from Army see no reason why this superintendency to result from a scramble among Army officers | Iowa. The Military Academy is a school of should be confined to the Engineer corps, while to get a place where they do not properly apply | instruction, not a school of practice exactly, the School is not a mere engineer school; and for it, but where the Secretary of War, under for that practice makes but a small portion of I think so myself.
the direction of the President, makes the selec- what is taught there. Tactics are learned there, The amendment was rejected.
tion from the officers that he considers the most to be sure, and horsemanship, and other things The joint resolution was reported to the Sen- competent.
connected with military service; but it is a ate as amended, and the amendment made as Now, sir, in relation to this matter of gradu- | school of instruction, that is, instruction in in Committee of the Whole was concurred in. ating at the head of the class, I do not believe those things which a military man should know,
Mr. NESMITH. I now renew my amend- because a man happens to graduate at the head | Although, as the honorable Senator from Orement in the Senate, which was rejected in com- of his class at West Point that he has any gon intimates, a man may graduate at the head mittee; and I ask for the yeas and nays on it. superior capacity or qualification for training of his class and turn out to be of very little The yeas and nays were ordered. up young men as soldiers than the man who
consequence afterward, yet, as a general rule, Mr. GRIMES.Ever since the foundation may happen to have graduated lower down. I think the principle is a safe one, that those of the Government, the Military Academy has I know some very distinguished officers in the who are the best instructed are the best qualibeen under the superintendence of the Engi- | Ariny who have graduated at West Point very fied to oversee and direct instruction; and for neer corps. I believe that the first time in my near the foot of the class, and I know some that reason, as it is a school of instruction, the life that I ever heard special objection urged | very great fools who graduated near the head superintendency has hitherto been, by law, conto it has been here to-day, although I think on of the class. I think, on an average, you will fined to those who graduate in the front rank some former occasion some member of this find about as much capacity along half way of their respective classes. If you will look body did propose such an amendment as is down the list of those who graduated in that | through the Army records you will find that now offered by the Senator from Oregon. institution as you will in those who graduated those men have, generally speaking, made dis
There are several reasons why the rule was at the head. Those who graduated at the head | tinguished and valuable officers, and even in established and enacted into a law that the are those who manifest superior capacity in the field many of them have distinguished Engineer corps should have the charge of the mathematics and those questions that have no themselves. Academy, One was--and it is a principal | direct relation to soldiership or the capacity as That being the case, as it is a school, I think reason with me now--that the moment you open soldiers, but a mere inclination derived from the man to be placed at the head of it should it to the whole Army you make it much nearer books and a capacity of demonstrating mathe- be a man who is able to judge of how instruca political office than it is now. There will be matical problems. I do not think that sort of tion should be given in all the branches of a constant scramble among the five thousand qualification is entirely necessary to train a education; and the engineers are the men who officers in the infantry, the artillery, the cav- man up and make him a good soldier. Under II are the best instructed in all the branches.
Their rank is not made up from their profi. Mr. FESSENDEN. The Senator is entirely and substance of the argument. If there be ciency in one study particularly, but in all mistaken. His standing in the class is made any validity at all in the Senator's proposition branches, and, among other things, conduct up from his proficiency in all branches. he ought to propose to exclude an engineer and character. As this principle has been Mr. NESÑITH. It is not on account of entirely from being selected to 'command at established and has operated so well and been superiority in any other branch. Mathematics West Point. productive of no evil, there is no motive to is the principal point upon which that selection Now, Mr. President, I do not pretend to deny throw it open that I can imagine, except that is determined at the time the class graduates. that the fifth man of a class may be just as comoccasionally a man may be found, who does Now, sir, when these men go forth from the petent to command at West Point and supernot belong to that particular corps, who may Academy, the engineer officer who is so profi- intend education there as the first; that is, in be entirely competent to make a good Super- cient in mathematics, in place of going into the some instances; but what I object to is, that intendent of the Academy; but it does not fol. field, in place of going into the artillery, the for the sake of getting one of those fifth men, low that a man who has distinguished himself cavalry, or the infantry, or any other depart- who may be an exceptional man, you open the in the field, and shown himself to be a very ment of the Army, goes directly into an office, whole to confusion and competition between capable and able oflicer in the field, in the com- and there discharges the duty of an engineer | from five thousand to eight thousand officers, mand of men, is a proper man to take charge for ten, fifteen, or twenty years; and without and in the course of a few years you will find a of a military academy, a school of instruction. even having been placed in command of troops man selected and put in charge there who has You may go through the ranks of our Ariny or having any direct contact with them, because never had any education at all, but who will and pick out men who have distinguished them- he is expert in figures, he is supposed to go be made the Superintendent because of the selves most, and among them you would cer- back to the Academy with superior qualifica- political influence that may be brought to bear tainly find a very considerable number who tion for the purpose educating men to be in his behalf. That is what I am afraid of; and would not be competent, or the right kind of soldiers. You may take an instance. A man, these excellent officers who have served and men, to place at the head of the Military say, graduates number five in his class and distinguished themselves so much, to whom the Academy.
