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but the honorable member, although always attentive to everything that happens in the Senate, was not within the sound of my voice. The Mount Vernon Association, as I understand, was incorporated for the purpose of purchasing, after the Government had refused to take it upon the terms which were insisted upon by the former proprietor, the Mount Vernon property. In the absence of some care, it was certain that the whole place of Washington would soon be in a dilapidated condition, and one, should it occur, disgraceful to the country. As to what are the sympathies of these ladies I know nothing, nor do I care. They are ladies of education, and devoted to the memory of Washington. Whether they sympathized or did not sympathize with the South in the late rebellion is a matter I know nothing about, and I have never heard it suggested except by my friend from Vermont.

But however that may be, they have taken charge of the property. After appropriating all the money they could raise to the payment for the property, they had nothing with which to keep the place in repair except what they derived from the use of a steamboat that plied regularly between Washington and Mount Vernon. That gave them one, two, or three thousand dollars a year; and with that they were able to keep the property more or less in repair. The Government, however, found it necessary to take possession of the steamer; and they held it, I believe, until the war terminated. The effect was to deprive them of their only resource. The consequence has been-not from any fault of theirs, not because they have appropriated whatever has been received to their own personal uses, but because of the inadequacy of the means-that the house of Washington and the tomb of Washington are more or less in a state of dilapidation. No American with a heart in his bosom-and thank God we all have American hearts-would for a moment bear the thought that a place like that, consecrated in the memories not only of his own countrymen, but of the world, should be in any danger even for a moment of going to ruin. The object of this appropriation is to enable them to prevent that which would be a catastrophe of which the nation would be ashamed should it occur.

If there is any doubt that the money will be properly appropriated to the purpose for which, as I understand it is needed, I will move to amend the bill by providing that it be applied to the repair and preservation of the property. With such a provision as that I suppose there would be no objection to the passage of the bill. My friend from Vermont is perfectly willing to give this, or even a larger sum in order to preserve the property; but how much is to be given? These ladies from moneys advanced in every part of the country have paid I do not know how many thousands of dollars for the purchase of the property; I think it was nearly one hundred thousand dollars. Is it proposed to return that? I suppose

not.

Is it supposed that the property will be better taken care of by any agent who might be employed by the Government than it will be by these ladies whose hearts are so obviously in the work? I should suppose not.

The fact is, it ought to be in the care of woman and not of man. It is her sympathies which more especially will cling around the memory of him who stands peerless in the world's esteem. It is but a poor trifle that is needed. Shall we not place it in their hands to be applied for the purpose for which they ask it? What is it? Seven thousand dollars. What are we appropriating for the Army which owes its first reputation to the valor and the counsels of him whose remains now rest in the tomb at which hundreds and thousands of people are daily shedding their tears? We appropriate to the Freedmen's Bureau-an appropriation of which I do not complain—not $7,000, but hundreds of thousands; and that appropriation is made, or will be necessary, because of an act which we have passed at this session—of that, I repeat, I do not complain. I

It may be necessary. Congress deems it to be necessary. It is supposed to be called for by the wants of a peculiar class. But while we are doing that, shall we be more than niggard when we are called upon to aid woman in preserving the tomb of Washington?

I move to amend the bill by adding the words, which I stated just now, for the preservation and repair of the property.

Mr. FRELINGHUYSEN. I suggest to the Senator from Maryland to add the words under the direction of the Committee on the District of Columbia" to his amendment.

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Mr. JOHNSON. I have no objection to that; but the committee will not be here. Mr. FRELINGHUYSEN. They can give direction about it.

Mr. JOHNSON. I do not think it necessary at all.

Mr. MORRILL, of Vermont. Mr. President, it was not the $7,000 that I begrudged; but it was the slovenly and disloyal manner in which this whole business has been conducted to which I objected. In the first place, a very large price was obtained for this property; 1 believe something like a thousand dollars an acre, when it was worth less than a single hundred dollars; and I do not understand, as the Senator from Maryland does, that we even now have the tomb; that the tomb and about two acres of land were excepted from the purchase. So far as that is concerned we have no charge of it whatever. I have not been there for many years; but I learn that the buildings are in great need of repair, and that only a very small number of the rooms are open to the inspection of visitors. The library, for instance, is not to be seen by visitors who go there, and only three or four of the rooms are allowed to be open to be seen by visitors, and all the remainder of the building is occupied by the family that pretends to have it in charge. I desire to have this thing investigated. Instead of placing this money under the control of the Committee on the District of Columbia I prefer to have the bill referred to that committee, aud have them make an examination and see whether we ought to vote anything at all, and if they report anything, then see in whose charge it ought to be confided. I move that the bill be referred to the Committee on the District of Columbia.

Mr. TRUMBULL. Mr. President, I presume there is no difference of opinion in this body, nor indeed in the nation, as to the esteem in which the memory of Washington is held; nor do I suppose there is any difference of opinion as to the propriety of holding sacred the grounds where he lived and died and was buried. But there is in the country some dis satisfaction in regard to the management of this Mount Vernon Association. I was spoken to yesterday by a lady who has had something to do with raising funds for the purchase of this property, and learned from her that there had been no meeting of the officers of the association for a long time. She herself was in correspondence with some of the vice regents who were inquiring of her as to the condition of things at Mount Vernon and what was being done, and although she did not herself know the facts personally she had understood that persons had been supported at Mount Vernon who had been living upon this fund and who had been actively sympathizing with the rebellion; and the officers who ought to know, so far as she was informed or could ascertain, did not know the way in which this fund was being managed.

