The PRESIDENT pro tempore. That order will be entered.

Mr. FRELINGHUYSEN. I move that the Senate proceed to the consideration of House bill No. 1129.

Mr. EDMUNDS. Is the morning business through?

The PRESIDENT pro tempore. I do not hear of any more. If there is any more it must be attended to, as the morning hour has not expired. The Senator from New Jersey moves that the Senate proceed to the consideration of the bill (H. R. No. 1129) for the relief of the widow and children of James A. Mulligan, deceased.

Mr. EDMUNDS. I hope the Senate will not proceed to the consideration of that bill at this time. I have no objection to the bill. I believe I am in favor of it from the statement that has been made to me; but I wish to call the attention of the Senate to the joint resolution which I have moved to take up, and if the Senate shall choose not to take it up my duty will have been performed, and I shall leave it then; but that is a resolution which is to regulate the counting of the electoral votes from the States lately in rebellion, and to provide that the loyal governments set up by Congress shall be the ones that shall be recognized in that count, not the rebel ones that the President of the United States claims to be the true governments. I hope, therefore, that the Senate will not proceed with this private bill, but will take up the joint resolution I have named, which, if it is to be acted upon at all, must be acted upon now, obviously. That is all I have to say.

Mr. FRELINGHUYSEN. The bill which I have moved to take up will occupy but a very few minutes, and then the Senator from Vermont can proceed with the consideration of the resolution that he has named. There is nothing so pressing about it that we cannot take a few minutes to pass this bill.

Mr. POMEROY. There are a great many private bills that ought to be considered, and we ought to have a day set apart for their consideration. The bill referred to by the Senator from Nebraska, and also the one that the Senator from New Jersey has in charge, are very important, and I should be glad to vote for them both as private bills; but there are several public bills that ought to be considered, and if we cannot proceed with them after one o'clock we ought to proceed with them in the morning hour. I have one in my hand now, and there are several others. I think we should not allow the morning hour to be spent on a private bill at this time, but should have a day set apart when we can consider them all.

Mr. FRELINGHUYSEN. Why, Mr. President, the morning hour belongs to private

business.

The PRESIDENT pro tempore. The question is on taking up the bill mentioned by the Senator from New Jersey.

The motion was not agreed; to there being on a division-ayes four, noes not counted.

EVENING SESSION FOR PRIVATE BILLS.

Mr. EDMUNDS. That being given up, I move that the Senate proceed to the consideration of the joint resolution I have named, a joint resolution (S. R. No. 139) excluding from the Electoral College votes of States lately in rebellion which shall not have been reorganized. The motion was agreed to.

Mr. THAYER. I ask the Senator from Vermont if he will yield to me long enough to enable me to submit a motion with a view of accomplishing a purpose which the Senator from New Jersey and myself and others have in view? I desire to make the suggestion to see if it will meet the approbation of the Senate.

Mr. EDMUNDS. What is the motion?

Mr. THAYER. I will state it: that we have an evening session this evening to consider the bill which I have named, for the relief of Mrs. Jones, and also the bill in favor of Mrs. | Mulligan, and other private bills.

Mr. EDMUNDS. If this joint resolution can be laid aside informally for that purpose, I have no objection.

Mr. THAYER. I move, then, that the Senate take a recess to-day until half past seven o'clock this evening, in order to consider the bills which I have named and other private bills.

Mr. FESSENDEN. I suggest to the Senator to fix the time of taking a recess; that the Senate at five o'clock take a recess until half past seven o'clock.

Several SENATORS. Say half past four.

Mr. FESSENDEN. From five o'clock will give us two hours and a half, which I think will be ample.

Mr. THAYER. Very well; I will put my motion in this form: that the Senate take a recess at five o'clock until half past seven o'clock, for the purpose of considering in the evening the bills that I have named and other private bills.

Mr. RAMSEY. Will not the Senator say half past four o'clock? That is a better hour. Several SENATORS. Oh, no; let it stand as it is.

The PRESIDENT pro tempore. It is moved that the Senate take a recess at five o'clock until half past seven o'clock this evening for the purpose of considering private bills. The motion was agreed to.

MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by Mr. CLINTON LLOYD, announced that the House had passed the following bills, in which it requested the concurrence of the Sen

A bill (H. R. No. 348) to provide for holding terms of the United States district court for the western district of Missouri at St.

Joseph and the city of Kansas in said States;

A bill (H. R. No. 446) to amend an act entitled "An act to create the eastern judicial district of the State of New York," approved February 25, 1865; and

A bill (H. R. No. 1046) making appropriations for the repair, preservation, and completion of certain public works, and for other purposes.

ELECTORAL VOTES OF LATE REBEL STATES.

The Senate, as in Committee of the Whole, proceeded to consider the joint resolution (S. R. No. 139) excluding from the Electoral College votes of States lately in rebellion which shall not have been reorganized. It provides that the States of Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, and Texas, respectively, shall not be entitled to representation in the Electoral College for the choice of President or Vice President of the United States, and no electoral votes shall be recognized or counted from any of such States, unless at the time prescribed by law for the choice of electors the people of such States, pursuant to the acts of Congress in that behalf shall have since the 4th day of March, 1867, adopted a constitution of State government under which a State government shall have been organized and shall be in operation, and such State shall have also become entitled to representation in Congress pursuant to the acts of Congress in that behalf.

The Committee on the Judiciary reported the joint resolution with an amendment, to insert after the word "operation," in line fourteen, the following words:

And unless such election of electors shall have been held under the authority of such constitution and government.

The amendment was agreed to.

Mr. TRUMBULL. Mr. President, I regard the joint resolution under consideration as one of very great importance. I think that some legislation on this subject is necessary; but as I did not, in the Committee on the Judiciary,

agree to the joint resolution in the shape it is reported, I think it proper that I should state to the Senate the reason why I did not.

