court of the District of Columbia, or any judge thereof, shall have jurisdiction to enforce, by mandamus or otherwise, the right of any person holding the certificate mentioned in the first section of this act; and the action of said court in relation thereto shall be final.

I move to strike from this last clause all after the word "act.

Mr. HARLAN. I see no objection to the Senator's amendment.

Mr. HENDRICKS. Very well.
The amendment was agreed to.

Mr. HENDRICKS. One more amendment and I shall not trouble the Senate. I move to strike out the second section.

The section was read as follows:

SEC. 2. And be it further enacted. That any person who shall hinder or obstruct a person holding the certificate of election mentioned in the foregoing section from entering upon or discharging the duties of such office, shall be deemed guilty of a misdemeanor, and upon conviction thereof in any court of competent jurisdiction shall be fined in any sum not exceeding $1,000, or be imprisoned in the county jail not exceeding six months, or both said punishments, in the discretion of the court.

Mr. HENDRICKS. This is an extraordinary provision, I think, to make it a crime to obstruct in any way the entering upon an office by anybody. I do not know of any such provision in any of the States, and I think we are getting quite enough of criminal laws on the statutes of the United States without a provision of this sort. I think there are two vices now prevalent, one making a crime out of everything until "crime" ceases to be offensive almost, and the other is requiring everything to be sworn to, so that the sanctity of an oath is absolutely lost.

The amendment was rejected.

Mr. VICKERS. I offer an amendment to add to the fourth section the following proviso:

Provided, That this act shall not extend to the contested elections now pending in the said city, but that the said elections shall be decided by the tribunal which shall have jurisdiction of the same. The amendment was rejected.

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

MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by Mr. MCPHERSON, its Clerk, announced that the House had passed a bill (H. R. No. 1255) for the relief of Champe Carter, jr.; and a joint resolution (H. R. No. 295) to authorize the Secretary of the Treasury to remit the duties on certain articles contributed to the National Association of American Sharpshooters; in which it requested the concurrence of the Senate.

ENROLLED BILLS SIGNED.

The message also announced that the Speaker of the House had signed the following enrolled bills and joint resolutions; and they were thereupon signed by the President pro tempore:

A bill (S. No. 322) granting a pension to Sherman H. Cowles;

A bill (S. No. 323) granting a pension to Michael Kelley;

A bill (S. No. 344) granting a pension to Caroline and Margaret Swartwout;

A bill (S. No. 420) granting a pension to James A. Guthrie;

A bill (S. No. 421) granting a pension to Caroline E. Thomas;

A bill (S. No. 424) granting a pension to Bartlett and Carrie Edwards, children of David W. Edwards, deceased; and

A joint resolution (H. R. No. 137) requesting the President to intercede with her Majesty, the Queen of Great Britain, to secure the speedy release of Rev. John McMahon, convicted of treason-felony, and now confined at Kingston, Canada West.

BILLS INTRODUCED.

Mr. CATTELL asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 543) to provide for a further issue of temporary loan certificates for the purpose of redeeming and retiring the remainder of the outstanding compound interest notes; which was read twice by its title, referred to the

Committee on Finance, and ordered to be printed.

Mr. SHERMAN asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 544) to provide for a board of commissioners for the District of Columbia; which was read twice by its title, referred to the Committee on the District of Columbia, and ordered to be printed.

Mr. ANTHONY submitted an amendment intended to be proposed to the bill (H. R. No. 605) making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending the 30th of June, 1869; which was referred to the Committee on Appropriations.

HOUSE BILLS REFERRED.

The joint resolution (H. R. No. 294) donating to the Washington City Orphan Asylum the iron railing taken from the old Hall of the House of Representatives was read twice by its title, and referred to the Committee on

Public Buildings and Grounds.

The bill (H. R. No. 1215) for the relief of Champe Carter, jr., was read twice by its title, and referred to the Committee on Claims.

The joint resolution (H. R. No. 295) to authorize the Secretary of the Treasury to remit the duties on certain articles contributed to shooters was read twice by its title, and referred the National Association of American Sharp-|| to the Committee on Finance.

EXECUTIVE SESSION.

On motion of Mr. POMEROY, the Senate proceeded to the consideration of executive business; and after some time spent in execu tive session the doors were reopened, and the Senate adjourned.

HOUSE OF REPRESENTATIVES.

SATURDAY, June 13, 1868.

The House met at eleven o'clock a. m. Prayer by the Chaplain, Rev. C. B. BOYNTON. On motion of Mr. HOLMAN, by unanimous consent, the reading of the Journal of yesterday was dispensed with.

NATIONAL BANKS.

Mr. RANDALL. I rise to a question of resolution, which was adopted, calling upon the privilege. On the 25th of May I offered a Comptroller of the Currency for certain information.

On the next day the gentleman from Massachusetts, [Mr. HOOPER, whom I do not now see in his seat, entered a motion to reconsider the vote by which the resolution was adopted. Since that time he has taken no action in connection with that motion, and I now call it up and move that it be laid upon the table.

Mr. CULLOM. Is that privileged?

The SPEAKER. It is, and can be called up at any time when there is no business before the House.

Mr. CULLOM. There is evidently no quorum here.

Mr. WASHBURNE, of Illinois. I hope the gentleman from Pennsylvania will wait until the gentleman from Massachusetts [Mr. HOOPER] is in his seat.

Mr. RANDALL. I have waited two weeks already and the gentleman from Massachusetts has taken no action on the subject, and this is the only time in the day when I can make my motion. I ask that the resolution may be read for the information of the House.

The Clerk read the resolution, as follows: Resolved, That the Comptroller of the Currency be requested to furnish to this House a statement of the amount of dividends declared by the national banking associations since their organization under the present national banking act; the amount credited to the real estate account distinct from the capital expended therefor; the amount credited to the surplus account; the amount of their undivided profits and all losses, cach respectively per annum. If such information be not in his possession, he is further directed to take prompt measures to procure and transmit the same to this Ilouse.

Mr. WASHBURNE, of Illinois. This is evidently going to require a division of the House, and it is apparent there is no quorum

here. Besides, the gentleman from Massachu setts [Mr. HOOPER] is not present. As this is a privileged matter the gentleman from Pennsylvania [Mr. RANDALL] can call it up at any

time.

