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stowed upon them, authorized the sale of the reservation, and the distribution of the proceeds of that sale from time to time among these Indians. If it is desired, I can read the various sections of the law of 1863, but I presume that is not necessary. It provided that the President should locate these Indians upon & tract, usiog the word " tract” in the singular, outside of the borders of any State. In pur. suance of that authority, the most mischievous of these people, those who were kept iu prison for some time at Davenport, a thousand or so of them, those who had been convicted by a court-martial of violence upon the white settlers in Minnesota, were removed to a reservation at the mouth of the Niobrara. The pro. ceeds of the sale of their old reservation, under the construction which the Indian de partment gives to this law, are distributed entirely among those Indians; and yet they are but a small fraction and the least deserving fraction of the Indians who formerly were entitled to the reservation in Minnesota and to its proceeds. There were four bands, the Waupetons, Medawakontons, Waupekutes, and Sissetons. The Waupekutes and Medawakon. tons were the mischief makers, the bloody Indians who were sent down to the mouth of the Niobrara ; the others are upin the Territory of Dakota, and by a treaty which the Government made with those Indians in the spring of 1867 they were entitled to a reservation, and to some other advantages to be provided for them by the Government. But not one cent from that time to this has ever been given to them; they are without the least help; and the Indian department is unable to give them any assistance whatever. The Indian department hold that their power for the benefit of these bands is exbausted by the distribution which they make to the Indians at the mouth of the Niobrara; but there are only one thousand there, and there are four thousand Sissetons and Waupetons in Dakota, and recog. nizing the fact that they are entitled in equity to an equal participation this bill is introduced. There is an accumulation of about fifty thousand dollars, probably, realized from the sale of their old reservation, and with the assistance of one half or two thirds of that, to which they would be properly entitled, the Government can do them a benefit and help to open their farms on the reservation. The Senate will recollect that some time ago it agreed to an appropriation of $20,000 for the relief of these Indians, in consideration of their great necessity and destitution ; but that has not been heard from since it went to the House of Representatives, some two months since, and these Indians are entirely without help, and the Indian Bureau is without the ability to help them.

Mr. MORRILL, of Maine. Does this bill come before the Committee on Indian Affairs ?

Mr. RAMSEY. It is recommended by the Committee on Indian Affairs unanimously.

Mr. THAYER. The Senator from Minnesota has failed to answer my question.

Mr. RAMSEY. What was the question ?

Mr. THAYER. I will put it in this shape: does the bill relate to those Indians who are now located at the mouth of the Niobrara, in Nebraska?

Mr. RAMSEY. Certainly it relates to them; and it relates to those in Dakota.

Mr. THAYER. I ask to have the bill read again. The bill was read.

Mr. RAMSEY. The only modification is that it introduces the words tract or tracts' instead of the singular

tract.'' The first section of the act of 1863 provides that the President shall locate these Indians on a tract of land outside of the borders of any State. The whole object of this bill is to reproduce that first section with this change, using tract or tracts," so as to justify the Indian Bureau in relieving the Indians who are located upon the reservation in the Territory of Dakota. There is no other

way of relieving them. Mr. THAYER. It does not result in remov. ing the Indians from Nebraska ?

40Tu Cong. 20 SESS.--.No. 220.

Mr. RAMSEY. Notat all. You can have ing the reinbursements received, if any, by persons them, and more of themifyou desire them there.

so expending said money for the purpose aforesaid, Mr. THAYER. I want to say to my friend

shall report the balance to the sild Secretary of

War, if any balance is tound, and shall establish the from Minnesota, who represents that these time in which the sum so found shall be paid; and Indians were the worst of those wlio removed

the grants contained in this act shall be subject to

the payment of said money so actually expended. from Minnesota, that since they have come into Sec. 2. And be it further enacted, That there is our jurisdiction they are peaceable, quiet In: hereby granted to the State of Michigan for the use dians, and we have no disposition to have them

and benefit of the Portage Lake aud Lake Superior removed.

Ship-Canal Company, to aid in the construction of

the work provided for in the first section of this act. Mr. RAMSEY. I am glad to know that you in accordanco with the act of the Legislature of the are so pleased with them. We can send you

State of Michigan in relation thereto, two hundred

thousand acres of public land, to be selected from another installment. [Laughter.]

the odd-numbered sections in the Marquette land Mr. THAYER. We treat them kindly and district, in the upper peninsula of Michigan, subject civilize them.

to sale or preëmption, and which have been sur

veyed, but to which no preemption or homestead The bill was reported to the Senate, ordered rights have attached, and which have not been reto be engrossed for a third reading, read the served in any grant heretoforo made by Congress nor third time, and passed.

otherwise disposed of. Said lands may be selected

by said company at any time, and patents to issue STEPHIEN G. MONTANO.

therefor as hereinafter provided : And provided fur

ther, That said canal shall be and remain a public Mr, SUJINER. I ove that the Senate

highway for the use of the Governmentof the United proceed to the consideration of Senate bill States, free from toll or charge upon the vessels of No. 553.

Bad Government, or upon vessels employed by said

Government in the transportation of any property Mr. CONNESS. What is it about?

or troops of the Uvited States. Mr. SUMNER. It is entitled " A bill to pay

Sec. 3. And be it further enacted. That the afore

said company shall forthwith establish the route of Stephen G. Montano, a citizen of Peru, an

said canal and the plan of said breakwater, and unpaid balance of money awarded to him by file plats or à plat thereof in the office of the War the mixed commission authorized by the con- Department, and shall obtain the approval of the

same by the Secretary of War, and all the expenses vention of January 12, 1863, between the

incurred in carrying out the provisions of this act United States and Peru.” It grows out of a sball be borne by said company. judgment of a California court.

SEC. 4. lud be it further enacteil, That ifsaid breakMr. CONNESS. It is not to pay for a Brit

water and ship-canal shall not be completed accord

ing to the plans so approved by the Secretary of ish ship?

