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The matter has been referred to the commit- tions bave carefully examined the credentials Astell, Baker, Banks, Barnes, Barnum, Benman,
Benjamin, Bingham, Bromwell, Burr, Cake, Cary, tee, and the House is functus officio on that of Logan H. Roots, James Hinds, and Thomas
Churchill, Reader W. Clarke, Cook, Dawes, Delano, subject for the present. The committee has Boles. They find the credentials in proper Dodge, Donnelly, Eldridge, Farnsworth, Finney, the custody of the case of the so-called mem- form and signed by the proper certifying offi
Fox, Glossbrenner, Gravely, Halsey, Hopkins, Asa
hel W. Hubbard, Richard D. Hubbard, Hulburd, bers from Arkansas ; and under the resolution cers, and have unanimously instructed me to
Hunter, Jones, Kitchen, Laflin, William Lawrence, of the House it is not in order for the commit- report the following resolution, on which I Lincoln, Lorn, Marshall, McCullough, McKee tee to report. Only the Committee on Enrolled demand the previous question :
Moore, Morrell, Morrissey, Mungen, Nunn, Perham,
Selye, John Bills can report during the pendency of the tax Resolved, That the oath of office be now adminis
Trimble, Van Aernam, Van Auken, Burt Van Horri, bill. tered by the Speaker to Hon. Logan H. Roots, Hon.
Robert T. Van Horn, Stephen F. Wilson, and The SPEAKER. The Chair overrules the
James Hinds, and Hon, Thomas Boles, Representa- Wood-60.
tives-elect of the State of Arkansas. point of order raised by the gentleman from
So the resolution was adopted. New York upon the ground stated in the
Mr. BROOKS. I now move to reconsider During the vote, remarks which the gentleman has read from
the vote by which these credentials were re- Mr. GETZ stated that his colleague, Mr. the Globe, and which were, at least, tacitly ferred to the Committee of Elections.
GLOSSBRENNER, was paired with Mr. Cake. assented to by the House, and also, upon an Mr. SCOFIELD. I move that the motion
The vote was then announced as above additional ground, which the Chair will state. to reconsider be laid on the table.
recorded. There are two classes of questions of privilege
Mr. BROOKS. I do not yield the floor. Mr. SCOFIELD moved to reconsider the which cannot, in the opinion of the Chair, be
The SPEAKER. The motion to reconsider
vote by which the resolution was adopted; and set aside by any resolution of the House. The is not debatable while the call of the previous | also moved that the motion to reconsider be first are messages from the President of the question is pending. The rule on page 163 of
laid on the table. United States returning bills with his objec
the Digest, which applies more particularly to The latter motion was agreed to. tions to the House in which they originated. hills, but covers this same point, will be read
Mr. SCOFIELD. The Arkansas members The Constitution requires that those objections by the Clerk. shall be entered upon the Journal, and that the
The Clerk read as follows:
are now present, and I move that they be
sworn in. House shall proceed to the consideration of
"It is in order, oven pending the demand of the Mr. BROOKS. Before that is done I do the same. That is the imperative requirement reconsideration of the order of engrossment, But previous question on the passage of a bill, to move a
not avail myself of the parliamentary opporof the Constitution. The second class of ques- of course, if moved at such a time, it is not debat- tunity to again offer the protest to their adtions of privilege are those relating to election | able.”
mission, because I believe it is the understandcases; and the reason these are questions of
The SPEAKER. After the bill has been ing on the other side of the House, after the the highest privilege except veto messages of engrossed, when the question is on the pas. members are sworn in, opportunity will be the President is that the most imperative duty sage, it is still in order, if the previous question afforded to me to present it. which can devolve upon a legislative body is is moved on the passage, to move to reconsider A MEMBER. I object. to ascertain who are its members. All those the engrossment, which is to be taken before Mr. SCOFIELD. I have no objection to who are really entitled to seats upon this floor its passage, and as the Digest says, it is not the gentleman presenting his protest after we as members have the right to vote upon every debatable.
get through with this, that is if it is a respect proposition coming before the House. It is Mr. BROOKS. I bow to the decision of ful protest, as I presume it is. upon this ground that all Presiding Officers, the Speaker. Let me say to the gentleman Mr. LQGAN H. Roots, Mr. JAMES HINDS, during the whole history of the Government, from Pennsylvania, what I wish is this : in and Mr. THOMAS Boles then presented them. have recognized reports from the Committee behalf of forty-five Democratic members of selves, and were duly qualified. of Elections as questions of the highest privi- this House, I wish to say we have prepared a The SPEAKER. The gentleman from Ohio lege, which can be presented at any time when protest against the admission of the Arkansas is entitled to the floor on the tax bill. there is no other business before the House. members, a respectful protest, and we throw
Mr. KERR. I wish to submit a resolution. When such reports are presented they are sub- ourselves upon the courtesy of the House Mr. SCHENCK. I am willing to yield for ject to the control of the House, which can,
and ask that it may be received and spread ten minutes while the House is filling up. of course, lay them upon the table, recommit upon the Journal.
Mr. KERR. I wish to present a resolution them, or postpone them. But the right to pre- Mr. SCOFIELD. The gentleman can sub- which will give rise to no debate. sent reports from the Committee of Elections mit it whenever he has an opportunity under Mr. SCHENCK. I desire to say in regard tipon the cases of persons claiming to be enti- the rules, but I will yield nothing at this time. to the protest that I have no objection to its tled to seats as members and to vote on all I move to lay the gentleman's motion on the being introduced if the gentleman presenting propositions is a right that no rule or resolu- table, and demand the previous question.
it will say that it is in no way disrespectful to tion of this House can set aside.
Mr. BROOKS. Let me suggest that when the House or disparaging to its action. Mr. BROOKS. I do not dispute the right forty odd members of the House have prepared Mr. BROOKS. The best authority I can of the Committee of Elections under ordinary a respectful protest and wish to present it, the give for that is the signature of forty members circumstances to present, as a question of priv- gentleman avoided from his parlimentary ex- of the House. ilege, a report on an election case. But the perience, well knows it cannot be, in this way, Mr. SCHENCK. The gentleman will under point I make is that the House bas, by unani- It can be presented in a variety of ways, and stand me. I am unwilling to have the special mous consent, changed the order of business, it will go before the public and be read by the
order put out of the way for anything. Thereand ordered that during the pendency of the public. It cannot be suppressed. tax bill no reports from committees shall be Mr. SCOFIELD. Whenever it is in order || protest if it requires a division of the House or
fore I cannot yield for the gentleman to offer & in order except reports from the Committee for the gentleman to present bis protest I have will occasion debate, If it is a proper paper on Enrolled Bills; and it is this point to which nothing to say. I wish to call the attention of the Chair.
