%images;]> llsj-066 Journal of the Senate of the United States of America, 1789-1873 : a machine readable transcription. A Century of Lawmaking for a New Nation: U.S. Congressional Documents and Debates, 1774 to 1873. Selected and converted. American Memory, Library of Congress.

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1998/10/14 0001

JOURNAL OF THE SENATE OF THE UNITED STATES OF AMERICA, BEING THE FIRST SESSION OF THE FORTY-SECOND CONGRESS, BEGUN AND HELD AT THE CITY OF WASHINGTON MARCH 4, 1871, IN THE NINETY-FIFTH YEAR OF THE INDEPENDENCE OF THE UNITED STATES.

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WASHINGTON: GOVERNMENT PRINTING OFFICE.

1871.

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CONGRESS OF THE UNITED STATES.

The First Session of the Forty-second Congress commenced this day, in conformity with law, and the Senate assembled in its chamber at the city of Washington.

SATURDAY, March 4, 1871. Link to Annals.

Present:

From the State of New Hampshire

Mr. James W. Patterson.

From the State of Rhode Island and Providence Plantations.

Mr. William Sprague.

From the State of Connecticut.

Messrs.

William A. Buckingham,

Orris S. Ferry.

From the State of Vermont.

Messrs.

George F. Edmunds,

Justin S. Morrill.

From the State of New York.

Messrs.

Roscoe Conkling,

Reuben E. Fenton.

From the State of New Jersey.

Mr. John P. Stockton.

From the State of Pennsylvania.

Messrs.

Simon Cameron,

John Scott.

From the State of Delaware.

Mr. Thomas F. Bayard.

From the State of Maryland.

Messrs.

William T. Hamilton,

George Vickers.

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From the State of Virginia.

Mr. John F. Lewis.

From the State of North Carolina.

Mr. John Pool.

From the State of South Carolina.

Mr. Frederick A. Sawyer.

From the State of Georgia.

Mr. Joshua Hill.

From the State of Kentucky.

Mr. Garrett Davis.

From the State of Tennessee.

Mr. William G. Brownlow.

From the State of Ohio.

Messrs.

John Sherman,

Allen G. Thurman.

From the State of Louisiana.

Mr. William Pitt Kellogg.

From the State of Indiana.

Messrs.

Oliver P. Morton,

Daniel D. Pratt.

From the State of Illinois.

Mr. Lyman Trumbull.

From the State of Alabama.

Mr. George E. Spencer.

From the State of Maine.

Mr. Hannibal Hamlin.

From the State of Missouri.

Messrs.

Frank P. Blair, jr.,

Carl Schurz.

From the State of Mississippi.

Mr. Adelbert Ames.

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From the State of Arkansas.

Mr. Benjamin F. Rice.

From the State of Michigan.

Mr. Zachariah Chandler.

From the State of Florida.

Messrs.

Abijah Gilbert,

Thomas W. Osborn.

From the State of Texas.

Mr. J. W. Flanagan.

From the State of Wisconsin.

Mr. Timothy O. Howe.

From the State of Iowa.

Mr. James Harlan.

From the State of California.

Messrs.

Eugene Casserly,

Cornelius Cole.

From the State of Minnesota.

Mr. Alexander Ramsey.

From the State of Oregon.

Mr. Henry W. Corbett.

From the State of Kansas.

Mr. Samuel C. Pomeroy.

From the State of West Virginia.

Mr. Arthur I. Boreman.

From the State of Nevada.

Messrs.

James W. Nye,

William M. Stewart.

From the State of Nebraska.

Mr. Thomas W. Tipton.

The honorable Schuyler Colfax, Vice-President of the United States and President of the Senate, resumed the chair.

The credentials of the following-named Senators having been heretofore presented to the Senate, the oaths prescribed by law were administered 0006 6 to them by the Vice-President, and they took their seats in the Senate, to wit:

Mr. Henry B. Anthony, from the State of Rhode Island and Providence Plantations.

Mr. Alexander Caldwell, from the State of Kansas.

Mr. Henry Cooper, from the State of Tennessee.

Mr. Aaron H. Cragin, from the State of New Hampshire.

Mr. Henry G. Davis, front the State of West Virginia.

Mr. Thomas W. Ferry, from the State of Michigan.

Mr. Frederick T. Frelinghuysen, from the State of New Jersey.

Mr. Phineas W. Hitchcock, from the State of Nebraska.

Mr. James K. Kelly, from the State of Oregon.

Mr. John A. Logan, from the State of Illinois.

Mr. Lot M. Morrill, from the State of Maine.

Mr. Thomas J. Robertson, from the State of South Carolina.

Mr. John W. Stevenson, from the State of Kentucky.

Mr. J. R. West, from the State of Louisiana.

Mr. Henry Wilson, from the State of Massachusetts.

Mr. William Windom, from the State of Minnesota.

Mr. George G. Wright, from the State of Iowa.

Mr. George Goldthwaite, whose credentials were presented on the 6th day of February last, appeared to take the oaths prescribed by law,

When

Mr. Sherman presented a protest, signed by forty-five members of the senate and house of representatives of the legislature of the State of Alabama, against the admission of George Goldthwaite to a seat in the Senate as a Senator from said State; which was read.

After debate,

On motion by Mr. Sherman,

Ordered, That the protest, with the credentials of Mr. Goldthwaite lie upon the table.

Mr. Flanagan here submitted a motion that the oaths prescribed by law be administered by the Vice-President to Morgan C. Hamilton, whose credentials as Senator-elect from the State of Texas were presented on the 13th of July, 1870.

Mr. Morton presented a certified copy of a joint resolution of the legislature of the State of Texas, approved January 26, 1871, providing for the election of a United States Senator from that State on the 24th day of January, 1871, for the term of six years commencing on the 4th day of March 1871, and declaring the election of Morgan C. Hamilton, on the 22d February 1870, as Senator for said term illegal; which was read.

On motion by Mr. Morton.

Ordered, That the resolution of the legislature of the State of Texas, and the credentials of Mr. Morgan C. Hamilton and Mr. Joseph J. Reynolds, lie on the table.

On motion by Mr. Morton,

Ordered, That the credentials of Mr. Foster Blodgett, as Senator-elect from the State of Georgia, and the protest of members of the general assembly of the State of Georgia against his election, on the files of the last Congress, be taken from the files and laid on the table.

On motion by Mr. Anthony,

Ordered, That the Secretary notify the House of Representatives that a quorum of the Senate has assembled, and that the Senate is ready to proceed to business.

Mr. Hamlin submitted the following resolution; which was considered, by unanimous consent, and agreed to:

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Resolved, That a committee, to consist of two members, be appointed, to join such committee as may be appointed, by the House of Representatives, to wait upon the President of the United States and inform him that a quorum of each House has assembled, and that Congress is ready to receive any communication he may be pleased to make.

Ordered, That the committee be appointed by the Vice-President; and

The Vice-President appointed Mr. Hamlin and Mr. Bayard.

Ordered, That the Secretary notify the House of Representatives thereof.

On motion by Mr. Cameron,

Ordered, That the hour of the daily meeting of the Senate be 12 o'clock meridian, until otherwise ordered.

On motion by Mr. Edmunds,

Ordered, That when the Senate adjourns, it be to Tuesday next.

On motion by Mr. Edmunds, at 1 o'clock p. m.,

The Senate adjourned.

TUESDAY, March 7, 1871. Link to Annals.

Mr. Eli Saulsbury, from the State of Delaware, whose credentials were presented to the Senate on the 17th of February lost, attended, and the oaths prescribed by law were administered to him by the Vice-President, and he took his seat in the Senate.

Mr. Charles Sumner, from the State of Massachusetts, attended.

Mr. Hamlin, from the committee appointed to join such committee as may be appointed by the House of Representatives to wait upon the President of the United States and inform him that a quorum of each House has assembled, and that Congress is ready to receive any communication he may be pleased to make, reported that they had attended to the duty assigned them; that the President had signified that he had no communication to make at present to Congress, but that he might have some communication to make in the course of a week; and he expressed a desire that during the present week no day should be fixed for the final adjournment of the two Houses; and further, that he would have communication of an executive character to make to the Senate at an early day.

Mr. Schurz presented the petition of David Kleinman, praying compensation for property taken by United States troops at Washington, District of Columbia, in 1865.

Ordered, That it lie on the table.

Mr. Ramsey presented memorials of the legislature of the State of Minnesota, as follows:

A memorial in favor of the payment of bounty, by the Government, to the First regiment of Minnesota Mounted Rangers;

A memorial in favor of the establishment of a national bureau of immigration; and

A memorial in favor of making the port of Du Luth a port of entry.

Ordered, That they severally lie on the table and be printed.

Mr. Pomeroy presented a petition of residents on the Osage trust lands, in Kansas, praying an extension of time of payment by settlers thereon.

Ordered, That it lie on the table.

Mr. Wilson presented the petition of Anna Ella Carroll, praying compensation for suggesting to the Assistant Secretary of War plans of operation for the armies of the United States on the Tennessee River, during the late war.

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Ordered, That it lie on the table.

Mr. Pratt presented the petition of Mrs. Phœbe Sofield, praying to be allowed a pension.

Ordered, That it lie on the table.

On motion by Mr. Hamlin,

Ordered, That when the Senate adjourns, it be to Thursday next.

Mr. Pomeroy presented a petition of the Ottawa Indians of the united bands of Blanchard's Fork and Roche de Bœuf, praying an investigation of the disposition made of lands granted them by treaty of June 24, 1862, for the education of their children.

Ordered, That it lie on the table and be printed.

Mr. Pool presented the memorial of Joseph C. Abbott, claiming to have been legally elected a Senator of the United States by the legislature of the State of North Carolina, for the term of six years, commencing on the 4th day of March, 1871.

Ordered, That it lie on the table and be printed.

Mr. Stewart presented a resolution of the legislature of Nevada, in favor of extending to that State the provisions of the act granting certain swamp and overflowed lands to the State of Arkansas and other States of the Union.

Ordered, That it lie on the table and be printed.

Mr. Anthony submitted the following resolution for consideration:

Resolved by the Senate, (the House of Representatives concurring,) That there be printed twenty thousand additional copies of the last report of the Commissioner of Education, of which five thousand copies shall be for the use of the Senate, ten thousand copies shall be for the use of the House of Representatives, and five thousand copies shall be for the use of the Bureau of Education.

Ordered, That it lie on the table.

Mr. Hamilton, of Maryland, presented the petition of Jane H. G. Greenfield, praying indemnity for spoliations committed by the French prior to the year 1800.

Ordered, That it lie on the table.

On motion by Mr. Hamilton, of Maryland,

Ordered, That John Thompson Mason have leave to withdraw, his petition and papers from the files of the Senate.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: I am directed by the House of Representatives to inform the Senate that a quorum of the House has assembled; and that it has elected the honorable James G. Blaine, one of the Representatives from the State of Maine, Speaker, and is now ready to proceed to business.

The House of Representatives has passed a resolution for the appointment of a committee on the part of the House, to join such committee as may be appointed on the part of the Senate, to wait on the President of the United States and inform him that a quorum of the two Houses has assembled, and that Congress is ready to receive any communication he may be pleased to make.

It has appointed Mr. S. Hooper, Mr. Niblack, and Mr. Scofield the committee on its part.

The House of Representatives has passed the following resolution, in which it requests the concurrence of the Senate:

Resolved, (the Senate concurring,) That the President of the Senate and Speaker of the House of Representatives declare their respective Houses 0009 9 adjourned sine die on Wednesday, the eighth day of March, instant, at twelve o'clock meridian.

The Senate proceeded to consider the resolution of the House of Representatives directing the President of the Senate and the Speaker of the House of Representatives to declare their respective Houses adjourned without day on Wednesday, the 8th instant; and

On motion by Mr. Hamlin,

Ordered, That the said resolution lie upon the table.

Mr. Fenton asked and by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 1. A bill to incorporate the Tehauntepec Railway and Ship Canal Company.

S. 2. A bill to regulate the service in the collection of customs at the various ports of entry in the United States, and the disposition of fines, penalties, and forfeitures incurred under the laws relating to customs, and for other purposes.

Mr. Flanagan asked and by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 3. A bill making an appropriation to indemnify the citizens of Brenham, Washington County, Texas, for loss of private property by fire and pillage at the hands of United States soldiers.

S. 4. A bill to incorporate the Red River Valley, Oklahoma and Santa Fé Railroad Company.

Mr. Robertson asked and, by unanimous consent, obtained leave to bring in a bill (S. 5) to relieve all persons engaged in the rebellion from the disability imposed by the fourteenth amendment of the Constitution, with certain exceptions; which was read the first and second times, by unanimous consent.

Ordered, That it lie on the table and be printed.

Mr. Casserly asked and, by unanimous consent, obtained leave to bring in a bill (S. 6) for the protection of settlers on the public lands of the United States; which was read the first and second times, by unanimous consent.

Ordered, That it lie on the table and be printed.

Mr. Blair asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 7. A bill to grant to the State of Missouri all the public lands within the State remaining undisposed of, for the benefit of the public school fund of said State.

S. 8. A bill for the removal of all legal and political disabilities from the people of the Southern States.

Mr. Ramsey asked and, by unanimous consent, obtained leave to bring in a bill (S. 9) to revise, consolidate, and amend the statutes relating to the Post Office Department; which was read the first and second times, by unanimous consent.

Ordered, That it lie on the table and be printed.

Mr. Pratt asked and, by unanimous consent, obtained leave to bring in a bill (S. 10) for the protection of settlers on the public lands of the United States; which was read the first and second times, by unanimous consent.

Ordered, That it lie on the table and be printed.

Mr. Cole asked and, by unanimous consent, obtained leave to bring 0010 10 in a bill (S. 11) to abolish the tax upon incomes; which was read the first and second times, by unanimous consent.

Ordered, That it lie on the table and be printed.

Mr. Buckingham asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 12. A bill to provide for a building for the use of the post office, custom-house, pension office, United States circuit court and district courts, and internal revenue officers, at Hartford, Connecticut.

S. 13. A bill for the relief of Mrs. Fanny Kelly.

S. 14. A bill to amend an act to revise, consolidate, and amend the statutes relating to patents and copyrights.

Mr. Rice asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

S. 15. A bill to aid in the construction of a railway and telegraph line through Missouri and Arkansas, along or near the 36th parallel of north latitude.

S. 16. A bill amendatory of an act to incorporate the Texas Pacific Railroad Company.

S. 17. A bill to organize the Territory of Oklahoma and consolidate certain Indian tribes under territorial government.

Mr. Stewart asked and, by unanimous consent, obtained leave to bring in a bill (S. 18) to encourage the construction of American ocean steamships for the foreign trade and for naval purposes; which was read the first and second times, by unanimous consent.

Ordered, That it lie on the table and be printed.

Mr. Corbett asked and, by unanimous consent, obtained leave to bring in a bill (S. 19) to aid in the construction of the Oregon branch, Pacific Railroad; which was read the first and second times, by unanimous consent.

Ordered, That it lie on the table and be printed.

Mr. Schurz asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

S. 20. A bill to authorize the construction of a bridge across the Missouri River at Boonville, Missouri.

S. 21. A bill to pay members of certain military organizations therein named.

Mr. Cragin asked and, by unanimous consent, obtained leave to bring in a bill (S. 22) to amend section 5 of the general incorporation law of the District of Columbia in relation to cemeteries; which was read the first and second times, by unanimous consent.

Ordered, That it lie on the table and be printed.

Mr. Tipton asked and, by unanimous consent, obtained leave to bring in a bill (S. 23) to enable honorably-discharged soldiers and sailors, their widows and orphan children, to acquire homesteads on the public lands of the United States; which was read the first and second times, by unanimous consent.

Ordered, That it lie on the table and be printed.

Mr. Nye asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 24. A bill granting the right of way and lands to the Sacramento Irrigation and Navigation Company.

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S. 25. A bill to encourage telegraphic communication between America, Asia, and Europe.

Mr. Sawyer asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 26. A bill authorizing the Secretary of the Treasury to pay to the claimants the proceeds of certain cotton seized in violation of instructions from the Treasury Department, and which have been erroneously covered into the Treasury.

S. 27. A bill to provide for the sale of certain lots and lands in South Carolina belonging to the United States, and for other purposes.

Mr. Robertson asked and, by unanimous consent, obtained leave to bring in a bill (S. 28) authorizing the payment of interest due to the State of South Carolina; which was read the first and second times, by unanimous consent.

Ordered, That it lie on the table and be printed.

Mr. Spencer asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 29. A bill amending an act to reduce internal taxes, and for other purposes, approved July 14, 1870.

S. 30. A bill authorizing the Savannah and Memphis Railroad Company of Alabama to enter public lands.

Mr. Hamlin asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 31. A bill to provide stenographers for the circuit courts of the United States.

S. 32. A bill to secure cheap transportation of breadstuffs and provisions from the West to the sea-board at uniform rates throughout the year.

S. 33. A bill for the relief of the heirs of Captain William Barker, deceased, Sarah L. Spring, and Harriet Spring.

Mr. Cooper asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 34. A bill for the relief of William H. Turley, in the case of the illegal seizure of the steamer T. D. Hine.

S. 35. A bill for the relief of East Tennessee University.

Mr. Conkling asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 36. A bill to prevent cruelty to animals while in transit by railroad, or other means of transportation, within the United States.

S. 37. A bill for the preservation of the barbers of the United States against encroachment.

S. 38. A bill to provide additional commercial and postal facilities in the port of New York.

Mr. Caldwell asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 39. A bill authorizing the Kansas Pacific Railway Company to construct a branch of its road to the Arkansas River.

S. 40. A bill in relation to the Miami Indian lands in Kansas.

S. 41. A bill to enable the Secretary of War to enlarge the depot at Fort Leavenworth.

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S. 42. A bill to authorize and aid the Kansas Pacific Railway Company to extend and construct its railroad and telegraph lines to the northern boundary of Mexico.

Mr. Pomeroy asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 43. A bill to enable honorably discharged soldiers and sailors, their widows and orphan children, to acquire homesteads on the public lands of the United States.

S. 44. A bill to enable the Secretary of the Interior to sell certain lands in Kansas.

S. 45. A bill to enable the Leavenworth, Lawrence and Galveston Railroad Company to relocate a portion of its road.

S. 46. A bill to enable the Secretary of War to pay the expenses incurred in suppressing Indian hostilities in the Territory of Montana.

S. 47. A bill to incorporate the Great Salt Lake and Colorado River Railway Company, and to aid in the construction of its road, and for the purpose of securing the lands along the line of said road to actual settlers at two dollars and fifty cents per acre, and in quantities not exceeding one hundred and sixty acres to each settler.

S. 48. A bill to incorporate the Kansas, Indian Territory and Gulf Railway Company, and to enable the Missouri River, Fort Scott and Gulf, and the Leavenworth, Lawrence and Galveston Railroad Companies to unite and construct a railroad through the Indian Territory, and to reach the Gulf.

S. 49. A bill authorizing the establishment of ocean mail steamship service between the United States and Australia.

S. 50. A bill authorizing the Ottawa Indians to bring suits in the courts of Kansas upon any matters growing out of their late treaties.

Mr. Osborn asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 51. A bill granting lands to aid in the construction of certain railroads in the State of Florida, and to secure railroad connection with the nearest available harbor to Cuba, and other West India islands.

S. 52. A bill for the relief of George R. Wilson.

S. 53. A bill for the restoration of Commander George A. Stevens, United States Navy, to the active from the retired list.

Mr. Kellogg asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 54. A bill to incorporate the Southern Express Company.

S. 55. A bill for the disposal of the public lands in the State of Louisiana.

S. 56. A bill for the better organization of the district courts of the United States within the State of Louisiana.

S. 57. A bill authorizing mail steamship service in the Gulf of Mexico, between the port of New Orleans, Louisiana, and certain ports of the republic of Mexico.

S. 58. A bill to prescribe the time for holding the election for electors of President and Vice-President in the State of Louisiana, and for other purposes.

Mr. Harlan asked, and by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed: 0013 13

S. 59. A bill authorizing the Secretary of the Treasury to settle and pay the accounts of Colonel James F. Jaques.

S. 60. A bill for the relief of Lucas, Dickinson, and other counties in the State of Iowa.

S. 61. A bill to authorize the President to appraise certain lands.

S. 62. A bill to provide for the sale of certain lands.

S. 63. A bill for the apportionment of Representatives to Congress among the several States, according to the ninth census.

S. 64. A bill to authorize the President of the United States to ascertain the value of certain lands in the State of Iowa, north of the Raccoon Fork of the Des Moines River, held by settlers under the preëmption and homestead laws of the United States, and subsequent to the settlement thereof, determined by the Supreme Court of the United States to be Des Moines River improvement lands.

S. 65. A bill to amend an act entitled “An act to authorize the construction of certain bridges, and to establish them as post roads,” approved July 25, 1866.

Mr. Wilson asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 66. A bill declaring the lands constituting the Fort Collins military reservation, in the Territory of Colorado, subject to preëmption and homestead entry, as provided for in existing laws.

S. 67. A bill for the relief of purchasers of lots and houses and lots sold by virtue of an act of Congress entitled “An act providing for the sale of the lands, tenements, and water privileges belonging to the United States at and near Harper's Ferry, in the county of Jefferson, West Virginia,” approved December 15, 1868.

S. 68. A bill providing for the sale of lands belonging to the United States, situated at Sag Harbor, Suffolk County, in the State of New York.

S. 69. A bill to authorize the Secretary of War to acquire the possessory rights of the occupants of certain lands adjoining the United States barracks at Barrancas, in the State of Florida.

S. 70. A bill for the relief of the First Battalion Heavy Artillery of Massachusetts Volunteers.

S. 71. A bill for the settlement of the claim of the State of Massachusetts for harbor defense.

S. 72. A bill to provide for the selection of cadets to the Military and Naval Academics.

S. 73. A bill to authorize the promulgation of the general regulations for the government of the Army.

Mr. Sherman asked and, by unanimous consent, obtained leave to bring in a bill (S. 74) relating to moneys paid into the courts of the United States; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Sherman asked and, by unanimous consent, obtained leave to bring in a bill (S. 75) to promote the construction of the Cincinnati Southern Railway; which was read, passed to a second reading, and ordered to be printed.

Mr. Morton asked and, by unanimous consent, obtained leave to bring in a joint resolution (S. 1) authorizing the appointment of a commissioner to an international congress on penitentiary and reformatory discipline; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

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Ordered, That it be engrossed and read a third time.

The said resolution was read the third time, by unanimous consent.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Blair, at 10 minutes before 1 o'clock p. m.,

The Senate adjourned.

THURSDAY, March 9, 1871. Link to Annals.

Mr. Cragin presented the petition of Carlton A. Uber, assistant engineer United States Navy, praying to be allowed the pay of a retired assistant engineer.

Ordered, That it lie on the table.

Mr. Harlan presented a letter of the Secretary of the Interior, addressed to the chairman of the Committee on Indian Affairs of the Senate, calling attention to the condition of the Black Bob band of Shawnee Indians in Kansas.

Ordered, That it lie on the table and be printed.

Mr. Wilson presented the petition of Mrs. Mary A. Ripley, praying compensation for services as a nurse in the Army during the late war.

Ordered, That it lie on the table.

Mr. Wilson presented the petition of John B. Wolf and Jacob Brown, praying compensation for horses taken for the use of the Army in Colorado in the year 1865.

Ordered, That it lie on the table.

Mr. Sumner presented a petition of members of the Universal Peace Union, praying the repeal of the “war clauses” of the Constitution of the United States.

Ordered, That it lie on the table.

Mr. Hamlin presented a petition of citizens of the District of Columbia, praying an amendment to the act to authorize the paving and sewerage of M street, Washington, requiring assessments to be made in the same manner authorized by the act to provide a government for the District of Columbia.

Ordered, That it lie on the table.

Mr. Caldwell presented a memorial of settlers on the Osage diminished reserve, in Kansas, praying the passage of a law granting them the right to enter and hold their lands in accordance with the legal subdivisions and survey thereof.

Ordered, That it lie on the table.

Mr. Sumner presented the petition of C. P. Sullivan, jr., of South Carolina, praying that action be taken for the suppression of outrages and acts of violence in the South; which was referred to the Select Committee to investigate alleged outrages in the Southern States.

Mr. Schurz presented the memorial of Lewis Weiser, praying the establishment of a Bureau of Industry in connection with the Department of the Interior.

Ordered, That it lie on the table.

Mr. Boreman presented the petition of D. D. Smithy praying compensation for the destruction of his property by United States troops in the year 1861.

Ordered, That it lie on the table.

Mr. Ferry, of Connecticut, presented papers in relation to the claim of John E. Wheeler for arrears of pay as an officer in the Army.

Ordered, That it lie on the table.

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Mr. Johnston presented a petition of members of the bar of Danville, Virginia, praying an amendment to the act to divide the State of Virginia into two judicial districts, so as to facilitate the transmission of papers to the new courts established under said act.

Ordered, That it lie on the table.

Mr. Sawyer presented the petition of Dr. S. S. Lockwood, praying compensation for a horse and wagon taken from him by an officer of the Army at Charleston, South Carolina, in 1865.

Ordered, That it lie on the table.

Mr. Caldwell presented the memorial of S. N. Wood, of Kansas, setting forth a series of outrages committed by Indians in Northwestern Texas, and praying the inauguration of a new policy with the Indians.

Ordered, That it lie on the table.

Mr. Pratt presented a petition of citizens of Indiana, praying that a pension be granted to Theodore S. Campant.

Ordered, That it lie on the table.

Mr. Scott presented the petition of Keturah Cole, praying the reissue to her of certain United States five-twenty bonds destroyed by mildew.

Ordered, That it lie on the table.

On motion by Mr. Harlan,

Ordered, That Bruquier and Goewey and the Northwestern Fur Company have leave to withdraw their petition and papers from the files of the Senate.

Mr. Sherman asked and, by unanimous consent, obtained leave to bring in a bill (S. 76) to facilitate commerce between the United States and China, Japan, and the countries of Asia; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Brownlow asked and, by unanimous consent, obtained leave to bring in a bill (S. 77) for the relief of Colonel George W. Kirk; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. West asked and, by unanimous consent, obtained leave to bring in a bill (S. 78) to authorize the President of the United States to reestablish the Monroe land district in the State of Louisiana; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Boreman asked and, by unanimous consent, obtained leave to bring in a bill (S. 79) for the relief of Dudley D. Smith, in his own right, and as administrator of Whitcomb Smith, deceased; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Harlan asked and, by unanimous consent, obtained leave to bring in a bill (S. 80) to ratify and carry into effect the constitution and form of government for the Indian Territory, adopted December 20, A. D. 1870, at Okmulgee, by the general council of said Territory, held by authority of the Government of the United States; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Stewart asked and, by unanimous consent, obtained leave to bring in a bill (S. 81) defining swamp and overflowed lands; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Blair asked and, by unanimous consent, obtained leave to bring in a bill (S. 82) for the relief of Tinsley, Van Horn & Co., Glenn, Overall & Clark, and J. N. Henderson & Co., of Louisiana, Missouri; which 0016 16 was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Casserly asked and, by unanimous consent, obtained leave to bring in a bill (S. 83) granting the right of way and lands in aid of the construction of a canal for irrigating and other purposes, in the county of El Dorado, and other counties in the State of California; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Wilson asked and, by unanimous consent, obtained leave to bring in a bill (S. 84) relative to a harbor of refuge and breakwater at the entrance of the Cape Cod Ship Canal; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Carpenter asked and, by unanimous consent, obtained leave to bring in a bill (S. 85) to further the administration of justice; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Morrill, of Vermont, asked and, by unanimous consent, obtained leave to bring in a bill (S. 86) relating to the resignation of judges of the courts of the United States; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Cragin asked and, by unanimous consent, obtained leave to bring in a bill (S. 87) for the relief of Carlton A. Uber; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Lewis asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

S. 88. A bill to amend an act entitled “An act to divide the State of Virginia into two judicial districts.”

S. 89. A bill to create a port of delivery at Potomac, Virginia, and for other purposes.

Mr. Ferry, of Connecticut, asked and, by unanimous consent, obtained leave to bring in a bill (S. 90) for the relief of John E. Wheeler; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Ferry, of Michigan, asked and, by unanimous consent, obtained leave to bring in a bill (S. 91) to provide for a building for United States courts, post office, pension, and internal revenue offices, at Grand Rapids, Michigan; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Pool asked and, by unanimous consent, obtained leave to bring in a bill (S. 92) to amend an act entitled “An act to remove the charge of desertion from certain soldiers of the Thirteenth Tennessee Cavalry,” approved April 10, 1869; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Scott asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 93. A bill granting the right of way for certain railroads in the Territory of Colorado.

S. 94. A bill for the relief of Miss Keturah Cole.

Mr. Pratt asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed: 0017 17

S. 95. A bill for the relief of Minerva Lewis, as administratrix of the estate of Ezekiel Lewis, deceased.

S. 96. A bill for the relief of Cowan and Dickinson, of Knoxville, Tennessee.

S. 97. A bill for the relief of William Henry Otis.

Mr. Pool asked and, by unanimous consent, obtained leave to bring in a bill (S. 98) for the relief of Lieutenant John Shelton; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Sumner asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 99. A bill supplementary to an act entitled “An act to protect all citizens of the United States in their civil rights, and to furnish the means for their vindication,” passed April 9, 1866.

S. 100. A bill to provide for the adjustment and satisfaction of claims of American citizens for spoliations committed by the French prior to the 31st day of July, 1801.

Mr. Hamlin asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 101. A bill to amend an act approved June 21, 1870, for the improvement of M. street, in the city of Washington.

S. 102. A bill to provide for the transportation of the mails between the United States and Europe, and for other purposes.

Mr. Buckingham asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 103. A bill for the relief of Henry N. Galpin, postmaster at Berlin, Connecticut.

S. 104. A bill for the relief of Joseph Lanman.

Mr. Logan asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 105. A bill for the relief of J. Milton Best.

S. 106. A bill to authorize the people of New Mexico to form a constitution and State government previous to their admission into the United States as a State, with the name of New Mexico, on an equal footing with the original States.

S. 107. A bill for the relief of George C. Bestor.

S. 108. A bill declaring the true construction of section 2 of the act of March 3, 1857, entitled “An act to settle certain accounts between the United States and the State of Mississippi, and for other purposes.”

Mr. Tipton asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 109. A bill extending the jurisdiction of the Commissioner of the General Land Office in cases of application for the cancellation of homestead entries.

S. 110. A bill to aid in the construction of a railroad from Brownsville and Lincoln, in the State of Nebraska, to Denver, Colorado Territory.

Mr. Nye asked and, by unanimous consent, obtained leave to bring in a bill (S. 111) to aid the Mediterranean and Oriental Steam Navigation Company, of New York, to establish an American line of iron steamships for opening direct trade between the United States and Southern 2* 0018 18 Europe, for carrying the mails of the United States, and for promoting immigration into the Southern States of the Union; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Nye asked and, by unanimous consent, obtained leave to bring in a bill (S. 112) incorporating branches of the Texas Pacific Railway Company under the name and style of the North Carolina Extension Railway Company; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

Mr. Kellogg asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 113. A bill to create Shreveport, in the State of Louisiana, a port of delivery.

S. 114. A bill to incorporate the Shreveport and Red River improvement Company.

S. 115. A bill reviving a grant of lauds heretofore made to the North Louisiana and Texas Railroad.

Mr. Corbett asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, and ordered to lie on the table and be printed:

S. 116. A bill concerning the compensation of the collector of customs for the district of Willamette, in the State of Oregon.

S. 117. A bill to provide for the segregation and survey of the swamp and overflowed lands in the State of Oregon, and to put the State in possession of the same.

S. 118. A bill to incorporate the Japan Steam Navigation Company.

Mr. Nye submitted the following resolution for consideration:

Resolved, That the Secretary of the Interior be, and he is hereby, requested to prepare and furnish to the Senate, at earliest convenience, his opinion of the expediency of providing for the appointment of a competent practical person who, from personal observation, &c., shall prepare a report relative to each of the land States and Territories, showing the general character of the topography of each, its climate, summer and winter temperatures, rain and snow falls, soil and products, grasses, timber, and prairie; the coal, iron, lead, copper and precious metals, workable area and development of same; the amount of Government and railroad lands for sale, and their prices; the general land market; the number of miles of railroad and navigable streams; the distance and cost of travel from the principal sea-ports to the capital of each State and Territory; the amount and kinds of manufactures and commerce; the school system and branches of education taught; the cost of fences and dwelling-houses of three, four, five, and six rooms for settlers; of breaking, clearing, and fencing new lands, and the cost of labor; the facilities for transporting the products to market, its cost, with the location, distance, and extent, of markets; and a compilation of the homestead, preëmption, and other laws relative to the acquirement of public lands, and other valuable facts, forming the whole into a complete hand-book for the information, guidance, and direction of emigrants from Europe who desire to settle on the public lands, as well as emigrants from the Eastern States, and for providing for the translation of this report into several of the languages of Europe, and of distributing it throughout our country and Europe for general information.

Mr. Kellogg submitted the following resolution; which was considered, by unanimous consent, and agreed to:

0019 19

Resolved, That the Rev. Dr. J. P. Newman be, and he is hereby, appointed Chaplain to the Senate for the Forty-second Congress.

Mr. Anthony asked and, by unanimous consent, obtained leave to bring in a bill (S. 119) to further regulate the publication of the specifications and drawings of the Patent Office; which was read the first and second times, by unanimous consent, and ordered to lie on the table and be printed.

On motion by Mr. Pomeroy, at 12 o'clock and 40 minutes p. m.,

The Senate adjourned.

FRIDAY, March 10, 1871. Link to Annals.

The Chief Clerk called the Senate to order, and read the following letter:

Vice-President's Chamber, Washington, March 10, 1871.

Sir: Please state to the Senate that I shall be absent from the city to-day.

Respectfully yours,

SCHUYLER COLFAX.

Hon. Geo. C. Gorham, Secretary United States Senate.

Mr. Sumner submitted the following resolution; which was considered, by unanimous consent, and unanimously agreed to:

Resolved, That in the absence of the Vice-President the honorable Henry B. Anthony be, and he is hereby, chosen President of the Senate pro tempore.

Whereupon,

Mr. Anthony took the chair.

On motion by Mr. Sumner,

Ordered, That the Secretary inform the President of the United States that in the absence of the Vice-President the Senate has chosen the honorable Mr. Anthony, a Senator from the State of Rhode Island, President of the Senate pro tempore; and that he make a similar communication to the House of Representatives.

On motion by Mr. Spencer that when the Senate adjourns, it be to Monday next,

It was determined in the negative,

Yeas 28

Nays 28

On motion by Mr. Conkling,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Buckingham, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Fenton, Ferry of Connecticut, Hamilton, Hill, Hitchcock, Kelly, Logan, Pratt, Robertson, Saulsbury, Schurz, Spencer, Sprague, Stevenson, Stockton, Sumner, Thurman, Tipton, Trumbull, Vickers, Wilson.

Those who voted in the negative are,

Messrs. Ames, Anthony, Boreman, Caldwell, Chandler, Cole, Conkling, Corbett, Cragin, Edmunds, Ferry of Michigan, Flanagan, Frelinghuysen, Gilbert, Hamlin, Harlan, Howe, Kellogg, Morrill of Maine, Morrill of Vermont, Morton, Pomeroy, Ramsey, Scott, Sherman, Stewart, West, Wright.

So the motion was not agreed to.

0020 20

Mr. Howe submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the thirty-fifth rule of the Senate be suspended for the purpose of electing the committees of the Senate for the present session by resolution.

Whereupon,

Mr. Howe submitted the following resolution for consideration:

Resolved, That the following be the standing and select committees of the Senate during the present session:

On Privileges and Elections. —Mr. Sumner, chairman; Mr. Stewart, Mr. Morton, Mr. Rice, Mr. Hamlin, Mr. Hill, and Mr. Thurman.

