Obrazy na stronie
PDF
ePub

upon

Mr. RAMSEY. Not at all. You can have them, and more of them if you desire them there. Mr. THAYER. I want to say to my friend from Minnesota, who represents that these Indians were the worst of those who removed from Minnesota, that since they have come into our jurisdiction they are peaceable, quiet Indians, and we have no disposition to have them removed.

Mr. RAMSEY. I am glad to know that you are so pleased with them. We can send you another installment. [Laughter.]

Mr. THAYER. We treat them kindly and civilize them.

The bill was reported to the Senate, ordered to be engrossed for a third reading, read the third time, and passed.

STEPHEN G. MONTANO.

Mr. SUMNER. I move that the Senate

No. 553.

Mr. CONNESS. What is it about?
Mr. SUMNER. It is entitled "A bill to pay
Stephen G. Montano, a citizen of Peru, an
unpaid balance of money awarded to him by
the mixed commission authorized by the con-
vention of January 12, 1863, between the
United States and Peru." It grows out of a
judgment of a California court.

stowed upon them, authorized the sale of the
reservation, and the distribution of the pro-
ceeds of that sale from time to time among
these Indians. If it is desired, I can read the
various sections of the law of 1863, but I pre-
sume that is not necessary. It provided that
the President should locate these Indians
a tract, using the word "tract" in the singular,
outside of the borders of any State. In pur-
suance of that authority, the most mischievous
of these people, those who were kept in prison
for some time at Davenport, a thousand or so
of them, those who had been convicted by a
court-martial of violence upon the white set-
tlers in Minnesota, were removed to a reserva-
tion at the mouth of the Niobrara. The pro-
ceeds of the sale of their old reservation,
under the construction which the Indian de
partment gives to this law, are distributed
entirely among those Indians; and yet they
are but a small fraction and the least deserving proceed to the consideration of Senate bill
fraction of the Indians who formerly were
entitled to the reservation in Minnesota and to
its proceeds. There were four bands, the
Waupetons, Medawakontons, Waupekutes, and
Sissetons. The Waupekutes and Medawakon-
tons were the mischief makers, the bloody
Indians who were sent down to the mouth of
the Niobrara; the others are up in the Territory
of Dakota, and by a treaty which the Govern-
ment made with those Indians in the spring
of 1867 they were entitled to a reservation, and
to some other advantages to be provided for
them by the Government. But not one cent
from that time to this has ever been given
to them; they are without the least help; and
the Indian department is unable to give them
any assistance whatever. The Indian depart-
ment hold that their power for the benefit of
these bands is exhausted by the distribution
which they make to the Indians at the mouth
of the Niobrara; but there are only one thou-
sand there, and there are four thousand Sis-
setons and Waupetons in Dakota, and recog-
nizing the fact that they are entitled in equity
to an equal participation this bill is intro-
duced. There is an accumulation of about
fifty thousand dollars, probably, realized from
the sale of their old reservation, and with the
assistance of one half or two thirds of that, to
which they would be properly entitled, the
Government can do them a benefit and help to
open their farms on the reservation. The Sen-
ate will recollect that some time ago it agreed
to an appropriation of $20,000 for the relief
of these Indians, in consideration of their great
necessity and destitution; but that has not been
heard from since it went to the House of Rep-
resentatives, some two months since, and these
Indians are entirely without help, and the In-
dian Bureau is without the ability to help them.

Mr. MORRILL, of Maine. Does this bill come before the Committee on Indian Affairs? Mr. RAMSEY. It is recommended by the Committee on Indian Affairs unanimously. Mr. THAYER. The Senator from Minnesota has failed to answer my question.

Mr. RAMSEY. What was the question? Mr. THAYER. I will put it in this shape: does the bill relate to those Indians who are now located at the mouth of the Niobrara, in Nebraska?

Mr. RAMSEY. Certainly it relates to them; and it relates to those in Dakota.

Mr. THAYER. I ask to have the bill read again.

The bill was read.

Mr. RAMSEY. The only modification is that it introduces the words "tract or tracts" instead of the singular "tract." The first section of the act of 1863 provides that the President shall locate these Indians on a tract of land outside of the borders of any State. The whole object of this bill is to reproduce that first section with this change, using "tract or tracts, so as to justify the Indian Bureau in relieving the Indians who are located upon the reservation in the Territory of Dakota. There is no other way of relieving them.

Mr. THAYER. It does not result in removing the Indians from Nebraska?

40TH CONG. 2D SESS.No. 220.

Mr. CONNESS. It is not to pay for a British ship?

Mr. SUMNER. Oh, no; you are not against this.

The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill. It directs the Secretary of the Treasury to pay to Stephen G. Montano, a citizen of Peru, or his legal representatives, the sum of $27,800 43 in coin, with interest in coin from the 11th of July, 1864, to the time of payment, the same being an unpaid balance of money due to him from the United States under a decree of the mixed commission authorized by the convention of January 12, 1863, between the United States and Peru, for the settlement of pending claims of citizens of either country against the other."

The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed.

PORTAGE LAKE SHIP-CANAL.

Mr. CHANDLER. I move that the Senate proceed to the consideration of Senate bill No. 398.

[ocr errors]

The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill (S. No. 398) to establish the right of way of the Portage Lake and Lake Superior ship-canal, and to provide for the extension and completion of the same.

The PRESIDENT pro tempore. The Committee on Public Lands have reported the bill with an amendment in the nature of a substitute. The amendment only will be read, unless the reading of the original bill is called for by some Senator.

