is to refer the resolution to a committee. To me it is a matter of personal indifference whether it is referred to a committee or whether it is considered directly by the body. On the whole, I would rather address the Senate to-morrow than to-day, as I have been traveling for a couple of days past, and have just arrived in the city.

Mr. President, when this question comes up for bold, manly discussion before the Senate of the United States, I hope it will be discussed in a spirit of charity, with no bitterness of feeling on either side. I should like the advocates of this measure to present arguments to the Senate to convince them, if possible, that it is within their power, as the legislators of the country, to pass a measure of this kind. I do not wish to hear, if I may be pardoned the remark, speeches upon the evils of slavery, upon the wickedness of slavery; but I wish the question to be met in this light: have we the power, have we the authority, under the Constitution of the United States, to enact a law of this kind? Has the Congress of the United States the constitutional authority to enter within the limits of the respective States, and to declare that any person who is held in slavery under the constitution and laws of that particular State shall be free? Has the modern doctrine of "military necessity" gone so far that when we are in a state of war, whatever the Congress of the United States shall decree, is constitutionally decreed? I ask the honorable Senator from Massachusetts, the chairman of the Military Committee, who has introduced this bill, when he comes to present his reasons for its passage to the American people and to the Congress of the United States, to point us out the authority to pass it.

Sir, there are some questions which, in law, are settled; there are some questions which, as constitutional questions, have been settled, and long settled. When this question shall legitimately come before the Senate for full discussion, I shall maintain the doctrine that not only have you not the power to decree the freedom of the wife and the children of negroes who volunteer in your Army, if they are from States where slavery is recognized, but you cannot give permanent freedom to the negro volunteer himself if he be a slave. There is no principle more clearly recognized in international law than this, that if a slave be captured from his lawful owner by one belligerent, and he afterwards comes back into the possession of the other belligerent by recapture, he reverts, according to the doctrine of the jus postliminii, not to the belligerent Power, but to his original owner. So, sir, I say to-day that if you go into a State of the southern confederacy and dress up a slave in your uniform and put him in your Army, although you may by all the solemnity of an act of Congress say that he shall be forever free, yet if he be recaptured, when recaptured he is no longer a free man; he does not belong to the southern confederacy; but the southern confederacy is bound to deliver him to his original owner.

That, sir, is the international law. It is the law which a great and distinguished statesman from the honorable Senator's own State maintained when he was a member of the Cabinet; it is the doctrine which he maintained when he was minister abroad. John Quincy Adams, from the Senator's own State, gave to this doctrine his sanction. When, during our last war with Great Britian, the British forces undertook to carry away slaves from this country, no man was more earnest than was John Quincy Adams in demanding from the British Government compensation for the value of those slaves. Sir, he was strong in his language; he said it was just as lawful to use poisoned weapons in warfare as it was to take slaves under the pretense that they had the right, under the law of nations, and in the exercise of military authority, to do so. The doctrine which John Quincy Adams then avowed, and which through his efforts was recognized by the English Government, has been the settled doctrine of the American nation, not only from that time to the present, but it was settled even anterior to that period. When John Jay was minister of foreign affairs of this country, he proclaimed the same doctrine, and he made foreign nations recognize it; and through every page in the diplomatic history of the country you find the same doctrine avowed without a dis

senting voice. And yet, sir, simply because we are engaged in a gigantic civil war; one which palls the imagination; one at which the thoughtful statesman stands aghast; a war the issue of which no man living can see; a war in which everything that is dear to the American heart and to the American mind is being overthrown, we find propositions of this nature presented to the American Senate!

It seems to me that we have lost sight entirely of the character of our Federal system; pardon me, sir, of our federated system. We are considering this as a great central power; such things as States and State rights are wholly ignored. We seem to think that the States of the American Union are nothing more than simply the counties of particular States. If that doctrine is to prevail; if the doctrine that we are not to have "the Union as it was and the Constitution as it is," is to prevail, but that we are simply to have the Union as it shall be, and the Constitution as it will be made, there is the death of constitutional American liberty.

Mr. SUMNER. Mr. President, there was a call only a few days ago for three hundred thousand more troops. The country needs them, and it is the duty of Congress to help supply them. To this end there must be no difficulty, impediment, or embarrassment in the way. All these must be removed. But this is not all. There must be encouragement of every kind; and such is the character of the present proposition.

There can be no delay. The country cannot wait the slow action of a constitutional amendment, as has been proposed by the Senator from Wisconsin, [Mr. DooLITTLE.] Congress must act to the extent of its power, and any abdication of its power on this question will be injurious to the public interests.

All must confess the humanity of the proposition to enfranchise the families of colored persons who have borne arms for their country. All must confess the hardship of continuing them in sla

Mr. SUMNER. I understoodMr. DOOLITTLE. The Senator is entirely mistaken. He is putting a question himself and then answering it. I have not put it at all.