Mr. BROOKS. I withdraw the motion.
to be presented I have no objection to its being
introduced, ordered to be printed, and brought The SPEAKER. The Chair, for the reasons The previous question was seconded on the he bas already stated, overrules the point of resolution, and the main question ordered.
up at any time hereafter as the will of the House may determine.
i order. It is of course within the power of the Mr. KERR, Mr. BROOKS, and Mr. WOODHouse to lay upon the table, recommit, or WARD demanded the yeas and nays.
Mr. BROOKS. It would lead to no division
because it is a mere protest, calling for no postpone the report of the Committee of Elec- The yeas and nays were ordered, tions; but if these gentlemen, whose cases the The question was taken ; and it was decided by every Democratic member, and I will add
action on the part of the House. It is signed committee now report upon, are really entitled in the aflirmative-yeas 102, nays 27, not voting that it contains no personal allusion to any to seats on this floor, they have the right to vote 60; as follows:
member, and, so far as I am able to judge, it is to-day,
YEAS-Messrs. Allison, Ames, Anderson, Arnell,
not disrespectful to the majority of the House. Blaine, Blair, Boutwell, Broomall, Buckland, Butler,
Mr. SCHENCK. Let it be entered on the me to make a motion to reconsider the vote by Sidney Clarke, Cobb.Coburn,Cornell. Covode, Cullom, Journal and printed. which the cases of these so-called members Dixon, Driggs, Eckley, Eggleston, Ela, Eliot, Ferriss, from Arkansas were referred to the Committee Ferry, Fields, Garfield, Griswold, Harding, Jawkins,
Several MEMBERS. Let it be read.
Mr. SCHENCK. Gentlemen around me of Elections ?
Jenckes, Judd, Julian, Kelley, Kolsey, Ketcham, desire to have it read.
Several members objected.
Mr. SCHENCK. Let it be printed in the FIELD) is on the floor.
Newcomb, O'Neill, Orth, Paine, Peters, Pike, Pile, Globe to-morrow, and we will then see what Mr. BROOKS. Is not that à privileged | Plants, Poland, Polsley. Pomeroy, Price, Robertson, it is. I do not wish to stop the course of the motion which I have the right to make? Spalding, Starkweather, Aaron F. Stevens, Thaddeus | regular order for the purpose
of reading a long The SPEAKER. Not while the gentleman Stevens, Stewart, Stokes, Taffe, Taylor, Thomas, Trowbridge, Twichell, Upson, Van Wyck, Ward, Cad
paper. from Pennsylvania is on the floor, unless he walader C. Washburn, Elihu B. Washburne, Henry
Mr. INGERSOLL. The gentleman says it yields for that purpose.
D. Washburn, William B. Washburn, Welker, WilMr. SCOFIELD. I do not yield.
will not require more than ten minutes to read liain Williams. James F. Wilson, John T. Wilson, it. I ask to have it read. The SPEAKER. Unless the motion to re- Windom, and Woodbridge-102. NAYS – Messrs. Adams, Beck, Boyer, Brooks,
Several members objected. consider was laid on the table yesterday, the Clanler. Getz, Golladay, Grover, Haight, Holman. Mr. KELSEY. I call for the regular order. right to make the motion to reconsider will Hotchkiss, Humphrey, Johnson, Kerr, Knott, McCoraccrue whenever any gentleman can obtain mick, Niblack, Nicholson, Phelps, Robinson, Sit
The SPEAKER. If the regular order is greaves, Stone, Taber, Lawrence S. Trimble, Van
insisted upon the House will immediately rethe floor to make it.
Trump, Thomas Williams, and Woodward--27. solve itself into Committee of the Whole on Mr. SCOFIELD. The Committee of Elec- NOT VOTING-Messrs. Archer, James M. Ashley, the special order.
Mr. KELSEY. I withdraw the call to allow order to execute those military decrees, and as the probibit the producing of alcohol in a distillery by
surer way to root out every vestige left of constitu- primary continuous distillation. the gentleman from Indiana [Mr. Kerr] to
tional law or liherty. The same General of the Army, introduce a resolution. in order to prolong or perpetuate his military doin
Mr. GARFIELD. This proposition is an old Mr. HARDING. I renew the demand for ination North and West as well as South, has been acquaintance in this House. It was offered by
selected in party convention at Chicago to head the the regular order. electoral vote for the Presidency in ten of our States
the gentleman from Illinois (Mr. HARDING) at The SPEAKER. The Chair understands wbich are as much under bis feet as Turkey is under
the first session of the Thirty-Ninth Congress, that the protest is received, and will be entered the Sultan or Poland under the Czar of Russia. But, and was rejected. It was offered in the second
as if only to add insult to the injury of this military on the Journal and printed in the Globe;
session of the Thirty-Ninth Congress, and atter outrage upon popular government in these ten ARKANSAS MEMBERS-PROTEST.
States, either by act of Congress or by these Con- full debate, the gentleman from Illinois speak
gress-soldier-made State constitutions, at least two The recognized presence of three persons on the
ing in its favor, it was rejected without a divishundred and fifty thousand whites have boen disdoor of this House from the State of Arkansas, sent
ion. So that this is the third time that this franchised, while seven hundred and fifty thousand here by military force acting under a brigadier
negroes, inexperienced in all law making, and more proposition has been brought before the House, general of the Army, but nevertheless claiming to
ignorant than our children, have been enfranchised and I hope it will be rejected as before, without be members of this Congress, and to share with us,
in their stead, and have thus been created absolute the Representatives from free States, in the imposimasters and sovereigns over the whole wbito popu
a division. tion of taxes and customs and other laws upon our peolation of the South.
