Mr. President, it is not at all probable that I shall ever again be a member of the Senate, and it oppresses me to think that I may not after I leave the country have the pleasure to see again all its members. But I beg you, Mr. President, and them to be assured that whatever distance may separate us I shall never cease gratefully to remember the kindnesses evinced for me in this Chamber, or to hope for the happiness and prosperity of its members.

And when I return from my embassy, I trust and believe there will be an enduring peace between ourselves and the other nations of the world; and this I am sure can be secured by a firm and courteous maintenance of our own rights, and a scrupulous regard for the rights of others. And above all do I trust that all the troubles incident to our recent domestic conflict will then have totally disappeared, and that we shall be in the uninterrupted enjoyment of that "unity of Government," which, in the parting words of Washington, is the main pillar in the edifice of our real independence, the support of our tranquillity at home, our peace abroad, of our safety, of that very liberty which we so highly prize. These ends being accomplished, imagination itself will be at a loss adequately to conceive the future greatness of our land. And now, Mr. President, I leave the body with but one word more, but a word which to friends it is ever most painful to utter-farewell.

[At the conclusion of the address the Senators rose simultaneously and advanced toward the retiring Senator to grasp him by the hand and wish him success in his new sphere of public duty.]

Mr. BUCKALEW. I move that the Senate adjourn. ["No!" "No!"]

Mr. HENDRICKS. Before that motion is put I suggest whether we had not better suspend the order for the night session.

Mr. EDMUNDS. I hope we shall not adjourn yet. It is only four o'clock.

Mr. DRAKE. Is the joint resolution that was informally laid aside before the Senate now?

The PRESIDENT pro tempore. The question of adjournment is pending. The Senator from Pennsylvania moves that the Senate do now adjourn.

The motion was not agreed to..

ELECTORAL VOTES OF LATE REBEL STATES.

The Senate, as in Committee of the Whole, resumed the consideration of the joint resolution (S. R. No. 139) excluding from the Electoral College votes of States lately in rebellion which shall not have been reorganized.

Mr. DRAKE. I move to amend the joint resolution by striking out all after the word "that," in the third line, and inserting in lieu thereof:

No State heretofore in insurrection shall be entitled to representation in the Electoral College for the choice of President and Vice President or the United States, nor shall any electoral vote be received or counted from any such time, unless, at the time prescribed by law for the choice of such electors, the State shall have been readmitted to representation in Congress, nor unless the electors shall have been chosen under and by authority of a State government theretofore recognized by Congress as lawful and permanent, and not provisional.

Mr. CONKLING. I wish to offer a substitute for the resolution.

The PRESIDENT pro tempore. The Chair is informed by the Clerk that there was an amendment offered by the Senator from Illinois [Mr. TRUMBULL] which takes precedence of the amendment of the Senator from Missouri, [Mr. DRAKE.]

Mr. DRAKE. I suppose the honorable Senator from Illinois will agree to allow his amendment to be withdrawn for the purpose of testing the sense of the Senate upon this. I will inquire of the Senator from Illinois, whether he will be so good as to withdraw his amendment to this resolution in order to admit the amendment which I have just presented, and which does not name any State by name? Mr. TRUMBULL. I suppose that the Sen

ator's amendment is in order as a substitute for the whole. His is a substitute, I understand. Mr. DRAKE. I have understood that when an amendment to a pending bill was before the Senate, it was not in order to move an amendment by way of substitute, and therefore it is that I ask the honorable Senator from Illinois to withdraw his amendment, which is merely to strike out the names of two States, so that I can offer this amendment.

Mr. TRUMBULL. I am willing to accommodate about it. If the Senator's amendment is not in order I will withdraw mine to allow him to offer his.

Mr. DRAKE. Then, sir, my amendment is in order.

The PRESIDENT pro tempore. The question now is on the amendment of the Senator from Missouri.

Mr. DRAKE. I will say a few words in support of that amendment. I ask that it be read again before I proceed.

The Chief Clerk again read the amendment. Mr. EDMUNDS. Now, I ask that the original proposition may be read, so that the Senate may see the difference.

The Chief Clerk read the joint resolution, as follows:

Resolved, &c., That the States of Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, and Texas, respectively, shall not be entitled to representation in the Electoral College for the choice of President or Vice President of the United States, and no electoral votes shall be received or counted from any of such States unless at the time prescribed by law for the choice of electors the people of such States, pursuant to the acts of Congress in that behalf, shall have, since the 4th day of March, 1867, adopted a constitution of State government under which a State government shall have been organized and shall be in operation, and unless such election of electors shall have been held under the authority of such constitution and government, and such State shall have also become entitled to representation in Congress, pursuant to the acts of Congress in that behalf.

Mr. DRAKE. Mr. President, there are now before the Senate three distinct propositions in reference to this matter. One is the pending resolution; another is the amendment as I have presented it; the third is a joint resolution proposed by the honorable Senator from New York, [Mr. CONKLING,] and which lies upon our tables at this time." I object to the first because it names the States, which I do not think is necessary. The proposition that is involved in the amendment which I have offered applies directly to the insurrectionary States. We have been dealing with them in all of our measures of reconstruction. I desire to have this resolution recognize distinctly that it applies to them, and them alone. Therefore it is that I do not desire to see the Senate adopt the joint resolution which has been proposed by the Senator from New York. But it is not yet before us distinctly, because that joint resolution refers to all States, when the whole intention of it is to refer to States that have been in insurrection. As the final winding up of the dealings of Congress with those States is involved in the idea of readmission to representation in Congress,

and the reestablishment of governments recognized by Congress, the amendment which I propose exactly accords with that, and I think it is better that in this probably final act of legislation with regard to the most of those States we should preserve the very same line of action that has heretofore characterized the course of Congress. Therefore it is that I propose this amendment, and hope it may be adopted.