War, and said obstructions removed within fivo Mr. SUMNER. Oh, no ; you are not against years from the passage of this act, the lands hereby this.

granted shall revert to the United States: Provided,

That whenever said breakwater and ship-canal sball The motion was agreed to; and the Senate, be completed according to the provisions of this act, as in Committee of the Wbole, proceeded to and said obstructions shall be removed, and said Sec

retary of War shall certify to the same patents for consider the bill. It directs the Secretary of

the lands herein granted shall be issued to the said the Treasury to pay to Stephen G. Montano, a company. citizen of Peru, or his legal representatives, Mr. HENDRICK'S. I move to amend the the sum of $27,800 43 in coin, with interest in coin from the 11th of July, 1864, to the time inserting after the words disposed of” the

amendment in section two, line thirteen, by of payment, the same being an unpaid balance

words and which are not known upon the of money due to himn from the United States under a decree of the mixed commission au

maps or reports of the public surveys as min

eral.' thorized by the convention of January 12, 1863,

The amendment to the amendment was between the United States and Peru, for the

agreed to. settlement of pending claims of citizens of

The amendment, as amended, was adopted. either country against the other.

The bill was reported to the Senate as amendThe bill was reported to the Senate without

ed, and the amendment was concurred in. amendment, ordered to be engrossed for a

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

third reading, was read the third time, and PORTAGE LAKE SHIP-OANAL.

passed. Mr. CHANDLER. I move that the Senate

The title of the bill was amended so as to proceed to the consideration of Senate bill

read: “A bill extending the Portage Lake and No. 398.

Lake Superior ship-canal to Keweenaw bay, • The motion was agreed to ; and the Senate, providing for the right of way, and making a as in Committee of the Whole, proceeded to grant of land to aid in the continuance of said consider the bill (S. No. 398) to establish the extension." right of way of the Portage Lake and Lake WAGON-ROADS IN DAKOTA TERRITORY, Superior ship-canal, and to provide for the extension and completion of the same.

Mr. FERRY. I move that the Senate proThe PRESIDENT pro tempore. The Com

ceed to the consideration of House bill No. mittee on Public Lands have reported the bill

650, reported by me yesterday from the Com

mittee on Territories and then laid over for with an amendment in the nature of a substi

examination. tute. The amendment only will be read, unless

The motion was agreed to; and the bill (H. the reading of the original bill is called for by

R. No. 650) to amend act of 3d March, 1865, some Senator. The Chief Clerk read the amendment, which

providing for the construction of certain wagon

roads in Dakota Territory was considered as was to strike out all of the bill after the enact

in Committee of the Whole. ing clause and to insert the following in lieu

Mr. FERRY. I move to amend the bill so tbereof:

as to limit the amount appropriated to the sum That the Portage Lake and Lake Superior Ship

of $6,500, which is the estimate for the expense Canal Company, a company organized under the laws of the State of Michigan, be, and hereby is, author- of the bridge now made by the Department of ized to construct a break water in Kewcenaw bay, the Interior in a letter which I have from that Lake Superior, not exceeding two thousand feet in width, on the bank of said bay, and a ship-canal Department in my hand. The amendment is from the most eligible point in said bay to Portage in line three, after the word “that,” to insert lake, which canal shall be at least one hundred feet "so much of;" and in line six, to strike out the in width, and not less than thirteen feet in depth:

words "or so much thereof as may be necesProvideri, The said canal company sball also remove the rocks in Portage lake, so as to secure free and sary

" and insert "as shall not exceed the zum unobstructed navigation, with thirteen feet water in

of $6,500;'' so as to make the bill read: the channel of said lake. through to the head thereof, and the right of way through said lake is hereby That so much of the unexpended balance of an granted to said company, not exceeding six hundred appropriation made March 3, 1865, for the construcfeet in width. And the Secretary of War shall des- tion of certain wagon-roads in the Territory of Da. ignate an engineer of the Arniy who shall examine kota, as shall not exceed the sum of $6,500, be, and the obstructions ip said lake, and report the same to the same is hereby, applied to the completion of the said Secretary, with inaps thereof, and shall report bridge over the Dakota river, on the line of the Govto the said Secretary when the work contemplated ernment road leading from Sioux City, in the State in this section shall be completed in a permanent of Iowa, to the mouth of the Cheyenne river, in manner. And said engineer shall also ascertain Dakota Territory. whether any money has been expended to aid the

The amendment was agreed to. navigation into Portage lake, in the route of said ship-canal; by whom expended, if any has been The bill was reported to the Senate as expended, the amount expended; and after deduct- amended, and the amendment was concurred in.

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The amendment was ordered to be engrossed, market-house it is to be lawful for the said cor- It seems to me that such a provision as this and the bill to be read a third time. Ibe bill poration to create a debt, in such form as inay would destroy the value of the court, and it was read the third time, and passed.

be found most expedient, not exceeding the would hardly be worth while to continue the MAQUOKETA RIVER.

sum of $200,000, at a rate of interest not court if such a limitation were put upon the

exceeding six per cent. per annum, notwith- bill. Mr. HARLAN. I move to take up for con

standing any restriction in the charter of the Mr. MORRILL, of Maine. I do not agree sideration Senate resolution No. 107. The motion was agreed to; and the joint Government of the United States in no event city or existing laws to the contrary; but the with the views of the Senator.

Mr. SHERMAN. I suggest to the Senator resolution (S. R. No. 107) in relation to the whatever is to be liable for the principal or from Illinois whether, if that proviso is stricken Maquoketa river, in the State of Iowa, was

interest upon any such loan ; and the entire out, the amount of the appropriation is not considered as in Committee of the Whole. It

revenue of the building after paying contingent totally inadequate ? proposes to give the assent of Congress to the

expenses and interest on the loan is to be appro. Mr. TRUMBULL, It is; and I intend to construction of bridges across the Maquoketa

priated to the payment of the money borrowed make a suggestion about that in a moment. river, in the State of Iowa, with or without

for that purpose. No more than $220,000 are Mr. SHERMAN, I agree with the Senator draws, as may be provided by the laws of the

to be expended in building the market-house, entirely. It is in regard to these other claims State of Iowa.

nor are any contracts to be entered into which that we want the judgment of the Court of The joint resolution was reported to the involve a larger expenditure for its completion. || Claims; but no claimant will commence a suit Senate. Mr. MORRILL, of Maine. I ask the Sen

The corporation are to have the right to hold in that court if his claim is for more than

and use the property so long as the building to $5,000, if he cannot get a judgment paid. It ator from lowa whether that is a navigable be erected thereon shall be maintained as a seems to me it would be ridiculous to keep up river?

market-house, and no longer, Mr. HARLAN. It is not a navigable stream;

the Court of Claims merely to decide on claims it is a small mill stream.