It seems to me eminently fit and proper that some bill should be passed in regard to those States which shall not have been restored to their practical relations to the Union before the adjournment of Congress; but it is a very delicate subject to deal with. In my judgment, no more delicate questions than those involved in this very resolution, taken up in the morning hour, will come before Congress at the present session.

If it should so happen that the result of the presidential election shall depend upon the counting or not counting of votes from the late rebel States, and such a count should be made as to declare the election of a person favorable to the political views of those who make the count, the opposite party will be very likely to charge its opponents with having made a partisan decision. In my judgment, no discretion should be left to the President of the Senate, or to the Senate and House of Representatives in counting the presidential vote; and if a discretion is left to determine from what States votes may be counted and from what States not, this country may again be involved in a civil war on the question of inaugurating a President. It is upon such questions that people go to war. Nearly all the revolutions in the South American States grow out of the election of their presidents.

While I am in favor of a bill which shall state distinctly from what States votes shall not be counted, if there are any such States-such a bill or joint resolution as we passed four years ago, and applicable to the States of Texas, Mississippi, and Virginia, assuming now that neither of those States will have perfected their State organizations in time to be recognized by Congress I am utterly opposed to any bill which shall leave to the discretion of Congress, when it counts the electoral votes in February next, to count votes from Arkansas or Florida or not as it shall think proper; and yet we have a joint resolution that is proposing that very thing. In my judgment, the State of Arkansas is as much a State of the American Union, with all the rights and privileges of a State, as is the State of New York or the State of Illinois, and it has the same right to vote for President as any other State of this Union. I want no joint resolution or bill of Congress passed which shall put it in the power of the canvassers of the electoral votes to receive a vote from Arkansas or not as they shall please. This resolution, it will be seen, provides:

That the States of Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, Arkansas, and Texas, respectively, shall not be entitled to representation in the Electoral College for the choice of President or Vice President of the United States, and no electoral votes shall be received or counted from any of such States, unless, &c.

Why pass a joint resolution that no electoral votes shall be counted from the States of Arkansas and Florida any more than in regard to New Jersey and Illinois, or Vermont and Massachusetts? It is saying, in my judgment, to the people of those States, "Your votes for President may or may not be counted in the next presidential election." It is saying to the rebel element in those States that Congress has some doubt about the stability of the governments which have been inaugurated, and if they can succeed in overturning them, or if they can get up a revolution, no electoral votes shall be counted from those States. I want to regard the action of Congress in recognizing the State governments inaugurated in Arkansas and Florida as a finality, as conclusive and ended, and I do not wish to say to those people that we have any apprehensions that any other governments are to be recognized there. Why, sir, it would be but civil war if any party in Arkansas to-day should undertake to maintain a State government in opposition to that which Congress has recognized as the legitimate gov ernment of that State by admitting its Senators and Representatives to seats here. It would

be but revolution. The Supreme Court has decided, all the departments of the Government have decided, that Congress, when it admits Senators and Representatives under a State organization, thereby decides what the proper State organization of a State is. That was decided in the Rhode Island case. There was an attempt to set up two State governments in Rhode Island, and the Supreme Court decided in that case that when, the Congress of the United States had admitted Senators and Representatives from one of those State organizations that was conclusive and binding upon all the departments of the Government. Now, we have admitted Senators and Representatives from a portion of these rebel States. We have, therefore, settled it finally and forever that the State organization under which those Senators and Representatives came here is the legitimate organization for the State, and I do not wish to pass a law declaring that the electoral vote from those States shall not be counted unless-what?

"Unless at the time prescribed by law for the choice of electors the people of such States, pursuant to the acts of Congress in that behalf, shall have, since the 4th day of March, 1867, adopted a constitution of State government under which a State government shall have been organized."

Well, sir, have we not decided that already as to Arkansas and Florida? Is it to be left an open question, to be decided again in February next when the vote is counted, whether they have adopted constitutions and State gov ernments? Did we not decide a few days ago that the State of Arkansas has adopted a constitution and State government in accordance with the reconstruction acts, and have we not admitted Senators and Representatives from that State? If we have so decided, why is it to be decided over again, unless it is intended to vest in the President of the Senate or the two Houses of Congress at that time, a revisory power to count or not the electoral vote from that State? I submit that that is a settled matter; that the State of Arkansas has already adopted a constitution of State government since the 4th of March, 1867, under which a State government has been organized and is in operation. But, says this joint resolution further:

"And unless such election of electors shall have been held under the authority of such constitution and government, and such State shall have also become entitled to representation in Congress pursuant to the acts of Congress in that behalf."

Now, sir, these facts all exist and have been settled except one. A constitution has been framed in Arkansas; a government has been organized in Arkansas in conformity to the reconstruction acts, and the State of Arkansas has become entitled to representation in Congress pursuant to the acts of Congress in that behalf. Why do you want to pass upon that again? Is not that all settled? But then there is another clause:

"And unless such election of electors shall have been held under the authority of such constitution and government."

I hardly know the meaning of this clause, for it will be observed that the constitution of a State has nothing to do with the mode of electing the President. A President of the United States is to be elected by electors chosen in the several States in the manner provided by the Legislature, not by the constitution of the State. The Legislature of each State in this Union is created, it is true, under and by authority of the constitution of the State; but when created it is vested with authority to appoint electors of President and Vice President of the United States, not by virtue of the constitution of the State, but by virtue of the Constitution of the United States. The body, the Legislature, being created, the Constitution of the United States devolves this power upon it. The language of the Constitution is:

"That each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress."

