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could concur; dividing between those who whisky upon the market, it must stand the tax Inting under which such large frauds have would go lower and those who would have the on sales, and all the other taxes.

been committed. But while we take care not amount higher. This was a decision in which I must go back and repeat my original ex- to make it too low, and yet to make it low we all could concur, as one which would be planation. Direct tax is collected at the dis- | enough in regard to each particular mode of likely to accomplish a great reform and break tillery, and whisky, when it comes from the taxation, by scattering it over the whole proddown the whisky frauds about which we were distillery warehouse, must be taxed, except in uct in all its various stages, this is as low as all so anxious.

those particular instances where it is intended we could get a combined tax that would proBut we did not suppose that sixty cents direct for exportation or preserving specimens in dnce something like a sufficient revenue. tax would be a sufficient burden upon this arti- museum jars.

Now, as to the other question, how we ascercle that ought to contribute so largely to carry Then we have another system of taxation, tain the quantity of spirits, I wish the gentleon the operations of the Government. If we which may be called the tax on capacity. On man would have saved me the labor of going therefore put it at sixty cents, lessening the the subject of taxation of capacity we have over several sections by having read the bill temptation to fraud, bringing under the eye of found where it has been attempted it has itself. He would have found in the first place the law more distinctly, so that it might give always been abandoned where it has been that we cast around the production of the microscopic observation, beyond what could sought to tax the capacity of the stills or tubs liquor such safeguards as have never been be done when there was a broad tax of two themselves ; but there has lately been intro- before placed around it, so as to prevent any dollars per gallon, with all the efforts made to duced abroad in lieu of that, and which we of it from escaping from between the worm of accomplish frauds under a tax of that kind, we think may be introduced with advantage at the still or the receiving cistern and the distilthought we ought not to confine temptation to home, a tax according to the number of bush. | lery warehouse. We do not permit it to go only one point, but should scatter it, so that els of grain which can be mashed and fermented out to the warehouse without the tax being the temptation being made small at one point, | at a distillery. We have, therefore, added to || paid, and it is to be proved to be paid by a and at another, and another, and another, yet || these other classes a tax of five dollars a day || stamp to be attached to the barrel. by the aggregate taxes at those points we on every distillery that is capable of mashing Then for a further security we have provided should make it something on the average like and fermenting one hundred bushels each day || that in making up the account of what is prowhat that article ought to pay.

or less; and whenever a distillery has the duced at the distillery there shall be certain Leaving the direct tax, then, at sixty cents, | capacity for mashing and fermenting fifty or calculations always made by the assessor, and we come next to the consideration of what one hundred bushels more, we add three dol- every distillery shall be presumed to have prospecial taxes should be imposed upon distil- lars a day for each hundred bushels or frac-duced so much in proportion to the amount of lers, to make up the aggregate contribution | tional parts of a hundred bushels.

grain or mash that has been used. That is toward the wants of the Government. We We have in the bill, as gentlemen will find, || another security, all of which will be better propose that every distiller who distills fifty || strict provisions. Unless notice is served of explained if the gentleman will take the trouble barrels or less in a year, shall pay $200 as a their stopping, they are to be taxed as if run- to refer to the sections on that subject. special tax, and four dollars as a further || ning all the time. They are by law considered Mr. MYERS. One question further. I special tax upon each barrel above the fifty | always running unless it is otherwise made to have read that part of the bill, and the genbarrels. appear.

tleman is explaining to us what we all may Gentlemen will find that provided for in One thing more. They pay two dollars a here read. But I want to know whether the section sixty-five of this bill. It is the same day when they do not run as a sort of tax for system does not provide for meters at the system which we had introduced in the general having a distillery which may be used.

expense of the Government? bill; but we have modified it in this respect; These, then, are the three modes of taxing Mr. SCHENCK. Yes, sir; we have proinstead of imposing a special tax of $1,000 | distilled spirits : by direct tax, all sorts of vided that the Government may adopt meters, upon every distiller who makes two hundred || specific taxes on distillers, rectifiers, manufac- || hydrometers, saccharometers, or whatever may barrels or less a year, we have brought it down || turers of stills and worms, and a tax upon the be deemed necessary for the enforcement of from two hundred to fifty barrels or less, so as capacity of the distillery to mash and ferment. the tax, and whatever is adopted shall be at not to crush ont altogether the small distilleries As to what amount we can collect under this the expense of the Government. We have done in Kentucky, Tennessee, or elsewhere, where system of taxation by repeated calculation I that in order to take away what may seem to they make few barrels in a year and that of a cannot make any revenue less, with any due be a reasonable complaint by distillers of the superior quality. The principle is the same, enforcement of the law, from this source than imposition practiced upon them in having had four dollars per barrel, only the starting point || from sixty-five to seventy millions a year. to deposit a very considerable amount of money is set lower down.

Mr. BUTLER. What is the tax per gallon and wait till it is determined how much they In the same way we propose that every rec- on whisky taking all these direct and specific shall pay for a meter they are required to use. tifier who rectifies two hundred barrels or less | taxes together?

We have also followed out the same principle in the course of a year, shall pay a special tax Mr. SÖHENCK. It is very difficult to say. in regard to storekeepers, as we explained once of $200, and fifty cents additional for each | The special tax of four dollars per barrel will before to the committee, that they shall be paid barrel above the two hundred.