becomes an engineer; another man graduates || Senator from Oregon has alluded, having been I have regarded this movement as one rather number six, and goes into the line of the Army. educated at West Point, under the present sys. to gratify the pride of corps than anything else, || The man who graduates number six goes into | tem, the Academy having accomplistred as and perhaps the pride and ambition of indi the line of the Army with nearly as much knowl- much as it has, it having turned out to be such viduals. Now, there are other fields for the edge of mathematics as the man who graduated a complete success, I do not see really any gratification of the ambition of leading and number five, and in place of being cooped up urgent necessity that should impel Congress to distinguished officers. They are not abused by in an office or discharging some clerical duty make this change. being excluded, on account of their not belong connected with the Army, this man goes into Mr. GUTHRIE. Mr. Presidenting to this particular corps, from the exercise the field, serves five, ten, fifteen, or twenty The PRESIDENT
pro tempore. The mornof this particular duty. The moment you throw years with the different corps, the cavalry, the ing hour having expired, it becomes the duty it open, and admit half a dozen corps to be artillery, and the infantry, and gains a superior | of the Chair to call up the unfinished business selected from, you will have, in the first place, knowledge of all those corps over the individ- of yesterday, which is House joint resolution rivalries among all the corps to see which shall ual who is confined almost entirely in his duties No. 127. furnish the Superintendent, and in addition the to the summing up of columns of figures or Mr. STEWART. Mr. Presidentrivalries existing among many individuals seek- demonstrating mathematical problems; this The PRESIDENT pro tempore. The Sening to be selected for that particular place, man, I say, aequires all the information of the ator from Kentucky is entitled to the floor. which perhaps is thought to be an honorable different branches of the service, while the Mr. STEWART. I rise to take the floor
I have never known any great rivalry of knowledge of the engineer who has graduated upon the special order. any great consequence to exist among these nearly at the head of the class and has remained Mr. GUTHRIE. I intended to say a word ollicers for this position heretofore. There are in the engineer service, is confined to that par- on the other subject. but a few, perhaps, who would be considered ticular department, and he goes back to the Mr. WILSON. I ask the Senator from as the proper men for it, but there are always | Academy, perhaps, competent to teach boys | Nevada to allow us to take the vote on this a suficient number from whom to select. But || mathematics and demonstrate those problems question in relation to the Military Academy. if you adopt this principle instead of having and make them good mathematicians, but he Mr. FESSENDEN.