The Chief Clerk read the amendment, which was to strike out all of the bill after the enacting clause and to insert the following in lieu thereof:

That the Portage Lake and Lake Superior ShipCanal Company, a company organized under the laws of the State of Michigan, be, and hereby is, authorized to construct a breakwater in Keweenaw bay, Lake Superior, not exceeding two thousand feet in width, on the bank of said bay, and a ship-canal from the most eligible point in said bay to Portage lake, which canal shall be at least one hundred feet in width, and not less than thirteen feet in depth: Provided, The said canal company shall also remove the rocks in Portage lake, so as to secure free and unobstructed navigation, with thirteen feet water in the channel of said lake, through to the head thereof, and the right of way through said lake is hereby granted to said company, not exceeding six hundred feet in width. And the Secretary of War shall designate an engineer of the Army who shall examine the obstructions in said lake, and report the same to said Secretary, with maps thereof, and shall report to the said Secretary when the work contemplated in this section shall be completed in a permanent manner. And said engineer shall also ascertain whether any money has been expended to aid the navigation into Portage lake, in the route of said ship-canal; by whom expended, if any has been expended, the amount expended; and after deduct

ing the reimbursements received, if any, by persons so expending said money for the purpose aforesaid, shall report the balance to the said Secretary of War, if any balance is found, and shall establish the time in which the sum so found shall be paid; and the grants contained in this act shall be subject to the payment of said money so actually expended.

SEC. 2. And be it further enacted, That there is hereby granted to the State of Michigan for the use and benefit of the Portage Lake and Lake Superior Ship-Canal Company, to aid in the construction of the work provided for in the first section of this act, in accordance with the act of the Legislature of the State of Michigan in relation thereto, two hundred thousand acres of public land, to be selected from the odd-numbered sections in the Marquette land district, in the upper peninsula of Michigan, subject to sale or preemption, and which have been surveyed, but to which no preemption or homestead rights have attached, and which have not been reserved in any grant heretofore made by Congress nor otherwise disposed of. Said lands may be selected by said company at any time, and patents to issue therefor as hereinafter provided: And provided further, That said canal shall be and remain a public highway for the use of the Government of the United States, free from toll or charge upon the vessels of said Government, or upon vessels employed by said Government in the transportation of any property or troops of the United States.

SEC. 3. And be it further enacted, That the aforesaid company shall forthwith establish the route of said canal and the plan of said breakwater, and file plats or a plat thereof in the office of the War Department, and shall obtain the approval of the same by the Secretary of War, and all the expenses incurred in carrying out the provisions of this act shall be borne by said company.

SEC. 4. And be it further enacted, That if said breakwater and ship-canal shall not be completed according to the plans so approved by the Secretary of War, and said obstructions removed within five years from the passage of this act, the lands hereby granted shall revert to the United States: Provided, That whenever said breakwater and ship-canal shall be completed according to the provisions of this act, and said obstructions shall be removed, and said Secretary of War shall certify to the same patents for the lands herein granted shall be issued to the said

company.

Mr. HENDRICKS. I move to amend the amendment in section two, line thirteen, by inserting after the words "disposed of" the words and which are not known upon the maps or reports of the public surveys as mineral.'

The amendment to the amendment was agreed to.

The amendment, as amended, was adopted. The bill was reported to the Senate as amended, and the amendment was concurred in.

The bill was ordered to be engrossed for a third reading, was read the third time, and passed.

The title of the bill was amended so as to read: "A bill extending the Portage Lake and Lake Superior ship-canal to Keweenaw bay, providing for the right of way, and making a grant of land to aid in the continuance of said extension."

WAGON-ROADS IN DAKOTA TERRITORY.

Mr. FERRY. I move that the Senate proceed to the consideration of House bill No. 650, reported by me yesterday from the Committee on Territories and then laid over for examination.

The motion was agreed to; and the bill (H. R. No. 650) to amend act of 3d March, 1865, providing for the construction of certain wagonroads in Dakota Territory was considered as in Committee of the Whole.

Mr. FERRY. I move to amend the bill so as to limit the amount appropriated to the sum of $6,500, which is the estimate for the expense of the bridge now made by the Department of the Interior in a letter which I have from that Department in my hand. The amendment is in line three, after the word "that," to insert "so much of;" and in line six, to strike out the words "or so much thereof as may be necessary" and insert "as shall not exceed the sum of $6,500;" so as to make the bill read:

That so much of the unexpended balance of an appropriation made March 3, 1865, for the construction of certain wagon-roads in the Territory of Dakota, as shall not exceed the sum of $6,500, be, and the same is hereby, applied to the completion of the bridge over the Dakota river, on the line of the Government road leading from Sioux City, in the State of Iowa, to the mouth of the Cheyenne river, in Dakota Territory.

The amendment was agreed to.

The bill was reported to the Senate as amended, and the amendment was concurred in.

[blocks in formation]

Mr. HARLAN. I move to take up for consideration Senate resolution No. 107.

The motion was agreed to; and the joint resolution (S. R. No. 107) in relation to the Maquoketa river, in the State of Iowa, was considered as in Committee of the Whole. It proposes to give the assent of Congress to the construction of bridges across the Maquoketa river, in the State of Iowa, with or without draws, as may be provided by the laws of the State of Iowa.

The joint resolution was reported to the Senate.

Mr. MORRILL, of Maine. I ask the Senator from Iowa whether that is a navigable river?

Mr. HARLAN. It is not a navigable stream; it is a small mill stream.

The joint resolution was ordered to be engrossed for a third reading, and was read the third time, and passed.

REMOVAL OF CAUSES FROM STATE COURTS.

Mr. EDMUNDS. I move to take up the bill reported by me the other day from the Committee on the Judiciary for the removal of causes in certain cases from the State courts to the United States courts.

Mr. HENDRICKS. That bill ought not to be taken up now. It is a bill that will attract a good deal of attention and a good deal of discussion. I think it ought to be discussed, and it is impossible for me to discuss it to-day, for I am scarcely able to be here.

Mr. EDMUNDS. It will be absolutely impossible to discuss the bill properly until it is taken up; but do I understand my friend to say that he is unwell to-day?