amount to about ten cents per gallon. We by the Government hereafter and not by the We have put a tax of twenty-five dollars have computed the barrel to contain forty gal- || distiller; so that, unlike the present whisky upon the compounders of -liquors. We have lons of proof. Then there is sixty cents to be inspectors, they shall not be the slaves and divided retail dealers, those who sell any less added to that, making seventy cents. Then bondmen of the distiller himself, but shall be quantity than a quart of liquor to be used at we cannot tell how much the tax on sales will | under the direction of the Government, to be the place where sold, and have classified them amount to per gallon, because of the difficulty | removed from place to place like any other so according to their sales they shall pay of applying it to the retail dealer and the diffi- officers, and not permitted to grow fast like twenty-five, fifty, one hundred, two hundred, || culty of making the calculation between the || attachments and fixtures in the distillery, as or one thousand dollars, upon the principle that || price of the liquor and the percentage put much belonging to the distiller as any other the man under the Astor House, New York, || upon that price. We have no statistics show- i part of his apparatus. or the St. Charles, New Orleans, or elsewhere, || ing the prices at which the sales are made, but Now, I have spoken of the mode of payment, who sells $10,000, or even $100,000 of liqoors cnly the aggregate sales. But I suppose some which is to be by stamps. The committee, in this way, shall not be left off like the little | twelve or fifteen cents will be added in that way after examining a great number of plans and relail dealer on the cross-roads, who keeps || per gallon. Then if you add the other special suggestions, finally provide in their bill for a one of the groggeries of the country.

tax 1 presume the whole tax upon the liquor, stamp, and after having determined what kind Upon wholesale dealers we have increased spread out in this way, will amount to some- of stamps should be used they procured the the tax on sales. We charge each wholesale | thing over a dollar per gallon. It may amount execution up at the Treasury Department of dealer $100 to begin with, and then three to more, but I put it at what I suppose to be specimens so as to satisfy the House that such per cent. upon all his sales above $3,000 per the lowest estimate. I think the aggregate of a system is practicable. All the stamps are to this tax will exceed a dollar a gallon.

be put up in this form, [exbibiting a number We charge the manufacturer of stills fifty Mr. MYERS. I desire to ask the gentleman of stamps bound together in book form.] Every and twenty dollars for each still or worm that a question, or rather two questions. In the collector who receives such a book is to be he manufactures, and thus by a specific tax first place, how, by the system proposed, will you charged with the value in money of all the upon him and a special tax upon his trade, we be able to ascertain how many gallons the tax stumps and the stamps attached

to them. Here will realize a considerable amount never before is to be assessed upon ? Are you to ascertain is a book of stamps for forty gallons and a obtained from that source.

it by a meter, or how? In the second place, fraction between forty and fifty gallons. A Mr. INGERSOLL asked a question which if the system of the capacity be so good as the man has forty-seven gallons of whisky on which was entirely inaudible at the reporter's desk. Mr. SCÅENCK. No, sir; we propose a

gentleman seems to think-and I am glad to he pays tax. You cut off one of the stamps,

know that he entertains that belief-why may which is forty gallons, and then seven of the special tax on whisky.

it not be a proper mode of assessing the tax Mr. INGERSOLL. Suppose the wholesale altogether? First, how do you propose to

coupons, which are between the stamp and the

stump, and then the forty-seven gallons of dealer sells for exportation a thousand barrels? | ascertain the proper tax and prevent fraud, whisky exactly are paid for, and the collector

Mr. SCHENCK. If he takes his liquor || and second, why may not the capacity system is charged with forty-seven gallons for which from the distillery warehouse to the export be enlarged so as to cover the whole tax? he is presumed to have received the money, warehouse, in bond and with all of the securi. Mr. SCHENCK. I will answer the last and he is only credited on his return of the ties provided, and sends it out of the country, question first. Our object has been not to book with as many coupons as remain attached then of course it escapes tax; but if it leaves make the tax upon any particular branch of to the stump. We have had a series of experi: the distillery warehouse and becomes free l production so high as to renew the old temp- ments performed at the Patent Office by which


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it is ascertained that these stamps may be put man whether it would not be practicable for upon a smooth surface of wood with an adhe. the committee to propose amendments by Indefinite leave of absence was granted to sive substance and covered with a transparent which whisky on hand in bonded warehouses Mr. CHURCHILL. varnish, so as to prevent abrasion or destruc- shall be subject to a duty additional to the tion by water, and that engraved stamp will be sixty cents per gallon, which shall substantially

ORDER FOR EVENING SESSION8. evidence that the whisky sold has paid the tax. meet the requirements of the case ?

Mr. SCHENCK. I now ask unanimous If whisky is found traveling without such evi- Mr. SCHENCK. That may possibly be consent that after to-day and until the tax bill, dence of course it is to be presumed to be done. But then there is another thing to be now in Committee of the Whole, be disposed whisky with the tax unpaid.

considered : there is very little honest tax-paid of, the House shall hold evening sessions, takSome gentlemen may say here that the com- whisky out of the bonded warehouses now ing a recess daily from half past four until mittee acted, perhaps, a little partially in this already manufactured ; and in the endeavor to half past seven o'clock. matter as between Mr. Clark, of the Treasury do justice to the Government and as between Mr. HARDING. With the understanding Department, and other persons. I desire to individuals by putting an additional duty upon that no other business but the tax bill shall be explain that this is not the invention of Mr. that which is in bond you would at the same considered. Clark, or of any other person ; but it is a com- time confer a great benefit upon those who are The SPEAKER. No other business can be bination of ideas first agreed upon by the com- | holding illicit whisky, whisky the tax upon transacted except by unanimous consent. mittee before any engraver knew anything which they have defrauded the Government Mr. KERR. I object. whatever about it. Then an engraver was out of, which whisky is outside of the bonded Mr. SCHENCK. I move that the rules be called in to see whether he could execute such warehouses,

suspended for the purpose indicated. a stamp according to the ideas of the com- I do not know that there is any other matter The rules were suspended ; and the order mittee. This is another portion of the system connected with this article of distilled spirits was made accordingly. which may or may not be adopted, depending about which gentlemen care to inquire. I will Mr. ALLISON moved to reconsider the vote upon the Commissioner of Internal Revenue. now submit a few words of explanation in by which the order was made; and also moved Each of these stamps--the specimens that I relation to the article on tobacco.

that the motion to reconsider be laid on the now exhibit-has a hole through it and a thin [Here the hammer fell.]

table. piece of tissue paper upon the back of it, the T'he CHAIRMAN. The time assigned by The latter motion was agreed to. whole being engraved together, as upon one order of the House for general debate has now

MESSAGE FROM THE SENATE. sheet of paper. It will adhere to the wooden | expired. The bill will now be read by sec. surface of the barrel, so that it is impossible to tions for amendment.