Mr. SUMNER. The question has been put again and again, and the whole purport of the speech of the Senator from Wisconsin was in that sense. He argued that we were about to have a constitutional amendment which was to supersede everything; that therefore this proposition was unnecessary, if not injurious. I so understood the argument of the Senator, and that it pointed directly to the question of the power of Congress on this occasion, because I know the patriotism of that Senator too well to suppose that, if in his opinion the power of Congress on this occasion was beyond question, he would hesitate. I do not therefore do the Senator any injustice. I say, then, the question is asked, what power has Congress to set the families free? This is the single point on which I shall express an opinion.

My answer is that Congress has precisely the same power to enfranchise the families that it has to enfranchise the colored soldier. The two powers are coincident and from the same source.

It has been already assumed that Congress may enfranchise the colored soldier. This has been done by solemn statute, without any reference to the conduct of his pretended owner. If we were asked the reason for such enfranchisement, it must be found, first, in its practical necessity, that we may secure the best services of the slaves, and secondly, in its intrinsic justice and humanity. In brief, Government cannot be so improvident and so foolish as to attempt to obtain the services of the slave at the hazard of life, without securing to him the boon of freedom. Now, if|| Government were so bereft of common sense as to forego this temptation to enlistment and efficient service, could it be guilty of the unutterable meanness of using the slave in the national defense and then returning him to bondage? Therefore the slave who fights is enfranchised.

But every argument, every consideration, which

pleads for the enfranchisement of the slave pleads also for the enfranchisement of the family. There is the same practical necessity for doing it, and the same unutterable shabbiness in not doing it.

There is no principle of law better established than the rule that any acknowledged right carries with it all incidents essential to its exercise. I do not employ technical language; but I give the idea, which is founded in reason and the nature of things. It would be vain to confer a right, or a power, if the means for its enjoyment were denied. From this simple statement the conclusion is irresistible.

In conferring upon Congress the power to create an Army, the Constitution conferred therewith all the powers essential to the exercise of the principal power. If Congress can authorize the enlistment of slaves, as it unquestionably can, it may at the same time authorize their enfranchisement, and by the same reason it may authorize the enfranchisement of their families; and all this from the necessity of the case, and to prevent an intolerable meanness.

An English patriot, nearly two centuries ago, exclaimed in memorable words that he would give his life to serve his country, but he would not do a mean thing to save it. If there be any value in this declaration it may well be invoked when it is deliberately argued that the national Government can create an Army, and in this service can enfranchise the slave which it enlists, but that it is impotent to enfranchise his family. I know not how we can use his right arm and ask him to shed his blood in our defense and then hand over his wife and child to bondage. The case is too clear for argument. The human heart rejects the insufferable pretension.

But it is said that the slave has no family. Such is the argument of slavery. For all that he has, as well as all that he is, even wife and child, belong to another. Surely this unrighteous pretension will not be made the apology for a denial of rights. If the family of the slave be not designated by law, or by the forms of legal marriage, then it must be ascertained by the next best evidence possible; that is, by cohabitation and mutual recognition as man and wife. And any uncertainty in this evidence must be regarded as a natural incident to slavery. As men cannot take advantage of their own wrong, so slave masters, on this occasion, cannot take advantage of slavery. Any other rule would practically unite with slavery in denying to the slave wife and child.

There is a well-known French maxim, that "it is only the first step which costs"-ce n'est que le premier pas qui coute-and on this occasion, per-, mit me to say, it is only the first stage of the argument which merits attention. Concede that the soldier may be enfranchised, and it follows that by the same constitutional power his family may be admitted to an equal liberty. Any other conclusion would be as illogical as inhuman; discreditable alike to the head and the heart. There is no argument, whether of reason or of humanity, for the enfranchisement of the soldier which does not plead equally for that of his family. Nay, more; I know not how we can expect a blessing on our arms while we fail to perform this duty.

I cannot close what I have to say without adding that, in my opinion, Congress at this moment is complete master of the whole question of slavery everywhere in the United States, even without any constitutional amendment. It can sweep it all out of existence, precisely as it can remove any other obstruction to the national defense, and all this by virtue of a power as indisputable as the power to raise armies or to suspend the habeas corpus. Future generations will read with amazement that a great people, when national life was assailed, hesitated to exercise a power so simple and beneficent; and this amazement will know no bounds as they learn that Congress higgled for months on the question whether the wife and children of the colored soldier should be admitted to freedom.

Mr. SAULSBURY. I move that the further consideration of this resolution be postponed until to-morrow at one o'clock.

Mr. WILSON. I understand the Senator from Delaware desires to address the Senate to-morrow on this subject, and I am willing that it should go over for that purpose; but I should like to take the vote now on the question of reference.

The VICE PRESIDENT. The question is on

=

the motion of the Senator from Kentucky [Mr. DAVIS] to refer this joint resolution to the Committee on the Judiciary.

The question being taken by yeas and nays, resulted-yeas 15, nays 19; as follows:

YEAS-Messrs. Buckalew, Cowan, Davis, Doolittle, Harris, Henderson, Hendricks, Hicks, Nesmith, Powell, Richardson, Saulsbury, Trumbull, Van Winkie, and Willey-15.

Sumner, Wade, and Wilson-19.

ABSENT-Messrs. Anthony, Carlile, Chandler, Collamer, Hale, Harding, Howard, Howe, Lane of Kansas, McDougall, Riddle, Sprague, Ten Eyck, Wilkinson, and Wright-15.

