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then it will not go abroad, if there is any profit Mr. SCHENCK. There never has been Well, suppose you make it "alcohol and Broncor in keeping it here. any drawback on whisky,

ram?'[Here the hammer fell.]

Mr. BUTLER. Never has been any draw. in bond, intended for exportation. Suitable buildDr. GARFIELD. Mr. Chairman, I desire | back at all; so says the gentleman from Ohio,

ings shall be selected for such warehouses, which to say a word on one feature of the amend- || I have, then, got some good by speaking, for I

shall not be of less capacity than sufficient to storo
five thousand barrels of distilled spirit

1 BA ment presented by the gentleman from Illi- thereby find out, on running back through Or "alcohol and rum”


. SC nois. There are manifestly two evils to be these tax bills, it turns out that there never

and shall have no opening into or connecting them

pantes avoided if possible in regulating the tax on was any drawback. So my friend fro Penn. with any other building, nor be within six hundred wate. distilled spirits. The Committee of Ways and sylvania (Mr. Covode] has been misled. feet of any distillery or rectifying establishment, and Means desire to avoid if possible the evil of Mr, COVODE. I did not say drawback,

shall be known as export bonded warehouses, and having whisky escape the tax fraudulently but bond.

used exclusively for the storage of distilled spirits in

Por nuk while in bond, and they have done away with, Mr. INGERSOLL. I did not say any such Now, see what comes next-what is said not

pou tapo as I understand, the system of transporting in thing.

to be in the bill

Tramite bond, except in two cases, one when it is

Mr. BUTLER. I have not said you did.

and no distilled spirits shall be withdrawn or ro- [rga had entered in a bonded warehouse for exportaBut gentlemen here bave said that millions

moved from such warehouses except on an order or tion, and the other for redistillation or for

permit from the collector in charge of exports for manufacture into cosmetics, cordials, &c. I Now, gentlemen, I am going to talk a few minupon millions are made out of drawbacks. imunediate transfer to the vessel by which they are to be exported to a foreign country, as bereinafter

2.0.1 understand it is now the purpose of the com

provided. utes, if you will keep quiet. mittee to cut off the second of these, and thus

are the allow transportation in bond for the purpose Now, I agree that the drawback system may

Mr. JUDD. Will the gentleman allow me have its disadvantages ; because when you pro

a word? of exportation alone. Now, the gentleman vide for such a system whisky that has not paid

Mr. SCHENCK. The gentleman would not from Illinois [Mr. LOGAN] proposes an amendment to avoid the danger of transporting in received,

and you depend only upon the hon-
the tax may be exported and the drawback

let me interrupt liim to set him right; however,
I will yield to him.

be de bond, and in his amendment he introduces a system which I regard as far more dangerous | establish what has been exported. esty of the consular or other officer abroad to

Mr. JUDD. If the gentleman intends to

Water than the transportation in bond permitted in be exported, and when it gets abroad and the pression that I stated that provision was not in


apply his remark to me, and convey the im. the bill. He proposes to apply to exported || consular officers certifies that so many bar

ile bill, he misunderstood me. I simply stated spirits the drawback system, which never before has been put into a whisky bill. rels of whisky have been received the water

that from the place of manufacture, the distillreceives the drawback from the Government.

ery, every gallon could go to the export bonded In order to illustrate the danger attending

warehouse. the drawback system, should it be applied to

There is, therefore, a great chance for fraud.
It would be for the benefit of our rum dis-

Mr. SCUENCK. That is if the distiller is spirits, I will state a case recently brought to tillers at the East to have the drawback system

willing either to actually take it abroad or my attention.

A ship bound for a foreign adopted, if it were honestly administered'; and let it be forfeited. I do not suppose any fool port was lying at the wharf not far from a bonded warehouse containing a large quantity | vided it was dishonestly administered-yes, a it would be quite as much for our benefit, pro

is going to take his whisky and throw it away.

Then gentlemen say that it can be all taken of proof-spirits entered in bond for export. little more; because we always do a thing,

there and then smuggled out in some way, Barrels of spirits are taken out and rolled on when we intend to do it, with a great deal of

How? It is to be carried on board the vessel the deck of the ship. It takes several days to load them. During the night they are dropped | simply to save the export trade in some form. energy and success. Now, what I desire is under regulations hereinafter provided. If

gentlemen will go forward to sections fifty-one, off on to a scow, run ashore to be sold as free When we come to the fifty second section, and

fifty-two, and fifty-three, they will find what whisky, and their places supplied by barrels of water. Now, if the drawback system were in

settle the question as to what shall be exported, guards and restrictions are thrown around this operation these same barrels of spirits might

I propose to ask the committee to adopt, instead | matter, so that no human ingenuity, it would
of distilled spirits, alcohol and rum, so that

seem, would be sufficient to get this liquor be put back into the bonded warehouse, and

And wben you the next day rolled out again and put on board nothing but alcohol and rum can be exported away in any other manner. ship.

come to add to that the stamp system, by In that way the same spirits might be

ortransported in bond. Whenever any unpaid used half a dozen times in making up one cargo, whisky is found on board the cars for trans

which, if a barrel puts its nose outside the portation there will be no excuse that it is to

warehouse without having the cross and earand every time the Government would pay the be exported. This provision will diminish the

marks it is subject to be seized, you have money out of the Treasury as a drawback. Now, it is bad enough that the Government | Now, rum is pretty much all made on the chance of whisky being transported as alcohol.

additional guarantees you never had before.

