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the importance of the question of distilled spirits in the economy of exportation.

Now, Mr. Chairman, let me say that it is for those who favor the exportation of alcohol to devise a method, after the internal tax has been paid, where the property has been really used in business or for the purposes of exportation, so they can get their money back. Last night those of us who desired to carry out the propo sition of the gentleman from Iowa [Mr. PRICE] tried to get over the point of the destruction of that business by introducing a system of drawbacks, and nearly all the gentlemen in favor of this system of exportation fought it, and it was defeated by their votes. If, then, the amendment of the gentleman from Iowa operates harshly in regard to this thing, it is the fault of the gentlemen who last night refused to accept any amendment which entitled them to receive back any portion of the tax after the distilled spirits have actually been exported.

My object is to meet this question fairly. There is no necessity for these sections of the bill if the amendment of the gentleman from Iowa is adopted. From what I have seen they are only a portion of the machinery. I would trust the question of machinery to the chairman, as to have discussion in the House after the principle has been established.

them over with the understanding of which, however, I have not much hope from what I have seen-that if the plan proposed by the gentleman from Iowa and others, to be established by his amendment, prevails, then these sections shall be stricken out; but if it does not prevail, then these sections may be voted on as they stand in the bill. It will save a great deal of time.

Mr. JUDD. I withdraw my amendment. The CHAIRMAN. The Chair knows of no way in which the object can be reached except by considering the sections as stricken out.

Mr. LOGAN. I renew the amendment of my colleague. I desire to say a word on this question. It probably will be the last time I shall trouble the committee with any discussion of this point. I offered an amendment last night which was voted down. I had no opportunity to reply to the chairman of the cominittee or to the gentleman from Massachusetts. I take this occasion to say now that in my judg ment fair treatment of all propositions is the best policy if we desire to come to a rational understanding. It will not do to undertake to change gentlemen's opinions in reference to collecting the tax on whisky at the distillery by shaking a quart cup at them. Nor will it do for the gentleman from Massachusetts to undertake to change gentlemen's opinions about the propriety of arranging a drawback amount to more than all the revenues of the Government. That may be a very good way of discussing a question, but it has very little argument in it.

Now, sir, if gentlemen who believe with us and are in favor of the amendment of the gen-by offering an amendment saying it shall not tleman from Iowa, desire in good faith to export distilled spirits, let them prepare such a system as will return the tax after the article is exported in good faith, and I will vote for it. We tried to do it last night, but it was not satisfactory. If they will do it I will vote for it. We of the West are not for striking down any portion of the industrial interests of this country. We have as large a stake in this country as the gentleman from Massachusetts, and we are for giving free scope and encouragement to the business and commerce of the country. When he insinuates we struck it down

Mr. BUTLER. I did not insinuate it-I said it.

Mr. JUDD. When he says we struck down the export trade, he presents us in an attitude before the House and country I, for one, will not submit to it if I can help it.

[Here the hammer fell.]

Mr. SCHENCK. Mr. Chairman, I have no doubt the speech of my friend from Illinois was made in all seriousness, but it is about as funny a thing as I have ever listened to. Here are two systems. I was disposed to stand up in favor of the system of transportation and exportation, sufficiently guarded, as I think, but on the other side it was thought safer and better that distilled spirits, in every form and for every purpose, must have the tax prepaid at the distillery. The gentleman says they have prevailed over us, and now they want us to fix up the machinery for them. Now, a system of drawbacks was offered last night, I think about drawbacks as these gentlemen do about transportation in bond. Having carried their point, that distilled spirits intended for exportation must have the tax prepaid, it seems to me they should go further and renew their proposition of drawbacks, or in some way operate the bill on their plan. Therefore it is an amusing proposition, really, as presented by the gentleman from Illinois, that it becomes our bonnden duty to furnish the machinery for their plan.

I desire now to say that I was perhaps not clearly understood when up before, when I objected to the proposition made by my colleague, [Mr. GARFIELD.] He proposed that these sections, four or five of which are of no use now upon the decision made by the committee, should be kept open for amendsuggest that if the committee will adopt that proposition the Committee of Ways and Means have no amendment to offer. But I prefer the proposition made by my colleague on the committee for saving time, that by unanimous consent we withdraw these sections or pass II

ment.

Now, I propose to answer the statement of the gentleman from Ohio [Mr. GARFIELD] last night, while fighting my proposition. It was so remarkable and so perfectly absurd that I take this occasion to answer it. My propo sition was that the drawback system should only be allowed on the number of gallons exported, and that they should only have a return of fifty cents after evidence taken at the port of exportation and of arrival, and submitted to the entire satisfaction of the Secretary of the Treasury. The gentleman said that was opening a wider door for fraud than by any other system. Now let us see. Our export

ation of rum and alcohol amounts to from three to five million gallons. Now, will any man say to a sensible body of people that there is a greater door open to fraud where there are only four or five million gallons exported than there is where you provide for the transportation of all distilled spirits from Maine to California, amounting to a hundred million gallons? I ask gentlemen to reflect a moment and tell me if there is likely to be more fraud in the exportation of five million gallons than in the transportation of one hundred million? Mr. HOOPER, of Massachusetts. gentleman will allow me, I will admit there is more chance for fraud in reference to one hundred million gallons than in reference to five nillion; but I believe if this drawback system is adopted your exportation would amount to from twenty to fifty million gallons within a year

or two.

If the

be one exported you will make $30,000,000 by it rather than to have transportation all over this country.

[Here the hammer fell.]

Mr. LOGAN. Will gentlemen of the committee allow me to give them the quantity of exports in 1866? From grain, five hundred and three thousand one hundred and ninetysix gallons; from molasses, one million nine hundred and ninety-three thousand three hundred and thirty-four gallons. A little over two million gallons were exported from this country in 1866.

Mr. FARNSWORTH. I am opposed to the amendment. It seems to me that the argument presented here by the Committee of Ways and Means and the gentleman from Massachusetts, [Mr. BUTLER,] that if drawback is allowed it will open the door for immense frauds, is a confession of weakness. It certainly is a confession that the machinery presented by this bill for the collection of the tax upon whisky is very imperfect. If it is so imperfect that you are not sure that you will collect the tax on whisky I ask gentlemen what sort of assurance we may have, if you allow exportation without payment of tax, that whisky will not go upon the market through the same leaks and imperfections. It may be, if gentlemen cannot prepare a bill that makes the machinery perfect enough to insure the collection of this tax, that they have not ingenuity enough to provide for the payment of drawback, and to secure the Government against frauds. But it seems to me that it would not tax the ingenuity of a man much to do it, and I believe the gentleman from Ohio can provide a section which shall insure the Government, by requiring proof that the whisky which it is sought to export has paid a tax before the money is refunded. If a man manufactures whisky at the distillery for the purpose of exporting it he pays the tax there, and it is easy to trace that whisky to the seaport and to the foreign port, and to prove its identity.

