Obrazy na stronie

be wrong:

man goes to a merchant and buys material for suspend the rules that such an order may be who have served through the war, “You have a dress, under the construction by the Internal made.

helped us fight our battles; we will retain you Revenue Bureau of the law as it now exists, if The SPEAKER. Is there any objection to beyond the time the law now provides, but you he carries it to a dress-maker and has it made the understanding that the evening sessions must not think that you are to be retained for up, the dress-maker has not only to pay a tax shall be devoted exclusively to the consideration any considerable length of time, or longer than on the work but upon the estimated value of of the tax bill?

one, two, three, four, or five years, until there the goods. This is to remedy that difficulty. There was no objection.

shall have entered a sufficient number on the Mr. DAVIS. Suppose the dress-maker is


royal road to take your places, for then you herself the vender of the goods?

shall be turned adrift. It will be too much for Mr. MORRILL. The tax is applied to the

Mr. RICE, of Massachusetts. I move that

you to expect that you should be retained in whole value of the goods, which we thought to the House proceed to the consideration of

the service any longer than till such time as we business on the Speaker's table.

can raise a number of midshipmen at AnnapMr. DAVIS. I withdraw the amendment.

The motion was agreed to.

olis to take your places." That is really tho Mr. HALE. I move to amend by striking The first business on the Speaker's table was proposition as I understand it. out the last word for the purpose of inquiring Senate amendments to joint resolution (H. R. Now, sir, I think, at the close of the war, we of the gentleman from Vermont (Mr. MORRILL] No. 130) to carry into immediate effect the act ought to have a sufficient number of officers, what is the correct understanding of this para- to provide for the better organization of the either in the Army or Navy, who are qualified graph. As I read it now, it provides that if a pay department of the Navy.

to fill the vacancies existing. But as to this tailor or maker of gloves, &c., manufactures The amendments of the Senate were read, as mockery of taking a number of these officers work to order, and not for general sale, to the || follows:

with the understanding that they are to go with amount of $1,000 for the labor, exclusive of the First amendment:

the Navy after having gone through the war, material, he pays no tax. But if he manufactures Add the following as a new section:

but are to be turned out whenever a new group any amount in excess of $1,000, exclusive of SEC. 2. And be it further enacted, That the Secretary

can be raised at Annapolis, I protest against it. of the Navy be, and he is hereby, authorized to retain the material, he is then taxed, not only on the or to appoint under existing laws and regulations

Mr. RICE, of Massachusetts. I entirely amount of his labor, the $1,000 as well as the such volunteer officers in the Navy as the exigencies agree with the gentleman. I have myself surplus, but also on the material which he has of the service may require until their places can be

reported a bill from the Naval Committee supplied by graduates from the Naval Academy. made up. I can read the paragraph in no

authorizing the transfer of one hundred and other way. I will ask the chairman of the

The amendment was concurred in.

fifty volunteer officers from the volunteer to Committee of Ways and Means if that is the

Second amendment:

the regular service in order to make up with correct construction of this paragraph, and if

Add the following as a new section:
Sec. 3. And be it further enacted, That naval con-

the graduates of the Naval Academy the numit is, is it just? structers shall hereafter bo held to be staff officers in

ber of officers of the Navy which the law now Mr. ALLISON. I will say in reply to the the Navy and entitled to all the rights and privi- | requires. The fact is, that the present exigentleman from New York (Mr. HALE] that leges and subject to all the liabilities and duties of

gencies of the service require fora time a larger such. my colleague [Mr. WILSON] proposed an

number of officers than the law allows, and the amendment to a former part of this bill, re

The amendment was concurred in.

object of this amendment is, that so long as lating to section ninety-three of the present

Mr. SCHENCK. I move to reconsider the

the exigencies of the services require more revenue law, which was adopted, by which all vote by which the first amendment of the Sen- officers than the law allows to the regular sermanufacturers are exempt from taxation to the ate to this bill was concurred in. I desire some vice the Secretary of the Navy may be author: amount of $1,000, and are taxed only upon the explanation of that amendment, for it seems ized to continue the appointments of these excess above $1,000 and to $3,000, and above to me a most singular provision. It proposes officers. I certainly have no objection, if the $3,000 they are taxed on the whole amount; that certain volunteer officers may be retained House sees fit to increase the number of officers so that if a manufacturer manufactures only or appointed to hold their positions until others in the regular Navy, to its being done. But $3,000 worth, he is taxed only upon the excess shall be educated at the Naval Academy, who that is a subject that cannot be attended to in over $1,000. And I see no reason why that are then to step in and take their places. the short time that we have to consider it at this provision does not apply to this paragraph as

Mr. RICE, of Massachusetts. The gentle- || time, and if it will meet the wishes of the gen. well as to all other paragraphs relating to man- man from Ohio will not, I think, object to the tleman from Ohio I will move to refer the bill ufactures. And I see no reason why large man- amendment when he understands it.

to the Committee on Naval Affairs. ufacturers who manufacture over $3,000, per- Mr. SCHENCK. I shall be glad to hear it Mr. SCHENCK. I should very much prefer haps $100,000 or $1,000,000, should not pay explained.

that. The gentleman sees the very difficulty, the tax upon the first $1,000 as well as upon Mr. RICE, of Massachusetts. I will explain | and therefore has a bill prepared to authorize the rest. it. The fact is that the number of officers in

the taking of a number of these volunteer Mr. MORRILL. I think there may be some the regular Navy is insufficient at present for officers to fill these places. But in the mean difficulty in the law as it stands; but if the the demands of the service. This amendment

time this bill also may have passed, which will amendment of the gentleman from Iowa shall proposes simply that the Secretary of the Navy | defeat the gentleman's object if this amendbe adopted I will ask the committee or the shall have authority to continue such volunteer ment is concurred in. House to go back to this section to make it officers in the naval service as the emergencies Mr. BRANDEGEE. I move to refer the conform to that amendment.

of the service may require until regular officers bill to the Committee on Naval Affairs. Mr. HALE. With that understanding, I can be instructed by graduation from the Naval

The SPEAKER. The pending motion is withdraw my amendment.