And again :

"The clectors shall meet in their respective States and vote by ballot for President and Vice President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each, which lists they shall sign and certify, and transmit scaled to the seat of the Government of the United States, directed to the President of the Senate; the President of the Senate shall in the presence of the Senate and House of Representatives open all the certificates and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed."

Now, what has the Congress of the United States or the President of the Senate to do in canvassing this vote? Simply to open these sealed packages or lists containing the votes of the electors who are appointed in the mode prescribed by the Legislature in each State, and the votes are then counted in the presence of the Senate and House of Representatives, and the person having the largest number of votes, if a majority of the whole, is declared to be elected President of the United States. This is all that the President of the Senate is authorized to do, and all that the Congress of the United States is authorized to do. Each State, through its Legislature, determines the mode of appointing electors of President, and it is competent for any Legislature in any of the States of the Union to appoint the electors without submitting the question to a vote of the people at all. Formerly several of the States appointed their electors in that way; and the State of South Carolina, until a very recent period, down, I think, to the breaking out of the rebellion, always appointed her electors for President and Vice President by the Legislature. It would be competent for any State to do that, and all that is to be done here is to canvass the votes of these electors; that is, to open the packages containing the list of votes given by the electors and count them.

Now, we have a measure providing that no votes shall be counted from certain States. I ask why? I ask the Senator from Vermont why is it necessary to pass an act of Congress declaring that a vote shall be counted or shall not be counted from the State of Arkansas? Is not the State of Arkansas as much a State of this Union as the State of Vermont; and if such a measure as this is to pass, why not include the State of Vermont and the State of Illinois? I am sure the Senator from Vermont regards, as I do, the action of Congress in recognizing the existing State government in Arkansas as the legitimate State government of that State; and I am sure that he would be as ready as I would to exert the whole power of this nation, if it became necessary, to put down any organization hostile to that State government in Arkansas. The State government which has been recognized in that State, and in the State of Florida, is to be maintained and must be maintained at all hazards and at every cost, or else you cannot maintain this Government; and I want no "ifs" and no "unless" about it. I would make no provision for counting the electoral vote of the State of Arkansas different from that which we make in regard to any other State; and that is the objection which I have to this measure. It looks to me like a concession or an admission on our part that there might be some other government established in Arkansas; some other government inaugurated there hostile to the one which has been recognized by the proper authority under the Constitution of the United States.

I am unwilling to make such a concession; I am unwilling to give color even to such a suggestion. I think it is competent and proper to pass a resolution that no vote shall be counted from the State of Texas or the State of Mississippi or the State of Virginia, and why? Because there is no State organization existing in either of these States through

which it is competent for it to vote for President. There is no Legislature existing in either of these States, and can be no Legislature existing in either of them which has authority to provide for the appointment of electors of President and Vice President until Congress shall so determine. Congress has said that the existing organizations in those States are provisional only; that they are without legal authority; that they are acting in subordination to the military power; and until some other State government is inaugurated which is recognized by Congress as having the power and authority of a State government neither of those States can, as a matter of course, vote for President and Vice President; and, therefore, I should be in favor of this joint resolution if it provided that no electoral vote should be counted from either of those States which Congress had not recognized; but as to the States which Congress has recognized, it seems to me invidious to make such a provision; and it looks to me, though I do not suppose the Senator from Vermont intends that, as if it might be construed as vesting some sort of discretion in the Congress of the United States to count or not to count the electoral votes from these States; and I do not want it to have any other discretion in regard to Arkansas than it would have in regard to Vermont. I wish to treat these States all alike; and I think we shall encourage opposition to our reorganization measures if we pass a joint resolution of this character. I move to amend it by striking out in line four of the joint resolution the words" Florida" and "Arkansas."

Mr. DAVIS. I am gratified, Mr. President

Mr. MORRILL, of Maine. I think the morning hour has expired.

The PRESIDENT pro tempore. The morning hour having expired, the unfinished business of yesterday is regularly before the Senate.

Mr. EDMUNDS. I ask the Senator from Maine to let that unfinished business lie over until we can dispose of this joint resolution.

Mr. MORRILL, of Maine. If it would not lead to debate, and we were simply to take the vote, I should not interpose. But the Senator from Vermont knows that it is quite necessary that the bill under consideration should be concluded, and go to the House of Representatives, as there are many amendments that will lead to a conference.

Mr. EDMUNDS. In order to discharge my whole duty, as my friend from Illinois has occupied all the time so far, and the Senator from Kentucky is to aid him, I move that the appropriation bill for the time being be laid aside in order that we may proceed with the consideration of this joint resolution, for the reason, as I have stated, that it is a measure sure to be vetoed; there is no need of disguising it. The President cannot be logical unless he does veto it, and I do not suppose he will veto the appropriation bill. I do not think I shall do my duty unless I make this motion in order that the Senate may determine whether they will dispose of this measure or

not.

The PRESIDENT pro tempore. It is moved and seconded that the unfinished business be postponed for the purpose of continuing the consideration of Senate joint resolution No.

139.

Mr. MORRILL, of Maine. It seems to me it cannot be good economy of time for the Senate to postpone one of the regular appropriation bills now almost finished to take up a matter in regard to which debate is likely to be so extensive and general as has already been indicated this morning in regard to the measure of the Senator from Vermont. It is for the Senate to say whether they are willing to postpone the appropriation bills involving the appropriation of millions of money to a period when they cannot be thoroughly considered.

Mr. EDMUNDS. My friend knows that I have no disposition to antagonize this against that; but this is a measure that ought to be

ment which I proposed to this bill as a substitute for that bill, by direction of the Committee on. Finance.