Mr. HENDRICKS. Yes, sir.

Mr. EDMUNDS. I withdraw the motion if my friend is not able to discuss the bill now.

CENTER MARKET.

Mr. CORBETT. I move to take up Senate bill No. 394, which was reported from the Committee on the District of Columbia in February last. It is a bill which provides for the removal of Center market upon Pennsylvania

avenue.

The motion was agreed to; and the bill (S. No. 394) to provide for the removal of the Center market, in the city of Washington, and for the erection of a market building in a more suitable locality, was read the second time, and considered as in Committee of the Whole. It authorizes the Commissioner of Public Buildings to cause to be removed within twelve months all the buildings, sheds, and tenements of every description now located on the Government reservation on Pennsylvania avenue, between Seventh and Ninth streets west, and occupied as a city market, or for other purposes, and to cause the reservation to be inclosed and preserved in the same manner as other reservations now under his charge. The materials of the present market building are to be turned over to the mayor of the city of Washington for such public purposes as may be deemed proper under the direction of the corporate authorities of the city; and they are to enter upon and occupy, as a permanent site for a market-house, all of that portion of the public reservation, or so much thereof as may be necessary, bounded as follows: commenc ing one hundred feet south of the southeast corner of block three hundred and fifty, as marked on the plat of the city of Washington; thence west five hundred and eleven feet and four inches to a point one hundred feet south of the southwest corner of block three hundred and twenty-four; thence south one hundred and seventy feet along the east side of Twelfth street west; thence east five hundred and eleven feet four inches to a point on the west side of Tenth street west; thence north one hundred and seventy feet to the place of beginning. For the purpose of erecting such

market-house it is to be lawful for the said corporation to create a debt, in such form as inay be found most expedient, not exceeding the sum of $200,000, at a rate of interest not exceeding six per cent. per annum, notwithstanding any restriction in the charter of the city or existing laws to the contrary; but the Government of the United States in no event whatever is to be liable for the principal or interest upon any such loan; and the entire revenue of the building after paying contingent expenses and interest on the loan is to be appropriated to the payment of the money borrowed for that purpose. No more than $220,000 are to be expended in building the market-house, nor are any contracts to be entered into which involve a larger expenditure for its completion. The corporation are to have the right to hold and use the property so long as the building to be erected thereon shall be maintained as a market-house, and no longer.

The bill was reported to the Senate, ordered to be engrossed for a third reading, read the third time, and passed.

LEGISLATIVE, ETC., APPROPRIATION BILL. Mr. MORRILL, of Maine. I move that the Senate take up the unfinished business of yesterday.

The motion was agreed; to and the Senate, as in Committee of the Whole, resumed the consideration of the bill (H. R. No. 605) making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th of June, 1869.

Mr. MORGAN. I am instructed by the joint Committee on the Library to offer two or three amendments. The first is on page 11, line two hundred and fifty-four, to increase the appropriation "for the Botanical Garden, grading, draining, for procuring manure, tools, fuel, and repairs, and purchasing trees and shrubs, under the direction of the Library Committee of Congress," from $3,300 to $5,400. The amendment was agreed to.

Mr. MORGAN. I am instructed by the same committee to offer another amendment on the same page, in lines two hundred and fifty-seven and two hundred and fifty-eight to strike out $7,374 96 and insert $11,296 as the appropriation "for pay of superintendent

and assistants in the Botanic Garden and Greenhouse, under the direction of the Library Committee of Congress."

The amendment was agreed to.

Mr. MORGAN. I am also instructed to offer the following amendment, to come in at the end of line two hundred and fifty-eight, on page 11:

For the expenses of exchanging public documents for the publications of foreign Governments, as provided for by resolution approved March 2, 1867, $1,500. The amendment was agreed to.

Mr. MORGAN. I now offer the following amendment, to come in as an additional section :

And be it further enacted, That no statuary, paintings, or other articles, the property of private individuals, shall hereafter be allowed to be exhibited in the Rotunda or any other portion of the Capitol building.

Mr. SUMNER. That is a very good amend

ment.

The amendment was agreed to.

Mr. TRUMBULL. I move to strike out the proviso on page 12, lines two hundred and sixty-nine, two hundred and seventy, and two hundred and seventy-one, as follows:

Provided, That no judgment of said court for any sum exceeding $5,000, shall be paid out of this appropriation.

Mr. President, it will be seen that by this proviso the judgments of the Court of Claims for which an appropriation is made are not to be paid in case they exceed $5,000. The effect of that, of course, would be to bring all those cases to Congress, and we might as well dispense with the Court of Claims altogether. There is no reason why a judgment for $6,000 should not be paid as well as one for $5,000. An appeal lies to the Supreme Court in every case over three thousand dollars at any rate.

It seems to me that such a provision as this would destroy the value of the court, and it would hardly be worth while to continue the court if such a limitation were put upon the bill.

Mr. MORRILL, of Maine. I do not agree with the views of the Senator.

Mr. SHERMAN. I suggest to the Senator from Illinois whether, if that proviso is stricken out, the amount of the appropriation is not totally inadequate?

Mr. TRUMBULL. It is; and I intend to make a suggestion about that in a moment.

Mr. SHERMAN. I agree with the Senator entirely. It is in regard to these other claims that we want the judgment of the Court of Claims; but no claimant will commence a suit in that court if his claim is for more than $5,000, if he cannot get a judgment paid. It seems to me it would be ridiculous to keep up the Court of Claims merely to decide on claims less than $5,000.

Mr. TRUMBULL. Of course it would. It would be better to repeal the law creating the court, if this proviso is to prevail.

The amendment was agreed to.

Mr. TRUMBULL. I now call attention to the amount appropriated by this bill for the Court of Claims:

For payment of judgments which may be rendered by the court in favor of claimants, $100,000.

