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States, direct me to report it back and recom- Mr. HARLAN. When this question was up more reason why the United States should mend its indefinite postponement, the subject before I attempted to explain it. The Gov- build a railroad bridge here for a private cor: having been acted on.
ernment has been building, and is still con- poration than there would be at Troy? We The bill was indefinitely postponed.
structing, large works for an arsenal and armory have an arsenal opposite Troy, the Watervliet Mr. TRUMBULL, from the Committee on on Rock Island, lying in the Mississippi river arsenal, and there is a railroad that crosses the the Judiciary, to whom was referred the memo. between the town of Rock Island, in Illinois, | Hudson to West Troy, where the arsenal is rial of the National Board of Trade, praying and the town of Davenport, in Iowa, and it is located. the passage of an act to incorporate said Na- necessary to have a connection with each shore. If the Senators from New York were to come tional Board of Trade, asked to be discharged This resolution provides for a bridge across the forward here and ask us to build a bridge there from its further consideration; which was. channel between the island and Illinois to be that would accommodate not only the great agreed to. constructed entirely by the railroad company,
Central railroad from Troy to Schenectady, He also, from the same committee, to whom and for a bridge between the island and the but passenger and foot travel, would the Sen. was referred the petition of W. S. Chipley, Iowa shore to be constructed jointly by the ate listen to it for a moment? Take the case praying the release of his son, William Dudley Government and the railroad company. The of Massachusetts. You have an armory and Chipley, imprisoned by order of the military | railroad company now have a structure across arsenal at Springfield, and the Massachusetts authorities in Georgia, asked to be discharged | the river at that point which, it is insisted by Western railroad has a bridge crossing at from its further consideration; which was the river men above and below, to some extent Springfield. Suppose the people of West agreed to.
interferes with navigation, and it is thought | Springfield should ask to have a bridge built He also, from the same committee, to whom desirable to have it torn out, and perhaps it there by Congress, for the use of the railroad was referred the bill (S. No. 576) relating to ought to be torn out; and yet it answers all and for accommodation of public travel, would the district courts of Utah Territory, reported the purposes of the railroad for passing their the Senate of the United States listen to it for it with an amendment.
trains. This bridge is intended to accommo- a single moment? And yet in both the cases F. N. BLAKE.
date both a wagon-road and the railroad. It I have mentioned there is as much reason Mr. POMEROY. If there is no further
is provided that part of the expense shall be why the United States should embark in this morning business, I move that the Senate pro
borne by the Government and part by the rail- extraordinary enterprise as there is at Rock ceed to the consideration of House bill No.
road coin pany, and in that case the old bridge || Island. I do not think our present revenues
is to be torn out, and in that way remove what warrant any such expenditures.
Mr. MORTON. I should like to ask my
friend from Vermont one question. If the any objection to the present consideration of
have it done, and all the people above on the Government of the United States authorized the bill?
river, in lowa, Illinois, Wisconsin, and Min- the building of a bridge at Rock Island which Mr. EDMUNDS. What is the bill?
nesota, are very anxious to have it done. turned out to be an obstruction to navigation The PRESIDENT pro tempore. The bill
Mr. 'MORRILL, of Vermont. This is a and a nuisance, is it under any legal obligations will be read by its title,
resolution that ought not to be considered in to build another one in its place, if it assumes The CHIEF ČLENK. "A bill (H. R. No. 1156)
the morning hour. If it is to pass I desire to the responsibility of pulling down this nuisance? authorizing the Commissioner of the General
occupy more time than there is now left, for I Mr. MORRILL, of Vermont. I have no Land Office to issue a patent to F. N. Blake
mean to fully expose the entire character of question in relation to the equity of the claim
this measure. We have made liberal appropria- the railroad company would have if we should for one hundred and sixty acres of land in Kansas."
tions for Rock Island. I do not object to the go and destroy their property. If the courts, Mr. POMEROY. The facts are all set out appropriations for the establishment of an which have been appealed to, refuse to declare in the preamble of the bill. Let the bill be
arsenal and armory at Rock Island. But here the bridge a nuisance, what attitude would the read at length.
is a proposition, brought forward in the first United States beinin going forward and author. There being no objection, the Senate, as in making an appropriation of barely $200,000
instance in an appropriation bill some years ago, ) izing the War Department to abate and destroy Committee of the Whole, proceeded to con
it without any examination and without any sider the bill. The preamble recites that mili
for building a bridge from Rock Island to ceremony? tary bounty land warrant No. 82578 for one
the Iowa shore, and of that sum the railroad But, Mr. President, this is a bill that ought hundred and sixty acres was issued under the
company was to pay one half, and one half of to receive the careful scrutiny of Congress. It act of March 3, 1855, in the name of Betsey
the expense of keeping the bridge in repair is time that we adopted some policy and Foster, and by her sold and assigned to F. N.
was also to be paid by the railroad company. udhered to it, a policy that we are willing to Blake, and thereafter lost by Blake; that Blake | Subsequently, or at some time, a report was stand by, in relation to internal improvements. proved the loss and ownership of the warrant
made making estimates for this bridge, and the I am unwilling myself to vote for an approprito the satisfaction of the Commissioner of estimates were, as I have been informed, ation of this extravagant character, which is for
the benefit mainly of a private corporation, and warrant and has located the saine on the north | proposition comes in here that the bridge shall Pensions, and obtained the issue of a duplicate || $1,200,000. Now, without stating a word as
so far as the interests of the United States are east quarter of section twenty-five, in township be built not to exceed the estimate of the cost,
concerned they do not amount to a fraction of
the whole case.
which is, as I believe, $1,200,000. We have Mr. MORTON. There is a somewhat immissioner of the General Land Office to cause
appropriated and paid out something like three | portant lesson to be learned from this bill. The
hundred thousand dollars to extinguish the a patent for the land to be issued to F. N.