On Foreign Relations. —Mr. Cameron, chairman; Mr. Harlan, Mr. Morton Mr. Patterson, Mr. Schurz, Mr. Hamlin, and Mr. Casserly.

On Finance. —Mr. Sherman, chairman; Mr. Morrill of Vermont, Mr. Fenton, Mr. Scott, Mr. Ames, Mr. Wright, and Mr. Bayard.

On Appropriations. —Mr. Cole, chairman; Mr. Sprague, Mr. Sawyer, Mr. Edmunds, Mr. Windom, Mr. West, and Mr. Stevenson.

On Commerce. —Mr. Chandler, chairman; Mr. Corbett, Mr. Kellogg, Mr. Spencer, Mr. Buckingham, Mr. Conkling, and Mr. Vickers.

On Manufactures. —Mr. Hamlin, chairman; Mr. Robertson, Mr. Boreman, Mr. Gilbert, and Mr. Blair.

On Agriculture. —Mr. Morton, chairman; Mr. Cameron, Mr. Robertson Mr. Tipton and Mr. Davis of West Virginia.

On Military Affairs. —Mr. Wilson, chairman; Mr. Cameron, Mr. Morton, Mr. Ames, Mr. Logan, Mr. West, and Mr. Blair.

On Naval Affairs. —Mr. Cragin, chairman; Mr. Anthony, Mr. Nye, Mr. Osborn, Mr. Caldwell, Mr. Ferry of Michigan, and Mr. Stockton.

On the Judiciary. —Mr. Trumbull, chairman; Mr. Edmunds, Mr. Conkling, Mr. Carpenter, Mr. Frelinghuysen, Mr. Pool, and Mr. Thurman.

On Post Offices and Post Roads. —Mr. Ramsey, chairman; Mr. Pomeroy, Mr. Gilbert, Mr. Cole, Mr. Flanagan, Mr. Ferry of Michigan, and Mr. Kelly.

On Public Lands. —Mr. Pomeroy, chairman; Mr. Tipton, Mr. Osborn, Mr. Sprague, Mr. Windom, Mr. Logan, and Mr. Casserly.

On Private Land Claims. —Mr. Davis of Kentucky, chairman; Mr. Ferry of Connecticut, Mr. Sawyer, Mr. Bayard, and Mr. Cooper.

On Indian Affairs. —Mr. Harlan, chairman; Mr. Corbett, Mr. Buckingham, Mr. Stewart, Mr. Frelinghuysen, Mr. Hill, and Mr Davis of Kentucky.

On Pensions. —Mr. Edmunds, chairman; Mr. Tipton, Mr. Pratt, Mr. Brownlow, Mr. Ferry of Michigan, Mr. West, and Mr. Saulsbury.

On Revolutionary Claims. —Mr. Pool, chairman; Mr. Brownlow, Mr. Corbett, Mr. Cragin, and Mr. Davis of West Virginia.

On Claims. —Mr. Howe, chairman; Mr. Scott, Mr. Sprague, Mr. Pratt, Mr. Boreman, Mr. Wright, and Mr. Davis of West Virginia.

On the District of Columbia. —Mr. Patterson, chairman; Mr. Sumner, Mr. Lewis, Mr. Spencer, Mr. Caldwell, Mr. Hitchcock, and Mr. Vickers.

On Patents. —Mr. Ferry of Connecticut, chairman; Mr. Carpenter, Mr. Morrill of Maine, Mr. Windom, and Mr. Hamilton.

On Public Buildings and Grounds. —Mr. Morrill of Vermont, chairman; Mr. Trumbull, Mr. Cole, Mr. Stockton, and Mr. Hamilton.

On Territories. —Mr. Nye, chairman; Mr. Cragin, Mr. Schurz, Mr. Boreman, Mr. Hill, Mr. Hitchcock, and Mr. Cooper.

On the Pacific Railroad. —Mr. Stewart, chairman; Mr. Ramsey, Mr. 0021 21 Wilson, Mr. Harlan, Mr. Rice, Mr. Fenton, Mr. Scott, Mr. Kellogg, Mr Hitchcock, Mr. Blair, and Mr. Kelly.

On Mines and Mining. —Mr. Rice, chairman; Mr. Chandler, Mr. Flanagan, Mr. Lewis, Mr. Logan, Mr. Caldwell, and Mr. Saulsbury.

On the Revision of the Laws of the United States. —Mr. Conkling, chairman; Mr. Carpenter, Mr. Pool, Mr. Pratt, and Mr. Hamilton.

On Education and Labor. —Mr. Sawyer, chairman; Mr. Morrill of Vermont, Mr. Flanagan, Mr. Patterson, and Mr. Blair.

To Audit and Control the Contingent Expenses of the Senate. —Mr. Fenton, chairman; Mr. Windom and Mr. Saulsbury.

On Printing. —Mr. Anthony, chairman; Mr. Howe and Mr. Casserly.

On the Library. —Mr. Morrill of Maine, chairman; Mr. Howe and Mr. Sherman.

On Engrossed Bills. —Mr. Buckingham, chairman; Mr. Ames and Mr. Davis of West Virginia.

On Enrolled Bills. —Mr. Carpenter, chairman; Mr. Lewis and Mr. Kelly.

Select Committee on the Revision of the Rules. —Mr. Pomeroy, chairman; Mr. Edmunds and Mr. Bayard.

Select Committee on the Removal of Political Disabilities. —Mr. Robertson, chairman; Mr. Boreman, Mr. Ames, Mr. Gilbert, Mr. Vickers, and Mr. Stevenson.

Select Committee on the Levees of the Mississippi River. —Mr. Kellogg, chairman; Mr. Trumbull, Mr. Schurz, Mr. Spencer, and Mr. Blair.

Select Committee to investigate alleged outrages in the Southern States. —Mr. Scott, chairman; Mr. Wilson, Mr. Chandler, Mr. Rice, Mr. Nye, Mr. Bayard, and Mr. Blair.

The Senate proceeded, by unanimous consent, to consider the said resolution.

On motion by Mr. Sumner to amend the resolution by striking out his name as a member of the Committee on Privileges and Elections, it was determined in the affirmative.

On motion by Mr. Schurz to postpone the further consideration of the resolution to to-morrow, it was determined in the negative.

On the question to agree to the resolution,

After debate,

On motion by Mr. Wilson to postpone the further consideration of the resolution to to-morrow,

After further debate,

On motion by Mr. Tipton that the Senate adjourn,

It was determined in the negative,

Yeas 28

Nays 28

On motion by Mr. Edmunds,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Blair, Bayard, Buckingham, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Fenton, Ferry of Connecticut, Ferry of Michigan, Hitchcock, Kellogg, Kelly, Logan, Pratt, Robertson, Saulsbury, Schurz, Spencer, Sprague, Stevenson, Stockton, Sumner, Thurman, Tipton, Trumbull, Vickers, Wilson.

Those who voted in the negative are,

Messrs. Ames, Boreman, Brownlow, Caldwell, Chandler, Cole, Conkling, Corbett, Cragin, Edmunds, Flanagan, Frelinghuysen, Hamlin, Harlan, Howe, Lewis, Morrill of Vermont, Morton, Osborn, Pomeroy, Pool, Ramsey, Sawyer, Scott, Sherman, Stewart, West, Wright.

So the motion was not agreed to; and

0022 22

After further debate,

The question recurring on the motion of Mr. Wilson to postpone the further consideration of the resolution to to-morrow,

It was determined in the negative,

Yeas 16

Nays 32

On motion by Mr. Edmunds,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Buckingham, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Kelly, Schurz, Sprague, Stevenson, Stockton, Thurman, Tipton, Vickers, Wilson.

Those who voted in the negative are,

Messrs. Ames, Boreman, Brownlow, Caldwell, Chandler, Cole, Conkling, Corbett, Cragin, Edmunds, Fenton, Ferry of Michigan, Flanagan, Frelinghuysen, Hamlin, Harlan, Hitchcock, Howe, Lewis, Morrill of Vermont, Morton, Nye, Osborn, Pomeroy, Pool, Ramsey, Sawyer, Scott, Sherman, Stewart, West, Wright.

So the motion to postpone the further consideration of the resolution was not agreed to; and

On the question to agree to the resolution as amended,

It was determined in the affirmative,

Yeas 33

Nays 9

On motion by Mr. Edmunds,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Caldwell, Chandler, Cole, Conkling, Corbett. Edmunds, Fenton, Ferry of Michigan, Flanagan, Frelinghuysen, Hamlin, Harlan, Hitchcock, Howe, Lewis. Morrill of Vermont, Morton, Nye, Osborn, Pomeroy, Pool, Ramsey, Robertson, Sawyer, Scott, Sherman, Stewart, West, Wright.

Those who voted in the negative are,

Messrs. Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Kelly, Stevenson, Thurman, Vickers.

So the resolution as amended was agreed to.

On motion by Mr. Edmunds,

Ordered, That when the Senate adjourns, it be to Monday next.

The President pro tempore laid before the Senate a resolution of the legislature of Kentucky in favor of the removal of the political disabilities of all persons engaged in the late civil war.

Ordered, That it lie on the table and be printed.

A message from the House of Representatives, by Mr. McPherson, its Clerk, as follows:

Mr. President: The House of Representatives has passed the joint resolution of the Senate (S. 1) authorizing the appointment of a commissioner to an international congress on penitentiary and reformatory discipline; and

It has passed the following bills and joint resolutions, in which it requests the concurrence of the Senate:

H. R. 4. An act to remove the political disabilities of John H. Halley, of Jasper County, Illinois.

H. R. 19. An act making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes.

H. R. 3. A joint resolution construing the act of July 14, 1870, entitled “An act to reduce internal taxes, and for other purposes,” so as to provide for the admission of animals especially imported for breeding purposes free of duty from the Dominion of Canada.

0023 23

Mr. Scott, from the Select Committee appointed to investigate alleged outrages in the Southern States, submitted a report (No. 1) thereon, accompanied by the testimony taken by the committee in reference to outrages committed in the State of North Carolina.

Ordered, That the report and the accompanying testimony be printed.

Mr. Bayard asked and obtained leave of the Senate to submit the views of a minority of the Select Committee to investigate alleged outrages in the Southern States.

Ordered, That they be printed in connection with the report of the committee.

On motion by Mr. Morton,

The Senate proceeded to the consideration of executive business; and after the consideration of executive business, the doors were opened, and

The Senate adjourned.

MONDAY, March 13, 1871. Link to Annals.

The Vice-President resumed the chair.

The bills and joint resolution last received from the House, of Representatives for concurrence were severally read the first and second times, by unanimous consent.

Ordered, That the bill H. R. 4 be referred to the Select Committee on the Removal of Political Disabilities; that the bill H. R. 19 be referred to the Committee on Appropriations, and that the joint resolution H. R. 3 be referred to the Committee on Finance.

The Vice-President laid before the Senate a letter of the Secretary of the Interior, communicating information in relation to the unadjusted claims of the State of Florida, arising from the several Indian wars in that State; which was referred to the Committee on indian Affairs and ordered to be printed.

Mr. Pomeroy presented a letter of the Commissioner of the General Land Office, addressed to Hon. J. F. Chaves, communicating a copy of the instructions issued to the surveyor general of New Mexico, August 21, 1854.

Ordered, That it lie on the table and be printed.

Mr. Scott presented the petition of John Randolph, administrator of the estate of Sarah A. R. Lord, widow of William A. Lord, deceased, praying the passage of a law removing the limitation for the prosecution of certain claims for the illegal seizure and sale of cotton by United States troops, and authorizing the prosecution of said claim in the Court of Claims; which was referred to the Committee on the Judiciary.

Mr. Conkling presented a petition of soldiers in the late war, praying the passage of the bill now before Congress granting to each honorably discharged soldier one hundred and sixty acres of the public lands; which was referred to the Committee on Public Lands.

Mr. Wright presented the petition of T. H. Carpenter, praying to be placed upon the retired list of the Army; which was referred to the Committee on Military Affairs.

Mr. Morrill, of Maine, presented a petition of citizens of Maine, praying the passage of the bill now before Congress to secure cheap transportation of breadstuffs from the West to the sea-board at uniform rates throughout the year; which was referred to the Committee on Post Offices and Post Roads.

Mr. Pomeroy presented a petition of citizens of Kansas, praying a grant of lands to the Republican, Saline and Arkansas Valley Railway; which was referred to the Committee on Public Lands.

0024 24

Mr. Cole presented the petition of Green & Trainor, praying compensation for supplies furnished the Army at Camp Union, California, in 1865; which was referred to the Committee on Claims.

Mr. Fenton presented the petition of Shelby Reed, praying the adoption of measures for the preservation of the timber on the public lands of the United States; which was referred to the Committee on Public Lands.

Mr. Fenton presented the petition of John G. Wicks, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Fenton presented the petition of Bernard Hess, praying the reimbursement of certain moneys expended on public account while an officer in the Internal Revenue Department; which was referred to the Committee on the Judiciary.

Mr. Fenton presented a memorial of citizens of Jefferson County, Yew York, remonstrating against the removal of Dr. Stillman Spooner from the office of examining pension surgeon: which was referred to the Committee on the District of Columbia.

Mr. Casserly presented the petition of W. S. McLean and others, praying the confirmation of their title to certain lands in the rancho San Pablo, in said State; which was referred to the Committee on Public Lands.

Mr. Cooper presented the petition of Walter C. Dorsett, praying compensation for depredations committed by French cruisers prior to the year 1800; which was referred to the Committee on Foreign Relations.

Mr. Kellogg presented a letter of the Chief of Engineers of the Army, in relation to the levee system on the Mississippi River; which was referred to the Select Committee on the Levees of the Mississippi River.

Mr. Ferry, of Michigan, presented resolutions of the legislature of the State of Michigan, as follows:

A resolution in favor of a grant of lands to aid in the construction of a railroad from the Straits of Mackinaw, via Marquette and the head of Keweenaw Bay, to the Montreal River.

Ordered, That it lie on the table and be printed.

A resolution in favor of an appropriation for the erection of a lighthouse at the mouth of Little Traverse Bay;

A resolution in favor of an appropriation for the construction of a breakwater at Mackinaw City; which were referred to the Committee on Commerce and ordered to be printed; and

A resolution in favor of the extension of the operation of the extradition treaty between the United States and Great Britain; which was referred to the Committee on Foreign Relations and ordered to be printed.

Mr. Spencer presented the memorial of the general assembly of Alabama, in favor of the confirmation of the land grant of the Alabama and Tennessee Railroad Company to the Selma, Rome and Dalton Railroad Company; which was referred to the Committee on Public Lands.

Mr. Scott presented a resolution of the legislature of Pennsylvania against further grants of lands to railroad and other corporations; which was referred to the Committee on Public Lands and ordered to be printed.

Mr. Schurz presented the petition of James Saunders, praying that privileges may be extended alike to all citizens of the United States in relation to the public lands; which was referred to the Committee on Public Lands.

0025 25

Mr. Pool presented the petition of Riddick Gattling and the petition of T. D. Bryson, of North Carolina, praying the removal of their political disabilities; which were referred to the Select Committee on the Removal of Political Disabilities.

Mr. Howe presented the petition of Margaret B. Franks, praying compensation for property taken for the use of American troops at Green Bay, Wisconsin, in 1816; which was referred to the Committee on Claims.

Mr. Pratt presented papers in relation to the claim of Julius Frank, for sutler's supplies seized by order of General Thomas, in 1864; which were referred to the Committee on Claims.

Mr. Howe presented the petition of S. P. Gilbert, praying that some action be taken to prohibit the enactment of laws by the several States restricting the sale of patents; which was referred to the Committee on Patents.

Mr. Howe presented the memorial of the legislature of Wisconsin, in favor of the renewal of the grant of lands to aid in the construction of a railroad from St. Croix River or Lake to the west end of Lake Superior and Bayfield; which was referred to the Committee on Public Lands.

Mr. Kellogg presented a memorial of citizens of Louisiana, remonstrating against taxation for the benefit of sectarian and religious institutions; which was referred to the Committee on Finance.

Mr. Pomeroy presented the petition of W. C. Cameron, and others, praying the passage of an act incorporating the Soldiers' National Homestead Company which was referred to the Committee on the Judiciary.

Mr. Ames presented a telegraphic letter from H. W. Warren, in relation to the recent riot at Meridian, Mississippi; which was referred to the Select Committee to investigate alleged outrages in the Southern States.

Mr. Davis, of Kentucky, presented additional papers in relation to the claim of Joaquina Sierra; which, with her petition and papers on the files of the Senate, were referred to the Committee on Claims.

Mr. Blair presented a petition of citizens of Louisiana, Missouri, praying the remission of certain taxes on tobacco paid by them to United States officers; which was referred to the Committee on Finance.

On motion by Mr. Scott,

Ordered, That the papers in relation to the claim of Frederick P. Dimpfel, on the files of the Senate, be referred to the Committee on Patents.

Mr. Davis, of Kentucky, presented the petition of Thomas W. Redd, praying compensation for property taken and destroyed by United States troops in 1864; which was referred to the Committee on Claims.

Mr. Blair presented the petition of William Alcorn, praying compensation for damages committed upon his property at Jefferson City, Missouri, during the late war; which was referred to the Committee on Claims.

On motion by Mr. Pomeroy,

Ordered, That W. Willey have leave to withdraw his petition and papers from the files of the Senate.

On motion by Mr. Boreman,

Ordered, That R. B. Williamson have leave to withdraw his petition and papers from the files of the Senate.

On motion by Mr. Ramsey,

Ordered, That the papers in relation to the claim of the United States 0026 26 Express Company for loss of Government bonds, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Frelinghuysen,

Ordered, That the papers in relation to the claim of William Pierpont, on the files of the Senate, be referred to the Committee on Patents.

On motion by Mr. Hill,

Ordered, That J. N. B. Cobb have leave to withdraw his petition and papers from the files of the Senate.

Mr. Davis, of Kentucky, presented the petition of John J. Anderson and John W. White, praying compensation for cotton used for fortification purposes in the city of Nashville, in 1862; which was referred to the Committee on Claims.

On motion by Mr. Davis, of Kentucky,

Ordered, That the petition and papers of Leonidas Russell and Martha L. Russell, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Stewart,

Ordered, That the papers in relation to the claim of Jordan & McPike, on the files of the Senate, be referred to the Committee on Claims.

Mr. Anthony presented additional papers in relation to the claim of Ethan Ray Clarke and Sam Ward Clarke; which, together with their papers, on the files of the Senate were referred to the Committee on Private Land Claims.

Mr. Harlan presented the memorial of William McGarrahan, praying that a patent may be issued to him for the tract of land known as the Panoche Grande Rancho; which was referred to the Committee on Public Lands, and ordered to be printed.

On motion by Mr. Hamlin,

Ordered, That the petition and papers of Harriet Spring and Sarah L. Spring be referred to the Committee on Revolutionary Claims.

Mr. Boreman presented the petition of A. Werninger, praying compensation for the use of property, by United States troops during the late war; which was referred to the Committee on Claims.

On motion by Mr. Bayard,

Ordered, That the petition and papers of J. M. Ellison, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Davis, of Kentucky,

Ordered, That the petition and papers of Dr. J. Milton Best, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Howe,

Ordered, That the petition and papers of G. A. Henderson, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Fenton,

Ordered, That the petition and papers of Horace L. Emory, on the files of the Senate, be referred to the Committee on Patents.

On motion by Mr. Fenton,

Ordered, That the petition and papers of Harmon E. Wentworth, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Buckingham,

Ordered, That the petition and papers of Fanny Kelly, on the files of the Senate, be referred to the Committee on Indian Affairs.

On motion by Mr. Buckingham,

Ordered, That the petition and papers of Joseph Lanman, on the files of the senate, be referred to the Committee on Naval Affairs.

0027 27

On motion by Mr. Buckingham,

Ordered, That the papers relating to a building for the use of the post office at Hartford, Connecticut, on the files of the Senate, be referred to the Committee on Public Buildings and Grounds.

On motion by Mr. Wilson,

Ordered, That the petition and papers of Catharine Barry, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Fenton,

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 2) to regulate the service in the collection of customs at the various ports of entry in the United States, and the disposition of fines, penalties, and forfeitures incurred under the laws relating to customs, and for other purposes; and

After debate,

Ordered, That it be referred to the Committee on Finance.

Mr. Pomeroy submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the Secretary of the Navy be directed to communicate to the Senate such proposals (if any) as may have been made to him for establishing iron ship-building yards and docks, to economize expenditures in the Navy, and to aid in restoring commerce, With such explanations, suggestions, and recommendations as he may deem advantageous to the Government in connection with that subject.

Mr. Conkling presented the petition of Sarah Sarvant, praying to be allowed arrears of pensions; which was referred to the Committee on Pensions.

Mr. Vickers presented the petition of Jane H. J. Greenfield, praying compensation for spoliations committed by French cruisers prior to the year 1800; which was referred to the Committee on Foreign Relations.

On motion by Mr. Pomeroy,

Ordered, That the petition of citizens of Indiana, praying that a pension be allowed to Theodore S. Campant, and papers relating to the claim of Phœbe Sofield, be referred to the Committee on Pensions; that the petition of Mary A. Ripley, the petition of Anna Ella Carroll, the petition of Dr. S. S. Lockwood, the petition of D. D. Smith, the petition of John B. Wolf and Jacob H. Brown, and the petition of David Kleinman, be referred to the Committee on Claims; that the petition of members of the bar of Danville, Virginia, and the petition of members of the Universal Peace Union, be referred to the Committee on the Judiciary; that the petition of residents on the Osage Trust Lands in Kansas, and the memorial of settlers on the Osage diminished reserve in Kansas, be referred to the Committee on Public Lands; that the petition of Carlton A. Uber be referred to the Committee on Naval Affairs; that the petition of citizens of the District of Columbia, praying an amendment to the law authorizing the paving and sewerage of M street, Washington, be referred to the Committee on the District of Columbia; that the petition of S. N. Wood be referred to the Committee on Indian Affairs; that the petition of Jane H. Greenfield be referred to the Committee on Foreign Relations; that the petition of Keturah Cole be referred to the Committee on Claims; that the memorial of Lewis Wieser be referred to the Committee on Patents; and that the papers in relation to the claim of John E. Wheeler be referred to the Committee on Military Affairs.

On motion by Mr. Anthony,

Ordered, That the petition and papers of George N. Thomas, on the files of the Senate, be referred to the Committee on Pensions.

0028 28

On motion by Mr. Cameron,

Ordered, That all papers relating to the transportation of animals on railroads, on the files of the Senate, be referred to the Committee on Agriculture.

On motion by Mr. Hamlin,

Ordered, That the petition and papers of John B. Emerson, on the files of the Senate, be referred to the Committee on Patents.

Mr. Sawyer asked and, by unanimous consent, obtained leave to bring in a bill (S. 120) to extend the jurisdiction of the Court of Claims; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Nye asked and, by unanimous consent, obtained leave to bring in a bill (S. 121) to incorporate the Colorado and New Mexico Railway Company; which was read the first and second times, by unanimous consent, referred to the Committee on the Pacific Railroad, and ordered to be printed.

Mr. Stewart asked and, by unanimous consent, obtained leave to bring in a bill (S. 122) to define and protect the rights of miners and to encourage the development of mines; which was read the first and second times, by unanimous consent, referred to the Committee on Mines and Mining, and ordered to be printed.

Mr. Cooper asked and, by unanimous consent, obtained leave to bring in a bill (S. 123) for the relief of Ethan A. Sawyer; which was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Stevenson asked and, by unanimous consent, obtained leave to bring in a bill (S. 124) to establish the eastern judicial district of Kentucky; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Tipton asked and, by unanimous consent, obtained leave to bring in a bill (S. 125) to aid in the construction of a railroad from a point on the Union Pacific Railroad at or near Church Battle Station, in the Territory of Wyoming, to the head waters of Smith's Fork in the Uinta Mountains; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Fenton asked and, by unanimous consent, obtained leave to bring in a bill (S. 126) relating to telegraphic communication between the United States and foreign countries; which was read the first and second times, by unanimous consent, referred to the Committee on Foreign Relations, and ordered to be printed.

Mr. Conkling asked and, by unanimous consent, obtained leave to bring in a bill (S. 127) to amend the act entitled “An act to establish a uniform system of bankruptcy throughout the United States; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Vickers asked and, by unanimous consent, obtained leave to bring in a bill (S. 128) to amend an act entitled “An act to authorize protection to be given to citizens of the United States who may discover deposits of guano,” approved August 18, 1856; which was read the first and second times, by unanimous consent, referred to the Committee on Commerce, and ordered to be printed.

Mr. Ames asked and, by unanimous consent, obtained leave to bring in a bill (S. 129) for the relief of A. Burwell, of Vicksburg, Mississippi; which was read the first and second times, by unanimous consent, referred to the Committee on Claims, and ordered to be printed.

0029 29

Mr. Morrill, of Maine, asked and, by unanimous consent, obtained leave to bring in a bill (S. 130) to reestablish the office of surveyor at Eastport, Maine; which was read the first and second times, by unanimous consent, referred to the Committee on Commerce, and ordered to be printed.

Mr. Blair asked and, by unanimous consent, obtained leave to bring in a bill (S. 131) to confer jurisdiction on the Court of Claims to hear and determine the suit of Carondelet vs. The United States; which was read the first and second times, by unanimous consent, referred to the Committee on Private Land Claims, and ordered to be printed.

Mr. Harlan asked and, by unanimous consent, obtained leave to bring in a bill (S. 132) to amend an act entitled “An act for a grant of lands to the State of Iowa, in alternate sections, to aid in the construction of a railroad in said State,” approved May 12, 1864, and to grant lands to aid in the construction of a railroad from O'Brien County, Iowa, to the Missouri River; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Wright asked and, by unanimous consent, obtained leave to bring in a bill (S. 133.) to restore the name of Captain Thomas H. Carpenter to the United States Army; which was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Nye asked and, by unanimous consent, obtained leave to bring in a bill (S. 134) for the relief of certain contractors for the construction of vessels of war and steam machinery; which was read the first and second times, by unanimous consent, referred to the Committee on Naval Affairs, and ordered to be printed.

Mr. Buckingham asked and, by unanimous consent, obtained leave to bring in a bill (S. 135) for the relief of members of the Shawnee tribe of indians; which was read the first and second times, by unanimous consent, referred to the Committee on Indian Affairs, and ordered to be printed.

Mr. Spencer asked and, by unanimous consent, obtained leave to bring in a bill (S. 136) relating to certain lands in the State of Alabama; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Morrill, of Vermont, asked and, by unanimous consent, obtained leave to bring in a bill (S. 137) to authorize the payment of duplicate checks of disbursing officers; which was read the first and second times, by unanimous consent, referred to the Committee on Finance, and ordered to be printed.

Mr. Hamlin asked and, by unanimous consent, obtained leave to bring in a bill (S. 138) for the relief of John B. Emerson; which was read the first and second times, by unanimous consent, referred to the Committee on Patents, and ordered to be printed.

Mr. Pomeroy asked and, by unanimous consent, obtained leave to bring in a bill (S. 139) in relation to the absentee Shawnee lands in Kansas; which was read the first and second times, by unanimous consent, referred to the Committee on Indian Affairs, and ordered to be printed.

Mr. Fenton asked and, by unanimous consent, obtained leave to bring in a bill (S. 140) in favor of William Welch, United States Navy; which was read the first and second times, by unanimous consent, referred to the Committee on Naval Affairs, and ordered to be printed.

Mr. Boreman asked and, by unanimous consent, obtained leave to 0030 30 bring in a bill (S. 141) for the relief of A. Werninger, sr.; which was read the first and second times, by unanimous consent, referred to the Committee on Claims, and ordered to be printed.

Mr. Boreman asked and, by unanimous consent, obtained leave to bring in a bill (S. 142) to relieve Charles J. Faulkner, of West Virginia, from the legal and political disabilities imposed by the fourteenth amendment of the Constitution of the United States; which was read the first and second times, by unanimous consent, referred to the Committee on the Removal of Political Disabilities, and ordered to be printed.

Mr. Cole asked and, by unanimous consent, obtained leave to bring in a bill (S. 143) to aid in the construction of a railroad from Wilmington, in the State of California, to Wickenberg, in the Territory of Arizona; which was read the first and second times, by unanimous consent, referred to the Committee on the Pacific Railroad, and ordered to be printed.

Mr. Cole asked and, by unanimous consent, obtained leave to bring in a bill (S. 144) to create the southern judicial district of California; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Wilson asked and, by unanimous consent, obtained leave to bring in a bill (S. 145) for the relief of the former occupants of the military reservation at Point San José, in the city and county of San Francisco, and for other purposes; which was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Wilson asked and, by unanimous consent, obtained leave to bring in a bill (S. 146) to aid in establishing and supporting public schools in the States lately in rebellion; which was read the first and second times, by unanimous consent, referred to the Committee on Education and Labor, and ordered to be printed.

Mr. Wilson asked and, by unanimous consent, obtained leave to bring in a bill (S. 147) relating to the Port Craig military reservation; which was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Pool asked and, by unanimous consent, obtained leave to bring in the following bills:

S. 148. A bill for the relief of Reddick Gotting, of Gates County, North Carolina;

S. 149. A bill for the relief of Thad. D. Bryson, of Jackson County, North Carolina; and

S. 150. A bill for the relief of Wm. H. Battle, of Raleigh, North Carolina;

which were severally read the first and second times, by unanimous consent, referred to the Committee on the Removal of Political Disabilities, and ordered to be printed.

Mr. Howe asked and, by unanimous consent, obtained leave to bring in a bill (S. 151) granting lands to the State of Wisconsin to aid in the construction of a railroad from Milwaukee to Lake Superior, via Green Bay, Wisconsin; which was read the first and second times, referred to Committee on Public Lands, and ordered to be printed.

Mr. Howe asked and, by unanimous consent, obtained leave to bring in a bill (S. 152) granting lands to the State of Wisconsin to aid in the construction of a breakwater and harbor and ship-canal at the head of Sturgeon Bay, in the county of Door, in said State, to connect the waters of Green Bay with Lake Michigan, in said State; which was 0031 31 read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Howe asked and, by unanimous consent, obtained leave to bring in a bill (S. 153) to give construction to the acts of Congress granting lands to the State of Wisconsin to aid in building railroads; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Howe asked and, by unanimous consent, obtained leave to bring in a bill (S. 154) extending the time to construct a railroad from the Saint Croix River or Lake to the west end of Lake Superior, and to Bayfield; which was read the first and second times, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Howe asked and, by unanimous consent, obtained leave to bring in a bill (S. 155) granting lands to the State of Wisconsin, to aid in the construction of the Green Bay and Lake Pepin Railway; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Scott asked and, by unanimous consent, obtained leave to bring in a bill (S. 156) for the relief of Frederick P. Dimpfel; which was read the first and second times, by unanimous consent, referred to the Committee on Patents, and ordered to be printed.

Mr. Scott asked and, by unanimous consent, obtained leave to bring in a bill (S. 157) for the relief of Robert Brigham, late postmaster at Franklin, Pennsylvania; which was read the first and second times, by unanimous consent, referred to the Committee on Post Offices and Post Roads, and ordered to be printed.

Mr. Scott asked and, by unanimous consent, obtained leave to bring in a bill (S. 158) authorizing the administrator of Sarah A. R. Lord, deceased, to bring suit in the Court of Claims; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Pratt asked and, by unanimous consent, obtained leave to bring in the following bills:

S. 159. A bill conferring upon the Court of Claims power to hear and determine the claim of J. W. Parish & Co., for damages for the alleged violation of their contract with the United States for the delivery of ice;

S. 160. A bill relative to claims of certain Northern creditors;

S. 161. A bill for the relief of those suffering from the destruction of the saltworks near Manchester, Kentucky, pursuant to the orders of Major General Carlos Buell;

S. 162. A bill to refund certain moneys now standing to the credit of the Navy pension fund;

S. 163. A bill for the relief of Mrs. Martha L. House Russell;

S. 165. A bill for the relief of Jonathan E. Pettit;

which were severally read the first and second times, by unanimous consent, referred to the Committee on Claims, and ordered to be printed.

Mr. Pratt asked and, by unanimous consent, obtained leave to bring in a bill (S. 164) for the relief of certain Indians residing in Michigan and Indiana; which was read the first and second times, by unanimous consent, referred to the Committee on Indian Affairs, and ordered to be printed.

Mr. Pratt asked and, by unanimous consent, obtained leave to bring in a bill (S. 166) for the relief of David Braden; which was read the first and second times, by unanimous consent, referred to the Committee on Claims, and ordered to be printed.

Mr. Kellogg asked and, by unanimous consent, obtained leave to bring 0032 32 in a bill (S. 167) to amend an act to incorporate the Texas Pacific Railroad Company, and to aid in the construction of its road, and for other purposes, approved March 3, 1871; which was read the first and second times, by unanimous consent, referred to the Committee on the Pacific Railroad, and ordered to be printed.

Mr. Kellogg asked and, by unanimous consent, obtained leave to bring in a bill (S. 168) to secure a uniform and permanent system of levees for the reclamation and protection of the alluvial lands of the Mississippi Valley from overflow; which was read the first and second times, by unanimous consent, referred to the Select Committee on the Levees of the Mississippi River, and ordered to be printed.

Mr. Kellogg asked and, by unanimous consent, obtained leave to bring in a bill (S. 169) to amend an act passed March 2, 1831, entitled “An act allowing the duties on foreign merchandise imported into Wheeling, Vicksburg, Cincinnati, Louisville, St. Louis, Nashville, and Natchez, to be secured and paid at those places;” which was read the first and second times, by unanimous consent, referred to the Committee on Commerce, and ordered to be printed.

Mr. Kellogg asked and, by unanimous consent, obtained leave to bring in a bill (S. 170) relative to claims of certain Northern creditors; which was read the first and second times, by unanimous consent, referred to the Committee on Claims, and ordered to be printed.

Mr. Cragin asked and, by unanimous consent, obtained leave to bring in a bill (S. 171) for the relief of Paymaster George F. Cutler; which was read the first and second times, by unanimous consent, referred to the Committee on Naval Affairs, and ordered to be printed.

Mr. Cragin asked and, by unanimous consent, obtained leave to bring in a bill (S. 172) for the payment of Richard M. Green for the use of his patent by the Government; which was read the first and second times, by unanimous consent referred to the Committee on Patents, and ordered to be printed.

Mr. Cragin asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, referred to the Committee on Naval Affairs, and ordered to be printed:

S. 173. A bill extending the provisions of the act of July 16, 1862, granting ten years additional service on the active list to certain officers, to Lieutenant Commander W. B. Cushing.

S. 174. A bill to authorize the restoration of George Plunkett to his original rank as paymaster in the United States Navy.

S. 175. A bill to provide for the enlistment of three hundred additional seamen in the United States Navy.

Mr. Cragin asked and, by unanimous consent, obtained leave to bring in a bill (S. 176) in relation to the payment of the expenses of the arrest, custody, and trial of prisoners charged with territorial offenses in the Territory of Utah, and for other purposes; which was read the first and second times, by unanimous consent, referred to the Committee on Territories, and ordered to be printed.

Mr. Sherman asked and, by unanimous consent, obtained leave to bring in a bill (S. 177) to provide for a reissue of national bank notes, and for other purposes; which was read the first and second times, by unanimous consent, referred to the Committee on Finance, and ordered to be printed.

Mr. Sumner asked and, by unanimous consent, obtained leave to bring in a bill (S. 178) for the relief of Nicholas P. Trist, negotiator of the treaty of Guadalupe Hidalgo; which was read the first and second times, 0033 33 by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time, by unanimous consent.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Hamlin asked and, by unanimous consent, obtained leave to bring in a bill (S. 179) to amend an act to establish the Smithsonian Institution for the increase and diffusion of knowledge among men, approved August 10, 1846; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time, by unanimous consent.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Fenton presented papers in relation to the claim of William Welch, lieutenant United States Navy, (to accompany bill S. 140;) which were referred to the Committee on Naval Affairs.