The truth is the difficulty heretofore has been, should be defrauded out of the tax itself, but sea-board, because it is made from molasses,

principally, the removal from bonded wareit is far worse for us to pay the money out as a

and is the distinctive name of the distillation houses for purposes of rectification. This bill drawback when there never has been any tax of saccharine watter coming from the cane, and

closes down upon all that. There is not a scinpaid, and especially to pay it over and over

being made almost entirely on the sea-board tilla, not a partiele of this bill, not a word in again. One danger is that by fraud we may there is but very little transportation during

the bill which, in the slightest degree, author fail to get money into the Treasury; the other which it can be stolen in getting it on board ship;

izes the removal of a gallon of distilled spirits is that we shall take money out of the Treas. so that you will bave another guarantee. And as

from a bonded warehouse for purposes of rec ury to pay rascals for the frauds they commit. almost the entire export trade is in alcohol and

titication. If a man wants to follow the busiI prefer the least of necessary evils. rum, I think all this difficulty may be relieved

ness of rectifying he must buy the tax-paid (Here the hammer fell.]

by the simple amendment of putting "alcohol | whisky in the market, Mr. COVODE. I desire to state a fact to

and rum’'instead of “distilled spirits,” and Now, submitting the question whether we show how shipping in bond gives an opportu- we can meet exactly what my friend from Illi

shall stand by the bill, subject to the suggesnity to parties to perpetrate frauds on the

nois (Mr. LOGAN] desires—for his desire and tion made by ihegentleman from Massachusetts,

mine is the same I am certain in this matter || [Mr. Butler,] to remove an apparent ditlicase by a gentleman connected with the cusand meet what the committee desire, and save

culty or sweep it out of the way and go into a toms for many years, Mr. Guthrie, who invest

as many chances of fraud as under any other system of drawbacks hitherto untried in this igated several cases where shipments were provision.

country so far as whisky is concerned, but tried made. In one instance a shipment was made

[Here the hammer fell.]

in regard to other matters so far as to find all to Melbourne, Australia, of forty thousand

Mr. SCHENCK. I think, following up the

manner of frauds in it, I am willing that the gallons of whisky on which the parties had idea of the gentleman from Massachusetts,

vote shall be taken. And as we have discussed secured a drawback at New York. On send [Mr. BUTLER,] that this will be better under

this question fully, I propose to stop all debate ing over and examining it be found it was stood if gentlemen, instead of taking declara

on this whisky matter down to the special taxes made up of fourteen per cent. of spirits, and tions broadly made of what the bill proposes

provided for in section sixty-five. the balance of what is called “truck.” When to do and what it does do, will just look for


Before the gentleman takes it got to Australia they would not pay the duty on it. Now, we should adopt the policy which ward a few lines and see what is in the bill his seat I would like to ask him, for the purpose is best calculated to stop these frauds, whether itself. Now, the forty-ninth section which we

of information, how these sections of the bill by shipping in bond or under the drawback are now considering I think ought to be stricken

reported by the Committee of Ways and Means out entirely, not because it is not needed, but

will affect the act of January, 1868, “to presystem. The CHAIRMAN. Debate is exhausted on because it is just a transfer from the general

vent frauds in the collection of the tax on

distilled spirits?" the amendment, and it is withdrawn. bill we have prepared, and is the same now in

Mr. SCHENCK. By repealing it so far as it the law, and if we take it out of this bill it Mr. BUTLER. I renew the amendment. remains as a general section in the law unre

is inconsistent with the provisions of this will I want to say a few words here in order to be

should it become a law, set right by somebody or to set somebody right,

pealed and unaffected by this legislation. But
the next section, section fifty, is an answer to

Mr. O'NEILL. That act was passed to as the case may be. Now, I aver that there

a great deal that has been said here. Let me prevent frauds. This section, I understand, has not been anything like a drawback on disread it, for it is short:

sets forth the manner in which this viihdrawal tilled spirits as such for five years, and there

from export warehouses can be made. fore all the stories about the immense sums the That the Commissioner of Internal Revenue is

Mr. SCHENCK. That act was passed to hereby authorized to establish and designate at any Government has been swindled out of by draw.

port of entry in the United States bonded warehouses shut down on frauds which have been com backs on whisky are myths. for the storage of distilled spirits

mitted and which will continue to be committed

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- if you continue the present system. I now ask (Mr. BLAINE in the chair,) and resumed the The question was taken on Mr. INGERSOLL'S ananimous consent to close debate on this sec- consideration of the special order, being the amendment; and it was rejected. tion and the succeeding sections down to section bill (H. R. No. 1284) to change and more Mr. HOOPER, of Massachusetts. I move sixty-five.

effectually, secure the collection of internal to insert after the word " appropriated" the Mr. BARNES. I object.

taxes on distilled spirits and tobacco, and to words and no drawback shall be allowed Mr. SCHENCK. I move, then, that the amend the tax on banks.

when the amount allowed for drawback in any committee rise for the purpose of terminating The CHAIRMAN. By order of the House

year has exceeded the amount of tax on disdebate.

all debate on the pending section and the tilled spirits received during that fiscal year;"! The motion was agreed to. amendments thereto will terminate in five

so it will read: The committee accordingly rose; and Mr. | minutes.

The payment of said drawback to be made oply POMEROY having taken the chair as Speaker

Mr. BARNES. Mr. Chairman, it seems to when the evidence shall be furnished to the entire pro tempore, Mr. BLAINE reported that the me that this House by its action this after- satisfaction of the Secretary of the Treasury by such Committee of the Whole on the state of the noon has adequately provided for the remission person or persons who shallclaim allowance of araw

back that such tax has been paid, and the said rum Union had, parsuant to the order of the House, of almost all duties upon distilled spirits ; and or alcohol so exported, landed and delivered to the had under consideration the Union generally, now it is proposed to pay back upon the ex- consignee or consignees at the foreign port to which

it was exported, to be proved by the sworn testimony and particularly the special order, being House portation of the article a specific sum of fifty

of responsible persons where exported from and exbill No. 1284, to change and more effectually cents per gallon. I am rather inclined to think

ported to, the same to be paid by the warrant of the secure the collection of internal taxes on dis- that we had better allow the hoofs and horns Secretary of the Treasury on the Treasurer of the tilled spirits and tobacco, and to amend the to go with the hide, and abandon any effort to

United States out of any money arising from inter

nal tax on distilled spirits not otherwise appropritax on banks, and had come to no resolution collect taxes from this article. In a section

ated; and no drawback shall be allowed when the thereon. which was passed this afternoon, it is provided amount allowed for drawback in any year has ex

ceeded the amount of tax on distilled spirits received Mr. SCHENCK, I now move that the rules that in case of the disability of an inspector

during the fiscal year. be suspended, and the House resolve itself into of a bonded wareliouse, where lies the germ Committee of the Whole on the special order. of the collection of the tax upon this article,

The amendment was rejected. Pending that motion I move that when the the warehouse shall be placed within the con- The committee then divided on Mr. Logan's consideration of this bill shall again be resumed trol of the collector of the district. I under amendment; and there were—ayes 38, noes in Committee of the Whole all debate shall take to say that any intelligent gentleman who 52 ; no quorum voting.