United States authorized the construction of a Blake, as if the duplicate land warrant had private rights upon this island. We then paid
bridge at Rock Island, which turned out to be been assigned to him by the warrantee.
$100,000 in order to acquire possession of some a serious obstruction to navigation.
We have ap- Mr. RAMSEY. The Senator from Indiana The bill was reported to the Senate without water-power upon the island.
is misinformed. The United States never amendment, ordered to a third reading, read I propriated six or seven hundred thousand dol. the third time, and passed.
lars to establish the arsenal and armory. I authorized the construction of the old bridge. understand that it is the purpose here to have It was built there in virtue of laws of Illinois
an establishment for which at least we have at and Iowa. Mr. HARLAN. I move that the Senate present no use, that shall cost $20,000,000, Mr. MORTON. I may be mistaken about proceed to the consideration of House joint which is to exceed anything in the known world that, but the bridge turns out to be an obstrucresolution No. 201.
for its extent, magnificence, and beauty. But tion to navigation. The Government resolves The motion was agreed to; and the consid that is not the question that is under consider- to pull it down, and may, therefore, I will not eration of the joint resolution (H. R. No. 201) || ation here.
deny it-be under some obligation to bear some in relation to the Rock Island bridge was Why should the United States be called upon portion of the expense of building another resumed as in Committee of the Whole, the to build a bridge here at all? The facilities bridge. I simply want to refer to this to show pending question being on the amendment needed for reaching the Illinois shore are very the importance of not allowing any more bridges reported by the Committee on Post Offices and small and inexpensive. We paid for one to be built over these rivers, and especially the Post Roads, to insert as an additional section : bridge, reaching to the Illinois shore, the Ohio river, that the Government may afterward
Sec. 3. And be it further resolved, That any bridge amount of $14,000. That has been swept away, be called upon to pull down and then to rebuild
compared with this on the grand scale of a mil- now authorized to be built over the Ohio river the construction of certain bridges, and to establish lion or twelve hundred thousand dollars.
and applications pending here to build others them as post roads," approved July 25, 1866.
But this bill which it is proposed to pass in over that river, which the Government will be The amendment was agreed to.
the morning hour as an example of the policy called upon to pull down and afterward to The joint resolution was reported to the Sen- of this Congress on the subject of internal
rebuild at its own expense. ate as amended, and the amendment was con- improvements, proposes not only to build a Mr. MORRILL, of Vermont. I move to curred in.
bridge at that expense, but to take upon itself strike out the second section. Mr. MORTON. As this measure is a new the responsibility of tearing down another, of
Mr. HARLAN. I hope that will not be one to me, I should like to have some one abating it as a nuisance, and thereby render: done. explain how it is that the Government of the ing the United States Government liable for The section proposed to be stricken out was United States is building this bridge. I do not at least from five to eight hundred thousand read, as follows: kuow anything about it. I suppose there is dollars more.
Sec. 2. And be it further resolded, That in case the some good reason for it.
And why should this be done? Is there any Rock Island and Pacific Railroad Company shall
ROCK ISLAND BRIDGE.
Deglect or fail, for sixty days after the passage of this resolution, that in case the company does not settled, as it seems to me, and now this is
tor and of the Senate, that this resolution was the body, under the guide and auspices of other and the said Rock Island and Pacific Railroad Com- drawn up in the War Department in pursuance Senators, and I should regret very much if the pany shall not have, acquire, or enjoy any right of
of an understanding entered into between the Senate should now turn its back on the State way or privilege thereon, or the use of said bridge, until tho agreemont aforesaid shall be made and railroad company and the War Department. when it is differently represented. guarantied according to the terms and conditions of So I do not apprehend that there will be any Mr. CORBETT. I understood the Senator said act of appropriation. All acts or parts of acts inconsistent with theso resolutions are hereby re
difficulty on that subject whatever. I do not || from Vermont to say that it would be about pealed.
suppose that the necessity will arise for tearing one million eight hundred thousand dollars.
down the old bridge by the War Department. That was the reason why I made the inquiry. Mr. MORRILL, of Vermont. I ask for the
Mr. MORRILL, of Maine. Then it is to I thought that the Senator who has this matter yeas and nays on this amendment.
enforce the conditions of a certain contract by The yeas and nays were ordered.
in charge ought to know what the estimate of Mr. MORRILL, of Vermont. I merely de
which the company undertake to do that par- the commissioners was, and give information
ticular thing? sire to have the Senate notice that this section
to the Senate on that question. I think the is the one which authorizes and requires the
Mr. HARLAN. That we may have the his
gentleman who has it in charge ought to be
able to inform the Senate of the estimated cost
of the bridge.
Mr. HARLAN. The Senator's criticism
would be perfectly just if it were an original logic of the Senator from Vermont. He first
"For the erection of a bridge at Rock Island, Illi
nois, as recommended by the chief of ordnance, proposition; but Congress heretofore has tells the Senate that this measure is in the in. $200,000: Provided. That the ownership of said passed a law directing this bridge to be conterest of a corporation, and then moves to bridge shall be and remain in the United States, and strike out that feature of it which is unfavor. the Rock Island and Pacific Railroad Company shall
structed, and made an appropriation of $200,000 have the right of way over said bridge for all pur
to prosecute the work. That law, as it turns able to the corporation to enable them to keep poses of transit across the island and river, upon the out, is somewhat defective, and this is intended their present structure and defeat the whole condition that the said company shall, before any
merely to remedy that defect. Congress bas, enterprise, for of course if that is stricken out
money 18 expended by the Government, agree to pay
and shall secure to the United States, first, half tho therefore, originally decided the main ques the company will have no inducement to con
cost of said bridge; and second, half the expenses of tion, that it is a proper thing to be done, and clude the contract which the first section pro- keeping said bridge in repair, and upon guarantying has made an appropriation for that purpose
. vides for.