Mr. CONKLING. I wish to offer a substitute for both the pending propositions.

The PRESIDENT pro tempore. The substitute will be reported.

The CHIEF CLERK. It is proposed to amend that portion of the amendment which proposes to insert words in lieu of words to be stricken out, by striking out after the word "that," in the first line

Mr. CONKLING. All that is unnecessary. I move a substitute for the whole of both pending propositions, to strike out everything after the enacting clause and insert.

Mr. DRAKE. That, if I understand the rule, cannot be done.

Mr. CONKLING. We shall see whether that cannot be done or not.

The PRESIDENT pro tempore. It is not quite in order.

Mr. CONKLING. There is a joint resolu. tion pending to which the Senator from Missouri offers an amendment. He offers no substitute, but he offers an amendment. Now, I offer a substitute for the whole pending proposition, the proposition pending, and the amendment. That is clearly in order, I submit.

Mr. POMEROY. Before you can strike out the whole proposition, if anybody proposes to amend the part proposed to be stricken out, that is first in order.

Mr. CONKLING. He proposes to strike out a part, and I propose à substitute for the whole. I do not care what the form is, but I want it understood that my proposition is complete in itself.

Mr. HOWARD. I ask for the reading of the substitute proposed by the Senator from New York.

The Chief Clerk read as follows:

That no State shall be entitled to representation in the Electoral College for the choice of President and Vice President of the United States, and no electoral votes shall be received or counted from any State, unless at the time prescribed by law for the choice of electors there shall be in such State a government recognized by Congress as regular and permanent and not provisional, nor unless the election for electors shall have taken place under the authority of a State government so recognized.

Mr. CONKLING. The Senator from Vermont, I believe, wishes to submit some remarks.

Mr. EDMUNDS. No, sir; go on. I do not wish to say anything at this moment.

Mr. CONKLING. Iwill say nothing at this moment beyond this: the proposition, as I make it, is designed to be a permanent law, which I think should always be on the statute-book, a law which covers the present case of three States which have not been readmitted, Mississippi, Texas, and Virginia, which covers any contingency that may arise in reference to any State heretofore in insurrection, and which covers the case of any State, wherever that State may be, in which by invasion, insurrection, domestic or foreign war, a difficulty of this sort shall arise. At this moment this is all I wish to say. Hereafter, I shall have a word to say as between these propositions.

Mr. EDMUNDS. I believe the Senator from Kentucky [Mr. DAVIS] had the floor the other day when this resolution went over, and therefore is now entitled to occupy it. I do not know that he wishes to do so. When the matter went over the other day he had addressed the Chair upon it. I do not wish to take the floor from him.

Mr. DAVIS. I will give place with pleasure to you, and listen to you.

Mr. EDMUNDS. What is the pending question now?

The PRESIDENT pro tempore. The pending question is on the amendment offered by the Senator from New York.

Mr. EDMUNDS. On that question I do not wish to occupy but a moment or two of the time of the Senate. It is a question of phraseology, as distinguished from the resolution reported.

On the propriety of the amendment I only wish to say a single word. When we reach the point of the general merit of the proposition I shall have a few words to say in explanation of it and in reply to the honorable Senator from Illinois, [Mr. TRUMBULL,] who addressed the Senate the other day at the end of the morning hour, when there was no opportunity for the friends of the measure to reply to the somewhat extraordinary address that he delivered to the Senate at that time.

This amendment offered by the Senator from New York is intended to accomplish, and I do not know but that it will accomplish, the same result that the joint resolution reported from the committee was intended to accomplish; but it does it by a species of circumlocution. It

applies in general on the face of it to all the States. It declares a general proposition, and declares that no State shall be entitled to vote in the presidential election unless it has a government in harmony with the Government of the United States, so to speak, and unless that government is recognized by Congress, and unless the vote shall have been taken under that government. We all understand just as well what that means as if it said it in express terms; and that is, it means, is intended to mean, for the present exigencies of the time, to apply to the ten States which have been in rebellion, whose governments have been overthrown and whose governments, seven of them, have been reorganized-reconstructed, as the common phrase is-upon constitutions that the whole people of those States, with very trifling exceptions, disfranchised for special participancy in rebellion in addition to perjury have set up.

Now, we are both aiming at the same result. We desire to declare, in logical accordance with what we have already done, that the gov. ernments in those States and the people in those States whom we recognize are the gov ernments which have been refounded upon the wreck of the rebellion, and are the whole people of those respective States; and we design to declare that any section or fraction of that people, that body of the people who boast and rally around the name of the white man's Government," as they choose to call it, the rebellious government, as it might more properly be called, shall not be permitted, against this reorganized Government of the whole people, to undertake to set up an election for President or for anybody else; that is to say, that we mean to stand by the settled order of restoration that has been adopted, and to declare in advance to the rebels in that region that they will not be permitted to present for count, at the next presidential election, electoral votes which shall have been thrown by an organization, by whatever name you call it, existing or to be created, that is founded upon the notion that nobody in those States is entitled to vote but the white men who by the old slave laws of 1860 were allowed to vote; and that no gov. ernment is entitled to exercise such functions there but the old governments that existed in 1860, or the new governments organized, or attempted to be organized, by the President of the United States in 1865; while at the same time we mean to declare with equal emphasis, that all the white men in those States, (because, as to voting in those States now nobody is disfranchised unless the people themselves disfranchise them,) that all the people of those States may vote for whom they please under the government that has been established. We do not have any desire to limit the free choice of the people of those States for President; we do not propose any legislation which is calculated to limit the free choice of those people; but we propose that their free choice shall be the free choice of the whole people, and the only method by which we can reach the free choice of the whole people is to reach it under and through the forms of a government of the whole people that has now been formed by the whole people. That is the proposition.