Academy. If all the volunteer officers were to reconsider the vote by which the amendMr. STEVENS. I am not satisfied with this discharged to-day it would be impossible to ment of the Senate was concurred in, but if paragraph as it stands. I move to amend by carry on the naval service, there not being there is no objection it will be considered as inserting after the word "tax," in line twenty- | regular officers enough for that purpose. This reconsidered and referred to the Committee one hundred and thirty, the words " and then provision is simply for the purpose of continu- on Naval Affairs. only on the excess over $1,000."

ing temporarily these volunteer appointments. The amendment was not agreed to. Mr. SCHENCK. Then, if I understand the

INTRODUCTION OF CHOLERA. The Clerk began to read the next paragraph, || provision, it is this: that these volunteer offi

The next business on the Speaker's table beginning with line twenty-one hundred and cers-acting officers as they are called in the

was the consideration of the amendment of the thirty-three, when

Navy--may, if they will accept such a tenure Senate to joint resolution of the House No. Mr. MORRILL moved that the committee of office, be continued indefinitely by the Sec

116, to prevent the introduction of cholera into rise. retary of the Navy, to be turned adrift so soon

the United States; which was referred to the The motion was agreed to. as he shall have educated at the Naval Acad

Committee on Commerce. So the committee rose; and the Speaker | emy others to take their places.

PENSIONS. having resumed the chair, Mr. Dawes reported

Mr. RICE, of Massachusetts. That has that the Committee of the Whole on the state always been the tenure office of these men. The Senate amendments to the following of the Union had had under consideration the

Mr. SCHENCK. No, sir; not during the bills were next taken from the Speaker's Union generally, and particularly the special

table, and referred to the Committee on Inorder, being bill of the House No. 513, to Mr. RICE, of Massachusetts. The gentle- valid Pensions : amend an act entitled "An act to provide

man from Ohio will recollect that a bill has An act (H. R. No. 216) for the relief of internal revenue to support the Government, || already passed the House authorizing the Cordelia Murray ; to pay interest on the public debt, and for transfer of a certain number of volunteer offi- An act (H. R. No. 459) granting a pension other purposes," approved June 30, 1864, and

cers to the regular Navy. Those are to be to Anna E. Ward ; acts amendatory thereof, and had come to no

transferred absolutely. It is not, however, An act (H. R. No. 462) granting a pension resolution thereon.

considered desirable that every place in the to Mrs. Sally Andrews;
Navy shall now be filled by the transfer of An act (H. R. No. 493) granting a pension

volunteer officers; but by the provision of the to Mrs. Joanna Winans ; Mr. MORRILL. I suppose that it is the | amendment a further portion of the volunteer An act (H. R. No. 345) for the relief of understanding of the House that the evening | officers may be employed in the Navy so long, Christina Elder; sessions to be held to-morrow evening and on and only so long, as the exigencies of the ser- An act (H. R. No. 383) supplementary to subsequent evenings shall be devoted exclu- vice require.

the several acts relating to pensions; and sively to the consideration of the tax bill. If Mr. SCHENCK. I understand it is pro- An act (H. R. No. 371) granting i pension that is not the understanding, I shall move to li posed by this amendment to say to the men to Leonard Sinclair.





The SPEAKER. The Chair thinks there referred a bill (S. No. 207) to provide for the The bill of the House (H. R. No. 568) to is not a quorum present.

equalization of the bounties to soldiers in the repeal section twenty-three of chapter seventy

Mr. ROSS. I move that the House do now late war of rebellion, reported it with an nine of the acts of the third session of the adjourn.

amendment, and submitted a report in writing; Thirty-Seventh Congress, returned from the

Mr. RICE, of Massachusetts. I hope not. which was ordered to be printed. Senate with an amendment, was next taken

The SPEAKER. This bill will come up as Mr. CHANDLER, from the Committee on from the Speaker's table, and the amendinent

unfinished business to-morrow morning imme- Commerce, to whom the subject was referred, of the Senate was read, as follows:

diately after the reading of the Journal. reported a bill (S. No. 334) to prevent the At the end of the bill add the following:

Mr. THAYER. I appeal to the gentleman wearing of sheath-knives by American seamen ; And hereafter passports shall be issued only to from Illinois [Mr. Ross] to withdraw his which was read and passed to a second reading. citizens of the United States. motion to adjourn for a moment.

Mr. RANDALL, of Pennsylvania. Let me
Mr. ROSS. I will do so.

Mr. CHANDLER asked, and by unanimous ask if that means that persons who have de


consent obtained, leave to introduce a bill (S. clared their intention to become citizens shall not be entitled to passports.

On motion of Mr. THAYER, by unanimous || No. 335) supplementary to the several acts The SPEAKER. Such persons are not now

consent, the bill of the Senate (S. No. 321) for relating to the establishment of the Treasury entitled by law to passports. the relief of Maria Syphax was taken from the Department; which was read twice by its title,

referred to the Committee on Commerce, and Mr. RANDALL, of Pennsylvania. I think Speaker's table, read a first and second time, that amendment had better be referred to a and referred to the Committee on Private

ordered to be printed. Land Claims.