said conditions to tho satisfaction of the Secretary
I do not ask for any additional appropriation. Mr. MORRILL, of Vermont. My logic is shall have the free use of said bridge for purposes of Mr. CORBETT. I understand that by the that I desire to kill the bill. If I can kill one transit, but without any claim to ownership thereof."
former law the company was to pay half the part of it at one blow I desire to do it, and
In attempting to carry out that understand
cost of the bridge; but this resolution prowith another blow the rest of the bill. If we ing, as provided for in this law, I have been vides that in case they do not the Government are to be involved in an expenditure here of informed that a legal difficulty was interposed. is to proceed to build the bridge, does it not? $1,800,000 I desire to strike off $600,000 if I The Attorney General thought the company Mr. HARLAN. Yes; but the Senator will possibly can. had not, perhaps, the right to bind the stock.
perceive that if the old structure is torn down Mr. HARLAN. I am gratified at the last holders. It is thought that that difficulty is by the order of the Secretary of War, the railannouncement of the Senator. He says the remedied by this resolution; that if this reso- road company not agreeing to pay half the purpose of this amendment is to destroy the lution becomes a law carrying out the original cost of the bridge, they will have to build a new joint resolution. Thope, therefore, that ihose understanding it will be effective, and that the bridge for themselves, which makes it perfectly who are friendly to this measure will under- new structure will be erected.
obvious that they will close in with the propo stand it in the light in which the Senator has Mr. MORRILL, of Maine. Allow me to sition. last presented it.
ask the Senator, then, whether the difficulty Mr. WILSON. I think the main question I wish to correct another statement made which leads Congress to interpose is, that the before us is, Why it is necessary for the Gov: by the Senator, also, in his former speech, company does not perform its conditions, or ernment to build this bridge at all? I should and that was that after an appropriation of
that it has built a structure which obstructs like to have that considered. $200,000 bad been made an investigation bad navigation?
Mr. HARLAN. I have the same answer for been had and a report of commissioners. If I Mr. HARLAN. The existing bridge was the Senator from Massachuseits that I have understand the history of this transaction cor- built a number of years ago. Of course the just given to the Senator from Oregon. That rectly—I was not in the Senate at the time, | fact that that old structure does, to some extent, would have been pertinent two years ago, when however-a commission was appointed under obstruct navigation was the primary reason for
the original proposition was before Congress; the direction of the War Department and making this appropriation in the law of 1867, but the same reasons that tben induced Con. made a report, and in pursuance of that report in order that a bridge may be constructed below
gress to make the appropriation and direct the an appropriation of $200,000 was made. I at a point on the island where it is supposed it structure to be erected, I suppose, still exist; ought to say here that I think the Secretary of will not interfere materially with navigation. in fact I know they do. In the opinion of the War originally approved the proposition, and
The PRESIDENT pro tempore. The ques. War Department the bridge ought to be built the present Secretary of War also approves it tion is on the amendment striking out the second for the convenience of the Govornment, there in a letter which I have in my hand. section, on which the yeas and ways have been being a vast amount of property on Rock Island
Mr. MORRILL, of Maine. I do not know ordered. that I have any opposition to this resolution,
The question being taken by yeas and nays,
where the principal depot of arms and the man
ufacture of arms for the entire Northwest is to but I rise simply, as the yeas and nays are
resulted-yeas 12, nays 24; as follows: be erected. A vast amount of money, the Sencalled, to understand if I can what the question YEAS — Messrs. Anthony, Buckalew, Conkling, ator from Vermont says, has already been apreally is. I should like to ask the Senator
Edmunds, Ferry, Fessenden, McCreery, Morrill of from Iowa, who has charge of this resolution,
Maine, Morrill of Vermont, Patterson of New Hamppropriated and expended in Government works shire, Sherman, and Van Winkle-12.
upon that island---not for the State of Illinois by what authority this bridge has been con- NAYS-Messrs. Cattell, Chandler, Cole, Conness, structed ? Cragin, Daris, Drake, Harlan, Iloward, McDonald, unjustly, but for the Government itself, to prom
or lowa, as the Senator intimated, as I thought Mr. HARLAN. I think under a law of the
Tipton, Trumbull, Vickers, Wade, Weloh, Williams, mote the interests of the people of the United State of Illinois, and perhaps a similar law Wilson, and Yates-24. enacted by the Legislature of Iowa.
ABSENT -- Messrs. Bayard., Cameron, Corbett, depots and manufactories for arms for the poor
States, in order that there might be proper Mr. MORRILL, of Maine. Has it ever been
Henderson, Hendricks, Howe, Johnson, Morton, | ple of the United States at a convenient point adjudged a nuisance or obstruction to naviga- Norton, Nye, Patterson of Tennessee, Rice, Ross, for use when
any emergency may arise requir
: tion? Saulsbury, Sprague, Thayer, and Willey-22.
ing it. I have a letter here from the present Mr. HARLAN. Litigation has been in pro
So the amendment was rejected.