Mr. PAINE. I move to strike out the last ple, makes it our imperative duty in this, the first case,
Because of all this, and in opposition to all this, word of tlre amendment. to remonstrate most solemnly, and to protest as sol
we, Ropresentatives of the people from the free emnly, against this perilous and destructive innovaScates, in behalf of our constituents and of thou
Mr. SCHENCK. Before the gentleman protion upon the principles and practices of our hitherto
sands and tens of thousands of others who would be ceeds, I ask the gentleman from Illinois (Mr. constitutional self-government. The so-called reconstruction acts which created the military govern
here represented if the popular power without could | HARDING] whether he will not be as well satis
now constitutionally act here within, earnestly and menų in Arkansas and like governments in other solemnly protest against this violence upon our Con
fied to offer that amendment at the end of secsouthern States to share with us in the legislative
stitution and upon our people, and do hereby coun- tion eleven, where it more properly belongs. power of the worthern and western free people we
sel and advise all friends of popular government to have every reason to believe have been held to be
Mr. HARDING was understood to decline. submit to this force and fraud only until at the balunconstitutional by the Supreme Court of the United lot-box, operating through the elections, this great
Mr. PAINE. It is notsufficient for me that States, the public declaration of which fact was
wrong can be put right. There is no law in the land the gentleman from Ohio should inform the avoided only by the extraordinary and strange device
supreme over the constitutional law. There is no House that to him this is an old acquaiutance. of this Congress in snatching jurisdiction froin the
government but constitutional government; and courtin the McCardlo case when such a public decision was about to be made. hence all bayonet-made, all Congress-imposed con
It does not satisfy me to be told that under stitutions aro of no weight, authority, or sanction, some former state of the law the Committee of of the three great branches of the Government it
save that enforced by arms, an element of power seems, then, that after the Executive vetoed these
Ways and Means, or even this whole House, unknown to Americans in peace, and never recogacts as unconstitutional, the judiciary adjudicated nized but as it acts in and under the supreme civil
rejected it. He must do more than that to them to be so, while a Congress, the creation of but | law, the Constitution, and the statutes enacted in
convince me that the amendment of the gen. twenty-seven of the thirty-seven States of the Union, overrides these equal and coördinate branches of that
pursuance thereof. We protest, then, in behalf of tleman from IHinois (Mr. Harding] ought to Government, first by voting down the vetoes, next
the free people of the North and the West, against
be rejected. He must give me some reason by nulsifying the judgments of the court! In an cra Arkansas or elsewhere in the now reënslaved States for rejecting the amendinent. He has not done of p.ofound peace, when not an armed man rises against the Government from the Potomac to the
of the South to impose upon us, through Congress, it, and I undertake to say that he cannot do it.
taxes or customs or other laws to maintain this Rio Grande, there, in ten States, our American hisoligarchy or its Freedmen's Bureau. Wo protest
It may be true that under the law as it formtorical way of creating the organic law has been utterly 'subverted by the bayonet. Ever since the
against going into the now proposed copartnership erly stood there was good reason for refusing Declaration of Independence, with scarcely an ex
of military dictators and negroes in the administra- to the distillers the right by continuous distillaception, and even amid the battles of the Revolution,
tion of this Government. We domand, in the name
tion in their own distilleries to bring up distilled conventions have been convoked through, and constitutions created by, the electors of the States, the
of posterity, not its reconstruction, but the restora- spirits to the grade of alcohol. But under the only authorized depositaries of the sovereign power tion of that sacred instrument which has been to us
provisions of this bill, under the law as it will of every State without exterior dictation or domina
all a pillar of fire from 1787 on to its present overtion, as well under the old confederation as under throw; and in all solemnity, before God and man,
stand if this bill passes, the gentieman can the existing Federal Constitution. The hardest and
under a full sense of the responsibility of all we find no reason upon which to base his opposi. harshest test-oath required from 1766 to the peace of
utter, we do hereby affix our names to this protest tion to this amendment, and the chairman of 1783 was an abjuration oath of allegiance to Georgo against the admission of these three persons claim
the Committee of Ways and Means will not say III, while some of the now so-called bayonet-mado
ing to be members of Congress from Arkansas. constitutions from the South propose absurd and
to this House that there is in this bill any
JAMES B. BECK, cruel tests, absurd as in Arkansas, where is inter
objection to this amendment, or anything in woven in the organic lawa mere party test between the
P. VAN TRUMP Radical reconstructionists and the Democratic con
CHAS. A. ELDRIDGE,
conflict with it. Nor can any member of the servatives, such as would exclude from voting, ifliving
SAMUEL J. RANDALL, committee give to this House any reason,
W. MUNGEN, there, the thousands and tens of thousands and hun
founded on facts of the case under this bill, dreds of thousands of Democrats in the free States,(art.
STEPHEN TABER, 8, sec. 4,) or cruel, as in Alabama, where no white man
ASA P. GROVER,
why this amendment should not be adopted. can vote who will not forever forswear his own race
L. S. TRIMBLE,
Common sense requires that distillers should
GEORGE M. ADAMS, and color, and perjure himself by swearing in defi
have the right, if they see fit and are able, to ance of the law of God that the negro is his equal
A. J. GLOSSBRENNER,
carry the spirits up to the grade of alcohol in and forever to be his equal at the ballot-box, in the
JOHN A. NICHOLSON, jury-box, with the cartridge-box; in the school, in
one continuous process of distillation. They
JOHN MORRISSEY, the college, in house and home, and by the fireside;
will pay all the tax in that case which they will in short, in every way, everywhere, (art. 7, sec. 4.).
THOS. LAURENS JONES,
be required to pay in any other case; and no Now in these and the other southern States in the
JULIUS HOTCHKISS, midst of war President Lincoln, in his proclamation,
one has so far given, I think no one can give, December 8, 1863, offered amnesty and pardon to
WM, HI. BARNUM,
any good reason why distilled spirits should rebels then in arme, if they would lay down their
JOHN W. CIANLER,
be necessarily and always withdrawn from the arms and take an oath of fidelity, while now, not a Union man in Arkansas or Alabama can vote unless
S. S. MARSHALL,
distillery and be rectified at some other place.