On motion by Mr. Pomeroy,

Ordered, That the bills S. 5 and S. 8 be referred to the Select Committee on the Removal of Political Disabilities; that the bill S. 7 be referred to the Committee on Education and Labor; that the bill S. 33 be referred to the Committee on Revolutionary Claims; that the bill S. 36 be referred to the Committee on Agriculture; that the bill S. 106 be referred to the Committee on Territories; that the bills S. 12 and S. 91 be referred to the Committee on Public Buildings and Grounds; that the bills S. 22 and S. 101 be referred to the Committee on the District of Columbia; that the bills S. 52, S. 53, S. 87, S. 104, and S. 107 be referred to the Committee on Naval Affairs; that the bills S. 66, S. 67, S. 68, S. 69, S. 70, S. 71, S. 72, S. 73, S. 77, S. 90, S. 92, and S. 98 be referred to the Committee on Military Affairs; that the bills S. 13, S. 17, S. 407 S. 41, S. 44, S. 46, S. 50, and S. 80 be referred to the Committee on Indian Affairs; that the bills S. 4, S. 6, S. 23, S. 24, S. 30, S. 43, S. 45, S. 47, S. 48, S. 51, S. 55, S. 60, S. 61, S. 62, S. 64, S. 78, S. 81, S. 83, S. 93, S. 108, S. 109, S. 110, S. 115, and S. 117 be referred to the Committee on Public Lands; that the bills S. 18, S. 37, S. 49, S. 54, S. 57, S. 75, S. 76, S. 84, S. 89, S. 111, S. 113, S. 114, S. 116, and S. 118 be referred to the Committee on Commerce; that the bills S. 9, S. 20, S. 32, S. 38, S. 65, S. 102, and S. 103 be referred to the Committee on Post Offices and Post Roads; that the bills S. 15, S. 16, S. 19, S. 39, S. 42, and S. 112 be referred to the Committee on the Pacific Railroad; that the bills S. 3, S. 28, S. 34, S. 35, S. 59, S. 79, S. 82, S. 94, S. 95, S. 96, S. 97, and S. 105 be referred to the Committee on Claims; that the bills S. 26, S. 27, S. 31, S. 56, S. 58, S. 63, S. 85, S. 86, and S. 88 be referred to the Committee on the Judiciary; that the bills S. 1, S. 25, and S. 100 be referred to the Committee on Foreign Affairs; that the bills S. 2, S. 11, S. 29, and S. 74 be referred to the Committee on Finance.

On motion by Mr. Ames,

Ordered, That the petition and papers of A. Burwell, on the files of the Senate, be referred to the Committee on Claims.

Mr. Anthony submitted the following resolution for consideration:

Resolved, That the Senate will consider at the present session no general 3* 0034 34 legislation, except such as relates to the suppression of disorder and the protection of life and property in the several States.

Mr. Morton submitted the following resolution; which was read and referred to the Committee on Printing:

Resolved, That two thousand copies of the report and accompanying evidence, and twenty thousand copies of the report without the evidence, of the Special Committee appointed to investigate southern outrages, be printed for the use of the Senate, the said printing to include the views of the minority of said committee.

On motion by Mr. Sherman, the bill (S. 75) to promote the construction of the Cincinnati and Southern Railway was read the second time; and

After debate,

On motion by Mr. Sherman that the said bill be referred to the Committee on Commerce;

On motion by Mr. Davis that the said bill be referred to the Committee on the Judiciary; and

On the question to refer said bill to the Committee on Commerce,

It was determined in the affirmative.

A message from the House of Representatives by Mr. Lloyd, chief clerk:

Mr. President: The House of Representatives has passed a joint resolution (H. R. 4) authorizing the Secretary of the Navy to turn over certain property to the managers of the Industrial Home School of the District of Columbia, in which it requests the concurrence of the Senate; and

It has passed the following resolution, in which it requests the concurrence of the Senate:

Resolved, (the Senate concurring,) That the Speaker of the House and the President of the Senate adjourn their respective Houses of the Forty-second Congress of the United States on Wednesday, the 15th instant, at 12 o'clock m., without day.

On motion by Mr. Pool,

Ordered, That the memorial of Joseph C. Abbott, claiming to be duty elected a Senator of the United States by the legal votes of the members of the legislature of the State of North Carolina for the term of six years, commencing on the 4th day of March, 1871, be referred to the Committee on Privileges and Elections.

On motion by Mr. Anthony, the Senate proceeded to consider, as in Committee of the Whole, the bill (S. 119) to further regulate the publication of the specifications and drawings of the Patent Office; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Anthony,

Ordered, That the resolution submitted by him on the 7th instant to print additional copies of the last report of the Commissioner of Education be referred to the Committee on Printing.

Ordered, That the credentials of Foster Blodgett, and the memorial of members of the general assembly of the State of Georgia against the admission of said Blodgett to a seat in the Senate of the United States as a Senator from that State, be referred to the Committee on Privileges and Elections.

Ordered, That the credentials of George Goldthwaite, and the protest 0035 35 of members of the legislature of the State of Alabama against the election of said Goldthwaite as a Senator of the United States by the legislature of said State, be referred to the Committee on Privileges and Elections.

Ordered, That the credentials of Joseph J. Reynolds, and the credentials of Morgan C. Hamilton, with the resolution of the legislature of Texas, declaring the election of said Hamilton on the 22d of February, 1879, as Senator from that State for six years from March 4, 1871, illegal, be referred to the Committee on Privileges and Elections.

On motion by Mr. Thurman that the Senate proceed to the consideration of the resolution of the House of Representatives, fixing a day for the adjournment of the present session of Congress;

On motion by Mr. Hamlin,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened, and

The Senate adjourned.

TUESDAY, March 14, 1871. Link to Annals.

The Senate proceeded to consider the resolution of the House of Representatives directing the Speaker of the House of Representatives and the President of the Senate to adjourn their respective Houses Without day on Wednesday, the 15th instant, at 12 o'clock m.

On motion by Mr. Morton, that the said resolution lie on the table,

It was determined in the affirmative,

Yeas 32

Nays 13

On motion by Mr. Hamilton,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Buckingham, Caldwell, Chandler, Cole, Corbett, Cragin, Fenton, Ferry of Michigan, Frelinghuysen, Howe, Morrill of Vermont, Morton, Nye, Osborn, Pomeroy, Pool, Pratt, Ramsey, Sawyer, Schurz, Scott, Sherman, Spencer, Stewart, Sumner, West, Windom, Wright.

Those who voted in the negative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of West Virginia, Hamilton, Kelly, Saulsbury, Stevenson, Stockton, Thurman, Trumbull, Vickers.

So it was

Ordered, That the said resolution lie on the table.

Mr. Caldwell presented a petition of citizens of Kansas, praying the enactment of a law to prevent the further absorption of the public domain by railroads and other corporations, and that the public lands may be set apart exclusively for actual settlers; which was referred to the Committee on Public Lands.

Mr. Caldwell presented a petition of settlers on the Osage diminished reservation in Kansas, praying the extension of the acts of March 2, 1867, and June 8, 1868, for the relief of certain cities and towns, to the Osage lands in Kansas; which was referred to the Committee on Public Lands.

Mr. Sherman presented the petition of William J. Henry, praying an increase of pension; which was referred to the Committee on Pensions.

On motion by Mr. Pratt,

Ordered, That the petition and papers of Clara Morris, on the files of the Senate, be referred to the Committee on Claims.

0036 36

Mr. Caldwell presented a petition of dealers in tobacco, of Leavenworth, Kansas, praying that manufactured tobacco, may be classed with general merchandise, and not subject to a tax on sales; which was referred to the Committee on Finance.

Mr. Blair presented the petition of Samuel A. Lowe, praying compensation for services as superintendent and commissioner of laws, and for copying the laws of Kansas Territory in 1855; which was referred to the Committee on Claims.

Mr. Sherman presented a memorial of rectifiers and wholesale dealers in liquors, remonstrating against the construction given to the act of April 10, 1869, permitting distillation and rectifying to be carried on at places within six hundred feet of each other; which was referred to the Committee on Finance.

Mr. Nye presented resolutions of the legislature of Nevada, as follows:

A resolution in favor of the establishment of mail service between Winnemucca and Camp Winfield Scott in that State; which was referred to the Committee on Post Offices and Post Roads; and

A resolution in favor of listing over the lands of the Central Pacific Railroad in that State; which was referred to the Committee on the Pacific Railroad and ordered to be printed.

Mr. Buckingham presented the memorial of B. S. Brooks, Egbert Judson, and John Centre, praying the restoration to them of the island of Yerba Buena, in the bay of San Francisco; which was referred to the Committee on the Judiciary.

Mr. Anthony presented a petition of manufacturers of machinery, praying that a duty of sixty per cent. ad valorem be levied on all imported machinery made in whole or in part of iron or steel; which was referred to the Committee on Finance.

Mr. Nye presented the petition of Milo Pratt, praying compensation for losses sustained by reason of the alleged failure of the Quartermaster's Department to comply with a contract made with him in 1864 to furnish the United States Government with coal; which was referred to the Committee on Claims.

Mr. Buckingham presented two petitions of assistant marshals for taking the ninth census in the State of Connecticut, praying additional compensation for services rendered in taking the census.

Ordered, That they lie on the table.

Mr. Pratt presented a petition of citizens of Allen County, Indiana, praying that a pension may be granted to Theodore S. Campant; which was referred to the Committee on Pensions.

Mr. Stewart presented the petition of John Cullen and William R. Smith, praying to be restored to positions on the Capitol Police force; which was referred to the Committee to Audit and Control the Contingent Expenses of the Senate.

Mr. Ames presented the petition of Richard Barnett, late postmaster at Vicksburg, Mississippi, praying to be allowed, in the settlement of his accounts with the Postmaster General, the sum of $850, which sum was lost while being transmitted by the said Barnett, as postmaster, to the assistant treasurer at New York, in 1866; which was referred to the Committee on Claims.

On motion by Mr. Fenton,

Ordered, That Francis J. Brooks have leave to withdraw his petition and papers from the files of the Senate.

On motion by Mr. Brownlow,

Ordered, That William Spence have leave to withdraw his petition and papers from the files of the Senate.

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On motion by Mr. Cooper,

Ordered, That the petition and papers of Ethan A. Sawyer, on the files of the Senate, be referred to the Committee on Military Affairs, and that the petition and papers of W. M. Temple, on the files of the Senate, be referred to the Committee on Appropriations.

On motion by Mr. Pool,

Ordered, That the petition and papers of the heirs of Joseph Wheaton, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

On motion by Mr. Pomeroy,

Ordered, That the papers relating to the claim of officers of the Fourth and Fifth Indian Regiments of Kansas, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Anthony,

Ordered, That the petition and papers of George W. Hall and others, owners of the bark A 1, on the files of the Senate, be referred to the Committee on Claims.

Mr. Sumner rose to present a memorial which he said was signed by certain citizens of San Domingo, who were exiles from their country, and was proceeding to state the contents of the memorial; when

Mr. Sherman made a point of order, namely: That the memorial being signed by citizens of a foreign government could not be presented to the Senate.

The Vice-President sustained the point of order raised by Mr. Sherman, and decided that the memorial could not be received, as the Senate had, by repeated rulings in similar instances when the question was raised, refused to receive petitions or memorials signed by citizens or subjects of foreign governments.

Mr. Frelinghuysen submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the Secretary of State be directed to inform the Senate what States, if any, have ratified the fifteenth amendment to the Constitution of the United States since the issuing of his proclamation of the 30th March, 1870.

On motion by Mr. Ferry, of Michigan,

Ordered, That the petition and papers of Eliza Shelton and others, on the files of the Senate be referred to the Committee on Pensions.

Mr. Howe asked and, by unanimous consent, obtained leave to bring in a bill (S. 180)) to amend an act entitled “An act to establish a uniform system of bankruptcy throughout the United States; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Nye asked and, by unanimous consent, obtained leave to bring in a bill (S. 181) to aid in the construction of the Sutro tunnel from the proceeds of the sale of mineral lands; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Nye asked and, by unanimous consent, obtained leave to bring in a bill (S. 182) to authorize the President to permit George Plunkett, late a paymaster of the Navy of the United States, to withdraw his resignation of that office; which was read the first and second times, by unanimous Consent, referred to the Committee on Naval Affairs, and ordered to be printed.

Mr. Ferry, of Michigan, asked and, by unanimous consent, obtained leave to bring in a bill (S. 183) establishing the right of way to the Portage Lake and River Improvement Company, and providing for and 0038 38 making a grant of land to aid in the completion of said improvements; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Ferry, of Michigan, asked and, by unanimous consent, obtained leave to bring in a bill (S. 184) granting pensions to Eliza Shelton, Nancy Shelton, Cerena Metcalf, Nancy King, Patsey J. Shelton, Sarah Metcalf, Cloa Shelton, and Mary Franklin, and their children under the age of sixteen years; which was read the first and second times, by unanimous consent, referred to the Committee on Pensions, and ordered to be printed.

Mr. Blair asked and, by unanimous consent, obtained leave to bring in a bill (S. 185) to provide for the construction of a building for the use of the custom-house, post office, United States courts, internal revenue, and other civil offices, in the city of St. Louis, Missouri; which was read the first and second times, by unanimous consent, referred to the Committee on Public Buildings and Grounds, and ordered to be printed.

Mr. Logan asked and, by unanimous consent, obtained leave to bring in a bill (S. 186) to enable honorably discharged soldiers or sailors, their widows and orphan children, to acquire homesteads on public lands of the United States; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Caldwell asked and, by unanimous consent, obtained leave to bring in a bill (S. 187) to amend an act entitled “An act to provide a national currency, secured by pledge of United States bonds, and to provide for the circulation and redemption thereof;” which was read the first and second times, by unanimous consent, referred to the Committee on Finance, and ordered to be printed.

Mr. Windom asked and, by unanimous consent, obtained leave to bring in a bill (S. 188) in relation to settlers on the late Sioux Indian reservation, in the State of Minnesota; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Hamilton asked and, by unanimous consent, obtained leave to bring in a bill (S. 189) to amend an act entitled “An act to provide for the better security of life on board of vessels propelled in whole or in part by steam, and for other purposes,” approved February 28, 1871; which was read the first and second times, by unanimous consent, referred to the Committee on Commerce, and ordered to be printed.

Mr. Cragin asked and by unanimous consent, obtained leave to bring in a bill (S. 190) increasing the pension of Joseph Burnham; which was road the first and second times, by unanimous consent, referred to the Committee on Pensions, and ordered to be printed.

Mr. Osborn asked and, by unanimous consent, obtained leave to bring in a bill (S. 191) to establish the collection districts of Biscayne and Tampa, in the State of Florida; which was read the first and second times, by unanimous consent, referred to the Committee on Commerce, and ordered to be printed.

Mr. Sherman asked and, by unanimous consent, obtained leave to bring in a bill (S. 192) to create an additional land district in Alabama; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Sawyer asked and, by unanimous consent, obtained leave to bring in a bill (S. 193) to aid in rebuilding the orphan asylum in the city of Charleston, South Carolina, under the care of an association known as “The Sisters of our Lady of Mercy;” which was read the first and 0039 39 second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Sawyer asked and, by unanimous consent, obtained leave to bring in a bill (S. 194) to repeal certain provisos in the act of Congress approved July 12, 1870, entitled “An act making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending June 30, 1871;” which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Lewis asked and, by unanimous consent, obtained leave to bring in a bill (S. 195) to indemnify the State of Virginia and the county of Pittsylvania, Virginia, for losses incurred by them from the defalcation of William Liahy, sheriff of said county, under appointment of General E. S. Canby; which was read the first and second times, by unanimous consent, referred to the Committee on Claims, and ordered to be printed.

Mr. Pratt asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, referred to the Committee on Claims, and ordered to be printed:

S. 196. A bill for the relief of the owners of the bark A 1.

S. 197. A bill for the relief of the widow of D. Jay Brown, deceased.

S. 198. A bill for the relief of Warren & Moore.

S. 199. A bill for the relief of L. Merchant & Company.

S. 200. A bill for the relief of William H. Colledge.

S. 201. A bill for the relief of Phœbe Hepburn.

Mr. Anthony submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the preliminary report of the United States census for 1870 be printed for the use of the Senate.

Mr. Anthony submitted the following resolution for consideration:

Resolved by the Senate of the United States, (the House of Representatives concurring,) That there be printed one hundred and sixty thousand additional copies of the preliminary report of the United States census for 1870, of which fifty thousand shall be for the use of the Senate, one hundred thousand shall be for the use of the House, and ten thousand for distribution under the Census Bureau.

Ordered, That it be referred to the Committee on Printing.

Mr. Sherman submitted the following resolution; which was read and referred to the Committee on Printing:

Resolved, That one thousand copies of the Constitution of the United States, with the rules of the Senate, &c., compiled by W. J. McDonald, Chief Clerk of the Senate be printed for the use of the Senate.

Mr. Anthony, from the Committee on Printing, to whom was referred the foregoing resolution, reported it without amendment.

The Senate proceeded to consider the said resolution; and

The resolution was agreed to.

Mr. Sherman, from the Committee on Finance, to whom was referred the bill (S. 74) relating to moneys paid into the courts of the United States, reported it without amendment.

The Senate proceeded to consider the said bill as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read a third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

0040 40

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Sherman, from the Committee on Finance, to whom was referred the bill (S. 177) to provide a reissue of national bank notes, and for other purposes, reported it without amendment.

The Senate proceeded to consider the said bill as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Cole, from the Committee on Appropriations, to whom was referred the bill (H. R. 19) making appropriations for the payment of additional clerks in the Pension Office, and for other purposes, reported it with amendments.

On motion by Mr. Ferry, of Michigan,

Ordered, That the papers on the files of the Senate ill relation to the Portage Lake and Improvement Company be referred to the Committee on Public Lands.

A message from the House of Representatives, by Mr. Lloyd, chief clerk:

Mr. President: The House of Representatives has passed the following bills and joint resolutions, in which it requests the concurrence of the Senate:

H. R. 174. An act repealing the duty on tea and coffee.

H. R. 175. An act to relieve John J. Bradford of his political disabilities.

H. R. 176. An act to relieve the political disabilities of Charles H. McBlair, of Maryland.

H. R. 173. An act to repeal the duties upon salt.

H. R. 28. Joint resolution for the relief of Robert Moir & Co.

H. R. 27. Joint resolution to repeal the duty on coal.

The Speaker of the House of Representatives having signed an enrolled joint resolution, (S. 1,) I am directed to bring it to the Senate for the signature of its President.

The joint resolution (H. R. 4) authorizing the Secretary of the Navy to turn over certain property to the managers of the Industrial Home School of the District of Columbia, yesterday received from the House of Representatives for concurrence, was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it pass to a third reading.

The said resolution was read the third time, by unanimous consent.

Resolved, That it, pass.

Ordered, That the Secretary notify the House of Representatives thereof.

The bills (H. R. 174, H. R. 175, H. R. 176) and the joint resolution (H. R. 28) this day received from the House of Representatives for concurrence, were severally read the first and second times, by unanimous consent.

Ordered, That the bill (H. R. 174) and the joint resolution (H. R. 28) be referred to the Committee on Finance; and that the bills (H. R. 175 and H. R. 176) be referred to the Select Committee on the Removal of Political Disabilities.

The bill (H. R. 173) and the joint resolution (H. R. 27) this day received 0041 41 from the House of Representatives for concurrence, were severally read the first time, and passed to a second reading.

Mr. Kelly reported from the committee that they had examined and found duly enrolled the joint resolution (S. 1) authorizing the appointment of a commissioner to an international congress on penitentiary and reformatory discipline.

The Vice-President signed the enrolled joint resolution (S. 1) last reported to have been examined, and it was delivered to the committee to be presented to the President of the United States.

On motion by Mr. Pratt,

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 10) for the protection of settlers upon the public lands of the United States; and

After debate,

On motion by Mr. Pratt that the said bill be referred to the Committee on Public Lands,

Ordered, That the further consideration of the said bill be postponed to to-morrow.

On motion by Mr. Anthony,

The Senate proceeded to consider the resolution submitted by him yesterday, that no general legislation be considered during the present session, except such as relates to the suppression of disorder and the protection of life and property in the several States.

On motion by Mr. Morton, at 5 minutes before 3 o'clock p. m.,

The Senate adjourned.

WEDNESDAY, March 15, 1871. Link to Annals.

The Vice-President laid before the Senate the credentials of J. J. Reynolds, elected a Senator in Congress by the legislature of the State of Texas, for the term of six years, commencing on the 4th day of March, 1871.

The credentials were read.

Ordered, That they be referred to the Committee on Privileges and Elections.

Mr. Nye presented two resolutions of the legislature of Nevada, in favor of the extension to that State of the benefits of the act of September 28, 1850, granting swamp and overflowed lands to the State of Arkansas and other States of the Union; which were referred to the Committee on Public Lands.

On motion by Mr. Harlan,

Ordered, That the petition and papers of John Hanegan, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Kellogg,

Ordered, That the petition of Brott & Davis, the petition of Horace Tyler, the petition of J. B. Sullivan, and the petition of Susan A. Shelby, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Ramsey,

Ordered, That the petition and papers of William M. Kimball, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Pratt,

Ordered, That the petition and papers of John M. Botts, on the files of the Senate, be referred to the Committee on Claims.

On morton by Mr. Hamlin,

Ordered, That the petition and papers of Isaac H. Allen, on the files of the Senate, be referred to the Committee on Military Affairs.

0042 42

On motion by Mr. Howe,

Ordered, That the petition and papers of E. J. Powers, on the files of the Senate, be referred to the Committee on Patents.

On motion by Mr. Boreman,

Ordered, That the petition of Levi J. Powell, the petition of Henry E. Janes, the petition of Jeremiah Beatty, and the petition of Elijah M. Hart, with the accompanying papers, on the files of the Senate, be referred to the Committee on Claims.

Mr. Davis, of Kentucky, presented a petition of the Kentucky Agricultural an of Mechanical Association, praying compensation for damages committed to their property near Lexington, while used as a camp by United States troops, during the late war; which was referred to the Committee on Claims.

On motion by Mr. Brownlow,

Ordered, That the petition and papers of George W. Kirk, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Schurz the Senate proceeded to consider, as in Committee of the Whole, the bill (S. 21) to pay members of certain military organizations therein named; and

An amendment being proposed by Mr. Cole,

After debate,

On motion by Mr. Sherman,

Ordered, That the bill be referred to the Committee on Military Affairs.

Mr. Corbett asked and, by unanimous consent, obtained leave to bring in a bill (S. 202) authorizing the President to withdraw his acceptance of the resignation of R. H. Lamson, late lieutenant United States Navy; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time, by unanimous consent.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Pratt asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, referred to the Committee on Claims, and ordered to be printed:

S. 203. A bill for the relief of Doctor Marcus Reynolds, of Sumter County, in the State of South Carolina;

S. 204. A bill for the relief of Lewis Johnson & Company.

Mr. Hamlin asked and, by unanimous consent, obtained leave to bring in a bill (S. 205) to provide for the completion of the tympanum of the south wing of the Capitol building; which was read the first and second times, by unanimous consent, referred to the Committee on Public Buildings and Grounds, and ordered to be printed.

Mr. Hamlin asked and, by unanimous consent, obtained leave to bring in a bill (S. 206) for the relief of Isaac H. Allen; which was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Buckingham asked and, by unanimous consent, obtained leave to bring in a bill (S. 207) to establish ocean steamship lines for the transportation of the mail between the United States and foreign countries, and for other purposes; which was read the first and second times, by 0043 43 unanimous consent, referred to the Committee on Commerce, and ordered to be printed.

Mr. Stevenson asked and, by unanimous consent, obtained leave to bring in a bill (S. 208) to remove the legal and political disabilities from persons therein named, residents of Kentucky; which was read the first and second times, by unanimous consent, referred to the Select Committee on the Removal of Political Disabilities, and ordered to be printed.

Mr. Chandler asked and, by unanimous consent, obtained leave to bring in a bill (S. 209) to define a gross of matches, and for other purposes; which was read the first and second times, by unanimous consent, referred to the Committee on Commerce, and ordered to be printed.

Mr. Wilson asked and, by unanimous consent, obtained leave to bring in a bill (S. 210) in relation to additional bounties; which was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Howe asked and, by unanimous consent, obtained leave to bring in a bill (S. 211) to donate lands to the McGregor and Missouri River Railway Company to aid in the construction of a railroad from the Iowa State line westerly to Fort Laramie and the Union Pacific Railroad; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. West asked and, by unanimous consent, obtained leave to bring in a bill (S. 212) directing the Secretary of War to detail an officer of engineers to aid in determining the location and dimensions of a system of levees for the protection of the alluvial lands of the Stats of Louisiana from overflow by the Mississippi River and its tributaries; which was read the first and second times, by unanimous consent, referred to the Select Committee on the Levees of the Mississippi River, and ordered to be printed.

Mr. Gilbert asked and, by unanimous consent, obtained leave to bring in a bill (S. 213) authorizing the Postmaster General to continue in use in the postal service of the United States a machine for post-marking and for the cancellation of postage stamps, and to make settlement with the inventor, patentee, and assignee thereof, for the past and future use of the same by the Post Office Department; which was read the first and second times, by unanimous consent, referred to the Committee on Post Offices and Post Roads, and ordered to be printed.

Mr. Casserly asked and, by unanimous consent, obtained leave to bring in a bill (S. 214) for the relief of owners and occupants of certain hinds in California; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Corbett asked and, by unanimous consent, obtained leave to bring in a bill (S. 215) granting lands to aid in the construction of a railroad and telegraph line from Columbia River to Great Salt Lake; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Nye asked and, by unanimous consent, obtained leave to bring in a bill (S. 216) to increase the pension of H. Louise Gates, widow of the late General William Gates; which was read the first and second times, by unanimous consent, referred to the Committee on Pensions, and ordered to be printed.

Mr. Sawyer asked and, by unanimous consent, obtained leave to bring in a bill (S. 217) to amend an act entitled “An act for the relief of Rebecca S. Harrison,” approved February 25, 1865; which was read the 0044 44 first and second times, by unanimous consent, referred to the Committee on Pensions, and ordered to be printed.

Mr. Osborn asked and, by unanimous consent, obtained leave to bring in a bill (S. 218) to create an additional land district in Florida; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Wilson asked and, by unanimous consent, obtained leave to bring in a bill (S. 219) to carry into effect the decision of the Supreme Court relating to bounty to soldiers enlisted between the 3d day of May and the 22d day of July, 1861; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time, by unanimous consent.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Osborn, from the Committee on Naval Affairs, to whom was referred the bill (S. 53) for the restoration of Commander George A. Stevens, United States Navy, to the active from the retired list, reported it without amendment.

The Senate proceeded to consider the said bill as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Morrill, of Vermont, front the Committee on Finance, to whom was referred the bill (S. 137) to authorize the payment of duplicate checks of disbursing officers, reported it without amendment.

The Senate proceeded to consider the said bill as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Cooper,

Ordered, That the petition of T. T. Garrard and others, the petition of Warren and Moore, the petition of Robert Lowry, the petition of William Broaddus, and the petition of A. W. Moss, with the accompanying papers, on the files of the Senate, be referred to the Committee on Claims.

Mr. Anthony, from the Committee on Printing, to whom was referred the resolution to print additional copies of the report of the select committee to investigate alleged outrages in the Southern States, reported it without amendment.

The Senate proceeded to consider the said resolution, and the resolution was agreed to, as follows:

Resolved, That two thousand copies of the report and accompanying evidence, and twenty thousand copies of the report without the evidence of the Special Committee appointed to investigate Southern outrages, be printed for the use of the Senate, and the said printing to include the views of the minority of said committee.

0045 45

Mr. Morrill, of Vermont, submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the Secretary of the Treasury be directed to communicate to the Senate the amount that will be required to carry into effect the bill pending in the Senate (S. 219) to carry into effect the decision of the Supreme Court relating to bounty to soldiers enlisted between the 3d day of May and the 22d day of July, 1861.

A message from the House of Representatives, by Mr. Lloyd, chief clerk:

Mr. President: The House of Representatives has passed the bill of the Senate (S. 179) to amend “An act to establish the Smithsonian Institution for the increase and diffusion of knowledge among men,” approved August, 10, 1846; and

It has passed the following bills and joint resolution, in which it requests the concurrence of the Senate:

H. R. 177. An act to relieve James Moore, of Mississippi, of his political disabilities.

H. R. 178. An act in relation to estimates of appropriations and appropriation accounts.

H. R. 181. An act to establish post routes.

H. R. 29. Joint resolution to authorize the commissioners to revise the statutes to print their reports.

On motion by Mr. Morrill, of Vermont, that the Senate reconsider its vote on the passage of the bill (S. 219) to carry into effect the decision of the Supreme Court relating to bounty to soldiers enlisted between the 3d day of May and the 22d day of July, 1861,

Ordered, That the consideration of the motion be postponed to to-morrow.

On motion by Mr. Trumbull,

The joint resolution (H. R. 27) to repeal the duty upon coal was read the second time; and

The bill (H. R. 173) to repeal the duties upon salt was read the second time.

The joint resolution (H. R. 29) to authorize the commissioners to revise the statutes to print their reports, this day received from the House of Representatives for concurrence, was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

On motion by Mr. Trumbull to amend the resolution in the resolving clause by striking out the word “resolved,” and inserting “ enacted, ” so that, if amended, it would read, “Be it enacted by the Senate and House of Representatives,” &c., it was determined in the affirmative.

Ordered, That the amendment be engrossed and the resolution read a third time.

The said resolution, as amended, was read the third time.

Resolved, That it pass, and that the title be amended to read, “An act to authorize the commissioners to revise the statutes to print their reports.”

Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.

The bills (H. R. 177, H. R. 178, and H. R. 181) this day received from the House of Representatives for concurrence, were severally read the first and second times, by unanimous consent.

Ordered, That the bill H. R. 177 be referred to the Select Committee on the Removal of Political Disabilities; that the bill H. R. 178 be referred to the Committee on Appropriations; and that the bill 0046 46 H. R. 181 be referred to the Committee on Post Offices and Post Roads.

On motion by Mr. Anthony,

The Senate resumed the consideration of the resolution submitted by him on the 13th instant, that no general legislation be considered during the present session except such as relates to the suppression of disorder and the protection of life and property in the several States.

On motion by Mr. West,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened, and

The Senate adjourned.

THURSDAY, March 16, 1871. Link to Annals.

Mr. Anthony presented a petition of manufacturers of machinery, praying that a duty of sixty per cent. ad valorem be levied upon all imported machinery manufactured in whole or in part of iron or steel; which was referred to the Committee on Finance.

Mr. Anthony presented the petition of Anne E. Boyle, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Anthony presented the petition of Mrs. Sally Rodman, praying compensation for horses belonging to her husband, General Isaac P. Rodman, deceased, lost in the service of the United States during the late war; which was referred to the Committee on Military Affairs.

Mr. Rice presented a memorial of the city council of Fort Smith, Arkansas, praying the adoption of the boundary line first surveyed between that city and the military reservation near Fort Smith; which was referred to the Committee on Military Affairs.

Mr. Vickers presented the petition of Lewis Elmer & Son, and others, praying the establishment of a standard for imported vinegar; which was referred to the Committee on Finance.

Mr. Ramsey presented the petition of George Wright, of Washington, District of Columbia, praying compensation for the use of his patented linch-pin for field artillery carriages, adopted by the Ordnance Department United States Army; which was referred to the Committee on Patents.

Mr. Blair presented the petition of Major C. H. Frederick, praying pay and allowances as lieutenant colonel in the Army from June 27 to August 5, 1861; which was referred to the Committee on Military Affairs.

Mr. Conkling presented the petition of Thomas N. Kirkpatrick, late consul of the United States at Nassau, praying additional compensation as consul from the termination of the rebellion to the expiration of his term of service; which was referred to the Committee on Foreign Relations.

Mr. Blair presented the petition of Abram F. Hines and Jesse F. Mann, praying the passage of a law to prevent the abduction of minors in the District of Columbia; which was referred to the Committee on the Judiciary.

Mr. Hamilton presented the petition of Emily Claggett, of Maryland, praying compensation for spoliations committed by French cruisers; which was referred to the Committee on Foreign Relations.

Mr. Fenton presented the petition of Lyman Tremaine and others, praying the removal of all restrictions upon the laying of international 0047 47 telegraph cables; which was referred to the Committee on Foreign Relations.

On motion by Mr. Lewis,

Ordered, That the petition of Matilda Barnett, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Lewis,

Ordered, That Susannah Gray have leave to withdraw her petition and papers from the files of the Senate.

On motion by Mr. Ferry, of Michigan,

Ordered, That the petition and papers of John Watters, on the files of the Senate, be referred to the Committee on Claims.

Mr. Morton presented a memorial of the Southern Republican Association of the District of Columbia, praying that effectual means be adopted for the protection of life and property in the Southern States; which was referred to the Select Committee to investigate alleged outrages in the Southern States.

Mr. Casserly asked and, by unanimous consent, obtained leave to bring in a bill (S. 220) authorizing the President to appoint commissioners to examine and report upon the Sutro tunnel, in the State of Nevada; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time, by unanimous consent.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Scott,

Ordered, That the petition and papers of Francis A. Gibbous, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Schurz,

Ordered, That the petition of Louise Weiser be printed.

Mr. Stewart, from the Committee on the Pacific Railroad, to whom was referred the bill (S. 16) amendatory of an act to incorporate the Texas Pacific Railroad Company, reported it without amendment.

Mr. Rice asked and, by unanimous consent, obtained leave to bring in a bill (S. 221) relating to the boundary line between the city of Fort Smith and the adjoining military reservation; which was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Fenton asked and, by unanimous consent, obtained leave to bring in a bill (S. 222) to provide for additional mail service to Brazil; which was read the first and second times, by unanimous consent, referred to the Committee on Commerce, and ordered to be printed.

Mr. Fenton asked and, by unanimous consent, obtained leave to bring in a bill (S. 223) granting a pension to Harriet De Witt Mitchell; which was read the first and second times, by unanimous consent, referred to the Committee on Pensions, and ordered to be printed.

Mr. Fenton asked and, by unanimous consent, obtained leave to bring in a bill (S. 224) for the relief of Kenneth Mackenzie; which was react the first and second times, by unanimous consent, referred to the Committee on Claims, and ordered to be printed.

Mr. Fenton asked and, by unanimous consent, obtained leave to bring in a bill (S. 225) to authorize the establishment of ocean steamship service between the United States and Europe by lines of American steamships; 0048 48 which was read the first and second times, by unanimous consent, referred to the Committee on Commerce, and ordered to be printed.

Mr. Wilson asked and, by unanimous consent, obtained leave to bring in a bill (S. 226) for the protection of persons resident within the United States against unlawful combinations and conspiracies; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Wilson asked and, by unanimous consent, obtained leave to bring in a bill (S. 227) for the relief of George J. Langworthy, of Alfred Centre, New York; which was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Wilson asked and, by unanimous consent, obtained leave to bring in a bill (S. 228) for the relief of James Marphy; which, was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Sherman asked and, by unanimous consent, obtained leave to bring in a bill (S. 229) granting to the Utah Southern Railroad Company a right of way through the public lands for the construction of a railroad and telegraph; which was read the first and second times, by unanimous consent, referred to the Committee on the Pacific Railroad, and ordered to be printed.

Mr. Boreman asked and, by unanimous consent, obtained leave to bring in a bill (S. 230) for the relict of Mary M. Clark, widow of Leonard Clark, deceased; which was read the first and second times, by unanimous consent, referred to the Committee on Claims, and ordered to be printed.