So the motion was not agreed to.

The VICE PRESIDENT. The question now is on the motion of the Senator from Delaware, [Mr. SAULSBURY,] to postpone the further consideration of the joint resolution until to-morrow. The motion was agreed to.

MILITARY SERVICE.

Mr. WILSON. I move to take up the House bill No. 583.

The motion was agreed to, and the Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. No. 583) to amend the twenty-first section of an act entitled "An act to define the pay and emoluments of certain officers of the Army, and for other purposes," approved July 17, 1862; which proposes to amend that section so as to read as follows:

That any alien, of the age of twenty-one years and upward, who has enlisted or shall enlist in the armies of the United States, either volunteer or regular forces, or in the naval or marine forces, and has been, or shall hereafter be, honorably discharged, may be admitted to become a citizen of the United States, upon his petition, without any previous declaration of his intention to become a citizen of the United States, and that he shall not be required to prove more than one year's residence within the United States previous to his application to become such citizen; and that the court admitting such alien shall, in addition to the proof of residence and good moral character, as is now provided by Jaw, be satisfied by competent proof of such person having been honorably discharged from the service of the United States as aforesaid.

Mr. WILSON. I move to amend the bill by adding the following as additional sections:

SEC.. And be it further enacted, That it is not within the intent of the first section of the act of March 3, 1863, entitled "An act to authorize the brevetting of volunteer and other officers in the United States service," authorizing the President to confer brevet rank for gallant actions and meritorious conduct, to make a distinction as to pay between officers of volunteers and other forces, including the regular Army; but that such brevet rank does not entitie any officer, either of the regular Army or volunteers, to any increase of pay or emoluments,

SEC.. And be it further enacted, That if a soldier, discharged for wounds received in battle, die before receiving the bounty provided by the act of March 3, 1863, entitled "An act to amend an act to authorize the employment of volunteers," &c., the bounty due shall descend to his heirs in the same manner and order of succession as if he had died in the service.

particularly is the second section of the ameudment, that which regulates the descent of the bounty of a soldier. I have in my possession, but not here, a letter which I received a couple of weeks ago from the Second Comptroller of the Treasury, in which he explains the complexities there are at this time existing, growing out of the various laws we now have on this subject. I think at the last session of Congress, or at any rate during the last two sessions of Congress, we established by our enactments three different methods for the descent of the bounty due to soldiers and sailors. He has sent to me a copy of a bill which he threw out as suggestions for gentlemen to consider, and I would prefer, if the Senator from Massachusetts would assent to it, that this amendment, or at any rate this second section, which relates to the descent of the bounty, should be postponed until we can give further cousideration to the subject. At present the laws are very conflicting on that subject, and now there is a different order of descent for the bounty that is paid to a sailor from that which is paid to a soldier. They ought to be uniform, and I think they could easily be made uniform if we had a few hours to consider the subject.

Mr. WILSON. That being the case, I have no desire to press the question now. On the suggestion of the Senator from Iowa, I am willing to let the whole subject go over in order to give him an opportunity to look into it.

Mr. SHERMAN. Before the subject goes over I desire to submit an amendinent to this bill, which probably had better be printed, because I wish to call the attention of the Senate to it. I may modify the language; but I will submit it now so that it may be under consideration:

And be it further enacted, That no alien who has resided in the United States for five years continuously before the 19th day of April, 1861, shall be naturalized under the laws of the United States after the 1st day of April, 1865, anything in any act to the contrary notwithstanding.

The idea I wish to embody-perhaps the proposition should be expressed in different languageis this: there are, especially in the large cities, large numbers of able-bodied aliens, many of whom have made enormous fortunes by engaging in trade, who, the very moment the war broke out, refused to perfect their naturalization, and thus evaded all military service. Such men ought to be denied the privilege hereafter of citizenship. It is a plain and obvious matter of justice. I want to provide for that very numerous class of people in this country.

The VICE PRESIDENT. If there be no ob

will be postponed until to-morrow.

EXECUTIVE SESSION.

Mr. WILSON. I will state to the Senator from Maryland that the bill, as it comes to us from the House of Representatives, is a bill to construe a certain section of another act. Both the sections of my amendment are of a similar character. They refer to other acts, and say how they shall be understood. I thought it was fit that these propositions should go together. I certainly see no reason why they should not. This bill, as it comes from the House of Representatives, simply provides for putting alien sailors on the same footing with alien soldiers, and construes the law to read hereafter in that form. I simply propose by this amendment to provide that the act authorizing brevetting shall not be construed to make any distinction between volunteer officers and officers of the regular Army. I understand that there has been some construction of the De

Mr. CONNESS. I move that the Senate proceed to the consideration of executive business. The motion was agreed to; and, after some time spent in executive session, the doors were reopened, and the Senate adjourned.

HOUSE OF REPRESENTATIVES.
THURSDAY, January 5, 1865.

The House met at twelve o'clock, m. Prayer by the Chaplain, Rev. W. H. CHANNING. The Journal of Thursday, December 22, 1864, was read and approved.

COAST SURVEY REPORT.