Mr. LOGAN. I do not ask for a further terminate in ten minutes upon the pending has considered this matter is fully aware that section and all amendments thereto, and upon this provision points directly to such a collu- count. all the succeeding sections down to and includ. sion within that district as will make it impos

So the amendment was rejected. ing section sixty-four.

sible to collect under this bill any larger per- Mr. LOGAN. I move to strike out the Mr. LOGAN. Oh, no; I hope not. centage of tax than has been collected under forty-ninth section. Mr. HOLMAN. I rise to a point of order. the existing law. As to the percentage of Mr. SCHENCK. I hope that will be done.

The SPEAKER pro tempore. The gentle- tax that bas been collected upon spirits within The motion was agreed to. man will state his point of order.

the last year we are without positive informa- The Clerk read the next section, as follows: Mr. HOLMAN. My point of order is, that tion. The Commissioner of Internal Revenue

SEC. 50, And be it further enacted, That the Com it is not competent, under the rules of the in his report, at the opening of this session, missioner of Internal Revenue is hereby authorized House, to direct that all debate shall terminate stated that there had been manufactured in the to establish and designate at any port of entry in the

United States bonded warehouses for the storage of upon any section but the one now pending: previous year between forty-two and forty-five

distilled spirits in bond, intended for exportation. The SPEAKER pro tempore. The Clerk million gallons of distilled spirits. The chair- Suitable buildings shall be selected for such warewill read the proviso of the sixtieth rule which man of the Committee of Ways and Means, in

houses, which shall not be of less capacity than suffi

cient to store five thousand barrels of distilled spirits, relates to that subject. introducing this bill, informed the House that

and shall have no opening into or connecting them The Clerk read as follows:

at seventy-five cents per gallon the Government with any other building, nor be within six hundred “Provided further, That the House may, by a vote would realize between sixty and seventy mil

feet of any distillery or rectifying establishment, and of a majority of the members present, at any timo

shall be known as export bonded warehouses, and lion dollars, which would indicate a production used exclusively for the storage of distilled spirits in after the five-minutes debate has taken place upon proposed amendments to any section or paragraph

of about ninety million gallons. "Which of bond; and no distilled spirits shall be withdrawn or of a bill, close all debate upon such section or parathese two high authorities is correct I am unable

removed from such warehouses except on an order or graph, or at their election upon the pending amend

permit from the collector in charge of exports for to say. There is a wide discrepancy between ments only."

immediate transfer to the vessel by which they are the two statements. But we do know that with to be exported to a foreign country, as hereinafter Mr. BLAINE. I ask that the Clerk also the tax nominally at two dollars a gallon spirits provided. read Rule 104.

has been selling on the average at about one dol- Mr. PRICE. I move to add the following: The Clerk read as follows:

lar and forty cents per gallon, and that the Provided, That no distilled spirits shall be removed *The House may at any time, by a vote of a major- Government has during the past year received

from the place of distillation until the taxos provided

for in this act shall be paid, anything contained in ity of the members present, suspend the rules and less than $20,000,000 from this source, while orders for the purpose of going into the Committee

any law to the contrary notwithstanding. of the Whole House on the state of the Union; and it has paid over a hundred millions to the ras

Mr. Chairman, I have been endeavoring for also for providing for the discharge of the Committee cals who have been accessory to the evasions

the last three hours to get in that amendment. of the Whole House, and the Committee of the whole House on the state of the Union from the further of the law. The provision in this bill to which

I was told it was unnecessary, because the consideration of any bill referred to it, after acting I have referred furnishes the loophole through

fourteenth section provided for it. In reading without debate on all amendments pending and that which the law will still be evaded.

that section I find it concludes in these words: may be offered.” Again, sir, the provision with reference to

And the tax on the spirits stored in such warehouse The SPEAKER pro tempore. There is no

the bonds to be given by inspectors is such as shall be paid before removal from such warehouse, doubt that it is in the power of the House to to render it impossible to get an honest in unloss removed in pursuance of law. take action as indicated in Rule 104 ; but the spector of those distilleries. It is provided My amendment provides it shall be paid Chair rules that where a bill is under consid- that the bondsmen shall be responsible for the before it leaves the warehouse, anything coneration in the Committee of the Whole it must acts of the second appointed agent. What tained in this law or any other to the contrary be read by sections, and that as each section responsible man in the United States is going notwithstanding. In other words, it is not to is read it is competent for any member to move to become a bondsman for John Doe, although leave the distillery until it has paid the tax. an amendment thereto, which may be discussed

the latter may be his own brother, if in case of That is the whole of it. for five minutes in favor of the proposition and sickness or disability Richard Roe may be ap- Mr. SCHENCK. I hope that amendment five minutes against it, when debate may be pointed to the place, the bondsmen being made will not be adopted. If the House intends to closed. The Chair, therefore, sustains the responsible for his actions? Such a provision sustain the provision to export spirits and to point of order.

necessarily puts the revenues under the control manufacture spirits into uses for exportation Mr. SCHENCK. In view of that decision, of irresponsible men. I undertake to say that, this will not do, because those are the only which overrules the decision previously made however the system may be braced up and exceptions in this bill. The general provision to-day, I move that all debate upon the section guarded in other respects, the Government is already adopted in the very first section that under consideration, and the amendments cannot, if this provision be retained, collect the tax which is to be paid is to be paid at the thereto, cease in five minutes after the House twenty-five per cent. of the taxes to which it is distillery, and the tax must be paid on everyshall again resolve itself into the Committee rightfully entitled. But I do undertake to say thing except that to be exported. But by an

that when the Government binds itself to pay amendment of that sort the gentleman would Mr. BARNES. Say twenty minutes. There has been no debate on this side of the House. back a specific sum of fifty cents, and does not

remove all possibility of exporting alcohol or put against it the cost of collecting the sum of

rum, or any other form of spirits, directly; The motion of Mr. SCHENCK was agreed to; | lifty cents, it is assuming the guardianship of without prepayment of tax at the distillery. We there being-ayes sixty-seven, noes not counted. Mr. SCÉEŃCK. I move that the rules be

the money of the people which it has no right have already voted down that provision when

to ask. 'l'he law, as it will appear, is an ab- accompanied with drawbacks. Now the gen. suspended, and that the House resolve itself into Committee of the Whole on the state of surdity. It is defective. If we collect forty. tleman proposes to revive it without even the

drawback. the Union, and resume the consideration of the

nine cents and pay back fifty cents the Govern-
ment will be the loser to that extent, and will be Mr. PRICE. Yes, that is my object, as I
wronged in that proportion.

stated once before explicitly.
The motion was agreed to ; and the House [Here the bammer fell.]