Mr. HENDRICKS. That amendment being withdrawn, I move to amend the bill by insert

To meet expenses incurred in the prosecution and collection of claims due the United States, $15,000, to be disbursed under the direction of the Secretary of the Treasury.

considered, and it may as well be considered now as at any other time; because it will take some time to consider it whenever we do it, and it ought to be passed soon so that the other branches of the Government may have an opportunity to consider it. I have saiding after line forty-six : before that we know it will take ten days longer to dispose of this bill after it shall go through this body than it will any of the other bills that are named; and it ought, therefore, to be acted upon at once. If it should not be passed, as my friend from Illinois and my friend from Kentucky seem to have determined, undoubt edly then we shall have disposed of it, and it will not take any more time now than it will hereafter. But I do not wish to occupy time on this question. I merely wish to discharge my duty.

Mr. FRELINGHUYSEN. I should vote to lay aside the appropriation bill and to continue the consideration of the joint resolution of the Senator from Vermont but for this reason: this measure has not been much considered by the Senate; I think that it is an important measure, one requiring the exercise of a good deal of discretion and judgment, and that it will be profitable for it to lie over until to-morrow. I shall, therefore, vote to proceed with the appropriation bill.

The PRESIDENT pro tempore. The question is on the motion of the Senator from Vermont, to postpone the unfinished business for the purpose of continuing the consideration of Senate joint resolution No. 139.

The question being taken by yeas and nays, resulted-yeas 19, nays 20; as follows:

YEAS-Messrs. Anthony, Conness, Corbett, Cragin. Davis, Drake, Edmunds, Harlan, McCreery, McDonald, Osborn, Patterson of New Hampshire, Ramsey, Stewart, Sumner, Thayer, Tipton, Wade, and Williams-19.

NAYS-Messrs. Buckalew, Cole, Conkling, Fessenden, Fowler. Frelinghuysen, Hendricks, Howe, Morgan. Morrill of Maine, Morton, Norton, Patterson of Tennessee. Pomeroy, Ross. Sherman, Trumbull, Vickers, Willey, and Yates-20.

ABSENT-Messrs. Bayard, Cameron, Cattell, Chandler, Dixon, Doolittle, Ferry, Grimes, Henderson, Howard, Johnson, Morrill of Vermont, Nye, Rice, Saulsbury Sprague, Van Winkle, and Wilson-18.

HOUSE BILLS REFERRED.

The following bills received from the House of Representatives were severally read twice by their titles, and referred to the Committee on the Judiciary:

A bill (H. R. No. 263) to extend the jurisdiction of probate courts and of justices of the peace in the Territories of Idaho and Montana;

A bill (H. R. No. 348) to provide for holding terms of the United States district court for the western district of Missouri at St. Joseph and the city of Kansas, in said State; and

A bill (H. R. No. 446) to amend an act entitled "An act to create the eastern judicial district of the State of New York," approved February 25, 1865.

The bill (H. R. No. 1046) making appropria tions for the repair, preservation, and completion of certain public works, and for other purposes, was read twice by its title, and referred to the Committee on Commerce.

CIVIL APPROPRIATION BILL.

The Senate, as in Committee of the Whole, resumed the consideration of the bill (H. R. No. 818) making appropriations for sundry civil expenses of the Government for the year ending June 30, 1869, and for other purposes. The PRESIDENT pro tempore. Yesterday the Senator from Ohio, [Mr. SHERMAN, ] from the Committee on Finance, reported an amendment, which was objected to as not in order. The question before the Senate is whether that amendment is in order.

Mr. SHERMAN. At the request of a num ber of Senators I have concluded to withdraw the amendment with the understanding that the funding bill shall be taken up as a separate measure immediately after the disposition of this bill; and I now give notice that after this bill is disposed of I shall move to take up the funding bill with a view to offer the amend

Mr. MORRILL, of Maine. On what authority is that moved? Mr. HENDRICKS. On the recommendation of the head of the Department. Mr. MORRILL, of Maine. I should like to have the letter read.

Mr. HENDRICKS. I send the letter to the

desk to be read.

The Chief Clerk read as follows:

TREASURY DEPARTMENT, June 24, 1868. SIR: I have the honor herewith to transmit the draft of a clause which it is very desirable to have incorporated in the general appropriation bill for the Executive Departments for the ensuing fiscal year, appropriating $15,000 to cover expenses of collecting claims due the United States.

There are outstanding many balances due from former disbursing officers, and debts upon failure of conditions in bonds of various sorts, which can be recovered only by expenditures of greater or less amount in costs and compensation of agents necessarily employed. The Department has hitherto experienced considerable embarrassment in regard to this subject, and has been compelled, from time to time, to draw from appropriations which, though in some sense applicable to this object, could be but illy spared from other objects still more properly chargeable to them.

The customs fund has been particularly burdened in this way, and it is indispensable to relieve it as far as possible for the future.

On other accounts, too, a specific and limited appropriation is to be desired for this object, which must continue to be a source of expense for some time to come if the effort now being made to close up the old outstanding balances which have too long cumbered the books of the Treasury is to be sustained.

The Solicitor of the Treasury has expressed his view of the matter in a letter of which a copy is inclosed to you herewith.

I am, sir, very respectfully,

Hon. L. M. MORRILL,

H. McCULLOCH, Secretary of the Treasury.

Chairman Committee on Appropriations, Senate. The amendment was agreed to.

Mr. ROSS. I offer from the Committee on Printing this amendment, to come in after line sixty-nine, on page 4:

For payment for the Congressional Globe and Appendix, for the fiscal year ending June 30, 1868, $20,000, to be taken from the appropriation heretofore made and unexpended for the purchase of one complete set of the Congressional Globe and Appendix for each Senator and Representative who has not already received them.