The SPEAKER, by unanimous consent, laid before the House a letter from the Secretary of the Treasury, transmitting the report of the Superintendent of the Coast Survey for the year 1864; which was laid on the table, and ordered to be printed.

TRADE WITH REBELLIOUS STATES.

The SPEAKER also, by unanimous consent, laid before the House a letter from the Secretary of War, transmitting the report of Major General

E. R. S. Canby, commanding the military division of West Mississippi, concerning the purchase by the United States of the products of States declared to be in insurrection, called for by the resolution of the House of Representatives of December 22, 1864.

Mr. ELIOT. I move that that communication be referred to the Committee on Commerce.

Mr. FARNSWORTH. I think that communication should be referred to the Committee on Military Affairs, and I make that motion. We have this whole subject before us. A resolution was introduced by the gentleman's colleague [Mr. BOUTWELL] instructing the Committee on Military Affairs to inquire into this whole matter of trade with the rebellious States. The subject is now before the committee and is being investigated. The committee sent a similar inquiry to the Secretary of War, wider in its scope than the resolution of the gentleman from Massachusetts. The Secretary determined that he would answer the whole in reply to the resolution of the gentleman from Massachusetts, and so notified us. I think it proper that the communication should go to the Committee on Military Affairs.

Mr. ELIOT. I am inclined to think that the suggestions of the gentleman from the Military Committee are correct, and, under the circumstances, I shall not object to the reference of the communication to the Committee on Military Affairs. I withdraw my motion.

The communication was referred to the Committee on Military Affairs, and ordered to be printed.

LAWS OF NEW MEXICO.

The SPEAKER also, by unanimous consent, laid before the House the laws of the Territory of New Mexico; which were referred to the Committee on Territories.

SOLDIERS' PAY.

Mr. WILSON, by unanimous consent, introduced a bill to amend an act entitled "An act to increase the pay of soldiers of the United States Army, and for other purposes," approved June 20, 1864, and to increase the commutation value of rations for general and post hospitals; which was read a first and second time, and referred to the Committee on Military Affairs.

COAST SURVEY REPORT.

Mr. DAVIS, of Maryland, by unanimous consent, offered the following resolution; which was referred, under the rule, to the Committee on Printing:

Resolved, That there be printed three thousand copies of the report of the Superintendent of the Coast Survey for the year 1864; two thousand for distribution by the Coast Survey and one thousand for the use of the members of this House.

BURSTING OF GUNS.

Mr. HUBBARD, of Connecticut, by unanimous consent, introduced the following resolution; which was read, considered, and agreed to:

Resolved, That the Secretary of the Navy be requested to communicate to this House, so far as he has knowledge, what number of guns were burst on board our fleet in the late bombardment of Fort Fisher; on what ships they were mounted; the cause of their failure; the number of persous killed and wounded thereby; and whether any of such guns were of unwrought iron construction.

RANK OF LIEUTENANT GENERAL. Mr. BLAINE. I ask the unanimous consent of the House to offer the following resolution: Resolved, That the Committee on Military Affairs be instructed to inquire into the expediency of providing by law for the appointment of another lieutenant general, to be selected from the list of major generals now in the service, whose rank shall be inferior to the lieutenant general commanding the armies, and superior to all other officers in the service.

Mr. COX. I object.

DISTRICT COURTS IN MISSOURI.

Mr. LOAN, by unanimous consent, introduced a bill to provide for holding courts in the western district of Missouri, and to prescribe the times thereof; which was read a first and second time, and referred to the Committee on the Judiciary

ST. JOSEPHI, MISSOURI.

Mr. LOAN also introduced, by unanimous consent, a bill to constitute the city of St. Joseph, in the State of Missouri, a port of delivery; which was read a first and second time, and referred to the Committee on Commerce.

CLERICAL APPOINTMENTS.

Mr. A. W. CLARK, by unanimous consent, introduced a joint resolution relative to appointments in the various Departments; which was read a first and second time.

The joint resolution provides that all vacancies which may hereafter occur in the clerical force in the War, Navy, Treasury, Interior, and Post Office Departments, shall be filled proportionately by soldiers and sailors disabled by wounds received in battle, who are competent to perform the duties, or who may quickly be instructed therein; and also that the places of the present incumbents shall be filled by similar appointments as rapidly as changes can be made without detriment to the public service.

Mr. A. W. CLARK demanded the previous question.

Mr. STEVENS. Would the gentleman from New York [Mr. A. W. CLARK] have any objection to refer this joint resolution to a committee? It is taking upon ourselves great power.

Mr. A. W. CLARK. I think the House is prepared to act upon it now.

Mr. STEVENS. I hope the previous question will not be sustained. This is a very good claptrap thing, I know; but it is a great stretch of power.

Mr. COX. I wish to ask the gentleman from New York [Mr. A. W. CLARK] one question in reference to one phrase in this resolution. To what does the word "proportionately" refer-to the Army or the civil service?

Mr. A. W. CLARK. Proportionate to the number of applicants presenting themselves.

Mr. GANSON. I would inquire if it is intended to throw out all the females now employed in the Departments.

Mr. COX. I hope the gentleman from New York [Mr. A. W. CLARK] will strike out the word "proportionately;" otherwise I must move to refer this joint resolution to the Committee on the Judiciary.