The CHAIRMAN.“ Debate is exhausted on accordingly resolved itself into the Committee T'he CHAIRMAN. Debate on this section the amendment. of the whole on the state of the Union, li is exhausted.

The question being taken on the amendment

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of Mr. Price, there were-ayes 23, noes 45; || Indiana, against an increase of the tax on Also, the petition of Annabell Evans, widow
quorum voting.

of Morris Evans, late an employé in the quar. Mr. PRICE. The committee will rise, I Also, the petition of C. H. W. Werneke and termaster's department, who, while acting as suppose, pretty soon, I look upon this as a 21 others, citizens of Lawrenceburg, Indiana, a mounted guard at Fairfax station, Virginia, vital proposition.

against an increase of the tax on cigars. was captured by the rebels, and died a prisoner Mr. SCHENCK. There is no quorum pres. By Mr. KELLEY: The petition of 158 work- at Andersouville, Georgia, of inhuman treatent, and if the gentleman insists upon a divis- ers in Fairmount Iron Works, Philadelphia, ment. ion I will move that the committee rise. Pennsylvania, setting forth that, owing to Mr. PRICE. I insist upon it. foreign competition, their industry is greatly

IN SENATE. Mr, SCHENCK. I move that the commit- depressed and many of the trade are out of

THURSDAY, June 25, 1868. tee rise.

employment, and praying for additional proThe motion was agreed to. tective duties.

Prayer by Rev. E. H. Gray, D. D. The committee accordingly rose; and the Also, the petition of 50 workers in the iron

On motion of Mr. EDMUNDS, and by anani Speaker having resumed the chair, Mr. BlAINE and steel works of Morris, Wheeler & Co.,

mous consent, the reading of the Journal of reported that the Committee of the Whole on Philadelphia, Pennsylvania, setting forth that, yesterday was dispensed with. the state of the Union had, pursuant to the owing to foreign competition, their industry

EXECUTIVE COMMUNICATION. order of the House, had under consideration the || is greatly depressed and many of the trade are The PRESIDENT pro tempore laid before Union generally, and particularly the special | out of employment, and praying for additional the Senate a letter of the Secretary of the order, being House bill No. 1284, to change | protective duties.

Interior, transmitting a communication from and more effectually secure the collection of Also, the petition of Alfred Sherratt and 41 Samuel F. Tappan, one of the Indian peace internal taxes on distilled spirits and tobacco, ll others, workingmen of Philadelphia, Pennsyl- commissioners, in relation to Indian affairs in and to amend the tax on banks, and had come vania, praying for such increase of protective the Territory of New Mexico, the removal of to no resolution thereon.

duties as will revive manufactures and restore the Navajoes, Apaches, Utes, &c. ; which was
prosperity to the country,

referred to the Committee on Indian Affairs.
The SPEAKER laid before the House a
Also, the petition of 61 workers in the ma-

PETITIONS AND MEMORIALS. communication from the Secretary of the Pennsylvania, praying for additional protective | A. Stocks for an increase of pension ;. which chine works of Thomas Wood, Philadelphia,

Mr. YATES presented the petition of Nancy Treasury, transmitting, in compliance with the

duties. standing order of the House of December 30,

was referred to the Committee on Pensions.

Also, the petition of 105 workers in chem1791, and the act of August 26, 1842, the icals in Philadelphia, Pennsylvania, setting Lloyd Brooks, John F. Noble, and James V.

Mr. WILLIAMS presented a memorial of amount of receipts and expenditures of the United States for the fiscal year ending June

Bumford, administrators of the estate of George industry is greatly depressed, and many of the 30, 1866; which was laid on the table, and

C. Bumford, praying compensation for property trade are out of employment, and praying for ordered to be printed. additional protective duties.

lost in the fall of 1855 by reason of the war Also, the petition of 25 workers in Wetherill

between the United States and the Indians in The SPEAKER also laid before the House white lead works, West Philadelphia, Pennsyl

Walla Walla valley, Territory of Washington;

which was referred to the Committee on Claims. vavia, setting forth that, owing to foreign coma letter from the Secretary of the Interior,

Mr. DAVIS presented additional transmitting a communication from S. F. Tap | petition, their industry is greatly depressed, and relation to the claim of Joseph Wilson, for


papers pan, relative to Indian affairs in New Mexico, many of the trade are out of employment

, compensation for horses and mules captured the removal of the Navajoes, Apaches, &c.; which was referred to the Committee on Indian Also, the petition of 74 workers in Flat Rock || by the rebels in consequence, as is alleged, Affairs.

paper-mills, Manayunk, Pennsylvania, setting | of the refusal of the pickets to allow him to CHARLES C. M'CRARY.

forth that, owing to foreign competition, their pass within our lines on the outposts of Washindustry is greatly depressed, and many of the

ington, in July, 1864; which were referred to The SPEAKER also laid before the House trade are out of employment, and praying for

the Committee on Claims. a letter from the Secretary of War, transmitadditional protective duties.