Mr. MORRILL, of Maine. Is that for a deficiency for the publication of two extra

sessions?

Mr. ANTHONY.

Yes.

Mr. ROSS. In explanation of the amendment I send to the desk a letter which I desire to have read.

The Chief Clerk read the following letter: CONGRESSIONAL GLOBE OFFICE, WASHINGTON, June 12, 1868. DEAR SIR: In consequence of no appropriations whatever being made to meet the accounts of this office for reporting and printing the debates of the Senate for the additional session (sittings of March. July, and November, 1867.) and for the copies of the Congressional Globe and Appendix for Senators for the same session, a deficiency has been created-a deficiency which may, however, be in large part met and provided for without additional appropriation, and in this way, namely: by authorizing a transfer of a portion of an unexpended balance of appropriations heretofore made to pay for complete sets of the Congressional Globe and Appendix for new Senators. [Not more than fifty per cent. of the appropriations made for that specific purpose have ever been required.]

The unexpended balance referred to amounts to $27,293 81; of which sum $20,400 may be transferred to meet the deficiency existing in the sum requisite to pay for the Congressional Globe and Appendix for Senators for the current session, which work has thousand pages limit, and delivered to Mr. Defrees, been completed to the extent of more than three the Congressional Printer, and for which we hold his

receipts.

We would suggest that, providing such a transfer as we have indicated be made, a very suitable point in the bill now pending (H. R. No. 605) would be immediately after line sixty-two-as lines sixty-one and sixty-two contain a proposition to pay for that particular branch of the work for the ensuing ses

sions.

The deficiency which exists in the appropriations for reporting and printing in the Daily Globe we shall take measures to have provided for in the deficiency bill now framing by the appropriate committee of the House of Representatives.

Trusting that our suggestion may be favorably considered by yourself and your honorable committee, we remain, very respectfully,

F. & J. RIVES & GEORGE A. BAILEY. Reporters and Printers of the Debates of Congress. Hon. L. M. MORRILL, Chairman of Committee on Appropriations, United States Senate.

The amendment was agreed to.

Mr. THAYER. I offer the following amendment, to come in on page 16, after line three hundred and seventy-two:

For surveying the boundary line between the State of Nebraska and Territory of Colorado, and that portion of the western boundary of the State of Nebraska'embraced between the forty-first and fortythird degrees of latitude, estimated at three hundred and twenty miles, at not exceeding fifteen dollars per mile, $4,800.

Mr. HARLAN. I move to add the words "to be expended under the direction of the Commissioner of the General Land Office." I have the concurrence of the mover of the amendment in this modification.

The PRESIDENT pro tempore. The amend ment will be so modified.

Mr. THAYER. I will state that this amendment has the sanction of the Committee on Territories. There is a disputed boundary, and it is not known whether a certain place belongs to the State of Nebraska or to the Territory of Colorado or Dakota.

Mr. MORRILL, of Maine. I wish to know something about this proposition. I see no estimate for it in the estimates submitted to the Department. The Senator says the amendment comes from the Committee on Territories. There ought to be an estimate from the Department. I find an estimate among the regular estimates for surveying the eastern boundary of Colorado, and also for surveying the eastern boundary of Nevada.

Mr. POMEROY. The Committee on Pub. lic Lands have recommended that in their amendments.

Mr. MORRILL, of Maine. But I see no estimate for this particular item.

Mr. THAYER. It emanates from the Commissioner of the General Land Office; and I was informed that it was in the estimates, and I had no doubt that it was. It was submitted to the Committee on Territories and approved by them; and I offer it with their sanction. As I said, there is a disputed boundary and there is a long tract of country in regard to which it is not known whether it belongs to Colorado, Nebraska, or Dakota. The people of the town of Julesburg have been in doubt for two years past whether they were in the State of Nebraska or the Territory of Colorado or Dakota, and a great deal of confusion has arisen from this.

Mr. MORRILL, of Maine. All these propo sitions ought to emanate, I submit, from the Department, and if the Senator knows that it is recommended by the Department I shall make no strenuous objection.

Mr. THAYER. Yes, sir; I stated that before.

The amendment was agreed to.

Mr. POMEROY. I move to amend the bill on the seventeenth page, line three hundred and eighty-eight, by increasing the appropriation for surveys in Oregon from $28,000 to $40,000. Forty thousand dollars was the estimate, but the House of Representatives allowed only $25,000 for surveying in the State of Oregon. The matter was before the Committee on Public Lands, and representations from that State were made of such a pressing character that the Committee on Public Lands thought we ought to come up fully to what was estimated for. We found, in reference to most of the new States, that the immigration and the demands for settlement upon the public lands require surveys. The increased impetus that has been given to settlements upon the public lands require that they should be surveyed. Anybody who has had any experience knows the inconvenience of settlers going in advance

of surveys. They have conflicting claims, conflicting boundaries, conflicting titles. It retards the growth and prosperity of a State not to have it surveyed. The Senators from Oregon, and all the persons I have seen from the Pacific coast, think we should come up fully to the recommendation of the Land Office. This amendment is reported by the Committee on Public Lands, and was printed and referred to the Committee on Appropriations a few days ago.

Mr. MORRILL, of Maine. I will say to the Senator that the appropriation in the bill is in conformity with the estimates of the Department.

Mr. WILLIAMS. I have a letter from the Commissioner recommending this amendment. Mr. MORRILL, of Maine. Let that be read.

