Obrazy na stronie


this whole subject ought to be transferred to It is not very much for each Indian, absorbed in the general population of our the War Department. The negotiations ought but it shows the peculiar mode of making trea- Territories to be governed by civil law. to be made ihrough military officers, the com- ties with them. We gather these Indians to- I know that some objection has been made manders of troops face to face with the Indians. ll gether at various forts of the United States to transferring the Indians over to the territorial Then you will have some check on the expend- under military authority; we there feed them authorities and to the authorities of the new iture. The Senator will see himself that there for twenty or thirty days, we furnish them | States, on the ground that there is an antagwill be no check here on the expenditure of blankets and clothing, &c., and then our com- onism between the whites and the Indians that the money about to be appropriated. In the missioners-I do not know who they are- will lead the white man to disregard the rights subsistence department no ration can be drawn write out a treaty of peace, and the Indians of the Indians; but I believe it would be wiser except in pursuance of law, and there are forms || sign it, ignorant of its provisions, unable to and better to give to the infant States and Terand inodes of checking ofiicers, so that there is read, poor, miserable creatures as they are ritories of the West a portion of the money now a system of accountability which it is almost admitted to be; and that treaty is sent to the appropriated by the Government for the sup

It is almost impos. sible that frauds can be perpetrated in the subo iced boere in it is ratified, as a matter of course. Senate of the United States, the highest polit- || port of the Indians, and trust to the people of

the infant States and Territories to govern those sistence Bureau of the War Department. So

tribes, and disband our whole Indian system; in regard to transportation ; that is done under I remember that in one case when I was a or, if that cannot be done on account of the a system of accounts and checks, so that money member of the House of Representatives, five antagonism between the whites and the Indians, appropriated for the quartermaster's depart- Indian treaties were ratified, as I was informed then to transfer this whote Indian service to ment is certainly applied to the purposes to by a Senator, without their being read in the the Ariny, and let them govern the Indians as which it is appropriated, though sometimes | Senate, on the last day of an executive ses- subjects of the United States; but the present frauds may perhaps be committed. This ap- sion, and when we came to make up the esti- system of governing the Indians by treaty stippropriation, however, will be to another Depart- mates to carry those treaties into execution, ulations, by bribes and presents, beans and corn ment of the Government, for supplies of a they were so large that they were actually sus- and pork, furnished at the enormous expense character over which that Department has not || pended, and not carried out for a time. That of from ten to twenty dollars a head to every usually had any supervision." These estimates was the Oregon case. I believe there was a Indian in the United States, is a system that provide for six Indian treaties with the aggre- misunderstanding in regard to the terms of the ought not to be tolerated longer. gated Indians that have been invited to par- treaty, and finally it led to a war.

I will take this occasion to inquire of the ticipate to the amount of something like ten Perhaps this is as good an occasion as any honorable chairman of the Committee on Inthousand.

to say that there ought to be an end to this dian Affairs whether a proposition to transfer The estimates are given in detail in the mode of dealing with Indians. I have no the Indian service to the War Department is papers furnished to the Committee on Finance, doubt these five treaties to be made by Gen- not now pending in that committee. and show that these Indians expected to be eral Curtis and others--and no man could be Mr. DOOLITTLE. Yes, sir; there is a propaggregated in masses, men, women, and chil- selected in the United States whom I would osition now pendhig before the committee to dren meeting together at five or six different more cheerfully trust with any power than Gen- | transfer the Indian Bureau to the War Departforts of the United States, from fifteen hundred eral Curtis, whom I have known for many ment; but that is not involved in this question. to two thousand at each fort, and they are there || years—will be made in this way, and will prob- Mr. SHERMAN. It is not involved, but to be fed on pork, bread, coffee, and the ordi- ably entail on the Government an annuity for this is the only manner in which we shall have nary rations of the Army for a certain time, a number of years amounting perhaps to from the question of the Indians before us. We and treaties of peace are to be negotiated with $100,000 to $500,000; I cannot tell how much. have no opportunity to discuss these Indian them. There is no mode of transporting those The expense of our Indian service now is be- matters except when appropriations come beprovisions from the settlements to the forts tween two and a half and three million dollars, | fore us; and they never come before us unless except by new agencies. The quartermaster's and the whole number of treaty Indians, so when there is such an urgent and pressing department has its contracts for the transpor- far as I can gather from the best information necessity to make the appropriations that we tation of supplies in which competition bas I can get, does not exceed one hundred and cannot for humanity's sake stop to deliberate been had, proposals have been invited, con- twenty-five thousand ; there are other Indians, on measures affecting the Indians. A year ago tracts have been made. But in the transpor- with whom we have no treaties ; so that the every Senator will remember that a propositation of these supplies there will be no compe- cost of governing our Indians is greater than tion was made to pay over to the Cherokees tition. The very necessity of immediate action the cost of governing this country during the and other Indians of the Southwest enorinous will compel the Department to transport these

late war.

It amounts probably to from ten to sums of money to relieve them from immediate sapplies at whatever cost. The expense of twenty dollars a head ; and in addition to that distress. We liad no time to deliberate because transporting the supplies will be almost equiv- are all the vast sums that are expended through the demand was made of us in the name of alent to their original cost. One of the bills the Army to keep the Indians in subjection. humanity to feed starving Indians, some of presented bere shows corn used by one of the The amount actually appropriated every year whom had been true and loyal. Indeed, these scouts sent out cost the Government eight to for the benefit of the Indian service proper is Indian questions are never brought before us nine dollars a bushel, when we all know that from two and a half to three million dollars, until under such urgent circumstances that we in Iowa corn is now being burnt for fuel-it is and that merely to carry into execution treaties cannot deliberate. There are very few Senaso stated in the papers; and certainly it is not and to pay the expenses of agents and super- tors, probably, who would have been willing to worth over twenty cents a bushel.