The Senator from New York proposes, instead of saying in express terms as applicable to this present exigency, that in those particular States no government is to be recognized by Congress except the governments that the people have freely set up since; to say, in general, that in no State shall any vote be recognized or counted that does not conform to certain conditions. Really, in effect, upon a fair construction, his amendment would reach probably the same result that the joint resolution reported from the committee does; but it is still open to some doubt and cavil. An ingenious man, like my friend from Pennsylvania, [Mr. BUCKALEW,] or the honorable Senator from Indiana who is not in his seat, [Mr. HENDRICKS,] might discover next February, when we come to count these votes, that under this general clause there were some govern

ments there that had been recognized by Congress at some time, that had been founded before the 4th of March, 1867. Therefore, without going any further into this general question than merely to have stated the proposition, I should hope that the Senate would be willing to say, if it is to say anything-and it is very important for the peace of the country that we should say something—exactly what it means; that in these ten States, naming them, the governments that Congress recognizes are the governments that the whole people of those States have set up under the authority of Congress since the rebellion. That is the whole effect of the proposition.

Mr. HOWARD. Mr. President, I think on this subject we cannot be too specific; we cannot be too clear, and we ought not to attempt to create any fog or uncertainty as to what governments in the insurrectionary States are entitled to be represented in the Electoral College. It seems to me that the amendment offered by the honorable Senator from New York approaches the subject with somewhat too much caution. He treads as with a velvet step; as if he was moved by some apprehension that we should utter something in our statutes unkind in reference to those States. Sir, I have no such fear or apprehension.

As long ago as 1861, by a solemn act of Congress, the President of the United States, acting in pursuance of that statute, declared the States specifically named in this joint resolution to be in a condition of insurrection. We went to war under that proclamation, and from that day to this those States have been regarded, so far as the legislation of Congress is concerned, as insurrectionary States, with the exception of such of them as have been admitted to the right of representation in Congress.

We did not hesitate, when we passed the first reconstruction act, to designate by name the States of the Union to which that statute applied. Why should we hesitate now? Why should we not say, in so many words, that those insurrectionary States which have not embraced the privileges extended to them by our reconstruction acts shall not be recognized as possessing the right of voting at the next presidential election? I think the plainer we write down our sentiments and opinions in our statutes the better it is for us and for whomsoever the statutes may affect.

Now, sir, we are in danger, if I have a correct prevision, of having difficulty in the insurrectionary States at the approaching presidential election. We all know that at the present time there is in each of those States a sort of dual government, one State government having been inaugurated under the proclamation of the President, and in others a government organized or in the process of organization under the reconstruction laws. We know perfectly well that President Johnson regards the latter description of governments as being utterly unconstitutional and void. We know that he is of the opinion that the governments which he inaugurated and launched into being by virtue of his own ipse dixit and his own imperial decrees are the constitutional governments of those States, and that his purpose is, so far as practicable, to maintain and uphold those governments.

Now, sir, we may have such a state of things as this in some of those States, perhaps in more than one of them: we may have electors of President elected under and by virtue of the Johnson constitution, to use that expression for the sake of brevity, and another set of presidential electors elected under the reconstruction acts of Congress, and in pursuance of constitutions adopted under those acts. It will be insisted by the Democratic party, if I judge the signs of the times correctly, that the electors chosen under the Johnson constitution are the only persons to be admitted into the College of Electors. Those electors will be chosen by the original electors in the States, qualified as such, not by law, but by the decree of Andrew Johnson. They will represent the "white man's

government," so to speak, and it will be insisted by the whole Democratic party that those electors, and those only, are entitled to give the electoral votes of the State; while, on the other hand, it will be insisted by the friends of reconstruction that those electors have no rights, and that electors chosen under the reconstruction acts are the proper and lawful electors.

In order to remove, therefore, all uncertainty, all disputation, and all cavil as to the kind of electors for President and Vice President whose votes are to be counted, I prefer a clear, positive, unequivocal declaration that electors chosen under any other constitutions than those inaugurated under the reconstruction acts shall not be recognized by Congress as proper electors. Let us be clear and distinct. I have no fear of this issue. It is an issue, or it may become an issue, I am quite aware, attended with great danger, with great agitation to the country, with marked party divisions, and with party bitterness such as we have not seen since the war itself was flagrant and blazing into the skies.

I prefer the language of this joint resolution to anything which has been suggested. It makes the way clear, it expresses the purposes of Congress distinctly, and it designates by name the States to which it is to apply. We know very well that it cannot apply to any other States than those mentioned in this joint resolution, and we know that it is intended to apply to those States and to those only. Then why not say so?

Mr. MORTON. Mr. President, I do not rise so much to discuss the merits of these several propositions as to say that I shall vote for that offered by the Senator from Vermont, [Mr. EDMUNDS,] believing that it is more specific and direct than the other two; but perhaps any one of them would answer the purpose.

I desire, however, to say one word in regard to the importance of this measure. We have been noting the proceedings of a convention held in the city of New York, which has but just adjourned. I have read the resolutions adopted by that convention, the platform of principles it has laid down, and upon which its candidates have been placed; and I wish to call the attention of the Senate to the issue that is presented to the country by this platform and by the character of these candidates.