Mr. ALLISON. That is just what we do in this bill.

Mr. FARNSWORTH. Very well; that is all we ask. Let the tax be paid at the distillery, and if your machinery is so perfect that you can trace that identical whisky, where is the chance to commit frauds on the Government by drawback?

Mr. HARDING. Suppose it is transported in bond to the rectifying establishment where it is made into alcohol, how can the gentleman say how many other barrels of illicitly distilled whisky are mingled with it in the production of alcohol, which alcohol goes out without any new imposition of tax? If you will make alcohol by continuous distillation at the distillery, and brand it there as tax-paid, you can identify it at the port of exportation as easily as you could a horse, and you cannot do it in any other way.

Mr. FARNSWORTH. I was arguing on the supposition that this bill provides sufficient machinery to secure the collection of the tax at the distillery warehouse. If the bill is not sufficient for that purpose, it is good for noth

it is sufficient to guard the Government against frauds by drawback. You certainly can trace the article anywhere and everywhere after it has paid the tax. If the machinery of this bill is not sufficient, if it is so imperfect that it does not insure the collection of the tax on whisky, then the Government is equally as liable to be defrauded as if you allowed exportation without the payment of the tax. So if you take either horn of the dilemma we are equally at sea, and equally liable to be defrauded. Now, I suppose the Committee of Ways and Means, by proposing a reduction of the tax to fifty cents per gallon, and by the contrivances proposed by them and by this Committee of the Whole to secure the collection of this tax, bave acted upon the presump. tion that the Government will be able to secure the whole or nearly the whole of it.

Mr. LOGAN. Very well; then to satisfying. If it is sufficient for that purpose, then the gentleman we will limit it. There was never yet exported more than five million gallons from the country, but we can limit it and provide some way by which the door shall be closed. But do not let gentlemen, because they have wedded themselves to a particular section of a bill, because it is their own child and is like themselves in feature, perhaps, when anybody else offers a proposition here, undertake to laugh it down. Now, sir, I say that if gentlemen strike these provisions out of the bill, and are not willing to provide any other means, I will introduce a proposition that will means saving of the prode. I will introduce the same proposition that I did before, and the committee may guard it as well as they have a mind to. reduce your export to $5,000,000, as the gentleman suggests, and then if you have to pay drawback on every gallon when there shall not

You may

Mr. ALLISON. I now ask that, in order

to save time, sections fifty-one, fifty-two, fifty- believe it is, in the amendment I have subthree, and fifty-five be stricken out.

Mr. BOUTWELL. I move to amend that motion by inserting what I send to the Clerk's desk in place of the sections proposed to be stricken out.

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The CHAIRMAN. Strictly speaking only section fifty-one is now under consideration. The gentleman can move what he proposes as a substitute for that section, and the question upon striking out the other sections can be determined when those sections shall have been reached.

Mr. BOUTWELL. Very well; then I offer what I have sent to the Clerk's desk as a substitute for section fifty-one.

The substitute was read, as follows: And be it further enacted, That a drawback shall be allowed upon alcohol and rum exported to foreign countries, on which taxes have been paid under the provisions of this act, of which proof shall be furnished by the person exporting the same, under such rules and regulations as the Commissioner of Internal Revenue may prescribe. Before any drawback shall be paid the exporter claiming drawback shall furnish satisfactory proof that the articles exported have been landed in a foreign country and sold, or consigned for sale in such country; and the Commissioner of Internal Revenue shall prescribe such rules and regulations as may be necessary to secure the Treasury of the United States against fraud. The drawback allowed shall include all the taxes levied and paid upon the alcohol and rum exported, not, however, exceeding sixty cents per gallon of proof-spirits.

Mr. BOUTWELL. I will add to my substitute the following from a proposition read by the gentleman from Illinois [Mr. LOGAN] the other day:

Provided, however, That no claim for drawback shall be allowed on either of the said articles which shall have been exported as aforesaid prior to the time at which this act shall take effect.

SEC.. And be it further enacted, That if any person or persons shall fraudulently claim or seek to obtain an allowance of drawback on any article or articles aforesaid, on which au internal tax shall have been paid, or shall fraudulently claim any greater allowance or drawback than the tax actually paid thereon as aforesaid, such person or persons shall forfeit and pay to the Government of the United States triple the amount wrongfully or fraudulently sought to be obtained; and on conviction thereof shall be imprisoned in the penitentiary for a period not less than one year nor more than ten years.

Mr. BOUTWELL. Upon the suggestion of members of the Committee of Ways and Means, I will modify my amendment so that the rules and regulations in regard to this drawback shall be prescribed by the Secretary of the Treasury and not by the Commissioner of Internal Revenue; perhaps that would be better. Now, I wish to say a few words to the Committee of the Whole in reference to this proposition. As is very well known, I am in favor of a system of transportation in bonds. I proposed a plan of my own which did not meet the approbation of the Committee of the Whole. I next sustained, as well as I was able, the proposition of the Committee of Ways and Means for a system of transportation in bond. But the judgment of the Committee of the Whole seems to be that there shall be no such transportation in bond, but that the taxes upon all distilled spirits shall be paid before the article is removed from the distillery warehouses. I am unwilling that the export trade in distilled spirits shall be broken up; not because the trade itself is of such importance to the country as because of the fact that it is connected with a large trade in domestic products, cotton goods of various kinds, as a leading article of export to the coast of Africa, to South America, to the Indian ocean, and to other parts of the world. The abolition of this trade is not limited to the five millions of export commerce in whisky or alcohol and rum; but it is quadrupled, perhaps multiplied tenfold, or soon will be, in connection with other trade which cannot be successfully carried on, if this be abolished.

Although I think the drawback system the least desirable of the three propositions which have been presented to the committee, I still cannot consent, after ascertaining the judg. ment of the committee, that this branch of trade shall be abolished without making one more effort for its continuance under a drawback system pretty carefully guarded, as I

mitted.