Mr. WILLIAMS. Iwish to subjoin a statement to what has already been said by the Senator from Kansas, as to the necessity of this addition to the appropriation. Heretofore the appropriations for the State of Oregon have been rather limited in view of the extent of country to be surveyed; and there is a large proportion of the habitable part of that State now occupied by people that has not been surveyed, and the want of the necessary surveys is an obstruction to the settlement of the State. I can name several valleys of considerable extent there, valleys of fertile land upon which persons have settled, and upon which others are desirous to settle, that have not been surveyed, such as the valley of John Days' river, the Upper Des Chutes valley, the Malhereuse valley, the Jordan Creek valley, Wild-horse Creek valley, Goose Lake valley, Lost-river valley, and other valleys of that description have not been surveyed. There is a necessity that they should be surveyed without any considerable delay, so as to enable the people upon the lands there to enter them and obtain a title for their property. I need not say to anybody who has any experience in any of these new States that it tends greatly to retard their im provement to limit the amount of surveys, and there is no real economy in such a course, and it rather has the contrary effect.

been expended, from the Willamette valley to the eastern part of the State across the Cascade mountains; and it is impossible for the company, notwithstanding they have invested their money, to make use of the lands donated to them, because there are no surveys and there is no money to expend in surveying the lands along the line of that road, and thus the lands are kept out of market. The company cannot sell them because there are no surveys. I think in view of the extent of the State of Oregon and the limited appropriations that have heretofore been made for that State and the prospect that the immigration will rapidly increase, that this is not an extravagant appropriation. Some of the States have $50,000; Nebraska has $50,000.

Mr. POMEROY. Forty thousand dollars. Mr. WILLIAMS. Well, $40,000. California has $50,000. Any one who will look upon the map showing the public surveys in the country, will see that a very large proportion of California has already been surveyed, while but a very inconsiderable proportion of the State of Oregon has ever yet been touched by the public surveys. I hope, therefore, that this amendment will be adopted.

The amendment was agreed to.

Mr. MORGAN. I am instructed by the joint Committee on the Library to offer an amendment, to come in after line four hundred and eighty-three, on page 21:

To enable the joint Committee on the Library to pay Mrs. Sarah F. Ames an additional compensation for her marble bust of President Lincoln, $500.

DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, February 7, 1868. SIR: I have the honor to acknowledge the receipt of your communication of the 4th instant upon the subject of an increase in the estimate of appropriation submitted to Congress by this office for surveying the public lands in Oregon for the next fiscal

year.

In reply. I have to say, that at the time the estimates were made this office had in view the exigencies of the surveying service and counteracting influences exerted by the then disturbed condition of the country on account of Indian hostilities.

The estimate now before Congress for the survey of the public lands in Oregon is $5,000 in excess of the appropriation made for the current fiscal year. Had it not been for the reported dangers in Oregon to surveying parties in places remote from the immediate vicinity of military establishments in Klamath Lake and Surprise valley, much larger estimates would have been presented for the extension of the lines of public surveys, demanded by the provisions of an act granting lands to the State of Oregon for the construction of a military road from Eugene City to the eastern boundary of Oregon.

In the presence of the foregoing impediments to the progress of the public surveys and a due regard to the husbanding national resources, the estimate of the surveyor general of Oregon, amounting to $55,450, was restricted to the sum of $25,000.

Representations having since been made to this office of more pacific attitude of Oregon Indians in the region of country demanding early surveys on a larger scale than estimated. I would be willing to recommend to Congress $40,000 appropriation instead of $25,000 for the fiscal year ending June 30, 1869. I have the honor to be, very respectfully, &c., JOS. S. WILSON, Commissioner. Upon the representations that were made to him, inducing him to believe that these Indian hostilities were not such as they had been represented to him to be, he makes the recommendation of an additional appropriation of $15,000.

Besides the other reasons for adding to this amount I may mention that there is a large tract of land granted for a military road, upon which a vast amount of work and money has

40TH CONG. 2D SESS.-No. 228.

a better bust than any that has yet been produced, concluded to ask for the appropriation upon this bill of the additional sum of $500. These are the facts in the case.

The amendment was agreed to.

Mr. POMEROY. I move further to amend this bill on the sixteenth page, three hundred and seventy-sixth line, under the head of "surveying the public lands in Nevada," by striking out "twenty" and inserting "fifty," so as to make the appropriation for that purpose $50,000. That comes up precisely to the estimate of the Department; and the same reasons apply to Nevada, I apprehend, that apply to Oregon. As I said before, I do not desire to argue any of these questions; but the increased demand for public land requires surveys, and any landlord who is able to own an estate is able to survey it if he wants to sell it. We kept back during the war the surveys of the public lands; they were not called for during the war, and therefore they were not surveyed; but since the close of the war a great impetus has been given to immigration and these lands are called for, and they ought to be surveyed. The Committee on Public Lands have recommended this amendment so as to bring up the appropriation to the estimate of the Department.

Mr. BUCKALEW. I should like to understand on what principle the House Committee on Appropriations make up these appropriation bills. It seems to me that they strike blindly and cut down appropriations without any particular reason, send their bills mutilated here to the Senate in the expectation, probably, that we will correct all the mistakes that are made. It seems that one bill after another comes here in the same style, all cut up into fragments. We have to restore the appropriations to the estimates. remarkable.

It is very

Mr. MORRILL, of Maine. I might say in explanation of the matter of inquiry, that it has been customary with Appropriation Committees to follow the appropriations of the previous year where they have no better information on the subject. The appropriation of a former year for a particular service has generally been adopted as a proper rule for the current service in the absence of better evidence.

Mr. POMEROY. Do they continue to make an appropriation where all the lands are surveyed because they had done so the previous year?

Mr. MORRILL, of Maine. I think my honorable friend's question perhaps is a little sharper than it sounds. I spoke of the continuance of the service. I suppose the service would end when it was performed.

Mr. POMEROY. Ireferred to the action of the House, and not of the Senate.