General Grant, in his letter of acceptance, said, "Let us have peace;" but the Democratic party by their convention in New York have said,

Let us have war; there shall be no peace." They have declared in substance, I might say, perhaps, in direct terms, that the reconstruction of these States under the several acts of Congress shall not be permitted to stand, but shall be overturned by military force if they get the power. They have announced that there shall be no peace in this country; that there shall be no settlement of our troubles except upon the condition of the triumph of those who have been in rebellion. This platform and these nominations are a declaration of renewal of the rebellion. Let me call your attention to a part of the eighth resolution in regard to this very question. In speaking of the reconstruction of the States, they go on to say that the power to regulate suffrage exists with "each State," making no difference between loyal States that have been at peace and States that have been in rebellion, putting them all upon the same footing:

"And that any attempt by Congress on any pretext whatever

That is, upon the "pretext" of the rebellion, if you please

"And can only end in a single centralized and consolidated Government, in which the separate existence of the States will be entirely absorbed, and an unqualified despotism be established in place of a Federal Union of coequal States, and that we regard the reconstruction acts (so called) of Congress, as such are usurpations and unconstitutional, revolutionary, and void."

This convention has called upon the rebels of the South to regard these governments or ganized by authority of acts of Congress by the people of those States as usurpations, unconstitutional, and void, and has thereby invited them again to insurrection and rebellion. That is what that resolution means. There is where

the Democratic party has placed itself and its candidate, that there shall be no acquiescence in the action of Congress, but that continued resistance is and shall be their policy. They have replied to General Grant by saying, "There shall be no peace, but the war shall be renewed." There can be no other policy for that party unless it acquiesces. If it does not accept these reconstruction acts there can be no policy but that of resistance and a renewal of the war. They declare these reconstruction acts to be unconstitutional and void.

Being

void, nobody is bound to regard them; they have no authority over any one to coerce or to punish, and may be resisted by any one with impunity. That is not the language of this resolution, but it is the substance and the meaning of it; and in consequence of this it received the indorsement and the approbation of the hundreds of rebels who were in that convention from the South, men who organized the rebel government and organized and led the rebel armies in battle. This, then, is the issue, a continuance of the war; a renewal of the rebellion; because it is either that, or it is submission and acquiescence to what has been done.

But, Mr. President, we are not left to grope for the meaning of this convention; we are not left even to seek for it by inference. We have a letter of General Francis P. Blair, written, I believe, less than one week ago, and this letter has been indorsed by that convention this afternoon by his nomination as their candidate for the Vice Presidency. At least I am informed that he has been nominated.

Mr. POMEROY. Let us have the letter read. I want to hear it.

Mr. MORTON. It is as much a part of this platform as if it was incorporated in it, for the ink was hardly dry before it was indorsed by his nomination. I ask the Secretary to read the clause of this letter that I have marked.

Mr. CONKLING, Mr. POMEROY, and others. Let him read the whole letter, so that it can go into the Globe.

Mr. MORTON. I will ask the Secretary to read the whole letter, especially that which is distinctly marked.

Several SENATORS. Let us have the whole letter.

The PRESIDENT pro tempore. The letter will be read.

The Chief Clerk read as follows:

WASHINGTON, June 30, 1868. DEAR COLONEL: In reply to your inquiries I beg leave to say that I leave to you to determine, on consultation with my friends from Missouri, whether my name shall be presented to the Democratic convention, and to submit the following, as what I consider the real and only issue in this contest:

The reconstruction policy of the Radicals will be complete before the next election; the States so long excluded will have been admitted; negro suffrage established and the carpet-baggers installed in their seats in both branches of Congress. There is no possibility of changing the political character of the Senate, even if the Democrats should elect their President and a majority of the popular branch of Congress. We cannot, therefore, undo the Radical plan of reconstruction by congressional action; the Senate will continue a bar to its repeal. Must we submit to it? How can it be overthrown? It can only be overthrown by the authority of the Executive who is sworn to maintain the Constitution, and who will fail to do his duty if he allows the Constitution to perish under a series of congressional enactments

which are in palpable violation of its fundamental principles.

If the President elected by the Democracy enforces or permits others to enforce these reconstruction acts, the Radicals by the accession of twenty spurious Senators and fifty Representatives will control both branches of Congress, and his administration will be as powerless as the present one of Mr. John

son.

There is but one way to restore the Government and the Constitution, and that is for the Presidentelect to declare these acts null and void, compel the Army to undo its usurpations at the South, disperse the carpet-bag State governments, allow the white people to reorganize their own governments, and elect Senators and Representatives. The House of Representatives will contain a majority of Democrats from the North, and they will admit the Representatives elected by the white people of the South, and with the coöperation of the President it will not be diflicult to compel the Senate to submit once more to the obligations of the Constitution. It will not be able to withstand the public judgment, if distinctly invoked and clearly expressed on this fundamental issue, and it is the sure way to avoid all future strife to put the issue plainly to the country.

I repeat that this is the real and only question which we should allow to control us: shall we submit to the usurpations by which the Government has been overthrown, or shall we exert ourselves for its full and complete restoration? It is idle to talk of bonds, greenbacks, gold, the public faith, and the public credit. What can a Democratic President do in regard to any of these with a Congress in both branches controlled by the carpet-baggers and their allies? He will be powerless to stop the supplies by which idle negroes are organized into political clubsby which an army is maintained to protect these vagabonds in their outrages upon the ballot. These, and things like these, eat up the revenues and resources of the Government and destroy its credit-make the difference between gold and greenbacks. We must restore the Constitution before we can restore the finances, and to do this we must have a President who will execute the will of the people by trampling into dust the usurpation of Congress, known as the reconstruction acts. I wish to stand before the convention upon this issue, but it is one which embraces everything else that is of value in its large and comprehensive results. It is the one thing that includes all that is worth a contest, and without it there is nothing that gives dignity, honor, or value to the struggle.