I hope not. It will that quiet in regard to the Academy, which has no knowledge upon the other qualifications | be further debated, and I must adopt the rule, it is desirable should exist, you would intro requisite to make a man a good soldier. when the morning hour expires and the conduce the confusion and the rivalries that would If the young men who graduate at West Point stitutional amendment comes up, of insisting result from making the number of men from were all to go into the Engineer corps, were
upon going on with it. whom to select so very large. I do not feel dis- | all to become mathematicians and nothing else, Mr. ANTHONY. Suppose we take the vote posed to risk the institution itself, to risk its as the engineers are, then it would be proper without debate. advantages, to risk its good and well-being, that an engineer officer should have the con- Mr. FESSENDEN. I must adopt the rule upon a struggle of this kind, which can have trol of the institution ; but, sir, on the contrary, and not yield in any case. no other purpose than to open this position to out of a class of forty or fifty or sixty, five, six, The PRESIDENT pro tempore. The una large number of men who might be ambitious or eight may go into the Engineer corps, while finished business of yesterday, being House to be placed in a situation for properly dis- five sixths of the class go into the other arms
joint resolution No. 127, is before the Senate. charging the duties of which they had given no of the service, and they go into them, under evidence whatever by any particular distinction the present arrangement, without being under
WITHDRAWAL OF A PETITION. in the line in which they ought to be distin- the tuition of a Superintendent who is capable Mr. TRUMBULL. I hope the Senator from guished in order to preside over a school of this of imparting those particular qualifications. || Nevada will allow me to make a statement that character. For these reasons I hope the amend- So far as the Superintendent is concerned, so will take but a moment before he begins. I ment proposed by the honorable Senator from far as all the superior abilities, capacity, and ask leave to withdraw from the files a petition Oregon will not be adopted.
training he brings to their culture are con- which I presented to the Senate some ten days Mr. NESMITH. I think the Senator from cerned, he is simply able to teach mathemat- ago, perhaps, from citizens of Augusta county, Maine is not entirely correct in his statement ics, and nothing more. I do not think the in the State of Virginia, which was referred to with reference to this Academy, and the char- position occupied by the Senator from Maine the Committee on Military Affairs. It was a acter of the boards of annual visitors. He as to an engineer officer knowing all about the petition stating that Union men in that locality states that it is entirely a military question. Army, and all about the different corps, is cor- were without protection from the local authorOn the contrary, it is a question of education, | rect." I think the history of the men who have ities, and asking that the military power be and those men who are qualified, as he him- || graduated there, and the services they have not withdrawn. Some days after that petition self states most decidedly on that question, are performed in different corps, demonstrate very was presented to the Senate, the Senator from the very men who are competent to decide on clearly that any other man who is a graduate | Delaware, not now in his seat, (Mr. Saulsthis. He says they are generally educated from West Point and has been kept out of the BURY]-and I am sorry he is not here-apmen, presidents of colleges, editors of news- engineers has more multifarious knowledge of plied to me for a copy of the petition. It papers, and men who have practical knowl. the subjects and duties connected with the purported to be signed by one hundred and edge upon the very questions which is there Army than a mere engineer has himself. six Union citizens of Augusta county, Virbrought to their attention and consideration; Mr. GRIMES. The sum and substance of ginia, and attached to it were affidavits that that is, the question of education, education the argument of the Senator from Oregon seems the parties signing it were bona fide citizens generally to fit men for the discharge of their to be this: that if a man graduates at the head of that county. At the time the Senator from appropriate duties in the Army.
of his class, or near the head of his class, and Delaware applied to me for a copy of it I inThe Senator says that an engineer officer becomes an engineer, he goes into an office or formed him that it had bec referred to the selected for the discharge of this important takes charge of the building of a fortification, Committee on Military Affairs. I think the duty on account of his superior qualification while a man who was the twentieth of his class very day after I was applied to for this copy, I and fitness. And he says that he is superior goes out and is stationed at Fort Ridgely, as a received a letter from the gentleman who sent in all the branches of the service. There never cavalry officer or an infantry officer, at a post me the petition, stating that its presentation in was a greater mistake in the world. The remote from civilization and books and men, the Senate had led to inquiries by persons at engineer officer graduates at the head or near and he is going to acquire such a vast amount Staunton, which is in that county, and that the head of his class because of his proficiency of information that he will be vastly superior threats, had been made against any persons in, perhaps, a single branch, the branch of to the engineer officer, who is employed in there who had signed such a petition and sent mathematics.
fortifying your coast. Í believe that is the sam to the Congress of the United States, and