Mr. West asked and, by unanimous consent, obtained leave to bring in a bill (S. 231) to provide for the appointment of an additional associate justice of the Supreme Court, and for other purposes; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Ferry, of Michigan, asked and, by unanimous consent, obtained leave to bring in a bill (S. 23?) to enable the Houghton and Ontonagon Railroad Company to make a resurvey of its road; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Wright asked and, by unanimous consent, obtained leave to bring in a bill (S. 233) to amend an act entitled “An act for a grant of lands to the State of Iowa, in alternate sections, to aid in the construction of a railroad in said State,” approved May 12, 1864; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Wright asked and, by unanimous consent, obtained leave to bring in a bill (S. 324) to repeal an act entitled “An act to fix the times for the regular sessions of Congress, approved January 22, 1867; which was read the first and second times, by unanimous consent, referred to the Committee on Privileges and Elections, and ordered to be printed.

Mr. Pratt asked and, by unanimous consent, obtained leave to bring in a bill (S. 235) for the relief of Joseph Ormsby; which was read the first and second times, by unanimous consent, referred to the Committee on Pensions, and ordered to be printed.

Mr. Chandler asked and, by unanimous consent, obtained Leave to bring in a bill (S. 236) for the preservation and protection of beacons, beacon-piers, light-house piers of protection, buoys, stakes, dolphins, 0049 49 and their appurtenances, and other aids to navigation, placed by or at the expense of the United States for the security, direction, and guidance of vessels in the navigable waters of the United States; which was read the first and second times, by unanimous consent, referred to the Committee on Commerce, and ordered to be printed.

Mr. Ramsey asked and, by unanimous consent, obtained leave to bring in a bill (S. 237) to reduce the rates of correspondence by telegraph, and to connect the telegraph with the postal service; which was read the first and second times, by unanimous consent, referred to the Committee on Post Offices and Post Roads, and ordered to be printed.

Mr. Ramsey asked and, by unanimous consent, obtained leave to bring in a bill (S. 238) authorizing the Southern Minnesota Railroad Company to connect its line with the Northern Pacific Railroad; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Ramsey asked and, by unanimous consent, obtained leave to bring in a bill (S. 239) for the relief of George Wright; which was read the first and second times, by unanimous consent, referred to the Committee on Patents, and ordered to be printed.

Mr. Buckingham asked and, by unanimous consent, obtained leave to bring in a bill (S. 240) to amend “An act to revise, amend, and consolidate the statutes relating to patents and copyrights;” which was read the first and second times, by unanimous consent, referred to the Committee on Patents, and ordered to be printed.

Mr. Corbett asked and, by unanimous consent, obtained leave to bring in a bill (S. 241) for the relief of Chauncey M. Lockwood; which was read the first and second times, by unanimous consent, referred to the Committee on Post Offices and Post Roads, and ordered to be printed.

Mr. Blair asked and, by unanimous consent, obtained leave to bring in a bill (S. 242) to enable the Atlantic and Pacific Railroad Company to mortgage its road; which was read the first and second times, by unanimous consent, referred to the Committee on the Pacific Railroad, and ordered to be printed.

Mr. Frelinghuysen asked and, by unanimous consent, obtained leave to bring in a bill (S. 243) more fully to enforce the fourteenth amendment to the Constitution of the United States; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Cole asked and, by unanimous consent, obtained leave to bring in a bill (S. 244) relating to condemned cannon for cemetery at San Francisco; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time, by unanimous consent.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Rice asked and, by unanimous consent, obtained leave to bring in a bill (S. 245) amendatory of an act authorizing the construction of a bridge across the Arkansas River; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate. 4*

0050 50

Ordered, That it be engrossed and read a third time.

The said bill was read the third time, by unanimous consent.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Pomeroy, from the Committee on Public Lands, to whom was referred the bill (S. 45) to enable the Leavenworth, Lawrence and Galveston Railroad Company to relocate a portion of its road, reported it with amendments.

The Senate proceeded to consider the said bill as in Committee of the Whole; and the amendments reported by the Committee on Public Lands having been agreed to, the bill was reported to the Senate, and the amendments were concurred in.

Ordered, That the bill be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the bill thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Davis, of Kentucky, asked and, by unanimous consent, obtained leave to bring in a joint resolution (S. 2) proposing an amendment to the Constitution of the United States; which was read the first and second times, by unanimous consent, and ordered to be printed.

Mr. Conkling submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the President of the United States be requested, if compatible with the public interest, to transmit to the Senate copies of the reports made to the Department of State by Samuel B. Ruggles, delegate from the United States to the International Statistical Congress at the Hague, in the year 1869, with the documents accompanying said report.

Mr. Sherman submitted the following resolution for consideration; which was read and ordered to be printed:

Resolved, That as organized bands of desperate and lawless men, mainly composed of soldiers of the late rebel armies, armed, disciplined, and disguised, and bound by oaths and secret obligations, have, by force, terror, and violence, subverted all civil authority in large parts of the late insurrectionary States, thus utterly overthrowing the safety of person and property, and all those rights which are the primary basis and object of all civil government, and which are expressly guaranteed by the Constitution of the United States to all its citizens; and as the courts are rendered utterly powerless, by organized perjury, to punish crime; therefore the Judiciary Committee is instructed to report a bill or bills that will enable the President and the courts of the United States to execute the laws, punish such organized violence, and secure to all citizens the rights so guaranteed to them.

Mr. Anthony, from the Committee on Printing, to whom was referred the resolution to print additional copies of the preliminary report of the United States census for 1870, reported it without amendment.

The Senate proceeded to consider the said resolution, and the resolution was agreed to, as follows:

Resolved by the Senate of the United States, (the House of Representatives concurring,) That there be printed one hundred and sixty thousand additional copies of the preliminary report of the United States Census for 1870, of which fifty thousand shall be for the use of the Senate, and one hundred thousand shall be for the use of the House, and ten thousand for distribution under the direction of the Census Bureau.

0051 51

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has passed the following joint resolutions, in which it requests the concurrence of the Senate:

H. R. 30. Joint resolution to correct the enrollment of the naval appropriation act;

H. R. 31. Joint resolution granting the right to erect a monument to Professor Morse on a Government reservation; and

It has passed the following resolution, in which it requests the concurrence of the Senate:

Resolved by the Senate and House of Representatives, That the President of the Senate, and the Speaker of the House of Representatives, be authorized to close the present session by adjourning their respective Houses on the 20th day of March, instant, at 12 o'clock noon.

The Speaker of the House of Representatives having signed an enrolled joint resolution, (H. R. 4,) I am directed to bring it to the Senate for the signature of its President.

Mr. Lewis reported from the committee that they examined and found duly enrolled the joint resolution (H. R. 4) authorizing the Secretary of the Navy to turn over certain property to the managers of the Industrial Home School of the District of Columbia.

The Vice-President signed the enrolled joint resolution (H. R. 4) last reported to have been examined, and it was delivered to the committee to be presented to the President of the United States.

The joint resolution (H. R. 30) this day received from the House of Representatives for concurrence was read the first and second times, by unanimous consent, and referred to the Committee on Appropriations.

The joint resolution (H. R. 31) granting the right to erect a monument to Professor Morse on a Government reservation was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and

On motion by Mr. Morrill, of Vermont, to amend the resolution in the enacting clause, by striking out the word “resolved,” and inserting “ enacted, ” so that if amended, it would read, “Be it enacted,” &c.,

It was determined in the affirmative; and

No further amendment being proposed to the resolution, it was reported to the Senate, and the amendment was concurred in.

Ordered, That the amendment be engrossed and the resolution read a third time.

The said resolution, as amended, was read the third time.

Resolved, That it pass, and that the title be amended to read, “An act granting the right to erect a monument to Professor Morse on a Government reservation.”

Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.

The resolution of the House of Representatives fixing a day for the adjournment of the present session of Congress was read.

On motion by Mr. Sherman,

Ordered, That it lie on the table.

On motion by Mr. Cameron,

Ordered, That the Select Committee on the Removal of Political Disabilities be discharged from the further consideration of the bill (H. R. 176) to relieve the political disabilities of Charles H. McBlair, of Maryland.

0052 52

On motion by Mr. Cameron,

The Senate proceeded to consider the said bill as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

An amendment to the bill being proposed by Mr. Trumbull,

Ordered, That the further consideration of the said bill be postponed to to-morrow.

The Senate resumed the consideration of the resolution submitted by Mr. Anthony on the 13th instant, that no general legislation be considered during the present session, except such as relates to the suppression of disorder and the protection of life and property in the several States.

On motion by Mr. Cole, the further consideration of the said resolution was informally passed over; and

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 19) making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes; and the amendments reported by the Committee on Appropriations having been agreed to, and the bill further amended,

On motion by Mr. Sherman,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened, and

The Senate adjourned.

FRIDAY, March 17, 1871. Link to Annals.

The Vice-President laid before the Senate the credentials of John W. Johnston, elected a Senator in Congress by the legislature of the State of Virginia for the term of six years, commencing on the 4th day of March, 1871.

The credentials were read and the oaths prescribed by law were administered to Mr. Johnston by the Vice-President, and he took his seat in the Senate.

Mr. Tipton presented the petition of James Englesby, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Cragin presented the petition of Eli B. Stevens, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Fenton presented the petition of John Disturnell and the petition of Calvin Crowell, praying compensation for spoliations committed by French cruisers prior to 1800; which were referred to the Committee on Foreign Relations.

Mr. Cameron presented the memorial of Richard K. Kuhn, praying compensation for spoliations committed by French cruisers prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Cragin presented the petition of Henry W. B. Grover, of Durham, New Hampshire, praying to be allowed a pension and bounty for military services; which was referred to the Committee on Pensions.

Mr. Hamlin presented the petition of Mary Bragdon, the petition of Mrs. C. B. Conant, and the petition of Caroline Dammon, praying the repeal of the sixth section of the pension act, approved February 14, 1871, limiting the period for filing applications for pensions; which were referred to the Committee on Pensions.

Mr. Trumbull presented the petition of officers of the Seventh Infantry, United States Army, praying compensation for loss of their property caused by the burning of their quarters at Fort Buford, Dakota Territory; which was referred to the Committee on Military Affairs.

0053 53

On motion by Mr. Wilson,

Ordered, That the petition of James Read and others, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Johnston,

Ordered, That R. H. Bryan have leave to withdraw his petition and papers from the files of the Senate.

On motion by Mr. Lewis,

Ordered, That the papers relating to the creation of the western judicial districts of Virginia, on the files of the Senate, be referred to the Committee on the Judiciary.

Mr. Blair presented the petition of M. M. Kimmel, of Missouri, praying the removal of his political disabilities; which was referred to the Select Committee on the Removal of Political Disabilities.

On motion by Mr. Vickers,

Ordered, That William Hunt have leave to withdraw his petition and papers from the files of the Senate.

On motion by Mr. Johnston,

Ordered, That the overseers of the poor of London County, Virginia, praying compensation for the destruction of the poor establishment of that county by United States troops in 1864, have leave to withdraw their petition and papers from the files of the Senate.

The Vice-President laid before the Senate a letter of the Secretary of the Treasury, communicating, in compliance with a resolution of the Senate of the 15th instant, a statement of the amount required to carry into effect the decision of the Supreme Court of the United States allowing bounties to certain soldiers who enlisted into the military service of the United States in the year 1861; which was referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Robertson, from the Select Committee on the Removal of Political Disabilities, to whom was referred the bill (S. 5) to relieve all persons engaged in the rebellion from the disability imposed by the fourteenth amendment of the Constitution, with certain exceptions, reported it without amendment.

Mr. Ramsey, from the Committee on Post Offices and Post Roads, to whom was referred the bill (S. 20) to authorize the construction of a bridge across the Missouri River at Boonville, Missouri, reported it with amendments.

Mr. Corbett, from the Committee on Commerce, to whom was referred the bill (S. 76) to facilitate commerce between the United States and China, Japan, and the countries of Asia, reported it without amendment.

Mr. Rice, from the Committee on Mines and Mining, to whom was referred the bill (S. 122) to define and protect the rights of miners and to encourage the development of mines, reported it without amendment.

Mr. Chandler, from the Committee on Commerce, to whom was referred the bill (S. 209) to define a gross of matches, and for other purposes, reported it without amendment.

The Senate proceeded to consider the said bill as in Committee of the Whole; and having been amended, on motion by Mr. Chandler, it was reported to the Senate and the amendment was concurred in.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Vickers, from the Select Committee on the Removal of Political 0054 54 Disabilities, reported a bill (S. 246) for the relief of Zebulon B. Vance, of Charlotte, North Carolina; which was read and passed to a second reading.

Mr. Vickers submitted the petition of Zebulon B. Vance, praying the removal of his political disabilities, and other papers relating to that subject.

Mr. Blair presented the petition of J. K. Robinson, praying the allowance of bounty to soldiers of the Regular Army who served during the late war and were enlisted prior to 1861; which was referred to the Committee on Military Affairs.

Mr. Vickers presented the petition of Jane Hatch, praying compensation for spoliations committed by French cruisers prior to the year 1800; which was referred to the Committee on Foreign Relations.

Mr. Lewis presented the petition of Philip C. Jones, praying compensation for spoliations committed by French cruisers prior to the year 1800; which was referred to the Committee on Foreign Relations.

Mr. Vickers, from the Committee on Commerce, to whom was referred the bill (S. 89) to create a port of delivery at Potomac, Virginia, and for other purposes, reported it without amendment.

The Senate proceeded to consider the said bill as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Stewart, from the Committee on the Pacific Railroad, to whom was referred the bill (S. 242) to enable the Atlantic and Pacific Railroad Company to mortgage its road, reported it with an amendment.

The Senate proceeded to consider the said bill as in Commit tee of the Whole; and the amendment reported by the Committee on the Pacific Railroad having been agreed to, the bill was reported to the Senate, and the amendment was concurred in.

Ordered, That the bill be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Logan, from the Committee on Military Affairs, to whom was referred the bill (S. 21) to pay members of certain military organizations therein named, reported it without amendment.

The Senate proceeded to consider the said bill as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time.

Resolved, That the bill pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Nye asked and, by unanimous consent, obtained leave to bring in a bill (S. 247) to reinstate without pay, officers of the Army who were mustered out of the service under the provisions of the act of Congress approved July 15, 1870; which was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Trumbull asked and, by unanimous consent, obtained leave to bring in a bill (S. 248) to provide for the admission of certain evidence; 0055 55 which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Cragin asked and, by unanimous consent, obtained leave to bring in a bill (S. 249) granting a pension to Lieutenant W. H. Parsons; which was read the first and second times, by unanimous consent, referred to the Committee on Pensions, and ordered to be printed.

Mr. Wilson asked and, by unanimous consent, obtained leave to bring in a bill (S. 250) to remove political disabilities; which was read the first and second times, by unanimous consent, referred to the Select Committee on the Removal of Political Disabilities, and ordered to be printed.

Mr. Spencer asked and, by unanimous consent, obtained leave to bring in a bill (S. 251) to amend an act entitled “An act to establish and declare the railroad and bridges of the New Orleans, Mobile and Chattanooga Railroad Company, as hereafter constructed, a post road, and for other purposes,” approved March 2, 1868; which was read the first and second times, by unanimous consent, referred to the Committee on Commerce, and ordered to be printed.

Mr. Johnston asked and, by unanimous consent, obtained leave to bring in a bill (S. 252) to readjust the claims of Virginia for advances to the United States in the war of 1812; which was read the first and second times, by unanimous consent, referred to the Committee on Appropriations, and ordered to be printed.

Mr. Lewis asked and, by unanimous consent, obtained leave to bring in a bill (S. 253) to promote the collection of internal revenue; which was read the first and second times, by unanimous consent, referred to the Committee on Finance, and ordered to be printed.

The following message was received from the President of the United States, by Mr. Babcock, his secretary:

To the Senate of the United States:

I transmit to the Senate, in compliance with its resolution of the 14th instant, a report from the Secretary of State, making known that official notice had been received at the Department of State of the ratification by the legislature of one, and only one, additional State—to wit, that of New Jersey—of the fifteenth amendment to the Constitution of the United States since the 30th of March, 1870, the date of his certificate that three-fourths of the Whole number of States in the United States had ratified that amendment, and that it had become valid to all intents and purposes as part of the Constitution of the United States.

U. S. GRANT.

Washington, March 17, 1871.

The message was read.

Ordered, That it lie on the table and be printed.

Mr. Morrill, of Maine, submitted the following resolution:

Resolved, That the Secretary of the Senate pay, out of the contingent fund of the Senate, to John L. Hickman, seventy cents per day additional, so as to make his compensation two dollars per day during the Forty first Congress.

The resolution was read.

Ordered, That it be referred to the Committee to Audit and Control the Contingent Expenses of the Senate.

Mr. Ames submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the President of the United States be requested to transmit to the Senate, if not incompatible with the public service, the 0056 56 report recently made by a board of officers of the Engineer Department on the condition of the Mississippi River near Vicksburg, Mississippi, with such remarks, suggestions, or recommendations as may be made by the Chief Engineer of the Army.

Mr. Bayard asked and, by unanimous consent, obtained leave to bring in a bill (S. 254) to confirm the title to the Rancho del Rio Grande, in New Mexico, to the heirs and legal representatives of the original grantees thereof; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time, by unanimous consent.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Cooper,

Ordered, That George Harris have leave to withdraw his petition and papers from the files of the Senate.

Mr. Patterson submitted the following resolution for consideration:

Resolved, (the House of Representatives concurring,) That a joint select committee on retrenchment, consisting of four members of the Senate and seven members of the House, be appointed by the presiding officers of the two Houses, with the same powers and duties as were conferred upon the Select Committee on Retrenchment of the Thirty-ninth, Fortieth, and Forty-first Congresses, and to which all matters yet remaining undisposed of which were referred to the Committee on Retrenchment of the Forty-first Congress shall be referred.

Mr. Anthony submitted the following resolution for consideration:

Resolved by the Senate of the United States, (the House of Representatives concurring,) That a joint committees consisting of seven Senators and nine Representatives, be appointed, whose duty it shall be to inquire into the condition of the late insurrectionary States, so far as regards the execution of the laws and the safety of the lives and property of citizens of the United States, with leave to report at any time the result of their investigation to the two Houses of Congress, with such recommendations as they may deem expedient; that said committee be authorized to employ clerks and stenographers, to sit during the recess, to send for persons and papers, to take testimony, and to visit at their discretion, through sub-committees, any portion of the said States during the recess of Congress, and to print and make public from time to time during the recess the results of their investigations; and the expenses of said committee shall be paid out of the contingent funds of the two Houses of Congress.

The Senate proceeded, by unanimous consent, to consider the said resolution; and

After debate,

On the question to agree to the resolution,

It was determined in the affirmative.

So the said resolution was agreed to.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Morrill, of Vermont,

Ordered, That the Secretary request the House of Representatives to return to the Senate the joint resolution of the House (H. R. 31) granting the right to erect a monument to Professor Morse on a Government reservation.

0057 57

Mr. Blair, on his own motion, was excused from further service upon the Committee on Manufactures and upon the Committee on Education and Labor.

Ordered, That the Vice-President be authorized to appoint a Senator to fill the vacancies upon the said committees in the place of Mr. Blair, excused; and

The Vice President appointed Mr. Johnston.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has passed the bill of the Senate (S. 244) relating to condemned cannon for a cemetery at San Francisco; and

It has passed the following bills and joint resolutions, in which it requests the concurrence of the Senate:

H. R. 182. An act to authorize the Secretary of the Treasury and the Commissioner of Internal Revenue to determine the material, devices, &c., of stamps required by the laws relating to internal revenue.

H. R. 184. An act to establish certain post routes in West Virginia.

H. R. 32. Joint resolution to extend the provisions of section 21 of the act approved July 17, 1862, to aliens who have or may enlist in the naval and marine service.

The Speaker of the House of Representatives having signed an enrolled bill, (S. 179,) I am directed to bring it to the Senate for the signature of its President.

Mr. Lewis reported from the committee that they had examined and found duly enrolled the bill (S. 179) to amend an act to establish the Smithsonian Institution for the increase and diffusion of knowledge among men, approved August 10, 1846.

The Vice-President signed the enrolled bill (S. 179) last reported to have been examined, and it was delivered to the committee to be presented to the President of the United States.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 19) making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes.

On motion by Mr. Anthony that the further consideration of the said bill be postponed to to-morrow, and that the Senate proceed to the consideration of the resolution submitted by him on the 13th instant, that the Senate will consider no general legislation during the present session except such as relates to the suppression of disorder and the protection of life and property in the several States,

It was determined in the affirmative; and

The Senate resumed the consideration of the said resolution.

On motion by Mr. Cole,

The further consideration of the said resolution was informally passed over; and

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 19) making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes; and

The bill having been further amended,

On motion by Mr. Sprague to further amend the bill by inserting at the end thereof the following as an additional section:

Sec. —. That the sum of thirteen thousand dollars is hereby appropriated to be pair to Mary B. Walker, widow of Robert J. Walker, for money expended by him when territorial governor of Kansas, which is to be in place 0058 58 of any appropriation heretofore made in her behalf: Provided, That the sum hereby appropriated shall be accepted by her as a full settlement of all claims for said expenditures;

On motion by Mr. Cameron that the said amendment lie on the table,

It was determined in the affirmative,

Yeas 28

Nays 18

On motion by Mr. Cameron,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Bayard, Brownlow, Buckingham, Caldwell, Cameron, Chandler, Conkling, Davis of Kentucky, Davis of West Virginia, Frelinghuysen, Harlan, Hitchcock, Kelly, Logan, Morrill of Vermont, Morton, Pratt, Ramsey, Rice, Robertson, Schurz, Scott, Sherman, Stevenson, Thurman, Tipton, Wright.

Those who voted in the negative are,

Messrs. Blair. Boreman, Casserly, Cole, Cooper, Cragin, Ferry of Michigan, Nye, Osborn, Pomeroy, Saulsbury, Spencer, Sprague, Stockton, Sumner, Vickers, West, Windom.

So the amendment was laid on the table.

On motion by Mr. Hamlin to further amend the bill by inserting at the end thereof the following as an additional section:

Sec. —. That the act approved January twenty-two, anno Domini eighteen hundred and sixty-seven, entitled “An act to fix the times for the regular meetings of Congress,” be, and the same is hereby, repealed, after the adjournment of the present session of Congress;

On motion by Mr. Cole that the said amendment lie on the table,

It was determined in the negative,

Yeas 7

Nays 45

On motion by Mr. Cole,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Cole, Cragin, Frelinghuysen, Hitchcock, Pool, Spencer, Sumner.

Those who voted in the negative are,

Messrs. Ames, Anthony, Bayard, Blair, Boreman, Brownlow, Buckingham, Casserly, Chandler, Conkling, Cooper, Corbett, Davis of Kentucky, Davis of West Virginia, Ferry of Michigan, Gilbert, Hamilton, Hamlin, Johnston, Kellogg, Kelly, Lewis, Logan, Morrill of Maine, Nye, Pomeroy, Pratt, Ramsey, Rice, Robertson, Saulsbury, Schurz, Scott, Sherman, Stevenson, Stewart, Stockton, Thurman, Tipton, Trumbull, Vickers, West, Wilson, Windom, Wright.

So the Senate refused to lay the amendment on the table; and

On the question to agree to the amendment,

It was determined in the affirmative.

On motion by Mr. Stewart to further amend the bill by inserting at the end thereof the following as an additional section:

Sec. —. That the Commissioner of the General Land Office is hereby authorized to approve the survey of the eastern boundary of Nevada, made by Isaac E. James, notwithstanding any departure from instructions, which, in the opinion of said Commissioner, does not materially impair the accuracy of the work;

After debate,

On the question to agree to the amendment,

It was determined in the affirmative,

Yeas 27

Nays 13

0059 59

On motion by Mr. Stewart,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Anthony, Blair, Brownlow, Buckingham, Cameron, Chandler, Cole, Conkling, Corbett, Frelinghuysen, Gilbert, Hamlin, Howe, Morrill of Maine, Nye, Osborn, Pomeroy, Pratt, Sawyer, Scott, Sherman, Spencer, Stewart, Sumner, Tipton, Trumbull, Wilson.

Those who voted in the negative are,

Messrs. Bayard, Casserly, Hamilton, Hitchcock, Johnston, Kelly, Morrill of Vermont, Ramsey, Saulsbury, Stockton, Thurman, Vickers, Wright.

So the amendment was agreed to; and

A further amendment being proposed by Mr. Chandler,

Mr. Anthony called for the regular order of business; and

The Senate resumed the consideration of the resolution submitted by Mr. Anthony on the 13th instant, that the Senate will consider no general legislation during the present session except such as relates to the suppression of disorder and the protection of life and property in the several States; and

Mr. Stewart having withdrawn the amendment proposed by him, and

Mr. Anthony having modified his resolution,

On motion by Mr. Cameron,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened, and

The bills and joint resolution this day received from the House of Representatives for concurrence were severally read the first and second times, by unanimous consent.

Ordered, That the bill H. R. 182 be referred to the Committee on Commerce; that the bill H. R. 184 be referred to the Committee on Post Offices and Post Roads; and that the joint resolution H. R. 32 be referred to the Committee on Naval Affairs.

The Senate then resumed the consideration of the resolution submitted by Mr. Anthony on the 13th instant, that the Senate will consider no general legislation during the present session except such as relates to the suppression of disorder and the protection of life and property in the several States; and

The question being on the resolution as modified,

On motion by Mr. Cameron, at 4 o'clock p. m.,

The Senate adjourned.

SATURDAY, March 18, 1871. Link to Annals.

Mr. Sumner presented the petition of Isaac Clark, praying that a pension be granted to Elizabeth Posey; which was referred to the Committee on Pensions.

Mr. Scott presented a resolution of the legislature of Pennsylvania, in favor of further legislation for the protection of emigrants in the United States; which was referred to the Committee on Commerce and ordered to be printed.

Mr. Kellogg presented the petition of Francis I. Patterson, praying compensation for spoliations committed by French cruisers prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Chandler presented a resolution of the legislature of Michigan, in favor of granting the United States arsenal and grounds at Dearborn, Michigan, to that State for an arsenal and other military purposes; 0060 60 which was referred to the Committee on Military Affairs and ordered to be printed.

Mr. Sumner presented a resolution of the legislature of Massachusetts, in favor of the repeal of the duty on coal.

Ordered, That it lie on the table and be printed.

Mr. Sumner presented a memorial of A. J. Ketchum and others, of the State of Georgia, praying that jurors in that State for the trial of criminal offenses may be selected on account of their intelligence and integrity, and not on account of race and color; which was referred to the Select Committee to investigate alleged outrages in the Southern States.

Mr. Sherman presented a memorial of rectifiers and wholesale dealers in liquors, remonstrating against the construction placed upon the act of April 10, 1869, allowing the business of distillation and rectifying to be carried on within six hundred feet of each other; which was referred to the Committee on Finance.

Mr. Windom presented the memorial of the legislature of Minnesota, in favor of constituting Du Lath, in that State, a port of entry; which was referred to the Committee on Commerce.

Mr. Boreman presented the petition of Abigail Ryan, praying to be allowed a pension; which was referred to the Committee on Pensions.

Mr. Davis, of West Virginia, presented a resolution of the legislature of West Virginia, in favor of the removal of the political disabilities imposed by the fourteenth article of amendments to the Constitution of the United States; which was referred to the Select Committee on the Removal of Political Disabilities and ordered to be printed.

Mr. Hitchcock presented a memorial of the legislature of Nebraska, in favor of an extension of the time for payment by preëmptors for their lands; which was referred to the Committee on Public Lands and ordered to be printed.

Mr. Hitchcock presented a memorial of the legislature of Nebraska, in favor of the establishment of certain mail routes in that State; which was referred to the Committee on Post Offices and Post Roads and ordered to be printed.

Mr. Pomeroy, from the Committee on Public Lands, to whom was referred the bill (S. 232) to enable the Houghton and Ontonagon Railroad Company to make a resurvey of its road, reported it with an amendment.

The Senate proceeded to consider the said bill as in Committee of the Whole; and the amendment reported by the Committee on Public Lands having been agreed to and the bill further amended, it was reported to the Senate and the amendments were concurred in.

Ordered, That the bill be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Chandler, from the Committee on Commerce, to whom was referred the bill (S. 130) to reestablish the office of surveyor at Eastport, Maine, reported it without amendment.

The Senate proceeded to consider the said bill as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the secretary request the concurrence of the House of Representatives therein.

0061 61

On motion by Mr. Pratt,

Ordered, That Mrs. E. B. McCormick have leave to withdraw her petition and papers from the files of the Senate.

On motion by Mr. Kellogg,

Ordered, That the petition and papers of Andrew Brown, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Conkling,

Ordered, That the petition and papers of the Mercantile Mutual Insurance Company of New York, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Conkling,

Ordered, That Matilda S. Conklin have leave to withdraw her petition and papers from the files of the Senate.

On motion by Mr. Kellogg,

Ordered, That David Kennemore, Seaborn F. Kennemore, John B. Kennemore, Silas P. Woodall, and Simpson Bishop have leave to with draw their petition and papers from the files of the Senate.

Mr. Anthony, from the Committee on Printing, reported the following resolution:

Resolved by the Senate of the United States, (the House of Representatives concurring,) That there be printed thirty-two thousand five hundred copies of the volume upon Industry and the volume upon Mortality of the Ninth Census, of which ten thousand shall be for the use of the Senate, twenty thousand for the use of the House of Representatives, and two thousand five hundred for the use of the Census Office.

The Senate proceeded, by unanimous consent, to consider the said resolution; and,

On the question to agree to the resolution,

It was determined in the affirmative.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Pomeroy submitted the following resolution for consideration:

Resolved, That two thousand extra copies of the Report of the Commissioner of the General Land Office be printed for the use of the Department of the Interior.

Ordered, That the resolution be referred to the Committee on Printing.

On motion by Mr. Scott,

Ordered, That the papers in relation to the relocation by the heirs of Andrew White of revolutionary military land warrant No. 624, granted to Andrew Besterfield for military services, on the files of the Senate, be referred to the Committee on Public Lands.

On motion by Mr. Bayard that the Senate reconsider its vote on the passage of the bill (S. 209) to define a gross of matches, and for other purposes,

Ordered, That the further consideration thereof be postponed to tomorrow.

Mr. Stewart, from the Committee on Privileges and Elections, to whom was referred the credentials of Morgan C. Hamilton, the credentials of Joseph J. Reynolds, and the resolution of the legislature of the State of Texas declaring the election of Morgan C. Hamilton illegal, submitted a report (No. 2) thereon, accompanied by the following resolution:

Resolved, That Morgan C. Hamilton was duly elected a Senator from the State of Texas for the term commencing March 4, 1871, and is entitled to take his seat as such upon taking the required oaths.

The Senate, by unanimous consent, proceeded to consider the said resolution; and

0062 62

The resolution was agreed to.

On motion by Mr. Johnston,

Ordered, That the memorial of Henry Hibbs, on the files of the Senate, be referred to the Committee on Claims.

Mr. Tipton asked and, by unanimous consent, obtained leave to bring in a bill (S. 255) for the relief of Anna M. Howard; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time, by unanimous consent.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Osborn asked and, by unanimous consent, obtained leave to bring in a bill (S. 256) to provide for a building suited to the use of the post office, the revenue officers, and the judicial officers of the United States in the city of Jacksonville, Florida; which was read the first and second times, by unanimous consent, referred to the Committee on Public Buildings and Grounds, and ordered to be printed.

Mr. Trumbull asked and, by unanimous consent, obtained leave to bring in a bill (S. 257) to amend the act approved June 16, 1862, entitled “An act providing for the selection of jurors to serve in the several courts of the District of Columbia; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Cragin asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, referred to the Committee on Naval Affairs, and ordered to be printed:

S. 258. A bill to define, the relative rank of professors of mathematics in the Navy.

S. 259. A bill for the relief of Mrs. Harriet B. Pendleton, widow of George H. Pendleton, late of United States Army.

Mr. Boreman asked and, and by unanimous consent, obtained leave to bring in a bill (S. 260) for the relief of loyal citizens of London County, Virginia, therein named; which was read the first and second times, by unanimous consent, referred to the Committee on Claims, and ordered to be printed.

Mr. Cole asked and, by unanimous consent, obtained leave to bring in bill (S. 261) for the relief of Christopher Green and Hugh C. Trainor; winch was read the first and second times, by unanimous consent, referred to the Committee on Claims, and ordered to be printed.

Mr. Windom asked and, by unanimous consent, obtained leave to bring in a bill (S. 262) granting to Andrew Hanna and others the right to build a dam across the Blue Earth River, in the State of Minnesota; which was read the first and second times, by unanimous consent, referred to the Committee on Commerce, and ordered to be printed.

Mr. Pomeroy asked and, by unanimous consent, obtained leave to bring in a bill (S. 263) for the relief of the officers of the Fourth and Fifth Indian Regiments; which was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Wilson asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by 0063 63 unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed:

S. 264. A bill for the relief of Charles Trichler, of the county of Adams, Ohio.

S. 265. A bill to authorize the payment of bounty to Ann McCarthy.

Mr. Kellogg asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, referred to the Committee on Commerce, and ordered to be printed:

S. 266. A bill imposing tonnage duties, and for other purposes.

S. 267. A bill to revive the navigation and commercial interests of the United States.

Mr. Scott asked and, by unanimous consent, obtained leave to bring in a bill (S. 268) relating to writs of execution and other final process in courts of the United States; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Scott asked and, by unanimous consent, obtained leave to bring in a bill (S. 269) for the relief of the heirs of Andrew White i which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Blair asked and, by unanimous consent, obtained leave to bring in a bill (S. 270) concerning the rights of disabled Army officers; which was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Hill asked and, by unanimous consent, obtained leave to bring in a bill (S. 271) for the relief of Wylly Woodbridge; which was read the first and second times, by unanimous consent, referred to the Committee on Claims, and ordered to be printed.

Mr. Pomeroy asked and, by unanimous consent, obtained leave to bring in a bill (S. 272) to provide for the sale of certain Indian lands in Kansas known as the “Cherokee strip;” which was read the first and second times, by unanimous consent, referred to the Committee on Appropriations, and ordered to be printed.

On motion by Mr. Sherman,

The Senate proceeded to consider the resolution submitted by him on the 16th instant, instructing the Committee on the Judiciary to report a bill for the suppression of organized violence in the late insurrectionary States; and

Pending debate,

The Vice-President announced that the morning hour had expired, and called up the unfinished business of the Senate at its adjournment yesterday, which was the resolution submitted by Mr. Anthony on the 13th instant, which resolution Mr. Anthony had modified to read as follows:

Resolved, That the Senate will consider, at the present session, no other legislative business than the deficiency appropriation bill, the concurrent resolution for a joint committee of investigation into the condition of the States lately in insurrection, and the resolution now pending instructing the Committee on the Judiciary to report a bill or bills that will enable the President and the courts of the United States to execute the laws in said States; and

The Senate resumed the consideration of the said resolution; and

After debate,

On motion by Mr. Sherman to amend the resolution by inserting at 0064 64 the end thereof the following: And the report that may be made by the Judiciary Committee on that subject;

After further debate,

On motion by Mr. Bayard, at 10 minutes before 5 o'clock p. m.,

The Senate adjourned.

MONDAY, March 20, 1871. Link to Annals.

Mr. Morgan C. Hamilton, from the State of Texas, attended; and the oaths prescribed by law were administered to him by the Vice-President, and he took his seat in the Senate.

Mr. Ramsey presented a memorial of the legislature of Minnesota, in favor of granting additional bounties to United States soldiers who were enlisted in 1861 and 1862, and discharged previous to two years' service; which was referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Ramsey presented a memorial of the legislature of Minnesota, in favor of the extension of the jurisdiction of the Light-house Board over the Mississippi Missouri, and Ohio Rivers; which was referred to the Committee on Commerce, and ordered to be printed.

Mr. Ramsey presented a resolution of the legislature of Minnesota, in favor of certain amendments to the homestead acts; which was referred to the Committee on Public Lands, and ordered to be printed.

Mr. Scott presented the memorial of Oliver Evans Wood, relative to a plan devised by him for the safe delivery of letters in the new States and Territories; which was referred to the Committee on Post Offices and Post Roads.