Secretary of War approving and recommendgress for a number of years, eight or ten years, Mr. CORBETT. I desire to inquire what | ing the carrying into effect of the original propI think, on that subject. It never has been is the estimate made by the commissioners of osition. removed. It has not been removed in pursu. the cost of the bridge? I see it is referred to Mr. TRUMBULL. I am really somewhat ance of any decree of any court. I do not in the first section of the resolution. remember the history of the litigation on the Mr. HARLAN. I regret very much that I
surprised at the opposition that is elicited to
this measure in the Senate, particularly by subject; but it has been in the courts for a long have not had an opportunity to lay my hands older members of the Senate." I was aston series of years, and is regarded as a nuisance upon the report of the commissioners appointed lished at the motion of the Senator from Ver by those engaged in navigating the river. It || by the War Department to examine this ques- mont, to strike out the second section of this is an obstruction to some extent, I have no tion originally ; but I have been told that the bill which authorized the Secretary of Par, in doubt; perhaps a serious obstruction,
estimates were about & million dollars for Mr. 'MORRILL, of Maine. One question the whole structure. The Senator from Ver- | their contract with the Government; io remort
case the railroad company did not carry out further. Do we understand that this is a direc- mont says $1,200,000. But I do not consider the bridge that is now there. Le talks about tion to the Secretary of War in a certain con- that question material. Congress decided two damages. The Mississippi river is a highway tingency to remove the bridge ?
years ago to put up this bridge according to Mr. HARLAN. Yes, sir, I so interpret the l ibis plan. That question therefore has been United States has a right, at any time, to
by treaty and several acts of Congress, and the
remove any obstructions in that river without Mr. HOWARD. Then the bridge on that that the bill is destructive of the rights of pripaying any damages to anybody; and we would side will probably be worth $500,000.
vate individuals and private property, and that have the authority to remove this Rock Island Mr. TRUMBULL. I do not know what it they can coine upon the Government for dambridge. It has never been declared a nuisance | would be on that side, but the provision of the ages. Unless there is an amendment made in by any court. There have been various law. bill is :
that respect, I cannot vote for the measure. suits in regard to damage to property in passing That the ownership of said bridge shall be and
Mr. WILSON. Mr. President up and down the river.
remain in the United States, and the Rock Island The PRESIDENT pro tempore. The morning Mr. EDMUNDS. Has there ever been an and Pacific Railroad Company shall have the right of way over said bridge for all parposes of transit
hour having expired, the unfinished business act making it a post route?
across the island and river, upon condition that the of yesterday is regularly before the Senate. Mr. TRUMBULL. No, sir ; there have been said railroad company shall pay to the United Statos, Mr. HARLAN, I ask that we be allowed to various attempts to do that, but that has not first, half the cost of the superstructure of the bridge
take the vote upon this joint resolution. I over the main channel and half the cost of keeping been accomplished. The proposition now, to the same in repair, and shall also build at its own
think a vote can be had in a few minutes. build a bridge, is not for the benefit of the cost the bridge over that part of the river which is Mr. TRUMBULL. Yes, let us have the railroad company. This bridge is recomon the east side of the island of Rock Island, and
vote. also the railroad on and across said island of Rock mended by the engineer officers of the Govern- Island; and upon a full compliance with these condi- Mr. WILSON. I propose to discuss this ment of the United States, and approved by tions said railroad company shall bave the use of question. the Secretary of War for the convenience of said bridge for the purposes of free transit, but with The PRESIDENT pro tempore. By unanithe armory and arsenal established upon the
out any claim to the ownership thereof; and said
railroad company shall, within six months after said mous consent the unfinished business of yester-
from the river and their railroad track from its pres.
Mr. WILSON. If the consideration of this
by paying to the parties then in interest the propor- Mr. EDMUNDS. Let us finish the tax bill.
tionate cost of said bridge. cussed jt. two years ago, and appropriated
I ask for the regular order. $200,000 to commence this work. I suppose I
The railroad company pays
half the expense Mr. HARLAN. I think there will be great might say to the Senator from Massachusetts, of the bridge over the main channel, which is
economy of time in taking the question on this where is the necessity of the armory at Spring:
west of the island of Rock Island, and the joint resolution now. There are doubtless a field, Massachusetts ? Why are we appropri
bridge belongs to the United States, the United few members of the Senate who are opposed ating $1,000,000 every year there? Probably
States controls it, and the company is to have to it, but I think we can soon get a vote on it; there is no necessity for it; we might as well
the right to pass over it, and it is to be a wagon and in order to test the question, I move that abolish it. bridge as well as a railroad bridge.
the special order be postponed for thirty minMr. WILSON. I have no objection.
Mr. HOWE. I wish to ask the Senator a
measure for the first time, and I wish to ask Mr. TRUMBULL. It will not take long; I would not vote for abolishing it. I think we
of him if he conceives that Congress has the give us thirty minutes. have need for a manufactory of arms at Spring power to declare any structure placed by pri- Mr. SHERMAN. I do not think the tax bill field; and that we must have arms in case of vate parties over that river to be a nuisance will take long I know how this country suffered, and and upon their own motion to abate it without
The PRESIDENT pro tempore. The Senaparticularly the West, for the want of arms paying damages to the owners of the structure?
tor from lowa moves that the unfinished busiwhen the recent rebellion broke out; I know
Mr. TRUMBULL. I consider that the Uni
ness of yesterday be postponed for thirty minthat there was not an arsenal with arms in it ted States has the authority at any time to utes. from the Atlantic to the Rocky mountains, on
remove an obstruction by declaring it a nuig. The motion was not agreed to, there being the line of the northern States.
ance, or without declaring it a nuisance, in on a division-ayes 17, noes 19.
REPORTS FROM PRINTING COMMITTEE. to confine himself to the reasons showing the
dollars nearly every year to remove obstruc- Mr. ANTHONY. The Committee on Printnecessity for this bridge. tions to the Mississippi river.
ing, to whom was referred a motion to print Mr. TRUMBULL, I have stated that the Mr. HOWE. But the question is whether the report of the Secretary of War, communiengineer department say that a bridge is neces- the determination of Congress that a certain cating information relative to tbe purchase and sary. They recommend the construction of a structure is a nuisance is final on the parties? | sale of vessels by the War Department during bridge. The island of Rock Island, as the Sen
the war of the rebellion, have directed me to ate knows, is separated from the main land by
to remove it whether it be an obstruction or report it without recommendation. I move water, and there must be some means of acnot.
its indefinite postponement. There is no use eess to it; and the engineers say that a bridge
Mr. HOWE. Remove a structure put there in printing this document.
The motion was agreed to.