The SPEAKER. That cannot be done now except by unanimous consent.

The question was then taken upon seconding the demand for the previous question, and it was not agreed to.

Mr. STEVENS. I move to refer the joint resolution to the Judiciary Committee.

The question was taken, and the motion to refer was agreed to.

TERRITORY OF WYOMING.

Mr. ASHLEY, by unanimous consent, introduced a bill to provide a temporary government for the Territory of Wyoming; which was read a first and second time, and referred to the Committee Territories.

on

NATIONAL MISSISSIPPI BRIDGE COMPANY. Mr. KNOX, by unanimous consent, introduced a bill to incorporate the National Mississippi Bridge Company; which was read a first and second time, and referred to the Committee on the Post Office and Post Roads.

INCREASE OF PAY TO OFFICERS, ETC. Mr. ROSS, by unanimous consent, introduced a bill to increase the pay of officers and soldiers in the United States Army, twenty-five per cent. from and after the 1st day of January, 1865; which was read a first and second time, and referred to the Committee on Military Affairs.

MESSAGE FROM THE SENATE.

A message was received from the Senate, by Mr. FORNEY, its Secretary, informing the House that the Senate had passed an act (S. No. 72) supplementary to an act to prescribe an oath of office, and for other purposes, approved July 2, 1862, in which they asked the concurrence of the House.

NATIONAL TELEGRAPH UNION.

Mr. MORRIS, of Ohio, by unanimous consent, offered the following resolution; which was read, considered, and agreed to:

Resolved, That the Committee for the District of Columbia be instructed to inquire into the expediency of reporting a bill to incorporate the National Telegraph Union.

REFUGEES FROM REBELLIOUS STATES. Mr. LAW, by unanimous consent, offered the following resolution; which was read, considered, and agreed to:

Resolved, That the Committee on Military Affairs be,

and they are hereby, instructed to inquire whether any, and if so, what, legislative action is necessary on the part of Congress to afford relief to the distressed and destitute women and children, refugees from the rebel States, who have located within the Union States; with leave to report by bill or otherwise.

NAVAL RECRUITS.

Mr. PIKE, by unanimous consent, offered the following resolution:

Resolved, That the Secretary of War be directed to report to the House the rule adopted by him, if any, in apportioning naval recruits among the different enrollment districts under section eight of an act further to regulate and provide for the enrolling and calling out of the national forces, and for other purposes, approved July 4, 1864, and to state further the proof of residence required by him in making assignments of naval recruits under that section.

Mr. STEVENS. I move to amend the resolution by adding the words "and by what provision of law in apportioning in the Army a man enlisted for three years is counted as three men.' Mr. PIKE. I accept that amendment. The resolution, as amended, was then adopted.

BOUNTIES TO SOLDIERS.

Mr. LAW, by unanimous consent, offered the following resolution:

Resolved, That the Committee on Military Affairs be, and they are hereby, instructed to inquire, when a soldier is discharged on account of wounds received in battle, and dying before receiving the bounty provided by the act of March 3, 1863, entitled "An act to authorize the employment of volunteers," whether the bounty due to him should not descend to his heirs in the same manner and succession as if the soldier had died in service.

Mr. JOHNSON, of Pennsylvania. I move to amend the resolution so that the Committee on Military Affairs be instructed to inquire into the expediency of reporting a bill for the purpose indicated in the resolution.

Mr. LAW. I accept the amendment.
The resolution, as amended, was then adopted.

RECRUITING BROKERS.

Mr. MORRIS, of New York, by unanimous consent, offered the following resolution; which was read, considered, and agreed to:

Resolved, That the Committee on Military Affairs be Instructed to inquire into the expediency of providing by law for dispensing with the services of recruiting brokers, and prohibiting their pay or reward for any such services or pretended services.

WASHINGTON GAS-LIGHT COMPANY.

Mr. DAVIS, of New York. I move that, by unanimous consent, Senate bill No. 363, an act to amend the charter of the Washington Gas-Light Company, be taken from the Speaker's table and put upon its passage.

Mr. COBB. I object.

Mr. DAVIS, of New York. I move to suspend the rules in order to take up the bill. The SPEAKER. That motion cannot be made on Thursday.

OVERLAND CALIFORNIA MAIL.

Mr. DAILY, by unanimous consent, offered the following resolution; which was read, considered, and agreed to:

Resolved, That the Postmaster General be requested to furnish to this House copies of all advertisements for the late letting of the contract for carrying the overland California mail, with all the bids, the names of bidders, and all correspondence relating to the same (with any offers to contract) by the Department, and the name of the party, and the amount at which the contract was finally let.