Your friend,

FRANK P. BLAIR,

Colonel JAMES O. BROADHEAD.

Mr. MORTON. Mr. President, that is the Democratic platform. General Blair, whatever you may say of him, is a bold, outspoken man, and he spoke the sentiment of that convention. He says, Upon these sentiments I want to stand before the convention;" and upon those sentiments he was nominated. Therefore, I say that the language of the Democratic convention at New York to the whole country is war; resistance by force of arms to congressional legislation; the overthrow by force of arms of the governments that have been erected in the rebel States under the laws enacted by Congress; the continuance of this rebellion; continuance of this struggle in a somewhat different form, but still the same struggle, contending for the same principles. It is now announced formally, not at Montgomery, not at Richmond, but at New York. The country need not be at any loss to understand the character of the contest upon which we are entering. It is not one of peace and acquiescence, of consolidation whereby the ravages of war may be repaired; but it is a new declaration of war; a new announcement of the rebellion under somewhat different circumstances, but under circumstances formidable, dangerous, and solemn. Let the country look the struggle in the face.

General Blair has said truly that all that is said about greenbacks and bonds and ques tions of finance is mere nonsense. The great issue is the question of overturning the new State governments by force, the restoration of the power of the rebels, or as they call it the white men's government in those States; and all the rest is leather and prunella.

We owe

a debt of gratitude to General Blair for his frankness. There need be no deception practiced now, and there can be none. There can be no other issue presented substantially to us but that of the future peace of this country. If Seymour shall be elected upon that platform he stands pledged to use the Army of the United States for the purpose of overturning the governments that have been established in the South by the voice of the whole people, and by that Army to place the power back again into the hands of the rebels. They were

there with him in that convention. They have given to him their counsel. They have indorsed Mr. Seymour, and the convention and all have indorsed General Francis P. Blair.

I know that we shall be told in the Northwest that they intend to have the same currency for the Government and the people, for the bondholder and the laborer. They will proclaim taxation of the bonds as the great issue upon which they expect to get votes; but that will all be a deception. The great issue underlying the whole contest-and we have the solemn declaration of their candidate for Vice President to that effect-will be the renewal of the war to overturn the State governments that have just been established under the acts of Congress. General Blair has relieved the Republican party of a great deal of labor. He has unmasked the enemy with whom we have to deal, and he has placed before the country the very issue, peace or

war.

Mr. SHERMAN. There are now but fifteen minutes left before the time fixed for a recess, and I move that the Senate proceed to the consideration of executive business. There is some executive business that must be transacted.

The motion was agreed to.

The PRESIDENT pro tempore. Before the doors are closed, the Chair will receive a message from the House of Representatives.

MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by Mr. MCPHERSON, its Clerk, announced that the House had agreed to the amendments of the Senate to the following bills:

A bill (H. R. No. 420) to incorporate the Connecticut Avenue and Park Railway Company in the District of Columbia;

A bill (H. R. No. 650) to amend act of 3d March, 1865, providing for the construction of certain wagon-roads in Dakota Territory; and

A bill (H. R. No. 1068) to provide for certain claims against the Department of Agriculture.

The message also announced that the House had disagreed to the amendments of the Senate to the bill (H. R. No. 344) to incorporate the Washington Target-Shooting Association in the District of Columbia.

ENROLLED BILLS SIGNED.

The message further announced that the Speaker of the House had signed the following enrolled bills; and they were thereupon signed by President pro tempore of the Senate: A bill (S. No. 542) for the relief of Thomas W. Ward, collector of customs at Corpus Christi, Texas; and

A bill (H. R. No. 1156) authorizing the Commissioner of the General Land Office to issue a patent to F. N. Blake for one hundred and sixty acres of land in Kansas.

WASHINGTON TARGET ASSOCIATION.

Mr. HARLAN. I hope the Senate will recede from its amendment to the bill which has just been returned to us from the House. Mr. SHERMAN. You can do that in the morning.

Mr. HARLAN. It will not take a minute. Mr. POMEROY. Let the title of the bill

be read.

The CHIEF CLERK. A bill H. R. No. 844) to incorporate the " Washington Target Shooting Association" in the District of Columbia. Mr. HARLAN. I will state that the Senate amended it by fixing the maximum capital at $50,000. The bill itself fixed it at $100,000. Mr. SHERMAN. If it takes no time I will not object.

Mr. HARLAN. It will take no time. I move that the Senate recede from its amendment.

Mr. CONKLING. Is not this the amendment confining the transfer of real estate to the purposes of the bill?

Mr. HARLAN. No; it merely fixes the

The Senate reassembled at half past seven o'clock p. m.

HOUSE BILLS REFERRED.

The bill (H. R. No. 1376) for the relief of the loyal Choctaw and Chickasaw Indians was read twice by its title, and referred to the Committee on Military Affairs and the Militia.

The joint resolution (H. R. No. 238) for the donation of certain columns was read twice by its title, and referred to the Committee on Miliitary Affairs and the Militia.

DAMAGED ARMS AND ORDNANCE.

Mr. WILSON. The Committee on Military Affairs and the Militia, to whom was referred the joint resolution (H. R. No. 292) directing the Secretary of War to sell damaged or unserviceable arms, ordnance, and ordnance stores, direct me to report it back without amendment and recommend its passage. I ask that it be considered now.

