in the office occurring by reason of his death of that commissionersliip becoming vacant by

officer who shall make the appointment pro or resignation, it is to be filled by appointment the death of the Commissioner during the || tempore an ad interim appointment. Sir, we of the President on the nomination of the Sec- recess of the Senate, the President shall not have lately heard a great deal said about ad retary of War, and with the advice and consent exercise his constitutional function and power || interim appointments, and protempore appointof the Senate; and no officer of the Army is to fill the vacancy. That is doing by indirection ments. This bill provides for an ad interim to be detailed for service as Commissioner or and obliquely what the Senate cannot do direct- appointment. What functionary of the Gov. to enter upon the duties of Commissioner ly. It is worse than that; it is attempting by ernment has the constitutional power to make unless appointed by and with the advice and

this bill to strip the President of his plain right an ad interim appointment under an act of consent of the Senate; and all assistant com- of making an appointment pro tempore, for the Congress? The President; because he has missioners are to be appointed by the Secre- time, in the event of a vacancy occurring. Sir, the sole appointing power in the absence of tary of War on the nomination of the Commis. will this party in Congress never pause? Will the Senate, and the sole nominating power sioner of the bureau. In case of vacancy in it never stop in its aggressive march upon the when the Senate is in session. In relation to the office of Commissioner happening during President of the United States in his constitu- || all other offices, the laws have made an ex: the recess of the Senate the duties of Com

tional power? Will it know no suspension in plicit general provision that in the event of their missioner are to be discharged by the acting its efforts to break up the division of powers becoming vacant during the recess of the Senassistant adjutant general of the bureau until made by the Constitution, and absorb all the late, the President shall have the power to make such vacancy can be filled. According to the powers of the President? I should suppose ad ir.terim appointments to them. Here this section, the Commissioner of the bureau, on the ihat it ought to be somewhat appeased by its fertile and advancing party is improving and 1st day of January next, is to cause the bureau

great though temporary success; but instead | expanding upon that idea; and, instead of to be withdrawn from the several States within of that its appetite seems to be whetted by allowing to the President, as the general apwhich the bureau has acted and its operations that upon which it feeds. It only seeks to gor: pointing power of the Government, the right to discontinued as soon as it may be done without mandize upon and absorb one executive power fill the vacancy thus created, it proposes to fill injury to the Government. But the educational in order to increase its appetite and its capa. it itself; and thus obliquely and indirectly to department of the bureau and the collection city to move on upon another.

deprive the Executive of the power of making and payment of moneys due the soldiers, sail. Mr. CONNESS. That is savage!

the appointment ad interim. ors, and marines, or their heirs, is to be con. Mr. DAVIS. Well, this is a most savage Now, sir, protesting against this section, I tinued as now provided by law until otherwise || bill in a small way. Not satisfied with having | will move to amend it by striking out all after ordered by act of Congress; but the provisions crammed down its capacious maw the great the word " Senate" in line sixteen of the first of this section are not to apply to any State and vast constitutional powers which were se.

section to the end of the section, and inserting which shall not, on the 1st of January next, be cured by the Constitution to the President, the sósaid office shall thereupon cease and determrestored to its former political relations with little remnant of presidential power which has | ine;" so as to make the clause read: the Goverrnment of the United States, and be been left by its aggressions upon the President In case of vacancy in the office of Commissioner entitled to representation in Congress.

of the United States it eems determined in happening during the recess of the Senate said offico The bill was reported to the Senate without

shall thereupon cease and determine. its voracity to wrest from the proper constitu. amendment. tional officer, and to exercise it itself, or that

Mr. CONNESS. To pass that would be a preMr. DAVIS. When did that bill receive its some of its minions, instead of the President,

mium on taking the life of the Commissioner. second reading? Did it receive its second

Mr. DAVIS. I ask for the yeas and nays shall exercise the power. Let me read this reading to day? clause :

upon the amendment. The PRESIDENT pro tempore. It has been In case of vacancy in the office of Commissioner

The yeas and nays were ordered. read the first and second time. The question || happening during the recess of the Senate, the du

Mr. "POMEROY. The bill ought to be tics of the Commissioner shall be discharged by the now is on ordering it to be engrossed for a third

amended; but if this amendment is voted acting assistant adjutant general of the bureau until reading

down, it can be done afterward. I think I such vacancy can be filled. Mr. DAVIS. I desire to make some obser. If the bill proposed to abolish the office on

can suggest an amendment that will remove vations in opposition to this bill. It has been the death of the Commissioner it would be

the difficulty. called up pretty suddenly. I will read the first right enough; but it continues the office after

The question being taken by yeas and nays, section :

the death of the Commissioner, and it provides resulted-yeas 3, nays 26 ; as follows: Tirilt the duties and powers of Commissioner of how the Commissioner shall be appointed ; in

YEAS-Messrs. Davis, McCreery, and Vickers-3. the Bureau for the Relief of Freedmen and Refugees

NAYS-Messrs. Anthony, Cole, Conkling, Conness, shall continue to be discharged by the present Coin

other words, it directs that the acting assistant || Drake, Edmunds, Harlan. Howard, McDonald, Mormoissioner of the bureau, and in case of vacancy in adjutant general of the bureau shall himself act rili of Maine, Morrill of Vermont, Morton, Nye. Os. said office occurring by reason of his death or resig- as Commissioner. Does any gentleman con.

born, Pomeroy, Ramsey, Sherman, Stewart, Thayer, nation, the same shall be filled by appointment of

Van Winkle, Wade, Welch, Willey, Williams, Wilthe President on the nomination of the Secretary of

tend that Congress has any power to pass such son, and Yates-26. War, and with the advice and conseni of the Senate; a bill? Suppose such a provision as that was