A message from the Senate, by Mr. GORHAM, take the stamp off without tearing the tissue The first section was read, follows:

its Secretary, informed the House that that paperand revealing that the stamp has been re

body had passed a joint resolution (H. R. No.

Be it enacted by the Senate and House of Represent- | 264) to provide for the sale of the site of Fort moved ; so that it cannot be transferred from anves of the United States of America in Congress assemone barrel to another.

bled, That there shall be levied and collected on all Covington, in the State of Maryland.

distilled spirits on which the tax prescribed by law, These are things which are left, of course,

The message further announced that the has not been paid, a tax of sixty cents on each and to be carried out in the administration of the every proof gallon, to be paid by the distiller, owner,

Senate had passed a bill (S. No. 536) for the law. All that the committee undertook to sat

or any person having possession thereof; and the tax relief of Elizabeth Carson, in which the con

on such spirits shall be collected on the whole numisfy themselves of was that such a thing was

currence of the House was requested. ber of gauge or wine gallons when below proof, and practicable, and then to provide that those sball be increased in proportion for any greater

CAPTAIN CIIARLES N. GOULDING. charged with the administration of the law

strength than the strength of proof spirit as defined
in this act; and any fractional part of a gallon in

Mr. COBB. I ask unanimous consent to should adopt something of the sort.

excess of the number of gallons in a cask or package, report back from the Committee of Claims Mr. STEWART. Can the gentleman state shall be taxed as a gallon, Every proprietor or pos- Senate bill No. 251, for the relief of Captain the number of gallons of whiskey now in bond

sessor of a still, distillery, or distilling apparatus,
and every person in any manner interested in the

Charles N. Goulding, late quartermaster of and upon which no tax has been paid?

use of any such still, distillery, or distilling appara- volunteers. Mr. "SCHENCK. It amounts at this time to tus, shall be jointly and severally liable for the taxes Mr. SCOFIELD, I object. between twenty and twenty-five million gallons.

imposed by law on the distilled spirits produced

therefrom and the tax shall be a first lien on the Then, on motion of Mr. INGERSOLL, (at Mr. STEWART, One other question. spirits distilled, the distillery used for distilling the five o'clock p. m.,) the House adjourned.

Mr. SCHENCK. It is a little over twenty- same, the stills, vessels, fixtures, and tools therein, five million gallons. It has been increasing

and on the lot or tract of land whereon the said dis

tillery is situated, together with any building therelately. on, from the time said spirits are distilled until the

PETITIONS, ETC. Mr. STEWART. If the bill as reported by said tax shall be paid.

The following petitions, &c., were presented the Committee of Ways and Means is passed Mr. VAN WYCK. I move to amend the

under the rule, and referred to the appropriate will not the owners of those twenty-five mil. first clause of this section, which provides for

committees : lion gallons of whisky have a monopoly of the trade in whisky at a tax of sixty cents a galthe tax per gallon on distilled spirits, by strik

By the SPEAKER: A remonstrance of R. lon, while that hereafter made will have to pay

ing out “sixty cents” and inserting "fifty McKechnie, president, and John Collins, seccents.

retary, inclosing resolutions of National Typoa tax of a dollar a gallon?

Mr. INGERSOLL. I hope the gentleman graphical Union, against the proposed copy. Mr. SCHENCK. We have made a provision in our bill, as the gentleman will see, that

from Ohio (Mr. Schenck] will consent that right law.
the committee now rise.

By Mr. DONNELLY: A memorial of Wilevery gallon of this whisky shall be taken out

Mr. SCHENCK. I have occupied so much

liam L. Banning, D. W. Ingersoll, John L. Mer. of bond, and the tax paid upon it in one hun. dred days. That settles the matter at once, so

time in explaining this bill, that I am willing riam, and others, citizens of St. Paul, Minne. far as the payment of the tax upon that whisky will then submit to the House the question to move that the committee now rise, and I

sota, for the improvement of St. Mary's river

and St. Mary's ship canal ; also, a similar is concerned. But there may be some advan.

memorial from the Chamber of Commerce of whether they will or will not have night sessions tage to those men who hold whisky free from after to-night.

St. Paul, Minnesota. this special tax, for that is what I suppose the The motion that the committee rise was

By Mr. ELIOT: The petition of Richard gentleman refers to. Mr. STEWART. Yes, sir. agreed to.

Borden and others, citizens of Fall River, The committee accordingly rose; and the

Massachusetts, praying that the collector of Mr. SCHENCK. That is a matter, however, which we cannot help. Every change in Speaker having resumed the chair, Mr. BlAINE

customs at Fall River may have an increase of

salary. the law benefits somebody and injures some

reported that the Committee of the Whole on
the state of the Union pursuant to the order of

By Mr. HUMPHREY: A memorial of the body. Mr. STEWART. Will not this change ben

the House had had under consideration the cigar manufacturers and dealers in Buffalo, Union generally, and particularly the special of the internal revenue tax on cigars.