The bill was reported to the Senate, ordered less than $5,000.

to be engrossed for a third reading, read the Mr. TRUMBULL. Of course it would. It The joint resolution was ordered to be en. third time, and passed.

would be better to repeal the law creating the grossed for a third reading, and was read the third time, and passed.

LEGISLATIVE, ETC., APPROPRIATION DILL.

court, if this proviso is to prevail.

The amendment was agreed to.
Mr. MORRILL, of Maine. I move that the
REMOVAL OF CAUSES FROM STATE COURTS.
Senate take up the unfinished business of yes-

Mr. TRUMBULL, I now call attention to Mr. EDMUNDS. I move to take up the terday.

the amount appropriated by this bill for the bill reported by me the other day from the The motion was agreed; to and the Senate,

Court of Claims: Committee on the Judiciary for the removal as in Committee of the Whole, resumed the

For payment of judgments which may be rendered of causes in certain cases from the State courts

11 by the court in favor of claimants, $100,000. consideration of the bill (H. R. No. 605) makto the United States courts. ing appropriations for the legislative, execu

There was appropriated last year $ 700,000. Mr. HENDRICKS. That bill ought not to tive, and judicial expenses of the Government

I understand that only about five hundred thou. be taken up now. It is a bill that will attract for the year ending ibe 30th of June, 1869.

sand of that $700,000 bave been used. The a good deal of attention and a good deal of Mr. MORGAN. I ain instructed by the

judgments of the court which have been paid discussion. I think it ought to be discussed, joint Committee on the Library to offer two or

only amounted to about five hundred thousand and it is impossible for me to discuss it to day, three amendments. The first is on page 11,

dollars. There are, however, a number of for I am searcely able to be here. line two hundred and fifty-four, to increase

cases pending in the Supreme Court of the Mr. EDMUNDS. It will be absolutely im- the appropriation for the Botanical Garden,

United States on appeal from the Court of possible to discuss the bill properly until it is grading, draining, for procuring manure, tools,

Claims, and I am informed that if one half taken up; but do I understand my friend to fuel, and repairs, and purchasing trees and

of them should be sustained by the court it say that he is unwell to-day? shrubs, under the direction of the Library Com.

would exhaust the past appropriation, so that Mr. HENDRICKS. Yes, sir. mittee of Congress," from $3,300 to $5,400.

there would be leit only this appropriation Mr. EDMUNDS, I withdraw the motion The amendinent was agreed to.

of $100,000 to meet the judgments of the if my friend is not able to discuss the bill now.

Mr. MORGAN. I am instructed by the

next fiscal year. The estimate made by the CENTER MARKET. same committee to offer another amendment on

court as necessary to meet its judgments was

$500,000. Mr. CORBETT. I move to take up Sen- on the same page, in lines two hundred and

That estimate, I understand, on

inquiry, is made up by an examination of the ate bill No. 394, which was reported from the || fifty-seven and two hundred and filiy-eight to Committee on the District of Columbia in Feb. strike out $7,374 96 and insert $11,296 as

cases pending in the court and their character, the appropriation “for pay of superintendent | those cases.

and as to what might probably be recovered in It is a bill which provides for the

Their estimate is $500,000. I removal of Center market upon Pennsylvania | and assistants in the Botanic Garden and Greenhouse, under the direction of the Library

think that amount should be put in the bill, The motion was agreed to ; and the bill (S. Committee of Congress.

and I will move that the word "one,” in line No. 394) to provide for the removal of the Cen

The amendment was agreed to.

two hundred and sixty-eight, be stricken out

and “ fiveinserted. It would seem to me & ter market, in the city of Washington, and for Mr. MORGAN. I am also instructed to the erection of a market building in a more

very expensive thing to keep up a Court of offer the following amendment, to come in at Claims which costs, I suppose, $50,000 annually suitable locality, was read the second time, and the end of line two hundred and fifty-eight, on to adjudicate on claims only to the amount of considered as in Committee of the Whole. It

$100,000. authorizes the Commissioner of Public Build.

For the expenses of exchanging public documents Mr. FESSENDEN. I should like to inquire ings to cause to be removed within twelve for the publications of foreign Governmenis, as promonths all the buildings, sheds, and tenements vided for by resolution approved March 2, 1867, $1,500.

of my friend from Illinois if it is not dangerous of every description now located on the Gov. The amendment was agreed to.

lo appropriate so much money and leave it to

the discretion of the Court of Claims; whether ernment reservation on Pennsylvania avenue, Mr. MORGAN. I now offer the following we ought not to specify what particular cases between Seventh and Ninth streets west, and amendment, to come in as an additional sec. they shall decide! It looks to me to be a little occupied as a city market, or for other purtion :

dangerous to leave so great a discretion. Is poses, and to cause the reservation to be in- And be it further enacted, That no statuary, paintclosed and preserved in the same manner as ings, or other articles, the property of private indi

there not danger of great fraud and abuse? viduals, shall bereafter be allowed to be exhibited

The Senator proposes to leave $500,000 to the other reservations now under his charge. The in the Rotunda or any other portion of the Capitol

discrezion of this Court of Claims without materials of the present market building are building.

specifying how it is to be applied, and in what be turned over to the mayor of the city of Mr. SUMNER. That is a very good amend. particular cases ! Washington for such public purposes as may ment.