Mr. BECK. Mr. Chairman, I desire to oppose the amendment. The drawback of sixty cents now proposed is certainly too high, if any drawback at all should be allowed, which I very much doubt. In my judgment, if we allow any drawback at all it should be a very small one. By other provisions in this bill we have cut off all right of removal of distilled spirits from the West to the markets of the East, where it is to be sold for home consumption. The manufacturers of the West can store their whisky only in the distillery warehouse, which must be upon the same lot as the distillery. Our Kentucky manufacturer, who never redistills, rectifies, or exports must keep his whisky on hand in the distillery warehouse at an immense expense for insurance, &c. He is never allowed to remove it until the tax has been paid. What we insist upon is that no other person shall be allowed, under pretense of export or anything else, to remove whisky until the tax is paid. Let every manufacturer or dealer be put on the same footing. Under pretense of exporting it whisky is sent across the river from Buffalo or Black Rock, from Detroit to Windsor, from Maine to Nova Scotia, from Brownsville to Matamoras; it is dodged about from one place to another under pretense of export until it gets back and floods the whole country, and heavy drawbacks are claimed on it. More frauds are committed in this way than in any other form. In this way the revenue is defrauded, while the honest manufacturer is debarred from getting his whisky to market. He must store it in the distillery warehouse, as I said, in the custody of the Government officers until the tax is paid. He cannot even transport to a fire-proof warehouse, which may be within a short distance of his establishment, without subjecting himself to the severest penalties.

But the exporter can carry whisky all over the country with the amplest opportunity to fraud, and he subjects himself to no penalty except the forfeiture of his bond, which may be worthless; while the distiller is punished by fine, imprisonment, seizure, and confiscation of all his property if he is guilty of any fraud, or even neglects in the smallest details, even to the failure to paint pipes, guess at the capacity of his mash-tubs, or in the slightest particular violate a law that none but a lawyer can understand. Why this severity on the distiller and this leniency to the fraudulent pretended exporter who has partners in his fraud all along the lines? This whole system ought to be made harmonious. If gentlemen desire to impose such stringent requirements upon the manufacturers of whisky to be consumed in this country, let everybody else be subjected to similar requirements. Every gallon of whisky that gets into the market fraudulently under pretense of export is just that much stolen from the Government-that much stolen from the honest manufacturer who has to pay the tax or keep his whisky in the distillery warehouse. Hence the amendment of the gentleman from Iowa seemed to me to cover the difficulty; and this amendment proposing to allow a drawback ought not to be adopted unless the amount of the drawback be reduced from sixty to ten, fifteen, or twenty cents at the utmost, and Í think it had better be stricken out altogether.

Mr. BOUTWELL. I wish merely to state my reason for putting the drawback at sixty cents. The committee knows very well that the specific tax per gallon has been fixed at fifty cents. The tax of four dollars per barrel or ten cents a gallon increases the tax to sixty cents; and the additional tax upon the capacity of the distillery amounts to three cents more per gallon, making in all sixty-three cents tax. I have limited the drawback to sixty cents, three cents less than the tax actually paid. Hence, I think, there can be in this respect no ground of complaint. I wish only to add that the drawback is limited to alcohol and rum.

I yield the remainder of my time to the gentleman from New York, [Mr. GRISWOLD.]

Mr. GRISWOLD. I desire merely to say that in view of the striking out of every other provision calculated to preserve this export trade of the country, I for one trust the amendment submitted by my friend from Massachusetts will be adopted. I regard it as he does, as the most objectionable of the three plans which have been submitted to the House; but for one I am prepared to adopt almost any plan within the range of reason and propriety rather than strike down any material export interest that now exists in this country. I am one of those who will regard a business of that kind, a business now important and which promises in the future to become enlarged; but, sir, I am not one of those who believe we are at liberty in legislating for any of the great interests of the country to strike down any other interest. Inasmuch as this committee has indicated a determination they will accept no other amendment, I trust the amendment of the gentleman from Massachusetts will be adopted.

Mr. HARDING. I move to strike out, the last word.

Mr. Chairman, there is no provision in this bill for the payment of tax on alcohol. This provides that the tax on alcohol shall be returned as drawback on exportation. The presumption is, I suppose, under the bill as amended, that all alcohol is made out of spirits that have paid the tax. But, sir, that is not susceptible of proof except in the case of alcohol which is produced by continuous distillation. There we may have identification. Alcohol may be made out of distilled spirits that have not paid any tax, and yet when the alcohol is exported the Government will be compelled to pay these parties-not refund, for they did not pay anything-the amount of the tax that would be levied upon it. When you permit a man to take distilled spirits from the distillery and to transport them in bond, as this bill provides, to a place where they can be rectified and manufactured into alcohol, when it comes to be exported, in the nature of things, it cannot be identified.

Mr. LOGAN. The bill, as amended, provides that all distilled spirits shall pay tax prior to removal from the distillery. Alcohol, therefore, must be made out of tax-paid whisky.

Mr. HARDING. Not necessarily. The great frauds perpetrated are perpetrated in this way we know there are many small dis tilleries in garrets and cellars. These people distill alcohol out of whisky that has never paid any tax.

Mr. LOGAN. You cannot make alcohol in a rectifying establishment. Rectifying is only running it through charcoal.

Mr. HARDING. When alcohol is made out of whisky that is manufactured illicitly in this way, how is it to be identified? Only by affidavits, except in the case of alcohol from continuous distillation.

[Here the hammer fell.]

ENROLLED BILL.

The committee informally rose; and Mr. HOLMAN, from the Committee on Enrolled Bills, reported that they had examined and found truly enrolled a bill H. R. No. 365, constituting eight hours a day's work for all laborers, workmen, and mechanics employed by or on behalf of the Government of the United States; when the Speaker signed the same.

MESSAGE FROM THE PRESIDENT.

A message in writing was received from the President of the United States, by Mr. MOORE, one of his Secretaries.

INTERNAL TAX BILL-AGAIN. Mr. HARDING. I withdraw the amendment.

Mr. MOORHEAD. I move to strike out "sixty" and insert "fifty" in the amendment. Mr. Chairman, I am in favor of drawbacks. I am not in favor of destroying this export trade; but I do not think there should be a premium upon that foreign trade. I therefore

move to strike out sixty cents and insert fifty cents, the amount of the tax.

Mr. BOUTWELL. There is more than ten cents of special taxes.