New York, remonstrating against the increase efit the whisky ring? Mr. SCHENCK. It is impossible to do any.

order, being House bill No. 1284, to change
and more effectually secure the collection of

By Mr. KETCHAM: The petition of thing with the law without treading upon some internal taxes on distilled spirits and tobacco,

Buchanan & Fogg; of New York city, con. one's toes and helping others, though it may and to amend the tax on banks, and had come

tractors for carrying the United States mail on not be intended. That was one of the reasons to no resolution thereon.

route No. 6435, asking for increased allowance why I was very reluctant to give up the two

for such services. dollar tax. I think in many cases there is

By Mr. LINCOLN: The remonstrance of more harm done by frequent changes of the A message from the Senate, by Mr. Goruar, W. H. Baldwin and others, of Watkins, New law than by adhering to the law, though that its Secretary, informed the House that the York, against an increase of the tax on cigars. law may not originally have been the best that Senate having proceeded in pursuance of the By Mr. PRICE: The petition of 326 citimight have been enacted. But as we finally Constitution to reconsider the billentitled " An zens of the States of Missouri and lowa, asking determined to change, and come down to a act to admit the State of Arkansas to repre- for a grant of land to aid in the construction lower rate of taxation, we concluded that we sentation in Congress," returned to the House of the lowa and State Line railroad. would make the complete change at once. of Representatives by the President of the By Mr. TWICHELL: The petitions of book. And I know of no way in which we can pre- United States with his objections, and sent by binders and printers of Boston, Massachusetts, vent some persons from getting some benefits, | the House of Representatives to the Senate with representing that the productive interests of and some persons from suffering some injury, the message of the President returning the bill, the country are suffering and its industry parin the transition from one law to another. have resolved that the bill do pass, two thirds alyzed for want of protection against the

Mr. BOUTWELL. I would ask the gentle. ll of the Senate agreeing to pass the same. cheaper labor and capital of foreign coun.




that customs duties, which were suffi- relieved from the payment of certain money Foreign Relations, to whom was referred the cient under a high gold premium to create and deposited by him in banks in the so-called con- bill (H. R. No. 768) concerning the rights of foster manufactures, have become inadequate federate States, and seized and used by the con- | American citizens in foreign States, reported and must shortly prove ruinous; that much of federate government; which was referred to it with amendments. the distress now prevailing would be relieved the Committee on Claims.

Mr. SUMNER. At the same time I am by the legislation suggested in the report of He also presented the petition of citizens directed to report back to the committee a Special Commissioner Wells, as perfected in of Philadelphia, Pennsylvania, praying that large number of petitions and resolutions of the tariff bill passed by the Senate, which pensions be granted to the soldiers and sailors i public meetings and State Legislatures, relatfailed in the House March, 1867, and praying and the widows of soldiers and sailors of the ing to the same subject, and ask to be dis that Congress will resume consideration of war of 1812 ; which was referred to the Com- | charged from the further consideration thereof. that measure and enact it into a law at the mittee on Pensions.

The committee were so discharged. earliest practicable moment.

Mr. FERRY presented the petition of Linus Mr. FERRY. I am instructed by the Com.

Parmelee, a soldier of the war of 1812, pray; mittee on Patents and the Patent Office, to IN SENATE.

ing to be allowed a pension; which was referred whom was referred the bill (S. No. 530) relat

to the Committee on Pensions. TUESDAY, June 23, 1868.

ing to patents, to report it back without Mr. EDMUNDS. I, in common, I think, amendment, and with a recommendation that Prayer by Rev. E. E. S. Taylor, D. D., of with every other Senator here, have received á

it pass. I desire to call up this bill for its Brooklyn, New York. petition which purports to come from citizens

passage at some time this session at as early The Journal of yesterday was read and of the county of Philadelphia, residing at

a day as possible. I therefore call the attention approved. Chestnut Hill, in the State of Pennsylvania,


which represents what my honorable friend Mr. CORBETT. I offer the following resoMr. YATES presented a memorial of Darfrom Michigan (Mr. HOWARD] read, and is

lution, and ask its present consideration: nielle & Grout, and others, cigar manufacturers signed by fifteen or twenty persons, none of

Resolved. That the Committee on the Judiciary be of Alton, Illinois, praying Congress to author

whom I know, and none of whom, according instructed to inquire into the expediency of reporting ize the use of revenue stamps instead of inspect

to the statement in the petition, are soldiers a bill securing the right to Indians in such mapper or widows of soldiers of the war of 1812. I

tbat they may testify in cases of murder, manslaughors' stamps, and to retain the tax on cigars at

ter, rape, &c., as between whites and Indians. five dollars per thousand; which was referred

do not know anything as to the authenticity of to the Committee on Finance. the petition ; but inasmuch as the right of

There being no objection, the Senate pro

ceeded to the consideration of the resolution. Mr. HOWARD. I present the petition of || petition is sacred, I will assume that it is au. Charles Foster and numerous others, soldiers thentic, and move that it be referred to the

Mr. CORBETT. I desire to state that I Committee on Pensions.

hold in my hand a letter from an Indian agent of the war of 1812, living at Philadelphia,

The motion was agreed to.

in Idaho I'erritory, setting forth a case of mur. Pennsylvania, in which they say that the soldiers of the late civil war have been rewarded

Mr. CATTELL presented a petition of citi.

der wherein an Indian was murdered by a

white man, and where the case was tried in with a munificence unexampled in the history

zens of Philadelphia, praying ihat pensions be

granted to the soldiers and sailors of the war of nations. They received, in most instances,

the court there twice, and the white man was bounties bitherto unheard of; liberal pay and

of 1812, and the widows of such as have acquitted in consequence of the Indians not sufficient clothing from the Government. Cities, deceased ; which was referred to the Commit

being allowed to testify. I desire to submit

the letter with the resolution and call the atcounties, and States vied with each other in

tee on Pensions. contributing to their comforts, and the nation

Mr. SHERMAN. I present a petition of

tention of the chairman of tbe Committee on citizens of Philadelphia, Pennsylvania, pray.

the Judiciary to the case. did immortal honor to itself in thus rewarding

The resolution was adopted. its gallant defenders. But they ask how it is ing that pensions be granted to the soldiers

BILLS INTRODUCED. with the soldiers of 1812? They did not receive and sailors and the widows of soldiers and one cent of bounty; the volunteers provided

sailors in the war of 1812, similar in character Mr. STEWART asked, and by ananimous their uniforms, the officers their side arms, and

and place of paternity to those presented by consent obtained, leave to introduce a bill (S. the militiamen their clothing at their own

other Senators. I move that this petition be No. 564) for the relief of Holnigs Cowper: expense. They were not paid till four or five referred to the Committee on Pensions.