ABSENT-Messrs. Bayard, Buckalew, Cameron, and no officer of the Army shall be detailed for ser- offered in relation to the other departmental

Cattell, Chandler, Corbett, Cragin, Dixon, Doolittle, vice as Commissioner or shall enter upon the duties

Ferry, Fessenden. Fowler. Frelinghuysen, Grimes, of Commissioner unless appointed by and with the

officers of the Government. Take, for instance, Henderson, Ilendricks, Howe, Morgan, Norton, Patadvice and consent of the Senate; and all assistant the Adjutant General, the Commissary Gen- terson of New Hampshire, Patierson of Tennessee, commissioners shall be appointed by the Secretary

Rice, Ross, Saulsbury, Sprague, Sumner, Tipton, and eral, the Quartermaster General. Suppose a of War on the nomination of the Commissioner of

Trumbull-28. the bureau. In case of vacancy in the office of Combill in relation to those and all other similar

So tlie amendment was rejected. missioner happening during the recess of the Senate, offices was passed, that in the event of one of the duties of Commissjoner shall be discharged by

Mr. HOWARD. I move to amend the bill those offices becoming vacant by the death of the acting assistant adjutant general of the bureau until suot vacancy can be filled. the incumbent, it should be filled by some

in the thirteenth line by inserting after the

words 6 assistant commissioners" the words Now, Mr. President, that is a subterfuge to

named officer until it could be filled during the make another encroachment upon the appointnext session of the Senate according to the

'agents, clerks, and assistants,'' making the direction of the act. Can gentlemen say that

bill far more perfect than it would be othering power of the President.

wise. The clause will then read : that would be proper, legitimate, or constituAll assistant commisioners shall be appointed by tional legislation ?

All assistant commissioners, agents, clerks, and the Secretary of War on the nomination of the Com

assistants shall be appointed by the Secretary of missioner of the bureau.

The object of this provision cannot be dis- War on the nomination of the Commissioner of the

bureau. That selects the Commissioner. hiinself as

guised, and it could not be concealed if it was the appointing power. The Constitution proattempted to be disguised. It is purely an

The amendment was agreed to. vides that Congress may authorize the heads

electioneering office, an officer maintained at Mr. POMEROY. I think the proviso to

the cost of the Treasury of the United States, the second section should be stricken out. It of Departments to appoint subordinate officers, but it nowhere authorizes Congress to give the

and the object is to continue it under its pres- defeats the object of the section. The object power of nomination to an inferior of the head ent auspices in the interest of the party in of the section is to continue the educational

department of the bureau, and the collection of a Department. But, sir, the last provision power until after the next presidential election. in this section is the one that is most excep

Therefore, this clause provides that in the and payment of moneys due the soldiers, sailtional in its principles :

event of the oflice becoming vacant by the death ors, marines, or other heirs. It provides that

of the Commissioner of the Freedmen's Bureau that work shall be continued, and it ought to In case of vacancy in the office of Commissioner happening during the recess of the Senate the duties

before the next session of Congress, another be continued whether the State is represented of Cominissioner shall be discharged by the acting

officer known to be in the interests of the party or ndt; but if the proviso is allowed to remain, assistant adjutant general of the bureau until suck in power shall assume the exercise of the duties it defeats that. It is the best provision of the Vacancy can be filled.

of that office, and in that way the President is bill, and it onght to be continued in those The express provision of the Constitution is

to be excluded from his plain constitutional States not represented. There may be three that where vacancies in any office occur during | power to fill the vacancy occasioned by the or four States that will not be represented here, the recess of the Senate the President shall death of the incumbent during the recess of the and we ought to continue the system of pay. have the power to fill them. Here is an im- Senate.

ing bounties and helping the colored soldiers portant office, not important for its duties to Sir, the provision is outrageous; it has no of that section. the country or to the Government, not import- | authority whatever ; and Congress is not com- Mr. HOWARD. That proviso is manifestly ant for the necessity of the office, but important | petent to pass a law that will oust the Presi- an oversight, and it ought to be stricken out.

of

his right made I will be stricken out. missioner of the Freedmen's Bureau, and this recess of the Senate, and to fill it itself by its out the proviso. portion of the section provides that in the event own direction, and by the designation of another The amendment was agreed to.

political adjutant general denominated the com- | by the death of the incumbent during the hero PO MEROY.. he move, then, to strike

its use.

and nays.

The bill was ordered to be engrossed for a The bill was reported to the Senate, as BALDWIN of Massachusetts, Mr. M. WELKER of third reading, and it was read the third time. amended, and theamendment was concurred in. Ohio, and Mr. A. J. GLOSSBRENNER of Penn

Mr. DAVIS. I believe, standing solitary Mr. CONNESS. I should like to inquire | sylvania, managers at the same on its part. and alone, I shall call for the yeas and ways on of the chairman who reported the bill, whether

EDWARD B. ALLEN. the passage of this bill. I beg pardon ; I see this is to be a road built by private parties. one friend in his seat, [Mr. 'VICKERS.] I I understand that this is a grant of land for the

Ur. HENDRICKS. I move to take up frankly admit that I generally have to rely purposes of a common road, with the guarantee House bill No. 1080, for the relief of Edward upon the courtesy and magnanimity of our ihat the Government shall not be charged for

B. Allei. opponents in this Chamber to sustain me in

What is the condition of the com:

The motion was agreed to ; and the Senate, calling for the yeas and nays. I ought to call pany or persons who are to undertake to make as in Comunittee of the whole, proceeded to for the yeas and nays upon the passage of this the road? Are they to get a gift of this land, consider the bill. It is a direction to tire Pay. bill; but the men who profess to act with me are and then private persons to be charged for its

master General of the Army to pay to Edward not liere to enable me to secure the yeas and use?