Mr. RANDALL. I am advised by the Speaker that this is the only time in the day when I can call the matter up.

Mr. HOOPER, of Massachusetts, here entered the Hall and said: I withdraw the motion to reconsider.

Mr. RANDALL. I renew the motion to reconsider, and also move to lay that motion on the table.

The SPEAKER. That is not necessary; and besides the time for making the motion to reconsider has passed.

SARAH HACKLEMAN.

Mr. HOLMAN. There was a tacit understanding on yesterday that I should have permission to introduce the bill which I now send to the Clerk's desk to be read. I hope there will be no objection to it.

The bill was one granting a pension to Sarah Hackleman, widow of Brigadier General Pleasant A. Hackleman.

The bill was read at length. The first section directs the Secretary of the Interior to place on the pension roll the name of Sarah Hackleman, widow of Brigadier General Pleasant A. Hackleman, for a pension at the rate of fifty dollars a month, from the 3d day of October, 1862, on which day General Hackleman fell mortally wounded at the battle of Corinth.

The second section discontinues the pension heretofore allowed to Sarah Hackleman under the general law.

The SPEAKER. Is there objection to the introduction of this bill for consideration at the present time?

Mr. HOLMAN. I desire the attention of the House for a moment while I explain this bill. I hold in my hand

Mr. HARDING. Has that bill been reported from any committee?

The SPEAKER. It has not. The gentleman from Indiana [Mr. HOLMAN] asks unanimous consent for its introduction and consideration at this time.

Mr. HARDING. I think the bill should be referred to a committee.

Mr. HOLMAN. I hope the gentleman will not insist upon that. It was understood yesterday that I should have leave to introduce this bill.

Mr. HARDING. It is a very unusual proceeding.

Mr. HOLMAN. If the gentleman will listen to me for a moment

The SPEAKER. If the gentleman from Illinois [Mr. HARDING] persists_in_his objection, the bill is not now before the House.

Mr. HARDING. I insist upon my objection. I am willing that the bill shall be introduced and referred to the Committee on Invalid Pensions.

Mr. HOLMAN. It is too late in the session to expect to get any more reports from that committee, as the gentleman from Illinois well understands.

Mr. HARDING. I hope not, for there are several bills before that committee in which my constituents are interested.

Mr. HOLMAN. I will consent to have the bill referred, if permission can be given to the committee to report upon it at any time.

Mr. WASHBURNE, of Illinois. I hope that permission will be given, and also to report at any time in the case of Mrs. Becler, the widow of Major Beeler, a paymaster, who died while in the service of the Government.

Mr. HARDING. I object to any special privileges being given to the widows of officers who are now receiving pensions and desire an increase of pension, while there are dozens of widows of private soldiers who need pensions and have not received them.

Mr. HOLMAN. Very well; then I will try and get this bill before the House on Monday next.

ORDER OF BUSINESS.

Mr. DAWES. I rise to a question of privilege..

Mr. SCHENCK. I call for the regular order. The SPEAKER. A question of privilege is the regular order.

Mr. DAWES. I desire to call up for action the amendments of the Senate to the House joint resolution to relieve from political disabilities R. R. Butler, of Tennessee.

Mr. MYERS. Will the gentleman from Massachusetts [Mr. DAWES] yield to me for a moment?

The SPEAKER. The gentleman from Ohio [Mr. SCHENCK] has called for the regular order. Mr. MYERS. I hope the gentleman will withdraw that call for a moment.

Mr. DAWES. In view of the condition of the House this morning I will not call it up at this time if the gentleman from Ohio will permit me to call it up immediately after the morning hour this morning.

Mr. SCHENCK. It will occasion debate or a division of the House, and take up time. Mr. DAWES. Then, if the gentleman insists upon it, I shall have to call it up now.

Mr. SCHENCK. The gentleman can do as he pleases, but I do not think he should do what he says.

Mr. DAWES. There is no objection, so far as I know, to the amendment of the Senate, but it is necessary to have action of the House upon it. Mr. MYERS. I rise to a point of order. The SPEAKER. The gentleman will state his point of order.

Mr. MYERS. My point of order is that it is not in order for gentlemen to converse with each other across the Hall.

The SPEAKER. The Chair thinks it may be, for the gentleman from Pennsylvania [Mr. MYERS] was conversing with the gentleman from Ohio [Mr. SCHENCK] across the aisle a few minutes since.

Mr. MYERS. I, however, addressed the Chair.

Mr. DAWES. If the gentleman from Ohio [Mr. SCHENCK] will not object to my calling this matter up on Monday next, 1 will not call it up till then.

Mr. SCHENCK. Very well, let it come up on Monday.

Mr. DAWES. I hope the gentleman will make no objection.

Mr. SCHENCK. I cannot help myself, for it is a question of privilege.

ORDER OF BUSINESS.

The SPEAKER. The morning hour has now commenced, and the first business in order is the reporting of bills of a private nature, commencing with the Committee on Roads and Canals.

No reports from the Committee on Roads and Canals were presented.

CHAMPE CARTER, JR.

Mr. ELIOT, from the Committee on Freedmen's Affairs, reported a bill (H. R. No. 1255) for the relief of Champe Carter, jr.; which was read a first and second time.

The bill authorizes and directs the Commissioner of Refugees, Freedmen, and Abandoned Lands to pay to Champe Carter, jr., late subassistant commissioner of the bureau for the counties of Robertson and Milan, in the State of Texas, out of moneys heretofore appropriated for the use of the bureau, the sum of|| $526 50, being the amount due to him for services as sub-assistant commissioner from March 17, 1866, to August 29, 1866.

Mr. WARD. I would like to hear an explanation of this bill.