While I should be willing to vote for this proposition, if this donation be needed, or anything that might be reasonable and proper preserve this property, I think from what I have heard that some inquiry should be made before this appropriation passes. I like the sugges tion of the Senator from Vermout, to let this bill be referred to the Committee on the District of Columbia, or some committee, to ascertain what the facts are. It is due to the officers of the association itself, because there is a widespread belief among many persons who have

taken part in raising this fund, and who have desired to aid in every way they could to preserve this property, to improve and ornament it, that the affairs of the association have not been properly managed. If this impression is untrue, it is due to those in charge that it should be corrected. That there is such an impression among those friendly to the association I am certain.

Under these circumstances I think the Senator from Maryland himself will see the propriety of having the bill referred and an inquiry made, so that it may be known how the affairs of this association are managed. There is no report showing the condition of things, so far as I am informed, and so far as others, who have taken some pains to try to inform themselves, know. The Senator from Maryland may be better posted. He may be able to state more specifically than I am advised, or those persons who ought to know are advised, in regard to this matter. I hope the bill will be referred and an inquiry made, for the reports that have obtained credence in the country among the friends of this association are very damaging to the association itself.

Mr. HENDRICKS. There seems to be no difference of opinion as to the necessity of making a small appropriation to preserve this property. The only question that is raised is as to the propriety of placing the money in the hands of the association itself. If there be objection well founded to the management of the property I should not wish to see the money placed in the control of persons who are misinanaging it; but I could not vote for the proposition of the Senator from New Jersey. I do not think a committee of the legis lative department, of the appropriating department, ought to be in the possession of an executive power controlling the use of money appropriated. I do not think Congress ought to control appropriations after they are ouce made. I suggest to the Senator that the military officer who, under existing law, has charge of the public buildings in the District of Columbia shall have charge of this appropriation. I will cheerfully vote for it if he will accept that amendment.

Mr. FRELINGHUYSEN. I accept that amendment "the Secretary of War."

Mr. HENDRICKS. I do not know who it is. It is the person who is Commissioner of Public Buildings.

Mr. SHERMAN. "The officer in charge of the public buildings and grounds."

Mr. HENDRICKS. That is the motion, that the officer in charge of the public buildings and grounds shall have charge of this appropriation.

Mr.JOHNSON. I have no objection to that, so far as I am concerned, that it shall be under the military officer who has charge of the public buildings and grounds.

The PRESIDENT pro tempore. The question is on referring the bill to the Committee on the District of Columbia.

Mr. FRELINGHUYSEN. I hope that will not be done. As the bill is now amended I do not see any propriety in referring it. That fund is not ours. We, the Government, contributed nothing toward it. We have no control or supervision of it, no management of it; and if this bill is now referred to a committee of Congress it precludes action for a year, or until another session of Congress and another season roll around. I think that there are values in this world for us to look after which do not appertain to railroads, or to public lands, or to revenue, or to iron-clads, but which appertain to a great national sentiment, which the people will approve of our attending to. It is a great thing for a nation to have a commanding spirit, a great man who was a good man, and the people of this country go by thousands to the grave of Washington, and they are profited by it and the country is benefited by it. There is not a place on earth where there are more sacred associations connected with Christian patriotism than at Mount Vernon; and I hope that without delaying this

subject, postponing it, referring it to commit- shall be entirely manifest; but with the present tees, having it now under the charge of the weather upon us I think it is unnecessarily || Secretary of War, or of some other officer, so exhausting to the Senate for us now to have that there is no question but that it may be night sessions. I am not quite sure that there properly appropriated, this appropriation may is an absolute necessity for it. Probably if we be made. Why, it is very little that we do. The sit at night during this week and next week people have bought the property; we have we shall work so hard as not to feel like having done nothing; and this is the first appropria-night sessions when they shall be absolutely tion, I believe, that we have been called upon to make.

Mr. JOHNSON. The first.

Mr. SUMNER. Mr. President, the Senator from New Jersey reminds us that the people go by thousands on pilgrimages to Mount Vernon. That is true; and they bring back by thousands one report, that this property needs supervision, that the house needs repair, that generally more money should be spent there in order to keep the place in order. That is the report, I believe, that is brought back by all these pilgrims. It seems to me that is enough to justify our action. We did not originally give the money by which this purchase was made; nor have we contributed at all to keep these ladies in the supervision of the place. Let us not, then, undertake to play the critics. Finding, however, that there is need for something to be done there, it seems to me proper and becoming that Congress at this moment should step in and supply the means. The sum proposed is not considerable. It is what I think for the purpose we may all be content to appropriate. I hope, therefore, it will not be done.

Mr. TIPTON. Mr. President

Mr. SHERMAN. I call for the special order. The PRESIDENT pro tempore. The morning morning hour having expired

Mr. SUMNER. I think we can have a vote on this bill now.

The PRESIDENT pro tempore. The special order is the tax bill.

Mr. SUMNER and others. Let us vote on this bill.

Mr. SHERMAN. There cannot be a vote now; there will be further debate.

The PRESIDENT pro tempore. If this bill is continued, the question is on referring it to the Committee on the District of Columbia.

Mr. HARLAN. I think if it is to be referred it ought to go to the Committee on Public Buildings and Grounds. It is a more appro

committee than the Committee on the District of Columbia.

Mr. SHERMAN. Postponing this bill until to-morrow will do no hurt. I prefer to go on with the tax bill.

EVENING SESSIONS.

The PRESIDENT pro tempore. House bill No. 1284 is the special order.

Mr. SHERMAN. To expedite our progress on the special order, I submit this motion:

Ordered, That during the pendency of the tax and funding bills the Senate will, unless otherwise ordered, take a recess at five o'clock p. m. until half past seven p. in.

Mr. SUMNER. Ohio whether he thinks it advisable to provide for that in advance?

I ask the Senator from

Mr. SHERMAN. This enables us to have an evening session.