intendents. The number of Indians that are authorize the convocation of these Indians en Mr. DOOLITTLE. Allow me to state that included in our treaty, stipulations has been masse in the various forts of the United States the corn which feeds the horses of the Army variously estimated from one hundred to three for the purpose of making new treaties with out there fighting the Indians costs from five hundred thousand, but I believe it has been them, and the question is now presented to us to ten dollars a bushël. That is one reason we more accurately estimated at the lower num- in such form that we cannot deny the approdo not want to go out there with horses fight. || ber, because they are constantly diminishing priation, simply because the executive author: ing the Indians. It costs just as much when || in number. Then the Indians with whom we ities of the Government have directed the conthe Army transports it out there as when any. have no treaty stipulations are now constantly, vening of the Indians and we are bound to feed body else transports it. In relation to this year after year, making treaties, thus adding them while they are there; we are bound to matter of transportation. I suppose the same to the expense of our Indian relations.

carry their stipulations into effect; we are not price will be paid as for Army transporta- It seems to me that a system like this con. left to legislate or to judge in regard to the tion.

ducted in this manner ought to be put a stop matter. Mr. SHERMAN. There is no limitation of to. I have not the information on which I can Perhaps these remarks may be considered as that kind.

say that this sum ought not to be appropriated ; rather out of order, as they do not affect the Mr. DOOLITTLE. The Army transporta- || indeed, it seems that the Government have immediate question before the Senate. I do tion is always done by contract.

placed themselves in a position where they not wish to stand here as opposing this approMr. SHERMAN. But done under and in || have agreed to meet these Indians in council priation. Probably the faith of the nation is pursuance of law which requires the quarter- in the way they have heretofore made treaties bound to feed these Indians and take care of master's department to contract. This would with them. The stipulation has gone out with them in the usual way. So we shall probably not be under that law.

the assentof the President of the United States, be considered bound to ratify the treaty when Mr. DOOLITTLE. Still there is a law for and the military authorities have undertaken to made, and we shall be bound to appropriate contracts in the Interior Department just as convene the Indians en masse at various forts of

money to carry the treaty into execution. We much as in the War Department.

the United States, and I do not see but that we never shall have a change in this system until Mr. SHERMAN. I will call the attention are bound, under the circumstances, to appro. one of two policies is adopted, either to trans. of the Senate also to the character of the priate the money in some form, either to give fer the whole Indian service to the War Departpresents estimated for as part of the $121,000. it to the military authorities, or to the Indian ment, or else to transfer the Indians to the I will give only a few of the items--thirteen Bureau. It is, however, a fair illustration of charge of the people of the States and Terrihundred pairs of blankets, to cost $9,750 ; the manner of our dealing with the Indian tories where they live, and that is a proposi. one hundred and twenty dozen scarlet shirts, | tribes. I have been in hopes for some years tion which I hope will be adopted before long. cotton handkerchiefs, woolen blouses, thirty | that the Indian Committee would report some I am willing to leave to these new States and thousand yards of fancy prints, and various measure by which the Indians might be trans- Territories the government of the Indian poppresents, amounting altogether to about thirty | ferred to the Military Department, there to be ulation, and if necessary to give the aid of the thousand dollars, for some ten thousand Indi- ll governed by military law until they should be Army to govern the Indians, and if it is needed,

this year,

to distribute to them the $3,000,000 the Indians ation bill, and no one can resist an Army || have no hesitation in saying that the whole now cost us to enable them to administer gov- | appropriation bill. Indeed, the Senator from system is an absolute failure. It simply in. ernment over them. The system of bribes. Ohio, representing the Committee on Finance, volves the extermination of the Indians and treaties, and presents, ought to be abandoned will not stand up here to resist an Army appro- the extermination of a very large number of by the United States.

priation in time of peace or at any time. white people. Peace lasts while your provis. Mr. DOOLITTLE. Mr. President, some Mr. President, in relation to what my friend ions last. When the provisions run out, in of the remarks of my friend from Ohio, 1 has said about our treating with the Indians, I order to get more the Indians commence mur. think, challenge a moment's consideration. wish to say that that has been the uniform prac- dering, and before you have any notice of it I do not look upon what we give to the Indians tice of the Government from the beginning and whole neighborhoods are cut off, women and as in the nature of bribes. I do not think from before the beginning. The colonies treated children are slaughtered, and war is inauguthat the presents which are given, that what with the Indians. The colonies were weak; rated for the purpose of their being bought off. we contract to pay them annually in the shape the Indians were strong. The colonies were The Indians understandit perfectly well. They of provisions and clothing, (for the payment glad to treat with them; they were regarded | boast of it. They say if they do not get their of money to Indians has been almost entirely then as to the colonies as independent and hos- presents they will do these things, and they abandoned; what annuities are paid are paid tile


such as the colonies were content will get their revenge. I have been acquainted in clothing, or in provisions, or in some arti- to live upon terms of peace and amity with, with several chiefs who told me how they in. cles which contribute to their support,) should and they made their treaties. I believe that if tended to manage, understanding it perfectly. be regarded as bribes. The truth is, the In- we kept our treaties now in all respects as faith- The whole system is wrong; it corrupts your dians inhabited all this vast country. I do not fully with the Indians as the Indians keep their agents; corrupts the men you send to the frontclaim that they held it by a title such as that treaties with us, we should have little com- ier; corrupts the Indians; causes a large numby which the civilized man holds his land in plaint. I believe that the difficulty has been ber of persons to be murdered every year. It fee-simple; but they existed, lived, and occu- more on our part; and that the breach of trea- is a long distance off, and you hardly realize pied the country. The Indian thinks, and the ties, the breach of faith is as much to be attached how many people are murdered on your frontworld believes, and mankind must admit, that to the Government of the United States as those | iers yearly. Probably a great many more whites the Great Father above gave him his life, his who act in its name, and indeed more than to are killed in battle and murdered on the frontexistence, upon these vast plains, and in this the Indians themselves.

iers than Indians. Undoubtedly in all your rich and beautiful country. Our people, full But, Mr. President, I have taken up more Indian wars five white men are killed to one of the Anglo-Saxon blood and the Anglo- time than I intended.