Mr. Scott presented the memorial of Oliver Evans Wood, submitting a plan devised by him for the safe delivery of letters transmitted from foreign countries; which was referred to the Committee on Post Offices and Post Roads.

Mr. Windom presented a memorial of the legislature of Minnesota, in favor of authorizing the improvement of the Blue Earth River in that State for manufacturing purposes; which was referred to the Committee on Commerce.

Mr. Windom presented a memorial of the legislature of Minnesota, in favor of the establishment of a mail route from Carver to Henderson, in that State; which was referred to the Committee on Post Offices and Post Roads.

Mr. Windom presented a memorial of the legislature of Minnesota, in favor of the payment of certain claims for bounty to discharged soldiers of the United States, and an extension of the time allowed for filing applications therefor; which was referred to the Committee on Military Affairs.

Mr. Windom presented a resolution of the legislature of Minnesota, in favor of an extension of the time for the payment of certain preëmption claims under the act of July 14, 1870; which was referred to the Committee on Public Lands.

On motion by Mr. Rice,

Ordered, That the petition and papers of William J. Patton, on the files of the Senate, be referred to the Committee on Finance.

Mr. Harlan presented the petition of citizens of Union County, Iowa, in behalf of James A. Forgey, of Iowa, praying that he be allowed a pension; which was referred to the Committee on Pensions.

Mr. Pool presented the petitions of A. T. T. Jones and Thomas M. Moore, of North Carolina, praying the removal of their political disabilities; 0065 65 which were referred to the Select Committee on the Removal of Political Disabilities.

On motion by Mr. Pool,

Ordered, That the petition and papers of John Shelton, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Johnston,

Ordered, That the memorial of D. J. Saunders and others, on the files of the Senate, be referred to the Committee on Claims; and that the petition of Mariah Bohrer and Ann Green, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

Mr. Hamlin presented a petition of citizens of New Hampshire, praying the passage of the bill now before Congress to secure cheap transportation of breadstuffs from the West to the sea-board at uniform rates throughout the year; which was referred to the Committee on Post Offices and Post Roads.

Mr. Kelly presented the memorial of Samuel D. Smith, of Washington Territory, praying to be allowed to enter under the preëmption laws, as public land, a portion of the recent military reservation at Fort Walla-Walla; which was referred to the Committee on Public Lands.

Mr. Pool presented resolutions of the legislature of North Carolina, in favor of an appropriation for the removal of the obstructions in the Cape Fear and Pamlico Rivers; which were referred to the Committee on Commerce.

Mr. Wilson, from the Committee on Military Affairs, to whom were referred the following bills, reported them severally without amendment:

S. 67. A bill for the relief of the purchasers of lots and houses and lots sold by virtue of an act of Congress entitled “An act providing for the sale of the lands, tenements, and water privileges belonging to the United States at and near Harper's Ferry, in the county of Jefferson, West Virginia,” approved December 15, 1868.

S. 68. A bill providing for the sale of land belonging to the United States, situated at Sag Harbor, Suffolk County, in the State of New York.

Mr. Corbett, from the Committee on Commerce, to whom was referred the bill (S. 116) concerning the compensation of the collector of customs for the district of Willamette, in the State of Oregon, reported it without amendment.

The Senate proceeded to consider the said bill as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House or Representatives therein.

Mr. Logan, from the Committee on Military Affairs, to whom was referred the bill (S. 90) for the relief of John E. Wheeler, reported it without amendment.

The Senate proceeded to consider the said bill as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein. 5*

0066 66

On motion by Mr. Johnston,

Ordered, That the Committee on the Judiciary be discharged from the further consideration of the bill (S. 88) to amend an act entitled “An act to divide the State of Virginia into two judicial districts.”

The Senate proceeded to consider the said bill as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Lewis reported from the committee that they this day presented to the President of the United States the following bill and joint resolution:

S. 179. An act to amend “An act to establish the Smithsonian Institution for the increase and diffusion of knowledge among men,” approved August 10, 1846.

S. 1. Joint resolution authorizing the appointment of a commissioner to an international congress on penitentiary and reformatory discipline.

Mr. Hill asked and, by unanimous consent, obtained leave to bring in a bill (S. 273) authorizing the Secretary of the Treasury to convey the United States branch mint at Dahlonega, Georgia, to the trustees of the north Georgia Agricultural College for educational purposes; which was read the first and second times, by unanimous consent, referred to the Committee on Public Buildings and Grounds, and ordered to be printed.

Mr. Hill presented papers in relation to the transfer of the United States Mint at Dahlonega, Georgia, to the North Georgia Agricultural College to accompany the foregoing bill; which were referred to the Committee on Public Buildings and Grounds.

Mr. Pratt asked and, by unanimous consent, obtained leave to bring in a bill (S. 274) to abolish the tribal relations of the Miami tribe of Indians, and for other purposes; which was read the first and second times, by unanimous consent, referred to the Committee on Indian Affairs, and ordered to be printed.

Mr. Ramsey asked and, by unanimous consent, obtained leave to bring in a bill (S. 275) to create an additional land district in the State of Minnesota; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Frelinghuysen asked and, by unanimous consent, obtained leave to bring in a bill (S. 276) to promote the collection of internal revenue; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Harlan asked and, by unanimous consent, obtained leave to bring in a bill (S. 277) granting a pension to James A. Forgey; which was read the first and second times, by unanimous consent, referred the Committee on Pensions, and ordered to be printed.

Mr. Rice asked and, by unanimous consent, obtained leave to bring in bill (S. 278) for the relief of William J. Patton, collector of the second collection district of Arkansas; which was read the first and second times, by unanimous consent, referred to the Committee on Finance, and ordered to be printed.

Mr. Morrill, of Maine, asked and, by unanimous consent, obtained leave to bring in a bill (S. 279) to authorize the establishment of ocean mail steamship service between the United States and Mexico; which 0067 67 was read the first and second times, by unanimous consent, referred to the Committee on Post Offices and Post Roads, and ordered to be printed.

Mr. Conkling submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the Secretary of the Interior be directed to communicate to the Senate a list of the names and residences of the enumerators and persons employed in obtaining the various statistics of the ninth census of the United States, with the number of days of actual service by each in the work of enumeration, together with the amount paid or to be paid these officers, respectively, in accordance with law.

Mr. Ramsey submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the Postmaster General be directed to communicate to the Senate copies of the bids and awards, and, generally, all information in his possession, in regard to the mail-letting in March, 1870, on route No. 17401, from Santa Fé to El Paso, New Mexico.

Mr. Anthony, from the Committee on Printing, reported the following resolution:

Resolved, That one thousand extra copies of the report of the Commissioner of the General Land Office for 1870 be printed for the use of the said Commissioner.

The Senate proceeded, by unanimous consent, to consider the said resolution; and

The resolution was agreed to.

Mr. Sprague presented a letter of Seth Padelford, governor of the State of Rhode Island, dated March 3, 1871, and addressed to the President of the Senate, stating that a statue of Roger Williams has been forwarded by that State to the city of Washington, in compliance with the resolution of Congress approved July 2, 1864, inviting each State to furnish for the hall of the old House of Representatives statues of deceased persons who have been citizens thereof and illustrious for their historic renown from distinguished civic or military services, such as each State shall determine to be worthy of national commemoration.

The letter was read.

Ordered, That it lie on the table and be printed.

On motion by Mr. Sprague,

Ordered, That a copy of the foregoing letter be transmitted to the House of Representatives.

On motion by Mr. Davis, of Kentucky,

Ordered, That the petition of Caroline Hart, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Sawyer,

Ordered, That the petition of Thomas P. Mitchell, the petition of Samuel Gardner, the petition of Lewis Johnson & Co., the petition of Caleb White and B. A. Thomas, and the petition of William P. Bovie, with the accompanying papers, on the files of the Senate, be referred to the Committee on Claims; and

That the petition of the heirs of Joshua Chamberlain, on the files of the Senate, be referred to the Committee on Revolutionary Claims.

Mr. Morrill, of Vermont, from the Committee on Public Buildings and Grounds, to whom was referred the bill (S. 185) to provide for the construction of a building for the use of the custom-house, post office, United States courts, internal revenue, and other civil offices, in the city of St. Louis, Missouri; reported it with an amendment.

Mr. Morrill, of Vermont, asked and, by unanimous consent, obtained 0068 68 leave to bring in a bill (S. 280) for the relief of William P. Russell; which was read the first and second times, by unanimous consent, referred to the Committee on Pensions, and ordered to be printed.

Mr. Cooper asked and, by unanimous consent, obtained leave to bring in a bill (S. 281) to construe sections 2, 3, 4, 5, and 6 of the Army appropriation bill, approved March 3, 1871; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Johnston asked and, by unanimous consent, obtained leave to bring in a bill (S. 282) to exempt the circulation of the Real Estate Bank of Virginia from taxation; which was read the first and second times, by unanimous consent, referred to the Committee on Finance, and ordered to be printed.

Mr. Stewart, from the Committee on Privileges and Elections, to whom were referred the credentials of Foster Blodgett, with the memorial of members of the legislature of the State of Georgia, protesting against the admission of said Blodgett to a seat in the Senate of the United States as a senator from that State, and the credentials of George Goldthwaite, with the protest of sundry members of the legislature of the State of Alabama against the election of said Goldthwaite, submitted report (No. 3) thereon, accompanied by the following resolution:

Resolved, That George Goldthwaite and Foster Blodgett be permitted to take seats in this body upon taking the proper oath; and that the Committee on Privileges and Elections proceed hereafter to consider the grounds on which their rights to seats, respectively, are contested, and hereafter make reports to the Senate thereon.

Mr. Hill presented a brief of the memorial of members of the legislature of the State of Georgia, protesting against the admission of Foster Blodgett to a seat in the Senate of the United States as a Senator from that State.

Ordered, That it lie on the table and be printed.

Mr. Lewis reported from the committee that they this day presented to the President of the United States the following bill and joint resolution:

S. 179. An act to amend an act to establish the Smithsonian Institution for the increase and diffusion of knowledge among men, approved August 10, 1846.

S. 1. Joint resolution authorizing the appointment of a commissioner to an international congress on penitentiary and reformatory discipline.

A message from the President of the United States, by Mr. Porter, his secretary:

Mr. President: The President of the United States approved and signed this day the following act and joint resolution:

S. 179. An act to amend an act to establish the Smithsonian Institution for the increase and diffusion of knowledge among men, approved August 10, 1846.

S. 1. Joint resolution authorizing the appointment of a commissioner to an international congress on penitentiary and reformatory discipline.

Ordered, That the Secretary notify the House of Representatives thereof.

Mr. Kelly reported from the committee that they had examined and found duly enrolled the bill (S. 244) relating to condemned cannon for a cemetery at San Francisco.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has passed the bill of 0069 69 the Senate (S 202) authorizing the President, to withdraw his acceptance of the resignation of R. H. Lamson, late lieutenant United States Navy, with amendments, in which it requests the concurrence of the Senate; and

It has passed the resolution of the Senate for the appointment of a joint committee to inquire into the condition of affairs in the late insurrectionary States, with an amendment, in which it requests the concurrence of the Senate.

I am directed by the House of Representatives to return to the Senate, in compliance with its request, the joint resolution (H. R. 31) granting the right to erect a monument to Professor Morse on a Government reservation.

The Speaker of the House of Representatives having signed an enrolled bill (S. 244) I am directed to bring it to the Senate for the signature of its President.

The Senate proceeded to consider its amendments to the joint resolution (H. R. 31) granting the right to erect a monument to Professor Morse on a Government reservation; and

On motion by Mr. Morrill, of Vermont,

Resolved, That the Senate recede from its amendment to the staid resolution.

Ordered, That the Secretary notify the House of Representatives thereof.

The Vice-President signed the enrolled bill (S. 244) last reported to have been examined, and it was delivered to the Committee to be presented to the President of the United States.

The Senate proceeded to consider the amendments of the House of Representatives to the bill of the Senate (S. 202) authorizing the President to withdraw his acceptance of the resignation of R. H. Lamson, late lieutenant United States Navy; and

On motion by Mr. Corbett,

Resolved, That the Senate agree to the amendments of the House of Representatives to the said bill.

Ordered, That the Secretary notify the House of Representatives thereof.

On motion by Mr. Anthony,

The Senate resumed the consideration of the resolution submitted by him on the 13th instant, prescribing what legislative business shall be considered by the Senate during the present session of Congress; and

The question being on the amendment proposed by Mr. Sherman,

After debate,

An amendment to the amendment being proposed by Mr. Sawyer,

On motion by Mr. Ramsey,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened, and

The Senate adjourned.

TUESDAY, March 21, 1871. Link to Annals.

The Vice-President laid before the Senate a letter of the Secretary of War recommending that the act of July 15, 1870, be so amended as to allow the code of regulations for the administration of the affairs of the Army, prepared under that act, to be in force and obeyed, when approved by the President, subject to such alterations as the Secretary of War 0070 70 may adopt with the approval of the President; which was referred to the Committee on Military Affairs and ordered to be printed.

Mr. Scott presented a memorial of working women of Philadelphia, Pennsylvania, remonstrating against the extension of suffrage to the women of the United States; which was referred to the Committee on the Judiciary.

Mr. Hill presented the memorial of John E. Bryant, of Georgia, remonstrating against the admission of Foster Blodgett to a seat in the Senate, as a Senator from the State of Georgia;

Ordered, That it lie on the table and be printed.

Mr. Frelinghuysen presented the petition of Elizabeth Winter, praying compensation for the destruction of her property at Columbus, Georgia, during the late war by United States troops; which was referred to the Committee on Claims.

Mr. Casserly presented a memorial of the members of the Forty-first Congress from the State of California, praying a grant of lands to aid in the construction of a canal for irrigation purposes from the mountain lakes of El Dorado and Amador Counties to Sacramento, in that State; which was referred to the Committee on Public Lands and ordered to be printed.

Mr. Wilson presented resolutions adopted at a meeting of colored citizens of Boston, Massachusetts, in favor of action by Congress for the protection of loyal citizens in the Southern States; which were referred to the Committee on the Judiciary.

Mr. Osborn presented the petition of Washington D. Glenn, praying compensation for damages to his property committed by United States troops at Winchester Virginia, during the late war; which was referred to the Committee on Claims.

On motion by Mr. Johnston,

Ordered, That H. L. Amiss have leave to withdraw his petition and papers from the files of the Senate.

On motion by Mr. Anthony,

Ordered, That the letter of the Treasurer of the United States, transmitting accounts of receipts and expenditures to June 30, 1868, on the files of the Senate, be referred to the Committee on Printing.

Mr. Frelinghuysen presented the petition of Roswell L. Cobb, in behalf of Lemuel Taylor, praying compensation for spoliations committed by French cruisers prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. West presented the petition of Robert Walker Mackay, praying compensation for French spoliations prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Spencer presented the petition of Drury Thompson, of Alabama, praying the removal of his political disabilities; which was referred to the Select Committee on the Removal of Political Disabilities.

Mr. Scott presented the petition of Joseph S. Finch & Co., praying the remission of certain taxes paid on distilled spirits, lost by the telling of their warehouse; which was referred to the Committee on Finance.

On motion by Mr. Casserly,

Ordered, That the petition of McCondray & Co., Bayerque & Co., Fox & O'Conner, Maury, jr., Dickson, De Wolf & Co., and others, with the accompanying papers, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Cole,

Ordered, That the petition and papers of John A. Sutter, on the files of the Senate, be referred to the Committee on Private Land Claims.

0071 71

Mr. Ramsey, from the Committee on Post Offices and Post Roads, to whom was referred the bill (H. R. 181) to establish post routes, reported it with amendments.

Mr. Wilson, from the Committee on Military Affairs, to whom was referred the bill (S. 41) to enable the Secretary of War to enlarge the depot at Fort Leavenworth, reported it without amendment.

Mr. Wilson presented a letter from the Secretary of War, addressed to the chairman of the Committee on Military Affairs of the Senate, recommending the enlargement, of the military depot at Fort Leavenworth, to accompany the foregoing bill. (S. 41.)

On motion by Mr. Howe,

Ordered, That the Committee on Claims be discharged from the further consideration of the petition and papers of Anna Ella Carroll, and that they be referred to the Committee on Military Affairs.

On motion by Mr. Boreman,

Ordered, That the petition of Marshall M. Martin, on the files of the Senate, be referred to the Committee on Claims.

Mr. Ramsey asked and, by unanimous consent, obtained leave to bring in a bill (S. 283) to donate lands to the Hastings and Dakota Railway Company to aid in the construction of a railroad from the Minnesota State line westerly to the Missouri River; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Ramsey asked and, by unanimous consent, obtained leave to bring in a bill (S. 284) to establish a port of entry at Du Luth, in the State of Minnesota; which was read the first and second times, by unanimous consent, referred to the Committee on Commerce, and ordered to be printed.

Mr. Kellogg asked and, by unanimous consent, obtained leave to bring in a bill (S. 285) to aid in the construction of twenty or more first-class iron steamships and maintenance of same, and to secure to the Government the use of the same for postal, naval, and other purposes; which was read the first and second times, by unanimous consent, referred to the Committee on Post Offices and Post Roads, and ordered to be printed.

Mr. Kellogg asked and, by unanimous consent, obtained leave to bring in a bill (S. 286) to incorporate the New York and San Blas Railway Company; which was read the first and second times, by unanimous consent, referred to the Committee on the Pacific Railroad, and ordered to be printed.

Mr. Harlan asked and, by unanimous consent, obtained leave to bring in a bill (S. 287) to empower the Secretary of War to establish, under certain conditions, a horse railway upon and over the island of Rock Island and the bridges erected by the United States connecting the cities of Davenport and Rock Island therewith; which was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Harlan asked, and by unanimous consent, obtained leave to bring in a bill (S. 288) relating to rights of actual settlers upon certain lands; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Spencer asked and, by unanimous consent, obtained leave to bring in a bill (S. 289) for the relief of home guards raised in certain counties of Tennessee, and Jackson County, Alabama; which was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

0072 72

Mr. Spencer presented papers in relation to a company of home guards and scouts for the United States Army, recruited by G. W. N. Stovall in Tennessee and Alabama, to accompany the foregoing bill; which were referred to the Committee on Military Affairs.

Mr. Osborn asked and, by unanimous consent, obtained leave to bring in a bill (S. 290) for the relief of Washington D. Glenn; which was read the first and second times, by unanimous consent, referred to the Committee on Claims, and ordered to be printed.

Mr. Morton asked and, by unanimous consent, obtained leave to bring in a bill (S. 291) for the relief of the officers and crew of the United States ship Wyoming; which was read the first and second times, by unanimous consent, referred to the Committee on Foreign Relations, and ordered to be printed.

Mr. Morton asked and, by unanimous consent, obtained leave to bring in a bill (S. 292) to place the name of James C. Bates, of Indiana, on the pension rolls; which was read the first and second times, by unanimous consent, referred to the Committee on Pensions, and ordered to be printed.

Mr. Morton presented papers in relation to the claim of J. C. Bates for pension, to accompany the foregoing bill; which were referred to the Committee on Pensions.

Mr. Nye asked and, by unanimous consent, obtained leave to bring in bill (S. 293) to authorize the restoration of George A. Armes to the rank of captain in the Army; which was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Nye presented a statement of the services of Captain George A. Armes, and of the circumstances and evidence under which he was court-martialed, to accompany the foregoing bill; which was referred to the Committee on Military Affairs.

Mr. Cole asked and, by unanimous consent, obtained leave to bring in a bill (S. 294) for the relief of the inhabitants of the town of Arcata, in Humboldt County, California; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time, by unanimous consent.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Schurz asked and, by unanimous consent, obtained leave to bring in a bill (S. 295) authorizing the Secretary of War to place at the disposal of the Lyons Monument Association of Missouri certain condemned cannon; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time, by unanimous consent.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Osborn submitted the following resolution for consideration:

Resolved, That the Postmaster General be directed to communicate to the Senate whether it is within the knowledge of the Post Office Department that any contractors for carrying the mails in the States lately in rebellion have failed within the past two years to do so, in 0073 73 accordance with the terms of their respective contracts, and to what extent such failures to carry the mails have existed; also, whether the Department has information that undue influences have been resorted to by contractors to induce postmasters in any of said States to certify to the carrying of mails in compliance with the terms and provisions of their contracts when such service had not been performed; and also any other information in regard to the mail services in said States which, in the judgment of the Postmaster General, may be useful to the Senate.

On motion by Mr. Windom,

Ordered, That the Committee to Audit and Control the Contingent Expenses of the Senate have leave to sit during the recess of Congress.

Mr. Lewis reported from the committee that they this day presented to the President of the United States the following enrolled bills:

S. 74. An act relating to moneys paid into the courts of the United States.

S. 119. An act to further regulate the publication of the specifications and drawings of the Patent Office.

S. 202. An act authorizing the President to nominate R. H. Lamson a lieutenant in the United States Navy.

Mr. Cragin, upon his own motion, was excused from further service upon the Committee on Revolutionary Claims.

The Vice-President announced that vacancies existed upon two of the committees of the Senate, to wit: The Committee on Revolutionary Claims and the Select Committee on the Removal of Political Disabilities.

Ordered, That the Vice-President be authorized to appoint Senators to fill the vacancies upon the said committees; and

The Vice-President appointed Mr. Hamilton, of Texas, to fill the vacancies on the said committees.

Mr. Hamilton, of Texas, upon his own motion, was excused from service upon the said committees.

Ordered, That the Vice-President he authorized to appoint Senators to fill the vacancies on the said committees in the place of Mr. Hamilton, of Texas, excused.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has passed the following bills of the Senate:

S. 74. An act relating to moneys paid into the courts of the United States;

S. 119. An act re further regulate the publication of the specifications and drawings of the Patent Office; and

It has passed the following resolution, in which it requests the concurrence of the Senate:

Resolved by the Senate and House of Representatives, That the President of the Senate and the Speaker of the House of Representatives be authorized to close the present session by adjourning their respective Houses on the 23d day of March, instant, at 12 o'clock, noon.

The President of the United States approved and signed, on the 10th instant, the joint resolution (H. R. 4) authorizing the Secretary of the Navy to turn over certain property to the managers of the Industrial Home School of the District of Columbia.

The Senate proceeded to consider the amendment of the House of Representatives to the resolution of the Senate for the appointment of a joint committee to investigate the condition of affairs in the late insurrectionary States.

0074 74

On motion by Mr. Anthony, to amend the amendment of the House of Representatives by inserting after the word “Congress,” near the end thereof, the words, and to print and make public, from time to time, during the recess, the results of their investigation.

After debate,

The Vice-President announced that the morning hour had expired, and called up the unfinished business of the Senate at its adjournment yesterday, which was the resolution submitted by Mr. Anthony on the 13th instant, as subsequently modified by him, prescribing the legislative business to be considered during the present session by the Senate; and

The Senate resumed the consideration of the said resolution.

Pending which,

The following message was received from the House of Representatives by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has agreed to the amendments of the Senate to the joint resolution of the House (H. R. 29) to authorize the commissioners to revise the statutes to print their reports.

The Speaker of the House of Representatives having signed three enrolled bills, (S. 74, S. 119, and S. 202,) I am directed to bring them to the Senate for the signature of its President.

Mr. Lewis reported from the Committee that they had examined and found duly enrolled the following bills:

S. 74. An act relating to moneys paid into the courts of the United States.

S. 119. An act to further regulate the publication of the specifications and drawings of the Patent Office.

S. 202. An act authorizing the President to nominate R. H. Lamson a lieutenant in the United States Navy.

The Vice-President signed the three enrolled bills, (S. 74. S. 119, and S. 202,) last reported to have been examined, and they were delivered to the Committee to be presented to the President of the United States.

On motion by Mr. Anthony,

Ordered, That the Senate take a recess this day from half-past 4 o'clock to half-past 7 o'clock p. m.

The Senate then again resumed the consideration of the resolution of Mr. Anthony prescribing the legislative business to be considered by the Senate during the present session; and

The question being on the amendment proposed by Mr. Sawyer to the amendment of Mr. Sherman,

After debate,

On motion by Mr. Stewart, and by unanimous consent,

Ordered, That the order of the Senate of this day for a recess from half-past 4 o'clock to half-past 7 o'clock p. m. be rescinded.

After further debate,

On motion by Mr. Boreman, at 5 o'clock and 40 minutes p. m.,

The Senate adjourned.

WEDNESDAY, March 22, 1871. Link to Annals.

Mr. Trumbull presented a memorial of the American Free Trade League, remonstrating against the repeal of the duties on tea and coffee; which was referred to the Committee on Finance.

Mr. Ferry, of Michigan, presented a petition of soldiers in the late war, praying a bounty in “greenbacks,” of an additional issue, in lieu of 0075 75 a grant of public lands as a bounty for military services; which was referred to the Committee on Public Lands.

Mr. Stewart presented a petition of citizens of Nevada, praying a grant of lands to aid in the construction of a railroad from the Central Pacific Railroad southerly through the easterly portion of that State; which was referred to the Committee on Public Lands.

Mr. Lewis presented the memorial of Nicholas Edmunds, executor of Thomas Edmunds, deceased, praying compensation for spoliations committed by French cruisers prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Johnston presented the petition of Benjamin Bissell, praying compensation for spoliations committed by French cruisers prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Buckingham presented the petition of Charles A. Black and others, praying that the report of the Commissioner of Patents may be published in the same form as the previous reports of said Commissioner; which was referred to the Committee on Printing.

Mr. Buckingham presented the petition of John I. Derose, praying compensation for spoliations committed by French cruisers prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Anthony presented the petition of Ethan Ray Clarke and Sam. Ward Clarke, praying that warrants be issued to them for lands in the public domain in lieu of certain lands held by them in the State of Florida; which was referred to the Committee on Private Land Claims.

Mr. Pomeroy presented a petition of residents on the Osage trust lands in Kansas, praying the extension of the period allowed for payment for said lands; which was referred to the Committee on Public Lands.

On motion by Mr. Hamlin,

Ordered, That the petition and papers of James H. Willis, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Hamlin,

Ordered, That the petition and papers of Eugene Streck, on the files of the Senate, be referred to the Committee on Military Affairs.

On motion by Mr. Hamlin,

Ordered, That the petition and papers of John Davis, on the flies of the Senate, be referred to the Committee on Pensions.

On motion by Mr. Cole,

Ordered, That the petition and papers of Louis Goldstone, on the files of the Senate, be referred to the Committee on Foreign Relations.

Mr. Cameron presented a petition of merchants of Philadelphia, praying compensation for spoliations committed by French cruisers prior to 1800; which was referred to the Committee on Foreign Relations.

On motion by Mr. Harlan,

Ordered, That the papers relating to the claim of Hiram W. Love, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Scott,

Ordered, That the Committee on Finance be discharged from the further consideration of the bill (S. 278) for the relief of William J. Patton, collector of the second collection district of Arkansas.

Mr. Morrill, of Vermont, from the Committee on Public Buildings and Grounds, to whom was referred the bill (S. 273) authorizing the Secretary of the Treasury to convey the United States branch mint at Dahlonega, Georgia, to the trustees of the North Georgia Agricultural College for educational purposes, reported it with an amendment.

Mr. Morrill, of Vermont, from the Committee on Public Buildings and 0076 76 Grounds, to whom was referred the bill (S. 205) to provide for the completion of the tympanum of the south wing of the Capitol building, reported it without amendment, and that it ought not to pass.

The Senate proceeded to consider the said bill as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

On motion by Mr. Morrill, of Vermont,

Ordered, That the said bill be postponed indefinitely.

Mr. Fenton, from the Committee on Finance, to whom was referred the joint resolution (H. R. 3) construing the act of July 14, 1870, entitled “An act to reduce internal taxes, and for other purposes,” so as to provide for the admission of animals specially imported for breeding purposes free of duty from the Dominion of Canada, reported it without amendment, and that it ought not to pass.

The Senate proceeded to consider the said joint resolution as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

On motion by Mr. Fenton,

Ordered, That the said bill be postponed indefinitely.

Mr. Trumbull, from the Committee on the Judiciary to whom was referred the bill (S. 257) to amend the act approved June 16, 1862, entitled “An act providing for the selection of jurors to serve in the several courts of the District of Columbia,” reported it with an amendment.

The Senate proceeded to consider the said bill as in Committee of the Whole; and the amendment reported by the Committee on the Judiciary having been agreed to, the bill was reported to the Senate, and the amendment concurred in.

Ordered, That the bill be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Ames, from the Committee on Finance, to whom was referred the bill (S. 29) amending an act to reduce internal taxes, and for other purposes, approved July 14, 1870, reported it without amendment.

The Senate proceeded to consider the said bill as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That the bill be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Pratt, from the Committee on Pensions, to whom was referred the petition of Phœbe Sofield, submitted a report thereon, accompanied by a bill (S. 296) granting a pension to Phœbe Sofield, widow of Lewis Sofield; which was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time, by unanimous consent.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Anthony, from the Committee on Printing, to whom was referred the resolution to print additional copies of the report of the Commissioner of Education, reported it without amendment.

0077 77

The Senate proceeded to consider the said resolution; and having been amended, on motion by Mr. Bayard, it was agreed to, as follows:

Resolved by the Senate, (the House of Representatives concurring,) That there be printed twenty thousand additional copies of the last report of the Commissioner of Education, of which five thousand copies shall be for the use of the Senate, ten thousand copies shall be for the use of the House of Representatives, and five thousand copies shall be for the use of the Bureau of Education: Provided, That that portion of the contents of page 103 entitled “Opinions of educators in the State,” and that portion of the contents of page 205 entitled “State Normal University,” be first expunged.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

Mr. Morrill, of Vermont, from the Committee on Public Buildings and Grounds, reported an amendment intended to be proposed to the bill (H. R. 19) making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes; which was referred to the Committee on Appropriations and ordered to be printed.

Mr. Patterson asked and, by unanimous consent, obtained leave to bring in the following bills; which were read the first and second times, by unanimous consent, referred to the Committee on the District of Columbia, and ordered to be printed:

S. 297. A bill to confer certain powers upon the Board of Public Works of the District of Columbia.

S. 298. A bill directing the conveyance of Certain lots of ground, with the improvements thereon, for the use of the public schools of the city of Washington.

S. 299. A bill amending an act entitled “An act directing the conveyance of a lot of ground for the use of the public schools of the city of Washington.”

Mr. Lewis asked and, by unanimous consent, obtained leave to bring in a bill (S. 300) to grant lands to the Shenandoah Valley Railroad Company to aid in the construction of said road; which was read the first and second times, by unanimous consent, referred to the Committee on Public Lands, and ordered to be printed.

Mr. Schurz asked and, by unanimous consent, obtained leave to bring in a bill (S. 301) to authorize the construction of a bridge across the Missouri River at or near St. Joseph, Missouri; which was read the first and second times, by unanimous consent, referred to the Committee on Post Offices and Post Roads, and ordered to be printed.

Mr. Harlan asked and, by unanimous consent, obtained leave to bring in a bill (S. 302) for the relief of Hiram W. Love, of the State of Iowa; which was read the first and second times, by unanimous consent, referred to the Committee on Claims, and ordered to be printed.

On motion by Mr. Pomeroy,

Ordered, That the Committee on Commerce be discharged from the further consideration of the bill (S. 49) authorizing the establishment of ocean mail steamship service between the United States and Australia; and that it be referred to the Committee on Post Offices and Post Roads.

On motion by Mr. Stewart,

The Senate proceeded to consider the resolution reported by the Committee on Privileges and Elections to admit George Goldthwaite and Foster Blodgett to seats in the Senate of the United States as Senators, respectively, from the States of Alabama and Georgia;

When

0078 78

Mr. Thurman called for a division of the question, so that it shall be taken first upon the admission of George Goldthwaite to his seat in the Senate as a Senator from the State of Alabama.

Pending debate,

Ordered, That the further consideration of the said resolution be postponed to to-morrow.

The resolution of the House of Representatives fixing a day for the adjournment of the present session of Congress was read; and

The Senate proceeded to consider the resolution; and

On motion by Mr. Hamlin to amend the resolution by striking out the word “twenty-third,” and inserting thirtieth,

On motion by Mr. Morton that the resolution lie on the table,

It was determined in the affirmative,

Yeas 30

Nays 23

On motion by Mr. Trumbull,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Buckingham, Cameron Chandler, Cole, Cragin, Ferry of Michigan, Frelinghuysen, Hamilton of Texas, Harlan, Morrill of Vermont, Morton, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Rice, Sawyer, Schurz, Scott, Sherman, Spencer, Stewart, Sumner, Wilson.

Those who voted in the negative are,

Messrs. Bayard, Blair, Caldwell, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Fenton, Gilbert, Hamilton of Maryland, Hamlin, Hill, Hitchcock, Johnston, Kellogg, Kelly, Saulsbury, Stockton, Thurman, Tipton, Trumbull, Vickers, Windom.

So the resolution was laid upon the table.

On motion by Mr. Bayard,

The Senate proceeded to consider the motion submitted by him on the 18th instant, that the Senate reconsider its vote on the passage of the bill (S. 209) to define a gross of matches, and for other purposes; and

On the question, Will the Senate reconsider its vote on the passage of the said bill?

It was determined in the affirmative.

The vote ordering the bill to be engrossed and read a third time was also reconsidered, and the bill ordered to be placed upon the calendar.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has passed the bill of the Senate (S. 130) to reëstablish the Office of surveyor at Eastport, Maine, with amendments, in which it requests the concurrence of the Senate.

The Speaker of the House of Representatives having signed an enrolled bill (H. R. 285 changed from joint resolution H. R. 29) and an enrolled joint resolution (H. R. 31) I am directed to bring them to the Senate for the signature of its President.

Mr. Lewis reported from the committee that they had examined and found duly enrolled the following bill and joint resolution:

H. R. 285. (Formerly joint resolution H. R. 29.) An act to authorize the commissioners to revise the statutes to print their reports.

H. R. 31. Joint resolution granting the right to erect a monument to Professor Morse on a Government reservation.

The Vice-President signed the enrolled bill (H. R. 285) and the enrolled joint resolution (H. R. 31) last reported to have been examined, and they were delivered to the committee to be presented to the President of the United States.

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The Senate resumed the consideration of the resolution submitted by Mr. Anthony, prescribing the legislative business to be considered by the Senate during the present session; and

Mr. Sawyer having withdrawn the amendment proposed by him to the amendment of Mr. Sherman,

After debate,

On the question to agree to the amendment proposed by Mr. Sherman to the resolution, viz: Insert at the end thereof the following:

And the report that may be made by the Committee on the Judiciary on that subject;

It was determined in the affirmative,

Yeas 31

Nays 18

On motion by Mr. Trumbull,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Boreman, Brownlow, Buckingham, Chandler, Cole, Cragin, Fenton, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Harlan, Howe, Kellogg, Morrill of Vermont, Morton, Osborn, Pomeroy, Pool, Pratt, Ramsey, Rice, Sawyer, Scott, Sherman, Spencer, Sumner, Wilson, Wright.

Those who voted in the negative are,

Messrs. Bayard, Blair, Caldwell, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Johnston, Kelly, Saulsbury, Stevenson, Stockton, Thurman, Tipton, Trumbull, Vickers, Windom.

So the amendment of Mr. Sherman was agreed to.

On motion by Mr. Thurman that the resolution lie on the table,

It was determined in the negative,

Yeas 13

Nays 38

On motion by Mr. Thurman,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Hamilton of Maryland, Johnston, Kelly, Saulsbury, Stevenson, Stockton, Thurman, Vickers.

Those who voted in the negative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Buckingham, Caldwell, Chandler, Cole, Conkling, Cragin, Fenton, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Harlan, Hitchcock, Howe, Logan, Morrill of Vermont, Morton, Osborn, Pomeroy, Pool, Pratt, Ramsey, Rice, Sawyer, Scott, Sherman, Spencer, Stewart, Tipton, West, Wilson, Windom, Wright.

So the motion was not agreed to.