Mr. MOORHEAD. I understand that. We propose to refund the tax, and that is fifty cents; and I do not think the special taxes ought to be refunded. I am a member of the Committee of Ways and Means, and I have not said a word on this subject, as I could not support the chairman in the view he took. The amendment of the gentleman from Iowa [Mr. PRICE] has been adopted, however, and I am glad of it. I think it is a good amendment. It seems to be impossible to transport whisky from the distilleries to the sea-board in bond without the perpetration of frauds. The whole country knows it. I agree in this bill there are guards and checks thrown around this transportation not before in existence; but, sir, we know they will do us as they have done heretofore, get their whisky to market without paying any tax. I was opposed in committee to this transportation of whisky in bond, and also to these bonded warehouses, and I hope they will be entirely abolished. I am in favor of a drawback of fifty cents upon exported whisky, and I hope the amendment will prevail. Mr. BENTON. I rise to oppose the amend ment. I think there has been an exaggeration of the importance of this export trade. still it would probably be bad policy to undertake to prohibit it, and if we are not disposed to prohibit it, we should not impose such clogs upon it as to discourage exportation. It certainly seems to me a tax of fifteen cents would have that effect. Now, as has been

But

said by the gentleman from Massachusetts, a drawback of sixty cents would fall short of covering the amount paid on the gallon by at least from three to five cents. Now, while I think this export business of alcohol and rum is not to be specially favored in this country, still, under the present circumstances of our national indebtedness and the necessity of fostering and encouraging our manufacturing resources, I think we should not prohibit it. Therefore, I am opposed to fixing the amount of the drawback at such a rate as will amount to a tax of from thirteen to fifteen cents on the gallon. It seems to me if we allow any at all, such guards and restrictions should be imposed as to prevent all frauds and all impositions upon the officers of the Government, so as to secure an honest administration of the law. I think we should allow such a sum as will approximate very nearly to the amount of the tax paid.

The question was taken on the amendment of Mr. MOORHEAD, and there were-ayes 48, noes 52.

Mr. RAUM. I demand tellers.

Tellers were ordered; and the Chair appointed Messrs. MOORHEAD, and STEVENS of New Hampshire.

The committee divided; and the tellers were unable to agree as to the count.

The Chair ordered other tellers; and appointed Messrs. CULLOM, and WASHBURN of Indiana.

The committee again divided; and the tellers reported-ayes 62, noes 42.

So the amendment was agreed to.

Mr. SCHENCK. I desire unanimous consent of the committee to stop debate on this section. I understand the amendment of the gentleman from Massachusetts [Mr. BOUTWELL] to be a substitute for sections fifty-one, fiftytwo, fifty-three, and fifty-five.

Mr. BOUTWELL. I think the Chair stated it as a substitute for the fifty-first section. The CHAIRMAN. It could be regarded as a substitute for the sections that have not been read only by unanimous consent.

Mr. SCHENCK. I ask unanimous consent that debate may cease on the pending section. No objection being made, debate on the pending section was closed.

The question being taken on the amendment of Mr. BOUTWELL as a substitute for section fifty-one, it was agreed to.

Mr. SCHENCK. I now move to strike out sections fifty-two and fifty-three.

The motion was agreed to; and the sections were accordingly stricken out, as follows:

SEC. 52. And be it further enacted, That distilled spirits may be removed in bond, without payment of the tax, from a distillery warehouse, to be transported directly to an export bonded warehouse for the storage of distilled spirits, established at a port of entry as herein before provided, on application of the distiller or owner of such spirits to the collector of internal revenue of the district from which such transportation is to be made, and under such rules and regulations, and after making such entries and executing such bonds and giving such other additional security, as may be prescribed by law and by regulations of the Commissioner of Internal Revenue, and after being inspected, gauged, proved, and marked, as provided by this act. The entry to withdraw for transportation shall be made in triplicate, and shall designate the name of the distiller or owner applying for the transportation, the name of the place to which it is to be transported, with the name of the consignee or agent at such place, and a full designation of the whole route by which it is to be transported, whether by water, by railroad, or otherwise, and shall be in form as follows:

[Transportation entry to export warehouse.] Entry of distilled spirits to be withdrawn by from the bonded warehouse of, in district State of, for transportation to, by - via -, consigned to

And the entry shall specify the whole number of casks or packages, the marks and serial numbers thereon, the number of gauge or wine gallons and of proof gallons, and the amount of the tax on such distilled spirits, all of which shall be verified by the oath or affirmation of the distiller or owner of the spirits, who shall give his bond, executed in duplicate, with one or more sureties satisfactory to said collector, conditioned that the principal named in said bond will transport the distilled spirits as specified to the port of entry named, and that said spirits shall be entered on or before arrival there, and shall be deposited in the export bonded warehouse; also, that he will export the said spirits beyond the jurisdiction of the United States within six months trom the date of said bond, or cause the same to be so exported; and the penal sum of said bond shall not be less than double the amount of the tax on such spirits. One of the entries shall be filed in the office of the collector, one shall be transmitted by said collector, with the bill of lading, to the collector in charge of exports at the port of entry to which the spirits are to be transported, and one, together with the duplicate of the bond, to the Commissioner of Internal Revenue, to be filed in his oflice. The removal from the warehouse of such distilled spirits

for transportation shall be only after receiving the

order or permit for the same, signed by the collector and addressed to the storekeeper, and after each cask or package has been distinctly marked or branded, at the expense of the distiller or owner, as follows: "Bonded in, district of, for transportation to the port of, in the State of (Inserting,

in each case, the number of the district and name of the State whence, and the name of the port and State to which the same is to be transported.) The bills of lading for such transportation shall be not less than three in number, and shall contain the name of the owner or his agent, with the name of the collector in charge of exports as joint consignees at the port of entry to which the same is to be transported, with a full statement of the whole route by which it is to be transported, and shall specify the marks and numbers on the casks or packages, and the name of the distiller of said spirits; two of said bills of lading shall be delivered to the collector of the district whence the spirits are transported, one of which shall be filed in his office, and the other transmitted by him, with the transportation entry, to the collector in charge of exports at the port of entry to which the spirits are to be transported. Every master of a vessel, conductor of a railroad car, and person in charge of any other vehicle by which distilled spirits are transported in bond by any route shall exhibi, on application of any officer of internal revenue, a manifest particularizing the casks or packages of distilled spirits so transported; and any distilled spirits transported under bond from one district to another shall be liable to seizure and forfeiture if found elsewhere than in regular transit on the route as prescribed in the entry for transportation of the same, or if, after arrival at the port of entry to which it was destined, it has not been entered for deposit in the warehouse as prescribed by law and regulation. Every collector shall report weekly, to the Commissioner of Internal Revenue, all entries made of distilled spirits, for transportation in bond from their respective districts during the week, and of distilled spirits transported into such district from other districts.

SEC. 53. And be it further enacted, That before the arrival of any distilled spirits, transported in bond as aforesaid, at the port of entry to which it was destined, or immediately on its arrival, the owner or agent named in the bill of lading as one of the consignees shall enter the same for deposit in the warehouse; and said entry shall be in triplicate, and shall contain the name of the person applying to make the deposit, the designation of the export bonded warehouse in which the deposit is to be made, the district and State whence it was transported, with the date of the transportation entry, and the conveyance by which it arrived, or is to arrive, in form, as follows:

[Entry for deposit in export bonded warehouse.] Entry of distilled spirits to be deposited by in export bonded warehouse which was

from

withdrawn for transportation by warehouse in the district, State of on theday of, A. D. for transportation to ———. And the entry shall specify the whole number of casks or packages, with the marks and serial numbers thereon, the number of gauge or wine gallons, and of proof gallons, and the amount of the tax on the distilled spirits contained in them, as stated in the transportation entry, all of which shall be verified by the oath or affirmation of said owner or agent, which shall be attached to the entry, and be in form as follows:

I. - - do solemnly swear that the distilled spirits described in this entry are the identical spirits described in the transportation entry made by in - district, State of, on the - day of

-, A. D, ; and that said spirits are the same in quantity, quality, value, and package, unavoidable waste and damage excepted, as at the time of said entry for transportation.