Indian. The Indians, however, are destroyed by Saxon disposition to make aggressions every- Mr. POMEROY. I rise to say but a single whisky and by feeding them for a time to excess where, powerful, increasing, spreading, ag- word. While I have not much confidence in and by the habits and diseases that they acquire grandizing, press in upon the plains and the the making of these treaties, I yet believe that from the white people. Small-pox and other disprairies and among the mountains to dig for the Indian department, so far as the transpor- eases are carried among them, and they are carthe gold and the silver of the mines of those tation of supplies is concerned, has as econom- ried off in large numbers. Virtually you kill them mountains, where the Indians and their fathers ical and as regular a system as the War De- in that way, and they murder your white people. before them perhaps for a thousand years, have partment. The Senator from Ohio intimated That is the system that is going on.

You murlived and held undisputed control. Now, if very clearly that this was inaugurating a new der them by the whisky you carry among them, we enter into all this goodly land, and by our system of transportation. It is not so at all. and they retaliate by murdering your women and going there, cut off the game upon which the The Indian department advertises every year, children. That is the system, and I do not Indian lived, surround him with the institu- as regularly as the War Department, for trans- think any system can be devised which is any tions of civilization, which are death to the porting all their goods, so much per hundred worse than this. I think the Committee on savage man, surround him so that he cannot pounds per mile; and it happens that their bids Indian Affairs should bring in a plan for a live in the way in which he was accustomed

and I do not know but that it is so change. If you turn it over to the military you to live, do we owe him nothing? Is it just in every year, were a little lower than those of the will make it somewhat better, because then you the sight of God or man for us to say that we War Department. It is as economical a sys- will have a Department more responsible than owe nothing to these people whose land we tem of transportation as any in the War De- any you can organize for this special purpose. are appropriating at our pleasure? I cannot partment or any other Department.

I think it would be still better to turn them over feel in that way. I think, therefore, that all Mr. SHERMAN. I ask if those contracts to the new States and Territories, and let them we give the Indian, if we give him ten times will cover subsistence like this.

take care of them. That would be better than as much as we do, would not pay him any Mr. POMEROY, Precisely. All their trans- the way you are doing, and more humane. The more than the debt that we really owe.

portation is included in their advertisement, present plan is the most inhuman, the most My honorable friend says we should put this and those who get the contract will have to carry | degrading, and the most lamentable in all its whole service into the hands of the War De- these goods with any others the department || consequences you can conceive of. You canpartment. I do not now discuss the question desire to send, because they have entered into not make it any worse by any change. But whether the Indian Bureau would be better contracts to do all the transportation of the now, inasmuch as there is an agreement made managed under the War Department than department at so much per hundred pounds with these Indians-and if we do not carry it under the Interior Department. That is not per mile, the same as is done in the War De.

out on our part, there will be immediate and the question that arises on this appropriation || partment, only that the price is a few cents terrible consequence visited upon the innocent bill, and I do not propose to discuss this ques- less. Then so far as relates to transportation that are upon the plains under the impression tion in advance of the action of our committee. there can be no objection to having the Indian that they are to be protected, and that there It is one of the serious questions pending be- department

do it.

would be treaties made-we are bound to vote fore our committee on which we mean to make But, sir, I confess that I have very little faith the appropriation. a report during the present session for the ac- in the system of treaty-making with these In- The joint resolution was reported to the Sen. tion of Congress. But, sir, putting the con- dians. These Indians are very badly demor. ate without amendment, ordered to be engrossed trol of the Indians into the hands of the War alized, and if you make a treaty with them it for a third reading, read the third time, and Department is by no means certain to reduce will not be really a treaty with the Indians but

passed. the actual expenditures of the Government. with a few white men who have got among I will tell you what it may do. It may reduce

CONTRACTORS FOR VESSELS AND MACHINERY. them who want some goods and who use the very much the troubles of Congress, it will

Indians for their purposes. If there had been The PRESIDENT pro tempore. The order certainly reduce the troubles of the Indian no white men mixed up among these Indians of the day will now be resumed, having been Committee; it will reduce the applications for we should not have had half the trouble we informally laid aside by common consent, being special appropriations in reference to Indian have had. Bad men have gone out and got in Senate bill No. 220, for the relief of certain tribes, because the estimates of the War De- with these tribes and demoralized them. The contractors for the construction of vessels-ofpartinent will all be made in one grand sum, only result of arrangements of this kind is that war and steam machinery, for the commissary department so many mil- they keep the peace while the goods last; the Mr. WILSON. We had up yesterday mornlions, for the quartermaster's department so Indians will behave very well as long as they || ing a motion to reconsider the vote on the many millions, for the payment of troops so are fed. I have seen many treaties made, and Colorado bill. I desire to take that up and many millions more. That will involve all I confess that I have but very little confidence have the question taken on the reconsiderayour dealings with Indians, and in those great in them. When the Indians are hungry again | tion, if possible, this morning. I should like sums you will not see them, you will not feel they will commit more depredations.

to have the other matter go over if the gentle. them, and you will think nothing about them, Mr. STEWART. I think there is no doubt men who have the care of it will agree to that. and say nothing about them. They will come that we shall have to make this appropriation, The PRESIDENT pro tempore. The speup in the regular Army appropriation bill, and inasmuch as there is an agreement to collect cial order is before the Senate. Does the it will all be done in an hour.

these Indians and feed them, and the conse. Senator make a motion to postpone it? Mr. NESMITH. I desire to suggest to the quence of a failure to do so would be terrible Mr. SUMNER. I hope not. Senator from Wisconsin that expenditures of to persons now on the plains exposed; but hav. Mr. WILSON. I give notice that I will this very kind were made for similar purposes ing lived for the last fiiteen years in an Indian call up the motion to reconsider to-morrow last year out of the Army appropriations. country, and having seen more or less of the morning.