W.S. HOLMAN, in the first place he swears allegiance to the majesty
Now, sir, I have no especial interest in this of this Congress, and in the next swears off his
matter; no constituent of mine has any to my Americanism and Africanizes himself. Hitherto constitutions with us have been the outgrowth of
J. PROCTOR KNOTT, knowledge; but I am not satisfied to be told
J. S. GOLLADAY, popular life, springing from the exuberance of our
that this amendment is an old acquaintance of
J. M. HUMPHREY. enterprise and energy in the settlement of the forests
FERNANDO WOOD, the gentleman from Ohio. My recollection of or prairies of our country; but here, before us now, are nine constitutions, with one if not three more
J. LAWRENCE GETZ, the history of this matter is moreover very
F. STONE, yet to como from Texas, which have all been imposed
different from that of the gentleman from upon the people by five military satraps or pentarchs,
M. C. KERR,
Ohio. My recollection is entirely in accordin a manner never before known under our law, but borrowed at best from imperial Roman military colo
JAMES A. JOHNSON, ance with that of the gentleman from Minois, dization, or from the worst precedents of the French
JOHN V. L. PRUYN,
[Mr. HARDING,] who moved this amendment, revolution. France is then recorded to have had
W. E. ROBINSON,
that this House inserted this provision in the five constitutions in three
years, go frequently made and so frequently changed that they were ironically
GEO. W. WOODWARD, bill, but I know not what became of it in the
CHAS. E. PHELPS, literature of the day. Louisiana, a colony of that classed by the French people with the periodical
Senate. But if it is true, if it ever has been
A.G. BURR, France, has had four constitutions in four years, and
D. M. VAN AUKEN,
true, that in any state of the law, under any
J. R. McCORMICK, & constitution there has now become periodical liter
regulations that were in force for the collec
DEMAS BARNES, ature, as in France, in the agonies and throes of tho
tion of the tax, that this would have embargreat revolution. 'Laws, mere statute laws, which
JAMES M. CAVANAUGH, can never be created by conventions, are appended,
LEWIS W. ROSS,
rassed that collection, there is, so far as I can more or less, to all these constitutions, and bayonet
see, no objection as the bill now stands, as the created, one-branch governments, with no Execu
INTERNAL TAX BILL.
law will stand if this bill is passed ; and I call tive, no senate, no hause of representatives, no judiciary bave ordained irrepealable, irreversible laws
The House, under the order heretofore made, upon the chairman of the Committee of Ways in the very organism of the State, such as cannot be
resolved itself into the Committee of the Whole and Meads to inform the House whether, in thus created by the Executive, the senate, and the
the law as it will stand when his bill is enacted, house of representatives of legitimate governments
on the state of the Union, (Mr. Blaine in the When acting in unison and all combined. All this
chair,) and resumed the consideration of the there is to be found any reason why this has been done, without regard to preceding constibill (H. R. No. 1284) to change and more
amendment should not be ingrafted upon it? tutions or precedents, or to the common law of the States or the law of nations.
effectually secure the collection of internal I yield him the remainder of my time, to enThe military, which, under legitimate institutions, taxes on distilled spirits and tobacco, and to able him to inform the House on this subject.
Mr. SCHENCK. In answer to that appeal can only be used in time of peace to conserve or pre
amend the tax on banks. serve
the State, have here been used to destroy States. The General of the Army, who represents the sword,
The pending question was on the amend- I will state precisely what my understanding
ment of Mr. Harding, to add, at the end of is. By the eleventh section of this bill it is alted by acts of Congress above the constitutional section ten, the following:
provided, substantially as in the present law, Commander-in-Chief of the Army and Navy, in
Provided, That this act shall not be deemed to that no other business than distilling shall be 40TH Cong. 2D SESS.-No. 216.
carried on within a distillery with the excep- fect alcohol, or something a little short of per, heit; and the Commissioner of Internal Revenue, for tion of the manufacture of galeratus and the fect alcohol-into how many kinds of liquor I the prevention and detection of frauds by distillers
of spirits, is bereby autborized to adopt, procure, grinding of grain into meal. I understand do not know, into what other marketable com- and prescribe for use, at the expense of the United that it is claimed at the Department that to modities I cannot tell-it seems to me that we States, such hydrometers, saccharometers, weighing double over, to redistill by successive and con- allow a process in every particular as danger
and gauging instruments, meters, or other means for
ascertaining the quantity, gravity, and producing tinuous distillation, is really the carrying on of ous as the process of rectification would be in
capacity of any mash, wort, or beer used or to be a second business in the distillery, and on that the very still-house itself.
used in the production of distilled spirits, and the ground they have decided that it cannot be It is on that ground that the Committee of strength and quantity of spirits subject to tax, as he
may deem necessary; and he may prescribe rules and done. I do not myself, I confess, see any Ways and Means have for two years steadily
regulations to secure a uniform and correct system objection to this redistillation, provided nothing resisted allowing this process, and now that of inspection, weighing, and gauging of spirits. And is produced but alcohol. But if there be in committee very properly say that a rectifying
in all sales of spirits hereafter made, where not other
wise specially agreed, a gallon shall be taken to be a this process anything equivalent to the recti- establishment shall be at least six hundred feet
gallon of proof-spirit, according to the foregoing fication of whisky, there will be an escape then away from the distillery, and yet it is proposed standard set forth and declared for the inspection from the special tax the rectifier has to pay. to put into this bill a proposition which allows
and gauging of spirits throughout the United States. Our object is to get a special tax from the dis- | just as dangerous a process as rectification to
Now, that is all there is about it; and there tiller on every barrel he produces of proof-l be performed in the very still-house itself. I
is no more chance of fraud in allowing them to whisky, and then from the rectifier a further || hope the amendment will be rejected.
run up their wines above " proof than to special tax for rectification.
The CHAIRMAN. Debate is exhausted,
compel them to ship one and a half barrels Mr. INGERSOLL. I desire to inquire of Mr. PAINE. I withdraw my amendment
when they could ship over the railroad one the chairman of the Committee of Ways and to the amendment.
barrel containing the same number of 'proof” Means
Mr. INGERSOLL. I renew the amend
gallons at a saving of an immense amount to Mr. SCHENCK. As this thing appears to
ment. There is nothing in the least danger- western manufacturers in the cost of transportme, it is only a process of continuous distilla. ous about this proposition. I wish to call the ation from Peoria to New York. tion, equivalent to redistillation, so as to preattention of the committee to some of the
[Here the hammer fell.] vent the production of alcohol in the ordinary facts about the manufacture of high wines in distilleries of the country. the West. By this bill proof-spirit” is re
Mr. LOGAN. Mr. Chairman, I desire to Mr. HARDING. I desire to ask the gen- quired to be of the specific gravity of about
state one objection to this, and to say that the tleman nine tenths of that of pure water. A gallon mises. There is nothing in this bill to prevent
gentleman from Illinois is mistaken in his preMr. SCHENCK. I do not think there is of high wines, wine measure, of that specific
a man having an alcohol column in his distill. any rectification in it. gravity, is made the standard gallon for the
ery provided he is bound by the rate of tax Mr. HARDING. No rectification is con- purposes of taxation For illustration, we will
on spirits prior to its becoming alcohol, and the templated. It is primary distillation and only suppose that the specific gravity of alcohol is
Government does not lose the decrease or its a degree of spirits. about eight tenths of that of water. The spe
return, The Government loses this difference, [Here the hammer fell.] cific gravity of proof-spirit” is about nine
and that is the disadvantage of this system.. Mr. GARFIELD. I rise to oppose the tenths of that of water. A distiller in Peoria,
The tax being reduced to fifty cents on the amendment of the gentleman from Wisconsin,
a thousand miles from New York, the great proof-spirits, when you redistill that into alco[Mr. PAINE.]