There was appropriated last year $700,000. I understand that only about five hundred thousand of that $700,000 have been used. The judgments of the court which have been paid only amounted to about five hundred thousand dollars. There are, however, a number of cases pending in the Supreme Court of the United States on appeal from the Court of Claims, and I am informed that if one half of them should be sustained by the court it would exhaust the past appropriation, so that there would be left only this appropriation of $100,000 to meet the judgments of the next fiscal year. The estimate made by the court as necessary to meet its judgments was $500,000. That estimate, I understand, on inquiry, is made up by an examination of the cases pending in the court and their character, and as to what might probably be recovered in those cases. Their estimate is $500,000. I think that amount should be put in the bill, and I will move that the word "one," in line two hundred and sixty-eight, be stricken out and "five" inserted. It would seem to me a very expensive thing to keep up a Court of Claims which costs, I suppose, $50,000 annually to adjudicate on claims only to the amount of $100,000.

Mr. FESSENDEN. Ishould like to inquire of my friend from Illinois if it is not dangerous to appropriate so much money and leave it to the discretion of the Court of Člaims; whether we ought not to specify what particular cases they shall decide! It looks to me to be a little dangerous to leave so great a discretion. Is there not danger of great fraud and abuse? The Senator proposes to leave $500,000 to the discretion of this Court of Claims without specifying how it is to be applied, and in what particular cases!

Mr. TRUMBULL. The Senator from Maine undoubtedly would like to compare the proceedings of the Court of Claims, where cases are tried and counsel employed, where the Government employs attorneys to defend it, and where the judgments are rendered after an investigation and the examination of witnesses, with the placing of $500,000 in the hands of some officer of the Government alone to distribute as he thought proper. The court only gives judgment on cases that are brought before it, and has no discretion. I believe, to give the money to favorites or distribute it in any par ticular way to increase the salary of anybody. However, I have no interest in it more than anybody else.

Mr. FESSENDEN. I merely wished to suggest to my friend, in his care, these matters for his consideration. Of course I do not want to interfere with any business which comes

from the Committee on the Judiciary. They have probably looked into this matter; but yet, as no money can be drawn from the Treas ury except in pursuance of law to meet particular subjects appropriated for, I did not know but that my friend might consider it dangerous. I thought, therefore, I would suggest it to him, in order that he might perceive and carefully consider the danger of leaving $500,000 to the Court of Claims-the danger of favoritism. No one knows how that court may decide in a particular case.

Mr. TRUMBULL. An appeal can be taken to the Supreme Court in all cases now, I believe.

Mr. FESSENDEN. If my friend is satisfied I am. I do not wish to raise a question about it.

Mr. MORRILL, of Maine. This is a proposition to increase the appropriation; and I do not understand the Senator to make it from any committee.

Mr. TRUMBULL. No, sir; and if there is any objection to it I do not propose to make it at all. I suggest it for the consideration of the committee. I should think it was one of those things which ought to be corrected.

Mr. MORRILL, of Maine. It cannot properly be moved unless it comes from a committee.

Mr. TRUMBULL. I have some other amendments to offer if the Senator objects to this.

Mr. MORRILL, of Maine. I think I shall raise the question under the rule on this prop osition. I object to it.

The PRESIDENT pro tempore. The amendment is withdrawn.

Mr. TRUMBULL. I understand the Senator from Maine to object to it as not coming within the rule. It is based on an estimate; but having offered the amendment to-day, and the Senator having received notice of it, I may, perhaps, renew it if the bill should be continued until to-morrow. I now move to amend the bill by inserting on page 29, after line six hundred and ninety-six, the following:

For services of the clerk of the district court of the northern district of Mississippi, as keeper of the records and files of the land office at Pontotoc, Mississippi, from June 4, 1866, to June 4, 1868, $500; and it is hereby made the duty of said clerk, on the passage of this act, to transfer the records and files aforesaid to the register of the land office at Jackson, Mississippi: and the nineteenth section of the act of March 3, 1853, entitled "An act making appropriations for the civil and diplomatic expenses of the Government for the year ending the 30th of June, 1854," be, and the same is hereby, repealed.

The amendment was agreed to.

Mr. TRUMBULL. I offer another amendment, to insert on page 9, after line two hundred and three, the following:

To enable the Secretary of the Senate and Clerk of the House of Representatives to purchase, for the use of the Senate and House of Representatives, ten thousand copies of Paschal's Annotated Constitution of the United States, $15,000.

by those who have examined it, and on con-
sultation with Mr. Paschal it is found that we
can purchase ten thousand copies of it, to be
placed in the hands of members of the Senate
and members of the House of Representatives,
and purchased through the Secretary and Clerk
of the two Houses, for the sum of $15,000.
That is $150 a volume; and the committee
instructed me to recommend the purchase of it.

Mr. HOWARD. I ask that the amendment
offered by the Senator from Illinois be again
reported.

The Chief Clerk read the amendment.

Mr. MORRILL, of Maine. I should like to inquire of the Senator from Illinois whether this is recommended by the Judiciary Committee?

Mr. TRUMBULL. Yes, sir; and notice
was served long ago on the Committee on
Appropriations.

Mr. MORRILL, of Maine. I remember that.
Mr. TRUMBULL. The Committee on the
Judiciary recommend that this appropriation

be made.