RAILROAD FARE IN NEW YORK CITY. Mr. HERRICK, by unanimous consent, offered the following resolution; which was read, considered, and agreed to:

Whereas the city railroad companies in the city of New York, whose rates of fare are prescribed by the laws of the State and the ordinances of the city, have increased such rates twenty per cent., by authority of the last proviso of section one hundred and three of the act of Congress entitled "An act to provide internal revenue to support the Government, to pay interest on the public debt, and for other purposes," approved June 30, 1864, upon the pretense that they can in no other way collect from their passengers the internal revenue tax of two and a half per cent, imposed upon the gross receipts of said railroad companies, as authorized by said act: Therefore,

Resolved, That the Committee of Ways and Means be instructed to inquire into the expediency of repealing so much of the act to provide internal revenue, to pay interest on the public debt, and for other purposes, approved June 30, 1864, as empowers railroad companies to increase their rates of passenger fare beyond the rates established by local laws, or of so amending the last proviso of the one hundred and third section of such act that it will not be capable of being construed into a permission for the New York city railroad companies to collect from passengers a

higher rate of fare than is prescribed for them by the laws of the State of New York and the ordinances of the city of New York.

THANKS TO GENERAL SHERMAN.

Mr. COLE, of California. I ask unanimous consent to introduce the following joint resolution, and ask that it be put upon its passage:

Resolved by the Senate and House of Representatives, &c., That the thanks of the people and of the Congress of the United States are due and are hereby tendered to Major General William T. Sherman, and through him to the offcers and men under his command, for their gallantry and good conduct in their late brilliant expedition through Georgia; and that the President cause a copy of this joint resolution to be engrossed and forwarded to Major General Sherman.

There being no objection, the joint resolution was read a first and second time.

Mr. GARFIELD. I move that this joint resolution be referred to the Committee on Military Affairs.

Mr. FARNSWORTH. I hope that it will be passed without a reference.

Mr. GARFIELD. I make this motion only because I object to any resolution of this nature going through without being properly referred, not because I am not in favor of this resolution. I am in favor of it. But I desire that, as a rule, all resolutions of this character shall be referred.

The motion of Mr. GARFIELD was agreed to; and the joint resolution was referred to the Committee on Military Affairs.

CREDITS FOR RECRUITS AND CONSCRIPTS. Mr. BALDWIN, of Massachusetts, by unanimous consent, offered the following resolution; which was read, considered, and agreed to:

Resolved, That the Committee on Military Affairs be directed to consider the expediency of providing by an act of Congress that cannot be misinterpreted or evaded, that all men enlisted or drafted into the military service shall be credited to the city, ward, town, or district to which they belong by residence, provided they have a legal residence in any duly organized enrollment district.

WAGON ROAD IN MONTANA.

Mr. HUBBARD, of Iowa, by unanimous consent, introduced a bill to provide for the construction of a wagon road from the Missouri river to Virginia City, in Montana; which was read a first and second time, and referred to the Committee on Roads and Canals.

COMPENSATION OF POSTMASTERS.

Mr. HUBBARD, of Iowa, by unanimous consent, also offered the following resolution; which was read, considered, and agreed to:

Resolved, That the Committee on the Post Office and Post Roads be instructed to inquire into the expediency of so amending the act of July 1, 1864, relating to the compensation of postmasters, as to allow postmasters of the third class a reasonable sum for the necessary cost of rent, fuel, lights, and clerks.

STENOGRAPHER FOR COMMITTEES.

Mr. WILSON. I ask unanimous consent of the House to submit the following resolution:

Resolved, That the Speaker appoint a competent stenographic reporter, to continue in office until otherwise ordered by the House, whose duty it shall be to report in shorthand on the order of any of the standing or special committees of the House such proceedings as they may deem necessary, and when ordered to be printed, properly index and supervise the publication of the same, and who shall receive therefor an annual compensation at the rate now allowed by regulation for reporting court-martial proceedings.

There was no objection, and the resolution was received. Mr. WILSON demanded the previous question on its adoption.

The previous question was seconded and the main question ordered, and under the operation thereof the resolution was adopted.

Mr. WILSON moved to reconsider the vote by which the resolution was adopted; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to.

EXCUSED FROM COMMITTEE SERVICE. Mr. MORRILL. I ask unanimous consent of the House to be excused from further service on the special committee in reference to the ventilation of the two Halls of Congress. I find that I shall be unable to attend to my duties on other standing committees if I remain on that committee; and I hope that the House will excuse me.

There was no objection; and it was ordered accordingly.

GOLD BILL.

Mr. STEVENS. I ask unanimous consent of the House to introduce the following resolution for reference:

Resolved, That the Committee of Ways and Means be instructed to inquire into the expediency of bringing in a bill to prevent combinations being formed to raise the price of coin and depreciate the value of lawful money of the United States.

Mr. BROOMALL. I object.

Mr. STEVENS. I ask my colleague to withdraw his objection, so that I may be heard on my resolution.

Mr. BROOMALL. I withdraw my objection. Mr. STEVENS. Mr. Speaker, it will be recollected that the Secretary of the Treasury, in his recent annual report, calls the attention of Congress to combinations of men to raise the price of coin and depreciate the value of the lawful money of the United States, and asks us to provide some remedy for the evil. It may possibly be recollected that on the second day of the session I had the honor to introduce a bill which was designed to accomplish that object. The next morning, as soon as the Journal was read, my excellent friend from Maine, [Mr. BLAINE,] in an alarmed and excited manner informed the House that that bill was fraught with innumerable mischiefs; that it would destroy the interests of the country. I do not speak exactly as he spoke. He said that it would prevent and prohibit importation. In that I think he made a mistake. said that it was fraught with all of the evils-not in this language-of the fabled Pandora's box. It was an unheard-of bill, and he modestly stated that it was an absurdity. The House, partaking of the magnetic manner of my friend from Mainehe seemed to be distracted on the subject-and wishing to escape the evils of this gunpowder plot, immediately laid it on the table.