Mr. ELIOT. Mr. Speaker, Champe Carter, jr., the person for whose relief this bill is proposed, was appointed March 17, 1866, as a sub assistant commissioner in an interior part of the State of Texas. According to the evidence before the committee he rendered very faithful service from March 17, 1866, till August 29 of the same year. In July, 1866, the bill continuing the bureau was passed, and one of the provisions of that bill required all

the agents of the bureau to take the test oath. It turned out that Mr. Carter had been engaged in the service of the confederacy. Upon the passage of that law General Kiddoo, who was in command of that division, wrote a letter to Mr. Carter, saying that he was very sorry to be compelled to dispense with his services, but that the law required he should be relieved because he could not take the oath. Carter had before stated to the general what his services had been, and although he was a registered voter and a very loyal and true man yet he was unable to take the oath, and had to be relieved. The accounts for his pay were sent in, and the Commissioner, upon examination, stated that he would be very glad to allow the vouchers to be paid but for the provision of the act which made it necessary that Congress should authorize the payment. The evidence before the committee is very full, showing not only that Mr. Carter is a very worthy man in private life, but that he earnestly and faithfully performed the duties of his office; and no reason exists against giving him pay. He has had no compensation for any of his work on account of the provision of law to which I have referred. The bill makes no appropriation, but simply authorizes the Commissioner to apply moneys now in his hands to the payment of this man.

Mr. WARD. I desire to inquire what were the services rendered by this man to the confederacy which incapacitated him to take the oath?

Mr. ELIOT. He was for a short time a noncommissioned officer in the service of the confederacy.

Mr. WARD. Does the gentleman think we' should be employing that class of persons as agents of the Freedmen's Bureau ?

Mr. ELIOT. Well, sir, other things being equal, I should say that we should not. But this is a good man, and I hope there will be no objection to the passage of the bill.

Mr. BURR. Will the gentleman permit me to make an inquiry?

Mr. ELIOT. Yes, sir.

Mr. BURR. I wish, in the first place, to ask whether it is necessary to have an act of Congress to provide for payment in special cases of this kind; and secondly, what evidence is there that this applicant, notwithstanding the fact that he held a position in the rebel army and fought against the Government, has been since that time what the gentleman calls " good man?"

a

Mr. ELIOT. We have the evidence coming from General Kiddoo, and also the affidavits of two or three officials in the part of Texas where this man resided, certifying upon oath to his character and the general worthiness of his conduct.

Mr. BURR. The gentleman recognizes the fact, then, I suppose, that a man may have been for the time being engaged in the rebellion and yet be a good man. I wish to ask him whether he does recognize that or not? Mr. ELIOT.

"While the lamp holds out to burn
The vilest sinner may return.'

[Laughter.]

Mr. VAN TRUMP. Was this gentleman a conscript or a volunteer in the confederate service?

Mr. ELIOT. I cannot say from my own knowledge, but I infer from the letter in which General Kiddoo refers to the conversation he had with Mr. Carter that he was so in the service as to be within the purview of the law.

Mr. MULLINS. He ought never to have been there; and, sir, I will never vote for a man who was in the rebel service.

Mr. WASHBURNE, of Illinois. This man rendered the service for which he asks to be paid.

Mr. PILE. Was he in the rebel army or in the confederate civil service?

Mr. TRIMBLE, of Kentucky. I desire to know from the gentleman from Massachusetts whether or not it would not be better to make the bill general in its character, and let it apply to all persons similarly situated?

Mr. ELIOT. There is not another case in the bureau. This is a solitary exceptional

case.

Mr. TRIMBLE, of Kentucky. What reason other than that he belonged to the Freedmen's Bureau is there for exempting him than any other man who was in the confederate service. I hope this will be referred to some committee, so we may have uniform general legislation, and not this class legislation.

Mr. HARDING. Was he at the time he was appointed qualified under our laws to perform this service?

Mr. ELIOT. He was appointed before the law was passed in July, 1866, and was in office at the time.

Mr. HARDING. Why, then, cannot the Department pay him?

Mr. ELIOT. Because of the provision of that law which disabled him. He was immediately relieved, and he now asks to be paid for the time he was in service before the law passed making it unlawful for him to be appointed. Mr. MULLINS demanded the yeas and nays. The yeas and nays were ordered.

The question was put on the passage of the bill; and there were-yeas 49, nays 19, not voting 120; as follows:

YEAS-Messrs. Archer, Baker, Barnes, Beatty, Beck, Bromwell, Chanler, Churchill, Sidney Clarke, Cornell, Dawes, Dixon, Ela, Eliot, Ferriss, Getz, Glossbrenner, Harding, Higby, Holman, Hopkins, Chester D. Hubbard, Julian, Laflin, Loughridge, Mercur, Moore, Morrell, Myers, Niblack, Paine, Peters, Pile, Plants, Pomeroy, Price, Randall, Robertson, Sawyer, Shanks, Starkweather, Thaddeus Stevens, Stokes, Thomas, John Trimble, Trowbridge, Upson, Robert T. Van Horn, and Henry D. Washburn-49.

NAYS-Messrs. Beaman, Burr, Cobb, Cullom, Golladay, Grover, Hawkins, Judd, Ketcham, Knott, Mullins, Scofield, Shellabarger, Aaron F. Stevens, Taber, Lawrence S. Trimble, Van Trump, Ward, and Elihu B. Washburne-19.

NOT VOTING-Messrs. Adams, Allison, Ames, Anderson. Arnell, Delos R. Ashley, James M. Ashley, Axtell, Bailey, Baldwin, Banks, Barnum. Benjamin, Benton, Bingham, Blaine, Blair, Boutwell, Boyer, Brooks, Broomall, Buckland, Butler, Cake, Cary, Reader W. Clarke, Coburn, Cook, Covode, Delano, Dodge, Donnelly, Driggs, Eckley, Eggleston, Eldridge, Farnsworth, Ferry, Fields, Finney, Fox, Garfield, Gravely, Griswold, Haight, Halsey, Hill, Hooper, Hotchkiss, Asahei W. Hubbard, Richard D. Hubbard, Hulburd, Humphrey, Hunter, Ingersoll, Jenckes, Johnson, Jones, Kelley, Kelsey, Kerr, Kitchen, Koontz, George V. Lawrence, William Lawrence, Lincoln, Loan, Logan, Lynch, Mallory, Marshall, Marvin, Maynard, McCarthy, McClurg, McCormick, McCullough, Miller, Moorhead, Morrissey, Mungen, Newcomb. Nicholson, Nunn, O'Neill, Orth, Perham, Phelps, Pike, Poland, Polsley, Pruyn, Raum, Robinson, Ross, Schenck, Selye, Sitgreaves, Smith, Spalding, Stewart, Stone, Taffe, Taylor, Twichell, Van Aernam, Van Auken, Burt Van Horn, Van Wyck, Cadwalader C. Washburn. William B. Washburn, Welker, Thomas Williams, William Williams, James F. Wilson, John T. Wilson, Stephen F. Wilson, Windom, Wood, Woodbridge, and Woodward-120.