Mr. SUMNER. The Senate will bear in mind that the measures we are about to consider are such as will probably require the best attention of the Senate. If the Senate sits from twelve o'clock until five engaged in real work it will hardly be in a condition to come back at half past seven and continue the same class of work.

Mr. SHERMAN. Tam perfectly indifferent myself; but I think it will expedite business to have the Senate keep the power to have an evening session. The order can be changed; if on account of the heat or any other cause a night session should be found to be not advisable we can dispense with it by an adjourn ment. I think we had better adopt the order. Mr. BUCKALEW. I am perfectly willing to vote for night sessions and serve at night sessions, after the day of adjournment shall have been fixed, when the necessity for them

necessary.

Mr. CONNESS. I move to amend the motion. As I understand the motion, it is an order for a recess from five to half past seven o'clock to consider the tax bill.

Mr. EDMUNDS. No; during the pendency of the tax and funding bills.

Mr. CONNESS. I move to amend so that the evening session shall be provided for, but given to other business; and I hope the Senator from Ohio will consent to that. It must be known to the Senator from Ohio and to the Senate that there are a great many pending bills of great importance; and while perhaps they are not of equal importance with the tax bill, they certainly are of transcendent consequence, and we ought to have some portion of the time to give attention to them. If we work here all day upon the tax and funding bills, the two special orders, which I am willing to do until they are disposed of, I think that will be giving time enough to them, while in the evening we may come here to attend to other business. If you exclude other business, you necessarily defeat a great deal of it; because if you drive much of the other business up to the end of the session, it may occur to the President to exercise that constitutional control that he is ever given to, and either put bills in his pocket or veto them just before the end of the session. I might refer now to many bills, which I do not wish to do, that are of sufficient importance, to say the least, to merit our attention at an early day, and I hope the evening sessions will be devoted to them; I therefore move that amendment.

The PRESIDENT pro tempore. The Senator from California moves that the order be so amended as to embrace other business to be considered at evening sessions.

Mr. CONNESS. That the evening sessions shall be devoted to general business. Mr. SUMNER. I hope I shall be excused if I come back to my original suggestion. It seems to me we had better let each day take care of itself. At five o'clock in the afternoon, if we feel disposed to come in the evening, we can take a recess; if not, we can adjourn. It seems to me that we had better wait until the hour comes each afternoon and then determine what course we shall take.

Mr. SHERMAN. My friend from Massachusetts will allow me to suggest that the motion to take a recess is not strictly in order except by unanimous consent; but this motion that I have submitted is in the usual form, and a recess will be taken unless a majority of the Senate desire to adjourn. If so, a motion to adjourn at any time is in order, and of course that dispenses for that evening with the evening session. We have the whole matter then within our control, so that a majority of the Senate can determine whether they will sit in the evening or not. I trust this order, which is in the usual form at this period of the session, will be adopted.

Mr. MORTON. It will be very inconvenient, if not impossible, for some of us to attend evening sessions, and I beg leave to suggest that so far as I have any opinion in regard to them there is nothing gained by them; and I think that the legislation performed at evening sessions might be of a somewhat dangerous character. If you have a quorum you will scarcely have anything more; you cannot get a full attendance of the Senate at night. I understand the House of Representatives have been holding evening sessions for some time past, and I understand they have had great difficulty in getting a quorum.

Mr. CONKLING. No more in the evening than in the day.

Mr. MORTON. The Senate can do as much

work as they can do well between twelve o'clock and the time for adjournment for dinner. If you throw the evening sessions open to bills of every kind, a good many bills will be likely to slip through here at night that ought not to be passed at all. Mr. POMEROY. I think there is a good deal of force in what the Senator from California says, that we must either not do our business if we intend to have an early adjourn ment or we must devote some special time to it. It is simply a question of neglecting to do the public business, or else we have got to have some evening or some day devoted to something besides the tax bill. I remember to have seen some members of the Senate together recently somewhere, and no two of them agreed on a single proposition in reference to the funding bill. If no two members of the Senate do agree in regard to the provisions of the funding bill now, it cannot be passed speedily; it must remain here day by day and week by week if it is going to be pressed to a successful vote; and if that be so, we ought at least to have now and then a day, or an evening at any rate, for other business. There are reports of committees of conference on very important measures that will excite some debate, and may require time for their consideration.

Mr. CONKLING. Allow me to make a suggestion to the Senator from Kansas. He wants some evening when general business shall be considered. After the tax bill shall have been passed, with such amendments as may be made by the Senate, it must necessarily go back to the House of Representatives, and there, inevitably, will be a considerable interval during which pressing legislative matters of a general character may be taken up. I doubt whether additional time would be gained for general legislation by intermingling it now with the tax bill.

Mr. POMEROY. This order embraces the funding bill as well as the tax bill, and I do not think the funding bill will be disposed of in a week. If the Senator from Ohio will strike out so much of the order as relates to the funding bill I will vote for it.

Mr. SHERMAN. Both bills are now the special order; and this question is only a question as to whether we shall have night sessions.

Mr. POMEROY. I do not think a special order can be made to cover two or three separate bills.

Mr. SHERMAN. It has been done. Mr. POMEROY. Perhaps it can be done if nobody objects. A special order can be made of any one bill only by a two-thirds vote, but we have had no two-thirds vote on that question yet.

Mr. CONNESS. There is a bill before the Senate, reported from the Committee on For eign Relations, that I deem of great cousequence, and which I wish to have action upon at an early day-I mean the bill for the protection of American citizens abroad. If the order proposed by the Senator from Ohio shall obtain it will be equivalent to the defeat of that bill, and, I may say, of many others. I have waited with patience, and proper patience, for the honorable chairman of the Committee on Foreign Relations to call up that bill, or to propose to appoint it as a special order for a particular time, which, however, he has not seen fit to do. Until some time should pass, it occurred to me that it would be improper for me to call it up, and therefore I have desisted; but I shall feel obligated to call the attention of the Senate to that bill, and seek to get a vote upon it at an early day if it shall not be called up and pressed on the attention of this body by the honorable chairman to whom I refer. Now, sir, the adoption of the order proposed by the Senator from Ohio will be a prohibition of that and of other business.