By unanimous consent the joint resolution (H. R. No. 292) directing the Secretary of War to sell damaged or unserviceable arms, ordnance, and ordnance stores, was considered as in Committee of the Whole. It is a direction to the Secretary of War to cause to be sold, after offer at public sale on thirty days' notice, in such manner and at such times and places, at public or private sale, as he may deem most advantageous to the public interest, the old cannon, arms, and other ordnance stores in possession of the War Department which are damaged or otherwise unsuitable for the United States military service, or for the militia of the United States, and to cause the net proceeds of such sales, after paying all proper expenses of sale and transportation to the place of sale, to be deposited in the Treasury of the United States.

Mr. BUCKALEW. I should like to understand whether the resolution applies to arms now on hand only, or does it confer a general power in all future time.

Mr. WILSON. I understand it to apply to such as we have on hand.

Mr. BUCKALEW. Then it should say so. Let it be read again.

The Chief Clerk read the joint resolution. Mr. BUCKALEW. I move to insert the word"now" before the words "in possession." Mr. WILSON. I have no objection. The amendment was agreed to. The joint resolution was reported to the Senate as amended, and the amendment was concurred in. The amendment was ordered to be engrossed, and the joint resolution to be read a third time. The resolution was read the third time, and passed.

KANSAS MILITARY EXPENSES.

Mr. WILSON. I move to take up Senate bill No. 214, to authorize the settlement of certain claims of the State of Kansas. It provides for a commission to examine the subject and report to Congress.

The motion was agreed to; and the bill (S. No. 214) to authorize the Secretary of War to settle the claims of the State of Kansas for services of the militia called out by the Governor of that State, upon the requisition of Major General Curtis, the commander of the United States forces in that State, was considered as in Committee of the Whole.

The Committee on Military Affairs and the 40TH CONG. 2D SESS.-No. 243.

Militia proposed to amend the bill by striking out all after the enacting clause and inserting:

That immediately upon the passage of this act the President shall appoint, by and with the advice and consent of the Senate, two commissioners not residents of the State of Kansas, and shall detail one Army officer, whose duty it shall be to examine and audit the accounts of the State of Kansas for moneys expended in payment of the expenses of the militia called into service by order of the Governor upon the requisition of Major General Curtis, in 1864, to repel the invasion of General Price.

SEC. 2. And be it further enacted, That the commissioners so appointed shall proceed, subject to regulations to be prescribed by the Secretary of War, at once to examine all the items of expenditure made by said State for the purposes herein named, allowing only for disbursements made and amounts assumed by the State for enrolling, equipping, subsisting, transporting, and paying such troops as were called into service by the Governor at the request of the United States department commander commanding the district in which Kansas may at the

time have been included, or by the express order,

consent, or concurrence of such cominander, or which may have been employed or used in suppressing rebellion in said State. And no allowance shall be made for any troops which did not perform actual military service in full concert and coöperation with the authorities of the United States, and subject to their orders.

SEC. 3. And be it further enacted, That in making

up said account the commissioners shall state separately the amounts expended, respectively, for enrolling, equipping, arming, subsisting, transporting, and paying said troops; and they shall not allow for any expenditure or compensation for service at a rate greater than was at the time authorized by the laws of the United States and the regulations prescribed by the Secretary of War in similar cases; nor shall such compensation embrace a longer period than thirty days' service in any case.

SEC. 4. And be it further enacted, That as soon as said commissioners shall have made up said account and ascertained the balance, as herein directed, they shall make written report thereof, showing the different items of expenditure as hereinbefore stated, to Congress for final action.

SEC. 5. And be it further enacted, That the commissioners to be appointed as aforesaid shall, before proceeding to the discharge of their duties, be sworn that they will carefully examine the accounts existing between the United States and the State of Kan

sas, and that they will, to the best of their ability, make a just, true, and impartial statement thereof, as required by this act. They shall receive such compensation for their services as may be determined by the Secretary of the Treasury, not exceeding ten dollars per day for cach commissioner. And the amount necessary to defray said expenses and the award made by the commissioners, not to exceed $259,000, is hereby appropriated out of any money in the Treasury not otherwise appropriated.

The amendment was agreed to.

The bill was reported to the Senate, as amended, and the amendment was concurred in. Mr. POMEROY. I believe the Senator from Massachusetts reported this bill with an appropriation of $259,000. That is the limit, including the expenses of the commission. They cannot go beyond $259,000.

Mr. WILSON. They can report anywhere within the limit of $259,000.

Mr. POMEROY. The State has assumed a much larger amount.

Mr. WILSON. I know the claim is larger. Mr. POMEROY. But as this is the amount that has passed the Senate once or twice I make no objection.

Mr. WILSON. We think it better to limit them to that amount; we do not want to throw the whole thing open.

Mr. POMEROY. I am willing that the bill should pass in this shape, as it has passed the Senate once or twice before. Indeed, I am very anxious that it should pass.

The bill was ordered to be engrossed for a third reading, was read the third time, and passed. Its title was amended to read, “A bill to authorize the settlement of the claims of the

State of Kansas for services of the militia called out by the Governor of that State, upon the requisition of Major General Curtis, to repel the invasion of General Price."

ARMY RULES AND ARTICLES.

Mr. WILSON. I move to take up the bill establishing rules and articles for the government of the armies of the United States. We

nearly completed it some days ago, and I desire now to make a few small amendments.

The motion was agreed to; and the consideration of the bill (S. No. 529) establishing rules and articles for the government of the armies of the United States, was resumed as in Committee of the Whole, the pending ques

tion being on the amendment of Mr. BUCKALEW, to insert after the words "within the theater of war," in the second line of the twelfth article, the words "and where the civil tribunals cannot act;" so as to make the article read:

In time of war or insurrection military commissions may be constituted, and shall, within the theater of war and where the civil tribunals cannot act, have jurisdiction, &c.