The SPEAKER. There is no quorum vot

ing.

Mr. WASHBURNE, of Illinois. Then I move that there be a call of the House. The motion was agreed to.

The Clerk accordingly proceeded to call the roll, and the following members failed to answer to their names:

Messrs. Adams, Ames, Anderson, Arnell, Delos R, Ashley, James M. Ashley, Axtell, Bailey, Baldwin, Banks, Barnum, Beaman, Benton, Bingham, Blair, Boutwell, Brooks, Broomall, Butler, Cary, Reader W. Clarke, Coburn, Cook, Covode, Dodge, Donnelly, Driggs, Eckley, Eggleston, Eldridge, Farnsworth, Ferry, Finney, Fox, Garfield. Haight, Halsey, Asahel W. Hubbard, Richard D. Hubbard, Hulburd, Humphrey, Hunter, Ingersoll, Jenckes, Johnson, Jones, Kelley, Kerr, Kitchen, George V. Lawrence, William Lawrence, Lincoln, Loan, Mallory, Marshall, Marvin, McCarthy, McClurg, McCormick, McCullough, Miller, Moorehead, Mungen, Newcomb, Nicholson, Nunn, Orth, Perham, Phelps, Pike, Poland, Polsley, Pruyn, Robinson, Ross, Selye, Sitgreaves, Smith, Spalding, Stone, Taffe, Taylor, Van Auken, Burt Van Horn, Van Wyck, Cadwalader C. Washburn, William W. Washburn, Welker, Thomas Williams, James F. Wilson, Stephen F. Wilson, Windom, Wood, Woodbridge, and Woodward.

Mr. WARD. Mr. Speaker, I presume many of the absentees were not aware of the fact that the session to-day commenced at eleven o'clock.

The SPEAKER. That may be; it was only ordered last night at ten o'clock. A quorum is now present.

Mr. WARD.

I move that the further call of the House be dispensed with. The motion was agreed to. The SPEAKER. The yeas and nays will be again called on the passage of the bill.

The question was again taken; and it was decided in the affirmative-yeas 70, nays 27, not voting 92; as follows:

YEAS-Messrs. Allison, Archer, Delos R. Ashley, Baker, Barnes, Beaman, Beatty, Beck, Blaine, Boyer, Bromwell, Buckland, Cake, Chanler, Churchill, Sidney Clarke, Cornell, Dawes, Dixon, Eckley, Ela, Eliot, Ferriss, Fields, Getz, Glossbrenner, Harding, Higby, Holman, Hopkins, Hotchkiss, Chester D. Hubbard, Judd, Julian, Ketcham, Laflin, Loughridge, Lynch, Mercur, Moore, Morrell, Myers, Newcomb, Niblack, O'Neill, Paine, Peters, Pile, Plants, Pomeroy, Price, Randall, Robertson, Sawyer. Starkweather, Aaron F. Stevens, Thaddeus Stevens, Stewart, Stokes, Thomas, John Trimble, Trowbridge, Twichell, Upson, Van Aernam, Robert T. Van Horn, Ward, Henry D. Washburn, William Williams, and John T. Wilson-70.

making power of the Government, I shall feel compelled to object.

Mr. CLARKE, of Kansas. The House has already ordered an investigation into all the facts connected with the making of this treaty by a commission appointed by the President of the United States. The purpose is not to interfere in any way with the treaty-making

power.

Mr. MAYNARD. Very well, I withdraw the objection.

Mr. WASHBURNE, of Illinois. I suggest to the gentleman from Kansas that he modify his resolution by striking out the word "directed" and inserting requested." That is the usual mode of addressing the President. Mr. CLARKE, of Kansas. I will modify the resolution in that way.

Cullom, Delano, Golladay, Gravely, Griswold, Grover, Hawkins, Hooper, Kelsey, Knott, Koontz, Logan, Maynard, Morrissey. Mullins, Schenck, Scofield, Shellabarger, Taber, Lawrence S. Trimble, Van Trump, Elihu B. Washburne, and Welker-27.

NOT VOTING-Messrs. Adams, Ames, Anderson, Arnell, James M. Ashley, Axtell, Bailey, Baldwin, Banks, Barnum, Benton, Bingham, Blair, Boutwell, Brooks, Broomall, Butler, Cary, Reader W. Clarke, Coburn, Cook, Dodge, Donnelly, Driggs, Eggleston, Eldridge, Farnsworth, Ferry, Finney, Fox, Garfield, Haight, Halsey, Hill, Asahel W. Hubbard, Richard D. Hubbard, Hulburd, Humphrey, Hunter, Ingersoll, Jenckes, Johnson, Jones, Kelley, Kerr, Kitchen, George V. Lawrence, William Lawrence, Lincoln, Loan, Mallory, Marshall, Marvin, McCarthy, McClurg, McCormick, McCullough, Miller, Moorhead, Mungen, Nicholson, Nunn, Orth, Perham, Phelps, Pike, Poland, Polsley, Pruyn, Raum, Robinson, Ross. Selye, Shanks, Sitgreaves, Smith, Spalding, Stone, Taffe, Taylor, Van Auken, Burt Van Horn, Van Wyck, Cadwalader C. Washburn, William B. Washburn, Thomas Williams, James F. Wilson, Stephen F. Wilson, Windom, Wood, Woodbridge, and Woodward-92.

So the bill was passed.

Mr. ELIOT moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

ENROLLED JOINT RESOLUTION.

Mr. HOLMAN, from the Committee on Enrolled Bills, reported that the committee had examined and found truly enrolled a joint resolution (H. R. No. 137) requesting the President to intercede with her Majesty, the Queen of Great Britain, to secure the speedy release of Rev. John McMahon, convicted on a charge of treason-felony, and now confined at King. ston, Canada West; when the Speaker signed the same.