Mr. WILLIAMS asked, and by unanimous committee. Mr. GARFIELD. I move that the bill,

And then, on motion of Mr. ROSS, (at five consent obtained, leave to introduce a bill (S. with the amendment, be referred to the Com

minutes to five o'clock p. m.,) the House No. 336) granting lands to aid in the construcmittee on the Judiciary. adjourned.

tion of a railroad and telegraph line from Salt

Lake City to the Columbia river; which was The motion was agreed to.

read twice by its title, referred to the CommitBENJAMIN HOLLIDAY.


tee on Public Lands, and ordered to be printed. Joint resolution (H. R. No. 103) to refer

The following petitions, &c., were presented under the rule and referred to the appropriate committees :

LIFE AND ACCIDENT INSURANCE COMPANY. the petition of Benjamin Holliday to the Court By Mr. DAWES: The petition of M. B. Whitney,

The PRESIDENT pro tempore. If there of Claims, returned from the Senate with an and 36 others, citizens of Westfield, Massachusetts, amendment, was next taken from the Speaker's asking for protection against unjust State laws in ref

be no further morning business, the Chair will erence to insurance.

call up the unfinished business of yesterday, table, and referred to the Committee on In- By Mr. COOK: The petition of F. W. Mattheissero

which is the bill (S. No. 290) to incorporate dian Affairs.

& Ilegeler of La Salle, Illinois, for increase of protec-
tion to the manufacture of spelter and sheet zino.

the National Life and Accident Insurance ComGOODRICII AND CORI

By Mr. GARFIELD: The petition of the superin- pany of the District of Columbia. The bill was The joint resolution of the House (H. R. No. tendent, principals, and masters of the public schools

read yesterday, and is now before the Senate of Boston, praying for the establishment of a national 77) for the relief of Ambrose L. Goodrich and Bureau of Education.

as in Committee of the Whole, and open to Nathan Cornish for carrying the United States

By Mr. HULBURD: The petition of 93 citizens of amendment.

Columbia county, New York, asking increase of duty mails from Boise City to Idaho City, in the

Mr. WILSON. I desire to ask the Senator on imported flax. Territory of Idaho, returned from the Senate By Mr. HUBBARD, of West Virginia: The peti- from Maine (Mr. MORRILL] who has charge of with amendments, was next taken from the

tion of Edgar T. Harris, asking that his name may be this bill, whether proper care is taken in regard

placed on the pension-list of the United States. Speaker's table, and referred to the Commit

to the paying in of the stock of this company.

By Mr. McKEE: The petition of James Taylor, for tee on the Post Office and Post Roads.

services as surgeon in the United States Army. On reading the bill, it seems to me that care

By Mr. RICE, of Massachusetts : The petition of is not taken that the capital stock of the comFORTIFICATION BILL.

Davis Foster, lieutenant fourth Massachusetts volThe bill of the House (H. R. No. 255) making | sinking of United States transport Fanning. unteers, for reimbursement for loss of clothing by

pany shall be paid in. I think these corpora

tors ought to be held responsible at any rate appropriations for the construction, preserva

until the stock is paid in. The public ought tion, and repair of certain fortifications and other works of defense for the year ending June 30,


to have that security, Provision is made for

the payment of five dollars of the assessment, 1867, returned from the Senate with amend

TUESDAY, May 22, 1866.

and then five dollars more at the end of thirty ments, was next taken from the Speaker's Prayer by the Chaplain, Rev. E. H. Gray, | days; but it seems to me there is no subsequent table, and referred to the Committee on Appro- The Journal of yesterday was read and provision requiring the stock to be paid up, priations. approved.

and they are exempted from personal liability. ASSISTANT SECRETARY OF THE NAVY.


In making these corporations, I think we ought The bill of the Senate (S. No. 318) to author

The PRESIDENT pro tempore laid before to be very careful to make corporations with ize the appointment of an additional Assistant the Senate a communication from the Secretary

actual capital paid in. I throw out this as a Secretary of the Navy, was next taken from of War, transmitting, in compliance with a res

suggestion to the Senator. It does seem to me the Speaker's table, and read a first and sec

olution of the Senate of the 10th of January that proper care is not taken that the capital ond time. last, information relative to the payment of $100 | stock subscribed for shall

be paid up.

Mr. MORRILL. The Senator from Illinois, Mr. RICE, of Massachusetts. I call the bounty to the ten regiments of Missouri State previous question on the passage of that bill.

militia mustered into the service of the United not now in his seat, (Mr. YATES,] reported Mr. ANCONA.

this bill. It was referred to him for examinaYou cannot pass it. I

States; which, on motion of Mr. Grimes, was shall insist on a division, and there is no quoordered to lie on the table, and be printed.

tion, and he reported that it was merely a

transcript of a similar bill, incorporating a rum here.

PETITIONS AND MEMORIALS. Mr. RICE, of Massachusetts. Let me say

company of the same kind in the State of

Mr. SUMNER. I present the petition of || Maryland, at Baltimore; that the persons prea single word in reference to this bill. It is

Abraham Lansing, a citizen of Cambridge, || senting this bill had followed that law. It was substantially the same bill which was referred

Massachusetts, asking for a pension on account | drawn, therefore, on the strength of that legis. to the Committee on Naval Affairs of this

of services in the war of 1812, and very pecu- lation. House a few days ago, which has been consid

liar injuries which he received, and from which Mr. CLARK. I suggest that of all corporaered by that committee, and unanimously

he is now in his old age suffering: I move the tions in the world a life insurance company agreed to. I believe that this bill passed the

reference of this petition to the Committee on Senate without any dissent whatsoever. It

should be thoroughly guarded and made secure Pensions. simply provides that there shall be, for six

to those people who are involved in it. The motion was agreed to.