B. Allen, of the State of Indiana, out of any nays, or to vote and put themselves properly Mr. WILSON. I will, in reply, call on the money appropriated for the pay of the Army, upon the record. That is not my fault. I shall Senator from Kansas, (Mr. Ross,] who intro

the full amount of the pay and emoluments of stand up here, or endeavor to stand here, in duced the bill, and who knows all about the

a captain of infantry from the 18th day of opposition to all such measures.

facts of the case, and can state them with || August to the 1st day of Norember, 1802. Dir. HOWARD). We are very anxious to inore precision than I can.

Mr. HENDRICKS. I will make a brief have the yeas and nays on this side of the Mr. CONNESS. I will state to the Senator

statement for about a minute about this case, Chamber for the purpose of enabling the bon- froin Kansas what my inquiry was. The bill

and then if the Senator from California, (Mr. orable Senator from Kentucky to put himself proposes to make a gift of land for the purpose

COLE,] who reported adversely upon it, desires on the record. of establishing a public road to be established

its recommittal, I shall have no objection. The Several SENATORS, Let us have the yeas

facts that I state I believe are known person. for that purpose, and forever securing the free

use of it to the Government. I inquire by ally to my colleague, who was the Governor Mr. CONNESS. I only desire to say that whom the road is to be established and built,

of the State at the time. I am very much astonished at my iriend from | and whether private persons are to be charged

Captain Allen was elected captain of his Kentucky who has belabored us so much from tolls, or onder what condition it is to be used? company and went into the service ; but time to time for passing these Freedmen's Mr. ROSS. The design is what the bill

he was not commissioned, and therefore did Bureau bilis, that now, when we have a bill expresses-a public road for the purposes of

not receive his pay as a commissioned officer. before ns providing for its abolishment and the Government as well as of citizens. It is . Perhaps he did not desire to take his comdiscoutinuance, he abuses that bill with might upon land owned by the Government, and is mission, because at the time he was bolding and main. to be free.

a lucrative county office, the office of county Mr. DAVIS. You do not dispose of it quite Mr. CONNESS. That is all I desire to

auditor, and it was supposed if he did not 80 soon as I would wish. To be sure I wish know.

take the commission and went into the war the gentlemen many years of life; I do not Mr. ROSS. The company make the road

and discharged the duties, the county office

would not be disturbed; but the supreme want them to die naturally; but I do not care running through the reservation. how soon this concern dies officially.

court of the State decided that the taking of

The bill was ordered to be engrossed for a The PRESIDENT pro tempore. On the

the command without a commission took away third reading, was read the third time, and passage of the bill the yeas and nays are passed.

his county office. That is a fact which was demanded.

not known to the committee at the time they MESSAGE FROM TIE IOUSE.

made their report. The yeas and nays were ordered ; and being taken, resulted-yeas 34, nays 3; as follows: A message from the House of Representa. If upon this statement of the facts, the comYEAS--Messrs. Anthony, Cattell, Chandler. Cole,

tives, by Vr. McPherson, its Cierk, announced mittee desires the recommittal of the bill, I Conkling, Comess. Cragin, Drake, Edmunds, Ferry,

that the House had passed the following bills have no objection to it; but it seeins to me, Harlan, Howard, McDonald, Morrill of Maine, Mor- and joint resolutions, in which it requested the as the bill is so inconsiderable, it might as well riil of Vermont. Morton, Nye. Osborn, Patterson of New II:n mpsuire, Poineroy, Ramsey, Ross, Sherconcurrence of the Senate:

be passed. The other House passed it, know man, Stewart, Thayer, Tipton, Truunbull. Van A bill (H. R. No. 1227) to provide for the dising these facts which were not communicated Winkle, Wade, Weleb, Willey, Williains, Wilson), tribution of the reward offered by the President to the committee of this body. It is simply and Yates-31.

of the United States for the capture of Jeffer- to give him the pay of the command that he NAYS-Messrs. Davis, McCreery, and Vicker3-3. ABSENT-Messrs. Bayard, Buckalow. Cancron, son Davis;

actually had. He went into the field and com. Corbett, Dixon. Doolittic, Fessenden, Fowler, Fre- A biil (H. R. No. 1320) for the relief of L. manded a company, and was an able officer. linghuysen, Grincs, Henderson, Hendricks, Ilowe, Merchant & Co., and Peter Rosecrantz; His pay was not allowed him at the DepartMorgan, Norton, Patterson of Tennessec, Fico, Saulsbury, Sprague, and Sumnor-20.

A bill (H. R. No. 1311) making appropria

meni because he had no comunission, and be So the bill was passed. tions and to supply deficiencies in the appro

had not a commission because he held a connty priations for the service of the Government for | office, which county office, worth three or four DISMISSED ARMY OFFICERS.

ihe fiscal year ending June 30, 1868, and for thousand dollars a year, he lost because he took Mr. WILSON. I move that the Senate proother purposes;

the command. ceed to the consideration of the bill (H. R. A bill (H. R. No. 1366) for the relief of

Mr. HARLAN. I ask the Senator if he No. 201) declaratory of the law in regard to Captain A. G. Olivar;

drew the pay for the county office during ang officers cashiered or dismissed from the Army A bill (H. R. No. 1370) to fix the time for || part of the time for which this bill is reported ? by the sentence of a general court-martial. holding the terms of the United States district

Mr. HENDRICKS. No; the litigation The motion was agreed to; and the Senate, court in Virginia :

came up, and it went to the supreme court, as in Committee of the Whole, resumed the A bill (H. R. No. 1378) to declare the mean

and the supreme court decided that he was consideration of the bill. ing of the several acts in relation to retired

not entitled. The bill was reported to the Senate without officers of the Army;