Mr. MYERS obtained the floor to make a report from the Committee on Patents under the call of the committees, but yielded to Mr. CLARKE, of Kansas.

GREAT AND LITTLE OSAGE INDIANS.

Mr. CLARKE, of Kansas. I ask unanimous consent to submit the following preamble and resolution for consideration at the present time:

Whereas it is reported that a treaty has recently been concluded with the Great and Little Osage Indians, by which it is proposed to transfer eight million acres of land, located in the State of Kansas, to a railroad corporation; and whereas it is reported that by the provisions of said treaty the people of the United States are excluded from the rights of homestead and preemption settlement; and whereas it is also reported that improper influences have been used to accomplish the framing and signing of said treaty, and that the interests of the Indians and of the people have been grossly and fraudulently neglecte; and whereas an investigation has been ordered by this House, into all the facts connected with said treaty: Therefore,

Resolved, That the President is hereby directed to furnish to this House copies of all instructions, records, and correspondence connected with the commission authorized to make the above-named treaty, and copies of all propositions made to said commission from railroad corporations or by individuals; and the President is requested to withhold said treaty from the Senate until a full investigation can be had and report made by the Committee on Indian Affairs of this House.

Mr. MAYNARD. I will not object to this if the object of introducing it is to inquire into the conduct of our own officials and investigate that with a view to dealing with them. But if the object is to interfere with the treaty.

that there are two or three men in Texasrailroad men, who are monopolizing the public lands there for their railroads, and obstructing all improvements in the State. I hope there will be a thorough investigation of the whole

matter.

The resolution was adopted.

Mr. CLARKE, of Kansas, moved to reconsider the vote by which the resolution was adopted; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

Mr. MYERS. I desire. before yielding further, to inquire how much of the morning hour there is remaining?

The SPEAKER. The morning hour will expire at eighteen minutes past twelve. Mr. MYERS. I yield for a moment to the gentleman from Maine, [Mr. LYNCH.]

UNITED STATES COURTS

Mr. LYNCH, by unanimous consent, introduced a bill (H. R. No. 1256) to amend an act entitled "An act to provide for holding the courts of the United States in case of the sickness or other disability of the judges of the district court," approved July 29, 1850; which was read a first and second time, and referred to the Committee on the Judiciary.

Mr. RANDALL moved to reconsider the vote by which the bill was referred; and also moved that the motion to reconsider be laid

on the table.

The latter motion was agreed to.

Mr. MYERS. I yield now for a moment to the gentleman from Illinois, [Mr. LOGAN.]

REMOVAL OF THE SEAT OF GOVERNMENT.

Mr. LOGAN. I do not desire to take up the time of the House, but I desire to give notice that on Monday next I shall move to suspend the rules to offer a resolution authorizing the appointment of a committee of this House to select a site for the capital of the United States, on account of the disregard of the law and the disloyal element that is constantly showing itself in such bitterness in this city toward the loyal people of this country and in disregard of the authority of the United States.

Mr. MYERS. I yield for a moment to the gentleman from Indiana, [Mr. JULIAN.]

LANDS IN SOUTHERN STATES. Mr. JULIAN, by unanimous consent, introduced a bill (H. R. No. 1257) relative to lands sold for non-payment of Federal taxes or under a judgment or decree of the courts of the United States in the States lately in rebellion; which was read a first and second time, and referred to the Committee on the Public Lands.

Mr. HOLMAN moved to reconsider the vote by which the bill was referred; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

the gentleman from Tennessee, [Mr. HAWKINS. ] Mr. MYERS. I yield now for a moment to

SETH LEA.

Mr. HAWKINS. I ask unanimous consent of the House to report from the Committee

on Military Affairs a bill for the relief of Seth Lea.

Mr. WASHBURNE, of Illinois. Let it be read.

The bill was read. It directs the Secretary of the Interior to place the name of Seth Lea, of Knox county, Tennessee, on the roll of invalid pensions at the rate of the full pension now allowed by law to a second lieutenant, said pension to commence on the 5th day of April, 1865, and to continue for his natural life.

Mr. BURR. I would ask how and why this bill comes from the Committee on Military Affairs?

Mr. HAWKINS. I will explain the bill. This man was employed to recruit for the Federal Army with the promise that he should be commissioned as a lieutenant. After carrying several hundred men across the mountains, and while crossing the mountains with others, he and the men who were with him were captured by the rebels. He was imprisoned in Castle Thunder from 1863 to the close of the war, and was disabled by being frost-bitten while in prison. This bill is reported unanimously by the Committee on Military Affairs. Mr. WASHBURNE, of Illinois. It is a pension bill. It may be a meritorious case, but it seems to me that it ought not to come from the Committee on Military Affairs.

Mr. MAYNARD. I hope no objection will be interposed to this bill. The application was for pay while thus imprisoned in Castle Thunder, having been captured in the manner my colleague [Mr. HAWKINS] has described. The Committee on Military Affairs, however, thought the relief proper in the case would be a pension, and they have reported a bill accordingly. The man is now between sixty and seventy years of age, and is almost dead from the effects of his imprisonment. He is also in very necessitous circumstances in consequence of the war, although when the war commenced he was in comfortable circumstances.

Mr. BURR. If the Committee on Military Affairs see fit to report a pension bill

Mr. MYERS. I rise to a question of order. If the Patent Committee is not reached before the morning hour expires, will the portion of the hour this morning count against the committee?

The SPEAKER. It will.

Mr. MYERS. I must then resume the floor. Mr. BURR. I only intended to place the Committee on Pensions right in this matter. The SPEAKER. The Chair understands the gentleman from Pennsylvania [Mr. MYERS] to object to the consumption of time.

Mr. MYERS. I am willing to yield if the morning hour of to-day is not counted against us, provided the Patent Committee is not called before the expiration of that morning hour.

The SPEAKER. It will count against the committee. Any fraction of the hour will count as an hour.

Mr. MYERS. As we yielded our right to the Committee on Invalid Pensions to the morning hour of yesterday, and as the morning hour of to-day is about to expire, I ask unanimous consent that the remainder of this morning hour be not counted against the Committee on Patents, but that our time shall be regarded as beginning on next private bill day.

Mr. WASHBURNE, of Illinois. I object. Mr. MYERS. Then I must resume the floor

now.