The said spirits, after being entered, shall, on arrival at the port of entry, be unladen from the vessel, railroad car, or other conveyance by which they were brought, under the supervision of an officer of internal revenue designated by said collector in charge of exports, who shall also supervise the transfer or conveyance of the same to such export bonded warehouse as the collector may by written order designate; and, after being gauged and inspected by a United States gauger designated by said collector, shall be deposited in such warehouse and a return shall be immediately made by the gauger to said collector of such gauging and inspecting, and the tax shall be paid on any difference in the number of proof gallons as shown by the return of the gauger and the number of proof gallons stated in the entry to withdraw the distilled spirits for transportation, after deducting therefrom the allowance for actual loss by leakage, to be established, ascertained, and proved under such rules and regulations as the Commissioner of Internal Revenue may prescribe. One entry for deposit in the warehouse shall be retained in the office of said collector, one shall be transmitted to the collector of the district whence the transportation was made, and one sent to the Commissioner of Internal Revenue, to be recorded and filed in his office.

The Clerk read as follows:

SEC. 54. And be it further enacted, That any distilled spirits may, on payment of the tax thereon, be withdrawn from warehouse on application to the collector of the district in charge of such warehouse, on making a wi hdrawal entry, in duplicate, and in form as follows:

[Entry for withdrawal of distilled spirits from warehouse. Tax paid.j Entry of distilled spirits to be withdrawn, on pay. ment of the tax, froin warehouse by · deposited on the day of, A. D. ——, by -, in said warehouse.

If withdrawn by any other person than the person who made the deposit, the authority for so doing shall be attached to the entry signed by the person who made the deposit, and be in form as follows: I authorize to withdraw from warehouse

the distilled spirits described in this entry. And the entry shall specify the whole number of casks or packages, with the marks and serial numbers thereon, the number of gauge or wine gallons, and of proof gallons, and the amount of the tax on the distilled spirits contained in them; all of which shall be verified by the oath or affirmation of the person making such entry; and on payment of the tax the collector shall issue his order to the storekeeper in charge of the warehouse for the delivery. One of said entries shall be filed in the office of the collector, and the other transmitted by him to the Commissioner of Internal Revenue.

No amendment being offered, the Clerk read as follows:

SEC. 55. And be it further enacted, That distilled spirits may be withdrawn for immediate export, without payment of the tax, from any warehouse at a port of entry where a collector has been designated by the Commissioner of Internal Revenue, to have charge of all matters relating to the exportation of articles subject to tax under the laws to provide internal revenue, on application of the owner thereof to the said collector, and under such rules and regulations, and after making such entries, and executing such bonds, and giving such other additional security, as may be prescribed by law and by the Commissioner of Internal Revenue. The entry for such exportation shall be in triplicate, and shall contain the name of the person applying to export, the name of the distiller, and of the district in which the spirits were distilled, the date of transportation from that district, and the name of the vessel by which, and the name of the port to which, they are to be exported; and the form of the entry shall be as follows:

[Entry for export of distilled spirits.] Entry of spirits distilled by ——, in-district, State of and transported thence on the-day of, A. D. -, to be withdrawn from house by board the to-.

ware

-, for immediate export by him on whereof is master, bound

And the entry shall specify the whole number of casks or packages, the marks and serial numbers thereon, the quality or kind of spirits as known in commerce, the number of gauge or wine gallons and of proof gallons, and amount of the tax on such distilled spirits; all of which shall be verified by the oath or affirmation of the owner of the spirits, and that they are truly intended to be exported to the port of, and not to be relanded within the limits of the United States; and said owner shall give his bond executed in duplicate, with one or more sure

tics satisfactory to said collector, conditioned that the principal named in said bond will export the distilled spirits as specified in said entry to the port of, and that the same shall not be landed within the jurisdiction of the United States. The penal sum named in said bond shall be equal to not less than double the amount of the tax on such spirits. For the discharge of any such export bond the same time shall be allowed, and the same certificates of landing and other evidence shall be required as is or may be provided and required for imported inerchandise Exported from the United States, that the said spirits have been landed at the port named, or at any other port beyond the jurisdiction of the United States, or upon satisfactory evidence that the spirits have been lost after shipment. One bill of lading, duly signed by the master of the vessel, shall, when shipped, be deposited with said collector, to be filed at his office with the entry, retained by him; one of said entries shall be sent to the collector of customs at said port of entry, and when the shipment is completed the other entry shall be transmitted, with the duplicate of the bond, to the Commissioner of Internal Revenue, to be recorded and filed in his office. The removal of such distilled spirits from the warehouse for exportation shall be only after the receipt of an order or permit signed by the collector in charge of exports and directed to the storekeeper of the warehouse, and after each cask or package shall have been distinctly marked or branded, at the expense of the owner, as follows: "U. S. export warehouse; for export." Before shipment the casks or packages shall be inspected and gauged alongside of or on the vessel by an internal revenue gauger, designated by said collector in charge of exports. under such rules and regulations as the Commissioner of Internal Revenue inay prescribe: and on application of the said collector in charge of exports it shall be the duty of the surveyor of the port to designate and direct one of the custom-house inspectors to superintend such shipment. The gauger, as aforesaid, shall make a full return of such inspecting and gauging, certifying thereon that the shipment has been made, in his presence, on board the vessel named in the entry for export, which return shall be indorsed by said custom-house inspector, certifying that the casks or packages have been shipped under his supervision on board said vessel; and the said inspector shall make a similar certificate to the surveyor of the port indorsed on, or to be attached to, the entry in possession of the custom-house.

Mr. SCHENCK. I move to strike out that section.

The motion was agreed to.

The Clerk read as follows:

SEC. 56. And be it further enacted, That distilled spirits may be withdrawn from any bonded warehouse other than an export warehouse for the purpose of being redistilled into alcohol within the city, town, or district in which such warehouse is situated, on application of the distiller or owner of such spirits to the collector of internal revenue of the district in which they are stored, under such rules and regulations, and after making such entries, and executing such bonds, and giving such other additional security as may be prescribed by law and by regulations of the Commissioner of Internal Revenue. The entry to withdraw for redistillation shall be made in duplicate, and shall designate the name of the distiller or owner applying for the redistillation, the name of the distiller and of the district in which it was distilled, the distillery in which it is to be redistilled, and by whom, and shall be in form as follows: [Entry to withdraw for redistillation.] Entry of spirits distilled by trict, State of - to be withdrawn from the distillery warehouse by for redistillation into alcohol by -, at distillery, and to be returned thereafter to the said warehouse.