Mr. SHERMAN. The Senator from California certainly does not want to misunderstand the proposition.

Mr. CONNESS. I would not, of course.

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Mr. SHERMAN. This resolution has nothing to do with the business that shall be transacted. These two bills are made the special order by a previous order, and this simply provides a mode by which the Senate may hold evening sessions if it is desirable. Without the adoption of this resolution any Senator might object to a motion for a recess, and thus prevent an evening session; but with this resolution the Senate in the evening may if it chooses lay aside for the time being the tax bill and take up the bill the Senator refers to.

Mr. CONNESS. Then I desire to ask my friend from Ohio whether he would feel it incumbent on him to oppose such a course on the part of the Senate?

Mr. SHERMAN. That has nothing to do with the question, but I will answer with entire frankness that, so far as I am individually concerned, I shall oppose considering anything else until the tax bill is disposed of.

Mr. CONNESS. Then the Senator announces that if this order be made he will insist, with his great influence in the Senate in the position in which he is placed, upon occupying the whole time, day and night, until these two bills are through with. It is to that that I am opposed, and I hope the Senate will not order it. I would prefer the suggestion of the Senator from Massachusetts, that we go on considering the two bills in charge of the honorable Senator from Ohio and leave it to be determined by the Senate on each day whether we shall continue the consideration of those bills or take up other bills to be specially named, as well as the establishment of an evening session; but I shall not vote to now order evening sessions to be occupied exclusively, in addition to the day sessions, by these two bills.

Mr. FESSENDEN. Mr. President, it has now got to be the 6th day of July. The House of Representatives has sent us a resolution providing for an adjournment on the 15th. I suppose we desire to adjourn some time during this month; and from my experience in the Senate I am induced to say that if we intend to adjourn at any time during this month we must now put the control of the business of the Senate into the hands of those who have charge of the bills which must be passed before we adjourn, and not allow the wishes of Senators as to individual bills, which are not of such pressing importance, that is not such as of necessity require to be passed at this particular session, to interfere with it. The Senator from Vermont [Mr. EDMUNDS] presented to us the other day a bill which he considered, and which a great many considered of importance to be passed at once, if passed at all, as possibly it might be vetoed; but the Senate seemed to think that it was not of any consequence compared to a few matters of incorporation of very important companies here in the District of Columbia, and two or three things of that sort, and passed it over, so that the time for it has perhaps gone by. I do not think such a course of legislation will possiuly bring us to a close of this session within any reasonable time.

Now, sir, we have before us a bill of one hundred and thirty pages with reference to the internal revenue. Everybody concedes that it must be passed. What process has it to go through? We must act on it here, and it will necessarily elicit very considerable debate. Then it must go back to the House of Representatives with the amendments we make, and be considered there. Then it must go before a committee of conference, and be considered there before it is finally closed. Senators will see that if this process is to be gone through with this bill, and we are to get away at any time within six months, there is only one thing for us to do, and that is to take up the bill at once and consider it, and stick to it until it has been done. That has been the course pursued when we have had bills of that description before us heretofore. We cannot take it pp one day and then allow something else to interpose, and other questions to be brought

up continually, and hope to get through and get away from here in any reasonable season.

In addition to that there is the funding bill, which the Senate has made a special order, and which will necessarily elicit some debate, but it is not a long bill, and can be disposed of probably in a comparatively short time. What inore have we? We have yet unfinished several of the most important appropriation bills. Two, at least, I think, have not yet been reported to the Senate, the deficiency bill and the Indian bill.

Mr. MORRILL, of Maine. The Indian bill has been reported but not acted upon.

Mr. FESSENDEN. There are other appropriation bills yet to come to us from the other House. Then there are appropriation bills that we have passed which will take up a considerable time yet before they are finished, on account of the amendments between the two Houses.

Now, let me say to the Senate that, if they design to get through at all. they must take up those bills which must necessarily be disposed of before we adjourn, and stick to them until they are passed, and then, if there is any time left in which we can take up other matters, take them up. It is the only way we can possibly expect to get through business in any reasonable time and get away.

As to evening sessions, I will not object to the motion of the honorable gentleman from Ohio, because it leaves it in the power of the Senate to control the matter by an adjournment at any time; but we know from our experience how very severe it is in this extremely hot weather to work here all day and then come and work here all the evening with the heat from the gas above coming down upon us. You will hardly get a quorum here, and if you devote the evening to general business, which is not of this pressing importance in which everybody is interested, the result is that you will probably get through a great deal of bad legislation, or of legislation in a very bad shape, because nobody except those who feel particularly interested in it will be here. Of all times in the world to take up general legislation under such circumstances that it cannot be known beforehand by Senators what will be taken up the evening is the worst time to expect good legislation. You ought to have something before the Senate in which all are interested, which will bring a quorum of Senators here to attend to it.

I hope, therefore, that if we are to consider the matter of evening sessions at all, it will be left at present, while this extreme heat lasts, at this period of the session, within our own control, and that when we have an evening session it will be devoted to that kind of business which will bring enough of the Senate here to secure proper and reasonable and safe consideration. But, sir, at present, though I am perfectly willing to agree to it for the sake of these bills which are of so much importance, it will be difficult to hold an evening session, because we all know that we are to expect nothing but very hot weather from now until the end of the session, and that in the last days of the session we must necessarily hold evening sessions, and sometimes perhaps sit all night, as we have done frequently-I have been here once in my life forty-two hours without sleep, day and night successively-I do not want to do it again during my legislative

career.