thwaite and Enoch H. Vance, and for other

The motion was agreed to. months, or even a longer period, after the

purposes; which was read twice by its title, Government alleged they were discharged ;

Mr. HENDRICKS. I present a remon- referred to the Committee on the Judiciary, whereas the soldiers of the late war were paid

strance of between seventy and eighty non- and ordered to be printed. when discharged in par money, while those

commissioned officers and soldiers of the Army Mr. MORRILL, of Maine, asked, and by who served in the war of 1812 received depreci- stationed in this city, setting forth the fact that unanimous consent obtained, leave to intra ated Treasury notes for their services, and the they have been residents of this city for more duce a bill (S. No. 565) to authorize the Secprivates only eight dollars per month. They

than a year, and residents of the fifth ward retary of State to adjust the claim of Gustavus pray, therefore, that the surviving officers and of the city for more than three months, having | J. Cushman for office rent while commissioner privates of the war of 1812 may receive pensions

no other residence, and no right to vote any- under the reciprocity treaty; which was read and be inserted upon the pension-roll. I move

where else than in the city of Washington ; || twice by its title, and referred to the Committhat the memorial be referred to the Committee that without a hearing or an opportunity to tee on Commerce. on Pensions, and I venture to call the special

establish their rights their votes have been Mr. WILSON asked, and by unanimous conattention of the committee to this eloquent and that a bill recently passed by the Senate

denied them at the recent municipal election ; sent obtained, leave to introduce a bill (S. No. memorial.

566) to authorize a bridge to be constructed The motion was agreed to.

cuts them off from a proper hearing to estab- between Boston and East Boston; which was Mr. BAYARD. I present the petition of

lish their right. They therefore present their read twice by its title. William Notson, M. D., and others, citizens

petition to Congress, that they may have a Mr. WILSON. I move that the bill be of Philadelphia, in the State of Pennsylvania, hearing before this body. I suppose it is

reterred to the Committee on Commerce; and who state that in order to encourage the vol

proper that their petition should go to the I will simply say to the chairman of the comunteers and militia to prompt and energetic | I move that reference. Committee on the District of Columbia, and

mittee that the Legislature of Massachusetts action, and as an act of justice to the survivors

have authorized the construction of a bridge,

The motion was agreed to. of the war of 1812, all who served in that war,

and this is to see whether Congress will sanewhether as soldiers or sailors, or were actually

Mr. JOHNSON presented the petition of tion the act. I call his attention to it, without engaged in action, and the surviving widows of Anna R. Voorhees, widow of Commodore committing myself in any way to the measure. any who have died, or who may hereafter die,

Philip F. Voorhees, United States Navy, pray: The bill was referred to the Committee on should be placed on the pension-roll of the Uni- || ing to be allowed a pension; which was referred Commerce. ted States, it now being fifty-three years since the to the Committee on Pensions.

ELECTION OF SENATORS. termination of the war, while the soldiers who

Mr. POMEROY presented a petition of

Mr.-EDMUNDS. If there be no further served in the revolutionary war with Great

Joel Hyatt, praying for compensation for morning business I move to take up Senate Britain were placed on the pension-roll in 1818, property taken for the use of the Government;

bill No. 538, relating to the election of Sen. being only thirty-five years after peace was

which was referred to the Committee on Claims. declared. I move the reference of this petition

Mr. SUMNER presented a petition of

ators. It will pass without any objection, I

suppose. to the Committee on Pensions. Thomas Symmes, praying for an honorable

Mr. JOHNSON. Will the honorable memThe motion was agreed to.

discharge from the United States Navy; which Mr. CHANDLER presented a petition of was referred to the Committee on Naval

ber permit me to say, before the bill is taken Affairs. B. Wilkins and twenty citizens engaged in the

up, that I bave received a note from my col

league [Mr. VICKERS) stating that he is very business and commerce on Lake Superior, ask

much indisposed, and is detained from the ing a grant of lands for the extension of the On motion by Mr. FRELINGHUYSEN, Senate in consequence of it at his residence in Portage Lake and Lake Superior ship-canal to it was

Maryland. He hopes to be here in a few days. Keweenaw bay; which was referred to the Com- Ordered, That the petition and papers of Lizzie R. The motion of Mr. EDMUNDS was agreed to; mittee on Public Lands.

Smith be withdrawn from the files of the Senate, | and the Senate, as in Committee of the whole, Mr. FRELINGHUYSEN presented the peti. and referred to the Committee on Claims.

proceeded to consider the bill (S. No. 538) in tion of George C. Hutter, formerly a paymaster


addition to an act to regulate the times and in the United States Army, praying to be Mr. SUMNER, from the Committee on manner of bolding elections for Senators in

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Congress. It provides that whenever any lination of the Senator elect, then, within a tion might well be made then whether the person shall have been elected a Senator in certain time, and a short time after the Legis- | Legislature had not been notified of the death Congress, in the manner provided in the first lature sball have received notice of the death of the Senator-elect, and whether, according to section of the act to which this is an addition, or declination, it shall proceed to another elec- the literal provision of this act, the Legislature and shall have died or shall die, or reluse to tion. If the Legislature is not then in session, || from some indefinite time, when each and accept the office, before the commencement it inust be convened for that purpose according every member of it had been notified through of his term of office and during the session of to the requisition of the bill.

the newspapers of the death, would be required the Legislature by which he shall have been Mr. EDMUNDS. Allow me to correct my to convene for the purpose of electing another chosen, then the Legislature is to proceed, on friend from Kentucky.

Senator. the second Tuesday after it shall have notice Mr. DAVIS. I may not comprehend, as I I probably do not understand the provision of such death or refusal, to elect another per- am informed I do not, the provision of the as the honorable Senator who framed the bill son Senator in Congress in the manner pro- bill. I have been asking for a copy of it, and intended; but I think it is his fault, and not vided in the first section of the act to which

I cannot get it. If I were to read it probably mine. I do believe that the language is indisthis is an addition.