Mr. JOHNSON. I see here no security at months, an Assistant Secretary of the Navy,

Mr. SUMNER. At the same time I move who shall act during the absence of the present

all that the capital shall be paid up. Assistant Secretary of the Navy, who is going

that the papers of Abraham Lansing, accom- Mr. CLARK. Of all corporations, those of abroad, there being no officer who, in the panying his petition for an invalid pension, pre- this character should be made thoroughly seabsence of the Secretary and of the Assistant

sented in 1860, be taken from the files of the cure, because if a man puts his earnings in a Secretary, can attach the official signatures to

Senate and referred to the Committee on Pen- || corporation of this kind to be useful to his

sions. papers. The gentleman who is going abroad

heirs in case of his death, he wants it to be has been in the service ever since the beginning

The motion was agreed to.

made sure to those heirs. of the war, and all that it is proposed to grant Mr. MORRILL presented twelve petitions

Mr. MORRILL. As the Senator who rehim is leave of absence equivalent to that of citizens of Maine, and a petition of Samuel || ported this bill is not in his seat, I move that

the further consideration of it be postponed granted to volunteer officers of the Navy when Batchelder and other citizens of Massachusetts,

until to-morrow. mustered out, so as to allow them one month's || praying for an appropriation to repair the Unileave for every year's service they have ren- ted States piers and other property at Saco,

The motion was agreed to. dered during the war. It is a very small amount. Maine, and to improve the navigation of Saco HOMESTEADS IN SOUTHERN LAND STATES. The Government are very anxious, indeed, that | river; which were referred to the Committee

Mr. KIRKWOOD. I move to take up the bill shall pass, and I insist upon the demand on Commerce.

House bill No. 85. for the previous question.


The motion was agreed to; and the Senate, Mr. RANDALL, of Pennsylvania. Is there Mr. WILSON, from the Committee on Mil- as in Committee of the Whole, proceeded to A quorum present?

itary Affairs and the Militia, to whom was consider the bill (H. R. No. 86) for the dis


posal of the public lands for homestead actual the essential modification. He is to occupy steads on the public domain in these States. settlement in the States of Alabama, Missis- and cultivate and have continued possession There is not a great quantity of public land left sippi, Louisiana, Arkansas, and Florida. of the land for five years before receiving title there, but it was the view of the committee,

It provides that hereafter all the public lands to it. It was discussed for some time in com- that what was left should be by law cut up into in the States of Alabama, Mississippi, Louisi- | mittee, and it was the opinion of the com- small farms not exceeding eighty acres, and ana, Arkansas, and Florida shall be disposed | mittee, nearly unanimous, perhaps quite so, that without distinction of color every citizen of according to the stipulations of the home- that no better provision could be made for of the United States should have the right to stead law of 20th May, 1862, entitled “An act poor men who had been engaged in the rebel- hold and to enjoy and after five years have a to secure homesteads to actual settlers on the lion than to let them have eighty acres of land title to eighty acres of the public land. public domain," and the act supplemental on the public domain, even though they take Mr. WADE. I wish to ask the Senator to thereto, approved 21st of March, 1864, but || simply an oath that they will hereafter bear what States this provision applies. with this restriction, that no entry shall be true and faithful allegiance to the Government Mr. POMEROY. It applies to all the States made for more than a half quarter section, or of the United States. As the law now is, all || in rebellion that have got public lands, namely, eighty acres; and in lieu of the sum of ten who have been engaged in the rebellion are Alabama, Mississippi, Louisiana, Arkansas, dollars required to be paid, there shall be paid | excluded from the public domain. The com- and Florida. Texas has no public land. We the sum of five dollars at the time of the issue mittee were of opinion that this amendment only include in this bill those States that have of each patent; and that the public lands in might be justified under the circumstances. I got public lands. The object of the bill is those States shall be disposed of in no other thought I ought to state that to the Senate, simply to allow a class of population who are manner after the passage of this act. No dis- because this amendment repeals, in fact, so now shut out from the public lands, to acquire, tinction or discrimination is to be made in the much of the old law as debarred the rebels || if this bill should become law, eighty acres for construction or execution of this act on ac- from homestead settlement on the public i themselves, under the homestead bill, and only count of race or color; and no mineral lanıls doinain.

eighty. are to be liable to entry and settlement ander The amendment was agreed to.

Mr. KIRKWOOD. The chairman of the its provisions.

The next amendment was to insert as an committee has stated very correctly the idea The first amendment reported by the Com- || additional section the following:

of the committee in reporting the bill as it mittee on Public Lands was to insert in line Sec. 3. And be it further enacted, That all the pro- stands; and yet, since the bill has been retwenty, after the word “lands” in the pro

visions of the said homestead law, and the act amend- ported by the committee, I have been induced

atory thereof, approved March 21, 1864, so far as the viso at the end of the bill, the words *

somewhat to change my own opinion upon this same may be applicable, except so far as the same lands mainly valuable for timber and not suit- are modified by the preceding sections of this act, are point, not for the reasons alluded to by the able for cultivation ;' so that the proviso will applied to and made part of this act as fully as if Senator from Indiana, but for others that I will read : herein enacted and set forth.

now state. Since the bill was reported I have

The amendment was agreed to. And provided further, That no mineral lands or

had a conversation with a gentleman from lands mainly valuable for timber and not suitable Mr. HENDRICKS. There was one point Florida, which is one of the States included in for cultivation shall be liable to entry and settlement in which I could not agree with the committee, under its provisions.

this bill. He suggested to me this idea, which and that is, that in the States named in the bill seems to me to be reasonable: he says that if The amendment was agreed to.

no person shall be allowed to acquire under we restrict the amount of a homestead in these The next amendment reported by the com- the homestead law more than eighty acres of States to eighty acres, leaving the amount of a mittee was to add as an additional section the land. I think that is unnecessary. I think the || homestead in other States at one hundred and following:

experience of the western country shows that sixty acres, our action will tend to divert immiAnd be it further enacted, That the person apply- one hundred and sixty acres of land is desira- gration from the States named. For instance, ing for the benefit of this act shall, upon application ble to make a good farm upon, and I do not the commissioner of immigration of Iowa, if to the register of the land office in which he or she is about to make such entry, make affidavit before

see any occasion for reducing the amount in we have such an officer, is in New York, and the said register or receiver that he or she is the head

these States below that allowed in other States there is a similar officer or agent there from of a family, or is twenty-one years or more of age, or to be acquired under the homestead law. I || Florida, each endeavoring to induce immigrashall have performed service in the Army or Navy of the United States, and that such application is

therefore move to amend the first section by tion to his State. The agent of Iowa says to made for his or her exclusive use and benefit, and that striking out all after the word “ sixty-four!