If we go straight along with these absolutely essential bills and attend to them until they are disposed of, we may have some chance of getting through in a reasonable time and in a reasonable manner, and preserve our health; but if we are to devote evening sessions to general business, we shall not only have a great deal of poor legislation, but wear ourselves out. I hope nothing of that kind will be done. I am therefore in favor of the motion of the Senator from Ohio.

Mr. SUMNER. I will make one more suggestion. It does not seem to me that the Senate can attend to more than one important |

matter at a time. It cannot be driving two good horses abreast. It may, I know, take up some small matters, but it can attend to only one important bill at the same time. Now, the Senator from Ohio moves his tax bill. It seems to me we should proceed with that to the end, and then take up another important bill, occupying ourselves in the morning hour, or, should we have an evening session, in the evening session with such other less important matter as we may then attend to.

And this brings me to the allusion of the Senator from California. He seemed to complain that I, as chairman of the Committee on Foreign Relations, had not asked the attention of the Senate to the bill reported from that committee some few days ago. I doubt not that the Senator from California has kept the run of the business of the Senate much better than I; and yet sitting in my seat all the time I have not known any moment when that bill could properly have been moved. It is an important bill, calculated to invite discussion, which ought to be discussed. When the time comes I shall have great pleasure in meeting, and in endeavoring to explain it to the Senate. I do not think it expedient, however, to mix that measure with the tax bill. Let us finish the tax bill; and then, if the Senate are disposed, they may proceed with the bill to which the Senator from California refers.

Let me add, also, that the Senator from California knows well that there is another matter in executive session in which he is much interested, in which I am interested, and on which I think we ought to secure the attention of the Senate before an adjournment. That matter was reported some time ago, long before the bill to which he now calls attention. I should like to appeal to that Senator to unite with me in an effort to obtain an executive session either in the forenoon or in the evening, and the earlier the better, in order to consider that matter. I do not name it in public because it belongs to our executive business. The Senator will understand what it is.

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Mr. CONNESS. I only wish to say that one of the objects I have in view in moving and voting against the entire monopoly of our time by any two bills is to consider just such subjects as that to which the Senator alludes. The argument made by the Senator from Maine amounts to this, as I understand it, that we shall take up the tax bill, the funding bill, the appropriation bills, and give all the time to them, and then adjourn. That is practically what it amounts to. I am prepared to stay here until all the essential legislation is done; but I do hope that pending the consideration of those bills we shall allow the evenings to remain free and unoccupied, so that we may select them for the business to which the Senator last referred, or other important business now pending in this body.

The Senator understands as well as any Senator here that a chairman, being charged with the conduct of business, has devolved on him the special duty of pressing it upon the attention of the body of which he is a member, and that the committee who authorize him to make a report will always stand by him in securing such attention; and he cannot by any smooth words pass off on an humble member of the Senate like myself the responsibility for delay in the important matters to which reference has been made. It is his business and his responsibility if they be neglected. I stand here ready to sustain him with my vote in securing the attention of the Senate to this and all other bills that he has in charge if he will but do his part in pressing them on the attention of the Senate.

Mr. ANTHONY. Mr. President, this is the motion that is always made at this period of the session by the Senator who has charge of the financial bills before us, whether bills of appropriation or bills for raising money; and it is always agreed to. The only question is whether we shall make a motion every day that an evening session shall be held if we desire it, or whether we shall make a motion

every day that we shall omit the evening session if we desire to do that. Certainly the latter is much preferable. The business that it is conceded by all must be passed should be in the control of the Senator who has charge of it; and I hope we shall agree to his proposition.

Mr. HOWE. Mr. President, I agree that this motion is made every session, and, perhaps, agreed to every session, and I guess it will be this session; but I should rather be excused from agreeing to it myself. This bill, I suppose, will be passed in some shape. If my own wishes were to be consulted, however, I think I would rather adjourn to-day than pass the first section of the bill, at all events; but I suppose that it will be passed. I submit, however, that there is no sort of necessity that it should be passed between this and the 15th of July; nor is there any sort of necessity that we should adjourn by the 15th or the 30th of July, or by the 30th of August. The public will not suffer, so far as I know, if we stay here a month and a half, unless we pass this bill in the mean time. I think we have until December next to complete the business of this session. It is uncomfortable staying here, I ad:nit. Our health may require us to get away as soon as we can; but in my judgment we shall legislate more profitably both to the public and to ourselves individually if we do not try to do two days' work in one. There is time enough to do all that there is to be done, I think, and yet do but a single day's work in a single day. Inever could understand when our time is unlimited the philosophy of waiting until the hot weather comes, when it troubles an able-bodied man to breathe at all, and then to crowd on all the steam of which you are capable, running clear up to eighty pounds. It is suggested to me that the House of Repre

sentatives makes us do it. I do not think the House does any such thing. We cannot charge that on the House; we do it voluntarily. We find this business here, and we fix a day ahead when we think we would like to go home, and then we work with reference to going home, and not so much with reference to doing the business. It is perfectly right that the Committee on Finance should control the time of the Senate; that the business recommended by that committee should have preference here until it is disposed of; but I do not think it is within the province of that committee or any other to say how many hours in the day we shall work. If it does belong to them I do not insist upon the eight-hour rule, but I am rather inclined to protest against the sixteenhour rule. I think we should control our time. If at any time the chairman of the Committee on Finance thinks we can economize labor and strength by holding an evening session, let him say so, and I have no doubt the Senate will be willing to do it. If any subject comes up which it is important should be passed upon a particular day, he can not only make us sit during the day and during the evening, but during the night to dispose of that particular subject; but when we are working on bills which may be passed any time during the ses sion I hope the chairman of the Committee on Finance will work us as easy as he consistently

can.