I could understand it. But that is my compre- tinct, vague, and very infelicitous, especially The Committee on the Judiciary reported hension of the meaning and effect of the for a gentleman of the acumen and learning of the bill with an amendment, to strike out in amendment adopted as in Committee of the the honorable Senator from Vermont. It ought lines five and six the words " or shall die;'! Whole, and if I understand it correctly I think to have been redrawn, and redrawn in better ia line six to add the letter "d"' to the word that is a conclusive objection to the measure. form. I think the honorable Senator from "* refuse;" in line seven to strike out the words

Mr. EDMUNDS. My friend from Kentucky Maryland [Mr. JOHNSON] ought to have this "aud during the session of," and in line eight is entirely mistaken as to the meaning of the bill referred back to his committee, and he to strike out the words " by which he shall bill as amended. It provides that where a take

up the pen and put it in shape. It cerhave been chosen as aforesaid, then said Legis- || Senator-elect shall die or refuse to accept, the tainly is a little obscure and a little difficult to lature;" so as to make the bill read:

Legislature at a certain time after it shall have | understand in the language in which it reads. That whenever any person shall have been elected notice of that fact shall proceed to elect again. Mr. DIXON. According to the construca Senator in Congress, in the manner provided in the first section of the act to which this act is an addi

Now, I will suggest to him that if such a fact tion of the Senator from Vermont, the bill tion, and shall have died or refused to accept said should occur during the recess of the Legisla- | only provides that the Legislature on receiving office before the commencement of his term of office, the Legislature shall proceed, on the second Tuesday bility have notice until they inet.

ture, the Legislature could not by any possi- notice of the death or refusal to accept shali after it shall have notice of such death or refusal, to

The bill proceed to a new election, and he says that elect another person Senator in Congress in the man

does not call on the Governor to convene an the Legislature cannot receive such notice per provided in the first section of the act to which extra session or do anything else. It says that unless it is in session at the time. On looking this act is an addition.

when the Legislature of the State have notice at the bill I think he is right. I do not see The amendment was agreed to.

that an office which they have once filled will how a Legislature can be informed of a vacancy Mr. JOHNSON. I was not here when the fail, because the person whom they have in the office of Senator unless that Legislature bill was reported by the honorable member elected bas declined or died, then they shall is in session. I suppose the object of this bill from Vermont, and I am not certain that I go on and elect over again. That is all it pro- is to provide for a case which is probably omitkuow what its contents are. I rise, therefore,

vides. It is a mere omission in the present ted in the first law. to ask him whether it takes from the Executive law. It does not require the Legislature to Mr. EDMUNDS. That is it exactly. of a State, where a vacancy occurs during the meet, but if they are met and receive notice Mr. DIXON. I have not examined the law; recess of the Legislature, the authority to they shall act.

but it is certainly a great omission if that law appoint.

Mr. DIXON. Will the Senator allow me has not provided for a second choice at the Mr. EDMUNDS. Of course not.

to suggest an amendment to this bill which same identical session of the Legislature. I Mr. JOHNSON. I ask that in reference to possibly may obviate all difficulty ?

did not suppose such was the case; but I am my own State, as our Legislature meets only Mr. ÉDMUNDS. There is no difficulty now. told that under the law the Legislature becomes biennially.

Mr. DIXON. I would insert after the word functus officio as to this function immediately Mr. EDMUNDS. The bill is only intended Legislature” the words “if in session.” upon having chosen a Senator, and cannot, in to provide for au omission in the present, law; || That will meet the objection. I understand case of his death or retusal, elect another. so that if a vacancy happens by the death or that now the law does not provide for any new This provides for that case, as I understand ; declination of the person elected if the Legis- || choice in the case of the death or refusal to and it that is the object the bill is perfectly lature have not yet adjourned they may pro- accept of the person elected. The Senator

proper. ceed to elect and fill it. It does not interfere says the Legislature cannot act unless in ges- Mr. EDMUNDS. That is the whole purpose. with the executive power of appointment as it sion, because they cannot be informed unless Mr. DIXON. I do not say that it is not now exists.

in session. Then why not put in the bill the proper in other respects. Now, as to the LegisThe bill was reported to the Senate as amend- words 'if in session ?''

lature receiving notice, some States have one ed, and the amendment was concurred in.

Mr. EDMUNDS. The objection to that is mode of calliug a session, and some another. Mr. DAVIS. I ask for the reading of the that it would make the law, if my friend will In Connecticut, I think, the Legislature can bill as amended.

pardon me for saying so, appear almost ridic. only be summoned by the Governor unless they The bill, as amended, was read.

ulous on the face of it. The idea of a Legis- | themselves provide for it by an adjournment. Mr. vis. I would suggest one difficulty | lature, which is a corporate body, which has But I must confess, with that understanding, in relation to this bill. If the Legislature of no existence as a Legislature until it is met in if that is the meaning of the bill, I see no the State is not to convene in its regular or its hall, being spoken of as a Legislature bav. objection to it, and I do not think it will be adjourned session until after there shall have ing notice if in session, as if it were possi- necessary to make the amendment that I sug. been a session of Congress, and of the Senate, ble that it could bave notice otherwise, is a gested. it would be a very great expense and incon- | species of law.making that I for one would Mr. SPRAGUE. I desire to call the attention venience to convene the Legislature expressly prefer to be excused from going into. The of the Senator having charge of this bill to a proto make such an election.

bill is not open to any dispute, when you look vision in the original law that acts very inconMr. STEWART. It does not require that. into it, now.

veniently for the Legislature of my State in its Mr. DAVIS. It does from the reading Mr. DAVIS. If the amendment is intended election of a Senator. We bave two sessions of it.

to have the meaning just expressed by the hon- | each year, one for the purpose of organization Mr. STEWART. No, sir.