Mr. TRUMBULL. If a structure made by Mr. ANTHONY. The same committee, to desirable and economical to the Government any private party is an obstruction to the nav
whom was referred a resolution to print four to bring in this railroad company and make igable waters of the Mississippi, Congress by thousand additional copies of the report of the them pay half the expense. I am informed
law has a right to direct any officer to remove Committee on Retrenchment upon the diplothat the engineers estimate the expense of the
it without incurring damages to anybody. matic and consular service of the United States, bridge at $1,000,000; and the railroad com
Mr. HOWE. I must say that upon that have instructed me to report it back without pany have entered into a contract to pay one
question of law, I am obliged to differ with the amendment and recommend its passage. I half of the expense of that construction, 80 Senator from Illinois, with great diffidence and
ask for its present consideration. that it will cost the Government of the United | respect. I think he is entirely wrong about
By unanimous consent, the resolution was States $500,000 and the railroad company that. I think the only right that the Govern- considered and agreed to, as follows: $500,000
ment has to interfere with the private property Resolved, That four thousand extra copies of the Mr. MORRILL, of Vermont. The Senator of any individual over waters or in waters, is report of the Committee on Retrenchinont upon the does not state that precisely as the Senator upon the ground that it is an obstraction to diplomatic and consular service of tho United Statos
be pripted for the use of the Senate.
bridge of course rests upon Rock Island. Is Mr. WILSON asked, and by unanimous conMr. TRUNBULL. They have already come not that the exclusive property of the United sent obtained, leave to introduce a bill (S. No. to that understanding; and this bill, it has States?
600) to authorize the sale of portions of the been stated to the Senator from Vermont by
Mr. TRUMBULL. The island is, and you military reservations at Forts Leavenworth the Senator from lowa certainly once, and I can direct the bridge to be removed.
and Riley, in the State of Kansas; which was think twice, was drawn up at the War Depart
Mr. CORBETT. Then it is private prop- read twice by its title, referred to the Commitment on an understanding between the com. erty, and it has been built with the consent of, tee on Military Affairs and the Militia, and pany and the War Department, and the first or without any objection from, the United ordered to be printed. section provides that the railroad company States, and the parties have been suffered to Mr. HOWE asked, and by unanimous consball pay one half the cost of the construction use it for ten years. The question to my mind sent obtained, leave to introduce a bill (S. No. of the bridge from the island of Rock Island now is whether the United States can, with- 601) granting land to the Territory of Dakota to the Iowa shore, and shall build at their own out taking proper proceedings to condemn the in aid of the Sioux City and Pacific Railroad expense the entire bridge on the Illinois side. property, go and tear down that bridge and Company, authorizing said company to extend
Mr. HOWARD. What is to be the expense | destroy the rights of private property without said road through the Territory of Dakota ;
Mr. TRUMBULL. I do not know the ex- ernment has not the right without condemning the Committee on Public Lands, and ordered
appointed and it is condemned as a nuisance Mr. McDONALD asked, and by unaniMr. HOWARD. On both sides ?
and an obstruction to navigation, then it may mous consent obtained, leave to introduce a Mr. TRUMBULL. On both sides of the be torn down; but without that I cannot see bill (S. No. 602) to provide levees to secure the island.
that there is any such right. It appears to me low lands of Arkansas and Missouri from in.
| struct. TRUMBULL, "Congress has a right
undation, and to encourage the settlement the bill reported by my friend from Massa- is vaporized, and in that state it is mixed with thereof; which was read twice by its title, chusetts, to protect American citizens abroad, the mash, and it then makes vinegar; and referred to the Committee on the Pacific Rail- the special order for Friday evening next, at
when it is made iuto vinegar or in any interroad, and ordered to be printed.
half past seven o'clock. I wish to say in this mediate stage it is wholly incapable of being He also asked, and by unanimous consent connection that
put into alcoholic form. That is what all the obtained, leave to introduce a bill (S. No. 603) Mr. SHERMAN. I must object. I call for gentlemen up there said this morning. This to aid in the construction of the International the regular order of business.
proposition is made with the approval of the Pacific railroad from Cairo, Illinois, to the Rio The PRESIDENT pro tempore. The regu- officers of that bureau. It was drawn up by Grande river, to authorize the consolidation of lar order is the unfinished business of yester- them after full and patient consideration, and certain railroad companies, and to provide | day, and nothing else is in order except by
I think it well guarded. homesteads for the laborers on said roads; | unanimous consent.
Mr. SHERMAN. The Committee on Fi. which was read twice by its title, referred to the Mr. CONNESS. I hope the Senator will nance examined this matter very carefully, Committee on the Pacific Railroad, and ordered | allow me to make this motion. It will not The person claiming to have made an invento be printed, interfere with business.
tion for making vinegar by this process came Mr. WELCH asked, and by unanimous con- Mr. SHERMAN. It will lead to debate. before the committee and made an explanasent obtained, leave to introduce a bill (S. No. The PRESIDENT pro tempore. Is there tion; but we were satisfied that this provision 604) regulating the times and places of hold- any objection to the motion ?
could not be complied with with safety to the ing the district and circuit courts of the United Mr. SUMNER. I prefer that the Senator revenue. The process of making vinegar States for the northern district of Florida; should withhold his niotion for the present, | according to this patent is a distillation of which was read twice by its title, and referred and that we may take the bill up some day || spirits precisely as in the form of ordinary disto the Committee on the Judiciary. next eek. I have my reasons for it.
tillation, but the spirits are held in vapor, vap Mr. SHERMAN. I object, then.
ized instead of being condensed into whisky. PUBLIC BUILDINGS IN NEW MEXICO. Mr. YATES submitted the following reso
The PRESIDENT pro tempore. The motion It is transferred and forms the component part is objected to, and cannot be received.