Mr. DOOLITTLE. Yes, and Congress practical operation of the present system, and The Senate resumed, as in Committee of the never heard of it, Congress knew nothing having conversed with a large number of per

Whole, the consideration of the bill (S. No. about it, because it was in the Army appropri- sons who have seen more than I have of it, I ll 220) for the relief of certain contractors for


the coustruction of vessels-of-war and steam that there might be a change, that as far as the greater than to some other contractors, for the reasons, machinery, the pending question being on the law is concerned, as between the Government first, that they were not regularly engage in marino amendment of Mr. Nye to the amendment of and the contractor, there would be no obliga

engine building, and had to expend sums in rental of

wharf property, erection of shears for hoisting, &c.; Mr. GRIVES, to strike out 'twelve" and to tion to pay anything except for the extra work. and secondly, that the hull of the vessel, which was insert - fifteen': before "per cent.”'

But we all know, and if we did not know it

built at one of the Government navy-yards, was not

delivered to Poolo & llunt for months after the apMr. JOHNSON. Mr. President, before the the facts stated in the report bring it before us pointctime, during which time materials and labor vote is taken upon either of the amendments, very satisfactorily, that there must have been had advanced in price far beyond ail anticipations. or the bill itself, the Senate will indulge me in some of these cases a loss where there was

5. Poole & Hunt during a period of great public with a word or two upon the merits of the

necessity, devoted their workshops to the construcno failure at all on the part of the contractor. tion of this machinery, to the exclusion of other proposition contained in the report. The Sen- The work which these contractors undertook orders from private parties, upon which a fair busiator from New Hampshire (Mr. CLARK) must to perform was a novel one. As the honora- ness profit could havo been made, and in estimating

the cost make no charge for their own services, but have satisfied the Senate yesterday that some ble chairman of the Committee on Naval Af

include only the items of expense directly inal justly of the claimsshould not be allowed unless some fairs told us the other day, no such.vessels as chargeable to this work, and which determine the explanation can be given in relation to the those that we desired to obtain had ever been

actual and positive loss.

6. Poole & Hunt do not ask to be paid a profit upon particular claiing to which he called attention built before, or if ever built before they had the cost of the machinery, but having faithfully surthat is not to be found in this report. It is not never been built in the United States, and plied said machinery, at the positive loss as set forth necessary that I should call the attention of our mechanics were therefore in a great meas

in the report of the naval commission, and having the Senate to the two cases to which he ad

had from the Navy Department no other orders upon ure inexperienced in what would be the cost

which a profit could be made to offset the loss mado verted, because he did it so clearly yesterday of vessels of this description, and the Gov- upon the contract in question, only claim to have that it must be fresh in the minds of the Sena- ernment were equally experienced. It was

said actual loss reimbursed to them. tors who were at that time present. The hon- impossible, therefore, that they should be able

The actual loss as made to appear to the satorable member from Massachusetts [Mr. Sum- to make any exact, accurate estimate, as they isfaction of the board I think was between VER] seemed to suppose-and that was the are able to do in relation to work the nature forty-two and forty-three thousand dollars. case with one or two other Senators-that what of which is fully comprehended. They went

As I have said, Mr. President, there is no the Senate has already done and what has been on therefore from time to time to change very | legal claim perhaps to make this demand; but done under the authority of the Senate's reso- materially the model not only of the hulls of it seems to me very clear that in relation to lution exclude us from the right to inquire into these vessels, but of the engines, until they suc

contractors having a claim under the facts the justice of these claims, that we are bound ceeded in obtaining, as I believe they have, stated by these particular claimants, it is but to allow everything that was allowed by the vessels equal if not superior to any to be found right that they should at least receive some commissioners appointed under the authority elsewhere, and they rendered us very material indemnity; and under all the circumstances of the resolution of the Senate. If I took the service during the late civil war. That service | perhaps it would be a fair settlement of the same view of that resolution as was taken by was not only the service of putting it in our whole concern to give them a certain percentthe Senator from Massachusetts, I should cer- power to terminate the war perhaps sooner

age above the amount of the contract price... tainly vote accordingly; but I do not so under- than otherwise it could have been terminated, I should prefer the percentage of fifteen stand the Senate resolution of March, 1865. but it was in placing us before the world as a cent., but if the Senate are unwilling to give The resolution is:

maritime Power of the very first rank, and that the fifteen per cent., of course I would vote foi "Resolved, That the Secretary of the Navy be re- fact alone gives a pledge I think of safety so

the proposed percentage of twelve per cent. quested to organize a board, of not less than three competent persons, whose duty it shall be to inquire

far as foreign wars are concerned. Nothing || I could not vote for the whole amount prointo and determine how much the vessels-of-war and but absolute necessity, a necessity growing out | posed to be given by the committee of this steam machinery contracted for by the Department of some imputation on the honor of other Gov. body, not only because it is perfectly evident in the years 1862 and 1803 cost the contractors over and above the contract price and allowance for extra ernments, or some gross violation on our part

that in some cases there is no claim for any work, and report the same to the Senate at its next of what is due to the other nations of the world, amount, but secondly, because in a case of this session. None but those that have given satisfac- would induce them to engage in a war with the description it is fair that where there is a mution to the Department to be considered." United States; and as I do not apprehend that

tual mistake there should be a compromise ; The whole authority communicated to the any such wrong will be done on the part of

and a compromise, as I think, can be made so board by the resolution was to ascertain, first, this Government, I feel sure that none of the as to do something like justice to both parties what the contract price was, and second, to nations of the world will ever engage in war

by giving twelve or fifteen per cent. ascertain what in point of fact was the whole with the United States if they can honorably | majority of this body believe that some relief

Mr. HENDRICKS. I think that a decided expenditure under the contract made by the

avoid it; and that security has been accomcontractors; but why the expense exceeding | plished in a great measure by the success of

ought to be given to these parties; but exactly the original contract price was a matter not these vessels.

upon what terms and in what way the friends submitted to them. The Senate wished to know whether the expenditure exceeded the

I hold in my hand, Mr. President, a state

of the relief are not fully agreed. I think that ment of the reasons which in a particular case

an understanding can be arrived at which will contract price as a fact, reserving to themselves the right to decide, if it should be ascerled to an expenditure much exceeding the

be satisfactory to all the Senators who believe tained that the amount did exceed the contract amount of the contract price; it is upon the

that something ought to be given. With a

view to that I move that the bill be continpart of the contractors in the city of Baltimore price, whether the difference should be made up by the Government, or how much of the machinery, as I understand, that has turned out who built the machinery for the Mackinaw,

ued as a special order until to-morrow at one

o'clock. difference should be made up by the Govern.