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And the entry shall specify the whole number of casks or packages, the marks or serial numbers thereon, the number of gauge or wine gallons and of proof gallons, and the amount of the tax on such distilled spirits, all of which shall be verified by the distiller or owner of the spirits, who shall give bis bond, with one or more suretics satisfactory to said collector, conditioned that the principal named in said bond will return the said spirits, and enter the same after redistillation into alcohol for deposit in the warehouse from which it was withdrawn, within thirty days from the date of said bond, and will pay the tax on any quantity of proof gallons so returned less than the number of proof gallons stated in the entry to withdraw the distilled spirits from the warehouse; and the penal sum of said bond shall be not less than double the amount of the tax on such spirits. One of the entries shall be retained and filed in the office of the said collector, and the other transmitted to the Commissioner of Internal Revenue, to be filed in his office. The removal from the warehouse of such distilled spirits, for redistillation, shall be only after receiving the order or permit for the same, signed by the collector and addressed to the storekeeper, and after each cask or package has been regauged and inspected, and distinctly marked or branded at the expense of the distiller or owner, as follows: "United States warehouse for redistillation."

Mr. ALLISON. I move to strike out that section. It is the same subject.

The motion was agreed to.

The Clerk read the next section, as follows: SEC. 57. And be it further enacted, That within thirty days from the date of the bond given for the withdrawal from warehouse of any distilled spirits

for redistillation, the alcohol redistilled therefrom shall be entered for warehousing by the distiller or owner thereof, and deposited in the same warehouse from which it was withdrawn; and the entry for warehousing shall be made in duplicate, and shall designate the name of the distiller or owner, the warehouse in which it is to be deposited, and the date of its withdrawal from said warehouse, and shall be in form as follows:

in

[Entry of alcohol for warehousing.] Entry of alcohol for warehousing by warehouse, — State of, redistilled from spirits withdrawn by me from said warehouse on the - day of, A. D. ——

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And the entry shall specify the whole number of casks or packages, the marks or serial numbers thereon, the number of gauge or wine gallons and of proof gallons, and the amount of the tax on such alcohol. The said alcohol, after being gauged and inspected by a United States gauger designated by said collector, shall be deposited in such warehouse; and each cask or package shall be branded or marked alcohol," and with the name of the distiller thereof, and serial numbers placed thereon; and a return shall be immediately made by the gauger to said collector of such gauging and inspecting, and the tax shall be paid on any difference in the number of proof gallons, as shown by the return of the gauger, and the number of proof gallons as stated in the entry to withdraw the distilled spirits for redistillation. The distiller or owner of any alcohol so deposited in the warehouse shall give his bond, with one or more sureties satisfactory to the said collector, conditioned that the principal named in said bond will, within six months from the date of said entry, withdraw the alcohol specified in the entry for consumption or sale, and pay the tax thereon; and the penal sum of such bond shall be not less than double the tax on such alcohol. One of the entries shall be retained and filed in the office of said collector, and the other transmitted to the Commissioner of Internal Revenue, to be filed in his office. Alcohol deposited in any United States bonded warehouse may be withdrawn on the payment of the tax, or for transportation in bond, without the payment of the tax, to an export bonded warehouse established and designated at a port of entry, and for export, in the same manner and on the same conditions, and the execution of such entries and bonds in all respects as provided for in the case of other distilled spirits.

Mr. ALLISON. I move to strike out that section.

The motion was agreed to.

The Clerk read the next section, as follows: SEC. 58. And be it further enacted, That the Commissioner of Internal Revenue be, and he is hereby, authorized to grant permits to curators or principal officers of incorporated or chartered scientific institutions to withdraw alcohol in specified quantities from bond, without payment of the internal revenue tax on the same, or on the spirits from which the alcohol has been distilled, for the sole and exclusive purpose of preserving specimens of anatomy, physiology, or of natural history, belonging to said institutions: Provided, That the said curators or other officers, on applying for such permit, shall file a bond for double the amount of tax on the alcohol to be withdrawn, with two good and sufficient sureties, who shall not be officers of the institution making application, said bonds and sureties to be approved by the Commissioner of Internal Revenue, and conditioned that the whole quantity of alcohol so withdrawn from bond shall be used for the purpose above spccified, and for no other; and that the curators, or other officers, shall comply with such other requirements and regulations as the Commissioner of Internal Revenue may prescribe. And if any alcohol so obtained shall be used or allowed to be used by any curator or other officer of said institution for any purpose other than that above specified, then the said curators, officers, and sureties shall pay the tax on the whole amount of alcohol withdrawn from bond, together with a like amount as a penalty in addition thereto.

Mr. BUTLER. That section should be stricken out. It provides for putting alcohol in bond, and taking it out without payment of tax. I move that it be stricken out. Mr. ALLISON. I think it ought to be stricken out.

The motion was agreed to.
The Clerk read as follows:

SEC. 59. And be it further enacted, That at any port of entry bonded warehouses may be established, to be known as bonded manufacturing warehouses, in which medicines, medical preparations, compositions, perfumery, and cosmetics,, and cordials or liqueurs, composed in part of alcohol or other distilled spirits, may be manufactured for export exclusively, under such rules and regulations as the Commissioner of Internal Revenue may prescribe; and no building, or part of a building, shall be designated for such warehouse which has openings connecting it with other buildings or other rooms in the same building, or which shall be within six hundred feet of any distillery or rectifying establishment, nor unless recommended by the collector of the district and the collector having charge of exports at such port of entry, and approved by the Commissioner of Internal Revenue; and such warehouses shall be used for manufacturing the articles aforesaid for export, and for no other purpose, and shall be under the direction and control of said collector, and in charge of an internal revenue storekeeper assigned thereto by the

Commissioner of Internal Revenue, who shall keep a record of the distilled spirits received and how used, and of the delivery of any articles from the warehouse, and make such reports as required of storekeepers in other bonded warehouses; and no article manufactured therein shall be removed from such warehouse except on an order or permit from the collector in charge of exports at such portof entry for immediate transfer to the vessel by which it is to be exported to a foreign country as hereinafter provided. Any materials imported into the United States may, under such rules as now exist, or as may hereafter be prescribed for the removal of imported goods into United States bonded warehouses, be removed in original packages from on shipboard or from bonded warehouses in which the same may be, into the bonded manufacturing warehouse in which such manufacture may be carried on, for the purpose of being used in such manufacture, without payment of duties thereon. No articles so removed shall be used except in the manufacture of any of the above enumerated articles; and it shall be the duty of the internal revenue storekeeper in charge of such bonded manufacturing warehouse to personally see that said articles are used in such manufacture, and his certificate of such articles having been so used shall bo taken by the collector of customs of the district in which such warehouse may be situated, in cancellation of any bonds given for the payment of duties on such imported articles.