market, distills high wines with the purpose hol you have to return less than when it was Mr. HARDING. If the gentleman will of sending it to that market. To reduce the
redistilled into alcohol. This bill provides that yield to me a moment, I will say that although cost of transportation is a very material ques:
the Government shall receive the tax on the tion with bim. I made the motion it was withdrawn on the
Now, if he fills a barrel which
difference between the proof-spirits and after suggestion of the committee that they would | whisky, he has but forty gallons. If he fills boldsforty gallons, wine measure, with proof"
its redistillation into alcohol. By the adop: insert the words "continuous distillation.'
tion of this amendment the Government will Those words were inserted, and the bill went
that barrel with whisky, which is of the spe.
lose the tax upon the difference in the redisto the Senate. What was done there I do not
tillation into alcohol after its return. know. But I have always understood that
"proof” gallons in the forty-gallon barrel,
Now, sir, so far as the distillation into alco. since that will was passed in all the large distilleries of the West they have been running | pay the tas precisely as though there were only in the common stills. The gentleman from half barrel, or twenty gallons. But he has to
hol is concerned at the distillery, there is no
objection to that. Alcohol cannot be made high wines up to the alcohol point. Mr. GARFIELD. I did not say nor think
one and a half barrels of the “proof'' gallon.
Illinois knows that, for there are a great many that the mere fact that this proposition had
distilleries in Peoria. He knows that alcohol and it is impossible that there should be. been twice rejected would be of itself sufficient to secure its rejection again, as the gentle \l this: he can condense fifteen bushels of corn
But the advantage to the western distiller is
cannot be made in common stills. There is
no objection to it provided the Government is man from Wisconsin (Mr. Párne) seemed to into one barrel instead of ten bushels. Fif.
to obtain the tax upon the decrease in the suppose. But I did think it ought to give this committee pause before they make a change of teen bushels of grain will make sixty proof" quantity between the proof-spirit and after it gallons ; if he be allowed to distill by any pro
has been redistilled into alcohol. I myself this sort. Before coming into this House this
cess of distillation “ continuous" morning I read over very carefully the entire
have no objection to the distillation of alcohol debate on this subject when it was formerly | thus put into one forty-gallon cask that which wise to the specific gravity of alcohol, he can
in a distillery provided the tax is paid to the
Government on the spirit before it is redis. under consideration. That was in my mind, as
tilled into alcohol, I want the tax put upon I stated to tbe chairman of the Committee of
is equivalent to sixty proof” gallons.
the proof gallon of distilled spirits.
Mr. BROOMALL. That is what I am for. lected distinctly the debate in Committee of
Mr. LOGAN. That will not be the result the Whole. It is recorded upon the page of the
There is no loss by by the adoption of this amendment. The Globe before me that the amendment of Mr.
waste except the mere evaporation.
Government will lose the tax upon the differFarquhar was rejected, and that was the end doubling.
ence between the proof gallon and the alcohol. of it. The argument in that case is very well Mr. INGERSOLL. There is no more waste
[Here the hammer feil.] stated in the speech of Mr. COXKLING, a pass. in "doubling' at that distillery than in re
Mr. INGERSOLL. I withdraw the amendage from which I will read: moving it to the alcohol distillery and there
ment to the amendment. "Now, sir, the proposition of the committee in this redistilling it into alcohol. There must be a
The question then recurred on Mr. Hardregard was, after a careful in vestigation by the subcommittee, in conjunction with the Governmont waste somewhere; and is it intended by this
Ing's amendment, and it was rejected. officers, that this process, called in parliamentary bill to make the manufacturer pay tax on that
No further amendment being offered, the language continuous distillation'-called again in which is necessarily wasted in evaporation and
Clerk read as follows: another phrase 'repeated doublings-is a process which passes the comprehension of detectives, which necessary waste in the honest manufacture of SEC. 11. And be it further enacted, That no person oludes any mode of detection which we could apply. alcohol? I hope not.
shall use any still, boiler, or other vessel for the purand enables those men not only to distill and redistili but to distill afresh, and make in place of one
Now, sir, there is not a single distillery in
pose of distilling in any dwelling-house, nor in any
shed, yard, or inclosure connected with any dwelling, quantity of liquor repeated quantities, only one the West that does not distill its wines as high house, nor on board of any vessel or boat, norinaer quantity being taxed.. That was the proposition. above proof" as it is possible; so that in a and to meet it this provision was adopted," barrel holding forty gallons " wine measure''
ale, porter, or other fermented liquors, vinegar or Now, on that argument, still further enforced there can be shipped to New York what is
ether are manufactured or produced, or where sugars
or sirups are refined, or where liquors of any deby other members, the amendment was rejected. equivalent to fifty-five or sixty gallons of
scription are retailed, or whert any other business is Now, let me state in brief the objection to this "proof” whisky, and there is no more danger boller, or other vossel for the purpose of distilling amendment.
of fraud when the distiller is allowed to run the as aforesaid, in any building or other premises where In the first place liquor is run through and whisky as bigh above " proof". as possible duced, refined, or retailed, or other husiness in care
the above specified articles are manufactured, proconverted into raw spirits, or high wines. Now, || than when he runs it exactly to the proof" if they may take this liquor, after it has once point. Let me read one section of the bill, dwelling-house, or other place as aforesaid, or gone through the process of distillation, which and I shall be done : subjects it to the Government tax-if without SEC. 2. And be it further enacted, That proof-spirit
same to be done, shall, on conviction, be fined $1.000. 'paying the tax it may be put back and run shall be held and taken to be that alcoholio liquor
and imprisoned for not less than six months nor more which contains one half ite volume of alcohol of a
than two years, in the discretion of the court: Pro through again, and then put back and run specific gravity of seven thousand nine hundred and
vided, That saleratus may be manufactured, or moal through again and again, and made into per- thirty-nine ten thousandths at sixty degrees Fahren
or four ground from grain in any building or on any premises where spirits are distilled; but such meal
pr flour only to be used for distillation on the prem- Mr. SCHENCK. I understand the Depart. | impose this tax of five dollars a day upon
ment has never interfered with the repair or them, whether their distilleries are capable of Mr. INGERSOLL. I move to strike out keeping in order of cooperage, as an incidental | running out a hundred bushels of mash or not, "meal or flour," and insert “grain of all business. The reason why we make one ex. and you will keep them out the business as kinds."