The motion was agreed to. ment; and either of these questions would

to be as perfect, and a great many think more necessarily involve a further inquiry not subperfect, than any machinery that has been built

THANKS TO GENERAL HANCOCK. elsewhere for any of these vessels. They were mitted to the board by the resolution, what

Mr. WILSON. I more now to take up the were the reasons which induced an expendengaged in very profitable business at the time

joint resolution, reported by the Committee on they entered into this contract; they were soliiture exceeding the contract price. The rea

Military Affairs and the Militia, of thanks to cited to enter into the contract by the Navy sons suggested in the two cases referred to by

General Hancock. my friend from New Hampshire yesterday, in Department; the works of the Navy could not

The motion was agreed to; and the Senate, the first place, were not submitted to the board supply the immediate demands of the service,

as in Committee of the Whole, proceeded to and all the other works, private as well as public, | consider the joint resolution (H. R. No. 98) to inquire into ; and in the next place, if they had been submitted to the board, they would were oppressed by the urgency of the demand,

expressive of the thanks of Congress to Major clearly have committed an error in supposing this machinery. Their statement is this—and

and these gentlemen were applied to to build General Winfield S. Hancock. The resolution that they constituted any ground at all binding the Senate I am sure will credit their statement,

is in the following words: the Government to pay the difference between

Resolved, &c., That, in addition to the thanks herebecause two more honorable men are not to be the contract price and the actual expenditure.

tofore voted by joint resolution, approved January found anywhere. The parties to whom I allude 28, 1864, to Major General George G. Meade, Major I feel, therefore, under no obligation to allow what was allowed by the board; and the ques. are Poole & Hunt, who built the machinery

General Oliver 0. Howard, and to the oficers and

soldiers of the army of the Potomac, for the skill and for the United States double-ender Mackinaw. tion before the Senate is one to be decided

heroic valor which at Gettysburg repulsed, defeated, under all the circunstances of the case. They say:

and drove back broken and dispirited the veteran Is it

army of the rebellion, the gratitude of the American right that these contractors should be allowed

1. Poole & Hunt accepted this contract at the soli- people and thotbanks of their representatives in Con

citation of the Navy Department, at a time when tho more than the contracts with the Government

gress are likewise duc, and are hereby tendcreil, to navy-yards and private marine engine building estab- Major General Winfield S. Hancock, for his gallant, entitled them to demand? That they have no lishments of the country were found to be inadequate meritorious, and conspicuous share in that great and legal right, I suppose will be admitted, because, to meet tho exigencies of the public service.

decisivo victory.

2. No specifications or drawings had been prepared although as between the contractor and the

by the Navy Department, for want of time. The price The joint resolution was reported to the Government any alteration in the vessels not to be paid for the machinery, namely, &$2,000, was Senate without amendment, ordered to a third stipulated for in the contract would bind the

fixed by the Department, and Poole & Hunt assured Government to pay the additional expense conby said Department that the price thus fixed would

reading, read the third time, and passed. be ample, and the case of the Paul Jones, then but

Mr. JOHNSON subsequently said: I thought sequent upon the alteration, and perhaps would recently completed, was cited as proof.

that the resolution which the Senate has just bind them to indemnify the contractor for any

3. The specifications subscquently furnished to Poole & Hunt by the Navy Department required in

passed, of thanks to General Hancock, stated expense consequent upon the delay in the comtheir fulfillment much heavier and consequently

on its face that it was unanimously resolved. pletion of the work because of the change of more expensive machinery than Poole & lunt had It does not, and it will not appear that it was the model of the vessel or the engine, it is per

supposed from the representations of the Depart-
ment that they would be required to furnish.

passed unanimously unless we amend it. fectly certain, as all these contracts provided 4. The cost of the machinery to Poolo & Hunt was

Mr. WILSON. By common consent it can

be amended by inserting the word “unani- Mr. GRIMES. Why do you not make a minutes to dispose of it, and as I have the floor mously. I do not know of any opposition report, so that we may have it upon record ? I insist on my motion. to it.

Mr. JOHNSON. Is there no report from


It will probably preMr.JOHNSON. I move to insert the word the House?

vent our considering the other bill to-day. "unanimously."

Mr. WILSON. No, sir; but I have stated The motion of Mr. SHERMAN was agreed to; Mr. WILSON. That will render it neces- the facts. It appears that this gentleman was and the Senate, as in Committee of the Whole, sary to send the resolution back to the House. appointed by the Governor of New York chap. || proceeded to consider the bill (H. R. No. 280)

Mr. CONNESS. That will not delay it. lain of the one hundred and twenty-eighth regi. making appropriations for the service of the

The PRESIDING OFFICER, (Mr. Doolit- ment of New York volunteers, went into the Post Ofice Department during the fiscal year TLE in the chair.) The Chair is informed that || field, and served for nearly four months; but ending the 30th of June, 1867, and for other it is not usual to insert the word “unani- when the time came for him to receive his pay, purposes. mously?! in a joint resolution.

notice was given by the War Department that The Committee on Finance reported the bill Mr. JOHNSON. It can appear on our by the strict letter of the law he was not enti- with amendinents. The first amendment was Journal that it passed unanimously.