Mr. TRUMBULL. The Senator from Maine be deemed proper under the direction of the The amendment was agreed to.

undoubtedly would like to compare the procorporate authorities of the city; and they are

Mr. TRUMBULL. I move to strike out the | ceedings of the Court of Claims, where cases to enter upon and occupy, as a permanent site

proviso on page 12, lines two hundred and are tried and counsel employed, where the for a market-house, all of that portion of the sixty-nine, two hundred and seventy, and two

Government employs attorneys to defend it, public reservation, or so much thereof as muy hundred and seventy-one, as follows:

and where the judgments are rendered after an be necessary, bounded as follows: commenc

Provided, That no judgment of said court for any

investigation and the examination of witnesses, ing one hundred feet south of the southeast

sum exceeding $5,000, shall bo paid out of this appro- with the placing of $500,000 in the hands of corner of block three hundred and fitty, as priation.

some officer of the Government alone to dis. marked on the plat of the city of Washington; Mr. President, it will be seen that by this tribute as he thought proper. The edurt only thence west five hundred and eleven feet and proviso the judgments of the Court of Claims | gives judgment on cases that are brought before four inches to a point one hundred feet south for which an appropriation is made are not to it, and has no discretion. I believe, to give the of the southwest corner of block three hundred be paid in case ibey exceed $5,000. The

money to favorites or distribute it in any par. and twenty-four; thence south one hundred effect of that, of course, would be to bring all ticular way to increase the salary of anybody, and seventy feet along the east side of Twelfth those cases to Congress, and we might as well However, I have no interest in it more than street west ; thence east five hundred and dispense with the Court of Claims altogether. | anybody else. eleven feet four inches to a point on the west There is no reason why a judgment for $6,000 Mr. FESSENDEN. I merely wished 10 side of Tenth street west; thence north one should not be paid as well as one for $5,000. hundred and seventy feet to the place of be- An appeal lies to the Supreme Court in every

suggest to my friend, in his care, these matters

for his consideration. Of course I do not want ginning. For the purpose of erecting such case over three thousand dollars at any rate.

to interfere with any business which comes

ruary last.

avenue.

page 11:

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from the Committee on the Judiciary. They || by those who have examined it, and on con- should all agree with the conclusion arrived at
have probably looked into this matter; but sultation with Mr. Paschal it is found that we by the Seuator froin Vermout and the Senator
yet, as no money can be drawn from the Treas- can purchase ten thousand copies of it, to be from Oregon if the view presented by them
ury except in pursuance of law to meet par- placed in the hands of members of the Senate was the true view of the subject. If this was
ticular subjects appropriated for, I did not and members of the House of Representatives, a proposition to appropriate $15,000 for our
know but that my friend might consider it dan- and purchased through the Secretary and Clerk own accommodation, convenience, and profit,
gerous: I thought, therefore, I would suggest of the two Houses, for the sum of $15,000. I trust that every Senator would vote against
it to him, in order that he might perceive | That is $i 50 a volume; and the committee this amendment. But that is not the way the
and carefully consider the danger of leaving instructed me to recommend the purchase of it. subject strikes my mind. We certainly do not
$500,000 to the Court of Claims--the danger Mr. HOWARD. I ask that the amendment want ten thousand copies for our own accom-
of favoritism. No one knows how that court offered by the Senator from Illinois be again modation. One copy for each Senator would
may decide in a particular case.
reported.

be all that is necessary in that point of view. Mr. TRUMBULL. An appeal can be taken The Chief Clerk read the amendment. The object of this amendment is to furnish the to the Supreme Court in all cases now, I Mr. MORRILL, of Maine. I should like to Senators and Representatives with a limited believe.

inquire of the Senator from Illinois whether number of this valuable book, in order that Mr. FESSENDEN. If my friend is satis- this is recommended by the Judiciary Com- they may place it in societies and in the liands fied I am. I do not wish to raise a question || mittee?

of here and there an iudividual perhaps among about it.

Mr. TRUMBULL. Yes, sir; and notice their constituents, so that the people of this Nr. MORRILL, of Maine. This is a prop- was served long ago on the Committee on country may become better informed not only osttion to increase the appropriation; and I || Appropriations.

with the Constitution, but with that vast amount do not understand the Senator to make it from Mr. MORRILL, of Maine. I remember that. of law which has accumulated explanatory of any committee.

Mr. TRUMBULL. The Committee on the the Constitution. That is the great object of Mr. TRUMBULL. No, sir; and if there Judiciary recommend that this appropriation the amendment, and I think that it would be is any objection to it I do not propose to make be made.

of incalculable value at this time in the southern it at all. I suggest it for the consideration of Mr. HOWARD. Mr. President, I do not States as well as in the other States that there the committee. I should think it was one of wish to throw any unnecessary obstacle in the should be a limited number of these books those things which ought to be corrected. way of this amendment, if it be a proper one; distributed. This is a Government resting on

Mr. MORRILL, of Maine. It cannot prop- but I cannot myself see the propriety of appro- the Constitution, and nothing can be more im. erly be moved unless it comes from a com- priating $15,000 to purchase ten thousand portant than that the people should understand mittee.

copies of Mr. Paschal's work. I have looked its principles. Mr. TRUMBULL. I have some other amend- at the book myself, rather cursorily, to be sure, Another view and object of this amendment, ments to offer if the Senator objects to this. and I am satisfied that the author has bestowed doubtless, is to encourage and measurably,

Mr. MORRILL, of Maine. I think I shall great labor upon it; but whether it is worth perhaps, compensate for the arduous labor raise the question under the rule on this prop: while for Congress to patronize to that extent which has been bestowed upon the work; but osition. I object to it.

the book enterprise of a private individual is that is a subordinate view of the subject; the The PRESIDENT pro tempore. The amend- another question entirely. I would not refuse main object of this amendment is to place this ment is withdrawn.