On motion by Mr. Trumbull to further amend the resolution by inserting at the end thereof the following words: and the joint resolution of the House of Representatives (H. R. 27 ) to repeal the duty upon coal;

On motion by Mr. Hamilton, of Maryland to amend the amendment by inserting at the end thereof the words, and the subject of revenue reform and the tariff generally;

It was determined in the negative,

Yeas 15

Nays 37

On motion by Mr. Hamilton, of Maryland,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Howe, Johnston, Kelly, Saulsbury, Stevenson, Stockton, Thurman, Vickers.

0080 80

Those who voted in the negative are,

Messrs. Ames, Boreman, Brownlow, Buckingham, Caldwell, Chandler, Cole, Conkling, Cragin, Fenton, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Harlan, Hill, Hitchcock, Kellogg, Logan, Morrill of Vermont, Osborn, Patterson, Pool, Pratt, Ramsey, Rice, Sawyer, Schurz, Scott, Sherman, Sumner, Trumbull, West, Wilson, Windom, Wright,

So the amendment of Mr. Hamilton, of Maryland, to the amendment of Mr. Trumbull was not agreed to.

On motion of Mr. Morrill, of Vermont, to amend the amendment of Mr. Trumbull by inserting at the end thereof the following: Provided, That the repeal of the duty on coal shall only apply to such States in foreign dominions as shall give satisfactory assurances to the President of the United States of a willingness to be annexed to the United States;

It was determined in the negative.

On motion by Mr. Robertson to amend the amendment proposed by Mr. Trumbull by inserting at the end the words, and on salt;

It was determined in the affirmative.

On motion by Mr. Vickers to further amend the amendment of Mr. Trumbull by inserting at the end the words, and on tea and coffee;

It was determined in the affirmative.

On motion by Mr. Davis, of West Virginia, to further amend the amendment of Mr. Trumbull by inserting at the end the words, and also a proposition to abolish the duty on sugar;

It was determined in the negative,

Yeas 17

Nays 32

On motion by Mr. Trumbull,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Brownlow, Chandler, Davis of West Virginia, Ferry of Michigan, Hamilton of Maryland, Harlan, Lewis, Morrill of Vermont, Morton, Pratt, Ramsey, Rice, Scott, Vickers, Wright.

Those who voted in the negative are,

Messrs. Bayard, Blair, Buckingham, Caldwell, Casserly, Cole, Cooper, Davis of Kentucky, Hamilton of Texas, Hamlin, Hill, Hitchcock, Howe, Johnston, Kellogg, Kelly, Logan, Osborn, Patterson, Pomeroy, Pool, Robertson, Schurz, Stevenson, Stewart, Stockton, Sumner, Thurman, Tipton, Trumbull, Wilson, Wright.

So the amendment of Mr. Davis, of West Virginia, to the amendment was not agreed to.

On motion by Mr. Casserly to further amend the amendment by inserting at the end thereof the words, and also all bills relating to the repeal of the income tax;

The yeas were 27, and the nays were 27.

On motion by Mr. Trumbull,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Bayard, Buckingham, Caldwell, Casserly, Chandler, Cole, Conkling, Davis of Kentucky, Davis of West Virginia, Fenton, Frelinghuysen, Hamilton of Maryland, Kelly, Lewis, Pool, Rice, Robertson, Saulsbury, Scott, Stevenson, Stewart, Stockton, Thurman, Vickers, West.

Those who voted in the negative are,

Messrs. Blair, Brownlow, Cooper, Cragin, Ferry of Michigan, Hamilton of Texas, Hamlin, Harlan, Hill, Hitchcock, Howe, Johnston, Logan, 0081 81 Morrill of Vermont, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Sawyer, Sherman, Spencer, Tipton, Trumbull, Wilson, Windom, Wright.

The Senate being equally divided,

The Vice-President voted in the negative.

So the amendment to the amendment was not agreed to; and

On the question to agree to the amendment of Mr. Trumbull as amended,

It was determined in the negative,

Yeas 23

Nays 33

On motion by Mr. Trumbull,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Hamilton of Texas, Hitchcock, Johnston, Kellogg, Kelly, Logan, Patterson, Robertson, Saulsbury, Schurz, Stevenson, Stockton, Sumner, Thurman, Tipton, Trumbull, Wilson, Windom.

Those who voted in the negative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Buckingham, Caldwell, Cameron, Chandler, Cole, Conkling, Cragin, Davis of West Virginia, Fenton, Ferry of Michigan, Frelinghuysen, Hamilton of Maryland, Hamlin, Howe, Lewis, Morrill of Vermont, Morton, Osborn, Pool, Pratt, Ramsey, Rice, Sawyer, Scott, Sherman, Stewart, Vickers, West, Wright.

So the amendment of Mr. Trumbull, as amended, was not agreed to.

On motion by Mr. Sumner to further amend the resolution by inserting at the end the words, and also the bill ( S. 99) to amend “An act to protect all persons in the United States in their civil rights and to furnish the means of their vindication,” passed April 10, 1866.

It was determined in the negative.

On motion by Mr. Frelinghuysen to further amend the resolution by inserting at the end of the resolution the words, and the bill ( S. 276) to promote the collection of internal revenue;

On motion by Mr. Thurman to amend the amendment of Mr. Frelinghuysen by inserting after the word “revenue” the words, and the bill of the House of Representatives ( H. R. 173) to repeal duties on salt,

It was determined in the negative,

Yeas 19

Nays 32

On motion by Mr. Trumbull,

The yeas and nays being desired by one fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Hamilton of Texas, Harlan, Hitchcock, Johnston, Kelly, Logan, Robertson, Saulsbury, Stevenson, Stockton, Sumner, Thurman, Trumbull, Windom.

Those who voted in the negative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Buckingham, Caldwell, Cameron, Chandler, Cole, Conkling, Cragin, Fenton, Ferry of Michigan, Frelinghuysen, Gilbert, Hamlin, Morrill of Maine, Morrill of Vermont, Morton, Osborn, Pomeroy, Pool, Pratt, Rice, Sawyer, Scott, Sherman, Stewart, Tipton, West, Wilson, Wright.

So the amendment of Mr. Thurman to the amendment of Mr. Frelinghuysen was not agreed to.

On motion by Mr. Blair to amend the amendment of Mr. Frelinghuysen by inserting at the end thereof the words, and the joint resolution of the House of Representatives ( H. R. 27) to repeal the duty upon coal,

It was determined in the negative,

Yeas 24

Nays 26 6*

0082 82

On motion by Mr. Blair,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Brownlow, Casserly, Cooper, Davis of Kentucky, Hamilton of Texas, Harlan, Hill, Hitchcock, Johnston, Kellogg, Kelly, Logan, Robertson, Saulsbury, Sawyer, Stevenson, Stockton, Sumner, Thurman, Tipton, Trumbull, Windom.

Those who voted in the negative are,

Messrs. Ames, Boreman, Buckingham, Caldwell, Cameron, Chandler, Davis of West Virginia, Ferry of Michigan, Frelinghuysen, Hamilton of Maryland, Howe, Lewis, Morrill of Vermont, Morton, Osborn, Pool, Pratt, Ramsey, Rice, Scott, Sherman, Stewart, Vickers, West, Wilson, Wright.

So the amendment of Mr. Blair to the amendment of Mr. Frelinghuysen was not agreed to.

On motion by Mr. Tipton to amend the amendment by inserting at the end thereof the following: And the bill of the Senate ( S. 23) to enable honorably discharged soldiers and sailors, their widows and orphan children, to acquire homesteads on the public lands of the United States;

It was determined in the negative,

Yeas 21

Nays 27

On motion by Mr. Tipton,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Harlan, Kelly, Logan, Rice, Saulsbury, Stevenson, Stockton, Sumner, Thurman, Tipton, Trumbull, Vickers, Wilson, Windom.

Those who voted in the negative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Buckingham, Caldwell, Cameron, Chandler, Cole, Conkling, Cragin, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Howe, Lewis, Morrill of Vermont, Osborn, Pool, Pratt, Sawyer, Scott, Sherman, Stewart, West, Wright.

So the amendment of Mr. Tipton to the amendment of Mr. Frelinghuysen was not agreed to; and

On the question to agree to the amendment proposed by Mr. Frelinghuysen,

It was determined in the negative.

On motion by Mr. Sawyer to further amend the resolution by inserting at the end thereof the following: And the bill of the Senate (S. 5 ) to relieve all persons engaged in the rebellion from the disability imposed by the fourteenth amendment of the Constitution, with certain exceptions;

It was determined in the negative,

Yeas 21

Nays 31

On motion by Mr. Trumbull,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Hill, Johnston, Kelly, Robertson, Saulsbury, Sawyer, Spencer, Stevenson, Stockton, Thurman, Tipton, Trumbull, Vickers, Wilson.

Those who voted in the negative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Caldwell, Cameron, Chandler, Cole, Conkling, Fenton, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Harlan, Howe, Lewis, Logan, 0083 83 Morrill of Vermont, Morton, Osborn, Patterson, Pratt, Ramsey, Rice, Scott, Sherman, Sumner, Windom, Wright.

So the amendment of Mr. Sawyer was not agreed to.

On motion by Mr. Casserly to further amend the resolution by inserting at the end the following: And all bills and joint or concurrent resolution which may be sent to the Senate for its action by the House of Representatives, and which are of a general nature;

It was determined in the negative,

Yeas 14

Nays 33

On motion by Mr. Casserly,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Johnston, Kelly, Saulsbury, Stevenson, Stockton, Sumner, Thurman, Tipton, Trumbull.

Those who voted in the negative are,

Messrs. Ames, Boreman, Brownlow, Buckingham, Caldwell, Chandler, Cole, Conkling, Davis of West Virginia, Fenton, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Harlan, Hitchcock, Morrill of Vermont, Morton, Osborn, Patterson, Pool, Pratt, Ramsey, Rice, Sawyer, Scott, Sherman, Stewart, Vickers, Wilson, Wisdom, Wright.

So the amendment of Mr. Casserly was not agreed to.

No further amendment being proposed to the resolution,

On the question to agree to the resolution as amended,

It was determined in the affirmative,

Yeas 36

Nays 18

On motion by Mr. Blair,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Caldwell, Cameron, Chandler, Cole, Conkling, Cragin, Fenton, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Harlan, Hitchcock, Howe, Lewis, Morrill of Vermont, Morton, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Sawyer, Scott, Sherman, Spencer, Stewart, West, Wilson, Wright

Those who voted in the negative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Johnston, Kelly, Saulsbury, Stevenson, Stockton, Sumner, Thurman, Tipton, Trumbull, Vickers, Windom.

So it was,

Resolved, That the Senate will consider at the present session no other legislative business than the deficiency appropriation billy the concurrent resolution for a joint committee of investigation into the condition of the States lately in insurrection, and the resolution now pending instructing the Committee on the Judiciary to report a bill or bills that will enable the President and the courts of the United States to execute the laws in said States, and the report that may be made by the Committee on the Judiciary on that subject.

On motion by Mr. Sherman,

The Senate proceeded to consider the resolution submitted by him on the 16th instant, which he had modified to read as follows:

Resolved, That as organized bands of lawless and desperate men, mainly composed of soldiers of the late rebel armies, armed, disciplined, and disguised, and bound by oaths and secret obligations, are proven to 0084 84 exist in the State of North Carolina, and have, by force, terror, and violence, defied civil authority in that State, and by organized perjury have rendered the courts powerless to punish the crimes they have committed, thus overthrowing the safety of person and property, and the rights which are the primary basis of all civil government, and which are guaranteed by the Constitution of the United States to all its citizens; and as there is good reason to believe that similar organization exist, and have produced similar results, in many parts of the late insurrectionary States; therefore, the Judiciary Committee is instructed to report a bill or bills to enable the President and the courts of the United States to execute the laws, punish and prevent such organized violence, and secure to all citizens the rights so guaranteed to them.

Pending debate thereon,

On motion by Mr. Pool,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened; and

The Senate adjourned.

THURSDAY, March 23, 1871. Link to Annals.

Mr. Pool presented the petition of Amaryllis Ellis, administrator of George Ellis, deceased, praying compensation for spoliations committed by French cruisers prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Stevenson presented the petition of Harriet Barney, praying compensation for spoliations committed by French cruisers prior to 1800; which was referred to the Committee on Foreign Relations.

Mr. Frelinghuysen presented a resolution of the legislature of New Jersey, in favor of an appropriation for life-saving stations on the coast of that State; which was referred to the Committee on Commerce and ordered to be printed.

Mr. Logan presented the petition of Charles D. Arter, praying compensation for the use and destruction of property by United States troops at Cairo, Illinois, during the late war; which was referred to the Committee on Claims.

Mr. Tipton presented a memorial of the legislature of Nebraska, in favor of the passage of a law reserving the south half of all sections of the public land in that State exclusively for homestead settlers and preëmptors; which was referred to the Committee on Public Lands.

Mr. Brownlow presented the petition of A. M. Cate and others, praying compensation for services rendered and loss of property sustained by him, in East Tennessee, in 1861; which was referred to the Committee on Military Affairs.

On motion by Mr. Morrill, of Vermont,

Ordered, That Richard Cruikshank have to withdraw his petition and papers from the files of the Senate.

On motion by Mr. Wright,

Ordered, That the Committee on Finance be discharged from the further consideration of the petition of Bernard Hess, and that it be referred to the Committee on Claims.

On motion by Mr. Wright,

Ordered, That William T. Stotts have leave to withdraw his petition and papers from the files of the Senate.

The following message was received from the President of the United States, by Mr. Porter, his secretary:

0085 85

To the Senate and House of Representatives:

A condition of affairs now exists in some of the States of the Union rendering life and property insecure, and the carrying of the mails and the collection of the revenue dangerous.

The proof that such a condition of affairs exists in some localities is now before the Senate. That the power to correct these evils is beyond the control of the State authorities I do not doubt. That the power of the Executive of the United States, acting within the limits of existing laws, is sufficient for present emergencies is not clear.

Therefore, I urgently recommend such legislation as in the judgment of Congress shall effectually secure life, liberty, and property in all parts of the United States.

It may be expedient to provide that such law as shall be passed in pursuance of this recommendation shall expire at the end of the next session of Congress.

There is no other subject on which I would recommend legislation during the present session.

U. S. GRANT.

Washington, D. C., March 23, 1871.

The message was read.

Ordered, That it lie on the table and be printed,

The Vice-President laid before the Senate a letter of the Postmaster General, communicating, in compliance with a resolution of the Senate of the 20th instant, copies of the bids and awards, and other information in regard to the mail-letting, in March, 1870, on route No. 17,401, from Santa Fé to El Paso, New Mexico; which was referred to the Committee on Post Offices and Post Roads and ordered to be printed.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has passed the following resolution, in which it requests the concurrence of the Senate:

Whereas the Senate has adopted a resolution declaring “that the Senate will consider at the present session no other legislative business than the deficiency appropriation bill, the concurrent resolution for a joint committee of investigation into the condition of the States lately in insurrection, and the resolution now pending instructing the Committee on the Judiciary to report a bill or bills that will enable the President and the courts of the United States to execute the laws in the said States, and the report that may be made by the Committee on the Judiciary on that subject,” thereby refusing to consider any business which may originate in the House of Representatives: Therefore,

Resolved, (the Senate permitting,) That this House will adjourn, when it adjourns on Monday next, until the first Monday of December next, at 11 o'clock p. m.

The House of Representatives has passed the bill of the Senate (S. 245) amendatory of an act authorizing the construction of a bridge across the Arkansas River, with an amendment, in which it requests the concurrence of the Senate; and

It has passed a joint resolution (H. R. 42) giving the consent of Congress to Professor Joseph Henry, secretary of the Smithsonian Institution, to accept the title and regalia of a commander of the Royal Norwegian Order of St. Olaf, conferred upon him by the King of Sweden and Norway, grand master of said order, in which it requests the concurrence of the Senate.

Mr. Wright rose to make a report from the Committee on Finance; when

0086 86

The Presiding Officer (Mr. Anthony in the chair) stated that, in the apprehension of the Chair, in view of the order yesterday adopted by the Senate the report would not be in order, and could only be received by unanimous consent.

Mr. Wright thereupon asked unanimous consent to submit his report; and the same being granted,

Mr. Wright, from the Committee on Finance, to whom was referred the joint resolution (H. R. 28) for the relief of Robert Moir and Company, reported it without amendment.

Mr. Pomeroy asked and, by unanimous consent, obtained leave to bring in a bill (S. 303) to amend an act approved February 28, 1795, and to authorize the President at his discretion to declare martial law in certain cases; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Cole asked the unanimous consent of the Senate for leave to introduce a bill; and, objection being made to the introduction of the bill as being in violation of the order of the Senate of yesterday,

The Presiding Officer (Mr. Anthony in the chair) here stated that the call for petitions having been concluded, in the opinion of the Chair, under the resolution of yesterday prescribing the legislative business to be considered by the Senate, the regular order, which is the bill (H. R. 19) making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes, is now before the Senate.

Mr. Sumner here rose to submit a resolution, and inquired of the Chair if Senate resolutions were not in order.

The Presiding Officer stated that resolutions of a legislative character, or directing, or looking to legislation, would not be in order.

Mr. Cole having called for the regular order,

Mr. Sumner sent to the desk a resolution which he asked to have read and printed.

Objection being raised to the reception of the resolution,

Pending debate thereon,

The Presiding Officer announced that the morning hour had expired and the hour of 1 o'clock had arrived, and called up the unfinished business of the Senate at its adjournment yesterday, which was the resolution submitted by Mr. Sherman, on the 16th instant, (and subsequently modified,) instructing the Committee on the Judiciary to report a bill or bills for the protection of life and property by enforcement of the laws in North Carolina, and other late insurrectionary States; and

The Senate resumed the consideration of the said resolution submitted by Mr. Sherman, on the 16th instant, (and subsequently modified by him,) instructing the Committee on the Judiciary to report a bill for the suppression of organized bands of lawless men in the late insurrectionary States.

After debate,

On motion by Mr. Cole to postpone the further consideration of the said resolution, and that the Senate proceed to the consideration of the bill (H. R. 19) making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes;

On motion by Mr. Conkling,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened, and

The Senate adjourned.

0087 87
FRIDAY, March 24, 1871. Link to Annals.

The Senate proceeded, by unanimous consent, to consider the amendments of the House of Representatives to the bill of the Senate (S. 130) to reestablish the office of surveyor at Eastport, Maine; and

On motion by Mr. Morrill, of Maine,

Resolved, That the Senate agree to the amendments of the House of Representatives to the said bill.

Ordered, That the Secretary notify the House of Representatives thereof.

The Senate proceeded to consider the resolution of the House of Representatives, providing that when the House of Representatives adjourns on Monday next, it be until the first Monday of December next; and

On motion by Mr. Edmunds,

Ordered, That the resolution lie on the table.

Mr. Conkling presented the petition of Sarah A. S. Bowers, and a petition of merchants of the city of New York, praying compensation for spoliations committed by French cruisers prior to 1800.

Ordered, That they lie on the table.

Mr. Conkling presented the petition of William H. Ward, praying compensation for the use of his patent bullet machine by the United States.

Ordered, That it lie on the table.

Mr. Conkling presented resolutions of the New York County Council of the Union League of America, in favor of requiring all elections for Congressmen and presidential electors to be held on the same day of the elections in the several States for State officers.

Ordered, That they lie on the table.

Mr. Corbett presented the petition of the Willamette Valley and Cascade Mountain Wagon Road Company, praying an extension of time for the completion of their road; which was referred, by unanimous consent, to the Committee on Public Lands.

On motion by Mr. Morrill, of Vermont,

Ordered, That Mary C. Lane have leave to withdraw her petition and papers from the files of the Senate.

On motion by Mr. Sawyer,

Ordered, That the petition and papers of Rebecca S. Harrison, on the files of the Senate, be referred to the Committee on Pensions; and that Elijah Peele have leave to withdraw his petition and papers from the files of the Senate.

On motion by Mr. Pratt,

Ordered, That Celia Tweed have leave to withdraw her petition and papers from the files of the Senate.

On motion by Mr. Harlan,

Ordered, That John Butler Chapman have leave to withdraw his petition and papers from the files of the Senate.

The joint resolution (H. R. 42) giving the consent of Congress to Professor Joseph Henry, Secretary of the Smithsonian Institution, to accept the title and regalia of a commander of the Royal Norwegian Order of St. Olaf, conferred upon him by the King of Sweden and Norway, grand master of said order, yesterday received from the House of Representatives for concurrence, was read.

Ordered, That it lie on the table.

The amendments of the House of Representatives to the bill of the Senate (S. 245) amendatory of an act authorizing the construction of a bridge across the Arkansas River, were read.

0088 88

Ordered, That they lie on the table.

Mr. Wilson, on his own motion, was excused from further service upon the Committee on the Pacific Railroad.

Ordered, That the Vice-President appoint a Senator to fill the vacancy in the said committee; and

The Vice-President appointed Mr. Logan.

The call for petitions having been concluded, Mr. Sumner rose to submit a resolution which he sent to the Chair to have read.

Mr. Conkling objected to the reading of the resolution, and raised a question of order, viz: That under the order of the Senate adopted on the 22d instant, the resolution could not be read to the Senate.

The Vice-President overruled the point of order made by Mr. Conkling, and directed the Secretary to report the resolution at length for the information of the Senate; whereupon

The resolution was read by the Secretary; when

Mr. Conkling made the further point of order, viz: That the resolution was excluded by the order adopted by the Senate prescribing the legislative business so be considered by the Senate, and could not be received.

The Vice-President submitted the point of order to the decision of the Senate, viz: Shall the resolution be received?

After debate,

On motion by Mr. Sherman that the question of order be laid on the table,

It was determined in the affirmative,

Yeas 29

Nays 25

On motion by Mr. Sumner,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Boreman, Brownlow, Buckingham, Caldwell, Cameron, Chandler, Cole, Conkling, Corbett, Edmunds, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Harlan, Hill, Hitchcock, Howe, Morton, Osborn, Pomeroy, Pool, Pratt, Rice, Sawyer, Sherman, West, Windom, Wright.

Those who voted in the negative are,

Messrs. Bayard, Blair, Casserly, Cooper, Cragin, Davis of Kentucky, Davis of West Virginia, Fenton, Hamilton of Maryland, Hamlin, Johnston, Kelly, Morrill of Vermont, Patterson, Robertson, Saulsbury, Schurz, Spencer, Stevenson, Stockton, Sumner, Thurman, Tipton, Vickers, Wilson.

So the question of order was laid upon the table.

The Vice-President then called up the unfinished business of the Senate at its adjournment yesterday, which was the resolution of Mr. Sherman instructing the Committee on the Judiciary to report a bill or bills to enable the President and courts of the United States to execute the laws and to punish and prevent organized violence, and secure to the citizens of North Carolina and other late insurrectionary States the rights guaranteed to them by the Constitution of the United States.

On motion by Mr. Cole to postpone the unfinished business until to-morrow, and that the Senate proceed to the consideration of the bill (H. R. 19) making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes,

It was determined in the affirmative,

Yeas 26

Nays 22

On motion by Mr. Cole,

The yeas and nays being desired by one-fifth of the Senators present,

0089 89

Those who voted in the affirmative are,

Messrs, Anthony, Bayard, Blair, Caldwell, Casserly, Cole, Cooper, Corbett, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Hill, Johnston, Kelly, Morrill of Vermont, Ramsey, Saulsbury, Schurz, Stevenson, Stockton, Sumner, Thurman, Tipton, Wilson, Windom, Wright.

Those who voted in the negative are,

Messrs. Boreman, Brownlow, Buckingham, Chandler, Conkling, Ferry of Michigan, Frelinghuysen, Gilbert, Hamlin, Harlan, Hitchcock, Morton, Osborn, Patterson, Pomeroy, Pool, Pratt, Robertson, Scott, Sherman, Spencer, West.

So the motion of Mr. Cole was agreed to.

Mr. Sumner then asked the unanimous consent of the Senate for leave to submit a resolution, and the same having been granted,

Mr. Sumner submitted the following resolution; which was read and ordered to be printed:

Whereas any negotiation by one nation with a people inferior in population and power, having in view the acquisition of territory, should be above all suspicion of influence from superior force, and in testimony to this principle Spain boasted that the reincorporation of Dominica with her monarchy in 1861 was accomplished without the presence of a single Spanish ship on the coast, or a Spanish soldier on the land, all of which appears in official documents; and whereas the United States being a republic, founded on the rights of man, cannot depart from such a principle and such a precedent without weakening the obligations of justice between nations, and inflicting a blow upon republican institutions: Therefore,

1. Resolved, That in obedience to correct principle, and that republican institutions may not suffer, the naval forces of the United States should be withdrawn from the coasts of St. Domingo during the pendency of negotiations for the acquisition of any part of that island.

2. Resolved, That every sentiment of justice is disturbed by the employment of foreign force in the maintenance of a ruler engaged in selling his country, and this moral repugnance is increased when it is known that the attempted sale is in violation of the constitution of the country to be sold; that, therefore, the employment of our Navy to maintain Baez in usurped power while attempting to sell his country to the United States, in open violation of the Dominican constitution, is morally wrong, and any transaction founded upon it must be null and void.

3. Resolved, That since the equality of all nations, without regard to population, size, or power, is an axiom of international law, as the equality of all men is an axiom of our Declaration of Independence, nothing can be done to a small or weak nation that would not be done to a large or powerful nation, or that we would not allow to be done to ourselves; and, therefore, any treatment of the republic of Hayti by the Navy of the United States inconsistent with this principle is an infraction of international law in one of its great safeguards, and should be disavowed by the Government of the United States.

4. Resolved, That since certain naval officers of the United States, commanding large war ships, including the monitor Dictator and the frigate Severn, with powerful armaments, acting under instructions from the Executive and without the authority of an act of Congress, have entered one or more ports of the republic of Hayti, a friendly nation, and under the menace of open and instant war have coerced and restrained that republic in its sovereignty and independence under international law; therefore, in justice to the republic of Hayti, also 0090 90 in recognition of its equal rights in the family of nations, and in deference to the fundamental principles of our institutions, these hostile acts should be disavowed by the Government of the United States.

5. Resolved, That under the Constitution of the United States the power to declare war is placed under the safeguard of an act of Congress; that the President alone cannot declare war; that this is a peculiar principle of our Government by which it is distinguished from monarchical governments, where power to declare war, as also the treaty making power, is in the executive alone; that, in pursuance of this principle, the President cannot, by any act of his own, as by an unratified treaty, obtain any such power, and thus divest Congress of its control; and that, therefore, the employment of the Navy without the authority of Congress in acts of hostility against a friendly foreign nation, or in belligerent intervention in the affairs of a foreign nation, is an infraction of the Constitution of the United States and a usurpation of power not conferred upon the President.

6. Resolved, That while the President, without any previous declaration of war by act of Congress, may defend the country against invasion by foreign enemies, he is not justified in exercising the same power in an outlying foreign island, which has not yet become part of the United States; that a title under an unratified treaty is at most inchoate and contingent, while it is created by the President alone, in which respect it differs from any such title created by act of Congress; and since it is created by the President alone, without the support of law, whether in legislation or a ratified treaty, the employment of the Navy in the maintenance of the Government there is without any excuse of national defense, as also without any excuse of a previous declaration of war by Congress.

7. Resolved, That in any proceedings for the acquisition of part of the island of St. Domingo, whatever may be its temptations of soil, climate, and productions, there must be no exercise of influence by superior force, nor any violation of public law, whether international or constitutional; and, therefore, the present proceedings, which have been conducted at great cost of money, under the constant shadow of superior force, and through the belligerent intervention of our Navy, acting in violation of international law, and initiating war without an act of Congress, must be abandoned, to the end that justice may be maintained, and that proceedings so adverse to correct principles may not become an example for the future.

8. Resolved, That instead of seeking to acquire part of the island of St. Domingo by belligerent intervention, without the authority of an act of Congress, it would have been in better accord with the principles of our republic, and its mission of peace and beneficence, had our Government, in the spirit of good neighborhood and by friendly appeal, instead of belligerent intervention, striven for the establishment of tranquillity throughout the whole island, so that the internal dissensions of Dominica and its disturbed relations with Hayti might be brought to a close, thus obtaining that security which is the first condition of prosperity, all of which, being in the nature of good offices, would have been without any violation of international law, and without any usurpation of war powers under the Constitution of the United States.

Mr. Sawyer asked and, by unanimous consent, obtained leave to bring in a bill (S. 304) to repeal part of a clause in the first section of “An act making appropriations for the legislative, executive, and judicial expenses of the Government for the year ending June 30, 1871,” approved July 12, 1870; which was read the first and second times, by unanimous 0091 91 consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Anthony submitted the following resolution for consideration:

Resolved, That no amendment to the pending bill “making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes,” shall be received, unless its object be to supply a deficiency in the appropriations for the current fiscal year, or for the fiscal year ending June 30, 1872.

A message from the President of the United States, by Mr. Porter, his secretary:

Mr. President: The President of the United States this day approved and signed the following acts:

S. 74. An act relating to moneys paid into the courts of the United States.

S. 119. An act to further regulate the publication of the specifications and drawings of the Patent Office.

S. 244. An act relating to condemned cannon for a cemetery at San Francisco.

Ordered, That the Secretary notify the House of Representatives thereof.

The Senate then resumed, as in Committee of the Whole, the consideration of the bill (H. R. 19) making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes; and the bill having been further amended,

On motion by Mr. Pomeroy to further amend the bill by inserting on page 4, after line 34, the following: To enable the Secretary of War to enlarge the military depot at Fort Leavenworth, Kansas, to meet the necessities of the public service, three hundred and fifty thousand dollars, to be expended under the direction of the Secretary of War;

After debate,

On motion by Mr. Thurman to amend the amendment of Mr. Pomeroy by inserting at the end thereof the following: Such enlargement to be built of marble or Seneca stone, in the discretion of the Secretary of War, and no iron not of American manufacture to be used;

On motion by Mr. Morrill, of Vermont, that the amendment lie on the table,

It was determined in the negative,

Yeas 18

Nays 22

On motion by Mr. Pomeroy,

The yeas and nays being desired by one-fifth of the members present,

Those who voted in the affirmative are,

Messrs. Chandler, Cole, Corbett, Davis of Kentucky, Davis of West Virginia, Gilbert, Hamilton of Maryland, Hamilton of Texas, Morrill of Vermont, Osborn, Pool, Pratt, Sawyer, Sherman, Stevenson, Thurman, Trumbull, Vickers.

Those who voted in the negative are,

Messrs. Blair, Brownlow, Caldwell, Casserly, Conkling, Cooper, Cragin, Ferry, Frelinghuysen, Harlan, Hill, Hitchcock, Kellogg, Logan, Pomeroy, Rice, Stockton, Sumner, Tipton, West, Windom, Wright.

So the amendment was not laid upon the table; and

Pending debate,

On motion by Mr. Morton,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened, and

The Senate adjourned.

0092 92
SATURDAY, March 25, 1871. Link to Annals.

Mr. Rice presented the credentials of Powell Clayton, elected a Senator in Congress by the general assembly of the State of Arkansas for the term of six years commencing on the 4th day of March, 1871.

The credentials were read, and the oaths prescribed by law were administered to Mr. Clayton by the Vice-President, and he took his seat in the Senate.

The Vice-President laid before the Senate the petition of Charles B. Stewart, of Texas, praying the removal of his political disabilities.

Ordered, That it lie on the table.

Mr. Boreman presented resolutions of the legislature of West Virginia, in favor of the removal of all political disabilities imposed by the fourteenth article of the amendment to the Constitution of the United States.

Ordered, That they lie on the table.

Mr. Vickers presented the petition of John Claypoole, praying compensation for spoliations committed by French cruisers prior to 1800.

Ordered, That it lie on the table.

On motion by Mr. Blair,

Ordered, That Mrs. Louisa Kearney have leave to withdraw her petition and papers from the files of the Senate.

Mr. Wright submitted the following resolution for consideration:

Resolved, That the Committee on the Revision of the Rules be instructed to inquire what further action, if any, is necessary to cut off irrelevant amendments to appropriation bills, whether general or otherwise, with a view of restricting such bills to their obvious and legitimate objects, and that they report thereon at as early a day as practicable by an additional rule, or rules, or otherwise.

Mr. Sumner submitted the following resolution for consideration:

Resolved, That the Secretary of the Navy be directed to communicate to the Senate an account of the expenditures incurred in the support and navigation of the several ships already reported to the Senate by the Secretary as employed on the coast of St. Domingo since the beginning of negotiations for the acquisition of part of that island, setting forth the expenditures on account of each ship, and the sum total taken from the annual naval appropriations on account of all these ships.

The Senate proceeded, by unanimous consent, to consider the said resolution; and

On motion by Mr. Conkling to amend the said resolution by adding at the end thereof the following Words: And that the Secretary also report to the Senate how much, if any, such expenditures are greater than would have been incurred had such skips been in service elsewhere; and also how many vessels are usually in service in waters adjacent to the West Indies;

Ordered, That the further consideration of the resolution be postponed to to-morrow.

Mr. Anthony submitted the following amendment intended to be proposed to the resolution adopted by the Senate on the 22d instant prescribing the legislative business to be considered by the Senate during the present session, viz, at the end of the resolution insert: And any bill that maybe sent to the Senate from the House of Representatives on the same subject.

On motion by Mr. Trumbull, and by unanimous consent,

The Senate proceeded to consider, as in Committee of the Whole, the joint resolution (H. R. 28) for the relief of Robert Moir & Co.; and the 0093 93 resolution having been amended, it was reported to the Senate, and the amendment was concurred in.

Ordered, That the amendment be engrossed and the resolution read a third time.

The said resolution, as amended, was read the third time.

Resolved, That it pass, and that the title be amended to read “An act for the relief of Robert Moir & Co.”

Ordered, That the Secretary request the concurrence of the House of Representatives in the amendment.

On motion by Mr. Stewart,

The Senate resumed the consideration of the resolution reported by the Committee on Privileges and Elections to admit George Goldthwaite and Foster Blodgett to seats in the Senate of the United States as Senators respectively from the States of Alabama and Georgia; and

After debate,

Ordered, That the further consideration of the said resolution be postponed to to-morrow.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 19) making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes; and

Mr. Thurman having withdrawn his amendment to the amendment proposed by Mr. Pomeroy,

The question recurred on agreeing to the amendment of Mr. Pomeroy.

After debate,

Mr. Pomeroy having modified his amendment, at the suggestion of Mr. Logan, by reducing the amount therein named from “three hundred and fifty thousand dollars” to two hundred and fifty thousand dollars,

After further debate,

On motion by Mr. Cole that the amendment lie on the table,

It was determined in the affirmative,

Yeas 24

Nays 23

On motion by Mr. Pomeroy,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Anthony, Boreman, Buckingham, Cole, Corbett, Cragin, Davis of Kentucky, Davis of West Virginia, Edmunds, Gilbert, Hamilton of Maryland, Hamilton of Texas, Hamlin, Kelly, Morrill of Vermont, Patterson, Pratt, Sherman, Stevenson, Thurman, Tipton, Trumbull, Vickers, Wright.

Those who voted in the negative are,

Messrs. Blair, Brownlow, Caldwell, Casserly, Chandler, Clayton, Ferry of Michigan, Frelinghuysen, Harlan, Hill, Hitchcock, Johnston, Kellogg, Logan, Morton, Pomeroy, Ramsey, Rice, Schurz, Stewart, Stockton, Sumner, West.

So the amendment was ordered to lie on the table.