tled to pay because he had not been recom- in section two, line five, after the word “apThe PRESIDING OFFICER. It will ap. mended, before the appointment had been propriated," to strike out the words “ to take pear on the Journal that it was passed unani- made, by the officers of the regiment, although effect so soon as Brazil shall have performed mously by the Senate.

those officers and everybody concerned, as I the condition on her part provided in the law Mr. JOHNSON, Very well.

understand, were satisfied with his appoint authorizing said service, and at the end of


General Ketcham, of New York, who line nine to add the following proviso:

knows the man, the regiment, and the case, Provided, That this appropriation shall take effect Mr. WILSON. There are two or three other says it is a most meritorious case.

only when Brazil shall have performed the condition small matters reported from the Committee on Mr. GRIMES. I have no objection to the

on her part provided in the law authorizing said

service. Military Affairs that I desire to dispose of. I passage of the bill that I know of, but I must

So that the section will read : move to take up the joint resolution (H. R. No. protest against this rule of calling upon the 108) appointing managers for the National Senate to pass upon bills of this kind without

SEC. 2. And be it further enacted, that the following

sums, or so much thereof as may be necessary, be, and Asylum for Disabled Volunteer Soldiers. any written report. Up to the last four years, the same are hereby, appropriated for the year end

The motion was agreed to; and the Senate, such a thing as asking the Senate to pass a bill ing June 30, 1867, out of any money in the Treasury as in Committee of the Whole, proceeded to under such circumstances as these was never

not otherwise appropriated :

For the mail steamship service between the United consider the joint resolution, which proposes heard of. I trust, if the Committee on Military States and Brazil, $150,000: Provided, That this apto appoint the following persons managers of Affairs are going to take jurisdiction of private propriation shall tako etfect only when Brazil shall

have performed the condition on her part provided the National Asylum for Disabled Volunteer claims of this description, that they will at least

in the law authorizing said service. Soldiers, under the provisions and conditions furnish us a record of them so that we may

The amendment was agreed to. of the third section of the act approved March know from session to session upon what prin23, 1866: Richard J. Oglesby of Illinois, Ben- || ciple we are acting.

The next amendment was to add as an addijamin F. Butler of Massachusetts, and Fred- Mr.WILSON. If any member of the Senate tional section the following: erick Smyth of New Hampshire, of the first desires to have the matter go over, I have no

SEC. 4. And be it further enacted, That the Post

master General be, and is hereby, required to report class, to serve six years; Lewis B. Gunckel of objection. The bill came to us from the House

to tho Secretary of the Treasury annually, prior to Ohio, Jay Cooke of Pennsylvania, and P. of Representatives without a report, but I am the 1st day of November of each year, his estimate Joseph Osterhaus of Missouri, of the second willing to recommit it to the committee in order. of the money required for tho service of the Post class, to serve four years; John H. Martindale

Office Department for the ensuing fiscal year; which to have a written report made on the subject.

estimato shall be reported to Congress with the of New York, Horatio G. Stebbins of Califor- I have stated the facts of the case.

printed estimates of appropriations required by the nia, and George H. Walkes of Wisconsin, of Mr. SHERMAN. I will move to postpone

joint resolution of the 7th of January, 1816. the third class, to serve two years.

the pending and all prior orders with a view to The amendment was agreed to. The joint resolution was reported to the Sen- take up the Post Office appropriation bill. Mr. SHERMAN. I am directed by the ate without amendment, ordered to a third Mr.WILSON. Will the Senator allow me to Committee on Finance to offer another amend. reading, read the third time, and passed. recommit this bill for the purpose of having | ment; to add as an additional section the folMr. WILSON. I now move to take up the a written report made?

lowing: Senate joint resolution (S. R. No. 57) appoint- Mr. SHERMAN. Certainly.

SEC. 5. And be it further enacted, That the balance ing a board of managers for the National Mili- Mr. WILSON. I move to recommit the bill of the appropriation of $100,000 under the thirteenth tary Asylum, which has been reported upon for that purpose.

section of the act “to establish a postal money-order adversely by the Committee on Military Affairs, The motion was agreed to.

system,” approved May 17, 1861, which may remain

unexpended at the conclusion of the current fiscal with a view to move its indefinite postponement


year, may be used, as far as necessary, to supply clein order to get it off the Calendar.

ficiencies in the proceeds of the moncy-order system The motion to take up the joint resolution

Mr. SHERMAN. I now move to postpone during the fiscal year commencing July 1, 1806. was agreed to.

all prior orders and take up House bill No. The amendment was agreed to. Mr. WILSON. I move that it be indefinitely | 280, the Post Onice appropriation bill.

The bill was reported to the Senate as postponed.

Mr. TRUMBULL. I hope that will not be

amended, and the amendments were conThe motion was agreed to.

done. There is a bill that has been partly I curred in.

considered, of a very important character, that Mr. HENDERSON. I offer as an amend. REV. HARRISON HEERMANCE.

ought to be passed. Iget letters about it every ment, to insert as an additional section the Mr. WILSON. I now move to take up day.

following: Hlouse joint resolution No. 107.

Mr. SHERMAN. I can assure the Senator And be it further enacted, That in all cases in which The motion was agreed to; and the Senate, that this bill will take but a short time.

persons have been appointed as assistant postmasas in Committee of the Whole, proceeded to Mr. TRUMBULL. The bill to which I refer

ters, either during the session or the recess of the

Senate, and whose appointments have been submitted consider the joint resolution (H. R. No. 107) is the one in relation to the habeas corpus. It to the Senate and rejected or not consented to before for the relief of Rev. Harrison Heermance, is a bill to protect Union men in the South, the adjournment of the Senate, no money shall be late chaplain of the one hundred and twenty- and I think it ought to be acted upon. Iim

drawn from the Treasury to pay the salary of such

person, under such appointment, or under any preeighth regiment New York volunteers. It re- agine every member of the Senate would be

vious appointment as such postmaster, after said quires the Paymaster General of the Army to willing to vote for it in some form.