Mír. HARLAN. For any part of it? amendment, ordered to a third reading, read A joint resolution (H. R. No. 288) amenda

Mr. HENDRICKS. I suppose not. The the third time, and passed. tory of joint resolution for the reliet of cer

exact details I cannot gire. The supreme PUBLIC ROAD TIIROUGII A RESERVATION. tain officers of the Army, approved July 26,

court decided that the taking of the command 1866;

lost him his county office. Mr. WILSON. I now move that the Sen

A joint resolution (II. R. No. 310) to extend Mr. COLE. The committee to whom this ate proceed to the consideration of the bill (S. the provisions of the act of July 4, 1864,

bill was referred had less objection to paying No. 16) donating a portion of the Fort Leav.

limiting the jurisdiction of the Court of Claims this very small amount claimed by Mr. Allen enworth military reservation for the exclusive

to the loyal citizens of the State of Arkansas; for bis proper services than to establishing a use of a public road. and

precedent. But as stated by the Senator from The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to

A joint resolution (H. R. No. 331) to grant Indiana, it was not at the time known to the

an American register io Hawaiian brig Victoria committee that the party was deprived of the consider the bill. It provides that a strip of The message also announced that the House civil office that he was occupying. That did land one hundred feet in width along the south- bad passed the bill (S. No. 355) authorizing not appear in the papers referred to the conern boundary of the Fort Leavenworth military the construction of a bridge across the Mis- mittee, and the report of the committee was reservation, in the State of Kansas, extending from the Missouri river to the western bound

souri river, upon the military reservation at based upon the presumption, among others, ary thereof shall be set apart for the perpetualment, in which it requested the concurrence Fort Leavenworth, Kansas, with an amend- that he was at the time occupying a civil oitise

and receiving compensation for that. I wil and exclusive use of a public road. of the Senate.

not insist upon a reference of the case to the The Committee on Military Affairs and the

The message further announced that the committee. Militia reported the bill with an amendment, House insisted upon its disagreement to the Mr. MORTON. I had personal knowledge to add to it the following words:

amendments of the Senate to the bill (H. R. of this transaction at the time it took place. It And the said rond shall be and reinain a public highway for the use of the Goverument of the United

No. 34+) to incorporate the Washington Tar- was some time ago. I take it my colleague States, free froin tolls or other charges upon the

get-Shooting Association, in the District of bas stated the facts correctly. Ur. Allen vid transportation of any property, troops, or mails of Columbia, agreed to the conference asked by not receive actually a captain's commission as the United States.

the Senate on the disagreeing votes of the two the time with a view of holding on to and The amendment was agreed to.

Houses thereon, and bad appointed Mr. J. D. receiving the emoluments of the office of

one

six

county anditor; but the supreme court decided end of said amendment add the following words: in line four of the bill, on page 26, strike out tho word that accepting the command was equivalent to

"Prooided. That tho otice of examiner of clinims "one" where it first occurs and insertin lieu chereof

shall be abolished on the 301h day of June, 1860;" the word "iwo;' and in the same line strike out the receiving a commission. He therefore lost the and the Senate agree to the same is so modified. word

where it occurs the second time, and in office of county auditor, and having no com- That the House recede from their disagreement to lieu thereof insert the word three:" and in the mission he got no pay for his services in the the fifiy-third amendment or the Senate, and agree to same line strike oilt the word "six" and in licu

the same with the following amendments: striko out thereof insert the word "tiro." Army. I think he ought to be paid.

of said amendinent the following words: And for That tho Ilouse recede from their disagreement to The bill was reported to the Senate without temporary clerks $9.000;" and in line two of said the one hundred and thirty-ninhamendinant of tho amendment, ordered to a third reading, read amendmentstrike out the words "fifty-two thousand Senate, and agree to the same with an aiendinent. the third time, and passed.

seven bundred” and insert in lieu thereof the words as follows; strike out "eight” and insert in lieu
"forty-three thousand seven hundred and forty;". thereof the word
and the Senate agree to tho samo.

That the IIouse recede from their disagreement to COMPANY F, EIGIITEENTII.INFANTRY.

That the House recede from their disagrecment to the one hundred and forticth amendment of the SenMr. THAYER. I am directed by the Com

the sixtieth amendment of the Senate, and agree to ate, and agree to the same with the following amendmittee on Military Affairs and the Militia, to

the same with an annendment, as follows: strike out ment: strike out "eleven thousand two" and insert

of said amendment the word "three" and insert in in lieu thereof “cight thousand four." whom was referred the joint resolution (H. R. lieu thereof the word "two;' and the Senato agree to That the House recede from their disagreement to

the same, No. 281) authorizing the issue of clothing to

the one hundred and forty-first amendment of the

That the llouse recede from their disagreement to Senate, and agree to the same with an amendment, company F, eighteenth regiment United States the sixty-third amendment of the Senate, and agree as follows: strike out “twenty" and insert in lieu infantry, to report it back without amendment to the same with an amendment, as follows: striko thereot "ten.' and recommend its passage; and I ask for its

out of said amendment the words "forty-two ihousand That the llouse recede from their disagreement to

and seven hundred” and insert in lieu thereof the the one hundred and forty-second amendment of the present consideration. It is a resolution of

words " forty thousand nine hundred and twenty; Senate, and agree to the same with an amendment, but a few lines, and will occupy only the time and the Senate agree to the same.

as follows: strike out "twenty-four" and iøsert in required in reading it.