The SPEAKER. The gentleman from Pennsylvania [Mr. MYERS] having resumed the floor, the bill of the gentleman from Tennessee [Mr. HAWKINS] is not before the House.

WOOD-SCREW PATENTS.

Mr. MYERS, from the Committee on Patents, reported back, with a recommendation that the same do pass, House bill No. 810, for the relief of the widow and heirs of Thomas W. Harvey, deceased.

The question was upon ordering the bill to be engrossed and read a third time.

Mr. MYERS. For the purpose of saving time, I now call the previous question.

Mr. WASHBURNE, of Illinois. Has not this bill been already acted upon and disposed of by this House?

Mr. HOLMAN. Let the bill be read.

The SPEAKER. The Clerk will report the bill to the House, after which the question will be upon seconding the call for the previous question.

The bill was read at length. It authorizes the Committee on Patents to hear the applica tion of the widow and heirs of Thomas W. Harvey, deceased, for a reextension of the patent heretofore granted to the said Harvey, on the 30th of May, 1846, for an improvement in machinery for cutting screws, and reissued on the 28th of December, 1858; and also the application of the heirs of Thomas W. Harvey for the reextension of the patent heretofore granted to said Harvey, on the 18th of August, 1846, for improvement in machinery for dressing screw-heads, and reissued on the 4th of January, 1859, and to grant the extension of said patents for the period of seven years respectively, from the 30th of May, 1867, and the 18th of August, 1867, when said patents by law expired; provided that the patents shall be extended only for the benefit of the widow and legal heirs of said Harvey, and that these extensions shall not develop for the use and benefit of any corporation or person claiming any right or interest in either of the said patents by virtue of any alleged agreement, transfer, or assignment heretofore executed by the said heirs, or any arbitration or award heretofore made between the said heirs and any other person or corporation; and if at any time said extended letters-patent shall become in whole or in part the property of the company which owned said patents at the time when they were about to expire, or of their successors, then this act shall at once thereafter become void and of no effect; and provided also that all rights in law or equity of the persons legally in possession of machines covered by said patents shall be fully protected in all cases from the said extensions of letters-patent; provided said Commissioner, after full hearing, upon due notice to all persons desiring to contest said extensions, shall be of opinion that said patents should be so extended.

Mr. MYERS. I call the previous question. Mr. STEVENS, of Pennsylvania. I move to lay this bill on the table. I have helped to kill it three times, and I want to kill it the fourth time.

Mr. DAWES. I would like to make an inquiry of the gentleman from Pennsylvania, [Mr. MYERS.]

Mr. MYERS. I withdraw the call for the previous question, to hear the gentleman's inquiry.

Mr. DAWES. I desire to inquire whether this is the same patent the renewal of which has been refused by the House heretofore? Mr. MYERS. It is a new bill.

Mr. DAWES. I trust the gentleman will answer my question.

Mr. MYERS. I have not the time now, as the morning hour is about to expire.

Mr. DAWES. I want to know whether this is the same patent (the bill being drawn in a different shape) the extension of which has been twice defeated in this House?

Mr. MYERS. I will answer the gentleman as soon as I have the time. The Committee on Patents has had no time to report, I having yielded to a number of gentlemen; and the morning hour is about to expire. If the House will second the previous question, I will make a full explanation and yield to other gentlemen who may desire to discuss the bill. I demand the call for the previous question.

Mr. WASHBURNE, of Illinois. Have I not the right to call for the reading of the report?

The SPEAKER. The gentleman has not while the demand for the previous question is pending.

Mr. DAWES. Is this proposition, which been been twice defeated, to be put through without the report being read?

Mr. MYERS. I will withdraw the call for the previous question, and I trust my colleague [Mr. STEVENS, of Pennsylvania] will withdraw the motion to lay on the table. I have yielded all the time the committee had to-day, and I think we have been treated rather unkindly.

Mr. WASHBURNE, of Illinois. What is the pending question?

The SPEAKER. The motion of the gentleman from Pennsylvania, [Mr. STEVENS,] to lay the bill on the table, is still pending.

Mr. MYERS. I hope my colleague, considering the circumstances, will withdraw that

motion.

Mr. STEVENS, of Pennsylvania. No, sir; I cannot withdraw it. This is the same old wood-screw patent coming before us in its ghostly form for, I believe, the ninth time.

On the motion of Mr. STEVENS, of Pennsylvania, that the bill be laid on the table, there were-ayes 47, noes 50.

Mr. FARNSWORTH. I call for tellers. The SPEAKER. The morning hour has expired; and this bill goes over till the morning hour of Friday next.

CHILDREN OF G. W. FREER.

The SPEAKER. The Chair is requested by the Committee on Invalid Pensions to state that there was a clerical error in the bill (H. R. No. 1252) granting a pension to the minor children of Garrett W. Freer, which was passed yesterday. The bill provided that the pension should commence July 5, 1868. The date ought to have been July 5, 1863. If there be no objection the correction will be made in the engrossed bill.

There was no objection.

INTERNAL TAX BILL.

Mr. SCHENCK. I rise for the purpose of moving that the House resolve itself into the Committee of the Whole on the state of the Union on the tax bill; but before submitting that motion I move that all debate on the pending section in relation to banks be terminated in ten minutes after the House shall again resolve itself into the Committee of the Whole. The motion was agreed to.

Mr. SCHENCK. I now move that the rules be suspended, and that the House resolve itself into the Committee of the Whole on the state of the Union on the tax bill.

The motion was agreed to; and the House accordingly resolved itself into the Committee of the Whole on the state of the Union, (Mr. POMEROY in the chair,) and resumed the consideration of the special order, being the bill (H. R. No. 1060) to reduce into one act and to amend the laws relating to internal taxes.

The pending section was section one hundred and thirteen.

The pending question was on the amendment of Mr. PRICE, to strike out in line fourteen the words 66 one sixth," and insert in lieu thereof the words "one twelfth;" so as to make the clause read as follows:

And a tax of one twelfth of one per cent. each month upon the average amount of circulation issued by any bank, association, corporation, company, or person, including as circulation all certified checks and all notes and other obligations calculated or intended to circulate or to be used as money, but not including that in the vault of the bank or redeemed and on deposit for said bank.