Mr. THAYER presented a petition of cititing a report of the Adjutant General, relative

zens of Philadelphia, Pennsylvania, praying

Also, the petition of 40 workingmen in Carr's to the claim of Charles C. McCrary; which steel frame manufactory in the city of Philadel

that pensions be granted to the soldiers and was referred to the Committee of Claims. phia, Pennsylvania, praying for such increase

sailors and the widows of soldiers and sailors of protective duties as will relieve their dis

of the war of 1812; which was referred to the

Cominittee on Pensions. The SPEAKER. The Chair desires to state their industry, and aid them in their unequal

tress, secure a home market for the products of that he has informed the Sergeant-at-Arms

REPORTS OF COMMITTEES. that the pay of the members from Arkansas

contest with the underpaid labor of Europe. Mr. HOWE, from the Committee on Claims, should commence from the date of their elec

Also, the petition of Thomas Shaw and 61 to whom was referred the bill (H. R. No. 433) tion, which was the 13th of March, which elec

others, workers in iron and steel, Philadelphia, for the relief of Palemon John, reported it tion has been beld by the House to be legal

, | Pennsylvania, setting forth that, owing to for without amendment. the Representatives being sworn in as having

eign competition, their industry is greatly de- He, also from the same committee, to whom been chosen at that election. The delegates pressed, and many of the trade are out of employ- was referred the petition of John O'Dwyer, however desire the same rule applied to them

ment, and praying for additional protective late captain Veteran Reserve corps, praying as was applied to the members from Tennes. duties.

to be allowed three months' pay proper, asked see; they ask to be allowed pay for the whole

Also, the petition of John Robinson and 46 to be discharged from its further considera. Congress. If there is no objection, the sub

others, workers in the manufacture of cotton and | tion; which was agreed to. ject will be referred to the Committee on the

woolen goods at Manayunk, Pennsylvania, set- Mr. WILLEY, from the Committee on Judiciary.

ting forth that, owing to foreign competition, Claims, to whom was referred the bill (H. R. No objection being made the matter was so

their industry is greatly depressed, and many No. 445) for the relief of Timothy Lyden, of referred. of the trade are out of employment, and pray

Parkersburg, West Virginia, reported it withing for additional proteetive duties. BITUMINOUS COAL.

out amendment. Also, the petition of 51 operatives in paper. Mr. MOORHEAD, by unanimous consent, mills at Manayunk, Pennsylvania, setting forth

He also, from the same committee, to whom presented a memorial of owners of bitumi- || that, owing to foreign competition, their indus

was referred the petition of E. Lockwood, agent nous coal mines in the United States, against try is greatly depressed, and many of the trade 1 of Charles Rosefield be referred to the Com;

for Charles Rosefield, praying that the claim any reduction of the duty on coal; which was

are out of employment, and praying for addi. ordered to be printed, and referred to the Com

mittee on Claims, submitted an adverse report tional protective duties. mittee of Ways and Means.

thereon; which was ordered to be printed. Also, the petition of E. H. Radcliffe and 41 He also, from the same committee, to whom THE FISHERIES, others, workingmen in Philadelphia, Pennsyl

was referred the petition of Jeremiah Getty, of Mr. BUTLER, by unanimous consent, intro

vania, praying for additional protective duties. Sears county, Minnesota, asking to be paid for duced a joint resolution (H. R. No. 308) rela

Also, the petitions of 547 workers in manu- certain property destroyed by United States tive to the fisheries; which was read a first factures of iron and steel in Philadelphia, Penn

troops in that State in the winter of 1864–65, and second time, and referred to the Committee sylvania, complaining of the depression of submitted an adverse report; which was or on Naval Affairs.

industry, and praying for such additional pro- dered to be printed.
And then, on motion of Mr. SCHENCK,
tective duties as will relieve their distress and

He also, from the same committee, to whom (at ten o'clock and twenty minutes p. m.,) the aid them in their unequal contest with the

were referred the petition of Benjamin W. CurHouse adjourned. underpaid labor of Europe.

tis, praying compensation for property taken By Mr. McCLURG: A memorial and claim and used by the United States Army; the pe!

of Captain G. W. Short. PETITIONS, ETC.

tion of Mary Riggles praying compensation for By Mr. MYERS: The petition of S. A. Clark pecuniary

10ss sustained by her in the death on The following petitions, &c., were presented and others, carpet-weavers of Philadelphia, Berason, who was killed by the horses of a under the rule, and referred to the appropriate | Pennsylvania, complaining of the depression committees :

Government wagon on the 18th of January, of industry, and praying for such increase of By Mr. HOLMAN: The petition of Jacob | protective duties as will revive manufactures

1863, asked to be discharged from their further

consideration; which was agreed to. Rief and 70 others, citizens of Lawrenceburg, and restore prosperity to the country.

Mr. WILLÉY. I am also instructed by the


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same committee to report back the petition of Mr. EDMUNDS. Let the bill lie over until | ing shall, on conviction thereof, be punished by a late officers in the volunteer service praying to-morrow, and I will look into it, and then I fine not exceeding $5,000, and by imprisonment not

exceeding five years; and if the death of any saob that all officers of volunteers below the rank sball have no objection to it, probably.

officer shall happen from any such assault or battery of brigadier general who were in service on The PRESIDENT pro tempore. The bill the person guilty of such assault or battery shall bo

deemod and held guilty of murder, and shall, on conthe 3d day of March, 1865, and who were hon- will go over, objection being made to its con

sideration, orably discharged after April 9, 1865, may be

viction thereof, suffer death,

Mr. DAVIS. allowed the three months'


The bill and the amendment pay proper, I desire to åttract the attention of the chairman of the

Mr. THAYER submitted the following res

are important, and I move that the bill lie on Committee on Military Affairs to this petition. Solution; which was considered by unanimous

the table for the present, so that members of It seems that it was referred to that committee

the Senate may have an opportunity of making consent, and agreed to: and reported by them back to the Senate, and

a careful examination of the amendment, and

Resoloed, That the Secretary of War be directed to that committee was discharged from its coninform the Senate what amount of Government sup

may know exactly what it is. sideration and it was sent to the Committee on plies, in quantity and value, in the quartermaster

Mr. EDMUNDS. I appeal to my friend Claims. Evidently it is not a subject proper for and commissary departments, have been lost in from Kentucky not to make that motion. I

transit by the sinking of, or by other injury to steamthe consideration of the Committee on Claims. boats on the Missouri river, below Omaha, Nebraska,

will assure him that there is practically nothIt proposes to incorporate a new principle into during the years 1866, 1867, and 1868.

ing new in this bill, which merely consolidates a general law. There is no special claim on the


the prior acts, except this : that it enables the face of it; it is a question of principle whether

United States officers to remove internal rev.