Mr. HOWARD. Mr. President, I do not wish to throw any unnecessary obstacle in the way of this amendment, if it be a proper one; but I cannot myself see the propriety of appropriating $15,000 to purchase ten thousand copies of Mr. Paschal's work. I have looked at the book myself, rather cursorily, to be sure, and I am satisfied that the author has bestowed great labor upon it; but whether it is worth while for Congress to patronize to that extent the book enterprise of a private individual is another question entirely. I would not

should all agree with the conclusion arrived at by the Senator from Vermont and the Senator from Oregon if the view presented by them was the true view of the subject. If this was a proposition to appropriate $15,000 for our own accommodation, convenience, and profit, I trust that every Senator would vote against this amendment. But that is not the way the subject strikes my mind. We certainly do not want ten thousand copies for our own accommodation. One copy for each Senator would be all that is necessary in that point of view. The object of this amendment is to furnish the Senators and Representatives with a limited number of this valuable book, in order that they may place it in societies and in the hands of here and there an individual perhaps among their constituents, so that the people of this country may become better informed not only with the Constitution, but with that vast amount of law which has accumulated explanatory of the Constitution. That is the great object of the amendment, and I think that it would be of incalculable value at this time in the southern States as well as in the other States that there should be a limited number of these books distributed. This is a Government resting on the Constitution, and nothing can be more important than that the people should understand its principles.

Another view and object of this amendment, doubtless, is to encourage and measurably, perhaps, compensate for the arduous labor which has been bestowed upon the work; but that is a subordinate view of the subject; the

my aid to furnish any necessary law boetuse main object
of this amendment is to place this

members of the Senate or members of the
House of Representatives; but I cannot see
the propriety of Congress embarking in such
an enterprise as this. I do not think it will
pay in the end. I differ in this, perhaps, from
the view taken of it by my honorable friend
from Illinois. Ishould like to have some further
explanation on the subject. I do not need Mr.
Paschal's book myself particularly, although
it may be a convenient manual on the Consti-
tution. I can get along without it.

Mr. MORRILL, of Vermont. If we do need
it, it is just such a book as each Senator and
Representative may very well put his hand in
his pocket and pay for. I trust we shall pass
no appropriation for books of this kind or any
other kind at this session of Congress.

Mr. WILLIAMS. I should, of course, defer to the judgment of the Judiciary Committee upon any question of law; but this appears to be a question involving an appropriation of money for the purchase of a certain book. I think that complaints are justly made against Congress for appropriations of this description. I know that if I need a book of this kind I can purchase one for my own use: and I presume that is true as to every other member of Congress; and all the information that may be derived from this book can be obtained from books to which all the members of Congress have access in the law library; and so far as information is concerned that we need here for the transaction of our official duties we have an ample opportunity to consult the libraries that are placed our disposal.

Mr. President, I will state to the Senate, what perhaps everybody knows already, that Mr. Paschal has prepared a publication of the Constitution of the United States with annotations, referring to all the decisions which have been made construing the different provisions of the Constitution. It is prepared with a great deal of care and contains a vast deal of material. The only objection that I know of to the workI presume the book has been placed in the hands of most Senators-is that it is published in very fine type, too small. If it were pub-law literature of the day; but I do not think lished in type of the same size as that used in the publication of our statutes it would make a volume as large as the volume of Statutes which I hold in my haud. That was one objection which some members of the Judiciary Committee had to purchasing any copies of it. The copies of Hickey's Constitution, which is a very valuable work, are becoming exhausted; and there is no book of more value to members of Congress and the public than the Constitution of the United States with these notes and references to every decision that has ever been made involving a construction of the Constitution. I shall take up no time in speaking of the work. It is very highly commended

I should be glad to some extent to patronize this enterprise. I have looked at the book, and regard it as a valuable contribution to the that Congress ought, for the mere convenience of its own members, to appropriate $15,000 for the purchase of this book. It is simply, as it seems to me, taking so much money and putting it into our pockets; for there is not, in my humble opinion, any necessity that each member should be furnished with this book. It consists, as I understand, of a compilation of the decisions that have been made by the dif ferent courts in construing the Constitution of the United States, very valuable, no doubt, for reference; but it will, of course, be found in the libraries of Congress, and that ought to be sufficient, it seems to me, for our use.

Mr. FRELINGHUYSEN. I suppose we

book in the hands of clubs and societies, so that the people may be informed as to the Constitution.

As to the book itself, from what examination I have given to it it seems to me to be of the highest order; and the very fact that it is in such a compact form, the print so fine that it can be afforded cheap, was made an objection in the committee, but it is not a book which you want to read through continuously from beginning to end. It is principally wanted for reference, and its very compact form is an advantage that it possesses.

This is no new proposition. I am informed that Congress has from time to time voted fifty thousand copies of Hickey's Constitution, and I really think that this is a great deal better thing than that, inasmuch as it contains the decisions of the Supreme Court, and is much more elaborate. I trust the amendment will be adopted.

Mr. HOWE. Mr. President, I should be sorry to see this appropriation made. My estimate of the value of the book, I think, is not below that of the Senator from New Jersey; but I think the Senator from New Jersey will agree with me that its value consists mainly in its adaptability to the wants of the legal profession and to members of legislative bodies. The annotations are very concise; they sug gest to a lawyer, to a professional mind, where the interpretations and adjudications upon particular points may be found; but I think the Senator from New Jersey told the truth when he said it was not intended for general reading. I think it is a book which you would scarcely expect a man to take up and read, any more than you would expect him to take up and read a dictionary. It is valuable to the lawyer; it is valuable to the statesman; it is convenient for reference, I think. I thought so, and I bought it, and I think I got the worth of my money; and I think any other lawyer, or any other statesman, who will buy it will be satis fied with his bargain; but I think if the Legislature were to appropriate the money to buy ten thousand copies, and distribute them, it would make a bad investment. We could apply the money in a great many ways to better advantage than that.