Mr. EDMUNDS. I had the impression that an amendment had been offered by the Senator from Connecticut [Mr. FERRY] that was designed as a substitute for that proposition, and which was more agreeable to the views of gentlemen on all sides of the Chamber, though I have forgotten what it was.

Mr. WILSON. I have the amendment proposed by the Senator from Connecticut, but I have shown it to the Senator from Pennsylvania, and he expresses his non-concurrence with it. I wish now to make a statement to the Senate in regard to this bill. I understand that the Military Committee in the House of Representatives have to-morrow in that House for their business. I was told so by the chairman of the committee yesterday, and they are very anxious to have this bill reach them so that they may act upon it. Situated as we are to-night, I am willing to let this section go out of the bill in order to get it to the other House and let them fix it as they please. If the Senator will agree to that course, I think it will be better, as probably the House of Representatives will have no other day but to-morrow to act on it.

Mr. BUCKALEW. The section to which the Senator refers I suppose is not at all necessary to the general scope and purpose of the bill. I think, therefore, it might be omitted without impairing the bill materially. It is simply declaratory. I was going to observe that the Senator from Nebraska [Mr. THAYER] intended to make a motion to strike out one of the later articles.

Mr. WILSON. He moved an amendment in regard to regular Army officers.

Mr. BUCKALEW. He intended to move to strike out the article which gave jurisdiction to military courts and commission over teamsters and contractors.

Mr. WILSON. I really think if the Senator from Nebraska were here he would not press that matter. It does seem to me that these teamsters, above all men, ought to be under the control of military tribunals.

Mr. BUCKALEW. I will not make it a point against the bill.

Mr. WILSON. I will let the twelfth article go out in order to get the bill to the other House.

Mr. BUCKALEW. In the latter part of the ninety-seventh article the words "or military commissions" are used in connection with courts-martial." It will be necessary now to omit those words, and then the matter will be left to military courts.

I

Mr. WILSON. Well, I will agree to that. propose to strike out, in line eight of article ninety-seven, the words "or military commissions." That will leave the persons covered by that article to be tried by court-martial.

The PRESIDENT pro tempore. The ques tion is on the amendment of the Senator from Massachusetts.

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The amendment was agreed to.

Mr. WILSON. I desire now to move an amendment, which is a mere matter of form. In the eighty-first article, after the word any," in the sixth line, I move to insert corps or staff department;" so as to read: "Brevet rank shall not take effect in any corps or staff department, regiment, troop, or company," &c. These words are left out by mistake originally.

The amendment was agreed to.

Mr. WILSON. In article eighty-two, after the word "officers," in the fourth line, I move to insert the words "unless such officers are at the time in command of their own or other troops." It is a mere matter of form. The amendment was agreed to.

Mr. BUCKALEW. I now make a formal motion to amend the bill by striking out the twelfth article, the one referring to military commissions.

The amendment was agreed to.

The bill was reported to the Senate as amended, and the amendments were concurred in. The bill was ordered to be engrossed for a third reading, was read the third time, and passed.

JOHN POTTS.

Mr. MORRILL, of Vermont. I move to take up the bill reported by the Committee on Claims for the relief of John Potts.

The motion was agreed to; and the bill (S. No. 595) for the relief of John Potts was read the second time, and considered as in Committee of the Whole. It provides for the payment of $3,500 to John Potts, chief clerk of the Department of War, for services as disbursing clerk from 1861 to July 1, 1868, and declares that it shall be lawful hereafter to pay the disbursing clerk of the Department of War the sum of $200 yearly in addition to his salary, whether such officer shall have been appointed from the clerks of class four or from a higher grade, any existing law to the contrary notwithstanding.

Mr. MORRILL, of Vermont. There is a written report; but I can state the case more briefly, I think, than it is stated in the report. Mr. Potts has performed the duties not only of chief clerk but of disbursing clerk of the War Department ever since 1861, and has disbursed very large and extraordinary sums for that Department, amounting in all to something like nine million dollars. The labor has been very severe, and it has been performed with great faithfulness and accuracy; and yet, because he was chief clerk, he could draw no pay for it. The law existing on this subject confines the appointment of disbursing clerks to clerks of the fourth class who receive a salary of $1,800 per annum. I suppose that Mr. Potts has really saved the Government the expense of an extra clerk. The claim is recommended by the various Secretaries of War. When General Cameron was Secretary he sent a communication to the other House asking that the law be changed so that payment might be made, and Secretary Stanton has also asked that the claim be paid.

Mr. BUCKALEW. I desire to ask the Senator what the compensation of this chief clerk is?

Mr. MORRILL, of Vermont. His salary is

$2,000 as chief clerk. This bill allows a compensation of $500 a year as disbursing clerk up to the present time and hereafter of $200.

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

UTAII DISTRICT COURTS.

Mr. COLE. I move to take up Senate bill No. 576, which was reported a day or two ago from the Committee on the Judiciary.

The motion was agreed to; and the bill (S. No. 576) relating to the district courts of Utah Territory was considered as in Committee of the Whole. It provides that the Governor of Utah Territory, shall assign the district judges of that Territory to their respective districts, and appoint the time and place of holding court in each of the districts.

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The Committee on the Judiciary proposed to amend the bill by adding, not exceeding two terms in each district in any one year." The amendment was agreed to. The bill was reported to the Senate as am ended, and the amendment was concurred in.

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

FORT GRATIOT RESERVATION.

Mr. HOWARD. I move to take up House bill No. 550, providing for the sale of a portion of the Fort Gratiot reservation in Michigan. It is a local bill that has passed the House of Representatives.