of the manufacture of vinegar. By this prolution ; which was considered by unanimous
Mr. SHERMAN. Let us go on with the cess a very cheap kind of vinegar has been consent, and agreed to: tax bill.
made and sold in the market, and in this way Resolved, that the Secretary of the Interior bo
this inventor has undersold all the ordinary requested to inform the Senate what action, if any, bas been had in consequence of the ninth section of
forms of home-made or old-fashioned vinegar
The PRESIDENT pro tempore. The bill the act approved March 2, 1867. directing him to pro
made out of cider, out of the pummice of cure an cxainination to be made of the condition of (H. R. No. 1281) to change and more effect
apples. The only difference between bis mode the public buildings in the Territory of New Mexico, ually secure the collection of internal tax on
of distillation and the mode of distilling whisky and report to the next Congress an estimate of what
distilled spirits and tobacco and to amend the amount is necessary to complete the same, and also
is that he does not condense the vapor into thesums of money, if any, which have been expended
tax on banks is now before the Senate as in in making such survey; also what sums, if any, have Committee of the Whole. The Se
spirits, but uses the vapor to make vinegar.
tor from heen expended in repairing or completing said pub; Kentucky [Mr. Davis) is entitled to the floor
It is nothing but whisky. According to his on an amendment which he was about to offer,
statement but five per cent. of the aggregate
of the vinegar is whisky; and it is much safer REPORT OF ACADEMY OF SCIENCE. and has not yet sent it to the Chair.
and much better for him to pay the tax, which Mr. SUMNER submitted the following res
Mr. CONNESS. Now, with the leave of olution ; which was referred to the Committee the Senator from Kentucky, and on this hill,
will be about equivalent to şi 20 on a barrel I wish to say what the courtesy of my friend
of vinegar, than to open the door to wholesale on Printing :
frauds. While I do not impute to this gentle from Ohio would not permit me to say before, Resolved, that there be printed of the report of the National Academy of Science for the year 1867, that in the report of the Associated Press
man any desire to commit frauds, yet as a together with tho scientific memoirs appended to the made of the proceedings of the Senate the
matter of course, if this privilege is given a samoc, one thousand extra oopies for the use of the other day when a motion was submitted for
vast amount of the whisky instead of being academy, evening sessions, it was stated that the Senate
condensed in the form of whisky will be transNAVY-YARD EMPLOYÉS. refused to order erening sessions for the pur
ferred in the form of vapor into vinegar or Mr. WILSON submitted the following reso
other substances. It seems to me it would not pose of considering the bill that I referred to a lution ; which was considered by unanimous
be safe. The old-fashioned mode of making moment since. That was not a correct
report vinegar was by the very simple process of code consent, and agreed to :
The Senate did not make any such refusal, Resolved, that the Secretary of the Navy be directed and that statement I desire the reporters to
verting cider, or the drippings of the pummice to report for the information of Congress the number of persons employed in the navy-yards, and in what take notice of this morning, because it is not
of apples, into vinegar. capacity, on tho Ist day of January, 1805, and the just to the Senate. I now desire, in conclu.
The Army regulations prohibit the use of number so employed on the 1st day of July, 1868. siou, to say that I accept the suggestion of the
this manufactured vinegar, and my own impresMESSAGE FRON TIE KOUSE. honorable chairman of the Committee on
sion is that it is deleterious to the public health A message from the House of RepresentaForeign Relations, and with him or through
and ought not to be used by any one. The tives, by Mr. McPherson, its Clerk, announced him will hope for the consideration of the bill
proper vinegar to be used is that made in the that the House had agreed to some and disaat an early day.
ordinary way by the simple process of souring greed to other amendment of the Senate to the Mr. SUMNER. I should be glad to have
cider. It seems to me that this proposition bill (H. R. No. 818) making appropriations
an understanding with the Senator åt an early is encouraging an unwholesome practice at best for sundry civil expenses of the Government day next week in regard to that bill.
to the danger of the public revenue. That is for the year ending June 30, 1869, and for
Mr. DAVIS. I have had an amendment
the conclusion to which the committee came. other purposes, and agreed to other amend- prepared on consultation with the Commis
As to the information that is now given from ments of the Senate with amendments ; asked sioner of Internal Revenue, which I now pro
the Commissioner of the Internal Revenue, I a conference on the disagreeing votes of the two Houses on the said bill, and appointed
poses. It is to add to the third section of the only know that so far as we had any informa: bill the following provision :
tion officially he was opposed to it. Perhaps he Mr. Elihu B. WASHBURNE of Illinois, Mr.
But any person may produce alcoholic vapor by
has been able to draw up a section that he BENJAMIN F. BUTLER of Massachusetts, and vaporization froin fermented mash, using such vapors
thinks they might with great care prevent frauds Mr. WILLIAM S. Holman of Indiana, conferees in the manufacture of vinegar in the same building
under, but we have no official information froin where produced; and such person shall be deemed a on the part of the House. distiller and subject to all the provisions of law relat
him on the subject. I do not at all question The Serate proceeded to consider its amending to distillers, except that the specialtax to be paid
what the Senator from Kentucky has said; but ments to the bill (H. R. No. 818) making by him shall be twenty dollars instcad of the special
I do not think it will be wise for us to adopt tax laid on distillers, and except that the vinegar proappropriations for sundry civil expenses of the duced not containing any alcohol shall not bedeemed
this amendment without further examination. Government for the year ending June 30, 1869, distilled spirits within tliemeaning of the law relating
Mr. HENDRICKS. I hope the amendment and for other purposes, disagreed to by the
thereto, but upon vinegar so manufactured there is
proposed by the Senator from Kentucky will House, and the amendments of the House of method of return, assessment, and collection of such
be adopted. I have had a personal interview Representatives to other amendments of the tax shall be regulated by the provisionsoflaw relating
with one of the manufacturers of vinegar in Senate.