Mr. O'NEILL. Mr. Chairman, I will detain the House for a moment only. I rose last evening for the purpose of getting some information from the gentleman from Illinois [Mr. LOGAN] in reference to taxing deposits, and also to learn his views as to the propriety of having the Government funds deposited in banking institutions and private banks. I have since understood, and I thought last evening I was correct, that there was no such thing now as deposits of the Government in private banks. As I learn the facts there are yet national funds in national banks in many parts of the country, and espe cially in banks located where there are no offices of the sub-Treasury of the United States.

I stated last evening this was a great convenience to the Government and furnished facilities for the payment of Government claims and for the safety of collections in various of the internal revenue collection districts, while at the same time there was a check at all times in favor of the Government by the operations of the clearing-houses to which, especially in cities, the banks go. I was certain and I knew I was right when I stated to the committee, although we have a law restrictive in its char acter, as to making deposits of national funds in the banks, yet it is inevitable that deposits have to be made in banking institutions in different collection districts, the taxes to a large amount being paid in checks late in the business day when the sub-Treasury offices are closed, and the Government thus has the benefit of the watchfulness of the clearing-houses. Now, sir, while I stand here to-day a bank man, not as I was educated in the Whig party twentyfive years ago, and yet not by any means an anti-bank man as some of those around me were educated to be in the Locofoco party at the same period, still I am not for putting too severe restrictions upon the national banks. I am in favor of the law as it stands and in favor of the existing tax on circulation and deposits, but I do not want to see that tax increased. I know the circulation in some districts of the

country and in some States is inadequate to the business done in them. I know in the city I have the honor in part to represent it is said by many that we have not a circulation adequate to the business of the city.

Mr. ELA. Has not one of your Philadelphia banks which had no use for its circulation sold enough to start a country bank for nine per cent. premium?

Mr. O'NEILL. I never heard of such a bank; but that is no point against the argument I make. I do not know of a banking institution of Philadelphia or of Pennsylvania that is to-day urging Congress not to put such a tax upon them as they and their customers should justly pay. I hope the tax upon circulation and deposits will not be increased.

I witnessed the attacks made years ago in Pennsylvania and other States upon the banks under the guise of protecting the people by legis lation. These attacks were frequently made for the purpose of injuring these institutions, so necessary, when properly managed, to the business prosperity of the country; and my only interest in them now is to aid in saving them in their usefulness, and not to urge that they should be exempted from their due share of

taxation.

[Here the hammer fell.]

Mr. LOGAN. I move to strike out 66 sixth," and say one fifth."

one

Mr. Chairman, I do not propose to enter into a general discussion of the propriety of banks, for that has nothing to do with the issue before the House. The question is whether the Government of the United States should receive interest on its deposits, the same as individuals. In other words, shall the Government of the United States require collaterals for their deposits, and those collaterals are in Government securities drawing six per cent. interest in gold, when at the same time we have millions of deposits in the banks. We pay the banks six per cent. in gold upon the collaterals, and they pay us not one cent upon the deposits of the Government, deposits upon which they make from six to ten per cent. on loans to individuals. It does seem to me strange that the bank can afford to pay private individuals for deposits from four to six per cent., and yet cannot pay the Government one cent.

Mr. O'NEILL. I speak from the stand-point of my own locality. I say, and I think my colleague from the first district [Mr. RANDALL] will concur with me, that this thing of paying interest on deposits in banks in Philadelphia is unknown.

Mr. LOGAN. Then all I have to say is that they had better deposit their money in Chicago or New York or Louisville or Cincinnati, where they do pay interest on deposits. I do not

know what the System of banking may be in Philadelphia, but it seems to be different from the workings of the banking business everywhere else. I know that six per cent. on deposits has been and is being paid where I live, and I do not see why, if they are willing to pay six per cent. on my money (if I have any to deposit) they cannot pay the Government three per cent. for its money, when the banks are drawing interest from the Government from the mere fact of its having deposits in these banks.

notes.

Now, sir, I propose at the proper time to offer-or the Committee of Ways and Means will offer it-the amendment which I suggested last night, that while the provisions of the bill, so far as the circulation of banks is concerned, shall stand as they are, three per cent. shall be paid as taxation by the bank upon the amount of Government deposits; so that the Government may be receiving some interest for its deposits as well as individuals; especially from those banks to which the Government is paying six per cent. in gold for the mere privilege of having banks to circulate the Government's own notes, the Government being responsible for the redemption of those I cannot understand why it is that when you ask a small rate of interest to be paid to the Government upon the deposits of the Government in these banks, you at once raise a hornet's nest in this House. If you undertake to do anything that seems to furnish money to the Government and take it from the grasping clutches of capitalists, the very men that can afford to pay taxes, it seems to arouse the indignation of certain gentlemen here. Now, so far as I am concerned, my theory is that we should not legislate for the rich alone, but seek to take the burden off the poor man. You ought not to put so much upon the poor man that he will be unable to bear it. Unless you seek to derive your revenue from the sources that are well able to afford to be taxed, you will be very likely to find yourself without revenue.

Mr. GARFIELD. I rise to oppose the amendment pro forma. I wish to call the attention of the committee to the fact that an increase of the tax on circulation is much less productive of revenue than the same per cent. of increase of the tax on deposits. The report of the Comptroller of the Currency shows that in October last there were sixteen hundred and forty three national banks, and that the total circulation was about two hundred and ninetyeight million dollars. The total deposits at that time amounted to $565,500,000, being nearly double the amount of circulation. It will be seen that one twenty-fourth of one per cent. on deposits will produce twice as much as one twenty-fourth of one per cent. on circulation. Therefore, if our object is to increase the amount of revenue derived from banks, we can do it much more effectually by increasing the tax on deposits than by increasing it on circulation, as proposed in this bill. I am surprised that it should be proposed to raise the tax which is already highest, and let the lower tax stand as it is now fixed by law.

Another point, which has not been sufficiently considered in this debate. There is at the present, in my judgment, no more serious evil connected with our banking system than the fact that the banks in the great money centers, such as New York, are allowed to receive interest on deposits. The result is, all the country banks deposit their money in these banks and check against it at the same time that they are receiving interest on it, and are thus enabled substantially to use their money twice. While this is permitted they will of course not have money to lend at home to business men, even on good business paper, except at an exorbitant rate of interest.