the immigrant, “If you go to Iowa you can get said entry is made for the purpose of actual settle- in line ten down to and including the word a homestead of one hundred and sixty acres ment and cultivation, and not either directly or indirectly for the use or benefit of any other person or

(patent” in the fifteenth line, so that the party of the public land;" and the agent of Florida persons whomsoever; and upon filing the said affi

will be allowed to enter one bundred and sixty says, “If you come to Florida you can get a davit with the register or receiver, and on payınent instead of eighty acres of land. My observa- || homestead of eighty acres of the public land, of five dollars, he or she shall thereupon be perinitted to enter the amount of land specified: Provided,

tion teaches me, and I think the Senator from and only that much.” The result, as he argued however, That no certificate shall be given, or patent Iowa, who has charge of this bill will agree, that || --and it seemed to me very forcibly arguedissued therefor, until the espiration of five years from farmers desire, as far as possible, to secure as would be that immigrants seeking homesteads the date of such entry; and if, at the expiration of such time or at any time within two years thereafter,

much as one hundred and sixty acres of land. would go to those States in which they could the person making sucb entry, or if he be dead, his I will remark to the Senate that by this bill secure one hundred and sixty acres of land, widow; or in case of her death, his heirs or devisee; the public lands in these southern States can- and would pass by those States in which they or in case of a widow making such entry, her heirs or devisce, in case of her death, shall prove by two

not be acquired in any other mode than under could get only eighty acres of land. This arcredible witnesses that he, she, or they have resided the homestead law. Farmers down there will gument, when presented to me, struck me very upon or cultivated the same for the term of five years not hereafter be able to buy any lands for their forcibly. Although I may not agree with some immediately succeeding the time of filing the affidavit aforesaid, and sball make affidavit that no part

families and for their children, but the children Senators in regard to some matters concerning of said land has been alienated, and that he will bear

will have to secure lands for themselves under these seceded States, I certainly do not desire true allegiance to the Government of the United the homestead law. I am not entirely sure to do them any injustice; I do not desire to States; then, in such case, he, she, or they, if at the time a citizen of the United States, shall be entitled

that that is good policy, but certainly it is going take any action that will injure their material to a patent, as in other cases provided by law: And too far to say that a man shall not in any event, interests, and I am strongly inclined, for the provided further, That in case of the death of both for himself and his children, secure more than reason stated by me, to agree with the Senator father and mother, leaving an infant child or children under twenty-one years of age, the right and fee

eighty acres. I do not think it tends to develop from Indiana that it would not be good policy shall inure to the benefit of said infant child or the prosperity of the country so to restrict the to restrict the homesteads in these States to children; and the executor, administrator, or guard- purchase. Under the law of the United States eighty acres. If we do so it will certainly give ian may, at any time within two years after the death of the surviving parent, and in accordance with

lands that are liable to private entry may be to those States where there are public lands the laws of the State in wbich such children, for the purchased at one entry to the extent of a sec- in which the homestead is not restricted the time being, have their domicile, sell said land for the tion of land. This is a great reduction to go advantage of inducing immigrants to go to benefit of said infants, but for no other purpose; and

down to one hundred and sixty acres, but to the purchaser shall acquire the absolute title by the

those States, and it will tend to keep emigrapurchase, and be entitled to a patent from the United say that only eighty acres shall be purchased tion from the States named in this bill. For States on the payment of the office fees and sum of under the homestead law is going entirely too this reason, therefore, although I felt othermoney herein specified. far, I think.

wise in committee, I am now strongly disposed Mr. POMEROY. I think it my duty, at any Mr. POMEROY. I will state in a single to favor the amendment offered by the Senator rate, to inform the Senate what this amend. word the views of the committee on that sub- from Indiana. I think it would be but fair to ment is, and how it changes the old law. It ject. This bill came to us from the House of these States. changes the old law only in one respect, I think. || Representatives. They considered the matter; Mr. POMEROY. The reasons that seem to The old law obliges the person availing himself and in view of the fact that in the States named have influenced the Senator from Iowa do not of the benefit of the homestead act to take an there is a great landless population of loyal operate upon me. We ought to bear in mind oath that he has never been engaged in the men, colored men, lately slaves who have for that these lands have been in market for a long rebellion. If this amendment shall be adopted a lifetime been shut out from the public lands, i time, and no foreigner coming to this country and become the law, he will have to swear that and almost all the valuable land in these States is going to be attracted to the southern States he will bear, in the future, true allegiance to the has already been acquired and taken possession that have been in rebellion on account of the Government of the United States. In other of in large estates by the first settlers, the white public lands. If foreigners are attracted there, words, it allows poor men who have been people, the object of this bill is to cut the pub- it is for other reasons. They go there, if they engaged in the rebellion to get eighty acres fic land up into small homesteads; and it need go at all, to take possession of abandoned of land of the public domain by taking an oath not be disguised that it is aimed particularly homesteads, or of large homesteads that are that they will hereafter bear true allegiance to for the benefit of the colored men, those who being cut up, where the Government has no the Government of the United States. That is I have not been able hitherto to acquire home- title, where the Government parted with its title many years ago.