That the liouso recede from their disagreement to jieu thereof "twelve;" and the Senate agree to the

the sixty-fourthi arondment of the Senate, and agreo 8mne. By unanimous consent, the Senate, as in. to the same with an amendment, as follows: strike That the House recede from their disagreement to Committee of the Whole, proceeded to con- out of said amendmeüt the word "four’and insert in the one hundred and forty-sixth amendment of the sider the joint resolution. It is an authority

lieu thereof the word "ihree;'' and the Senate agree Senate, and agree to the saine with amendments, as to the same

follows: in lines two and three of said aineodment to the Secretary of War to issue to the thirty- That the louse recede from their disagreement to strike out the words "three thousand five hundred " three enlisted men of company F, eighteenth the sixty-sixth amendment of the Senate, and agree and insert in lieu thereof the words two thousand regiment United States infantry, clothing in

to the same with amendments, as follows: strikeout six hundred and sixty-threc;" and at the end of

of said amendment the word 'pine" and insert in said amendment, add the following: "Providell, That lieu of and equal in amount to that lost by lieu thereof the word "seven;" and on page 11, line this office shall cease on the 4th day of March, 1869, them in crossing the North Platte river, in nine of the bill, strike out the word three" and and no further appropriation for its continuance June, 1866, as shown and recommended in

insert in lieu the word “five;' and the Senato agree shall be made until said oflice shall have been estabto the same.

lished by law;" and the Senate agree to the same as the report of the board of survey convened That the llouse recede from their disagreement to so modified. under Special Orders No. 3, headquarters post the seventy-eighth amendment of the Senate, and That the House recede from their disagreement to Fort Bridger, Utah, of date of January 24,

agree to the same with amendwents, as follows: strike the one hundred and forty-eighth amendincnt of the

out of said amendment the words * one hundred" Senate, and agree to the same with amendments, as 1867.

and insert in lieu thereof the word "Gitty;" and on follows: in line one of said amendment strikeout the The joint resolution was reported to the Sen- page 17 of the bill, after the word "dollars," in line word "four" and insert in lieu thereof the word ate without amendment, ordered to a third

twenty-three, add the following words:"and it shall three;" and in line two of said amendment strike

be the duty of the Secretary to lay before the llouse out the word “four" and insert in lieu thereof the reading, read the third time, and passed. of Representatives annually with his report of re- word “three," and in the same lino strike out the

ceipts and expenditures a statement in detail of the word "cight" and insert in lieu thereof the word LEGISLATIVE, ETC., APPROPRIATION BILL. disbursements made from the same hereby appropri- six.' Mr. MORRILL, of Maine. I desire to subated;" and the Senate agree to the same.

That the House recede from their disagreement to That the Senate agree to the amendment of the the one bundred and ninety-third amendment of the mit a report from the committee of conference Hlouse to the seventy-ninth amendment of the Senate, and agree to the same with an amendment, on the disagreeing votes of the two Houses on Senate.

as follows: at the end of said amendment add tho the legislative, executive, and judicial appro

That the House recede from their disagreement to following: “ Provided. That from and after tuo 30th

no more.

attention to one point before he begins. The Senateli (H. R. No. 373) to place the name

a

17

the amendment of the House to the two hundred and Mr. CONNESS. I am satisfied.

A bill (S. No. 342) granting a pension to twenty-eighth amendmentofthe Senate, and agree to Mr. MORRILL, of Maine. I understand Thomas Stewart; the same.

E. B. WASHBURNE.
CHARLES E. PHELPS,

the Senator is satisfied that the objection is not A bill_(S. No. 359) granting a pension to C. DELANO.

sound, and therefore, that unless some Sena- Louisa Fitch, widow of E. P. Fitch, deceased; Managers on the part of the House.

tor desires a further explanation, I will say A bill (S. No. 381) granting a pension to
L. M. MORRILL,
TIMOTHY O. HOWE,

Edward Hamel, minor child of Edward Hamel,
T. A. HENDRICKS,
The report was concurred in.

deceased;
Managers on the part of the Senate.

A bill (S. No. 427) for the relief of the widow

ENROLLED BILLS SIGNED. The PRESIDENT pro tempore. The ques

and children of Jobn W. Jameson ; tion is on agreeing to the report of the com- A message from the House of Representatives, A bill (S. No. 434) for the relief of Elizabeth mittee of conference. by Mr. MCPHERSON, its Clerk, announced that

Barker, widow of Alexander Barker, deceased; Mr. MORRILL, of Maine. I will make a the Speaker of the House had signed the follow

A bill (S. No. 456) for the relief of Sylvester general statement in regard to it.

ing enrolled bills; and they were thereupon Nugent; Mr. CONNESS. Let me call the Senator's signed by the President pro tempore of the A bill (S. No. 494) granting a pension to

:

Elizabeth Steepleton, widow of Harrison W. provision in regard to advertising, as it appears

Steepleton, deceased; to me, as I heard the latter part of it read, by

of Mahala A. Straight upon the pension-roll A bill (S. No. 495) for the relief of Henry implication clearly authorizes the publication of the United States;

Reens; of such advertisements in other papers than

A bill (H. R. No. 456) granting a pension A bill S. No. 497) for the relief of Catharine those named, “unless selected by the head of

to the minor children of Pleasant Stoops ; Wands; a Department.”

A bill (H. R. No. 518) granting a pension A bill (S. No. 498) granting a pension to Mr. MORRILL, of Maine. No, sir. to George F, Gorham, late a private in com- Anna M. Howard; Mr. CONNESS. I ask the Clerk to read pany B, twenty-ninth regiment Massachusetts

A bill (S. No. 500) granting a pension to the latter part of that provision, and I call the volunteer infantry;

Lucinda R. Johnson; attention of the chairman to it.