to manufacturers, as those provisions existed on the On motion by Mr. MORRILL, of Maine, it 30th of March, 1863 ; not, however, to the exclusion
Chicago, a former friend of mine in the State of any provision relating to distilled spirits which
of Indiana, in whose statements I have entire shall be capable of being applied to the manufacturo
confidence. I think the liquor used in the Resolved, That the Senate insist upon its amend
bereby allowed. monts to the said bill, disagreed to by the House of
manufacture of vinegar onght not to be liable Representatives, and disagree to the amendments
I will state to the Senate that I was up to
to be taxed. It has not heretofore, as I underof the House to other amendments of the Senate
see the Commissioner of Internal Revenue in thcreto, and agree to the conference asked by the
stand, been subject to tax, but it is supposed by House on the disagreeing votes of the two Houses
relation to this proposition, and he called in thereon. his chemists and other officers to the number
the manufacturers that the phraseology of this Ordered, That the conferees on the part of the Sen
bill will compel them to pay that tax. It is ate be appointed by the President pro tempore.
of about half a dozen, and after full consult-
very sure that it would not be the purpose of The PRESIDENT pro tempore appointed will provide more revenue, and is so guarded,
Congress to tax an article so indispensable for Mr. MORRILL of Maine, Mr. HARLAN, and
domestic use as vinegar.
Mr. SHERMAN. We do not tax vinegar
except that made under this patent process by Mr. CONNESS. I wish to move to make
the mixture of whisky.
made by the old process.
We do not tax vinegar
Of course there is ao
direct tax on vinegar, but the phraseology of upward of fifty thousand dollars, which is now whole establishment should be forfeited. He this bill imposes this indirect tax. and, as this in full operation and making one hundred bar- entered upon this manufacture with the single gentleman informs me, it will very materially, 1 rels of vinegar per day. Now, after this citi. purpose of making the best article of vinegar and perhaps almost ruinously interfere with zen has made a useful discovery, and has without any frandulent intent whatever. He the busiress. I do not know anything about reduced it to practice, and has obtained from and his associates present themselves here, the quality of the vinegar that is thus produced. the Government letters-patent for the use of consenting to such guards as the officers of the I take it that the people who buy and use it his improvement in the mode of making vine- || Treasury upon full consultation have agreed cau judge of that. The parties claim to man- gar, and when he has expended $50,000 in to as sufficient for that purpose, and if they ufacture a good article. How that is, or whaterecting a manufactory to distill it, and when are not sufficient they are willing to submit to may be the decision of Army officers on the he comes here with a proposition in which he any other guards that the officers of the Treassubject, I have no information ; but it is vine- agrees that he will pay a specific tax of twenty | ury or the Committee on Finance may choose gar that is very much used, and in the manu- dollars for the privilege of making vinegar, to impose upon them. They do not condense facture of which it is necessary to use some and that every gallon of alcohol which he uses nor propose to coudense the alcoliolie vapor. distilled liquor in the form, I suppose, men- in the process shall be taxed fifty cents per They use it before it is condensed, and at any tioned by the honorable Senator from Ohio. | gallon, and when all the revenue officers have stage of the process to final conversion of it It seems to me there will be no difficulty about devised the means of preventing fraud which into vinegar, or any intermediate process, it preventing frauds. The great fear of frauds they think will effectually prevent it, the ques- is utterly impossible to extract alcohol from ought not to induce us to tax an indispensable tion is whether the Senate will insist upon his it. All the chemists, in the presence of the article of food.
losing the benefit of his patent-right and of his Commissioner this morning, at the Department Mr. SHERMAN. There is one other con- investment of $50,000 for machinery and build- so stated; and they drew up this proposition sideration I wish to mention. If you yield to | ings for the purpose of manufacturing this themselves, as calculated to protect the Treas. this demand that there shall be no tax on the || article, or whether the Senate will consent that ury and the Government against all fraud ; and spirits actually used in vinegar, you must also he shall manufacture it on the terms which he if it is not sufficient, they may devise any other yield to the same demand in regard to medi. has assented to, and which make it impossible, means that they please for the purpose of ren. cines indispensably necessary for human life. with any degree of fidelity and vigilance on the dering fraud impossible, and especially they There are a number of medicines, the names part of the officers, that there should be any may make the presence of any machinery for of which I could give, that are admitted to be fraud whatever in the manufacture of the arti. condensing apon the premises evidence of excellent, which contain more or less of spir- | cle. It seems to me that it would be pecu- fraudulent intent, and forfeit the whole estabits. These spirits are not used in the raw | liarly hard to refuse this to a man who has lishment in consideration of the presence of form, but in various processes by distillation invented this mode of making vinegar, and who, any such machinery for condensing. and redistillation. The very moment you open with his associates, has adventured so much It is certainly, I think, a very hard case to the door and allow any commodity that has money in the preparations necessary for man this patentee, after having made this discovery spirit in it to escape tax, you must extend the ufacturing it. Now, to deny to him the privi- l of the most useful and the speediest and the same exemption to a multitude of articles that | lege of manufacturing it by insisting on terms || cheapest way of manufacturing vinegar, and are much more meritorious than manufactured that would amount to a suppression of the manufacturing it, as he does, at a cost of thirtyvinegar. There are a great many preparations || manufacture, would be acting in an improper | three and a third less than it has heretofore that are necessary and proper medicines, and manner, as I think.