What I claim as an ex- hundred and sixty acres there will not be less than that is often taken; but more than any excellencies,

that is frequently needed. Both for the reason in whom he desires to provide for. There is a of the policy and justice of having a universal those States who never have had access to the large amount of public lands in these States; I rule applicable alike to all the States, and public lands, and this bill will devote the rem- am not prepared to say at this time just the because one hundred and sixty acres is little nant of poor lands left there to them, first and amount. Florida has an enormous quantity of | enough for a homestead upon wild land, I shall foremost; and I think it is our duty to do soe public land undisposed of, and I think there is vote for the amendment, and I think the chairrather than to open them up to all Europe. We a large qnantity in Arkansas and some in Loui- man of the committee ought to accept it. I are under greater obligations and there is a siana; I cannot say just how much. A few think it is reasonable and right. higher sense of duty resting upon us to pro- years ago I did know, but I cannot state now. Mr. POMEROY. The chairman of the vide for the landless of our own country rather The proposition is to strike out this restric- committee will accept anything that is the than to have the nationalities of Europe enter- || tion, and then the bill will stand thus: that no pleasure of the Senate. I only desire to say ing into competition with those poor men who man can purchase in these States any land be- that this amendment does not meet with my have been loyal to us and yet whom we have lyond a one hundred and sixty acre tract, and approval individually, but if the Senate choose never allowed to have a foot of land. The he can only get a title to that after he has lived to change the bill as it came from the House object of this bill is to save the lands for this upon it five years, and this right is secured to of Representatives in this respect, of course class of our people, who have become our fel- the colored people as well as to the white. It | that will be all right. The Senator from Calilow-citizens, and now must have a footing in seems to me that is a fair bill.

fornia neglects, I think, to consider one fact, the soil; and the only way they can get it is to Mr. KIRKWOOD. I have just sent to the that the population of the South who are ensecure it to them upon the public lands in these committee-room for some information in regard | tirely landless are not as ambitious to get one States. The white men who own the large to the amount of public lands in these States, hundred and sixty acres or three hundred and farms there are not going to sell them to the derived from the Commissioner of the General || twenty acres as the population of the States of colored men, and for another reason, the col- Land Office, and I have it here. It appears the West and of California. These people will ored men cannot buy them; they have been that the quantity of surveyed unsold public | be entirely contented with forty acres, even. stripped of everything. True, thank God! they || lands in the States named in this bill is, in- The fact is that they have no land at all, and are free; but they have nothing but their hands

Acres. there is no way for them to get it except to get to rely upon for support, and they want land.


9,298,012.70 tracts of the public land. If the public lands The object of this bill is to let them have the


6,732.058.08 Florida.


in those portions where they are valuable for land in preference to people from Europe or Louisiana


settlement could be cut up into twenty-acre anybody else. I hope the amendment will not Mississippi.

4.760,736.03 tracts, so that these poor colored people could prevail, but that we shall pass the bill as the



get each of them twenty acres, it would be a House of Représentatives passed it in this

godsend to them. To say that they have got respect.

I was, as I before said, strongly in favor of to take one hundred and sixty acres is requirMr. HENDRICKS. When the bill enlar- the eighty acre limitation until the suggestion | ing them to take a farm of the magnitude of ging the powers of the Freedmen’s Bureau was to which I have alluded was made to me by which even they have no conception. before this body I agreed to that section which the gentleman from Florida to whom I have Mr. CLARK. Why not put it in the alterreserved from sale and all other disposition by referred. Now, it is but a balancing of rea- native, give them eighty or one hundred and the Government three million acres for the sons whether we shall fix it at eighty

acres or sixty acres? benefit of the colored people. I desire, now one hundred and sixty acres. There is, how- Mr. HENDRICKS. That is the law now. that they are free, to see them possessed of ever, one consideration which operates very Mr. POMEROY. The bill, as it stands, is homes; and so far as this bill goes in that much upon my mind: whatever we do here, || that they shall not take more than eighty acres, direction I am in favor of it. While I do not || unfortunately, is misrepresented among the and that implies that they may take less, any support the proposition that they shall be people to be affected by this bill. There are legal subdivision, as low as forty acres. I do endowed with political rights and powers, I do men who make it their business to misrepre- not desire to prolong the discussion, but only desire to see them made the owners of lands. sent all we do, and to give to it not only the to say that I think we had better pass the bill But, sir, I do not like to see the system which worst possible construction, but constructions as it came from the House in this respect; that has disposed of our public lands so beneficially | wholly impossible. Now, if we make a dis, is, to let the population who are landless in the to the people broken up by restricting the sales tinction between the amount of the homestead South have eighty acres, if they please, and less; to the limited quantity of eighty acres. I ask in these States and the amount of the home- if they choose, but not more. Senators to consider this proposition. While stead in other States, that fact will be seized Mr. CONNESS. I think if one hundred and we are willing to legislate for the benefit of the upon by this class of men to further prejudice sixty acres of land is a good thing for a white colored people reasonably and properly, we these people against our action here. That is man, it is a good thing for a black man; and I certainly ought not to disregard altogether the the reason why I should be willing to see the think if it is good for a man in the West, it is rights and the interests of the eight million limitation of eighty acres stricken ont, and one good for a man in the South. I do not know white people in that country and the interests hundred and sixty acres inserted in lieu of it. really any reason for applying this rule of of foreigners who may immigrate into those Another reason operating on my mind is that restriction. States.

this limitation will really tend, or may at least The amendment was agreed to. Senators desire, I presume, to have the south. || tend, to retard immigration to these States of

The bill was reported to the Senate as ern States populated as far as possible by men persons from other States, a thing that I much

amended. The amendments were concurred from the North and by men coming from other desire to see. I am strongly impressed with

in and ordered to be engrossed, and the bill to countries—that is an argument I have heard the belief that we had better leave the amount

be read a third time. It was read the third time repeatedly here-so that the political power of of the homestead in these States precisely as and passed. those States shall be taken from the men who it is in the other States, making no distinction

MESSAGE FROM THE HOUSE. have exercised it so prejudicially to the coun- between these and the other States, and then try and be placed in the hands of men who there will be no cause for complaint.