Mr. EDMUNDS. I move that the Senate the law should be amended in a certain partic

enue cases, and marshals to remove cases in ular so as to reach a class of officers everyproceed to the consideration of the bill (S.

which they are sued, in regard to which the where, without specifying any one in particNo. 402) providing for the removal of certain

present laws are defective. That practically causes from the State courts to the United ular. I therefore ask leave, being so instructed

covers all the change in the law that is really States courts, and for other purposes a bill made, although on the face of it this bill apby the Committee on Claims, to report it back

of a good deal of consequence practically that plies to all officers of the United States, for to the Senate, and move that it be referred again to the Committee on Military Affairs and I hope may be taken up and passed.

the purpose of consolidating into one the the Militia.

The motion was agreed to; and the Senate, statutes in relation to removals. With this The motion was agreed to. as in Committee of the Whole, proceeded to

explanation I hope my friend will permit the consider the bill. Mr. MORRILL, of Maine, from the Com

bill to be considered now.

The PRESIDENT pro tempore. The Com. Mr. DAVIS. I ask the honorable Senator mittee on Appropriations, to whom was referred the bill (H. R. No. 818) making appropriations with an amendment in the nature of a substi: mittee on the Judiciary have reported the bill

from Vermont to consent that the bill shall go for sundry civil expenses of the Government

over until to-morrow that we may have an for the year ending June 30, 1869, and for tute, and the substitute ovly will be read

opportunity of looking into it. unless the reading of the original bill is called other purposes, reported it with amendments.

The PRESIDENT pro tempore. The pendMr. FRELINGHUYSEN, from the Com

for by some Senator.

The Chief Clerk read the amendment of the ing motion is to lay the bill on the table, and mittee on Claims, to whom was referred the

it is not debatable. committee, which was to strike out all of the bill (H. R. No. 1129) for the relief of the widow

Mr. DAVIS. No; I do not move to lay it and children of Colonel James A. Mulligan, bill after the enacting clause and to insert in

on the table; I simply move to postpone it. lieu thereof the following: deceased, reported it without amendment, and

Mr. MORRILL, of Maine. If the Senator That whenever any civil or criminal suit (whether submitted a report; which was ordered to be

will withdraw that motion I will make a motion commenced before or after the passage of this act) printed. may be ponding in any court of any State against

that perhaps the Senate will agree to, and that any person, in which suit such porson sball intend to is to postpone all prior orders and proceed to WAGON-ROADS IN DAKOTA TERRITORY. make any defense based upon the authority of any

the consideration of the unfinished business Mr. FERRY. The Committee on Territo.

law of the United States, or upon the authority of

any department of the Government thereof, or upon of yesterday, being House bill No. 605. ries, to whom was recommitted the bill (H. R. the authority of any officer acting under any such T'he PRESIDENT pro tempore. The No. 650) to amend the act of 3d March, 1865, law or department, or upon any right exercised


tion is on the motion of the Senator from providing for the construction of certain wagonunder, or title held in behalf of the United States,

Maine. such person may, at any time before the final trial in roads in Dakota Territory, have instructed me such suit, in person or by his attorney, file a petition The motion was agreed to. to report it back without amendment, with a in such suit, stating the fact of such intention to recommendation that it pass. I desire to place

mako defense as aforesaid, and the general tenor LEGISLATIVE, ETC., APPROPRIATION BILL.

thereof, verified by affidavit, and praying for the the bill on its passage now. I think it will removal of such suit for trial into the circuit court The Senate, as in Committee of the Whole, create no discussion when I make a brief state

of the United States for the district in wbich such resumed the consideration of the bill (H. R. ment in regard to it.

suit may be pending; and thereupon, upon the offer-
ing by or in behalf of such person of suihiciont surety

No. 605) making appropriations for the legis-
Mr. EDMUNDS. What is it?

for his filing in such circuit court at its then existing | lative, executive, and judicial expenses of the Mr. FERRY. The same bill that was before term, or on tho first day of its next term, copios of Government for the year ending the 30th of us some time ago.

the process and pleadings in such suit, and also for
his appearing in such court and entering special bail

June, 1869, the pending question being on the The PRESIDENT pro tempore. The Sena- in such suit, if special bail was originally given amendment of Mr. SHERMAN, from the Com. tor from Connecticut asks the unanimous con:

therein, it shall be the duty of such State court to mittee on Finance, to insert after line five hunsent of the Senate to consider the bill just

accept the surety and proceed no further with such
suit, and the bail that shall have been originally

dred and fifty-seven the following clause : reported by him.

takon shall be discharged. And such copies being For temporary clerks in the Treasury Department, Mr. EDMUNDS. Let it be read for inform. filed, as aforesaid, in such circuit court, the suit shall $150,000: Provided, Tbat the Secretary of the Treas

proceed therein in all things as provided in and ury be, and he is hereby, authorized, in his discretion, subject to all the provisions of section five of the

act to classify the clerks according to the character of The Chief Clerk read the bill, as follows: of Congress approved March 3, A. D. 1863, entitled their services. Be it enacted, &c., That the unexpended balance of

"An act relating to habeas corpus, and regulating

And if any

Mr. SHERMAN. I do not know that the judicial proceedings in certain cases. an appropriation made March 3, 1865, for the construction of certain wagon-roads in the Territory of

such Stato court shall neglect or refuse to carry out Senate desire any further information; but I Dakota, or so much thereof as may be necessary, be, the provisions of this act, every such suit may be

have taken pains to ascertain where these tem. and the same is hereby, applied to the completion of

removed to such circuit court by writ of certiorari the bridge over the Dakota river, on the line of the issuing out of such circuit court, in the manner pro

porary clerks are assigned ; and I have the Government road leading from Sioux City, in the

vided by the third section of the act of Congress written statement of the different officers among State of Iowa, to the mouth of

the Cheyenne river,
approved March 2, A. D. 1833, entitled

"An act whose bureaus they are assigned that they are

further to provide for the collection of duties on
The PRESIDENT pro tempore. Is there

necessary to the public service. The general SEC. 2. And be it further enacted, That the provis- debate that occurred yesterday might, perhaps, any objection to the present consideration of