He

Mr. PIKE. I wish to call the attention of the gentleman from Pennsylvania to the fact that my colleague to whom he refers is not now present.

Mr. STEVENS. He is now sitting before me. [Laughter.] If he had not been present I would not have referred to him. It is because he is present that I have so freely referred to the gentleman. I mean kindly all that I have said."

Mr. Speaker, I was saying, when interrupted, that the House, being magnetized by the excited manner of the gentleman from Maine, [Mr. BLAINE,] became alarmed and immediately laid the bill on the table, without its being presented, and without a single member having had an opportunity to read a word of it. I remember the gentleman stated that the very announcement of the bill the day before had raised the price of gold twelve per cent. He stated that there were telegrams to that effect. I remember what was said by the able editors, sciolists who prate deeply in reference to things of which they know nothing. I know that they repeated what my excellent friend had taught them. We were told that it was an anomalous proceeding never heard of before. It was likened to an effort to regulate the course of the planets, to guide the sun and moon. I remember to have heard an excellent friend, in a sotto voce, say that it was like an attempt to make the mercury in a thermometer regulate the weather.

Mr. Speaker, all these suggestions, all these imputations, all the statements that my proposition was preposterous and absurd, of course had no effect upon me. I have heard too much of that in the past to care for it. I disregard all these imputations. But, sir, it is due to the respectable gentlemen who, on that occasion, to the number of fifty or sixty, voted with me, that I should lay some facts before this House, and the country, to rescue them from the imputation of ignorance, and to expose the ignorance of those who made the assertions I have mentioned. I only detain the House for that purpose.

It will be remembered, Mr. Speaker, by every member of this House that in 1793 England entered into a war with France, and that finally she entered single-handed into a war with the whole of continental Europe. At that time the Bank of|| England was her fiscal agent. The bank for a while went on prosperously under these circumstances, the Bank of England notes being at par and there being no demand for coin at that time, as the Government had not fallen into the error of making a portion of their debt payable in coin and

part in paper. But about 1797 there came to be a continental loan, which England found it necessary to contract with continental nations, and gold became necessary. Then it was that class of men called "gold gamblers," as they are now named, saw proper in England to combine for the purpose of raising the price of gold, and in 1809 it went up, I think, to eight or nine per cent., and was going on; and as the armies of Great Britain went upon the Continent it was necessary to supply them with gold, which increased the demand and enabled these persons to make use of their power to raise the price of the article, and in 1810 and 1811 it was at sixteen and seventeen per cent., and finally at one period, I think, it rose as high as forty per cent.

The British Parliament became alarmed at the action of this combination, for in 1797, when gold had become so high, the Government by an Order in Council restricted and prohibited the Bank of England from paying cash until after the meeting of Parliament, and upon the meeting of Parlia ment a law was passed making valid the Order in Council and prohibiting the payment of coin until six months after the final proclamation of peace. And at the same time, although the Bank of England notes were not made a legal tender, yet a law was passed which took away the remedy by arrest or by distraint of any creditor who refused to receive Bank of England notes when tendered. A Bank of England note was not a full tender, as our note is, but the law prohibited all process of protection in case of a refusal to receive the notes of the Bank of England.

This took place, as I have said, in 1797, but still there was very little rise in the price of gold until the time I have mentioned, up to 1809, 1810, and 1811; then, when gold was sent to subsidize the armies of Great Britain in Europe, the gold gamblers combined to raise the price of gold and depress the price of Bank of England notes; and the wise statesmen of England, who never thought of attempting to regulate the moon or stars in the British Parliament, put their heads together to see if some law could be devised which would correct this evil and check the rise in gold.

I remember that Lord Stanhope, then an eminent British statesman, was the first to move a bill in 1811 for that purpose, which was supported, not by ignorant men, not by men guilty of absurdities, but by the great Lord Chancellor Eldon, and by the great financier Vansittart. That bill passed the British Parliament in 1811. I admit that it was an experiment only, and was limited to three months after the next meeting of Parliament, and then it was found to have worked so beneficially that it was enlarged, and improved,

and reenacted.

Now, if gentlemen will not think that I am attempting to expose their want of knowledge, I will send to the desk and ask the Clerk to read the bills of the British Parliament, which are exact copies of the bill which I presented to this House for a similar purpose, and under the similar circumstances of the country.

Before the Clerk reads, however, I will simply say that I looked at the money article in the New York Tribune to see how much gold rose on the day that I introduced my bill, and I found the following paragraph in the paper of the 7th of December:

"Gold opened at 2291, sold up to 2321, and closed at 232. The leading buyers were secesh houses,' encouraged by the proposition to prohibit the export of gold coin."

I see by the same authority that after my bill was laid on the table, hardly had the knowledge of it reached New York than gold went up to 240, and remained so for ten days.