I will work as long as he says. Mr. WILLIAMS. I have only one remark to make, and that is that, in my judgment, it is not advisable to hold evening sessions for the transaction of business unless we know beforehand what business is to be transacted. I think that notice in some way ought to be given during the day time as to the business to be done at night.

Mr. CONNESS. Allow me to make a suggestion. If the Senator will move to amend the original order, so as to let the Senate cach day appoint the business that shall be done during that evening, I will withdraw the amendment.

Mr. WILLIAMS. I made this remark simply by way of opposition to the amendment of the Senator from California, because some of the members will be unable to be here on account

of physical disability, if not from other causes, every evening, commencing work at ten o'clock in the morning, and unless there is some business of importance before the Senate in the evening they may not esteem it necessary to be present. I think that if the order is left to stand as it is proposed by the Senator from Ohio a special motion can be made, if it be desirable that some evening be set apart for the discussion of a bill, for instance the bill suggested by the Senator from California. He can make his motion at any time that a certain evening be set apart for the discussion of that bill, and then we shall know that the bill is coming up and those interested can come here and attend to it.

Mr. CONNESS. I understand it will require then a two-thirds vote of the Senate to set aside the special order now proposed by the order of the Senator from Ohio. That is the difficulty, and therefore I am opposed to his order.

Mr. SHERMAN. We have already spent some forty minutes on this matter, and I think we ought to come to a vote on it. A majority of the Senate can at any time postpone a special order; it does not require a two-thirds

vote.

The PRESIDENT pro tempore. The question is on the amendment of the Senator from California to the order proposed by the Senator from Ohio. Both the amendment and the order will be read.

number of gauge or wine gallons when below proof, and shall be increased in proportion for any greater strength than the strength of proof-spirit as defined in this act; and any fractional part of a fallon in excess of the number of gallons in a cask or package, shall be taxed as a gallon. Every proprietor or possessor of a still, distillery, or distilling apparatus, and every person in any manner interested in the use of any such still, distillery, or distilling apparatus, shall be jointly and severally liable for the taxes imposed by law on the distilled spirits produced therefrom and the tax shall be a first lien on the spirits distilled, the distillery used for distilling the same, the stills, vessels, fixtures, and tools therein, and on the lot or tract of land whereon the said distillery is situated, together with any building thereon, from the time said spirits are distilled until the said tax shall be paid.

The Committee on Finance proposed to amend the section by adding the following proviso:

Provided, That the tax on brandy made from grapes shall be the same and no higher than that upon other distilled spirits.

Mr. COLE. I hope that will be passed over for the present.

Mr. SHERMAN. There are so many amendments that I think we had better act on them

as we go on regularly. This is a very simple question, and might as well be determined now as any other time. The question presented is simply whether brandy, which nows pays one dollar tax, shall pay fifty cents or one dollar.

Mr. COLE. I move to amend the amendment so as to make the tax on brandy made from grapes one half what it is on other spirits,

The Chief Clerk read the order of Mr. SHER- twenty five cents a gallon. Under the law as MAN, as follows:

Ordered, That during the pendency of the tax and funding bills the Senate will, unless otherwise ordered, take a recess at five o'clock p. m. until seven and a half o'clock p. m.

The amendment of Mr. CONNESS was to add, shall be devoted to the consideration of other "and that the evening sessions thus ordered general business on the Senate Calendar."

The amendment was rejected.

The question recurring on the order proposed by Mr. SHERMAN,

Mr. CONNESS called for the yeas and nays; and they were ordered.

Mr. POMEROY. I have no objection to that order if the funding bill is stricken out. The funding bill is a Senate bill, while the tax bill is a House bill. I have no objection to sitting at night for the tax bill, but to attach to the House bill a funding bill, and say they must both be stuck together and kept together, and be the order of the Senate until they are both completed, is an unheard of thing.

The question being taken by yeas and nays, resulted-yeas 22, nays 16; as follows:

YEAS-Messrs. Anthony, Cattell, Chandler, Cole, Conkling, Corbett, Cragin, Edmunds, Fessenden, Frelinghuysen, Harlan, Hendricks, Howard, Johnson, Morgan, Morrill of Maine, Morrill of Vermont, Osborn, Sherman, Tipton, Willey, and Williams-22.

NAYS-Messrs. Buckalew, Conness, Davis, Fowler, Howe, McCreery, McDonald, Morton, Pomeroy, Ramsey, Ross, Sumner, Trumbull, Wade, Welch, and Yates-16.

ABSENT-Messrs. Bayard, Cameron, Dixon, Doolittle, Drake, Ferry, Grimes, Henderson, Norton, Nye, Patterson of New Hampshire, Patterson of Tennessee, Rice, Saulsbury, Sprague, Stewart, Thayer, Van Winkle, Vickers, and Wilson-20.

So the order was agreed to.

INTERNAL TAXES.

Mr. SHERMAN. It will expedite the consideration of the tax bill if the Senate will dispose of the amendments reported by the Committee on Finance as they are reached in the reading of the bill in its order.

The PRESIDENT pro tempore. That course will be taken if there be no objection. The bill ually secure the collection of internal tax on (H. R. No. 1284) to change and more effectdistilled spirits and tobacco, and to amend the tax on banks, is before the Senate as in Committee of the Whole, and will be read.

The first section of the bill was read, as follows:

Be it enacted, &c., That there shall be levied and collected on all distilled spirits on which the tax prescribed by law has not been paid, a tax of fifty cents on each and every proof galton, to be paid by the distiller, owner, or person baving possession thereof before removal from distillery warehouse: and the tax on such spirits shall be collected on the whole

it now stands the tax upon brandy manufactured out of grapes is but half that upon other brandies. There is a good reason for this; a reason that has been recognized by Congress, I believe, upon the passage of every one of the tax bills that have been acted on heretofore. To those who are acquainted with the business of making wine and grape brandy the reasons will be very obvious; but perhaps not to those who are unacquainted with that business.