adjournment. adjust and pay the account of Rev. Harrison Mr. SHERMAN. I will state that I have Mr. JOHNSON. Two or three of the AtHeermance, late chaplain of the one hundred been requested to call up this bill.

torneys General-I forget who they were--and and twenty-eighth regiment of New York vol- Mr. TRUMBULL. I do not suppose it is the President has acted upon it from time to unteers, for such period as it shall appear that of any importance to pass this appropriation time, have held that an appointment made he actually rendered service as chaplain of the bill now.

during the recess continues up to the close of regiment, and for which he received no pay

Mr. SHERMAN. We desire to hurry on the next succeeding session, whether the nom. by reason of defective muster, or otherwise, their engrossment. We wish to put the appro- ination has been submitted to the Senate and through no fanlt of his own. priation bills forward.

rejected or not. This is the received opinion Mr. GRIMES. Let us have the report read. Mr. TRUMBULL. It is a bill to make now of the Government, and has been acted

Mr. WILSON. This resolution came from appropriations for the next fiscal year. upon from the days of General Washington, the House of Representatives. There is no Mr. SHERMAN. The chairman of the Com- I believe, but certainly from the days of Mr. report accompanying it, but the facts are these: mittee on Finance requested me to call it up. John Quincy Adams; but this amendment, if this gentleman was appointed chaplain of a It will occupy but a few moments.

I appre

I understand it, holds a doctrine directly the regiment, and went out and served with it three hend it will only take the time occupied in reverse of that. or four months, and has never received any reading the bill. It is very short.

Mr. HENDERSON. No, sir. The salary compensation for his services. It is stated by Mr. TRUMBULL. If the Senator persists may be paid until the adjournment. those who are conversant with the case, among in his motion I will not antagonize with him, Nr. JOHNSON. I ask for the reading of others a member of the House of Represent

but this other bill has been up, and I suppose the amendment again. Perhaps I did not atives who served in the Army, that this gen: it is of no sort of importance whether the Post understand it. tleman was a most excellent man, performed Office appropriation bill passes now or a month The Secretary read the amendment. good service, and everything in the case is hence; it will certainly pass at some time. Mr. HENDERSON. The Senator will supposed to be correct.

Mr. SHERMAN. It will take but a few observe that the last words of the amendment

are “after said adjournment;' that is, after the l'ing to have an office when there is no such ciary to add at the end of the first section the adjournment of the Senate. The Senator will office. The Constitution of the United States following: see that it does not interfere with the payment authorizes the President of the United States But no such order shall be a defense to any guit or up to the date of adjournment. I drew it in to appoint all officers created by that instru- action for any net done or omitted to be done after reference to that. I drew it in a great hurry. ment or which shall be established by law; but

the passage of this act, My intention was to permit the salary to be paid he cannot appoint to an oflice that is not estab- Mr. EDMUNDS. I propose to amend the until the last day of the session, but, beyond lished by law. Another clause of the Consti- amendment reported by the committee by that it is not to be paid. The amendment does tution directs that oflicers shall be appointed inserting in line eighteen, after the word not conflict with the opinions to which the Sen- by and with the advice and consent of the Sen- “shall,' the words by force of this act or ator refers.

ate; and still another clause that the Presi- the act to which this is an amendment;'' so Mr. VESMITH. I will inquire of the Sen- dent may make temporary appointments to

that it will read: ator from Missouri, if it is contemplated by this offices in cases of vacancies which occur dur

But no such order shall, by force of this act, or the amendment to prevent the payment of salary ing the recess of the Senate, and the appointee act to which this is an amendinent, be a defense to to a person if he should be reappointed after shall hold his office until the close of the next

any suit or action for any act done or omitted to be

done after the passage of this act. the Senate adjourns.

session of the Senate. That is a valid appointMr. HENDERSON. Certainly not. We ment, and such an officer is authorized to be

Mr. CLARK. I think there is no objection have no control over that. paid. But if the vacancy exist while the Sen

to that amendment; I believe, on the whole, Mr. TRUMBULL. I hope the amendment ate is in session, it is the duty of the Execu

that it is proper. will cover the case suggested by the Senator tive to fill it, and he has no authority to fill it

The amendment to the amendment was from Oregon, else it will be a useless provision. afterward. The Constitution of

he United agreed to. If the President the moment the Senate adjourn States vests him with no such power. It is

The amendment, as amended, was adopted. can reappoint whom he pleases when the va- only when a vacancy happens during the recess

Mr. EDMUNDS. I now move, in section cancy has previously existed, and pay him, the that he can fill it without the advice and con- one, lines three and four, to strike out the conlirmation of the Senate amounts to nothing, sent of the Senate. If, then, a vacancy exists words “or other trespasses or wrongs done and the Senator's amendment amounts to noth- now or before the Senate adjourns, while it is or committed." ing. I think it ought to embrace those cases. in session, there is but one way under the Con- The object of this amendment is, not to

While I am up, I wish to suggest to the Sen- stitution of the United States to fill that office, diminish the scope of subjects upon which this ator from Missouri another amendment which and that is, by and with the advice and consent section operates, but to take out from the secI think is necessary. Some years ago, I think of the Senate ; and if the President omits to tion what is a manifest admission that certain in 1863, a provision was inserted in an appro- make a nomination, or makes a nomination trespasses and wrongs have been done and compriation bill to prevent the payment of salaries which is rejected by the Senate, the office must mitted which Congress is asked to justify by a to persons who were appointed as officers in go vacant until the Senate shall meet and con- mere enactment or edict. For one, I do not cases where no such office existed, and also to firm the appointment.

admit that the searches, seizures, arrests, and prevent the payment to persons who were ap- Mr. GRIMES. I suggest to the Senator that imprisonments which we design to reach are pointed to fill vacancies, which vacancies had we let this bill go over and have the amend- either trespasses or wrongs; and it will be existed while the Senate was in session and ment printed, in order to take up the habeas | anomalous, it appears to me, in legislation to were not filled until after its close. That procorpus bill.