my aid to furnish any necessary law book to book in the hands of clubs and societies, so Mr. TRUMBULL. I understand the Sen- members of the Senate or members of the that the people may be informed as to the Conator from Maine to object to it as not coming House of Representatives; but I cannot see stitution. within the rule. It is based on an estimate; the propriety of Congress embarking in such As to the book itself, from what examination but having offered the amendment to-day, and an enterprise as this. I do not think it will || I have given to it it seems to me to be of the the Senator having received notice of it, I may, pay in the end. I differ in this, perhaps, from highest order; and the very fact that it is in perhaps, renew it if the bill should be contin- ihe view taken of it by my honorable friend such a compact form, the print so fine that it ued until to-morrow. I now move to amend from Illinois. I should like to have some further can be afforded cheap, was made an objection the bill by inserting on page 29, after line six explanation on the subject. I do not need Mr. in the committee, but it is not a book which hundred and ninety-six, the following: Paschal's book myself particularly, although you want to read through continuously from

For services of the clerk of the district court of the it may be a convenient manual on the Consti- beginning to end. It is principally wanted for northern district of Mississippi, as keeper of the rec- tution. I can get along without it.

reference, and its very compact form is an ords and files of the land office at Pontotoc, Mississippi, from June 4, 1866, to June 4, 1868, $500; and it

Mr. MORRILL, of Vermont. If we do need advantage that it possesses. is hereby made the duty of said clerk, on the pas

it, it is just such a book as each Senator and This is no new proposition. I am informed sage of this act, to transfer the records and files afore- Representative may very well put his hand in that Congress has from time to time voted fifty said to the register of the land oflice at Jackson, Mississippi: and the nineteenth section of the act of

his pocket and pay for. I trust we shall pass thousand copies of Hickey's Constitution, and March 3, 1853, entitled "An act making appropria- no appropriation for books of this kind or any I really think that this is a great deal better tions for the civil and diplomatic expenses of the other kind at this session of Congress.

thing than that, inasmuch as it contains the Government for the year ending the 30th of June, 1854,” be, and the same is hereby, repealed.

Mr. WILLIAMS. I should, of course, defer decisions of the Supreme Court, and is much The amendment was agreed to.

to the judgment of the Judiciary Committee more elaborate. I trust the amendment will

upon any question of law; but this appears to be adopted. Mr. TRUMBULL. I offer another amend. be a question involving an appropriation of Mr. HOWE. Mr. President, I should be ment, to insert on page 9, after line two hun. dred and three, the following:

money for the purchase of a certain book. I sorry to see this appropriation made. My esti

think that complaints are justly made against mate of the value of the book, I think, is not To enable the Secretary of the Senate and Clerk of Congress for appropriations of this descrip below that of the Senator from New Jersey ; the House of Representatives to purchase, for the use of tbe Senate and House of Representatives, ten

tion. I know that it I need a book of this but I think the Senator from New Jersey will thousand copies of Pasebal's Annotated Constitution

kind I can purchase one for my own use; agree with me that its value consists mainly in of the United States, $15,000.

and I presume that is true as to every other its adaptability to the wants of the legal proMr. President, I will state to the Senate, what member of Congress ; and all the inform- fession and to members of legislative bodies. perhaps everybody knows already, that Mr. ation that may be derived from this book can The annotations are very concise ; they sug. Paschal has prepared a publication of the Con- be obtained from books to which all the mem- gest to a lawyer, to a professional mind, where stitution of the United States with annotations, bers of Congress have access in the law library; the interpretations and adjudications upou parreferring to all the decisions which have been and so far as information is concerned that we ticular points may be found; but I think the made construing the different provisions of the need here for the transaction of our official Senator from New Jersey told the truth when Constitution. It is prepared with a great deal

duties we have an ample opportunity to con- he said it was not intended for general reading. of care and contains a vast deal of material. sult the libraries that are placed our disposal. I think it is a book which you would scarcely The only objection that I know of to the work- I should be glad to some extent to patronize expect a man to take up and read, any more I

presume the book has been placed in the this enterprise. I have looked at the book, than you would expect him to take up and read hands of most Senators—is that it is published and regard it as a valuable contribution to the a dictionary. It is valuable to the lawyer; it in very fine type, too small

. If it were pub- law literature of the day ; but I do not think is valuable to the statesman ; it is convenient lished in type of the same size as that used in that Congress ought, for the mere convenience for reference, I think. I thought so, and I the publication of our statutes it would make a of its own members, to appropriate $15,000 bought it, and I think I got the worth of my Yolume as large as the volume of Statutes which for the purchase of this book. It is simply, money; and I think any other lawyer, or any I hold in my haud.

That was one objection as it seems to me, taking so much money and other statesman, who will buy it will be satiswhich some members of the Judiciary Com- putting it into our pockets ; for there is not, fied with his bargain ; but I think if the Legis. mittee had to purchasing any copies of it. The in my humble opinion, any necessity that each lature were to appropriate the money to buy ten copies of Hickey's Constitution, which is a member should be furnished with this book. It thousand copies, and distribute them, it would very valuable work, are becoming exhausted ; | consists, as I understand, of a compilation of make a bad investment. We could apply the and there is no book of more value to mein- the decisions that have been made by the dif- money in a great many ways to better advanbers of Congress and the public than the Con- ferent courts in construing the Constitution of tage than that. stitution of the United States with these notes the United States, very valuable, no doubt, Mr. DRAKE. Mr. President, I have two oband references to every decision that has ever for reference; but it will, of course, be found jections to this amendment. One is that the price been punde involving a construction of the in the libraries of Congress, and that ought to to be paid for these books, if the amendment Constitution. I shall take up no time in speak- || be sufficient, it seems to me, for our use. should be adopted, is a very exorbitant one. ing of the work. It is very highly commended Mr. FRELINGHUYSEN. I suppose we I am satisfied that the price to be paid is three