The

result is, that all over the West, and everywhere in the rural districts, the currency is relatively very scarce, although it is very plenty, even a plethora, in all great money centers. There has not been a time in three years when money could not be had on call at a very low

rate of interest, as low as four per cent., and even lower in the city of New York, but it could not be had for sixty or ninety days without a much higher rate, even on the very best security. The reason was that currency was being used in Wall street in gambling operations, based on the rise and fall of stocks and gold. It is loaned on call for that business, when it would not be loaned on long time for the very best security. For these reasons I insist that we ought to throw the burden of taxation rather on deposits than on circulation. I am not sorry that the Committee of Ways and Means propose to get more revenue out of circulation, but I shall insist if they do they must correspondingly raise the tax on deposits.

It is generally conceded that deposits serve many if not all the purposes of currency. Mr. Walker, in his able work on Public Wealth, recently published, insists that all deposits are to be added as a clear addition to the total circulation of the country. If this view be correct, the Committee of Ways and Means ought to show the present difference in the rate of tax or the two should be continued; rather than to ask us-as they do in this billto make that difference greater

[Here the hammer fell.]

The CHAIRMAN. All debate on this section is closed by order of the House.

Mr. LOGAN. I withdraw the amendment to the amendment.

Mr. PRICE. Is the question now on my amendment?

The CHAIRMAN. It is.

Mr. PRICE. And if my amendinent prevails it will leave the law just as it is, will it

not?

The CHAIRMAN. It will.

The question was taken on Mr. PRICE'S amendment, and there were-ayes 42, noes 41; no quorum voting.

Tellers were ordered; and Messrs. PRICE, and HOOPER of Massachusetts, were appointed.

Mr. RANDALL. I desire to ask the Chair a question. Is a vote in the affirmative a vote to keep the tax where it now is under the existing law?

The CHAIRMAN. Yes, sir. Mr. RANDALL. And a vote in the negative is in favor of increasing the tax.

Mr. MAYNARD. I desire to ask the Chair whether a vote for this amendment will keep the tax at one per cent., and a vote against it make the tax two per cent.?

Mr. FARNSWORTH. I rise to a question of order. That is not a parliamentary question. The committee divided; and the tellers reported-ayes 51, noes 51.

The Chairman voted in the affirmative.
So the amendment was agreed to.

Mr. SCHENCK. I am instructed by the Committee of Ways and Means to offer the following amendment:

Page 165, section one hundred and thirteen, line nine, after the word "banking" insert as follows: "and a tax of one-fourth of one per cent, each month on the average amount of all deposits of public money in their possession to the credit of the Treasurer or of the disbursing officer of the United States."

Mr. GRISWOLD. I move to amend the amendment by inserting after the word "amount" the words "in excess of $25,000." The amendment to the amendment was disagreed to.

The question recurred on Mr. SCHENCK'S amendment; and being put, the amendment was agreed to.

Mr. SCHENCK. I offer the following amendment from the Committee of Ways and Means to make the section conform to the amendment just adopted:

Page 165, section one hundred and thirteen, line five, after the word "money "insert the words "other than public moneys of the United States."

The amendment was agreed to.

Mr. RANDALL. I offer the following amendment, to come in at the end of the section:

Provided further, That none of the money herein

authorized to be collected shall be deposited in a natioed the Treasurer or an Assistant Treasurer of national bank in any city or place where there is the United States. All public moneys collected and received in any city or place for the Government shall be deposited with such Treasurer or Assistant Treasurer, shall be subject only to the draft of the Secretary of the Treasury or the Treasurer of the United States, as provided by law, and under such regulations as the Secretary of the Treasury from time to time shall deem expedient and establish; and any public officer violating this provision of the law and depositing public money otherwise than is herein directed, and any other person who shall aid therein, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined a sum not exceeding $5,000, and be imprisoned for a term not exceeding three years, or either, at the discretion of the

The CHAIRMAN. The Chair sustains the point of order.

Mr. RANDALL. Very well; I will move that portion of my amendment to which the gentleman from Ohio [Mr. SCHENCK] does not object.

Mr. GARFIELD. I would suggest to the gentleman from Pennsylvania [Mr. RANDALL] to modify his amendment by inserting after the wordsub-Treasurer" the words " or other public depositary."

Mr. RANDALL. The national banks are public depositaries.

Mr. HOLMAN. Let the amendment as now submitted be read.

The amendment was again read, being to add to the section the following:

Provided further, That none of the money authorized to be collected under this act shall be deposited in a national bank in any city or place where there is located a Treasurer or an Assistant Treasurer of the United States.

Mr. O'NEILL. I want to ask my colleague [Mr. RANDALL] a question.

The CHAIRMAN. No further debate is in erder.

Mr. RANDALL. I could not answer any question if I would.

Mr. LYNCH. I move to amend the amendment by adding to it the following:

And provided further, That no public moneys shall be deposited in any bank in any city where there is located a Treasurer or Assistant Treasurer of the United States.

Mr. RANDALL. amendment.

That is the same as my

Mr. LYNCH. No, it is not. The amendment of the gentleman applies to moneys collected under this act; my amendment to the amendment relates to any public moneys.

The question was then taken upon the amendment of Mr. LYNCH to the amendment of Mr. RANDALL; and it was not agreed to.

The question recurred upon the amendment of Mr. RANDALL.

Mr. O'NEILL. I move to amend the amendment by adding to it the words "provided such deposits shall be made daily."

Mr. RANDALL. That is provided for else. where.

Mr. O'NEILL. Then I will withdraw my amendment.

The question was then taken on the amendment of Mr. RANDALL; and it was agreed to. Mr. MAYNARD. I move to amend that portion of this section providing for a tax on the average amount of deposits, by striking out the words 66 one twenty-fourth" and inserting "one twelfth."

Mr. STEVENS, of New Hampshire. I move to amend the amendment by striking out "one twelfth" and inserting "one sixth."

The question was then taken upon the amendment to the amendment, and it was not agreed to; there being, upon a division-ayes twentytwo, noes not counted.

The question was then taken upon the amend