orable Senator from Vermont, it is certainly in the spring, and the other in the winter for Mr. DAVIS. It provides that the election worded, I think, with a good deal of infelicity. || legislative business. The Legislature meets and shall be made by the Legislature. The bill, as amended, provides—

organizes on Tuesday at the spring session, and Mr. CONKLING. Will the Senator allow That whenever any person shall have been elected has always adjourned each year on the following me? a Senator in Congress

Friday, only using the week for organization Mr. DAVIS. Let us have the bill read I should say '' to Congress” myself; I would | preparatory to legislative business in the win. again.

point that out as one of the infelicities of the ter. Now, by the provision of the original The bill, as amended, was read. bill

law they are required to meet on the second Mr. OONKLING. Will the Senator from in the manner provided in the first section of the Tuesday after the organization, in the case of Kentucky be kind enough to tell me whether

act to which this act is an addition, and shall have an election of a Senator, and recently they

diedthere is any precedent or authority under which

I will confine it to that case

were compelled to adjourn over for two weeks, the Governor can appoint to fill an office of

which was very inconvenient for our farmers. which no person has ever been the incumbent? bofore the commencement of his term of office, the They desire to have an effort made to modify

Legislature shall proceed, on the second Tuesday In other words, if a Senator-elect dies or de- after it shall have notice of such death, to elect that act, so that the election shall be held on clines before he receives his office, so that in another person Senator in Congress.

the Tuesday after the organization and meettruth be was never in it, can the Governor fill I understand from the honorable Senatoring of the Legislature. Therefore, I suggest that vacancy?

that the Legislature can only be notified when to the Senator from Vermont to allow an Mr. DAVIS. I have not examined that it is in session. If that be his meaning and amendment to be made of this cbaracter: that question; but the statement of the Senator | the meaning of the bill, it might have been when the Legislature of a State meets and does not reach the objection I made at all. I much better and more distinctly expressed. | organizes on Inesday it shall be lawful to elect understand this to be the provision of the bill: Every member of the Legislature, when the a Senator the Tuesday following. That would whenever there is not a Senator in the cases Legislature was in recess, might be informed meet our case, and would not interfere, in my provided for by it, by reason of death or dec. of the death of the Senator elect, and a ques. 11 judgment, with the regular working of the law.



Mr. EDMUNDS. I hope my friend from perhaps, that are not provided for in existing those credentials presented by the Senator front Rhode Island will not offer or insist upon that laws, and as I examined the bill in the Com- Kentucky on the table; and I call for the amendment. This same subject was discussed mittee on the Judiciary I could not see any question. when the law was passed two years ago, and serious objection to it. There is no danger of Mr. DAVIS, Mr. President the very large concurrence of opinions then the Governor calling the Legislature together The PRESIDENT pro tempore. That is not was that the most satisfactory and feasible to fill a vacancy which he may fill himself. I a debatable motion. The rule is that when a method was to adjust it in the way that the law do not think there is any danger of usurpation paper is proposed to be read, if the reading is

on the second Tuesday after the meeting || in that direction. Therefore, I thought i: objected it can only be ordered by a vote of of the Legislature, which would carry it usu- proper to support the bill, although the occa- the Senate; but the motion now is to lay the ally about ten or twelve days into the session. sion for this legislation may not arise very

paper on the table. It was thought just and right, as a matter of frequently.

Mr. DAVIS. I suppose there is no motion political expediency-and I use the term in its The bill was ordered to be engrossed for a before the Senate except the motion to swear appropriate, and not in its party sense—that third reading, was read the third time, and in the Senators whose credentials have been members of the Legislature should have an passed.

presented by my honorable friend from Neopportunity to consult with each other as to


braska. I move that the credentials which he the person whom they would honor by the ap

Mr. THAYER. I present the credentials

offers and the credentials which were presented pointment to represent their State, and there. of the Senators-elect from the State of Arkan

and received by the Senate two years ago, and fore that the election ought not to be brought sas, Mr. Rice and Mr. McDonald, and ask that

which are on the files of the Senate, be referred on immediately on the meeting of the Legis. they be read, and the oath of office adminis

to the Committee on the Judiciary, that that lature. If you were to have it at an earlier tered to them.

committee may report which class of Senators time, say the first Tuesday after the notice, or The Chief Clerk read the credentials, as

are the first Tuesday after the meeting, it might

The PRESIDENT pro tempore. The quesfollows: sometimes happen that it would be the very STATE OF ARKANSAS, to voit:

tion is on laying the papers proposed to be read next day, or even the first Tuesday of the meet

The General Assembly of this State, assembled

on the table, and the motion is not debatable. ing, the very day; so that the more the thing under the provision of section two of article five of

Mr. CON KLING. I rise to make an inquiry was discussed two years ago the more it seemed the constitution as adopted by the convention on the of the Chair. If these papers which it is prothat the law should be left as it was left

11th day of February, A.D. 1868, a copy of which is proper hereto annexed, having on the 15th day of April, A.

posed to lay on the table are before the Senate, in the statute. I know that in the State of

D. 1868, in pursuance of an act of Congress entitled they are offered, I take it, in connection with Rhode Island it is somewhat inconvenient, but "An act to regulate the times and manner of holding the other credentials or as a substitute; and I these elections only happen once in six years,

elections for Senators in Congress,'' approved July
25, 1866, chosen Alexander McDonald a Senator of

inquire of the Chair whether, if we lay them and where the Legislature of Rhode Island the United States for the term ending on the 4th day on the table, it carries the whole subject on the as I hope they may continue to do-go through of Marc'ı, A. D. 1871.

table or not? so agreeable an occupation as they have re

Therefore we, John N. Sarber, president pro tempore of the Senate, and John G. Price, Speaker of

The PRESIDENT pro tempore. The Chair cently in meeting again for the purpose of the House of Representatives, do hereby certify the

cannot determine that there is any connection unanimously returning my friend, I am sure it same to the Senate of the United States.

between the two sets of papers. The motion, ought to be rather a jubilee than a burden. I

Given under our hands this 15th day of April, A.
D. 1868.

if it prevails, will carry the papers embraced hope my friend will not insist on the amend.


in the motion to the table. ment.