The bill having been further amended, it was reported to the Senate; and the amendments made in Committee of the Whole having been concurred in in part, and in part amended and concurred in,

On motion by Mr. Caldwell to amend the bill on page 4 by inserting after line 34 the following: To enable the Secretary of War to enlarge the military depot at Fort Leavenworth, Kansas, to meet the necessities of the public service, one hundred and fifty thousand dollars, to be expended under the direction of the Secretary of War in building at Fort Leavenworth the necessary shelter for the troops and storage for goods;

0094 94

On motion by Mr. Harlan to amend the amendment by striking out the words “and fifty,” so that if amended it would read, “one hundred thousand dollars, to be expended,” &c.,

It was determined in the affirmative,

On motion by Mr. Thurman to further amend the amendment by inserting at the end the following proviso: Provided, That said extension and buildings shall not cost over one hundred thousand dollars,

It was determined in the affirmative; and

On the question to agree to the amendment as amended,

It was determined in the affirmative; and

No further amendment being proposed to the bill,

Ordered, That the amendments be engrossed, and the bill read a third time.

The said bill as amended was read the third time.

Resolved, That it pass, and that the title be amended to read, “An act making appropriations to supply deficiencies in the appropriations for the service of the year ending June 30, 1871, and additional appropriations for the service of the year ending June 30, 1872, and for other purposes.”

Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments;

And then,

On motion by Mr. Spencer, at 5 o'clock and 25 minutes p. m.,

The Senate adjourned.

MONDAY, March 27, 1871. Link to Annals.

On motion by Mr. Fenton,

Ordered, That ladies be admitted to the cloak-rooms and the corridor in the rear of the Senate chamber for this day.

On motion by Mr. Sumner,

The Senate proceeded to consider the resolutions submitted by him on the 24th instant in relation to the employment of the Navy of the United States on the coast of Santo Domingo during the pendency of negotiations for the acquisition of that island.

Mr. Sumner called for the reading of the resolutions; and

The Secretary read the resolutions as follows:

Whereas any negotiation by one nation with a people inferior in population and power, having in view the acquisition of territory, should be above all suspicion of influence from superior force, and in testimony to this principle Spain boasted that the reincorporation of Dominica with her monarchy in 1861 was accomplished without the presence of a single Spanish ship on the coast, or a Spanish soldier on the land, all of which appears in official documents; and whereas the United States being a republic, founded on the rights of man, cannot depart from such a principle and such a precedent without weakening the obligations of justice between nations, and inflicting a blow upon republican institutions: Therefore,

1. Resolved, That in obedience to correct principle, and that republican institutions may not suffer, the naval forces of the United States should be withdrawn from the coasts of St. Domingo during the pendency of negotiations for the acquisition of any part of that island.

2. Resolved, That every sentiment of justice is disturbed by the employment of foreign force in the maintenance of a ruler engaged in selling his country, and this moral repugnance is increased when it is known that the attempted sale is in violation of the constitution of the 0095 95 country to be sold; that, therefore, the employment of our Navy to maintain Baez in usurped power while attempting to sell his country to the United States, in open violation of the Dominican constitution, is morally wrong, and any transaction founded upon it must be null and void.

3. Resolved, That since the equality of all nations, without regard to population, size, or power, is an axiom of international law, as the equality of all men is an axiom of our Declaration of Independence, nothing can be done to a small or weak nation that would not be done to a large or powerful nation, or that we would not allow to be done to ourselves; and therefore any treatment of the republic of Hayti by the Navy of the United States inconsistent with this principle is an infraction of international law in one of its great safeguards, and should be disavowed by the Government of the United States.

4. Resolved, That since certain naval officers of the United States, commanding large war ships, including the monitor Dictator and the frigate Severn, with powerful armaments, acting under instructions from the Executive and without the authority of an act of Congress, have entered one or more ports of the republic of Hayti, a friendly nation, and under the menace of open and instant war have coerced and restrained that republic in its sovereignty and independence under international law; therefore, in justice to the republic of Hayti, also in recognition of its equal rights in the family of nations, and in deference to the fundamental principles of our institutions, these hostile acts should be disavowed by the Government of the United States.

5. Resolved, That under the Constitution of the United States the power to declare war is placed under the safeguard of an act of Congress; that the President alone cannot declare war; that this is a peculiar principle of our Government, by which it is distinguished from monarchical governments, where power to declare war, as also the treaty-making power, is in the executive alone; that, in pursuance of this principle, the President cannot, by any act of his own, as by an unratified treaty, obtain any such power, and thus divest Congress of its control; and that therefore the employment of the Navy without the authority of Congress in acts of hostility against a friendly foreign nation, or in belligerent intervention in the affairs of a foreign nation, is an infraction of the Constitution of the United States and a usurpation of power not conferred upon the President.

6. Resolved, That while the President, without any previous declaration of war by act of Congress, may defend the country against invasion by foreign enemies, he is not justified in exercising the same power in an outlying foreign island, which has not yet become part of the United States; that a title under an unratified treaty is at most inchoate and contingent, while it is created by the President alone, in which respect it differs from any such title created by act of Congress; and since it is created by the President alone, without the support of law, whether in legislation or a ratified treaty, the employment of the Navy in the maintenance of the Government there is without any excuse of national defense, as also without any excuse of a previous declaration of war by Congress.

7. Resolved, That in any proceedings for the acquisition of part of the island of St. Domingo, whatever may be its temptations of soil, climate, and productions, there must be no exercise of influence by superior force, nor any violation of public law, whether international or constitutional; and therefore the present proceedings, which have been conducted at great cost of money, under the constant shadow of superior 0096 96 force, and through the belligerent intervention of our Navy, acting in violation of international law, and initiating war without an act of Congress, must be abandoned to the end that justice may be maintained, and that proceedings so adverse to correct principles may not become an example for the future.

8. Resolved, That instead of seeking to acquire part of the island of St. Domingo by belligerent intervention, without the authority of an act of Congress, it would have been in better accord with the principles of our republic, and its mission of peace and beneficence, had our GoVernment, in the spirit of good neighborhood and by friendly appeal, instead of belligerent intervention, striven for the establishment of tranquillity throughout the whole island, so that the internal dissensions of Dominica and its disturbed relations with Hayti might be brought to a close, thus obtaining that security which is the first condition of prosperity; all of which, being in the nature of good offices, would have been without any violation of international law, and without any usurpation of war powers under the Constitution of the United States.

Mr. Sumner modified his resolutions by inserting after the 6th resolution the following, to come in as resolution 7:

Resolved, That whatever may be the title to territory under an unratified treaty, it is positive that after the failure of the treaty in the Senate, all pretext of treaty ceases, so that our Government is in all respects a stranger to the territory, without excuse or apology for any interference against its enemies, foreign or domestic, and therefore any belligerent intervention or act of war on the coasts of St. Domingo, after the failure of the Dominican treaty in the Senate, is unauthorized violence, utterly without support in law or reason, and proceeding directly from that kingly prerogative which is disowned by the Constitution of the United States.

After debate,

On motion by Mr. Stewart, at 25 minutes before 5 o'clock p. m.,

The Senate adjourned.

TUESDAY, March 28, 1871. Link to Annals.

The Vice-President laid before the Senate a resolution of the legislature of Texas, in favor of the appointment of a committee of Congress to inquire into and report upon the outrages committed in Texas since 1866 by various bands of hostile Indians.

Ordered, That it lie on the table and be printed.

Mr. Fenton presented a petition of citizens of New York soldiers in the late war, praying an amendment to the bounty-land bill now pending in Congress by which soldiers may hold such lands without actual residence thereon.

Ordered, That it lie on the table.

Mr. Kellogg presented the petition of J. W. Zacharie, praying compensation for spoliations committed by French cruisers prior to 1800.

Ordered, That it lie on the table.

Mr. Sumner presented three memorials of citizens of the United States, praying Congress to discourage all measures tending to involve our nation in a war with England; the reduction of our standing armies; that in all treaties with foreign powers a provision may be made for the arbitration of differences arising with them; and that a court or congress of nations may be instituted for the settlement of international disputes without resort to arms.

Ordered, That they lie on the table.

0097 97

Mr. Johnston presented a resolution of the legislature of Virginia, in favor of the payment of the balance due that State for advances to the United States during the war of 1812.

Ordered, That it lie on the table and be printed.

Mr. Patterson presented a petition of merchants of Portsmouth, New Hampshire, praying compensation for spoliations committed by French cruisers prior to 1800.

Ordered, That it lie on the table.

On motion by Mr. Pratt,

Ordered, That Charles Reynolds and Reynolds & Brown have leave to withdraw their petition and papers from the files of the Senate.

On motion by Mr. Kellogg,

Ordered, That Andrew Brown have leave to withdraw his petition and papers from the files of the Senate.

On motion by Mr. Pomeroy.

Ordered, That the Committee on Appropriations be discharged from the further consideration of the bill (S. 272) to provide for the sale of certain lands in Kansas, known as the Cherokee strip; and that it be referred to the Committee on Indian Affairs.

On motion by Mr. Anthony,

The Senate proceeded to consider the amendment proposed by him on the 25th instant to the resolution of the Senate prescribing the legislative business to be considered at the present session, viz: by adding thereto the following words: and any bill that may be sent to the Senate from the House of Representatives on the same subject.

On motion by Mr. Thurman, to amend the proposed amendment by adding thereto the following words: after the same shall have been referred to a committee and reported upon.

After debate,

Ordered, That the further consideration of the motion be postponed to to-morrow.

In pursuance of the order of the Senate of the 21st instant, the Vice-President appointed Mr. Clayton a member of the Committee on Revolutionary Claims and a member of the Select Committee on the Removal of Political Disabilities, to fill the vacancies in said committees.

A message front the President of the United States, by Mr. Porter, his secretary:

Mr. President: The President of the United States approved and signed, on the 27th instant, an act (S. 202) authorizing the President to nominate R. H. Lamson a lieutenant in the United States Navy.

Ordered, That the Secretary notify the House of Representatives thereof.

The Senate resumed the consideration of the resolutions submitted by Mr. Sumner on the 24th instant, in relation to the employment of the Navy of the United States on the coast of San Domingo during the pendency of negotiations for the acquisition of a part of that island; and

Pending debate thereon,

On motion by Mr. Trumbull,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened; and

The Senate adjourned. 7*

0098 98
WEDNESDAY, March 29, 1871. Link to Annals.

Mr. Cameron presented a resolution of the legislature of Pennsylvania, in favor of further legislation by Congress for the protection of emigrants to this country.

Ordered, That it lie on the table and be printed.

Mr. Thurman presented a memorial of women of the United States, remonstrating against any amendment to the Constitution of the United States extending suffrage to women.

Ordered, That it lie on the table.

Mr. Pratt presented additional papers in relation to the claim of Horace Clough for a pension.

Ordered, That they lie on the table.

On motion by Mr. Pratt.

Ordered, That George W. Anderson have leave to withdraw his petition and papers from the files of the Senate.

On motion by Mr. Johnston,

Ordered, That J. R. Bigelow and E. C. Morrison have leave to withdraw their petitions and papers from the files of the Senate.

Mr. Trumbull submitted the following resolution for consideration:

Resolved, That the resolution adopted by the Senate on the 22d instant, limiting the legislation of the present session to certain measures therein specified, be, and the same is hereby, rescinded.

On motion by Mr. Anthony,

The Senate resumed the consideration of the amendment proposed by him on the 25th instant, to the resolution of the Senate prescribing the legislative business to be considered at the present session, viz: By adding thereto the following words: and any bill that may be sent to the Senate from the House of Representatives on the same subject; and

The question being on the motion of Mr. Thurman to amend the proposed amendment by adding thereto the following words: after the same shall have been referred to a committee and reported upon;

After debate,

Ordered, That the further consideration thereof be postponed to tomorrow.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The Speaker of the House of Representatives having signed an enrolled bill, (S. 130,) I am directed to bring it to the Senate for the signature of its President.

Mr. Kelly reported from the committee that they had examined and found duly enrolled the bill (S. 130) to reestablish the office of surveyor at Eastport, Maine.

The Vice-President signed the enrolled bill (S. 130) last reported to have been examined, and it was delivered to the committee to be presented to the President of the United States.

The Senate resumed the consideration of the resolutions submitted by Mr. Sumner on the 24th instant, in relation to the employment of the Navy of the United States on the coast of San Domingo during the pendency of negotiations for the acquisition of a part of that island; and

After debate,

On motion by Mr. Harlan that the resolutions lie on the table,

It was determined in the affirmative,

Yeas 39

Nays 16

0099 99

On motion by Mr. Sumner,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Buckingham, Cameron, Chandler, Clayton, Cole, Conkling, Corbett, Cragin, Edmunds, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Harlan, Hill, Hitchcock, Howe, Kellogg, Morton, Nye, Osborn, Pomeroy, Pool, Pratt, Ramsey, Rice, Sawyer, Sherman, Sprague, Stewart, Trumbull, West, Windom, Wright.

Those who voted in the negative are,

Messrs. Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Johnston, Kelly, Patterson, Robertson, Saulsbury, Schurz, Stevenson, Stockton, Sumner, Thurman.

So the resolutions were ordered to lie on the table.

On motion by Mr. Sherman,

The Senate resumed the consideration of the resolution submitted by him on the 16th instant, instructing the Committee on the Judiciary to report a bill for the Suppression of organized bands of lawless men in the late insurrectionary States; and

On motion by Mr. Conkling, at 25 minutes before 5 o'clock p. m.,

The Senate adjourned.

THURSDAY, March 30, 1871. Link to Annals.

Mr. Kelly reported from the committee that he had this day presented to the President of the United States an act (S. 130) to reestablish the office of surveyor at Eastport, Maine.

Mr. Ferry, of Michigan, presented a petition of soldiers in the late war, of Michigan, praying the grant of one hundred and sixty acres of the public land to each honorably discharged soldier and sailor who served in the United States Army in said war.

Ordered, That it lie on the table.

Mr. Blair presented a memorial of citizens of Las Animas, Huerfano, and Bent Counties, in the Territory of Colorado, remonstrating against the confirmation of the Vigil and St. Vrain grant in said Territory.

Ordered, That it lie on the table.

Mr. Wilson presented a memorial of Seth Russell and sons, praying compensation for spoliations committed by French cruisers prior to 1800.

Ordered, That it lie on the table.

Mr. Pomeroy presented resolutions of the legislature of Kansas, in favor of the payment of certain Army officers of colored troops in that State.

Ordered, That they lie on the table and be printed.

Mr. Sumner presented resolutions of the legislature of Massachusetts, in favor of legislation to promote the ship-building interests of the country.

Ordered, That they lie on the table and be printed.

Mr. Bayard presented the petition of Annie Dorsey Reeves, praying compensation for the use of her house and other property in Charleston, South Carolina, by United States troops in 1865, under direction of the Freedmen's Bureau.

Ordered, That it lie on the table.

On motion by Mr. Johnston,

Ordered, That David Fultz have leave to withdraw his petition and papers from the files of the Senate.

0100 100

Mr. Davis, of Kentucky, submitted the following resolution for consideration; which was ordered to be printed:

Resolved, That the Secretaries of the Treasury, of War, and the Navy do report to the Senate, at its next session, by appropriate schedules, all property by classes, with its estimated value, which has been seized or taken possession of since January 1, 1861, by the orders, authority, or in the name of their Departments, respectively; what disposition was made of said property; what portions of it were sold, with the several sums; what became of the money arising from those sales; what sums thereof were paid into the Treasury, and what to individuals, with their names and the amount to each; and what portion of said property, with its kind and estimated value, was delivered to or retained by individuals, with their names.

Mr. Hill submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the Secretary of War be, and he is hereby, requested to cause the Engineer Department of the United States to extend the survey of the Etowa River (already ordered) so as to embrace estimates for a canal connecting said river with the Ocmulgee River, with a view to opening a direct and unobstructed water communication between the waters of the Mississippi River and the Atlantic Ocean, and to report to the Senate.

On motion by Mr. Wilson, and by unanimous consent,

The Senate proceeded to consider the motion submitted by Mr. Morrill, of Vermont, on the 15th instant, to reconsider the vote on the passage of the bill (S. 219) to carry into effect the decision of the Supreme Court relating to bounty to soldiers enlisted between the 3d day of May and the 22d day of July, 1861; and

On the question to agree to the said motion,

It was determined in the affirmative; and

The vote ordering the said bill to an engrossment and third reading having also been reconsidered, and an amendment to the bill having been proposed by Mr. Wilson,

After debate,

Ordered, That the further consideration of the bill be postponed to to-morrow.

A message from the President of the United States, by Mr. Porter, his secretary:

Mr. President: The President of the United States approved and signed this day an act (S. 130) to reëstablish the office of surveyor at Eastport, Maine.

Ordered, That the Secretary notify the House of Representatives thereof.

On motion by Mr. Anthony,

The Senate resumed the consideration of the amendment proposed by him on the 25th instant to the resolution of the Senate prescribing the legislative business to be considered at the present session, viz: Insert at the end of the resolution the words, and amy bill that may be sent from the House of Representatives on the same subject; and

The question being on the amendment proposed by Mr. Thurman to the amendment of Mr. Anthony by adding thereto the words, after the same shall have been referred to a committee and reported upon,

After debate,

On the question to agree to the amendment of Mr. Thurman to the amendment,

It was determined in the negative; and

0101 101

On the question to agree to the amendment proposed by Mr. Anthony,

It was determined in the affirmative.

The resolution as amended reads as follows:

Resolved, That the Senate will consider, at the present session, no other legislative business than the deficiency appropriation bill, the concurrent resolution for a joint committee of investigation into the condition of the States lately in insurrection, and the resolution now pending instructing the Committee on the Judiciary to report a bill or bills that will enable the President and the courts of the United States to execute the laws in said States, and the report that may be made by the Committee on the Judiciary on that subject, and any bill that may be sent to the Senate from the House of Representatives on the same subject.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has passed the following bills of the Senate:

S. 220. An act authorizing the President to appoint commissioners to examine and report upon the Sutro Tunnel, in the State of Nevada.

S. 296. An act granting a pension to Phœbe Sofield, widow of Lewis Sofield.

The President of the United States approved and signed, on the 24th instant, the following act and joint resolution:

H. R. 285, (changed from joint resolution H. R. 29.) An act to authorize the commissioners to revise the statutes to print their reports.

H. R. 31. Joint resolution granting the right to erect a monument to Professor Morse on a Government reservation.

The Senate resumed the consideration of the resolution submitted by Mr. Sherman on the 16th instant, instructing the Committee on the Judiciary to report a bill for the suppression of organized bands of lawless men in the late insurrectionary States; and

After debate,

On motion by Mr. Sherman,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened; and

The Senate adjourned.

FRIDAY, March 31, 1871. Link to Annals.

Mr. Morrill, of Maine, presented the memorial of D. Little and others, merchants of Castine, Maine, praying indemnity for French spoliations prior to 1800.

Ordered, That it lie on the table and be printed.

Mr. Fenton presented the petition of Simon Van Etten, praying compensation for services rendered in the transportation of United States troops during the recent rebellion.

Ordered, That it lie on the table.

Mr. Ferry, of Michigan, presented a resolution of the legislature of the State of Michigan requesting the Senators and Representatives of that State in Congress to use their influence to procure the passage of a law permitting actual settlers locating lauds under the homestead laws to make the required proofs of settlement before the county clerk of the county in which the lands applied for may be situated.

Ordered, That it lie on the table and be printed.

0102 102

On motion by Mr. Cameron,

Ordered, That when the Senate adjourn it be to Monday next.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has passed the following bills of the Senate:

S. 21. An act to pay members of certain military organizations therein named;

S. 88. An act to amend an act entitled “An act to divide the State of Virginia into two judicial districts;” and

It has passed an act (H. R. 322) to authorize the Secretary of the Treasury to change the name of the ship “William F. Storer,” in which it requests the concurrence of the Senate.

The following message was received from the President of the United States, by Mr. Porter, his secretary:

To the Senate of the United States:

In answer to the resolution of the Senate of the 16th instant, I transmit a report from the Secretary of State, and the papers which accompanied it.

U. S. GRANT.

Washington, March 28, 1871.

The message was read.

Ordered, That the message be referred to the Committee on Finance and be printed.

On motion by Mr. Sherman,

That five thousand additional copies of the message be printed for the use of the Senate,

Ordered, That the motion be referred to the Committee on Printing.

The following message was received from the President of the United States, by Mr. Porter, his secretary:

To the Senate of the United States:

In answer to your resolution of the 17th instant, requesting, “if not incompatible with the public service, the report recently made by a board of officers of the Engineer Department on the condition of the Mississippi River, near Vicksburg, Mississippi, with such remarks, suggestions, or recommendations as may be made by the Chief Engineer of the Army,” I herewith transmit a report, dated 28th instant, with accompanying papers, received from the Secretary of War.

U. S. GRANT.

Executive Mansion, March 31, 1871.

The message was read.

Ordered, That it lie on the table and be printed.

On motion by Mr. Sherman,

The Senate resumed the consideration of the resolution submitted by him on the 16th instant instructing the Committee on the Judiciary to report a bill for the suppression of organized bands of lawless men in the late insurrectionary States; and

Pending debate,

On motion by Mr. Anthony,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business the doors were opened, and

The Senate adjourned.

0103 103
MONDAY, April 3, 1871. Link to Annals.

The bill (H. R. 322) last received from the House of Representatives for concurrence, was read and passed to a second reading.

The Vice-President laid before the Senate a letter of the Secretary of War, communicating a report of the Adjutant General of the United States Army, on the claim of George W. Kirk for recruiting services and money disbursed in subsisting recruits during the late war.

Ordered, That it lie on the table and be printed.

Mr. Frelinghuysen presented a petition of merchants and others engaged in foreign and coastwise trade, praying the erection of a lighthouse on Hereford Bar, on the coast of New Jersey; which was referred, by unanimous consent, to the Committee on Commerce.

Mr. Osborn presented a memorial of the city council of Fernandina, Florida, praying a grant to said city of certain unsurveyed beach and swamp lands within the limits of that city; which was referred, by unanimous consent, to the Committee on Public Lands, and ordered to be printed.

Mr. Rice asked and by unanimous consent, obtained leave to bring in a bill (S. 305) to incorporate the Red River Raft Company; which was read the first and second times, by unanimous consent, referred to the Committee on Commerce, and ordered to be printed.

Mr. Rice asked and, by unanimous consent, obtained leave to bring in a bill (S. 306) to fix the time of holding the United States courts in the districts of Arkansas; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Pool asked and, by unanimous consent, obtained leave to bring in a bill (S. 307) to establish a western judicial district in North Carolina which was read the first and second times, by unanimous consent.

Ordered, That it lie on the table and be printed.

Mr. Cragin asked and, by unanimous consent, obtained leave to bring in a bill (S. 308) for the relief of Richard Washington, a paymaster in the United States Navy; which was read the first and second times, by unanimous consent.

Ordered, That it lie on the table and be printed.

Mr. Wilson asked and, by unanimous consent, obtained leave to bring in a bill (S. 309) to prohibit the retention of soldiers' discharges by claim agents and attorneys; which was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Cole asked and, by unanimous consent, obtained leave to bring in a bill (S. 310) leasing the Presidio reservation to the city of San Francisco for a public park; which was read the first and second times, by unanimous consent, referred to the Committee on the Judiciary, and ordered to be printed.

Mr. Harlan, from the Committee on Indian Affairs, to whom was referred the bill (S. 272) to provide for the sale of certain lands in Kansas, known as the Cherokee strip, reported it with amendments.

On motion by Mr. Howe,

Ordered, That the papers in relation to the claim of James A. Waymire, on the files of the Senate, be referred to the Committee on Claims.

On motion by Mr. Harlan,

Ordered, That George W. Jones have leave to withdraw his petition and papers from the files of the Senate.

On motion by Mr. Morrill, of Vermont,

The Senate proceeded to consider, as in Committee of the Whole, the 0104 104 bill (S. 273) authorizing the Secretary of the Treasury to convey the United States branch mint at Dahlonega, Georgia, to the trustees of the North Georgia Agricultural College for educational purposes; and the amendment reported by the Committee on Public Buildings and Grounds having been agreed to, the bill was reported to the Senate, and the amendment was concurred in.

Ordered, That the bill be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Sawyer,

Ordered, That James Simons, surgeon United States Army, have leave to withdraw his petition and papers from the files of the Senate.

Mr. Stewart submitted the following resolution for consideration:

Resolved, That the Secretary of the Interior be directed to inform the Senate under what laws individuals and corporations have become the owners of large bodies of the public lands so as to retard the settlement of the country.

Mr. Howe presented the petition of Scott W. Harrington, praying compensation for the loss of a horse in the military service of the United States during the late war; which was referred, by unanimous consent, to the Committee on Claims.

Mr. Howe presented the petition of Frederick Wheeler, praying to be allowed a pension; which was referred, by unanimous consent, to the Committee on Pensions.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The Speaker of the House of Representatives having signed five enrolled bills, (S. 21, S. 88, S. 220, S. 296, and H. R. 321,) I am directed to bring them to the Senate for the signature of its President.

Mr. Kelly reported from the committee that they had examined and found duly enrolled the following bills:

S. 21. An act to pay members of certain military organizations therein named.

S. 88. An act to amend an act entitled “An act to divide the State of Virginia into two judicial districts.”

S. 220. An act authorizing the President to appoint commissioners to examine and report upon the Sutro tunnel in the State of Nevada.

S. 296. An act granting a pension to Phœbe Sofield, widow of Lewis Sofield.

H. R. 321, (changed from House of Representatives resolution 28.) An act for the relief of Robert Moir & Co.

The Vice-President signed the five enrolled bills (S. 21, S. 88, S. 220, S. 296, and H. R. 321) last reported to have been examined, and they were delivered to the committee to be presented to the President of the United States.

The Senate resumed the consideration of the resolution submitted by Mr. Sherman on the 16th instant, instructing the Committee on the Judiciary to report a bill for the suppression of organized bands of law less men in the late insurrectionary States; and

Pending debate,

On motion by Mr. Hamilton, of Maryland,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened, and

The Senate adjourned.

0105 105
TUESDAY, April 4, 1871. Link to Annals.

Mr. Patterson presented the petition of Worcester Willey, for himself and the American Board of Foreign Missions, praying compensation for property used and destroyed by United States troops at the Dwight Mission station, in 1861, belonging to himself and the said Board of Foreign Missions.

Ordered, That it lie on the table.

On motion by Mr. Pratt,

Ordered, That J. B. Chipman have leave to withdraw his petition and papers from the files of the Senate.

The Senate resumed the consideration of the resolution submitted by Mr. Sherman on the 16th instant, instructing the Committee on the Judiciary to report a bill for the suppression of organized bands of lawless men in the late insurrectionary States; and

Pending debate,

On motion by Mr. Edmunds,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened, and

The Senate adjourned.

WEDNESDAY, April 5, 1871. Link to Annals.

Mr. Edmunds presented the petition of C. H. Forbes, praying compensation for the loss of a horse in the military service of the United States during the late war.

Ordered, That it lie on the table.

Mr. Caldwell presented a memorial of the legislature of Kansas, praying the payment of claims of citizens of that State incurred in the organization of the First Regiment Kansas Colored Volunteers.

Ordered, That it lie on the table and be printed.

Mr. Nye presented resolutions of the legislature of the State of Nevada, as follows:

A resolution in favor of the establishment of a tri-weekly mail service between Elko and Tuscarora, in that State;

A resolution in favor of the establishment of weekly mail service between Wadsworth, Nevada, and Fort Independence, California;

A resolution in favor of listing over the lands belonging to the Central Pacific Railroad Company; and

A resolution in favor of the establishment of a tri-weekly mail service between Pine Grove and Rockland, in that State.

Ordered, That they severally lie on the table and be printed.

The Senate resumed the consideration of the resolution submitted by Mr. Sherman on the 16th of March last, instructing the Committee on the Judiciary to report a bill for the suppression of organized bands of lawless men in the late insurrectionary States, and subsequently modified by Mr. Sherman to read as follows:

Resolved, That as organized bands of lawless and desperate men, mainly composed of soldiers of the late rebel armies, armed, disciplined, and disguised, and bound by oaths and secret obligations, are proved to exist in the State of North Carolina, and have by force, terror, and violence defied civil authority in that State, and by organized perjury have rendered the courts powerless to punish the crimes they have committed, thus overthrowing the safety of person and property, and the rights which are the primary basis of all civil government, and 0106 106 which are guaranteed by the Constitution of the United States to all its citizens; and as there is good reason to believe that similar organizations exist, and have produced similar results in many parts of the late insurrectionary States: Therefore, the Committee on the Judiciary is instructed to report a bill or bills to enable the President and the courts of the United States to execute the laws, punish and prevent such organized violence, and secure to all citizens the rights so guaranteed to them.

After debate,

On motion by Mr. Thurman to amend the resolution by striking out all after the word “resolved,” and inserting: That the Committee on the Judiciary is hereby instructed to inquire what are the constitutional powers of the Federal Government to prevent, suppress, or punish acts of violence or combinations of individuals to perpetrate such acts committed within a State, and report by bill or otherwise;

It was determined in the negative,

Yeas 13

Nays 38

On motion by Mr. Casserly,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Kelly, Saulsbury, Stevenson, Stockton, Thurman, Tipton.

Those who voted in the negative are,

Messrs. Anthony, Boreman, Brownlow, Caldwell, Chandler, Clayton, Cole, Conkling, Corbett, Edmunds, Fenton, Ferry of Michigan, Frelinghuysen, Hamilton of Texas, Hamlin, Harlan, Hitchcock, Howe, Logan, Morrill of Vermont, Morton, Nye, Osborn, Patterson, Pool, Pratt, Ramsey, Rice, Sawyer, Scott, Sherman, Spencer, Stewart, Sumner, West, Wilson, Windom, Wright.

So the amendment of Mr. Thurman was not agreed to.

On motion by Mr. Anthony to amend the resolution by inserting at the end thereof the words, and that said committee be instructed to report forthwith;

On motion by Mr. Hamlin to amend the amendment by striking out the word “forthwith,” and inserting the words as soon as practicable;

It was determined in the affirmative; and

On the question to agree to the amendment as amended,

It was determined in the affirmative.

On motion by Mr. Stockton to further amend the resolution so that it would read:

Resolved, That the Committee on the Judiciary is instructed to report a bill or bills to enable the President and the courts of the United States to execute the laws, punish and prevent organized violence, and secure to all citizens the rights guaranteed to them by the Constitution of the United States;

On motion by Mr. Edmunds to amend the amendment proposed by Mr. Stockton by inserting after the word “rights,” the words, to life, liberty, and property, and the equal protection of the laws;

It was determined in the affirmative; and

On the question to agree to the amendment proposed by Mr. Stockton as amended on the motion of Mr. Edmunds,

It was determined in the negative,

Yeas 19

Nays 30

On motion by Mr. Davis, of West Virginia,

The yeas and nays being desired by one-fifth of the Senators present,

0107 107

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Caldwell, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Edmunds, Ferry of Michigan, Hamilton of Maryland, Hitchcock, Kelly, Morrill of Vermont, Saulsbury, Schurz, Stevenson, Stockton, Tipton, Trumbull.

Those who voted in the negative are,

Messrs. Anthony, Boreman, Brownlow, Chandler, Clayton, Cole, Conkling, Corbett, Cragin, Frelinghuysen, Hamilton of Texas, Hamlin, Howe, Logan, Morton, Nye, Osborn, Patterson, Ramsey, Rice, Sawyer, Scott, Sherman, Spencer, Stewart Sumner, West, Wilson, Windom, Wright.

So the amendment of Mr. Stockton as amended was not agreed to.

On motion by Mr. Vickers to further amend the resolution in line 3 by striking out the word “proved” and inserting the word alleged,

It was determined in the negative; and

On the question to agree to the resolution as amended,

It was determined in the affirmative,

Yeas 38

Nays 12

On motion by Mr. Morton,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Anthony, Boremen, Brownlow, Caldwell, Chandler, Cole, Conkling, Corbett, Cragin, Edmunds, Fenton, Ferry of Michigan, Frelinghuysen, Hamilton of Texas, Hamlin, Harlan, Hitchcock, Howe, Logan, Morrill of Vermont, Morton, Nye, Patterson, Pool, Pratt, Ramsey, Rice, Sawyer, Scott, Sherman, Spencer, Stewart, Sumner, West, Wilson, Windom, Wright.

Those who voted in the negative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Kelly, Saulsbury, Stevenson, Stockton, Thurman.

So it was,

Resolved, That as organized bands of lawless and desperate men, mainly composed of soldiers of the late rebel armies, armed, disciplined, and disguised, and bound by oaths and secret obligations, are proved to exist in the State of North Carolina, and have by force, terror, and violence, defied civil authority in that State, and by organized perjury have rendered the courts powerless to punish the crimes they have committed, thus overthrowing the safety of person and property, and the rights which are the primary basis of all civil government, and which are guaranteed by the Constitution of the United States to all its citizens; and as there is good reason to believe that similar organizations exist, and have produced similar results in many parts of the late insurrectionary States: Therefore, the Committee on the Judiciary is instructed to report a bill or bills to enable the President and the courts of the United States to execute the laws, punish and prevent such organized violence, and secure to all citizens the rights so guaranteed to them, and that said committee be instructed to report as soon as practicable.

On motion by Mr. Anthony,

The Senate resumed the consideration of the amendment of the House of Representatives to the resolution of the Senate for the appointment of a joint committee to inquire into the condition of the late insurrectionary States in respect to the execution of the laws, and the safety to life and property therein; and

Pending its consideration,

0108 108

On motion by Mr. Harlan,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened, and

The following message was received from the President of the United States by Mr. Porter, his secretary:

To the Senate and House of Representatives:

I have the honor to submit herewith to the two Houses of Congress the report of the commissioners appointed in pursuance of joint resolution approved January 12, 1871.

It will be observed that this report more than sustains all that I have heretofore said in regard to the productiveness and healthfulness of the republic of San Domingo, of the unanimity of the people for annexation to the United States, and of their peaceable character.

It is due to the public, as it certainly is to myself, that I should here give all the circumstances which first led to the negotiation of a treaty for the annexation of the republic of San Domingo to the United States.

When I accepted the arduous and responsible position which I now hold, I did not dream of instituting any steps for the acquisition of insular possessions. I believed, however, that our institutions were broad enough to extend over the entire continent as rapidly as other peoples might desire to bring themselves under our protection. I believed further that we should not permit any independent government within the limits of North America to pass from a condition of independence to one of ownership or protection under a European power.

Soon after my inauguration as President I was waited upon by an agent of President Baez with a proposition to annex the republic of San Domingo to the United States. This gentleman represented the capacity of the island, the desire of the people, and their character and habits, about as they have been described by the commissioners, whose report accompanies this message. He stated further that, being weak in numbers and poor in purse, they were not capable of developing their great resources; that the people had no incentive to industry on account of lack of protection for their accumulations; and that, if not accepted by the United States—with institutions which they loved above those of any other nation—they would be compelled to seek protection elsewhere. To these statements I made no reply, and gave no indication of what I thought of the proposition. In the course of time I was waited upon by a second gentleman from San Domingo, who made the same representations, and who was received in like manner.

In view of the facts which had been laid before me, and with an earnest desire to maintain the “Monroe doctrine,” I believed that I would be derelict in my duty if I did not take measures to ascertain the exact wish of the government and inhabitants of the republic of San Domingo in regard to annexation, and communicate the information to the people of the United States. Under the attending circumstances I felt that if I turned a deaf ear to this appeal I might, in the future, be justly charged with a flagrant neglect of the public interests and an utter disregard of the welfare of a down-trodden race praying for the blessings of a free and strong government and for protection in the enjoyment of the fruits of their own industry.

Those opponents of annexation who have heretofore professed to be preëminently the friends of the rights of man I believed would be my most violent assailants if I neglected so clear a duty. Accordingly, 0109 109 after having appointed a commissioner to visit the island, who declined on account of sickness, I selected a second gentleman, in whose capacity, judgment, and integrity I had, and have yet, the most unbounded confidence.

He visited San Domingo, not to secure or hasten annexation, but, unprejudiced and unbiased, to learn all the facts about the government, the people, and the resources of that republic. He went certainly as well prepared to make an unfavorable report as a favorable one, if the facts warranted it. His report fully corroborated the views of previous commissioners, and upon its receipt I felt that a sense of duty and a due regard for our great national interests required me to negotiate a treaty for the acquisition of the republic of San Domingo.