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times the cost of the manufacture of the book. ever, that we have not gone beyond that. Here as my vote and influence, if I have any, go, The result of the amendment, if it is adopted, is a proposition to accept the work of a gen- this amendment. I do not think this is the is to put some ten thousand dollars of clear tleman who makes what is considered a valu- | time when we can indulge in luxuries, or, if profit into the pockets of the proprietors of the able work, a law book, and purchase it in con. you please to call them so, usefal necessaries work, whether the annotator or some book | siderable quantities for distribution. The com. of this description. The book is a good book, firm that has engaged in the publication of it. || pilation of the Constitution and of matters cog- and there are a thousand other good books,

The second objection I have to it is to any nate to the Constitution, referred to by the and it would be a very fine thing if everybody such thing being done at the expense of the Senator from New Jersey, made by Hickey, is had it; but I feel very sure that my constituents

Fitbang Government of the United States. I think a peculiar case. It is not like this. We know do not want to pay taxes for the purpose of that such enterprises should stand upon their something of the history of that. I think that having another copy of the Constitution sent own footing and upon their own merit, and is an excellent book, and I wish very much we into Vermont. We have a good many copies not be cked out this way from the Treasury of | could have a reprint of it. I found with great of it there already, and have had for a great the nation; and I call upon those Senators who difficulty this winter one copy of it in an odd many years ; and also of the decisions that have been so accustomed to talk about the store, and I paid an odd price to get it. It is l have been made upon it. When the whole

museli condition of the public Treasury and about out of print, I understand. That, however, country is groaning under taxation, and when economy to look here and say what public good was a peculiar case.

every additional dollar in an appropriation bill is to coine froin the expenditure of $15,000 to But now, Mr. President, I wish to make this is an additional burden upon the people, whom buy ten thousand copies of this book. We suggestion to the Senate, which I consider, be. my friend from Indiana loves so well, I think

an die dist should, under that arrangement, probably be yond the mere expenditure of the money, the it is high time that we should pause in this entitled to forty, or fifty copies apiece, and unwholesome feature ofthis case: once establish matter of book-making, and endeavor to brmg

di rap fu what should we do with them? Send them to that applications of this sort are to be enter- up the balances of arrearages that now exist that number of individuals in our respective tained and to succeed on account of the merits in the revenue before we enter upon schemes States. Where is the public benefit that is or the pertinacity of the person or the sympa

of this kind. The fact that we have, unwisely pe derived from a transaction of that kind? I do thy which may be enlisted for him, and every or otherwise, hitherto indulged in the luxury not see it; and least of all do I see any neces. sort of book-maker comes here. It is not only of printing and publishing and buying books

anal sity for paying $1 50 à copy for a book that Lanman's Dictionary of Congress, which has for the people, such as have been named, is no does not cost fifty cents a copy to manufacture. eventually been dispensed with, I believe, but argument in favor of this proposition. Un

Mr. CONKLING. Mr. President, this pro- the author of every sort of book, however remote doubtedly there have been great aboses of that posed appropriation comes, it seems, from the it may be, it it relates to any subject command- | kind, and this will be another, under existing Committee on the Judiciary. I was not aware ing the respect of Congress, comes here asking circumstances, in my opinion. I am very that such an amendment had been recom- that he be assisted ; and if authors are to be sorry, indeed, that my friend from Illinois bas mended by that committee. I was present in assisted, why not artists? Why not men ex- offered the proposition. the committee on two or three occasions when cellent in the fine arts as well as in law or in Mr. FESSENDEN. When I first came to the proposition was considered, and when literature ?

the Senate it was the fashion to publish every: various amendments with regard to it were I submit, sir, that the whole thing is beyond thing that originated under any action of Con

TO submitted, none of which commanded the ap- any province which we can fairly assume; and gress in the way of exploring expeditions, proval of a majority of the committee; and I therefore, without criticising this book at all, || boundary surveys, Pacitic railroad surveys, was not aware that it had been brought up 1) without denying that it would be valuable to and all such matters, and the expense was very afterward, and a recommendation made; it must members of Congress and to others, I shall vote enormons, and the benefit, in my judgment, have been when I was absent. Being a mem- against this appropriation, and I hope it will comparatively slight. It was also the fashion ber of the committee from which it comes, I not prevail either for its own sake or for the occasionally to purchase other books manu. wish to express my dissent to the amendment. Il example it will set.

factnred out of Congress and bot under the I should be very glad to see the gentleman Mr. HENDRICKS. Mr. President, if this direction of any officer of the Government, but who has compiled this book, evidently with a were a new question I suppose I should oppose that was not carried to any very great extent, great deal of labor, receive from some source the buying of any books; but this is a m Hickey's Constitution is the only instance I a recompense and a profit for his work; but I too well settled now for any member of Con. recollect of a book purchased by Congress in see no principle upon which he ought to receive gress to raise a question about it. A number large numbers, and that was stopped soon after it from us.

'If the book is to be bought upon of years ago a large number of copies of a I came to the Senate; it was thought tbat that the theory that it is valuable to the members Digest of the Constitution was purchased by || had gone far enough. I am not aware of any of the two Houses, then it is a discrimination, | Congress for distribution-Hickey's Constitu- instance of the kind since that time, except in I submit, wholly arbitrary between this book tion, I think it was called--and a few years the case of Lanman's Dictionary, and I sup: and many others more indispensable, which we since Lanman's Dictionary of Congress was pose the peculiar reason for purchasing that are compelled to resort to the public library to bought, being a book giving the biographies of was that it contained something about ourselves look at, or else to buy, unless we do without them members. Then we publish at the Govern- that it was thought imporant to communicate altogether. During my service in Congress I ment Printing Office matter by the ton, and to everybody, as far as possible. I cannot have purchased a great many books which I | by the hundreds of tons, I suppose. This is a

give any other reason for it. But, sir, I was found indispensable. I have done so this good book; a very valuable work. It is a very not in favor of any of those propositions; and winter, I could enumerate them if it were limited view of the case to suggest that mem- the effort has been of late years, instead of worth while, and Senators would see that they bers want it for their own use. I suppose no buying other people's books, because we pubare much more useful and much more indis- Senator really thinks anything of that'sort lished too many of our own, as suggested by pensable than this book. Therefore I say, if when he makes the suggestion. There is no the honorable Senator from Indiana, to see if the idea is to furnish to each Senator and such purpose as that, of course. It is for the we could not cut down the number. His argumember of the House of Representatives facil- same purpose that we order tons of worthless ment seems to be that because we waste a great ities for information, it would be better to matter to be printed and published and sent deal of money publishing books that we get up appropriate a sum of money and allow each out among the people. Here is in a succinct ourselves, and which are of no value, therefore member from that sum to help himself to the form a great deal of information. Ten thousand we should spend an additional sum in buying books which his convenience and exigencies copies will cost $15,000, while we print books books got up by other people. The argument most require.