declare in a law which we pass, that we do jusvision, I think, read something like the one Mr. TRUMBULL. This is, perhaps, a mat- tify, even if we have the power, anything which which the Senator from Missouri has now intro- ter of some importance, and I think, as my is a trespass or a wrong, an act for which a citduced. It prohibited the drawing of any money friend from Iowa suggests, that we had better | izen is entitled, by all the principles of law, to from the Treasury, as I recollect it, to pay those let it go over and let the amendment be printed, redress. Therefore, my design is that these officers. But the point to which I desire thic so that we may consider it carefully. I think obnoxious words, to me, may be stricken out, attention of the Senator from Missouri is this: this amendment ought to be so worded that so that the section will read : " that any search, notwithstanding that provision of the law, the under no circumstances could the money of the seizure, arrest, or imprisonment made, or any Government found no difficulty in paying the people be taken to pay persons who are hold- acts done or omitted,' &c., without giving persons whom it undertook to make oilicers ing positions not provided for by law, or are character to the act. Let the law decide that. without authority of law, out of the depart- holding them contrary to the Constitution and Mr. HOWARD. I see the object of the Sunmental contingent funds. The money was not the law. I move that this bill be postponed until ator from Vermont, but it occurs to me that we drawn for that purpose ; it was drawn as "a tomorrow, and that the amendment offered by should retain the words“trespasses or wrongs. contingency, to pay the contingent expenses the Senator from Missouri be printed, in order | The language of the section applies it only to of the Department, and was then taken to pay that we may see exactly what it is.

cases of search, seizure, arrest, or imprisontb se persons, who were not ollicers at all; for Mr. HENDERSON. I have no objection ment; that is to say, that will be the applicathe President of the United States has no more to that course being taken, and I will add a tion if the amendment is carried. It seems to anthority to make an officer, when the office is slight amendment to the amendment as it now me I would not narrow it down to that particnot established by the Constitution or by law, stands.

ular description of acts. There may be some than he has to make a king. I will call atten- The PRESIDING OFFICER. It is moved acts performed which are neither searches, seiztion to that provision of the statute.

that the pending bill be postponed until to-mor- ures, arrests, nor imprisonments, which ought Mr. HENDERSON. Do you allude to the row, and that the amendment of the Senator to come within the purview of the act. I therestitute of 1863 ? from Missouri be printed.

fore venture to suggest to the honorable Senator Mr. TRUMBULL. Yes, sir.

The motion was agreed to.

that he modify his amendment so as to insert Mr. HENDERSON. It is on page 616 of

the word "alleged" before “trespasses ;'' so

MESSAGE FROM THE IIOTSE. the twelfth volume of the Statutes-at-Large. It

that the section would read, " or other alleged was attached to the Army appropriation bill.

A message from the House of Representa| trespasses or wrongs done or committed.” Mr. TRUMBULL. This is the provision: tives, by Mr. McPherson, its Clerk, announced

Will not that meet the idea which the Senator “That no money shall be paid from the Treasury

that the House of Representatives had passed | entertains? of the United States to any person acting or assuming the bill (S. No. 248) for the relief of James G.

Mr. EDMUNDS. It appears to me that the to act as an officer, civil, military, or naval, as salary Clarke. in any ofice, which office is not authorized by some

terms following the words “imprisonment previously existing law, unless wherosuch officeshill


made," which are, or any acts done or omitbe subsequently sanctioned by law; nor shall any money bo paid out of the Treasury as salary to any

The message_further announced that the ted to be done during the said rebellion.”' &c., person appointed during the recess of the Senate to Speaker of the House of Representatives had are as broad as language can possibly be made. fill a vacancy in any cxisting oflice, which vacancy existed while the Senate was in session and is by law

signed the following enrolled bill and joint They are words of the most general character; required to be filled by and with the advice and con- resolution; which were thereupon signed by and therefore my friend from Michigan is missent of the Senate, until such appointee shall have the President pro tempore of the Senate: taken when he supposes that this section will been confirmed by the Senate.'

A bill (S. No. 248) for the relief of James be confined to searches, seizures, arrests, and Notwithstanding that statute, persons were G. Clarke; and

imprisonments, merely; because then, with paid out of the contingent fund, as we have A joint resolution (H. R. No. 102) for the the amendment, the bill 'proceeds to declare learned in response to our resolutions of in- relief of Alexander Thompson, late United in the broadest possible terms, “any acts done quiry, introduced at the present session, I think, States consul at Maranham.

or omitted to be done during the said rebellion." by the Senator from Massachusetts, [Mr. Sumo

If we desire by language which is perfectly

PROTECTION OF UNITED STATES OFFICERS. NER.] The different Departments admit that

supreme in its scope to cover every species of they have been paying oflicers

Mr. CLARK. I move that the Senate now act which may be done, I am sure no more Mr. SUMNER. In violation of law ? proceed to the consideration of House bill No. chosen or fit language could possibly be Mr. TRUMBULL. They have done it, I 238, in relation to the habeas corpus.

adopted; and therefore it appears to me for think, ont of the contingent fund. I believe The motion was agreed to; and the Senate, the sake of good taste, as well as for the sake their responses show that. I think it is a vir. as in Committee of the Whole, resumed the of consistency, we ought not to begin an enacttual violation of the law; it is a violation of consideration of the bill (H. R. No. 238) to ment in this Congress by declaring that we the spirit of the act. But I would take away amend an act entitled "An act relating to justify by a mere edict anybody's trespasses the subterfuge; I would provide in this section habeas corpus, and regulating judicial proceed- or anybody's wrongs. that no money shall be drawn from the Treas- ings in certain cases,” approved March 3,

Mr. CLARK. I think this is mainly a ques. ury for that purpose, and no money shall be | 1863, the pending question being on the amend

tion about the construction of the bill, or rather paid out of any fund whatever to persons claim- ment reported by the Committee on the Judi- a question of verbiage more than anything else,

3914 Cong. Ist Sess.- No. 127.

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