A message from the House of Representawill be faithful to the country. That has been I fully concur in the propriety of withhold- tives, by Mr. McPherson, its Clerk, announced an argument in which there was a great deal | ing the public lands from sale in the States that the House of Representatives had passed of force. The Senator from Iowa says the bill | named, and allowing them to be taken only as a bill (H. R. No. 211) to authorize the Presas it now stands would have a tendency to homesteads. We all know there are large || ident to appoint certain officers of the Execuexclude from those States a population which amounts of land scrip now in circulation ; and tive Mansion, and fixing their salaries ; and a gentlemen desire to see seek settlement and as soon as the land offices in those States are bill (H. R. No. 612) to amend an act entitled homes within their limits. Suppose we say opened again, the best of the lands will be "An act making appropriations for sundry that these lands shall not be disposed of as this swallowed up in large amounts by persons

civil expenses

of the Government for the year bill does in any mode éxcept under the home- holding this scrip, and the poor men of that ending 30th of June, 1859,"' in which it restead law, and then only to the extent of region will not be able to get hold of the lands. quested the concurrence of the Senate. eighty acres of land, how is the head of a family | I will vote for the bill either with the cighty or The message further announced that the at all to provide for his boys? How is he to the one hundred and sixty acre limitation ; but House of Representatives had passed, without secure a home for them? He cannot buy it I think it would be better for us to leave the amendment, the bill (S. No. 318) to authorize within the limits of those States; he is confined homesteads in these States at one hundred and the appointment of an additional Assistant to a small tract himself, that makes a farm not sixty acres, as in the other States.

Secretary of the Navy. susceptible of further partition, and when he Mr. CONNESS. I wish simply to say

that dies some one of the children must take it and I agree entirely with what has been said by the rest seek homes elsewhere. That has not the honorable Senator from Iowa, more, how- The message also announced thatthe Speaker been our policy heretofore. We have allowed ever, upon the merits of the proposition itself of the House of Representatives had signed the larger entries than this, and it has promoted than upon the policy and justice of keeping following enrolled bills and joint resolution ; the prosperity of the country.

this bill in exact conformity with the general which were thereupon signed by the President Therefore I think that this restriction to laws. I do not think that one hundred and pro tempore: eighty acres ought to be stricken out; and I do sixty acres is too large an amount for a home- A bill (H. R. No. 371) to grant a pension to not think the Senator from Kansas, the chair- stead in a new country. Taking how land Leonard St. Clair : man of the committee, is justified in saying that averages, I do not think that less than that is A bill (H. R. No. 510) to incorporate the if we allow homesteads to the extent of one worthy of settlement upon. It is very true that Academy of Music of Washington city; and




A joint resolution (S. R. No. 97) to author. on the part of the holders of converting the Kansas and Neosho Valley railroad and its ize certain medals to be distributed to veteran Treasury notes into bonds shall be deemed extension to Red river. soldiers free of postage.

and taken to be waived as to each and every Mr. HENDRICKS. I hope that bill will

note in relation to which notice shall not be not be taken up this afternoon. I had intended FUNDING TIIE NATIONAL DEBT.

given as thus prescribed, and the same shall to examine it with some care, but have not Mr. HENDERSON. I move to postpone be paid at maturity in lawful money of the been able to do so. It is a very important all prior orders and proceed to the consider- United States.

grant, not only in respect to its effects upon the ation of Senate bill No. 285.

Mr. SHERMAN. There are two or three || public lands, but also in its effect upon other The PRESIDENT pro tempore. The morn- amendments reported by the committee which roads to which we have heretofore made grants ing hour having expired it becomes the duty may as well be acted upon now.

of lands. I do not desire to defeat an early of the Chair to call up the special order for to- The PRESIDENT pro tempore. The amend- consideration of the bill, of course; but I am day, being Senate bill No. 300. That bill is ments reported by the committee will be read. not prepared to discuss it this afternoon, and I before the Senate, and the Senator from Mis- The first amendment was in section one, should prefer that it should stand over. I had souri moves to postpone it and all prior orders | line sixteen, to strike out the words “prepar- not an opportunity to examine the bill on the for the purpose of taking up the bill named by | ing, issuing, and,' and in line seventeen to committee; I was absent at the time the comhim.

strike out the word “two" and insert “one;'! mittee considered it. I ask the Senator to let Mr. HENDERSON. As the Senator from so that the proviso will read:

it lie over a day or two. Ohio is entitled to the floor on the special order, Provided, That the expense of disposing of such Mr. WILSON. I hope the bill will be laid if my bill is called up I will let it be passed | bonds shall not exceed one per cent. of the amount over, as requested by a member of the comover informally to hear his remarks, as I underdisposed of.

mittee reporting it. stand his bill is to be passed over anyhow after

The amendment was agreed to.

Mr. HENDERSON. I know but little about his remarks.

The next amendment was in section one, this bill myself. Some of the members of the Mr. SHERMAN. But the funding bill is line eighteen, at the end of the proviso to add, other House from my State, who have taken now the special order.

6 which said one per cent., or so much thereof an active part, have requested me to call it up, Mr. HENDERSON. I do not desire to as may be required, is hereby appropriated.'' I believe it is a bill making the usual railroad interfere with the Senator from Ohio.