ception in this section in regard to the grind- ll you have driven them out, and continue it in The CHAIRMAN. Gentlemen must send ing of grain to be used only for distillation on the hands of monopolists, for, sir, the farmer up their amendments in writing.
the premises, is that there have been some in- cannot pay this tax of $150 each month in Mr. INGERSOLL. I withdraw the amend- stances where the revenue officers have decided addition to the other direct and indirect taxes ment.
that that is a different business, while in other imposed upon the production of whisky in this Mr. KOONTZ. I move the following amend- districts they have decided that it is incidental | bill. Now, sir, take my word for it, the farm. ments:
to the distillery, and not a separate business. ers all over the country who would like to make In line five, strike out the words "or on any prem- We have put this exception in -because there their surplus grain into whisky will want to ises;"
has been objection to carrying on the business know why this discrimination is made between In lino pine, striko out the words “or where any other business is carried on;"
of grinding. But I think no objection has ever them and all other manufacturers in the coun. In lines eleven and twelve, strike out the words been made to the repairing of barrels, which try. And they will especially want to know or other premises;” and
has been treated as a business incident to why it is that the small distiller is required to In line thirteen, strike out the words "or other business is carried on. distillation.
pay five dollars a day on every hundred bushels Mr. Chairman, this section absolutely pro
Mr. MULLINS. After the explanation given || of mash he is capable of running out while his by the chairman of the committee I withdraw wealthier neighbor is only required to pay
three bibits any person from carrying on any other the amendment.
dollars on each alternate hundred bushels. business on the premises if he is engaged in
Mr. INGERSOLL. I desire to make an distilling. The word “premises” is rather a
And, sir, they will demand an answer. If we comprehensive term, and may embrace a tract
inquiry. It is well known that the business of are legislating for the interests of the wealthy of land of two or three hundred acres, as well
feeding hogs and cattle is sometimes carried on capitalists this section is right, but if we have as a lot in a town or city; and if this section is
quite extensively on the same premises. Now, in view the interests of the laboring masses enacted into law a person engaged in farming
I want to know if that business is to be inter: then we will adopt this amendment, or, what will be prohibited from carrying on a distillery.
fered with under the provisions of this bill. I would prefer, strike out the section altoIt often happens in the rural districts that a
Mr. SCHENCK. Not at all,
gether. man may be engaged in carrying on a saw-mill
recognize it as a part of the distillery business, Mr. MYERS. I rise to oppose the amend.
in another section. or grist-mill or a store on the premises. Now,
ment, and I do it chiefly because I desire to he must either dispense with this other busi
Mr. INGERSOLL. All right.
support the principle contained in the section ness or be prohibited from carrying on the
The Clerk read the next section, as follows: as it is. I would have no objection to reduce business of distillation. I think that would be
Sec. 12. And be it further enacted, That there shall the amount, but I am opposed to reducing it to unfair. I do not think we have a right to pro
be assessed and collected monthly, in the same man- one dollar. We received last year $13,500,000
per ils other taxes are assessed and collected, on every hibit person who by his industry and energy registered distillery having an aggregate capacity
from the whisky tax, when at the rate of two has built up several kinds of business from
for mashing and fermenting one hundred bushels of dollars & gallon we should have received at
grain or less in twenty-four hours, five dollars per carrying them on.
least $100,000,000. The causes which the day; and three dollars per day for every hundred Mr. SCHENCK. I may say of this amend.
bushels of such capacity in excess of one hundred public generally believed led to this were first ment as my colleague (Mr. GARFIELD] did of
bushels in twenty-four hours. But any distiller who the inefficient conduct or bad conduct of the another this morning, and with more reason, shall stop work, as provided by this act, shall not be
officers appointed by the Administration, and compelled to pay on any distillery more than two that it is an old acquaintance. An attempt
dollars per day during the time the work shall be so secondly the high rate of the tax. I believe has been made uniformly whenever an internal suspended in his distillery.
both of those causes tended to produce the tax bill has been up to amend it so as to allow
Mr. KNOTT. Mr. Chairman, I move to result, and I voted with a majority of the com. the distiller to carry on any other business in
strike out “five dollars” and “thrée dollars,'' mittee to reduce the tax to fifty cents a gallon and about his distillery ; but it has been found
where they occur in the sixth line, and insert in order that we might test what effect a reduce absolutely essential for protection against
one dollar." It seems to me, sir, that all tion would have. But one of the ehief reasons frauds on the revenue that these men should
Federal legislation in relation to taxing whisky || why we do not raise the amount we should have be confined strictly to their business on the
for several years past, whether designedly so done from the tax on whisky, as I take it, was premises selected for that business. And such
or not, bas been in the interest of those who are the improper mode of collecting this tax. I is the law now, even to the very use of the
to command an extensive capital, and against believe if we were to assess and collect the tax word that the gentleman particularly objected
the laboring masses of limited means. Pre: according to the fermenting capacity of the to. The present law is that no person shall
vious to the enactment of our stringent and distillery, that, as was said yesterday by my use any still, boiler, or other vessel for the
complicated excise laws upon this subject large venerable colleague, (Mr. Stevens,) we would purpose of distilling in any building or on any
numbers of our farmers who raised a surplus be able to collect at least three fourths of the tax. premises where other operations are carried
of grain for which they had no remunerative Mr. ALLISON. What does the gentleman
or convenient market manufactured it into mean by the fermenting capacity of the disThe reason why this exception alone should whisky in small distilleries on their own prem tillery?
Mr. MYERS. be allowed, even if there be any reason for ises. They were, as a general thing, honest
The capacity of the mash excluding everything else, must be obvious.
working men, of moderate means, without tubs in connection with the number of hours Just as you multiply occupations and businesses either the skill, inducement, or inclination to necessary for fermentation.