ions of said fifth section of said first-mentioned act, mislead Senators, and cause them to suppose relating to appeals and writs of error from such State

that these officers are not necessary. They are Mr. EDMUNDS. I think it had better lie

court, shall apply and extend to all cases tried in such

State courtin which adefense shall have been set up or necessary. There are sixty-three of these tem. over. That bill has been passed once with an relied upon based upon any of the matters mentioned

clerks in the Second Auditor's office. in the preceding section of this act. And any suit porary

described in the preceding section of this act, and in presume they are all engaged on the bounty Mr. FERRY. If the Senator will listen to which finaljudgment shall be rendered in the circuit business. There are twenty-three employed me for one moment, I think he will withdraw eourt of the United States, may be carried by writ of

in the Second Comptroller's office; four in error to the Supreme Court without regard to the

the First Comptroller's office; fifteen in the Mr. RAMSEY. The bill was passed, and

amount in controversy,

Sec. 3. And be it further enacted, That if any officer Third Auditor's office; thirteen in the Fifth sent to the House, and was then brought back under the United States shall be unlawfully impeded

Auditor's office; twenty-five in the Sixth Aud. here again on the motion of the Senator from

or bindered in the performance of his official duty,
or shall be unlawfully assaulted or beaten, or shall itor's office; five in the Solicitor's office; and

have his property unlawfully takon, injured, or de- forty-six in the Secretary's office. The total
Mr. FERRY. The bill was reported some
stroyed while engaged in the performance of his off-

appropriation now provided for temporary time ago, and an amendment was made to it,

cialduty, he shall be entitled to gue thereforintheciron the motion of the Senator from Vermont,

cuit court of the United States in the district in which clerks is $100.000 more than we have allowed.

such cause of action shall have arisen, or in which We have only allowed $150,000 instead of based upon a communication from the Secrethe defendant in such action shall reside or may be

$250,000, the amount of the two items on the tary of the Interior, stating the expense of the

found: Providerl, That the damages claimed therefor projected bridge. 'Upon the bill going to the in good faith shall be $500 or upward.

subject in the bill of last year. I am satisfied Src. 4. And be it further enacted, That if any person now, House it was ascertained that the Secretary of

after examination, that to discharge any shall willfully and unlawfully impede, hinder, assault,

of these clerks at present would be a serious the Interior had made a mistake as to the

or beat any officer under the United States, or shall bridge which was contemplated in this bill.

willfully and unlawfully injure or destroy the prop- embarrassment to the public business. I do erty of any

such officer, every such person so ofrond. not wish to enlarge on this matter, because I


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feel not the slightest interest in it. If the Sen- me to read a letter from the Second Auditor | the force in the Second Auditor's office as I ate thinks the Treasury Department can get on this subject?

will give it to you now. along without these. officers they will vote Mr. HOWE. Certainly.

Mr. SHERMAN. I do not know whether the down the amendment, but they will do it in Mr. SHERMAN. Sixty-two of these clerks temporary elerks are entered on the Register. the face of the statement of the heads of

are employed in the Second Auditor's oífice. Mr. HOWE. It contains all the help there, bureaus that they are necessary.

The Senate will remember that last year we is employed in the Department. Mr. HOWE. I presume the Senate has no appropriated $210,000 for this item, and at Mr. SHERMAN. I do not think they are disposition to vote down any appropriation this session we appropriated for forty more entered. that is necessary to the conduct of that Del clerks, which made the aggregate there, as the Mr. FESSENDEN. I do not think the Senpartment or in any other Department of the Senator from Maine [Mr. MORRILL] 'has it, ator will find the temporary clerks there. Government; but it has seemed to me very $256,000 appropriated for the present year, Mr. HOWE. You will find clerks put down strange that we could not be made to under- the year that is now running on. Now, here both as "temporary” and as "additional," stand more clearly than I have been able to is what the Second Auditor says in regard to Quite a number are put down as additional" understand how it is that this additional force the business in his office; the great bulk of it in the Secretary's office, and clerks are pat is still necessary. Outside of the Second and is there :

down as

temporary' in other bureans. But Third Auditor's offices, I cannot conceive why

SECOND AUDITOR'S OFFICE, the Official Register gives the force in the office there should be the slightest pretext for any.

TREASURY DEPARTMENT, February 27, 1868.

of the Second Auditor like this: six fourth-class thing like a temporary force. I can under- To the Secretary of the Treasury:

clerks, and you have six fourth-class clerks in stand that there may be accumulations of busi

SIR: In reply to your communication of the 25th ness in the Second and Third Auditor's offices utive, and judicial appropriation bill making approinstant, calling my attention to the legislative, excc

the bill; fifty-five third-class clerks, and you

have fifty-four third-class clerks in the bill; growing out of the war, left over from the war, priations for the fiscal year ending 30th June, 1869, one hundred and nine second-class clerks, and wbich it may be advisable to dispose of by the and suggesting

you have one hundred and eight second-class employment of temporary help, rather than by The Senate will see that we endeavored to clerks in tbe bill; two hundred and nine firstincreasing the number of regular clerks; but | reduce in all these bureaus-

class clerks, and you have two hundred and it will be remembered that the business in "first, that if it be possible to make any reduction in twelve first-class clerks in the bill. That is those two bureaus must have reached its max. the estimates of this bureau prepared last summer, the force in the Second Auditor's office, as imum several years ago; that is to say, the

such reduction be made ; and secondly, that if, on the number of accounts and claims on file await. contrary, tbis office is not adequately provided for by

stated in the Oficial Register. There are, in said bill, and my increased appropriation is neces- addition to that, messengers and laborers. ing examination, I think, cannot be greater

sary beyond the estimates of last summer, that the But I agree that there may be a propriety this year than it was two years ago or three

items and the reasons for the same may be given,"
I have the honor to state:

for extra help in two bureaus, the Second and years ago. The Senator from Ohio shakes his

First, That it is not possible to make any redac- Third Auditor's. I believe there are no tem. head. If he has any information to the con.

tion of the estimates alrendy presented consistently trary I should be glad to hear it. with tho proper transaction of the business of the

porary clerks stated to be employed in the office.