Mr. MORRILL, of Maine. The House probably would not pursue the service after it had ended; but so long as the service continues an appropriation made for one year is generally considered authority for an appropriation for another year. I should say, therefore, that this appropriation follows the appropriation of last year. The House committee having probably no information, as certainly the committee of the Senate had not, except a general estimate here, as to the necessity of any further appropriation being needed, followed the appropriation of last year. I suppose that may account for it. The Senator from Kansas, acting as chairman of the Committee on Public Lands, who moves this amendment, states that which he holds to be somewhat conclusive, that this follows precisely the estimates, and for that reason he desires that it should be accepted by the Senate. But a moment ago, when the estimates did not come quite up to his standard, the estimates went for nothing. If the Senator means, acting as chairman of the Committee on Public Lands, to furnish proof to the Senate, and that proof is to be the estimates, I should like to have him bound by them. But a moment ago he moved to increase the estimates $15,000, and now he thinks the estimates are quite conclusive. I am not certain that this appropriation of $50,000 is not needed in this place. It is a pretty large appropriation, however. It will be seen that it increases it $30,000 over the appropriation of last year.

Mr. STEWART. Allow me one word of explanation.

Mr. MORRILL, of Maine. Very well.

Mr. STEWART. There was never any survey in our State of any consequence until last year; but there had been appropriations; we had no surveyor general's office established, and those appropriations accumulated to some seventy thousand dollars. The surveyor general then undertook to use the money in the most advantageous way by running standard lines and meridian lines to reach the agricultural valleys which were distributed over the State, and he is now in a position to sectionize, to run the section and township lines in those valleys. The Commissioner of the General Land Office estimated $50,000 for that service, but even that is not as much as could be used to advantage this year, for the reason that the Pacific railroad is progressing much more rapidly than was anticipated; and there will be in the State some two or three hundred miles, perhaps four hundred miles, of that road this

year.
A line of settlers have gone out along
the road, and it is very important that the sur-
veys should be prosecuted. Fifty thousand
dollars is as small an amount as ought to be
appropriated under all the circumstances; and
it will be of more advantage to have it done this
year while the force is in the field. We had a
good appropriation last year and ran the stand-
ard lines and meridian lines, and if we could
go on with the work this year it would be a great
accommodation to the settlers.

The amendment was agreed to.
Mr. POMEROY. I desire, also, to move

an amendment to the bill on the eighteenth page, in the clause which now reads:

For surveying the eastern boundary of Nevada, estimated four hundred and twenty-five miles, atnot exceeding fifteen dollars per mile, $6,375.

Our information is that that will not pay for the expenses of the survey, and that it cannot be prosecuted at that price. I do not know the fact myself, but that is the representation that has been made to the committee, and I think from the Commissioner of the General Land Office, that that will not pay the expense of. running that line.

Mr. STEWART. The Commissioner asks for twenty-five dollars a mile. The cost of this work may be judged from the cost of running other similar lines. The southern line of Oregon is a precisely similar line. The appropri ation there was as follows:

"For the survey of the forty-second parallel of north latitude, so far as it constitutes the common boundary between the States of California and Oregon, estimated two hundred and twenty miles, at not exceeding sixty dollars per mile."

That is a very similar line. Then the eastern boundary line of Oregon is entirely similar. Although this line is a short distance further East, it runs through precisely the same kind of country. There the appropriation was:

"For surveying the boundary line between the State of Oregon and the Territory of Idaho, commencing at the northern boundary of the State of Nevada and running north to its intersection with Snake river, estimated one hundred and sixty miles, not exceeding sixty dollars per mile, $9,600.”

Those are the appropriations made for similar lines. I had a conversation with the Commissioner of the General Land Office on this subject. I thought this work could be done cheaper than that. He took considerable trouble to estimate it, and put it down at the lowest figure at which he thought it could possibly be done, twenty-five dollars a mile. I do not know that you can get anybody to do it for that; but certainly it cannot be done for less than twenty-five dollars per mile. There is no use in making any appropriation at all unless it is as much as twenty-five dollars per mile. I will state that it is important to run this line. We do not ask for an appropriation to run the northern line. We can get along for another year without that; but it is important that the eastern line should be run, because there are settlers on that portion of the line, and they refuse to pay taxes either in Utah or Nevada, because they do not know where they ought to pay them.

Mr. MORRILL, of Maine. Why should it cost any more to run that line than the line in Utah, for instance?

Mr. STEWART. We have not run a boundary line in Utah on either side.

Mr. MORRILL, of Maine. Why should it cost any more than surveying the eastern boundary line of Colorado?

Mr. STEWART. It is a different country altogether. The eastern boundary line of Colorado runs right through a valley where there are grass and water and a level country. This line runs a portion of the way through deserts, and in order to make a survey you have got to carry water on mules for several days' supply. They have got to fix their starting point on the Colorado river. It is a very difficult line to run. For running a precisely similar line sixty dollars a mile was appropriated; but if you will appropriate twenty-five dollars a mile in this case the Department will make the effort to get the line run for that sum. Certainly it cannot be done for less.

Mr. POMEROY. The amendment which I wish to move is to strike out "fifteen," in line four hundred and ten, and to insert "twentyfive;" and also, in the same line, to strike out "six" and to insert "ten ;" and also to strike out three hundred and seventy-five;" so that it will read:

For surveying the eastern boundary of Nevada, estimated at four hundred and twenty-five miles, at not exceeding twenty five dollars per mile, $10,000.

Mr. MORRILL, of Maine. Ten thousand six hundred and twenty-five dollars is the esti

mate.

Mr. POMEROY. I call it exactly four hundred miles. It is estimated to be four hundred and twenty-five miles; but I think it is about four hundred.

Mr. STEWART. Ten thousand six hundred and twenty-five dollars would be the exact sum according to the estimates.