Mr. DRAKE. Mr. President, I have two objections to this amendment. One is that the price to be paid for these books, if the amendment should be adopted, is a very exorbitant one. I am satisfied that the price to be paid is three

ever, that we have not gone beyond that. Here is a proposition to accept the work of a gentleman who makes what is considered a valuable work, a law book, and purchase it in considerable quantities for distribution. The compilation of the Constitution and of matters cognate to the Constitution, referred to by the Senator from New Jersey, made by Hickey, is a peculiar case. It is not like this. We know something of the history of that. I think that is an excellent book, and I wish very much we could have a reprint of it. I found with great difficulty this winter one copy of it in an odd store, and I paid an odd price to get it. It is out of print, I understand. That, however, was a peculiar case.

times the cost of the manufacture of the book. The result of the amendment, if it is adopted, Is to put some ten thousand dollars of clear profit into the pockets of the proprietors of the work, whether the annotator or some book firm that has engaged in the publication of it. The second objection I have to it is to any such thing being done at the expense of the Government of the United States. I think that such enterprises should stand upon their own footing and upon their own merit, and not be cked out this way from the Treasury of the nation; and I call upon those Senators who have been so accustomed to talk about the condition of the public Treasury and about economy to look here and say what public good is to come from the expenditure of $15,000 to But now, Mr. President, I wish to make this buy ten thousand copies of this book. We suggestion to the Senate, which I consider, beshould, under that arrangement, probably beyond the mere expenditure of the money, the entitled to forty or fifty copies apiece, and unwholesome feature of this case: once establish what should we do with them? Send them to that applications of this sort are to be enterthat number of individuals in our respective tained and to succeed on account of the merits States. Where is the public benefit that is or the pertinacity of the person or the sympa derived from a transaction of that kind? I do thy which may be enlisted for him, and every not see it; and least of all do I see any neces- sort of book-maker comes here. It is not only sity for paying $1 50 à copy for a book that Lanman's Dictionary of Congress, which has does not cost fifty cents a copy to manufacture. eventually been dispensed with, I believe, but the author of every sort of book, however remote it may be, if it relates to any subject commanding the respect of Congress, comes here asking that he be assisted; and if authors are to be assisted, why not artists? Why not men excellent in the fine arts as well as in law or in literature?

Mr. CONKLING. Mr. President, this proposed appropriation comes, it seems, from the Committee on the Judiciary. I was not aware that such an amendment had been recommended by that committee. I was present in the committee on two or three occasions when the proposition was considered, and when various amendments with regard to it were submitted, none of which commanded the approval of a majority of the committee; and I was not aware that it had been brought up afterward, and a recommendation made; it must have been when I was absent. Being a member of the committee from which it comes, I wish to express my dissent to the amendment.

I submit, sir, that the whole thing is beyond any province which we can fairly assume; and therefore, without criticising this book at all, without denying that it would be valuable to members of Congress and to others, I shall vote against this appropriation, and I hope it will not prevail either for its own sake or for the example it will set.

Mr. HENDRICKS. Mr. President, if this were a new question I suppose I should oppose the buying of any books; but this is a matter too well settled now for any member of Con

I should be very glad to see the gentleman who has compiled this book, evidently with a great deal of labor, receive from some source a recompense and a profit for his work; but I see no principle upon which he ought to receivegress to raise a question about it. A number it from us. If the book is to be bought upon the theory that it is valuable to the members of the two Houses, then it is a discrimination, I submit, wholly arbitrary between this book and many others more indispensable, which we are compelled to resort to the public library to look at, or else to buy, unless we do without them altogether. During my service in Congress I have purchased a great many books which I found indispensable. I have done so this winter. I could enumerate them if it were worth while, and Senators would see that they are much more useful and much more indispensable than this book. Therefore I say, if the idea is to furnish to each Senator and member of the House of Representatives facilities for information, it would be better to appropriate a sum of money and allow each member from that sum to help himself to the books which his convenience and exigencies most require.

But if the idea suggested by the honorable Senator from New Jersey is the true one, that it is to be purchased for popular distribution, then I submit that this proposition is indefensible. Why? Because although the book may be excellent there are a great many other most excellent books which it would be well to distribute, but which_nobody proposes to buy at public expense. For example, we have never distributed the Scriptures, and yet we cannot shut our eyes to the fact that large portions of this country are greatly in need of the Scriptures, the Old Testament and the New, and possibly portions of the country which have representatives here to speak for them. I do not venture to speak for them, as I have no personal knowledge of any region so benighted. There are many other books which would be very useful, but we do not buy them. We confine our book distribution to books made here and the departmental books, and I have long thought that there was a fair field for criticism and discussion there. Suffice it to say, how

of years ago a large number of copies of a Digest of the Constitution was purchased by Congress for distribution-Hickey's Constitution, I think it was called-and a few years since Lanman's Dictionary of Congress was bought, being a book giving the biographies of members. Then we publish at the Government Printing Office matter by the ton, and by the hundreds of tons, I suppose. This is a good book; a very valuable work. It is a very limited view of the case to suggest that members want it for their own use. I suppose no Senator really thinks anything of that sort when he makes the suggestion. There is no such purpose as that, of course. It is for the same purpose that we order tons of worthless matter to be printed and published and sent out among the people. Here is in a succinct form a great deal of information. Ten thousand copies will cost $15,000, while we print books costing much more which are really not worth the space they occupy in our libraries, which are never opened after they go away. This is a useful book, and I prefer in buying or publishing books to take care, so far as possible, that they shall be useful. This book presents in a succinct form, well arranged, all the authorities on the Constitution of the United States. When there is so much controversy in Congress and elsewhere in regard to the proper construction of the Constitution it seems to me it is well enough to throw out among the people in such a form as this some information of it. It is very much better than to be printing reports of explorations and reports of boundary surveys containing exhibitions of birds and insects and creeping things that cost enormous sums of money, and that are only useful to amuse the children of the people at their homes. Here is a useful book, and I think it is proper that we should aid in its publication and distribution.