A bill (H. R. No. 522) granting a pension A bill (S. No. 501) granting a pension to HarThe Chief Clerk read as follows: to W. W. Cunningham ;

riet W. Pond; Provided, That no advertisement to any State, dis- A bill (H. R. No. 525) granting a pension A bill (S. No. 520) granting a pension to trict, or Territory, other than the District of Colum- to Jeremiah T. Hallett;

Martha Stout; bia, Maryland, or Virginia, sball be published in the

A bill (H. R. No. 661) granting a pension papers designated, unless, at the direction first made

A bill (S. No. 549) granting an increase of of the proper head of a Department.

to the widow and minor children of William || pension to Catharine Eckhardt. Mr. CONNESS. Now, sir, it appears to Craft;

A bill (S. No. 307) for the relief of certain me clearly, by implication, they may publish

A bill (H. R. No. 662) granting a pension Government contractors ; them, “ if not directed by the head of a De

to the widow and minor children of George R. A joint resolution (S. R. No. 81) placing partment,'' that is under other circumstances, Waters;

certain pops of Missouri on an equal footing in any other paper.

A bill (H. R. No. 663) granting a pension with others as to bounties; Mr. MORRILL, of Maine. This report to Cyrus K. Wood, the legal representative of A joint resolution (H. R. No. 292) directing presents the bill very much as it came from Cyrus D. Wood;

the Secretary of War to sell damaged or the Committee on Appropriations on the part

A bill (H. R. No. 664) granting a pension || unserviceable arms, ordnance, and ordnance of the Senate and as it was perfected by the to the minor children of Charles Gouler ;

stores; and Senate when it was returned to the House of

A bill (H. R. No. 666) granting a pension to A joint resolution (S. R. No. 107) in relation Representatives. It is substantially that. I Henry H. Hunter ;

to the Maquoketa river in the State of Iowa. will name the general exceptions in which it A bill (H. R. No. 669) granting a pension differs, and then I will notice what the honor- to the widow and minor children of Myron

TIIE FUNDING BILL. able Senator from California has drawn my Wilklow;

The PRESIDENT pro tempore. The mornattention to.

A bill (H. R. No. 670) granting a pensioning hour having expired, the unfinished busiThe first material exception to the statement to the widow and children of Andrew Holman; ness of yesterday is before the Senate, being I have made that this is substantially the bill A bill (H. R. No. 521) to place the name the bill (H. R. No. 1354) to provide for the as it was left by the action of the Senate is the of Solomon Zachman on the pensiun-roll ; issue of arms for the use of the militia. appropriation for the execution of the laws in A bill (H. R. No. 673) granting a pension Mr. SHERMAN. With the consent of the regard to loans. The Senate proposed to to the widow and minor children of John S. Senator from Massachusetts, I move to postappropriate $1,500,000. This report leaves it Phelps ;

pone the unfinished business and all prior at $1,250,000.

A bill (H. R. No. 672) granting a pension orders and take up the special order for one Then the Senate agreed to appropriate to the widow and minor children of Charles o'clock to-day, the funding bill. $8,000,000 for the expenses of the internal reve- W. Wilcox;

The motion was agreed to; and the Senate, The House proposition was $6,000,000. A bill (H. R. No. 676) granting pension

as in Committee of the Whole, resumed the The committee of the Senate and the Senate to Thomas Connolly;

consideration of the bill (S. No. 207) for fundconcurred in raising it to $8,000,000. This A bill (H. R. No. 677) granting a pensioning the national debt and for the conversion of report puts it at $6,000,000 upon the ground to the minor children of James Heatherly ;

the potes of the United States. that there has been a large deduction in the A bill (H. R. No. 770) granting a pension

The PRESIDENT pro tempore. The questaxes, or rather in abatement of the taxes, to John H. Finlay ;

tion is on the amendment offered by the Sena. which will necessarily tend to decrease the A bill (H. R. No. 675) granting a pension tor from Ohio, which will be read. expenses, and then, as we understand, the to the widow and minor children of Cornelius The Chief Clerk read the amendment, large reduction in the force renders it probable L. Rice;

which was to strike out all of the original bill that $6,000,000 will answer for the expenses A bill (H. R. No. 771) granting a pension after the enacting clause and to insert in lieu of that Department this year. to John L. Lay ;

thereof the following: There is one particular to which I think I A bill (H. Ř. No. 773) granting a pension That the Secretary of the Treasury is hereby auought to call the attention of the Senate, and to William H. McDonald ;

thorized to issue coupon or registered bonds of the

United States in such form and of such denominathat is the Department of Education. It will A bill (H. R. No. 825) granting a pension tions as he may prescribe, redeemable in coin at the be noticed that the original establishment of to John W. Hughes;

pleasure of the United States, after twenty, thirty. the Department as a Department of Education A bill (S. No. 232) granting a pension to

and forty years, respectively, and bearing the follow. is to cease at the close of the present fiscal Henrietta Nobles;

ing rates of yearly interest, payable semi-annually in

coin, that is to say: the issue of bonds falling due in year, that is June 30, 1869; but provision is A bill (S. No. 238) granting a pension to twenty years shall bear interest at fivo per cent.; inade for a Commissioner, who is to be trans- Carrie E. Burdett;

bonds falling due in thirity years shall bear interest

at four and a half per cent.; and bonds falling doo ferred to the Interior Department, and subject A bill (S. No. 282) granting a pension to in forty years shall beat interest at four per cent. to the directions and authority of the head of Annie E. Dixon.

which said bonds shall be exempt from taxation in that Departinent, and his duties are to be those A bill (S. No. 291) granting a pension to

any form by or under State, municipal, or local au

thority, and the same and the interest thereon, and of the present Commissioner.