President pro tempore of the Senate.

Mr. CONKLING. The Senator from Ne Mr. DIXON, I beg leave to make one addi

Speaker House of Representatives. braska moves that these gentlemen be sworn tional suggestion to those I have already made,

in, and presents the papers on which that act and I ask the attention of the Senator from STATE OF ARKANSAS, to wit:

sball be grounded. The Senator from KenVermont who reported the bill. This bill, The General Assembly of the State, assembled under tucky offers other papers in connection with it seems, is to provide for an omitted case, the provisions of section two of article five of the con- these ; and now the motion is to lay them on

stitution as adopted by the convention on the 11th where the law provides for an election and the day of February, A. D. 1868, a copy of which is berete

the table. I should have some doubt, it seems Senator-elect is supposed to have died or to annexed, having, on the l5th day of April, A.D. 1868, to me, if I were in the Chair, if the papers have refused to accept. It strikes me, on a in pursuance of an act of Congress entitled "An act

were before the body, as I do not suppose little further reflection, that although that may

to regulate the times and manner of holding elec-
tions for Senators in Congress," approved July 25,

they are, in holding that the motion to lay on be called an omitted case, it does not leave the 1866, chosen Benjamin F. Rice a Senator of the United the table could prevail without carrying the Legislature functus officio by any means. It States for the term ending on the 4th day of March, whole subject.

A. D. 1873. is a case in which the Congress of the United Therefore we, John N. Sarber, President pro tem

Mr. HOWARD. The Senator from New States, having power to make rules and regu- pore of the Senate, and John G. Price, Speaker of York will understand that my motion related lations with regard to the election of Senators, the House of Representatives, do hereby certify the only to the credentials offered by the Senator has failed to act at all. It is a case in which

same to the Senate of the United States.
Given under our hands, this 15th day of April,

from Kentucky, and not to the others which no law has been passed. That, I think, on A. D. 1868.


bave been read. Now, sir, if my motion to reflection, is the situation of it. A Senator has

President Senate pro tempore. lay on the table is in order, I object to any been elected under a law of Congress in the

JOHN G. PRICE, further debate, and ask for a vote upon it. supposed case. A vacancy occurs. There is

Speaker House of Representatives. Mr. CONKLING. Mr. President, I rather no existing law of Congress. What then ? Is The PRESIDENT pro tempore. Those gen- think we are entitled to a ruling from the the Legislature deprived of its power to elect tlemen will advance to the desk

Chair, and to the opinion of the Chair, whether a Senator? It can go on and elect a Senator Mr. DAVIS. Mr. President, I hold in my the gentleman objects to it or not. under its own law and its own regulations,

hand the credentials of two other gentlemen The PRESIDENT pro tempore. The SenaCongress having failed in that case to make a for the same office of a prior date. I will ask tor from New York rose to a question of order. rule or regulation or alter a rule or regulation. || the Clerk to read them.

That is proper, but it is not debatable. I doubt whether Congress has the power to The PRESIDENT pro tempore. They will Mr. CONKLING. I rose for that purpose, deprive the Legislature of the power to act in be read if there be no objection.

and I beg to submit to the Chair a suggestion. such a case as ibat.

Mr. HOWARD. Before the reading of In words the motion was of course confined to Mr. EDMUNDS. I agree to all that. those credentials I should like to understand certain papers, which I submit are not before

Mr. DIXON. Therefore, although I have from the Senator from Kentucky what was the the Senate, and therefore not the subject of no objection whatever to this bill, and I do not authority under which the credentials he has such a motion ; but if they are, they are before say that it is not proper, and that it may not be now presented were issued ? Who are the us in connection with the credentials first pre. the best way to regulate it, still I do not think men? By whom were they selected, and when? | sented, and I submit that the effect of the there would be an impossibility of action on Mr. DAVIS. The credentials upon their motion would be to carry all the papers on the the part of the Legislature in such a case. face will show that. They have been on file table. I suggest, however, that the papers to

Mr. EDMUNDS. I agree to that entirely. in the office of the Secretary of the Senate for which the motion of the Senator from MichiBut the same reason which produced the oritwo years.

gan applies are not before the Senate at all. ginal law ought to produce this completion of Mr. HOWARD. I suppose the matter rests The PRESIDENT pro tempore. It is imit. If the different branches of the Legislature right here: that the two persons whose names possible for the Chair to determine that there were of different political views, they might be are mentioned in the credentials just presented is any connection between these papers. We unable to meet but for a regulation which this || by the Senator from Kentucky are persons have not heard them ; we do not know what act of Congress in 1866 was intended to pro. elected under the Johnson Government; under they relate to. The reading of them

is objected vide, to cause the representatives of the State his proclamation of 1865. Is not that the case, to. The Senator from Kentucky asks that under the Constitution to meet and elect; and I will inquire of the Senator?


papers be read ; that is objected to; this bill is only a completion of that. I agree Mr. DAVIS. Mr. President, the papers, if and we know nothing about any connection to the law that the Senator lays down.

read, will tell exactly how the fact is, and that between them and other papers. Mr. DIXON. I understand the Senator to will prevent any discussion of the question of Mr. SHERMAN. I rise to a question of say that the Legislature would not be deprived | their contents between the Senator and myself. order. A motion is made to lay certain papers of the power to act.


propose that the Clerk shall read them, that on the table. Any Senator has a right to have Mr. EDMUNDS. Yes, sir; I say that. the Senate may be possessed of their contents, them read to know how to vote on the ques. Mr. HENDRICKS. At first. I thought this and I then propose to make a motion,

tion of laying on the table. He has a right to bill was not necessary; but there are one or Mr. HOWARD. Indubitably the fact is as ask that the papers may be read so as to two cases that may oecur, not likely to occur, I stated, and therefore I move now to lay inform himself what they are in order to decide

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