Mr. EDMUNDS. As one member of the Judiciary Committee, I wish to oppose, as far

as my vote and influence, if I have any, go, this amendment. I do not think this is the time when we can indulge in luxuries, or, if you please to call them so, useful necessaries of this description. The book is a good book, and there are a thousand other good books, and it would be a very fine thing if everybody had it; but I feel very sure that my constituents do not want to pay taxes for the purpose of having another copy of the Constitution sent into Vermont. We have a good many copies of it there already, and have had for a great many years; and also of the decisions that have been made upon it. When the whole country is groaning under taxation, and when every additional dollar in an appropriation bill is an additional burden upon the people, whom my friend from Indiana loves so well, I think it is high time that we should pause in this matter of book-making, and endeavor to bring up the balances of arrearages that now exist in the revenue before we enter upon schemes of this kind. The fact that we have, unwisely or otherwise, hitherto indulged in the luxury of printing and publishing and buying books for the people, such as have been named, is no argument in favor of this proposition. Undoubtedly there have been great abuses of that kind, and this will be another, under existing circumstances, in my opinion. I am very sorry, indeed, that my friend from Illinois has offered the proposition.

Mr. FESSENDEN. When I first came to the Senate it was the fashion to publish everything that originated under any action of Congress in the way of exploring expeditions, boundary surveys, Pacific railroad surveys, and all such matters, and the expense was very enormous, and the benefit, in my judgment, comparatively slight. It was also the fashion occasionally to purchase other books manufactured out of Congress and not under the direction of any officer of the Government, but that was not carried to any very great extent. Hickey's Constitution is the only instance I recollect of a book purchased by Congress in large numbers, and that was stopped soon after I came to the Senate; it was thought that that had gone far enough. I am not aware of any instance of the kind since that time, except in the case of Lanman's Dictionary, and I suppose the peculiar reason for purchasing that was that it contained something about ourselves that it was thought imporant to communicate to everybody, as far as possible. I cannot give any other reason for it. But, sir, I was not in favor of any of those propositions; and the effort has been of late years, instead of buying other people's books, because we published too many of our own, as suggested by the honorable Senator from Indiana, to see if we could not cut down the number. His argument seems to be that because we waste a great deal of money publishing books that we get up ourselves, and which are of no value, therefore we should spend an additional sum in buying books got up by other people. The argument does not strike me as a sound one. If we publish so many useless books ourselves, as we unquestionably do, I think it is rather an argument why we should attempt in some way to reform that abuse instead of adding another abuse to it. The publication of large books of surveys with plates was stopped some time ago; and we have been endeavoring to reduce our expenses in that way, but there is still room for improvement in other particulars.

I belong to that illiberal class of persons who think that the matter of the education of people is not a subject that comes exactly within the regulation of the General Government; that the subject of education had better be left to the States; that it would be better taken care of there; that when we take it into our own hands the result will be a slackening somewhat of the efforts made on the part of the States to educate their people, and we shall be imposing upon the Government a great additional burden rather to the injury of education than for its benefit. The proposition to have an educational bureau with a Commis

sioner of Education at its head did not commend itself to my mind, and did not meet my approval or my support. Congress, however, decided upon it, and it is done. I hope the experiment will prove beneficial in its results; but I doubt very much whether it will do any good. I think it will be more likely to produce evil than good. That is my opinion about it. Now, sir, I really hope we shall not again begin the system of buying books. This may or may not be a good book; I know nothing about it. From what I know of the author I should think it probably was a good book, because I regard him as an able man. But, sir, that is no reason in my judgment why Congress should again begin this business of buying books that are compiled by individuals to be distributed among the people. What will ten or fifteen thousand dollars spent in this way for books to be distributed by Congress do toward the education of the people? We shall send them perhaps to a few libraries that are perfectly able to buy one apiece themselves, or to individuals, or school districts that are able to purchase them for a dollar and a half or two dollars. It will go a very short distance, and produce comparatively but very little good. I have seen very little good aris- || ing from the distribution of books by Congress; and even if good might arise from it I dislike entirely the system. It is a bad plan to spend public money for the purchase of books to be distributed by members of Congress. It only leads to expense, creates an additional burden on the Treasury, and I do not think the good derived from it is at all adequate to compensate for the evil that arises from establishing or encouraging any such system.

We had before the Committee on the Library a similar application for the purchase of a book compiled for the use of schools principally, something in the nature of a law book, by a gentleman in New York. He wanted Congress to purchase one copy for every school district in the United States, and offered them at a very low rate, hardly exceeding, if it was up to the cost of the manufacture of the book itself. I was opposed to the proposition, however, and so were the committee. I do not know that they reported upon it; but it met with no favor; and it met with no favor for the reason I have stated, that we thought the system was a bad one, and Congress ought not again to begin in a course of action which had once been abandoned as not only useless comparatively in itself, but as a bad practice. In this case, then, however well I may think of the author, I really hope the Senate will not begin again to purchase books for distribution.

Mr. CONNESS. Mr. President, I suppose that enough has been said on this subject. There appears to be a majority of opinion, I should judge by what I have heard, against the purchase of this book. I am glad that that is the case. I am not in favor of the invest

ment, nor have I been in favor of the purchase of other books that have been authorized by Congress. The Senator from Maine tells us that he supported the purchase of Lanman's Dictionary because it told the country something about him.

Mr. FESSENDEN. I believe the Senator misrepresents me. I said I could not see any other reason for buying it; but I was not in favor of it.

Mr. CONNESS. I beg the Senator's pardon. Mr. FESSENDEN. I was referring probably to the Senator himself and others who supported it.

Mr. CONNESS. It happened to be my part also to oppose that publication, for I really did not believe it could say anything about me that would be of any service to anybody, and least of all perhaps to myself. [Laughter.] I am sorry that I misunderstood the Senator, but I am glad to find that we agreed on that proposition. I hope, sir, that we shall not invest in the purchase of this book, however useful it may be, that we may simply add it to our libraries and have a few to distribute. I think that while we are cutting down needed appro

priations of public money for many branches of the public service we ought not to make this investment. I disagree a little with the Senator from Maine in one respect; and that is this where the Congress of the United States order work to be done, investigations to be made, contributions, if you please, of knowledge for public purposes, I think an investment of public money for the publication of the ascertained facts is a part of the work and necessary to be done and a good expenditure or investment of public money.