If you would in and about the distillery you offer an oppor:
concoct those villainous compounds which are secure the proper collection of the tax, then tunity for fraud. As to the hardship on the
now known as whisky, and the consequence test this new method first. I favor this secfarmer who at the same time owns a distillery,
was their production was a genuine, honest, tion because it contains that principle to some that exists only in fancy, I think; because he
pure, unadulterated liquor. Such I know were extent. And I take it that if we take this step does not carry on his farming operations in
the men who gave to Kentucky whisky its world- toward the principle of the fermenting capacity the building or on the premises pertaining to
wide reputation. But the imposition of the of the distillery we will receive a large amount the distillery building. He can have a fence
enormous taxes we have had for several years of money from this tax. And if we find next around it, separate it from the rest of his farm,
past, and a dread of the numberless pitfalls year that the tax has not been fully and prop
with which our excise laws abound, have driven erly collected we can then adopt the entire will be construed in the law to mean just that all this class of whisky manufacturers out of principle of the fermenting capacity of the disportion of real estate which immediately apper
the business, and the production of whisky hastidery and collect the tax in that way. That tains to or is connected with the building.
been for the most part handed over to immense will simplify the law, obviate the expense of Mr. KOONTZ. After the explanation given moneyed monopolies in the large cities and meters and stamps, and do away with a large by the chairman of the committee I withdraw
towns, who, instead of old-fashioned, honest, majority of the officers employed under the
country.made copper whisky, give us a nauseous present system. Mr. MULLINS. I move to amend by insert
steamed slop or a poisonous concoction of coc- Mr. BROOMALL. I move to amend the ing in line nine, after the word "on," the fol
culus Indicus, strychnine, and dog-leg tobacco, amendment of the gentleman from Kentucky
compared with which, I had almost said, aqua [Mr. KNOTT] by striking out one dollar, Except the making or repairing of such cooper's
fortis would be an innocent and wholesome where it first occurs, and inserting “two dolWare as may be necessary to the barreling of spirits beverage.
lars;" and also by striking out"
one dollar" or for mash or beer tubs, fake or cooling tubs : Provided. The same be done in a separato building.
Now, sir, with the tax at fifty cents a gallon, where it last occurs, and inserting "six dol.
and the distiller only required to pay it as helars;" that is, in each case doubling the amount I make this motion for this reason: there are sells his whisky, we will have our old-fash- l reported by the Committee of Ways and Means. find it exceedingly inconvenient to import their great many little distillers in my section who ioned country still-houses going again. They I have very great reluctance to vote for any
can compete, and compete successfully, with bill decreasing the tax upon whisky. Nothing barrels. They have in their manufacturing estab- these plethoric moneyed monopolies of the but being assured by the Committee of Ways lishments cooper's ware, or it may be adjacent cities, and we will hear no more of whisky | and Means that the present tax cannot be cul. to the still-house. It is a great expense and frauds, of subterranean pipes, no more of bose lected induced me to remain quiet while the inconvenience to be obliged to transport barrels.
extending from the still-house over the roofs tax of two dollars per gallon was reduced to offer this amendment, and would like to hear of the intervening buildings to the rectifying fifty cents per gallon. And nothing but the from the chairman of the committee on the shops. The people will get good whisky and promise of the Committee of Ways and
Means the Government will get its revenue. But that at least a considerable portion of that
and he ought to do so.
ENROLLED BILL SIGNED.
decrease should be made up by special taxes down to that point where you will not crush I will not insist on the adoption of the amendrendered the action of the Committee of the out the smaller distillers. When the distill- ment of the gentleman from Pennsylvania Whole at all palatable, at least to myself. ery mashes more than one hundred bushels | [Mr. BROOMALL) proposing to increase this
Now, when we come to these special taxes per day the disproportion becomes still greater. tax to ten dollars, because this is a part of the which are said to be intended to make up a But the truth is that while high wines are now system presented by the committee; but I very considerable part of this loss, we find that sold all over the West for less than the tax, repeat, that if there is to be any change, I hope this five dollars per day, as proposed by the the distilleries, in my district at least, large this capacity tax will be increased rather than
red ads Committee of Ways and Means, amounts to and small, who have always paid the tax hon
reduced. but one cent and a quarter per gallon-a mere estly, as the returns of the collector will show, Mr. MULLINS. Mr. Chairman, I rise to paltry increase, almost nothing at all. Now, are selling their product at fair remunerative oppose the amendment, and I desire to call the increase which I propose by my amend. | prices. This per diem tax is oppressive on the attention of the chairman of the Committee ment will make up but a very small portion of them all. The amendment of my colleague, 1 of Ways and Means to the operation of this the loss which we will sustain by the reduction | [Mr. Knott,) fixing the tax at one dollar per proposition. In the district of country which lo here I of the tax from two dollars to fifty cents per hundred bushels, is as much as ought to be I have the honor to represent the capacity of gallon. imposed in this form.
three fourths of the distilleries will not average, I am told that the present tax of two dollars [Here the hammer fell.]
I think, over twenty gallons per day. Accord per gallon cannot be collected. Why, then,
ing to the system of taxation proposed in this
as pe should we not put a material part of the difference between two dollars per gallon and fifty
At this point the committee rose informally; without paying five dollars per day direct tax
bill no distillery is to be permitted to run cents per gallon in a shape in which it is said and the Speaker having resumed the chair,
to the Government. Now, on the small disthe tax can be collected? I am very loth to
Mr. HOLMAN, from the Committee on consent to the proposition that any tax which Enrolled Bills, reported that the committee
tilleries, whose production averages about the great body of the community believe to be had examined and found truly enrolled an act
twenty gallons per day this per diem tax would
amount to about twenty-five cents per gallon; just and proper, as the great body of the com- || (H. R. No. 1059) to relieve from disabilities
while as to establishments distilling daily one munity do believe with respeet to the tax imcertain persons in States lately in rebellion;
hundred bushels or three hundred gallons, posed by law as it now stands upon whisky; I
when the Speaker signed the same. am very loth to believe that this Government
The Committee of the Whole on the state gallon. I trust that some arrangement will be
this per-diem tax will be but a trifle on each cannot collect all of that tax, every dollar of it. of the Union then resumed the consideration
devised to relieve these small distilleries; for I believe that by the proper selection of the of the
they, in my section of the country, are the proper kind of officers the present tax upon
INTERNAL TAX BILL.