This brandy is manufactured out of the refuse substance that is left after the wine is manufactured; and if there is this heavy tax, this tax out of proportion put upon it, it must necessarily result in destroying or breaking up this manufacture of brandy; and it will result in so much loss to the country. Unless this description of brandy has some advantage of this sort, it cannot come in competition with brandy that is made in the other forms. This has been determined frequently before. There is no doubt about the truth of what I say. The substance out of which this is manufactured is called the lees or the pummice, as it were, of the grapes, after the wine has been pressed from them. This brandy is used afterward to some extent in perfecting the wines. It is necessary in the vineyards for.this use. If this tax is put upon it, it will to a great degree hamper this product. I have received an earnest letter from one of the most distinguished citizens of California, a member of the State Senate, which I will ask the Clerk to read, bearing immediately on this subject; and I will state further that I have received several communications on the subject. The vine-growers of California are very much alarmed lest there should be no discrimination made on their behalf, as has been the case heretofore. The Chief Clerk read as follows:

LOS ANGELES, CALIFORNIA,
June 12, 1868.

DEAR SIR: Telegraphic reports from Congress that it is intended to reduce the tax on whisky to sixty cents per gallon, and nothing being said of grape brandy, have filled the vine-growers of the State, and particularly the people of this southern section of the country, with alarm that there is no one in Congress to attend to their interests.

If the tax on whisky is reduced to sixty cents the tax on grape brandy ought to be abolished altogether or the vine-growing interest of the country will decline instead of becoming one of the important branches of our agriculture.

I have been solicited on all sides by the friends of vine-culture, who are becoming a most influential class, to call your immediate attention to the grape brandy interest, and that you will defend it faithfully in Congress, and that you will unite with you in that defense all the representation from the Pacific slope. Very truly yours,

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PHINEAS BANNING. Hon. CORNELIUS COLE, Washington city.

Mr. COLE. I am not prepared now to go into a full explanation of this subject. I do not think it worth while. I wish the chairman of the committee could have consented to let it go over until I could have come into possession of all the facts. I was not aware it was coming up at this time, and I have not the data before me that I wish I had and that I could have if the subject were postponed. I hope, however, the Senate will agree to this rule that has prevailed heretofore to exempt this description of brandy from the tax that is imposed upon other brandies and whisky.

Mr. MORRILL, of Vermont. The Senate should be put in possession of the facts in relation to this case before they are called upon to vote. The present duty, the lowest duty upon brandy, is three dollars per gallon. The present internal tax on brandy is one dollar per gallon. By this bill it will be reduced from one dollar to fifty cents; the precise amount that we levy upon the rawest kind of whisky. The brandy made from grapes, as I understand, is a very excellent article, and sells for a greatly increased price above that of whisky. It is a favor to have it placed upon the same level with whisky, a favor which the Committee on Finance were very ready to concede; but after this article has been protected by a duty on foreign importations to the extent of three dollars per gallon, to ask anything more on the part of Congress it seems to me would be asking too much.

I know that my fascinating friend on my right [Mr. CONNESS] will present this case as one of peculiar hardship to California; but I think it is a very great favor that we allow this article to be taxed no more than the corn whisky made in the western States. I trust, therefore, that the amendment proposed by the Senator from California will not be assented to.

per gallon. It is of the vintage of 1800 or
1815, and so on down to within ten years of
the present time; no other class of brandy can
find sale in an American market or in any
market. I desire to correct gentlemen in their
statements, in their impression in this regard.
The distillation from grapes is when distilled
and for a long time thereafter, utterly unfit for
consumption, that until it gets years and years
of preservation, and is toned down by the evap-
oration of the alcohol from it; and during
those years it has to be kept at the cost of
interest upon the money. Besides, a vineyard
to produce it must be planted many years in
advance of a crop; and although they begin
to get some few grapes from vines planted in
the third and fourth year in California, there
is no crop of grapes from any vineyard there
or elsewhere in less than eight, ten, twelve, or
twenty years. Yet during all that time inter-
est has to be paid upon the money by which
those vineyards, extensive vineyards, have been
planted and are cultivated and sustained.

Again, let me tell Senators that in Califor-
nia, the only country that possesses advan-
tages that rival France and Italy and Germany
in the production of the grape, we have pecu-
liar difficulties to contend with. We have there
no timber to make our casks from; at least
none yet. We import them at immense prices.
Though we have great natural advantages by
reason of our climate and soil, we are under
disadvantages in every other respect in the
high price of labor; in the time necessary in
bringing forward the vineyards; in the years
necessary to put brandy in the market and
make it fit for sale and consumption; we are
borne down by the high rates of interest, and
very few of our wine-makers-very few of those
who begin to plant their vineyards reap the
result of their crops; their vineyards pass,
like many other costly investments, into other
hands, and finally those who buy a vineyard
already growing a crop, bringing new capital
into connection with its products, eventually
if you do not tax them out of existence, may
make a business that is worthy of their atten-
tion.

Mr. CONNESS. Mr. President, we ought to acknowledge with becoming thankfulness the boon that this Committee on Finance, and especially my friend from Vermont, have granted us in not proposing a special additional tax upon brandy made in the United States from grapes. We are to thank the great organ of home manufactures, my honorable friend from Vermont, the originator of all tariffs at least the children think so-in this country, because he has not seen fit to tax out of existence one of the greatest growing interests in the Ameri-ing interest that we are endeavoring to reprecan Republic.