Third Auditor's office in the Register.
Mr. SHERMAN. I will state to the Sen- Second, That on the contrary the office is not ade- Mr. SHERMAN. I read the official state.
ator that the information I get is that the great quately provided for by tho bill now before tbe Sen- ment that I just received this morning, show,
mass of the quartermasters' and paymasters'

ate Committee on Appropriations, for the reason that
tho increase of the business of the ollice has been such

ing the number precisely in each of these accounts and others growing out of the war as to necessitate an increase of force very consider- offices. The Senator was not present, perhaps, have been settled in the first instance in the ably beyond that which was contemplated at the time but I read an official statement showing the War Department in the offices of the Quarter

the estimates were made. Already thirty-three clerks
have been added to the number for which provision

number of clerks employed and paid out of che master General and Paymaster General, but is made by law and for which the estimate was made. this fund. they are still pending before the accounting

To accommodate this increased forco several addi- Mr. HOWE. I am calling the Senator's officers of the Treasury. Scarcely any of the

tional rooms in Winder's building and a separate

house on Eighteenth street bave been obtained and attention to the discrepancy between the official great accounts in that branch of the service

occupied, involving arrangements for the interior statement read this morning and the official have yet been settled. A large number of quarmanagement of the office wbich havo rendered a par

statement contained in the Official Register. termasters' and paymasters' accounts are sus.

tial reorganization of the same indispensable to the
prompt and successful conduct of business. An addi-

Mr. SHERMAN. In the Blue Book?
pended; the items are being reëxamined and tional estimate is therefore appended embracing the Mr. HOWE. Yes, sir.

force now actually employed, with fresh changes in Mr. HOWE. My statement is this—and I the grades of the clerkships, as are necessary to equal

Mr. SHERMAN. I do not know whether ize the salaries of the various heads of dvisions.

the Blue Book contains the temporary clerks. wish the Senator to speak to that—that the Very respectfully,


Mr. EDMUNDS. The Blue Book never connumber of accounts and claims awaiting settle


tains the temporary clerks. It only contains ment in the Second and Third Auditor's offices In conformity to this letter, and partly upon the four classes provided for by law. must have been as great three years ago as it

this letter, we proposed to legalize the appoint- Mr. HOWE. "The Senator says that with is to-day:

ment of forty clerks, Mr. SHERMAN. I will state that last year

the book in his hand, and he must be right. Mr. HOWE. In the pending bill?

Mr. EDMUNDS. Here it is; you can look the number of clerks provided for in the appro

Mr. SHERMAN. In an independent bill

at it. priation bill was larger than we provide for

for this current year. Now we are appropri. Mr. HOWE. I am much obliged to the Sen. now. Even this temporary force is decreased | ating for the next year, and we have taken off

ator for letting me look it up.


there are to the extent of $60,000.


appropriations for the current year $100,000 none in the Second Auditor's office, and none Mr. HOWE. I understand all that, but the in the face of the statements made by these in the Third Auditor's office. regular force in the Second and Third Audit- officers that the present force is not too great. Mr. EDMUNDS. In the Blue Book. or's offices, I think the Senator must agree,

If the Senate think that we should go further, Mr. HOWE. You say there are none any: is more than sufficient to attend to the current and take away all these temporary clerks, they where. I say there are none in the Blue Book business, to dispose of the claims and accounts can do so.

in these offices. That is what I am insisting that arise from the annual transactions of the Mr. HOWE. The Second Auditor in that

upon. officers who account to those bureaus. I assume communication, as I understand it, is explain- Mr. EDMUNDS. And that is what I am that it must be more than adequate for that | ing the necessity, not for an additional force,

insisting upon. purpose, because it was adjusted upon the but for continuing the force allowed him already. Mr. HOWE. Bat I understand the Senator necessities of the war season when we had an

Mr. SHERMAN. We now reduce it.

from Vermont to insist that in the Blue Book Army and a Navy upon a war footing. Then Mr. HOWE. By this bill? we attempted to fit up the force in these two Mr. SHERMAN. Yes, sir ; by this bill, and

there are none anywhere in the Treasury

Department. bureaus to meet that exigency. That exigency || by this very amendment that is pending. Last

Mr. EDMUNDS. I am only speaking of has already passed, and yet the force of these || year we appropriated on this letter for the cur

the point under consideration. two bureaus is undiminished. lly understand. rent year ending the 1st of July next, $256,000- Mr. HOWE. Then we shall not have any ing has been that although they have not cleared the precise amount can be given by my friend dispute about that, for that is the poiut I make, off these accumulations in their offices yet from Maine, [Mr. Morrill]-first $210,000, they are every month reducing them. But out- and then afterward an appropriation for extra

and I make it against the statement of the Sen

ator from Ohio, who gives us an official stateside of those two bureaus I wish the Senator clerks.

ment fresh from the Mint. I cannot reconcile from Ohio, or any one else who understands Mr. HOWE. Appropriated it for help in the discrepancy.

I do not know which is the subject, would explain to us what extra that bureau ? occasion there is or can be in any other of these Mr. SHERMAN. No ; for this general item; Townsend," "and which is not. (Laughter.]

authentic, which is issued by "old Dr. Jacob bureaus for help. There is the regular busi- and now the appropriations this year for the There are the two statements. ness. Whatever they have to do this year they || Second Auditor's office are less in this bill that the fact recited here yesterday by the Senmust have to do next year, as it seems to me. than they were last year.

ator from New Hampshire [Mr. PATTERSON] There are no accumulations of business left Mr. HOWE. I understand the statement tends to explain this discrepancy. Here you over from the war. They are attending to the read here this morning to say that some sixty have a statement that sixty odd of these tem; annual and regular transactions belonging to of these temporary clerks are employed in the porary clerks are employed in the Second their respective bureaus. So it seems to me; bureau of the Second Auditor. I wish to call

Auditor's office, and there you have a state, and the help pecessary to dispose of that busi- the attention of the Senate to what the Official

ment that not one is employed in the Second ness should be provided for by law; and it

Register says about this. The Official Register Auditor's office. seems to me they should be regular clerks. does not say that a single temporary clerk is Mr. EDMUNDS. Oh, no; not that state

Mr. SHERMAN. Will the Senator allow ll employed there. The last Official Registergive's ment.

I do not know

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