distilleries to which the Government must look whisky can be collected, and under an Execu- Mr. KOONTZ. I withdraw my amendment. for its revenue. In the district which I repretive who would look to the fitness of men, Mr. SCHENCK. I renew the amendment. sent there is more distillation of spirits than in
bu rather than to the use that could be made of If there is to be any change made in this tax- perhaps any other portion of the State of Tenthem in politics, I believe the proper kind of ation of the capacity, the capacity to be de. nessee. In my district is manufactured the officers would be appointed. If we cannot col- pendent on the quantity of grain mashed and || liquor known as the “Lincoln liquor.” It is lect a tax justified by all the thinking men of fermented in the distillery, I would rather see from Lincoln county. They have small and the community, all who are not interested in it raised than lowered. It is a very small tax rather inditferent means of transportation for producing whisky--if we cannot do that, then that is proposed, five dollars upon a hundred their grain to market. Therefore they are I should be compelled to believe our Govern- bushels of grain mashed and fermented, every compelled to redistill their corn iuto spirits for ment a failure.
bushel of grain producing throughout the Uni- transportation. If this tax of five dollars a Mr, BECK. I desire to oppose the amend- ted States an average of twelve quarts or three day can be done away with on these snall disment to the amendment, and for this reason : gallons, is but an addition of a cent and two tilleries, then it will be a great convenience that it bears unequally upon the distillers of thirds to the tax per gallon. I know that in for them, and it will induce these small distill. the country. For instance, very many of the Kentucky, and where they make the best eries to keep up the manufacture and thus add small distillers of the country would be very whisky, the distillers produce only from eight revenue to the Government; otherwise it will injuriously affected by this amendment. There to ten, perhaps about nine quarts to the bushel; || drive them to the wall. The grain, too, will have been comparatively no frauds in the col- but then some of the large distilleries of the be lost to a great extent, and the Government lection of the tax from the small distilleries ; West run up to sixteen and sixteen and a half; will be deprived of the amount of revenue the frauds have been in connection with export- sometimes, it is said, they have gone even higher | which otherwise it would receive. If these ation, redistillation, &c. The tax has been than that. Throughout the United States twelve small distilleries can be relieved I shall be glad collected from the makers of genuine whisky, quarts to the bushel is but a fair and rather a of it. I have stated what I have to bring the and especially the smalldistilleries everywhere. small average.
mind of the chairman of the Committee of One of these small distilleries will make per- Now, a cent and two thirds added to the Ways and Means to bear on this subject. I haps a barrel a day; that is a fair average of || Afty cents by this tax upon capacity will cer- look to him as the leader on this bill, and I am the small distilleries throughout Kentucky, tainly not burden the distiller very much, while bound to stand by hiin as far as consistency Tennessee, &c. They do not make whisky to it furnishes to the Government à tax easy of
will allow me. be exported or rectified or redistilled, but for collection, a sure tax, and so far a sure in- The question was taken on Mr. BROOMALL'S home consumption.
One barrel per day on crease of the revenue. So far as, in the con- amendment to the amendment; and it was the average is as much as they can make. fusion here, I was able to understand the argu- || rejected. Their product is altogether different from the ment of the gentleman from Kentucky, [Mr. Mr. KOONTZ. I move to strike out the high wines or crude spirits made in large steam BECK,] who has just taken bis seat, he com
words " distilleries, which never improve by time, and plains that this tax operates as a discrimination
The CHAIRMAN. That it is not in order. which are only fit for use after rectification, in favor of the large establishments. Perhaps, Mr. MAYNARD. I wish to move an amendredistillation, or other process.
to some small extent, it does. His remedy, A man who mashes one hundred bushels a if I understood him, would be to put the tax
ment, and ask the chairman to observe the day can make, say three hundred gallons, and upon each bushel; but it must be readily seen
terms of the amendment pending. As the bill distilleries run on the average eight months in that it would be a very unfortunate mode of
now reads it provides : the year. The man who makes a barrel a day taxation to impose the tax, bushel by bushel,
That there shall be assessed and collected monthly;
in the same manner as other taxes are assessed and will make about two hundred barrels in eight and collect it without a general classification collected, on every registered distillery having an months. That will be eight thousand gal. of the capacity of distilleries with reference to
aggregate capacity for mashing and fermenting ono lons, while the man who makes eight barrels the quantity of bushels they use per day.
hundred bushels of grain or less in twenty-four hours,
five dollars per day. a day from one hundred bushels of grain will We have thought that five dollars a day upon make sixteen hundred barrels in eight months,
The gentleman from Kentucky moves to every distillery mashing daily one hundred or sixty-four thousand gallons. And under
strike out five dollars a day and to insert one bushels of grain or less is by no means an this per diem tax which you propose the
dollar a day. I propose to amend his amendonerous tax in any case; that even the smallest who runs one hundred bushels a day, making distiller, for the sake of running his establish
ment by striking out one hundred" and ineight barrels, pays about a cent and a half a
serting twenty,' so the effect will be to keep ment under the protection of law, honestly the tax as it now is. gallon in this way, while the man who makes counting for the tax on whatever he pro. The CHAIRMAN. The Chair would hardly one barrel per day pays over twelve cents a duces, might well afford to pay, in addition to gallon. This is class legislation for the ben
rule that to be in order to the pending amendother taxes now made so much lighter than efit of the large distilleries in which most of the
ment. The gentleman can indicate bis amendthey have been, five dollars a day. Where more men and move it hereafter. frauds are committed. There is no justice in than one hundred bushels of grain is mashed Mr. MAYNARD. If this amendment is such legislation. Let each man pay in pro- daily we propose to increase the per diem tax- voted on, and the bill stands as it is, then we portion to what he makes, and then they will not exactly in the same ratio, though, perhaps, || have one result. If it fails, then my amendo all be on an equality. But the section, as it the same ratio would be better--at the rate of
ment would have a different result. Both must now stands, will ruin the only men who have five dollars per day for each additional one stand together. paid the tax honestly, as the returns show. hundred bushels of grain; which, I think,
The CHAIRMAN. That would be a good None of their whisky has gone into the market ought to be amended so as to say • each addiwithout the tax being paid. tional one hundred bushels or fractional part
argument for the committee. The Chair rules
the amendment is not in order. I hope the amendment of my colleague will of one hundred bushels." This would obviate Dir. O'NEILL. For the purpose of saying prevail, the object of which is to bring the tax all dispute on that point.
a few words I move to strike out “five," and