costing much more which are really not worth does not strike me as a sound one. If we pube But if the idea suggested by the honorable the space they occupy in our libraries, which lish so many useless books ourselves, as we Senator from New Jersey is the true one, that are never opened afier they go away. This is unquestionably do, I think it is rather an arguit is to be purchased for popular distribution, a useful book, and I prefer in buying or pub. ment why we should attempt in some way to then I submit that this proposition is indefen- | lishing books to take care, so far as possible, reform that abuse instead of adding another sible. Why? Because although the book may that they shall be useful. This book presents abuse to it. The publication of large books be excellent there are a great many other most in a succinct form, well arranged, all the au- of surveys with plates was stopped some time excellent books which it would be well to dis- thorities on the Constitution of the United

ago; and we have been endeavoring to reduce tribute, but which nobody proposes to buy at States. When there is so much controversy

our expenses in that way, but there is still room public expense. For example, we have never in Congress and elsewhere in regard to the for improvement in other particulars. distributed the Scriptures, and yet we cannot proper construction of the Constitution it I belong to that illiberal class of persons shut our eyes to the fact that large portions of seems to me it is well enough to throw out who think that the matter of the education of this country are greatly in need of the Scrip- among the people in such a forin as this some people is not a subject that comes exactly tures, the Old Testament and the New, and information of it. It is very much better than within the regulation of the General Governpossibly portions of the country which have to be printing reports of explorations and

ment; that the subject of education had better representatives here to speak for them. I do

reports of boundary surveys containing exhinot venture to speak for them, as I have no bitions of birds and insects and creeping | taken care of there ; íhat when we take it into

be left to the States; that it would be better personal knowledge of any region so benighted. I things that cost enormous sums of money, and There are many other books which would be that are only useful to amuse the children of somewhat of the efforts made on the part of very useful, but we do not buy them. We conthe people at their homes. Here is a useful

the States to educate their people, and we shall fine our book distribution to books made here | book, and I think it is proper that we should

be imposing upon the Goverument a great and the departmental books, and I have long aid in its publication and distribution.

additional burden rather to the injury of eduthought that there was a fair field for criticism Mr. EDMUNDS. As one member of the cation than for its benefit. The proposition and discussion there. Suffice it to say, how. Judiciary Committee, I wish to oppose, as far

to have an educational bureau with a Commis

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sioner of Education at its head did not com- priations of public money for many branches far as I am concerned, I know of nothing that mend itself to my mind, and did not meet my of the public service we ought not to make | gives the people so much gratification as to approval or my support Congress, however, this investment. I disagree a little with the receive public documents from members of decided upon it, and it is done. I hope the Senator from Maine in one respect; and that is Congress upon important questions which affect experiment will prove beneficial in its results ; this: where the Congress of the United States their interests and their welfare. The discre. but I doubt very much whether it will do any order work to be done, investigations to be tion which ought to be used is this, I think : good. I think it will be more likely to produce made, contributions, if you please, of knowl. it should be to patronize authors and the arts. evil than good. That is my opinion about it. ) edge for public purposes, I think an invest. For instance, if a valuable work will not sus

Now, sir, I really hope we shall not again ment of public money for the publication of tain itself, it it will not pay for itself, and the begin the system of buying books. This may the ascertained facts is a part of the work and country must lose the benefit of that work unless or may not be a good book; I know nothing necessary to be done and a good expenditure some aid is given to it by Government, whether about it. From what I know of the author I or investment of public money.

it be a monarchy or a republic, in that case it should think it probably was a good book, Mr. TRUMBULL. This seems to be treated ) is the duty of Government to lend its aid in because I regard him as an able man. But, as if it was a new principle and embarking in order to secure to the people the benefit of a sir, that is no reason in my judgment why the purchase of books.' If it would suit the good production. Congress should again begin this business of Sepators from California and Maine and New I very well remember that Hickey's Consti, buying books tbat are compiled by individuals York any better we could change this amend- tution was received throughout the country as to be distributed among the people. What ment so as to direct ten thousand copies of this a valuable book, and was so prized, not only will ten or fifteen thousand dollars spent in work to be printed, as we do every day here by professional men, but by the people. It was ibis way for books to be distributed by Con- on the motion of any member, almost of any. a good book to circulate. It conveyed to the gress do toward the education of the people thing that is sent here.

firesides of the people a knowledge of the Con. We shall send them perhaps to a few libraries Mr. CONKLING. You cannot do that with. stitution upon which the Government is based. that are perfectly able to buy one apiece them. out buying the copyright.

This book, as I understand it, is to some extent selves, or to individuals, or school districts Mr. TRUMBULL. We could buy the copy. to supersede Hickey's Digest of the Constituthat are able to purchase them for a dollar and right; that would cost but little; and that was tion. I am not very much inclined to vote for a half or two dollars. It will go a very short one of the propositions suggested in the Judi- the publication of this book, because I see it is distance, and produce comparatively but very | ciary Committee. There were two members a small book, and it might have been laid upon little good. I have seen very little good aris. of the Judiciary Committee opposed to this the desk of every Senator, so that he could have ing from the distribution of books by Congress; I amendment; I was aware of that; but a ma- examined it and investigated it, and seen and even if good might arise from it I dislike | jority of the committee were always in favor whether it was proper for publication or not. entirely the system. It is a bad plan to spend of procuring in some form for the use of Con- [Laughter.] public money for the purchase of books to be gressa republication of the Constitution. Those Mr. EDMUNDS. The Judiciary Commitdistributed by members of Congress. It only two members of the comraittee expressed their tee only received copies. leads to expense, creates an additional burden dissatisfaction there, and have done it here to- Mr. YATES. I an told they were confined on the Treasury, and I do not think the good day. If the Senate do not think it proper to entirely to the members of the Judiciary Com. derived from it is at all adequate to compensate have a republication of the Constitution of mittee, and we must take their word that the for the evil that arises from establishing or course they will vote down this amendment and book is a good one. But, sir, the subject-matencouraging any such system.