SEC. 60. And be it further enacted, That alcohol or other distilled spirits required for use in the manufacture of medicine, medical preparations, perfumery, cosmetics, and cordials or liqueurs, composed in part of such spirits, may be removed from bonded warehouse without payment of the tax, to be transferred directly to a bonded manufacturing warehouse in the collection district, to be used in manufacturing the articles aforesaid, on application of the manufacturer having such warehouse to the collector in charge of exports at such port of entry, and under such rules and regulations, and after making such entries, and executing such bonds, and giving such other additional security as may be prescribed by law and by the Commissioner of Internal Revenue. The entry for such removal and transfer shall be in duplicate, and shall contain the name of the person applying therefor, the kind of spirits, and the name of the distiller and of the district in which it was distilled, and designate the warehouse to which it is to be removed; and the form of the entry shall be as follows: [Entry of distilled spirits for manufacture in bond.] Entry of -, to be withdrawn from bonded waredistrict, State of -, by

house in the

-, to be manufactured by me for export from the port of -, to my bonded manufacturing warehouse in

And the entry shall specify the whole number of casks or packages, the marks and serial numbers thereon, the number of gauge or wine gallons and of proof gallons, and the amount of the tax on such distilled spirits; all of which shall be verified by the oath or affirmation of the distiller or owner of said spirits, also by the oath or affirmation of the person making such entry, who shall give his bond executed in duplicate, with one or more sureties satisfactory to said collector, conditioned that the principal named in said bond will transfer the spirits specified in the entry to his bonded manufacturing warehouse, and, after using the same for manufacturing any of the articles allowed by law, will enter for export all such articles in which said spirits have been used, and export the same to some foreign port, and that such articles shall not be landed or consumed within the jurisdiction of the United States. The penal sum named in said bond shall be equal to not less than double the amount of the tax on such spirits. The removal of such distilled spirits from the bonded warehouse shall be only after the receipt of an order or permit signed by the collector in charge of exports, and directed to the storekeeper of such warehouse, and after each cask or packageshall have been gauged and inspected, and shall have been distinctly marked or branded, at the expense of the person making the entry, as follows: For removal to bonded manufacsuring warehouse of "One of said entries,

with the duplicate of the bond, shall be transmitted by said collector to the Commissioner of Internal Revenue, to be filed in his office, and the other entry and bond shall be retained and preserved in the office of said collector.

SEC. 61. And be it further enacted, That medicines. medical preparations, perfumery, cosmetics, and cordials or liqueurs composed in part of alcohol or other distilled spirits and manufactured in bonded manufacturing warehouses as herein before provided, shall be withdrawn from such warehouses for immediate export, without payment of tax and without having stamps affixed thereto, on application by the manufacturer to the collector in charge of exports, and under such rules and regulations, and after making such entries and executing such bonds and giving such other additional security as may be prescribed by law and by the Commissioner of Internal Revenue. The entry for such exportation shall be in triplicate, and shall specify the name of the article to be exported, the number of packages, and the estimated quantity in proof gallons of distilled spirits consumed in the manufacture of the article to be exported and the amount of the tax on such spirits; and in all other respects, so far as applicable, the same forms shall be observed and the same proceedings had as provided for in regard to the export of distilled spirits: and the proof required of landing the same beyond the jurisdiction of the United States shall be the same as in the case of distilled spirits exported.

Mr. ALLISON. I move to strike out those three sections.

The motion was agreed to.

The Clerk read the next section, as follows: SEC. 62. And be it further enacted, That all distilled spirits in any bonded warehouse shall within one hundred days after the passage of this act be withdrawn from such warehouse, and the tax paid on the same; and the casks of packages containing said spirits shall be marked and stamped and be subject in all respects to the same requirements as if manufactured after the passage of this act. And any distilled spirits remaining in any bonded warehouse for a period of more than one hundred days after the passage of this act shall be forfeited to the United States.

Mr. SCHENCK. I move to amend that section by striking out the word "tax" in line four and inserting "taxes." I offer that amendment because I am instructed by the Committee of Ways and Means, when we reach section sixty-five, to move to add a provision that whisky in bond shall pay four dollars a barrel as a special tax as well as whisky in the distillery.

The amendment was agreed to..

Mr. O'NEILL. I move to strike out the section. I do not see why the very hard condition proposed in this section should be put upon those who have whisky in bond. There are many persons in this country, in all the eities on the sea-board, who have invested their money in whisky legitimately, either for the purpose of home consumption or for exportation. I cannot imagine why the committee should insist upon putting these hard terms on men who, perhaps to the extent of hundreds of thousands of dollars, in single instances have invested in whisky, and who have a right in fair business transactions to a profit on their investment at the time when according to their own notions they should sell. I undertake to say that the payment of this tax at the expiration of one hundred days by some of these gentlemen would amount to so large a sum that their entire capital in this trade might be swept away. Why, look at it. Compare it with the bonded system in the customs department of the Government. Look how the Government protects the merchants who import goods from foreign countries. It does not make a sweeping law, saying to them, "In a hundred days you shall withdraw your goods for consumption, or if you do not you shall forfeit them, and thus lose every dollar you have invested in them." I think, sir, that we ought to give the manufacturer of whisky, or the purchaser of whisky to sell again, the legitimate business man, who has used his capital for the purpose of making money by it, the same chances that we give under the laws to the importer of foreign goods. We allow him to-day the privilege of putting his goods in a bonded warehouse for one year without exacting from him any penalty, giving him the right to withdraw them at any time within that year for consumption at home, to sell them in the home market, and then, after that period has expired, he has the further period of two years to withdraw them, at an advance to be paid by him of ten per cent. upon the duties, and if for exportation only, no advance upon their withdrawal.

But here it is proposed to every one who is doing business legitimately, simply because it is in whisky, that unless he take it out of bond within one hundred days, thus throwing millions of gallons upon a falling market, perhaps, that the extreme penalty of forfeiture shall be suffered. The severity of such an enactment would drive good men out of our community and would stifle enterprise. We would have bankruptcy all around us; and the citizen who feels that he has a right to embark in such occupation as he pleases would at once complain that instead of being protected in his operations by just and fair laws he is made the victim of such demands as must inevitably lead to his destruction and utter ruin.