Mr. EDMUNDS. With the consent of the il grants. I know but little about these railroad The PRESIDENT pro tempore. The mo- Senator from Ohio, I will move to amend that grants; I never yet have had charge of a bill tion is withdrawn. The special order is before amendment by adding after the word “ appro. that made a grant of an acre of land in this the Senate.

priated'' the words for that purpose," which body. I have been requested to have early The Senate proceeded, as in Committee of will make the meaning a little more explicit. action on this bill; I have glanced through it, the Whole, to consider the bill (S. No. 300) to It is a mere verbal amendment.

and I understood from members of the Comreduce the rate of interest on the national debt, Mr. SHERMAN. I have no objection to mittee on Public Lands that it contains nothand for funding the same. It proposes to au- that.

ing more than the usual grants; that there is thorize the Secretary of the Treasury, if he shall The amendment to the amendment was nothing extraordinary in it, as the Senate will deem it expedient for the purpose of funding | agreed to.

see by examining it. It proposes to make a the national debt and reducing the rate of in- The amendment, as amended, was adopted. grant of alternate sections of lands for the terest thereon, to issue registered or coupon The next amendment was in section two,

building of a railroad through the eastern tier bonds of the United States, in such form and line four, after the word “taxation' to strike

of counties in Kansas. The people in the westof such denominations as he may prescribe, out the words “in any form."

ern portion of my State feel very considerable payable, principal and interest, in coin, and Mr. FESSENDEN. How will the section

interest in it. If the Senator from Indiana bearing interest at the rate of not exceeding | read then?

wishes time to examine the bill of course I five per cent. per annum, payable semi-annu

The Secretary read as follows:

should dislike very much to insist upon taking ally, such bonds to be made payable in not

That the bondsissued under this act shall be known

it up now, but I presume there is nothing in it over thirty years from date, to be issued to an

"the consolidated debt of the United States," and

that the Senator cannot examine within ten amount sufficient to cover all outstanding or the same shall be exempt from taxation by or under minutes anyhow. However, I give notice now existing obligations of the United States, and State, municipal, or local authority, &c.

that I shall call up the bill at the very first to be disposed of in such manner and on such

Mr. SHERMAN. The amendment is sim

opportunity. It is a road in the State of the terms, not less than par, as the Secretary of || ply to comform to the language of the exist

Senator from Kansas, and his constituents are the Treasury may deem most conducive to the

as much interested in it as are the people of interests of the Government. The expense of

The amendment was agreed to. preparing, issuing, and disposing of the bonds Mr. SHERMAN addressed the Senate in Mr. POMEROY. I only feel the same inis not to exceed two per cent. of the amount | explanation and support of the bill. [His terest in this road that I do in all the others in disposed of, and the bonds, and the proceeds | speech will be published in the Appendix.] my State. I want the Senate to proceed to thereof, are to be exclusively used in taking up Mr. CLARK. I suppose nobody expects the consideration of the bill at a very early or retiring the obligations or indebtedness of action upon the bill at the present time. I day. It is not vital, 1 suppose, that it should the United States other than United States differ very materially from the Senator from be proceeded with this afternoon. I have only potes. The bonds thus issued are to be known Ohio in regard to some positions which he has to say, in reference to it, that the bill is drawn as the consolidated debt of the United States,' taken on this bill, especially with regard to the with all the care with which the committee and to be exempt from taxation in any form matter of taxation, not, however, upon the con- could draw a bill, and I think when the Senby or under State, municipal, or local author. stitutional



upon the expediency of late come to consider it there will be no objec. ity; and in consideration of the reduction of it. But I do not propose to address the Senate tions to the form of the bill as drawn. the rate of interest effected by the negotiation at the present time, nor am I certain that I It may compete, perhaps, with other interof these bonds, they and the interest thereon shall do so at any time. If nobody else desires ests that object to it, but there can be no oband the income therefrom are to be exempt to address the Senate at this time, I will move jection to the bill itself in point of form. I from the payment of all taxes or duties to the that the further consideration of the bill be post- want very early action on the bill, for the United States.

poned until to-morrow, so that the Senate may reason that the session of Congress is drawing The amount of interest saved by a substitu- | proceed to other business.

to a close, and the Committee on Public Lands tion of five per cent. bonds for other Govern- Mr. FESSENDEN. I suppose it is not in- in the other House, as I learn, has not yet ment securities is to be applied to the payment tended that this bill shall stand in the way of been called on for reports, and if we do not of the principal of the national debt, and for the business set for to-morrow.

act upon the bills reported by our Committee the purpose of insuring the payment thereof, Mr. SHERMAN. Not at all. I will state on Public Lands in this body until after that and in lieu of the sinking fund contemplated to Senators, though. that I should like to have committee is called upon we shall not be able by the , of at a vote on this bill within a reasonable time. to secure their passage at this session. If they

are to get through the other House at all it is terest, is to be annually applied to the reduc- that, I take it.

very important that they should be acted upon tion or extinguishment of the debt in such The motion to postpone was agreed to. before that committee is called for reports there, manner as may be determined by the Secre

and I am informed that it will only be a few

IIOUSE BILLS REFERRED. tary of the Treasury, or as Congress may here

days before they are called upon to report. I after direct.

A bill (H. R. No. 211) to authorize the Pres

leave, however, the charge of the bill to the For the purpose of enabling the Secretary ident to appoint certain officers of the Executive

Senator from Missouri, as his constituents perof the Treasury to prepare for

the funding or
Mansion and fixing their salaries; and the bill

haps feel an equal interest in this bill with any payment of the outstanding Treasury notes (H. R. No. 612) to amend an act entitled " An

other section of the country, and I shall entirely bearing interest at the rate of seven and three act making appropriations for sundry civil ex

follow his lead in regard to it. If the Senator tenths per cent. per annum, the holders of

penses of the Government for the year ending from Indiana will be better prepared to morrow, such notes are required to advise the Secretary 30th of June, 1859,” were severally read twice

and will say that he will consent to proceed of the Treasury, in such manner as he may

by their titles, and referred to the Committee with the consideration of the bill to-morrow, it prescribe, at least six months before their on Finance.

would be more satisfactory; but if it is to be maturity, whether they elect that the notes


put off indefinitely it will not be very satisshall be paid at maturity or shall be converted Mr. HENDERSON. I move to take up || factory. into bonds of the United States commonly Senate bill No. 285, granting lands to the State Mr. HENDRICKS. I cannot say to the designated as five-twenty bonds; and the right of Kansas to aid in the construction of the Senator from Kansas that I shall be prepared

39TA CONG. Ist Sess. --No. 172.

ing law.

my State.


, including the saving of in a MT. CLARK. There will be no objection to

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