they would vote down the proposition in the ter is a proper one. I presume the book is one We had before the Committee on the Library other form. The committee have carefully con- which will not sustain itself to be sold in the a similar application for the purchase of a book | sidered the matter, a majority of them knowing market. It is of that character, and contains compiled for the use of schools principally, that Hickey's Constitution was out of the mar- that kind of information which is useful to prosomething in the nature of a law book, by a ket, difficult to obtain. They regard that as a fessional men; and whatever is useful to progentleman in New York. He wanted Con- very valuable book ; I find it so; and regarding fessional men is useful to the public. gress to

urchase one copy for every school this as still more so with its references and Mr. CONNESS. Oh, no. district in the United States, and offered them annotations, a useful book to all public men, Mr. YATES. As a general rule, every book at a very low rate, hardly exceeding, if it was and it being supposed that to republish it would that is useful to the professional man is also up to the cost of the manufacture of the book be more expensive than to purchase copies of useful to the people, whether they understand itself. I was opposed to the proposition, how- the book already published, the committee it or not. It is necessary that those classes ever, and so were the committee. I do not recommended the proposition in this form. I should have the information, and thus impart know that they reported upon it; but it met care nothing about it more than any other the benefit of it to the community. with no favor; and it met with no favor for Senator. I thought it was a proper purchase Mr. FESSENDEN. Why not ciroulate the rcason I have stated, that we thought the to make, and a useful book for the benefit of Chitty or Blackstone for the same reason? system was a bad one, and Congress ought not the Senate.

Mr. YATES. I do not propose to circulate again to begin in a course of action which had Mr. YATES. Mr. President, I am consid. Chitty's Pleadings or Blackstone or Story's once been abandoned as not only useless com- ering how I shall vote on this matter. I have Commentaries on the Constitution ; but I reparatively in itself, but as a bad practice. In heard so many speeches that I think it not peat, I am in favor of a liberal publication by this case, then, however well I may think of improper to submit my own views to the Sen | Congress of all important works, and I say to the author, I really bope the Senate will not I think there is a medium view to be the Senator from Indiana (Mr. HENDRICKS] begin again to purchase books for distribution. taken of this subject of printing books. I that I am willing to make publications of ex

Mr. CONNESS. Mr. President, I suppose think that the Congress of the United States || plorations and surveys; for I think if my friend that enough has been said on this subject. should not become a publishing house to pub- 1 from Vermont would read a little more of the

appears to be a majority of opinion, I lish all good books for circulation and for the great Westshould judge by what I have heard, against benefit of the people. On the other hand, I Mr. EDMUNDS. I do not find that in the the purchase of this book. I am glad that that think that Congress should use a wise discre- Constitution. I am not in favor of the invest- tion, and should be, to some extent, a patron

Mr. YATES, I mean the other Senator from ment, vor have I been in favor of the purchase of authors, and, if the Senator from New York Vermont--he would not oppose the admission of other books that have been authorized by pleases, of the fine arts. I do not see why a of Colorado into the Union. [Laughter.] Congress. The Senator from Maine tells us republican Government should not patronize Mr. MORRILL, of Vermont. I suggest to that he supported the purchase of Lanman's ) authors and the fine arts as much as a mon- the Senator from Illinois that he divide this Dictionary because it told the country some- archy or any other Government, especially if work, and have half of it for geography. I am thing about him.

there is as much ability with Congress as there sure that we need as much information on the Mr. FESSENDEN. I believe the Senator is with crowned heads and aristocracies. subject of geography-certainly I do-as in re. misrepresents me. I said I could not see any

Mr. FESSENDEN. We have made appro. spect to the Constitution. [Laughter.] other reason for buying it; but I was not in priations for the fine arts; to Vinnie Ream, Mr. YATES. I was about to say that whatfor instance.

ever information is important to the country Mr. CONNESS. I beg the Senator's pardon.

Mr. YATES. Yes, sir; and very properly, should be published by Congress with a liberal Mr. FESSENDEN.°I was referring prob- I think. I hope the Senator himself will be hand. But, sir, I do not propose to continue ably to the Senator himself and others who satisfied in the course of time that that was a the debate.' I think that this work is a proper supported it.

judicious appropriation, and I believe he will subject of publication. We need such a work Mr. CONNESS. It happened to be my part be if he does not prejudge the case before a throughout the country, and I shall vote for also to oppose that publication, for I really

did fair experiment has been made. If he is as this amendment with great pleasure. not believe it could say anything about me that

liberal and generous to the young, the aspiring, Mr. MORTON. It occurs to me, Mr. Preswould be of any service to anybody, and least and the deserving as he ought to be, and as i ident, that there is a very broad distinction of all perhaps to myself. [Laughter.] I am believe the real merit of that artist justifies, I between the publication of documents by Consorry that I misunderstood the Senator, but I think he will not regret that appropriation. gress, reports of scientific explorations made am glad to find that we agreed on that prop- But, sir, I was about to say that I believe

in pursuance of laws of Congress in regard osition. I hope, sir, that we shall not invest Congress should exercise a wise discretion in

to our own Territories and minerals, explorain the purchase of this book, however useful the matter. I have never heard of complaints tions made by our Navy, and other informit may be, that we may simply add it to our on the part of the people that Congress pub- ation which would not be given to the world libraries and have a few to distribute. I think lished too much and expended too much for except through the action of Congress, and the that while we are cutting down needed appro- information circulated among the people. So Il purchase of a work of this character. I believe

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