Mr. TRUMBULL. This seems to be treated as if it was a new principle and embarking in the purchase of books. If it would suit the Senators from California and Maine and New York any better we could change this amendment so as to direct ten thousand copies of this work to be printed, as we do every day here on the motion of any member, almost of any. thing that is sent here.

Mr. CONKLING. You cannot do that without buying the copyright.

Mr. TRUMBULL. We could buy the copyright; that would cost but little; and that was one of the propositions suggested in the Judiciary Committee. There were two members of the Judiciary Committee opposed to this amendment; I was aware of that; but a majority of the committee were always in favor of procuring in some form for the use of Congressa republication of the Constitution. Those two members of the committee expressed their dissatisfaction there, and have done it here today. If the Senate do not think it proper to have a republication of the Constitution of course they will vote down this amendment and they would vote down the proposition in the other form. The committee have carefully considered the matter, a majority of them knowing that Hickey's Constitution was out of the market, difficult to obtain. They regard that as a very valuable book; I find it so; and regarding this as still more so with its references and annotations, a useful book to all public men, and it being supposed that to republish it would be more expensive than to purchase copies of the book already published, the committee recommended the proposition in this form. I care nothing about it more than any other Senator. I thought it was a proper purchase to make, and a useful book for the benefit of the Senate.

Mr. YATES. Mr. President, I am considering how I shall vote on this matter. I have heard so many speeches that I think it not improper to submit my own views to the Senate. I think there is a medium view to be taken of this subject of printing books. I think that the Congress of the United States should not become a publishing house to publish all good books for circulation and for the benefit of the people. On the other hand, I think that Congress should use a wise discretion, and should be, to some extent, a patron of authors, and, if the Senator from New York pleases, of the fine arts. I do not see why a republican Government should not patronize authors and the fine arts as much as a monarchy or any other Government, especially if there is as much ability with Congress as there is with crowned heads and aristocracies.

Mr. FESSENDEN. We have made appro priations for the fine arts; to Vinnie Ream, for instance.

Mr. YATES. Yes, sir; and very properly, I think. I hope the Senator himself will be satisfied in the course of time that that was a judicious appropriation, and I believe he will be if he does not prejudge the case before a fair experiment has been made. If he is as liberal and generous to the young, the aspiring, and the deserving as he ought to be, and as I believe the real merit of that artist justifies, I think he will not regret that appropriation.

But, sir, I was about to say that I believe Congress should exercise a wise discretion in the matter. I have never heard of complaints on the part of the people that Congress published too much and expended too much for information circulated among the people. So

[ocr errors]

far as I am concerned, I know of nothing that gives the people so much gratification as to receive public documents from members of Congress upon important questions which affect their interests and their welfare. The discre tion which ought to be used is this, I think: it should be to patronize authors and the arts. For instance, if a valuable work will not sustain itself, if it will not pay for itself, and the country must lose the benefit of that work unless some aid is given to it by Government, whether it be a monarchy or a republic, in that case it is the duty of Government to lend its aid in order to secure to the people the benefit of a good production.

I very well remember that Hickey's Consti tution was received throughout the country as a valuable book, and was so prized, not only by professional men, but by the people. It was a good book to circulate. It conveyed to the firesides of the people a knowledge of the Constitution upon which the Government is based. This book, as I understand it, is to some extent to supersede Hickey's Digest of the Constitution. I am not very much inclined to vote for the publication of this book, because I see it is a small book, and it might have been laid upon the desk of every Senator, so that he could have examined it and investigated it, and seen whether it was proper for publication or not. [Laughter.]

Mr. EDMUNDS. The Judiciary Committee only received copies.

Mr. YATES. I am told they were confined entirely to the members of the Judiciary Committee, and we must take their word that the book is a good one. But, sir, the subject-matter is a proper one. I presume the book is one which will not sustain itself to be sold in the market. It is of that character, and contains that kind of information which is useful to professional men; and whatever is useful to professional men is useful to the public.

Mr. CONNESS. Oh, no.

Mr. YATES. As a general rule, every book that is useful to the professional man is also useful to the people, whether they understand it or not. It is necessary that those classes should have the information, and thus impart the benefit of it to the community.

Mr. FESSENDEN. Why not circulate Chitty or Blackstone for the same reason?

Mr. YATES. I do not propose to circulate Chitty's Pleadings or Blackstone or Story's Commentaries on the Constitution; but I repeat, I am in favor of a liberal publication by Congress of all important works, and I say to the Senator from Indiana [Mr. HENDRICKS] that I am willing to make publications of explorations and surveys; for I think if my friend from Vermont would read a little more of the great West

Mr. EDMUNDS. I do not find that in the Constitution.

Mr. YATES. I mean the other Senator from Vermont-he would not oppose the admission of Colorado into the Union. [Laughter.]

Mr. MORRILL, of Vermont. I suggest to the Senator from Illinois that he divide this work, and have half of it for geography. I am sure that we need as much information on the subject of geography-certainly I do-as in respect to the Constitution. [Laughter.]

Mr. YATES. I was about to say that whatever information is important to the country should be published by Congress with a liberal hand. But, sir, I do not propose to continue the debate. I think that this work is a proper subject of publication. We need such a work throughout the country, and I shall vote for this amendment with great pleasure.

Mr. MORTON. It occurs to me, Mr. President, that there is a very broad distinction between the publication of documents by Congress, reports of scientific explorations made in pursuance of laws of Congress in regard to our own Territories and minerals, explorations made by our Navy, and other information which would not be given to the world except through the action of Congress, and the purchase of a work of this character. I believe

« PoprzedniaDalej »