Mr. POMEROY. Very well.

The PRESIDENT pro tempore. The amendments will be reported as modified.

The Chief Clerk read the amendments, which was in line four hundred and ten to strike out "fifteen" and insert "twenty-five;" and also to strike out the word "six" and insert "ten;" and in lines four hundred and ten and four hundred and eleven to strike out the words "three hundred and seventy-five" and insert "six hundred and twenty-five;" so that the clause will read:

For surveying the eastern boundary of Nevada, estimated at four hundred and twenty-five miles, at not exceeding twenty-five dollars per mile $10,625. Mr. STEWART. That is it. The amendment was agreed to.

Mr. POMEROY. I have another amendment to offer, and which, as it has not been submitted to the committee, I desire to have passed by unanimous consent. It comes from the State of Florida. The State of Florida was not represented here until yesterday, and the Senator therefore could not send the amendment to the Committee on Appropriations. Mr. MORRILL, of Maine. Is it estimated for?

Mr. POMEROY. I think none of the States not represented were estimated for; but the Senator who has arrived from Florida makes the statement to the committee, which I knew was true before, that they have some public lands that they want surveyed; that there is now an immigration demand for them; and if the amendment can be received by unanimous consent it is simply to insert in the appropriate place the following:

For surveying public lands in the State of Florida, $20,000.

I think they ought to have that appropriation to complete their surveys in the State of Florida.

Mr. MORRILL, of Maine. Is there any recommendation from the Department?

Mr. POMEROY. There is no recommendation and no estimate for it, because the State was not represented here until yesterday.

Mr. MORRILL, of Maine. But the Department has been here all the time.

Mr. POMEROY. The Department has not recommended anything or estimated anything since the commencement of the war for any of these States.

Mr. MORRILL, of Maine. Does the Senator understand what the condition of the public lands in that State is?

Mr. POMEROY. Only from representations made to me by gentlemen directly from there. Mr. MORRILL, of Maine. Under the circumstances I will not raise a question under the rule. I leave it to the Senate to decide.

Mr. POMEROY. Ithink myself there ought to be a little appropriation for the State of Florida. Of course it will be the pleasure of the Senate to receive it or not under our rules. It is an appropriation of $20,000 for that State. The public lands there have been neglected during the whole war; there has been no surveying there; many of the old boundaries are being obliterated, and they need, to build up again the waste places and find out what are public lands and what are not, to have a little appropriation for surveys. Twenty thousand dollars is the sum we have recommended. It can be received, of course, only by unanimous

consent.

The PRESIDENT pro tempore. The question is on this amendment.

Mr. HENDRICKS. I do not recollect what is the condition of the surveys of the State of Florida; but I have no idea that it is important now to make additional appropriations. I do not think the immigration to that State requires it. I think it would be exceedingly

loose legislation to appropriate $20,000 for surveys there when we are not informed at all of the amount of unsold lands already surveyed. The Senator from Kansas has no information on that question; and I should want to know from the General Land Office what amount of lands are already surveyed in that State and unoccupied. My impression is that there is a very large quantity, and that there is no occasion for this appropriation.

Mr. POMEROY. I said we had no estimate; but it must be evident to every Senator, as it is known to me, that there is a large tract of public lands in Florida. It is evident also to every Senator that for the past few years we have made no appropriation whatever. Now, if the objection is to prevail that because there are lands not occupied in Florida that have been surveyed we should not make this appropriation, that would apply to any of the States. All our States contain some unoccupied lands that have been surveyed. In fact, the public lands of the older States of the South are unoccupied to a great extent. That is not an argument that we should not survey such as have not been surveyed. There are very valuable lands and very attractive lands, I know from the representations made to me, in Florida, that are not settled upon because they are not surveyed. I think we should begin, as these States come back, one after another, where they have got public lands to make a small ap propriation for them to continue the system of surveying. I think this amendment ought to commend itself to the Senate; and I hope a vote of the Senate will be had first on the question whether we will receive it. I offer the amendment, and move that we receive this amendment to the appropriation bill ap propriating $20,000 for surveys in Florida.

Mr. EDMUNDS. Let the amendment be reported.

The Chief Clerk read the amendment, which was to insert on page 18, after line four hundred and seven:

For surveying public lands in the State of Florida, $20,000.

Mr. HENDRICKS. A moment's reflection will satisfy Senators that for the present surveys cannot possibly be had in that State, as the operations in the field cannot be carried on, and there will be but very little delay in waiting until the next session of Congress, when we can have some information on the subject. I am in favor of liberal appropriations to prosecute public surveys; but they ought to be made in those localities where the settlements are extending out into the public lands. I do not believe that is the case in Florida. I do not believe there is any occasion for it there, and I think we ought to have some information from the proper office on the subject. It would take the Commissioner but a few minutes to prepare a letter on the subject. Inasmuch as there is really but very little delay in waiting until the next session, I think this amendment ought not to be adopted without some information on the subject.

Mr. ANTHONY. Is that amendment objected to? Has that gone over?

Mr. POMEROY. One objection cannot carry it over. A vote of the Senate can carry

it over.

Mr. ANTHONY. I understood that the Senator from Indiana objected to its reception, and it cannot come in without unanimous consent.

Mr. MORRILL, of Maine. If it is objected to, under the rules it cannot be considered.

The PRESIDENT pro tempore. The Chair understood the objection was waived, if there was any objection at all.

Mr. ANTHONY. I only desired to offer another amendment in case this one was disposed of.

Mr. POMEROY. I trust there will be no serious objection to it.

Mr. ANTHONY. I do not make any.
Mr. POMEROY. I think we ought to pass it.
The amendment was agreed to.