Ann Kelley, widow of Bernard Kelley; the income therefrom, shall be exempt from the Pretty much all the other amendments re- A bill (S. No. 292) granting a pension to payment of all taxes or duties to the United States, late to the clerks in the several Departments. Maria Raftery;

other than such income tax as may be assessed upon

other incomes; and the said bonds and the proceeds They are limited; but it is of no great conse- A bill (S. No. 316) for the relief of Rebecca

thereofsball be exclusively used for the redemption. quence, I suppose, that I should detail the V. Senor, mother of James H. Senor, deceased; payment, or purchase of, or exchange for, an equal amendments in regard to those matters.

A bill (S. No. 318) for the relief of Charlotte

amount of any of the present interest-bearing debt

of the United States, other than the existing five per Now, in regard to the question to which the Posey, widow of Sebastian R. Posey;

cent, bonds and the three per cent. certificates, and Senator from California adverts, the under- A bill (S. No. 321) for the relief of Mrs. may be issued to an amount, in the aggregate, sutiistanding of the committee is that all laws, | Mary Gaither, widow of Wiley Gaither, de

cient to cover the principal of all outstanding or treaties, and advertisements required by law ceased;

existing obligations as limited herein, and no more.

but not to exceed $700,000,000 dollars shall be of the to be published in the States of Virginia and A bill (S. No. 332) granting a pension to issue redeemable in twenty years. Maryland, and the District of Columbia, are Jolin W. Harris ;

SEC. 2. And be it further enacted. That there is

hereby appropriated out of the duties derived from to be published in the papers which are au- A bill (S. No. 383) for the relief of Julia M. imported goods the sum of $135,000,000 annually. thorized by law to make this publication. Molin;

which sum during ench fiscal year shall be applied

nue.

to the payment of the interest, and to the reduction It ought never to be tolerated or thought of ond proposition is that a specitic sum of of the principal of the public debt, in such a manner

by any one. as inay be determined by the Secretary of the Treas

I was very much gratified, and I $135,000,000 in gold shall be set aside for ury, or as Congress may hereafter direct; and such

think that is the opinion of the whole Senate, the payment of the interest on the public reduction shall be in lieu of the sinking fund con- at the prompt action of the Committee of Ways i debt, and for the redemption of the principal. templated by the fifth section of the act entitled "An act to authorize the issue of United States notes, and

and Means on the proposition sent to them If this is allowed its uninterrupted course, it for the redemption or funding thereof, and for fund- by the House of Representatives.

will pay off the whole national debt in thirtyas the Hoating debt of the United States" approved The only way, in my judgment, to reduce five years. The effect of a fixed appropriFebruary 25, 1862. Sac. 3. And be it further enacted, That the bolder of

the burden of the public debt is by selling our ation operates as a sinking fund. As the any lawful money of the United States, to the amount bonds at a lower rate of interest and redeem: interest is diminished by funding, the amount of $1,000, or any multiple of $1,000, may convert the ing existing bonds according to the spirit and to be applied to the principal increases. The silme into bonds for an equal amount, authorized by the first section of this act, under such rules and reg

terms of the law under which they were issued. reduction proposed on the first five-twenty ulations as the Secretary of the Treasury may preIt can be done now. The state of the money

loan of $500,000,000 will operate as a saving scribe; and any holder of any of the bonds provided market is such that we can do it now. I have to the United States of $269,912,460 by the for in the first section of this act, may present the same to the Treasurer of the United States and de

no doubt that a simple offer now made to the year 1898, when it becomes payable. I will mand lawful money of the United States for the bondholders will induce many of them to append a carefully prepared table to these principal and accruing interest thereon, and the accept bonds at a lower rate of interest, and remarks showing this in detail. Treasurer shall redeem the same in lawful money

thus, without disturbing or affecting the public of the United States, unless the amount of the Uni

The next proposition is that the holder of ted States notes then outstanding shall be equal to credit, reduce the rate of interest considerably, a greenback shall stand on precisely the same $400,000,000; and such bond shall not be so redeem- Upon another point. I have no doubt, I said || footing as the holder of a bond ; that whatever able after the United States have resumed the payInent of coin for their notes.

here in January last, that the Government of privilege is conferred upon the holder of a Sp. 4. And be it further enacted, That any con

the United States have now the right to pay bond shall be conferred upon the holder of a tract hereafter made specifically payable in coin the principal of the five-twenty bonds, as they greenback ; that the holder of a United States shall be legal and valid, and may be enforced according to its terms, anything in the several acts relat

mature or become redeemable, in the lawful note may go and present it at the Treasury ing to United States notes to the contrary notwith- money of the United States. We have no and demand a bond for it, and that the holder standing.

power and no right, without violating public of a five-twenty bond may go and present it at Mr. SHERMAN. Mr. President, I do not faith, to issue any more greenbacks, because the Treasury and demand a new bond for it. intend to discuss the general subject of fund- the law under which our bonds were nego- By this simple provision we answer the deming the public debt. I did that in January tiated limits the amount of greenbacks to agogical cry so prevalent in the country that last, and have no desire to repeat the argument $100,000,000, and we cannot violate that stip- one kind of currency is provided for the poor I then submitted to the Senate. I am willing ulation by increasing the quantity of green- man and another for the rich man, because we to stand on what I then said. My position backs or lawful money. But so fast as this place the United States note on a precise foothas only been strengthened by the debates since money comes into the Treasury of the United | ing with the most favored security now offered that time.