I do not mean to espouse the cause of the manufacturer or trader in whisky especially. The duty of Congress is not confined to imposing severe laws upon one class of business men only. To be sure we should not hesitate to provide for taxation, but let us be careful in our efforts not to oppress our constituents so

far as to injure their investments, although they may be made in whisky. That it should bear a large portion of our burdens I believe, but legitimate transactions should be fostered, and the exactions of the law should be so enforced as to bring about their cheerful observance by every one. We can afford to defend the upright dealer in whatever line of business he may be; and even if we are persuaded that great frauds have been committed in the whisky traffic, yet we can all of us bring to our minds many of our constituents who, in a series of years, have been engaged in making and selling that article, and have never been known to deprive the Government of one dollar of taxes. It is difficult to bind bad men by even the most stringent laws; and so we have the greater reason for legislating for the benefit of the honest, who, at last, have to pay the penalty, in one way or another, of the shortcomings and frauds of the dishonest.

Now, sir, I do not care to stand here as the special defender of the whisky sellers, either small or great; but I do stand here as the defender of the legitimate business men of the country. I am always ready to vote for what I believe to be right. I desire, if possible, to increase the revenues of the Government, but in seeking that object I am not willing to do an act of injustice. I hope the section will be stricken out.

Mr. FARNSWORTH. I move that the committee rise, so that the House may act on the veto message of the President on the omnibus' reconstruction bill.

66

Mr. SCHENCK. I hope the committee will not rise till we have gone through with the provisions relating to spécial taxes. Mr. FARNSWORTH. There are many very good reasons why that veto message should be acted on now.

On the motion of Mr. FARNSWORTH, there were ayes 43, noes 46.

Mr. FARNSWORTH. I call for tellers. Tellers were ordered; and Messrs. FARNSWORTH and PILE were appointed.

The committee divided; and the tellers reported-ayes 53, noes 36.

So the motion was agreed to.

The committee accordingly rose; and the Speaker having resumed the chair, Mr. BLAINE reported that the Committee of the Whole on the state of the Union had, pursuant to the order of the House, had under consideration the Union generally, and particularly the special order, being House bill No. 1284, to change and more effectually secure the collection of internal taxes on distilled spirits and tobacco, and to amend the tax on banks, and had come to no resolution thereon.

ENROLLED BILLS.

Mr. HOLMAN, from the Committee on Enrolled Bills, reported that the committee had examined and found truly enrolled bills of the following titles; when the Speaker signed the same:

An act (H. R. No. 236) granting a pension to John Q. A. Keck, late a private in the third Missouri cavalry; and

An act (H. R. No. 347) for holding terms of the district court of the United States for the southern district of Illinois, at the city of Cairo, in said State.

REPRESENTATION OF SOUTHERN STATES. The SPEAKER laid before the House a message from the President of the United States, which was read, as follows: To the House of Representatives :

In returning to the House of Representatives, in which it originated, a bill entitled "An act to admit the States of North Carolina, South Carolina, Louisiana, Georgia, Alabama, and Florida to representation in Congress," I do not deem it necessary to state at length the reasons which constrain me to withhold my approval. I will not, therefore, undertake, at this time, to reopen the discussion upon the grave constitutional questions involved in the act of March 2, 1867, and the

acts supplementary thereto, in pursuance of which it is claimed, in the preamble to this bill, these States have framed and adopted constitutions of State government. Nor will I repeat the objections contained in my message of the 20th instant, returning without my signature the bill to admit to representation the State of Arkansas, and which are equally applicable to the pending measure.

Like the act recently passed in reference to Arkansas, this bill supersedes the plain and simple mode prescribed by the Constitution for the admission to seats in the respective Houses of Senators and Representatives from the several States. It assumes authority over six States of the Union which has never been delegated to Congress, or is even warranted by previous unconstitutional_legislation upon the subject of restoration. It imposes conditions which are in derogation of the equal rights of the States, and is founded upon a theory which is subversive of the fundamental principles of the Government. In the case of Alabama it violates the plighted faith of Congress by forcing upon that State a constitution which was rejected by the people, according to the express terms of an act of Congress requiring that a majority of the registered electors should vote upon the ques tion of its ratification.

For these objections, and many others that might be presented, I cannot approve this bill, and therefore return it for the action of Congress required in such cases by the Federal Constitution. ANDREW JOHNSON. WASHINGTON, D. C., June 25, 1868.

Mr. FARNSWORTH. I call for the previous question.

The SPEAKER. The question is, Will the House, on reconsideration, agree to the passage of this bill notwithstanding the objections of the President?

Mr. STEVENS, of Pennsylvania. I call for the previous question.

Mr. ROBINSON. Would it be in order now to move that this message be printed, and that it lie over for consideration on a future day? The SPEAKER. It would be if the previous question should not be sustained.

Mr. ROBINSON. I tried to get the Speaker's eye to make that motion.

The SPEAKER. But the gentleman from Illinois [Mr. FARNSWORTH] addressed the Chair before the gentleman from New York, [Mr. ROBINSON.] The gentleman from Pennsylvania, [Mr. STEVENS,] however, having had charge of the bill in its previous stages, was, by the usage, entitled to be recognized.

Mr. ROBINSON. I hope the previous question will not be seconded.

Mr. STEVENS, of Pennsylvania. For the information of the gentleman from New York, [Mr. ROBINSON,] I will simply say that there is not a word of news in this whole message. [Laughter.]

Mr. ELDRIDGE. If the gentleman from Pennsylvania wants "news," had he not better have read telegrams from various parts of the country showing the results of recent elections? [Laughter.]

The previous question was seconded; there being-ayes 75, noes 26.

The main question was ordered.

The SPEAKER. The question is, Will the House, on reconsideration, agree to the passage of this bill notwithstanding the objections of the President? On this question the vote, by the requirement of the Constitution, must be taken by yeas and nays.

The question was taken; and there wereyeas 108, nays 31, not voting 55; as follows:

YEAS-Messrs. Allison, Ames, Anderson, Arnell, Delos R. Ashley, Bailey, Baldwin, Beaman, Beatty, Benjamin, Benton, Blaine, Blair, Boles, Boutwell, Broomall, Buckland, Butler, Sidney Clark, Cobb, Coburn, Cornell, Covode, Cullom. Delano, Dixon, Driggs, Eckley, Eggleston, Ela, Eliot, Farnsworth, Ferriss, Ferry, Garfield, Gravely. Griswold, Halsey, Harding, Hawkins, Higby, Hinds, Hooper. Chester D. Hubbard, Ingersoll, Jenckes, Judd, Julian, Kelley, Kelsey, Ketcham, Koontz, George V. Lawrence, William Lawrence, Lincoln, Logan, Loughridge,

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