been manufactured. He has paid for his pat. if you make this exemption in favor of whisky I am sorry that this proposition encounters ent-right; he has the pledged faith of the Govused in the manufacture of vinegar, how can the opposition of the honorable chairman of ernment that he shall be allowed to use that you deny it to them? Here is a manufactured the Committee on Finance. Here is a great patent-right. He then goes on to invest $50,000 article that I think is deleterious. Vinegar is necessity of absolute and universal use all over in the construction of a building and the necessupplied cheaply and in great quantities by a the country, the article of vinegar. Here is a sary manufacturing apparatus to continue the natural process. This process simply reduces | great improvement in the manufacture of that production of this article, and it would be, in the price of ordinary vinegar about four or five article that improves the manufacture of the my opinion, a want of faith on the part of the dollars a barrel, according to the statement of article itself, that cheapens it in the course of Government to deny him the right of continuthis gentleman, while the whole tax levied by twelve months about thirty-three per cent. to ) ing the manufacture when the Treasury officers this act on the spirits in the barrel would be the consumer, in which a large sum has been themselves report that he can continue it with only $1 20. The manufacturer may well afford adventured for the purpose of continuing and out the possibility of fraud. I hope that the to pay the tax on the two gallons of whisky expanding the manufacture; and it seems to Senate will adopt the amendment. consumed in manufacturing a barrel of vine- me that it would be harsh and unjust in the The question being taken by yeas and nays, gar, and he can then undersell the home-made extremest degree now to subject this man to resulted-yeas 8, nays 25; as follows: article. I do not think it will do to open this conditions that would preclude him absolutely YEAS- Messrs. Buckalew, Davis, Fowler, IIenddoor. from the further continuance of the manufac
ricks. Johnson, McCreery, Van Winklo, and Wade-8.
NAYS- Messrs. Anthony, Cattell, Chandler, CraMr. DAVIS. The proposition contained in ture of the article. I trust that the amendment
gin, Drake, Edmunds, Kerry, Fessenden, Harlan, the proposed amendment subjects the manu- will be adopted. I ask for the yeas and nays Henderson, Howard, Howe, McDonald, Morgan, facturer of vinegar to two taxes, first to a spe
Morrill of Vermont, Morton, Osborn, Ramsey, Shercific tax of twenty dollars for the privilege of The yeas and nays were not ordered.
man, Stewart, Sumner, Trumbull, Williams, Wilson,
and Yates-25. making vinegar, and second, it subjects the Mr. HENDRICKS. I understand from the ABSENT - Messrs. Bayard, Cameron, Cole, Conkmanufacturer of vinegar to tax on the amount Senator from Kentucky that this amendment
ling, Conness, Corbett, Dixon, Dcolittle, Frelinghuyof alcohol that he uses in the manufacture of was prepared at his suggestion in the Depart
sen, Grimes, Morrill of Maine, Norton, Nyo, Patter
son of New Hampshiro, Patterson of Tennessee, the vinegar. There are from two and a half ment, and that it is supposed that it will avoid Pomeroy, Rico, Ross, Saulsbury, Sprague, Thayer, to five gallons of alcohol used to a barrel of any possibility of fraud or evasion. It only,
Tipton, Vickers, Welch, and Willey--25. vinegar, and whatever amount of alcohol may then, leaves the question whether we are willing
So the amendment was rejected. be used is subject to taxation by this proposi- to tax such liquors as are necessary in the Mr. FOWLER. I move to amend the bill tion. manufacture of vinegar.
by striking out in line eight, of section three I admit that the manufacturer of vinegar by Mr. SHERMAN. The Senator's own reflec- the words the distiller,'' and inserting "the this process makes his mash precisely as mash tion will convince him that the cost of watching United States.'' is made to distill whisky. He then transfers this distillation and avoiding fraud will be more The PRESIDENT pro tempore. That the alcohol in the mash into the aeriform con- than all we receive from vinegar. Another amendment is not now in order. It will be in dition; but the amount of alcohol in each bar- thing, we have provided here a small tax of order when the bill is reported to the Senate. rel of vinegar, it is provided, shall be ascertained twenty or twenty-five dollars as a special tax The third section referred to has been inserted and be subject to the taxation of fifty cents per for a compounder of liquor. The vinegar- as an amendment, and is not now amendable. gallon.
maker would be a compounder, because he The bill was reported to the Senate as In relation to the article that is produced by would have the alcohol already made, con- amended. this process, I
it is the best vinegar, as densed from the worm, and use that in his Mr. FOWLER. Now I move to amend the tested in tbe city of Louisville, that has been || business. There is no trouble in his carrying third section by striking out in line eight the made by any process for the manufacture of on his business. Instead of taking the alcohol words the distiller” and inserting - the vinegar. It is preferred by those who con- in vapor, as he proposes, he would take his United States ;" so as to read, "and the same sume vinegar in all shapes and for any pur- l alcohol in the ordinary state and use it in the shall be furnished and attached to the distillpose, to any other article of vinegar, and the manufacture of vinegar, and he pays a special | ery at the expense of the United States.'' effect of its production has been in the city of tax for that of only twenty-five dollars. Under I suppose the object is to collect the largest Louisville to reduce the price from $12 50 per the present law as it stands, there is no diffi. amount of revenue we can, and in this view barrel to $7 50 per barrel. This manufacture culty in his carrying on his business, provided we are to encourage this interest of the country. under the present patent is yet in its infancy; he is willing to pay the ordinary tax of sixty || It is to be considered for the purposes of this but in that eity the effect has been already to cents a gallon on whisky.
bill as one of the interests of the country in reduce vinegar at the rate of five dollars a bar- Mr. DAVIS. I will merely remark that the same light as other interests are considered. rel, and to produce a superior article. The || this vapor is not condensed in the process of It is to be viewed in the same light as the manugentleman who is engaged in manufacturing | manufacturing vinegar, and the gentleman en- facture of iron, or the manufacture of cotton vinegar in that city is the patentee, and he has | gaged in the manufacture would be perfectly il or woolen goods, or any other pursuit. There associated with him men of capital, and they willing to agree that if any condensing appa- are a large number of distilleries that this prohave erected an establishment at a cost of il ratus should be found upon the premises the Il vision woului impose a burden of from twenty