The motion was agreed to; and the bill (H. R. No. 550) providing for the sale of a portion of the Fort Gratiot military reservation in St. Clair county, in the State of Michigan, was considered as in Committee of the Whole. The Secretary of War is to be authorized to sell, at such times as he may deem most advantageous to the interest of the Government, and in such manner as hereinafter provided, all that portion of the military reservation known as Fort Gratiot, in St. Clair county, in the State of Michigan, which lies south of a line running due west from the south end of the Grand Trunk railroad wharf, on the St. Clair river, until it intersects the road known as the Lexington road and all that portion which lies west of the Lexington road. All that portion of these lands which lies east of a line running due south from the point of intersection with the Lexington road is to be divided into blocks and lots of convenient size for building purposes, with public streets conforming as near as may be, without detriment to the interests of the Government or the State, to the public streets of the city of Port Huron, adjoining such ground, and sold by lots at public auction, at the city of Port Huron, to the highest bidder, public notice of such sale having first been given for thirty days by advertisement in all the papers published in the city of Port Huron, and in at least two papers published in the city of Detroit, Michigan. A plat of this division, made in accordance with the laws of the State of Michigan, is to be filed with the register of deeds of the county of St. Clair. The remaining portion of the military reservation, for the sale of which provision is made, is to be sold at public auction at the city of Port Huron, after due notice, at such times and in such parcels as may be deemed most advantageous to the interest of the Government, by the Secretary of War. The proceeds arising from the sale are to be paid into the Treasury of the United States in the same manner as the proceeds from the sale of other public

lands.

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

0. N. CUTLER.

Mr. HOWE. I move to take up Senate bill No 591.

The motion was agreed to; and the bill (S. No. 591) for the relief of O. N. Cutler was read the second time, and considered as in Committee of the Whole. appropriate to O. N. Cutler the sum of It proposes to $50,000, in full compensation for two hundred and sixty-eight bales of cotton seized by order of General Ulysses S. Grant, at Lake Providence, Louisiana, the property of Cutler, and used for military purposes in equipping the steamer Tigress, for running the blockade of the Mississippi river, at Vicksburg, in the month of April, 1863, and destroyed.

Mr. WILLIAMS. That bill appropriates $50,000, and I think it needs some consideration.

I examined the report this morning, and I was not quite satisfied that a bill of that description ought to pass at all. It simply amounts to paying for property that was taken in the southern States for the necessities of the war. The question is presented to us in this bill whether or not we will adopt the policy of paying in the southern States for property that was taken for the purpose of prosecuting the war.

Mr. HOWE. I did not suppose there would be any objection to the bill; there was none in committee; but the Senate is very thin, and I do not want it considered now if there is any objection to it. I move to postpone the bill

until to-morrow.

The motion was agreed to.

PUBLIC LANDS IN UTAII.

Mr. POMEROY. I move to take up for consideration House bill No. 202.

The motion was agreed to; and the bill (H. R. No. 202) to create the office of surveyor general in the Territory of Utah, and estab

lish a land office in said Territory, and extend the homestead and preëmption laws over the same, was considered as in Committee of the Whole.

The first section proposes to authorize the President, by and with the advice and consent of the Senate, to appoint a surveyor general for the Territory of Utah, whose annual salary shall be $3,000, and whose power, authority. and duties shall be the same as those provide T by law for the surveyor general of Oregon. He shall have proper allowances for clerk hire, office rent, and fuel, not exceeding what is now allowed by law to the surveyor general of Oregon.

The second section provides that the public land within the Territory of Utah, to which the Indian title is or shall be extinguished, shall constitute a new land district, to be called the Utah district; and the President is to appoint, by and with the advice and consent of the Senate, a register and receiver of public money for that district, who shall be required to reside at the places at which said offices shall be located, and shall have the same pow ers, perform the same duties, and be entitled to the same compensation as are or may be prescribed by law in relation to land offices of the United States in other Territories.

By the third section the Secretary of the Interior is hereby authorized to locate the offices of surveyor general and register and receiver of public moneys at some suitable place or places in the Territory.

The fourth section extends the preëmption and homestead and other laws applicable to the disposal of the public lands over the district.

The Committee on Public Lands proposed to amend the bill in section two by striking out the word "land," in line one, and inserting "lands of the United States," and by striking out in lines two and three the words "to which the Indian title is or shall be extinguished;" so as to make the section read:

That the public lands of the United States within said Territory of Utah still constitute a new laul district, &c.

The amendment was agreed to.

The next amendment was in section four, line two, to strike out the word "homestead,” and after "laws," in the same line, to insert the words "of the United States;" so as to make the section read:

SEC. 4. And be it further enacted, That the preemption, homestead, and other laws of the United States applicable to the disposal of the public lands are hereby extended over said district.

The amendment was agreed to.

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

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

ELECTORAL VOTES OF LATE REBEL STATES. Mr. EDMUNDS. Now I ask that the business regularly before the Senate may be proceeded with.

The PRESIDENT pro tempore. The joint resolution (S. R. No. 139) excluding from the Electoral College votes of States lately in rebellion which shall not have been reorganized is before the Senate as in Committee of the Whole.

Mr. DAVIS. I move that the Senate do now adjourn.

The question being put, there was one vote in the affirmative.

Mr. BUCKALEW. I believe the question pending is on the amendment of the Senator from New York, [Mr. CONKLING,] who is absent this evening. It is not possible, there fore, to have an explanation from him of his particular proposition in contrast with the original measure and the amendment offered by the Senator from Missouri, [Mr. DRAKE:] buras I desire to say a few words generally upon the subject involved in the measure, I suppose I had best seize the present occasion, as we are approaching the end of the session, and I am very anxious to do no single act which shall delay the arrival of that much wished for day.