States, either by taxes or by new loans, we in the market. Unless this is done the man Mr. POMEROY. I do not wish to inter- have a right to apply those taxes or that money who is compelled to receive your United States rupt the Senator, but I hope he will tell us to the payment of the principal of the public note, which is, after all, a promise of the Govwherein the first section of this bill differs from debt, precisely as we have a right to apply it ernment to pay on demand, is placed in a more the law of 1866, the present authority of the to the payment of pensions or salaries, or any disadvantageous position than the person who Secretary of the Treasury?

other expenditure of the Government The holds your bond payable in the long future. Mr. SHERMAN. I will answer the ques- law makes no such discrimination in favor of This provision is inserted for the purpose of tion of the Senator when we proceed to con- bondholders. The only discrimination that is making an equality between the bondholder sider the details of the bill.

made is in regard to interest. That is ex- and the noteholder, to remove the discriminaRecent events, however, show the import- pressly provided to be paid in gold coin. In tion between them. Ail discriminations beance, the absolute necessity of making some regard to the principal there is no stipulation tween different kinds of debt, between notemorement toward the reduction of the interest as to the five-twenty loan. There is a stipula- holders and bondholders are anti-republican, on the public debt, with a view to lighten the tion in regard to the ten-forty loan, and no one and should be dispensed with as rapidly as pos. burdens of the people. The Chicago conven- proposes to violate it. But the committee do sible. tion pledged the Republican party to make not present that question. It is a question The last section of the bill is simply the bill vigorous efforts to reduce the rate of interest upon which there is a difference of opinion that the Senate have already, unanimously on the public debt. The platform is familiar among men of all parties. We do not wish to passed, providing that the people may, if they u all. The majority of the House of Repre- present that question by the bill, nor does the choose, trade in gold. Under the existing sentatives, comprising men of both parties, bill present the question.

laws merchants are compelled to buy large and the recent Democratic convention at New This bill is simply an authority to the Secre. amounts of gold to pay duties, and yet they turk, propose to lessen the burdens of the tary of the Treasury to sell the bonds of the cannot make a legal contract, according to public debt by taxing the income from it. This United States of a specific character at a price the construction of some of the courts, payable subject is exciting a great deal of attention and that will enable him to redeem dollar for dol. in gold. The result is, that they are embaranxiety among the people. There is a uni- lar the outstanding six per cent. bonds of the rassed. Frauds may be committed. Contracts versal demand that the burden of the public United States. It is so carefully prepared that made upon the basis of gold must be enforced debt, which now bears six per cent. in gold, || the Secretary has no authority to sell except by the courts in lawful money;

This section shall be reduced as rapidly as possible, either as he is able to redeem an equal amount, dol- simply restores to the people the right to trade by funding it at a lower rate of interest, or by lar for dollar, of existing bonds. So that the as they please, to do as they pleise, and autaxing it in some form or other by the States | question upon which there is a difference of thorizes the courts to enforce those contracts or by the national Government. opinion among us as Republicans and as according to their letter and spirit.

This secThese are questions that I do not propose Senators about the power of the United States tion has been objected to, I believe, by the now to discuss at any length. My convictions to pay off the bonds as they mature in lawful Senator from Minnesota because it might enare that the States cannot tax the Govern. money does not arise.

able the rich man to demand a gold contract for ment securities. Ticluan laws expressly pro- My own deliberate judgment, however, is the purpose of raising the rate of interest. bibit this. The United States has been in that we have the right to do it; and that, Such a contract would be usurious, and would debt since the foundation of the Government, unless this conversion is made in a reasonable not be enforced. and no party ever proposed to tax the Govern: time by the voluntary action and interest of Mr. RAMSEY. How does the Senator ment securities until the Democratic party pro- the bondholders, that power will be exercised. know that? It is not so upon the face of the posed to do it. The courts have always held The state of the money market shows that law. that there is no power in a State government this is the general opinion of the commercial Mr. SHERMAN. If the contract is made to tax the Government securities. It is in- world, because the difference between the ten- upon the basis of paper money, and the stipuherent in the nature of our Government. The forties and five-twenties does not exceed three lation to pay in gold is merely used as a device power to borrow money is a power necessary or four per cent. I have no doubt that a prop- or means to extort usury, it is a usurious con. to the existence of the Government, and no osition to give to the holders of these bonds a tract and will not be enforced. This section subordinate authority can affect that power. bond bearing five per cent. interest payable in only applies to contracts hereafter made that It is not necessary to discuss these questions twenty years will be accepted by then; or if are based upon gold values-to be paid in gold further than to refer to the cases, and that I not, the Secretary may go into the markets of in the future, and therefore it is perfectly just have already done.

the world and sell these new bonds at a price and right. Indeed, my own opinion is, that Nor can the United States impose a discrim- that will enable him to take up and buy in under the legal-tender clause there is nothing inating tax against Government securities. in the open market the five-twenty bonds : so to prevent the enforcement of contracts based The United States may impose the same tax that the question about which there is a differ- upon gold being enforced in gold; but there is on the income derived from Government secur- ence of opinion will be postponed. If the a difference of opinion on that point in the legal ities that it does on other incomes. There state of the money market will not allow him profession, and many of the courts have held can be no objection to that. It is done by the to do this, the bill does no harn.

that a contract payable in gold, based upon English and other Governments. But the This bill contains four distinct propositions, gold, where gold was lent, may be enforced United States cannot make a discriminating all of which onght to go together. The first now in the lawful money of the United States, property income tax against Government secur. is that a bond bearing a lower rate of interest | creating an injustice which is as wrong as itics. Such a thing would be a plain and pal- may be exchanged or sold to redeem a bond would be a forfeiture of a portion of the debt. pable violation of the tenor of the loan acts. bearing a higher rate of interest. The sec. Now, Mr. President, these principles are

a