Mr. BLAINE. If the gentleman from Pennsylvania [Mr. STEVENS] will allow me a word, I think he will admit the correctness of what I stated. The gentleman introduced his bill on Tuesday, December 6, near the hour of one o'clock. The intelligence of it was not known in New York city, on the street, until three o'clock, after banking and brokers' hours. The next morning, when the contents and scope of that bill were fully made known in Wall street, gold opened at twelve per cent. advance on the rate of the day before. That advance took place, therefore, several hours before the House took action on the bill on my motion. Now, when the gentleman speaks of the laying that bill on the table as the cause of the rise in gold

Mr. STEVENS. I did not say it was the cause. I stated as a fact that the one followed the other. I do not think either the introduction of the bill, or the laying it on the table, was the cause of the rise in gold. I can very well understand how the gold gamblers could take advantage of that to run gold up.

However, I will now proceed to give the House the facts to which I have referred. I will ask the Clerk to read the several passages which I have marked in the books I send to him.

The Clerk accordingly read the following sections of statutes of Great Britain and Ireland: "Whereas it is expedient to enact as hereinafter pro · vided:

"Be it enacted by the King's most excellent majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That, from and after the passing of this act, no person shall receive or pay for any gold coin lawfully current within the realm, any more in value, benefit, profit, or advantage, than the true lawful valué which such gold coin doth or shall by its denomination import, whether such value, benefit, profit, or advantage be paid, made, or taken in lawful money, or in any note or notes, bill or bills of the governor and company of the Bank of England, or in any silver token or tokens issued by the said governor and company, or by any or all of the said means, wholly or partly, or by any other means, device, shift, or contrivance whatever; and every person who shall offend herein shall be deemed and adjudged guilty of a misdemeanor.

II. And be it further enacted by the authority aforesaid, That no person shall by any means, device, shift, or contrivance whatsoever, receive or pay any note or notes, bill or bills of the governor and company of the Bank of England for less than the amount of lawful money expressed therein, and to be thereby made payable, except only lawful discount on such note or bill as shall not be expressed to be payable on demand; and every person who shall offend herein shall be deemed and adjudged guilty of a misdemeanor."

VI. Provided always, and be it further enacted, That this act shall continue and be in force to and until the 25th day of March, 1812, and no longer." (24th July, 1811.)

"Whereas an act passed in the fifty-first year of the reign of his present Majesty entitled 'An act for making more effectual provision for preventing the current gold coin of the realin from being paid or accepted for a greater value than the current value of such coin; for preventing any note or bill of the governor and company of the Bank of England from being received for any smaller sum than the sum therein specified; and for staying proceedings upon any distress by tender of such notes;' and whereas it is expedient that the said act should be continued and amended and extended to Ireland:

"Be it therefore enacted by the King's most excellent majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That, from and after the passing of this act, no person shall receive or pay for any gold coin lawfully current within the United Kingdom any more in value, benefit, profit, or advantage than the true lawful value which such gold coin doth or shall by its denomination import, whether such value, benefit, profit, or advantage be paid, made, or taken in lawful money, or if paid or taken in Great Britain in any note or notes, bill or bills of the governor and company of the Bank of England, or in any silver token or tokens issued by the said governor and company, or if paid or taken in Ireland in any note or notes, bill or bills of the governor and company of the Bank of Ireland, or in any silver token or tokens issued by the said last-mentioned governor and company, or by any or all of the said means, wholly or partly, or by any other means, device, shift, or contrivance whatsoever; and every person who shall offend herein shall be deemed and adjudged guilty of a misdemeanor, and being thereof convicted by due course of law, shall suffer six months' imprisonment, and find sureties for his or her good belavior for one year more, to be computed from the end of the said six months; and if the same person shall afterwards be convicted a second time of the like offense, such person shall, for such second offense, suffer one year's imprisonment, and find sureties for his or her good behavior for one year more, to be computed from the end of the said lastmentioned year; and if the same person shall afterwards offend against this act, and shall by due course of law be convicted of any subsequent offense, he or she shall bo imprisoned for the term of two years for every such subsequent offense.

II. And be it hereby further enacted, That if any person shall be convicted of receiving or paying any such gold coin, contrary to the said recited act or this act, and shall afterwards be guilty of the like offense, the clerk of the assize or clerk of the peace for the county, city, or place where such conviction was so had, shall, at the request of the prosecutor or any other person on his Majesty's behalf, certify such conviction, for which certificate two shillings and sixpence, and no more, shall be paid; and such certificate being produced in court shall be sufficient proof of such former conviction."

"V. And be it further enacted, That no person shall, by any means, device, shift, or contrivance whatsoever, receive or pay in Great Britain any note or notes, bill or bills of the governor and company of the Bank of England, or receive or pay in Ireland any note or notes, bill or bills of the governor and company of the Bank of Ireland, for less than the amount of lawful money expressed therein, and to be thereby made payable, except only lawful discount on such note or bill as shall not be expressed to be payable on demand; and every person who shall offend herein shall be decmed and adjudged guilty of a misdemeanor, and being convicted by due course of law shall be subject to a fine of double the amount of the sum of money specified in such