I was only surprised, Mr. President, coming to earnest considerations, at the ground upon which my friend puts his action upon this subject. Three dollars per gallon is imposed upon foreign brandies by our tariff, and therefore it is a favor to the home manufacturers and grow. ers of brandy made from grapes that a special additional tax over and above that which is imposed upon corn whisky is not imposed upon the home-made brandy, for, says the Senator, brandy made from grapes is excellent! Well, now, I ask my honorable friend if there is any brandy in the world not made from grapes?

Mr. MORRILL, of Vermont. Yes, from apples and peaches.

Mr. CONNESS. Well, Mr. President, there is a liquor nick-named brandy, but it is more properly called apple-jack when made from apples, and it ought to have such a designation applied to it according to the fruit from which it was extracted. But, Mr. President, there is no pretense by anybody who has any information on the subject that brandy is man. ufactured from anything else than grapes. Why, sir, the brandies that we get from Europe are made from the vines grown in France and Germany and Italy, or else they are base concoctions made up for us in imitation of those brandies. But, sir, there are no new brandies sent here for sale. A brandy made from grapes, within five or ten years after its manufacture, is not fit for human consump tion. and it is not consumed. The brandy upon which three dollars per gallon is imposed of duty at our ports is worth when it comes into the market for sale and for my friend's consumption eight, twelve, or fifteen dollars

Mr. President, after the question was fully discussed here a year ago and the reasons given pro and con., a section was agreed upon as at least a reasonable concession to the great grow.

sent. It is found on page 477 of the Statutes-at-
Large for 1865 and 1867, section twelve of the
act of March 2, 1867:

"That there shall be levied, collected, paid on
brandy made from grapes one dollar per gallon; and
if any person shall knowingly manufacture, com-
pound, put up, sell, or dispose of, or cause to be
manufactured," &c.

And then follows the penalty to be imposed for attempts at making a bogus or factitious or simulated article. That was agreed to; and there has not been a complaint made through the internal revenue authorities that it has led in any respect during the year of its existence to one single attempted fraud.

The

Now, my honorable friend from Vermont and the Committee on Finance seem to think that as they are reducing the tax on spirits produced from the cereals, it is a great favor to us engaged in the production of brandy. Why, Mr. President, the cases are entirely dif ferent. The man who engages in making spirits from grain goes into the market and brings his grain, and in a given number of days it is transferred into spirits, and passes from his hands into the market for sale. country yields its annual grain crop. But it takes years and years to produce a crop from grapes on a vineyard capable of producing a crop. In the State of California at this time there are probably not less than twenty million vines planted, and yet the product of the vineyards there is still inconsiderable; but within ten or fifteen years to come the interests of this country will be promoted by that crop to a greater extent than, perhaps, in connection with any single article produced in the United States. We send now, for either real or simulated brandies, to Europe millions of

our gold annually, which we shall then be enabled, if we do not crush this interest out of existence, to keep within our own hands, dealing with our own people and enriching ourselves.

Mr. President, I do not deem it possible that it should be necessary to say anything further in regard to this question. When receiving the other day telegrams from various sections of my State, and presenting them here with the wish that they should be referred to the Committee on Finance, I supposed that that committee would take this matter into generous consideration. I supposed that the fostering hand that has brought American manufactures and products up to a competing condition with those of other nations of the world would not be denied to us in connection with this interest. But, Mr. President, I confess my surprise, particularly at my friend who sits at my left hand, [Mr. MORRILL, of Vermont,] that he turns away from this interest, that he fails to investigate and ascertain its exact condition, that he denies its demands, and that he who has been known so proudly through the country as the one who favored and conducted the productive interests of this country to their present condition of success by a reasonable protection, denies that meed of protection to us and to this interest that we represent here.

But, Mr. President, it is not to the generosity of Senators that I would appeal, but to their sense of justice, to remind them that that country lying on the broad shores of the Pacific is not our country, but it is their country; its products are their products; its advance is their advance: its success becomes their success, and its glory their glory. They must not forget, Mr. President, as I have taken the oppor. tunity to remind them on more than one occasion, that the Government of this great continent is carried on upon one side of it while some of its greatest and grandest works are being carried on upon the other side, thousands and thousands of miles from where that Gov. ernment is conducted. We cannot expect, Mr. President, that honorable Senators and legislators here will enter exactly and familiarly into the consideration of the details of the interests of that great region; but we ought to expect and have a right to expect, and we do receive from many Senators, I confess, acknowledge with great gratification, that considerate regard from time to time to which we are entitled.

I hope, Mr. President, that the Senate will vote for the adoption of the amendment offered by my colleague. It is asking nothing new; it is maintaining what has been conceded heretofore. It is in behalf of one of the greatest growing interests of America. And, sir, I do not know how I shall return to the sunny land where this great interest is being carried on after having been voted down upon a propo sition so simple and embracing so much natural justice. I trust, therefore, for the favorable vote of the Senate upon this amendment.

Mr. SHERMAN. The Senator from California [Mr. CONNESS] evinces a great deal of spirit in this matter which I think the figures hardly justify, in behalf of California. The Committee on Finance, finding that there was some doubt whether or not this bill reduced the tax on brandies, proposed to put on this proviso. If the Senator will look at the law he will find that brandy being taxed specifically at one dollar the first section of this bill might be held not to reduce that tax; and the committee in order to give brandy the benefit of the reduction which this bill extends to other spirits placed it at fifty cents, also. Now the Senator speaks as if this was a matter in which California alone was interested. So far as the production of brandy from grapes is concerned Ohio has the same interest as California.

Mr. CONNESS. Not at all.

Mr. SHERMAN. The Senator will be very much surprised when I tell him that California does not yield us one twelfth part of the amount that is received from this single article of brandy. Brandy is not only made from grapes; brandy

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