As soon as it became publically known that such a treaty had been negotiated, the attention of the country was occupied with allegations calculated to prejudice the merits of the case, and with aspersions upon those whose duty had connected them with it. Amid the public excitement thus created, the treaty failed to receive the requisite two-thirds vote of the Senate, and was rejected; but whether the action of that body was based wholly upon the merits of the treaty, or might not have been, in some degree, influenced by such unfounded allegations, could not be known by the people, because the debates of the Senate in secret session are not published.

Under these circumstances I deemed it due to the office which I hold, and due to the character of the agents who had been charged with the investigation, that such proceedings should be had as would enable the people to know the truth. A commission was therefore constituted, under authority of Congress, consisting of gentlemen selected with special reference to their high character and capacity for the laborious work intrusted to them, who were instructed to visit the spot and report upon the facts. Other eminent citizens were requested to accompany the commission in order that the people might have the benefit of their views. Students of science and correspondents of the press, without regard to political opinions, were invited to join the expedition, and their numbers were limited only by the capacity of the vessel.

The mere rejection by the Senate of a treaty negotiated by the President only indicates a difference of opinion between two coördinate departments of the Government, without touching the character or wounding the pride of either. But when such rejection takes place simultaneously with charges openly made of corruption on the part of the President, or those employed by him, the case is different. Indeed, in such case the honor of the nation demands investigation. This has been accomplished by the report of the commissioners herewith transmitted, and which fully vindicates the purity of the motives and action of those who represented the United States in the negotiation.

And now my task is finished, and with it cuds all personal solicitude upon the subject. My duty being done, yours begins; and I gladly hand over the whole matter to the judgment of the American people, and of their representatives in Congress assembled. The facts will now be spread before the country, and a decision rendered by that tribunal whose convictions so seldom err, and against whose will I have no policy to enforce. My opinion remains unchanged; indeed, it is confirmed by the report that the interests of our country and of San Domingo alike invite the annexation of that republic.

In view of the difference of opinion upon this subject, I suggest that no action be taken at the present session beyond the printing and general 0110 110 dissemination of the report. Before the next session of Congress the people will have considered the subject and formed an intelligent opinion concerning it; to which opinion, deliberately made up, it will be the duty of every department of the Government to give heed, and no one will more cheerfully conform to it than myself. It is not only the theory of our Constitution that the will of the people, constitutionally expressed, is the supreme law, but I have ever believed that “all men are wiser than any one man;” and if the people, upon a full presentation of the facts, shall decide that the annexation of the republic is not desirable, every department of the Government ought to acquiesce in that decision.

In again submitting to Congress a subject upon which public sentiment has been divided, and which has been made the occasion of acrimonious debates in Congress, as well as of unjust aspersions elsewhere, I may, I trust, be indulged in a single remark.

No man could hope to perform duties so delicate and responsible as pertain to the presidential office without sometimes incurring the hostility of those who deem their opinions and wishes treated with insufficient Consideration; and he who undertakes to conduct the affairs of a great government as a faithful public servant, if sustained by the approval of his own conscience, may rely with confidence upon the candor and intelligence of a free people, whose best interests he has striven to subserve, and can bear with patience the censure of disappointed men.

U. S. GRANT.

Executive Mansion, April 5, 1871.

The message was read.

On motion by Mr. Harlan,

Ordered, That it lie on the table.

Mr. Sumner submitted a motion that the message be printed.

The Vice-President stated that the motion to print, if entertained, would involve a consideration of the message itself; and the Senate having, by its order recently adopted, restricted the legislative business to be considered to certain specified subjects, he would submit this question to the Senate for its decision: Will the Senate consider this message at its present session?

After debate,

On motion by Mr. Chandler that the motion to print the said message lie on the table,

It was determined in the affirmative.

Mr. Blair asked and, by unanimous consent, obtained leave to submit the following resolution for consideration:

Resolved, That the Attorney General of the United States is requested to communicate to the Senate the stipulations or agreement entered into by the Attorney General of the United States, on the part of the Government of the United States, with the counsel of Yerger, charged with the murder of Crane, in the cause brought before the Supreme Court of the United States on appeal from the circuit court for the State of Mississippi, in regard to the disposition to be made of said cause in the event that the Supreme. Court of the United States should take jurisdiction of the said cause.

The Senate resumed the consideration of the resolution for the appointment of a joint committee to inquire into the condition of the late insurrectionary States in respect to the execution of the laws, and safety to life and property therein.

Mr. Kelly reported from the committee that they yesterday presented to the President of the United States the following enrolled bills: 0111 111

S. 21. An act to pay members of certain military organizations therein named.

S. 88. An act to amend an act entitled “An act to divide the State of Virginia into two judicial districts.”

S. 220. An act authorizing the President to appoint commissioners to examine and report upon the Sutro tunnel, in the State of Nevada.

S. 296. An act granting a pension to Phoebe Sofield, widow of Lewis Sofield.

On motion by Mr. Chandler, at 5 o'clock and 30 minutes p. m.,

The Senate adjourned.

THURSDAY, April 6, 1871. Link to Annals.

Mr. Pratt presented the petition of A. Grant, praying payment of the amount expended by the firm of A. Grant & Co., under a contract for the construction of a fire-proof store-house at the Schuylkill arsenal, the completion of which was prevented on account of the interference of United States officers; which was referred, by unanimous consent, to the Committee on Claims.

Mr. Patterson asked and, by unanimous consent, obtained leave to bring in a bill (S. 311) in relation to the payment of the salary of Robert C. Schenck, envoy extraordinary and minister plenipotentiary of the United States to Great Britain; which was read the first and second times, by unanimous consent.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has passed the following bills, in which it requests the concurrence of the Senate:

H. R. 213. An act to authorize the issuing of a certificate of registry to the brig Michael and Anna.

H. R. 330. An act to issue an American register to the brig A. L. Palmer.

The bills H. R. 213 and H. R. 330, last received from the House of Representatives for concurrence, were severally read the first time, and passed to a second reading.

On motion by Mr. Stewart,

The Senate resumed the consideration of the resolution reported by the Committee on Privileges and Elections to permit George Goldthwaite and Foster Blodgett to take seats in the Senate of the United States, upon taking the proper oaths, as Senators respectively from the States of Alabama and Georgia; and

A division of the question having heretofore been called for by Mr. Thurman, so that a separate vote be taken on the admission of each person named in the resolution,

The Vice-President decided that the question on the resolution was not susceptible of a division, as desired by Mr. Thurman, but that the end desired by him could be attained by amendment.

On motion by Mr. Hill to amend the resolution by striking out the words “and Foster Blodgett,”

After debate,

Ordered, That the further consideration of the resolution be postponed to to-morrow.

A message from the President of the United States, by Mr. Porter, his secretary:

Mr. President: The President of the United States approved and signed on the 4th instant the following acts: 0112 112

S. 88. An act to amend an act entitled “An act to divide the State of Virginia into two judicial districts.”

S. 220. An act authorizing the President to appoint commissioners to examine and report upon the Sutro tunnel, in the State of Nevada.

S. 296. An act granting a pension to Phoebe Sofield, widow of Lewis Sofield.

Ordered, That the Secretary notify the House of Representatives thereof.

The Senate resumed the consideration of the amendment of the House of Representatives to the resolution of the Senate for the appointment of a joint committee to require into the condition of the late insurrectionary States in respect to the execution of the laws and safety to life and property therein; and

The question being upon the amendment proposed by Mr. Anthony to the said amendment,

After debate.

On motion by Mr. Stewart,

Ordered, That the further consideration of the said resolution and amendment be postponed to to-morrow.

On motion by Mr. Stewart,

The Senate resumed the consideration of the resolution reported by the Committee on Privileges and Elections to permit George Goldthwaite and Foster Blodgett to take seats in the Senate of the United States, upon taking the proper oaths, as Senators respectively from the States of Alabama and Georgia.

On motion by Mr. Edmunds,

The Senate proceeded to the consideration of executive business; and After the consideration of executive business, the doors were opened, and

The Senate adjourned.

FRIDAY, April 7, 1871. Link to Annals.

Mr. Sherman presented a petition of citizens of Cleveland, Ohio; a petition of citizens of Fort Wayne, Indiana; a petition of citizens of Indianapolis, indiana; a petition of citizens of Louisville, Kentucky; a petition of citizens of St. Louis, Missouri; a petition of citizens of Atlanta, Georgia; a petition of citizens of Chicago, Illinois; a petition of citizens of Galena, Illinois, and a petition of citizens of Memphis, Tennessee, praying such amendments to the internal revenue laws as shall deny officers in the revenue service the power to deprive, by their decision, any citizen of the United States of his rights to property without due process of law.

Ordered, That they lie on the table.

Mr. Schurz presented a petition of officers and seamen who served in the Mississippi and Gulf Squadrons in the war of the rebellion, praying a distribution of the proceeds of the seizures made by those squadrons on the western waters.

Ordered, That it lie on the table.

Mr. Johnston presented a resolution of the legislature of Virginia in favor of an appropriation for the establishment of the American Printing House for the Blind, and American University for the Blind, in the District of Columbia.

Ordered, That it lie on the table and be printed.

Mr. Blair presented the petition of R. L. Lindsay, praying pay as captain 0113 113 in the Fiftieth Regiment Missouri Infantry, from April 8 to May 5, 1865.

Ordered, That it lie on the table.

Mr. Sherman presented a resolution of the legislature of Ohio in favor of an amendment to the homestead laws in behalf of soldiers and sailors in the war of the rebellion.

Ordered, That it lie on the table and be printed.

Mr. Fenton presented the petition of Marion Hoefler, praying to be allowed arrears of pension.

Ordered, That it lie on the table.

On motion by Mr. Tipton,

Ordered, That A. Towle have leave to withdraw his petition and papers from the files of the Senate.

On motion by Mr. Windom,

Ordered, That D. J. Powers have leave to withdraw his petition and papers from the files of the Senate.

On motion by Mr. Ramsey,

Ordered, That J. B. Braden and others have leave to withdraw their petition and papers from the files of the Senate.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has passed a bill (H. R. 320) to enforce the provisions of the fourteenth amendment to the Constitution of the United States, and for other purposes, in which it requests the concurrence of the Senate.

The bill (H. R. 320) last received from the House of Representatives for concurrence was read the first and second times, by unanimous consent, and referred to the Committee on the Judiciary.

Mr. Morrill, of Vermont, agreeably to notice heretofore given, and unanimous consent obtained, addressed the Senate at length on the subject of Dominican affairs; after which

The Senate resumed the consideration of the resolution reported by the Committee on Privileges and Elections to permit George Goldthwaite and Foster Blodgett to take seats in the Senate of the United States, upon taking the proper oaths, as Senators respectively from the States of Alabama and Georgia; and

The question being on the amendment proposed by Mr. Hill,

On motion by Mr. Anthony, and by unanimous consent, the further consideration was informally passed over; and

The Senate resumed the consideration of the amendment of the House of Representatives to the resolution of the Senate for the appointment of a joint committee to inquire into the condition of the late insurrectionary States in respect to the execution of the laws, and safety to life and property therein; and

Mr. Anthony having withdrawn the amendment heretofore proposed by him,

On the question to agree to the amendment of the House of Representatives, viz: Strike out all after the word “that” in line 2 of the resolution, which is in the following words: “A joint committee, consisting of seven Senators and nine Representatives, be appointed, whose duty it shall be to inquire into the condition of the late insurrectionary States so far as regards the execution of the laws and the safety of the lives and property of citizens of the United States, with leave to report at any time the result of their investigation to the two Houses of Congress, with such recommendations as they may deem expedient; that said committee be authorized to employ clerks and stenographers, to 8* 0114 114 sit during the recess, to send for persons and papers, to take testimony, and to visit at their discretion, through sub-committees, any portions of said States during the recess of Congress, and to print and make public from time to time during the recess the results of their investigations; and the expenses of said committee shall be paid out of the contingent funds of the two Houses of Congress;” and in lieu thereof insert, “ a joint committee consisting of seven Senators and fourteen Representatives be appointed, whose duty it shall be to inquire into the condition of the late insurrectionary States so far as regards the execution of the laws and the safety of the lives and property of the citizens of the United States, with leave to report, at any time during the next or any subsequent session of Congress, the result of their investigation to either or both Houses of Congress, with such recommendations as they may deem expedient; that said committee be authorized to employ clerics and stenographers, to sit during the recess, to send for persons and papers, to administer oaths and take testimony, and to visit at their discretion, through sub-committees, any portions of said States during the recess of Congress; and the expenses of said committee shall be paid out of the contingent fund of the Senate, upon vouchers approved by the chairman of said committee;

After debate,

It was determined in the affirmative,

Yeas 37

Nays 12

On motion by Mr. Edmunds,

The yeas and days being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Buckingham, Caldwell, Cameron, Clayton, Conkling, Corbett, Edmunds, Fenton, Ferry of Michigan, Frelinghuysen, Hamilton of Texas, Hamlin, Harlan, Howe, Lewis, Logan, Morrill of Vermont, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Rice, Robertson, Scott, Spencer, Stewart, Sumner, Tipton, Trumbull, West, Wilson, Windom.

Those who voted in the negative are,

Messrs. Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Johnston, Kelly, Saulsbury, Stevenson, Stockton, Thurman.

So the amendment of the House of Representatives was agreed to.

Ordered, That the Committee on the part of the Senate be appointed by the Vice-President; and

The Vice-President appointed Mr. Scott, Mr. Wilson, Mr. Chandler, Mr. Rice, Mr. Nye, Mr. Bayard, and Mr. Blair.

Ordered, That the Secretary notify the House of Representatives thereof.

The Senate then again resumed the consideration of the resolution reported by the Committee on Privileges and Elections to permit George Goldthwaite and Foster Blodgett to take seats in the Senate of the United States, upon taking the proper oaths, as Senators respectively from the States of Alabama and Georgia; and

The question being on the amendment proposed by Mr. Hill to the resolution to strike out the words “and Foster Blodgett,”

On motion by Mr. Edmunds,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened, and

On motion by Mr. Cameron,

The Senate proceeded to consider, as in Committee of the Whole, the bill (S. 311) in relation to the payment of the salary of Robert C. Schenck, 0115 115 envoy extraordinary and minister plenipotentiary of the United States to Great Britain; and no amendment being made, it was reported to the Senate.

Ordered, That it be engrossed and read a third time.

The said bill was read the third time.

Resolved, That it pass, and that the title thereof be as aforesaid.

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. Boreman,

Ordered, That when the Senate adjourns it be to Monday next.

And then,

On motion by Mr. Boreman,

The Senate adjourned.

MONDAY, April 10, 1871. Link to Annals.

Mr. Buckingham presented a memorial of manufacturers of machinery, praying an increase of the duty on machinery made of iron or steel.

Ordered, That it lie on the table.

Mr. Clayton presented the memorial of the legislature of the State of Arkansas, praying the confirmation of titles to lands purchased under the act of Congress known as the graduation act.

Ordered, That it be referred to the Committee on Public Lands and be printed.

On motion by Mr. Pratt,

Ordered, That J. W. Parish & Co. have leave to withdraw their petition and papers from the files of the Senate.

Mr. Edmunds, from the Committee on the Judiciary, to whom was referred the bill (H. R. 320) to enforce the fourteenth amendment to the Constitution of the United States, and for other purposes, reported it with amendments.

Mr. Anthony submitted the following motion for consideration:

Ordered, That the daily meetings of the Senate be at 11 o'clock a. m.; and that, unless otherwise ordered, there be a recess daily from 5 until half-past 7 o'clock p. m.

On motion by Mr. Hamlin,

Ordered, That when the Senate adjourns it be to meet to-morrow at 11 o'clock a. m.

Mr. Spencer asked and, by unanimous consent, obtained leave to bring in a bill (S. 312) for the relief of Doctor John B. Read; which was read the first and second times, by unanimous consent, referred to the Committee on Military Affairs, and ordered to be printed.

Mr. Davis, of West Virginia, asked and, by unanimous consent, obtained leave to bring in a bill (S. 313) to reimburse the State of West Virginia for losses incurred by reason of the destruction of its bridges, &c., during the late war; which was read the first and second times, by unanimous consent, referred to the Committee on Claims, and ordered to be printed.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has passed the following bills, in which it requests the concurrence of the Senate:

H. R. 381. An act relating to the harbor at Buffalo, New York.

H. R. 380. An act for the removal of legal and political disabilities imposed by the third section of the fourteenth article of amendments to the Constitution of the United States.

0116 116

The Senate resumed the consideration of the resolution reported by the Committee on Privileges and Elections to permit George Goldthwaite and Foster Blodgett to take seats in the Senate of the United States, upon taking the proper oaths, as Senators respectively from the States of Alabama and Georgia; and

The question being on the amendment proposed by Mr. Hill to the resolution, to strike out the words “and Foster Flodgett,”

After debate,

On motion by Mr. Edmunds that the resolution lie on the table,

It was determined in the negative,

Yeas 25

Nays 26

On motion by Mr. Stewart,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Buckingham, Carpenter, Chandler, Cole, Conkling, Corbett, Edmunds, Ferry of Michigan, Frelinghuysen, Harlan, Hill, Hitchcock, Howe, Morrill of Vermont, Patterson, Pratt, Sawyer, Scott, Sherman, Tipton, Trumbull, Windom.

Those who voted in the negative are,

Messrs. Bayard, Brownlow, Cameron, Casserly, Clayton, Cooper, Cragin, Davis, Gilbert, Hamlin, Johnston, Kelly, Morton, Nye, Osborn, Ramsey, Saulsbury, Schurz, Spencer, Stevenson, Stewart, Stockton, Sumner, Thurman, West, Wright.

So the motion to lay the resolution on the table was not agreed to; and

Pending further debate,

Mr. Thurman raised a question of order, viz: That in discussing the question before the Senate debate upon the question whether Foster Blodgett or Joshua Hill had or had not committed perjury was not in order.

The Vice President sustained the point of order raised by Mr. Thurman, and ruled the debate on that question out of order; and

After further debate,

On motion by Mr. Trumbull, at 5 o'clock p. m.,

The Senate adjourned.

TUESDAY, April 11, 1871. Link to Annals.

The bill (H. R. 381) relating to the harbor at Buffalo, New York, yesterday received from the House of Representatives for concurrence, was read the first and second times, by unanimous consent, and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it pass to a third reading.

The said bill was read the third time, by unanimous consent.

Resolved, That it pass.

Ordered, That the Secretary notify the House of Representatives thereof.

The bill (H. R. 380) for the removal of legal and political disabilities imposed by the third section of the fourteenth article of amendments to the Constitution of the United States, was read and passed to a second reading.

Mr. Conkling presented resolutions of the Chamber of Commerce of New York, in favor of the repeal of the income tax.

Ordered, That they lie on the table.

Mr. Conkling presented resolutions of the Chamber of Commerce of New York, in favor of the measures pending before Congress for more 0117 117 effectually securing life and property on the coasts of New York and New Jersey.

Ordered, That they lie on the table.

Mr. Sherman presented a memorial of a committee appointed at a meeting of colored citizens of Frankfort, Kentucky, and vicinity, praying the enactment of laws for the better protection of life in that State.

Ordered, That it lie on the table and be printed.

Mr. Sherman presented a petition of citizens of the city of New York; a petition of citizens of Toledo, Ohio; a petition of citizens of Coshocton, Ohio; a petition of citizens of Gallipolis, Ohio; a petition of citizens of Peoria, Illinois; a petition of citizens of Bloomington, Illinois; a petition of citizens of Dubuque, Iowa; and a petition of citizens of Omaha, Nebraska, severally praying a revision of the laws relating to the collection of internal revenue.

Ordered, That they severally lie on the table.

Mr. Sherman submitted the following resolution for consideration; which was ordered to be printed:

Resolved, That the Committee on Finance is hereby instructed, during the recess of Congress, to carefully examine the existing system of taxation by the United States, with a view to propose such amendments to the bills of the House of Representatives, repealing certain taxes, now pending in the Senate, as will simplify, revise, and reduce both the internal taxes and the duties on imported goods now in force; and so that the aggregate of such taxes shall not exceed the sums required to execute the laws relating to the public debt, and to pay the current expenditures of the Government, administered with the strictest economy; and so that such taxes may be distributed so as to impose the least possible burden upon the people.

On motion by Mr. Edmunds,

Ordered, That the hour of the daily meeting of the Senate be 11 o'clock a. m. until otherwise ordered.

The Senate resumed the consideration of the resolution reported by the Committee on Privileges and Elections, to permit George Goldthwaite and Foster Blodgett to take seats in the Senate of the United States, upon taking the proper oaths, as Senators respectively from the States of Alabama and Georgia; and

The question being on the amendment proposed by Mr. Hill to the resolution to strike out the words “and Foster Blodgett;”

On motion by Mr. Edmunds that the resolution lie on the table,

It was determined in the affirmative,

Yeas 19

Nays 17

On motion by Mr. Robertson,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Carpenter, Chandler, Cole, Conkling, Davis of West Virginia, Edmunds, Harlan, Hill, Kelly, Morrill of Maine, Pratt, Scott, Sherman, Tipton, Wilson, Wright.

Those who voted in the negative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Gilbert, Hamilton of Maryland, Hamlin, Johnston, Morton, Rice, Robertson, Saulsbury, Schurz, Stevenson, Stockton, Vickers.

So the resolution was ordered to lie on the table.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has passed the following bills of the Senate: 0118 118

S. 295. An act authorizing the Secretary of War to place at the disposal of the Lyons Monument Association of Missouri certain condemned cannon.

S. 311. An act in relation to the payment of the salary of Robert C. Schenck, envoy extraordinary and minister plenipotentiary of the United States to Great Britain.

On motion by Mr. Edmunds,

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 320) to enforce the provisions of the fourteenth amendment to the Constitution of the United States, and for other purposes; and

The question being on the amendments reported by the Committee on the Judiciary,

Pending debate,

The following message was received from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The Speaker of the House of Representatives having signed three enrolled bills, (S. 295, S. 311, and H. R. 381,) I am directed to bring them to the Senate for the signature of its President.

On motion by Mr. Conkling, at 5 o'clock and 10 minutes p. m.

The Senate adjourned.

WEDNESDAY, April 12, 1871. Link to Annals.

Mr. Kelly reported from the committee that they had examined and found duly enrolled the following bills:

S. 295. An act authorizing the Secretary of War to place at the disposal of the Lyons Monument Association of Missouri certain condemned cannon.

S. 311. An act in relation to the payment of the salary of Robert C. Schenck, envoy extraordinary and minister plenipotentiary of the United States to Great Britain.

H. R. 381. An act relating to the harbor at Buffalo, New York.

The Vice-President signed the three enrolled bills (S. 295, S. 311, and H. R. 381) last reported to have been examined, and they were delivered to the committee to be presented to the President of the United States.

Mr. Scott presented a memorial of women of Illinois remonstrating against the extension of the right of suffrage to females.

Ordered, That it lie on the table.

Mr. Ferry, of Michigan, presented a resolution of the legislature of the State of Michigan, relative to the restoration to market of certain reserved Indian lands in said State.

Ordered, That it lie on the table and be printed.

Mr. Sumner presented the petition of General De Wemyss Jobson, praying redress for acts of violence at the hands of Geo. H. Sharpe, United States marshal for the southern district of New York; which was referred to the Committee on the Judiciary.

On motion by Mr. Sprague,

Ordered, That the Committee on Private Land Claims be discharged from the further consideration of the petition and papers of Ethan Ray Clarke and Samuel Ward Clarke, and that the petitioners have leave to withdraw their petition and papers.

On motion by Mr. Pomeroy,

Ordered, That Mrs. J. M. Hockaday have leave to withdraw her petition and papers from the files of the Senate.

Mr. Cole submitted the following resolution; which was referred to the Committee on Printing:

0119 119

Resolved, That 50,000 copies of the message of the President and report of the commissioners relating to San Domingo be printed for the use of the Senate.

Mr. Robertson submitted the following resolution for consideration:

Resolved, That the order of the Senate limiting the legislative business to be considered by the Senate at the present session be amended by adding thereto the following words: Also House bill (No. 380) for the removal of legal and political disabilities imposed by the third section of the fourteenth article of amendments to the Constitution of the United States.

On motion by Mr. Sherman,

The Senate proceeded to consider the resolution submitted by him yesterday, instructing the Committee on Finance, during the recess of Congress, to examine the existing system of taxation, with a view to simplify, revise, and reduce both the internal revenue taxes and duties on imported goods; and

The resolution was agreed to.

A message from the President of the United States, by Mr. Porter, his secretary:

Mr. President: The President of the United States approved and signed, this day, an act (S. 21) to pay members of certain military organizations therein named.

Ordered, That the Secretary notify the House of Representatives thereof.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has passed the resolution of the Senate to print additional copies of the preliminary report of the census of the United States for 1870, with an amendment, in which it requests the concurrence of the Senate.

The Senate proceeded to consider the amendment of the House of Representatives to the resolution of the Senate to print additional copies of the preliminary report of the census of the United States for 1870; and

Ordered, That the amendment be referred to the Committee on Printing.

Mr. Ramsey asked and, by unanimous consent, obtained leave to bring in a bill (S. 314) for the relief of Martha I. Thurston; which was read the first and second times, by unanimous consent, referred to the Committee on Pensions, and ordered to be printed.

Mr. Ramsey presented papers relating to the claim of Martha I. Thurston for an increase of pension; which were referred to the Committee on Pensions.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 320) to enforce the provisions of the fourteenth amendment to the Constitution of the United States, and for other purposes; and

The question being on the amendments reported by the Committee on the Judiciary,

After debate,

On motion by Mr. Thurman,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened, and

The Senate adjourned.

0120 120
THURSDAY, April 13, 1871. Link to Annals.

The Vice-President, as required by a provision of the “act making appropriations for the support of the Military Academy for the fiscal year ending June 30, 1871,” approved February 21, 1870, appointed Mr. Wilson and Mr. Carpenter members of the Board of Visitors to attend the annual examination of cadets at the United States Military Academy at West Point, New York.

Mr. Anthony presented the memorial and accompanying papers of Woodhouse, Southmayd, and Rudd, praying compensation for losses sustained by the seizure of hides, skins, and wool, on board schooners Carrie and Arthur, at New York.

Ordered, That they lie on the table.

Mr. Sawyer presented the petition of Thaddeus C. Hubbell, late postmaster at Orangeburg, South Carolina, praying to be relieved from the responsibility for the loss of certain money and stamps belonging to the Government, stolen front him in June, 1866.

Ordered, That it lie on the table.

Mr. Clayton presented the petition of James S. Robinson, praying to be relieved from the legal and political disabilities imposed upon him by the fourteenth article of amendments to the Constitution of the United States.

Ordered, That it lie on the table.

Mr. Anthony, from the Committee on Printing, to whom was referred the amendment of the House of Representatives to the resolution of the Senate to print additional copies of the preliminary report of the census of the United States for the year 1870, reported it with a recommendation that the Senate agree thereto.

The Senate proceeded to consider the said amendment, viz: Strike out all after the word “concurring” in the second line of the resolution, which is in the following words: “That there be printed one hundred and sixty thousand additional copies of the preliminary report of the United States census for 1870, of which fifty thousand shall be for the use of the Senate, one hundred thousand shall be for the use of the House, and ten thousand for distribution under direction of the Census Bureau,” and in lieu thereof insert: That there be printed twenty-five thousand copies of the first volume of the census of 1870, fifteen thousand five hundred copies of which shall be for the use of the House of Representative, seven thousand copies of which shall be for the use of the Senate, and twenty-five hundred copies of which shall be for the use of the Census Bureau; also ten thousand copies of the second volume of the census of 1870, sixty-five hundred copies of which shall be for the use of the House of Representatives, twenty-five hundred copies of which shall be for the use of the Senate, and one thousand copies of which shall be for the use of the Census Bureau; also fifteen thousand copies of the third volume of the census of 1870, eighty-five hundred copies of which shall be for the use of the House of Representatives, four thousand copies of which shall be for the use of the Senate, and twenty-five hundred copies of which shall be for the use of the Census Bureau.

On the question to agree to the said amendment,

It was determined in the affirmative.

So the amendment was agreed to.

Ordered, That the Secretary notify the House of Representatives thereof.

On motion by Mr. Sherman that the Senate reconsider its vote agreeing to the resolution instructing the Committee on Finance, during 0121 121 the recess of Congress, to examine the existing system of taxation with a view to simplify, revise, and reduce both the internal revenue taxes, and duties on imported goods;

Ordered, That the consideration of the motion to reconsider be postponed to to-morrow.

On motion by Mr. Pratt,

Ordered, That the Committee on Claims be discharged from the further consideration of the petition of Dr. James B. Sullivan, and that the petitioner have leave to withdraw his petition and papers.

Mr. Wilson, upon his own motion, was excused from further service on the Joint Select Committee to investigate alleged outrages in the late insurrectionary States.

Ordered, That the Vice-President be authorized to appoint a member on said committee in place of Mr. Wilson, excused.

On motion by Mr. Morrill, of Vermont,

Ordered, That leave be granted to certain loyal citizens of Loudoun County, Virginia, to withdraw their petitions and papers from the files of the Senate.

Mr. Trumbull submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the Secretary of the Interior be directed to furnish the Senate a statement of the population of the United States, giving the representative and total population of each State separately, as ascertained by the ninth census.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has passed a bill (H. R. 383) to authorize the construction of a bridge across the Missouri River, at or near St. Joseph, Missouri, in which it requests the concurrance of the Senate.

On motion by Mr. Thurman,

Ordered, That when the Senate adjourns, it be to meet to-morrow at 10 o'clock a. m.

A message from the President of the United States, by Mr. Porter, his secretary:

Mr. President: The President of the United States approved and signed this day an act (S. 311) in relation to the payment of Robert C. Schenck, envoy extraordinary and minister plenipotentiary of the United States to Great Britain.

Ordered, That the Secretary notify the House of Representatives thereof.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 320) to enforce the provisions of the fourteenth amendment to the Constitution of the United States, and for other purposes; and

On the question to agree to the following amendment reported by the Committee on the Judiciary, viz: In section 2, line 9, strike out the words “against the will and,” and in line 10, strike out the words “of the United States,” and insert the word thereof;

After debate,

It was determined in the affirmative,

Yeas 11

Nays 7

On motion by Mr. Trumbull,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Bayard, Boreman, Buckingham, Caldwell, 0122 122 Carpenter, Casserly, Chandler, Clayton, Cole, Conkling, Corbett, Cragin, Edmunds, Ferry of Michigan, Frelinghuysen, Hamilton of Texas, Hamlin, Harlan, Hitchcock, Howe, Johnston, Kelly, Logan, Morrill of Vermont, Morton, Nye, Osborn, Pomeroy, Pool, Ramsey, Rice, Sawyer, Scott, Spencer, Stockton, Thurman, Trumbull, Wilson, Wright.

Those who voted in the negative are,

Messrs. Blair, Cooper, Davis of West Virginia, Hamilton of Maryland, Hill, Stevenson, Vickers.

So the first amendment reported by the Committee on the Judiciary to the bill was agreed to.

And then,

On motion by Mr. Thurman, at half after 5 o'clock,

The Senate took a recess until half after 7 o'clock p. m.

HALF AFTER SEVEN O'CLOCK P. M.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 320) to enforce the provisions of the fourteenth amendment to the Constitution of the United States, and for other purposes and

The question being on the following amendment reported by the Committee on the Judiciary, viz: In section 2, line 17, strike out the word “his” and insert the words or while engaged in the;

After debate,

On motion by Mr. Stewart, at 10 minutes past 1 o'clock a. m.,

The Senate adjourned.

FRIDAY, April 14, 1871. Link to Annals.

The bill (H. R. 383) to authorize the construction of a bridge across the Missouri River, at or near St. Joseph, Missouri, was read the first and second times, by unanimous consent.

The Senate resumed, as in Committee of the Whole, the consideration of the bill (H. R. 320) to enforce the provisions of the fourteenth amendment to the Constitution of the United States; and

The question being on the following amendment reported by the Committee on the Judiciary, viz: In section 2, line 17, strike out the word “his” and insert the words or while engaged in the, so that if amended the section would read “or to injure him in his person or property on account of or while engaged in the;”

After debate,

On motion by Mr. Thurman to amend the amendment reported by the Committee on the Judiciary, by inserting after the word “or,” in the words proposed to be inserted, the words to injure him in his person, so that if amended the clause would read, “or to injure him in his person or property on account of, or to injure him in his person while engaged in, the lawful discharge of the duties of his office;”

It was determined in the negative,

Yeas 14

Nays 48

On motion by Mr. Thurman,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Johnston, Kelly, Saulsbury, Stevenson, Stockton, Thurman, Vickers.

0123 123

Those who voted in the negative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Buckingham, Caldwell, Cameron, Carpenter, Chandler, Clayton, Cole, Conkling, Corbett, Cragin, Edmunds, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Harlan, Hitchcock, Howe, Lewis, Logan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, Robertson, Sawyer, Schurz, Scott, Sherman, Spencer, Stewart, Sumner, Trumbull, West, Wilson, Windom, Wright.

So the amendment of Mr. Thurman to the amendment reported by the Committee on the Judiciary was not agreed to; and

On the question to agree to the amendment reported by the Committee on the Judiciary,

It was determined in the affirmative,

Yeas 40

Nays 23

On motion by Mr. Trumbull,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Buckingham, Cameron, Carpenter, Chandler, Cole, Conkling, Corbett, Cragin, Edmunds, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Hitchcock, Howe, Lewis, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Rice, Robertson, Sawyer, Scott, Sherman, Spencer, Stewart, Sumner, West.

Those who voted in the negative are,

Messrs. Bayard, Blair, Caldwell, Casserly, Clayton, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Johnston, Kelly, Logan, Saulsbury, Schurz, Stevenson, Stockton, Thurman, Tipton, Trumbull, Vickers, Wilson, Windom, Wright.

So the amendment reported by the Committee on the Judiciary was agreed to; and

On the question to agree to the following amendment reported by the Committee on the Judiciary, viz: In section 3, in lines 11, 12, and 13, strike out the words “and shall fail or neglect, through the proper authorities, to apply to the President of the United States for aid in that behalf;”

It was determined in the affirmative,

Yeas 51

Nays 14

On motion by Mr. Casserly,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Buckingham, Caldwell, Cameron, Carpenter, Chandler, Clayton, Cole, Conkling, Corbett, Cragin, Edmunds, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Harlan, Hill, Hitchcock, Howe, Lewis, Logan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Rice, Robertson, Sawyer, Schurz, Scott, Sherman, Spencer, Stewart, Sumner, Tipton, Trumbull, West, Wilson, Windom, Wright.

Those who voted in the negative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Johnston, Kelly, Saulsbury, Stevenson, Stockton, Thurman, Vickers.

So the amendment reported by the Committee on the Judiciary was agreed to; and

On the question to agree to the following amendment reported by the Committee on the Judiciary, viz: In section 4, lines 31 and 32, strike 0124 124 out the words “the first day of June anno Domini eighteen hundred and seventy-two,” and insert the words the end of the next regular session of Congress.

On motion by Mr. Morton to amend the words proposed to be inserted by striking out the words “next regular session of Congress,” and inserting Forty-second Congress,

It was determined in the negative,

Yeas 23

Nays 42

On motion by Mr. Trumbull,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Brownlow, Caldwell, Chandler, Clayton, Cole, Corbett, Cragin, Gilbert, Hamilton of Texas, Hamlin, Lewis, Morton, Nye, Osborn, Pomeroy, Pratt, Rice, Sherman, Spencer, Stewart, West, Wright.

Those who voted in the negative are,

Messrs. Anthony, Bayard, Blair, Boreman, Buckingham, Cameron, Carpenter, Casserly, Conkling, Cooper, Davis of Kentucky, Davis of West Virginia, Edmunds, Ferry of Michigan, Frelinghuysen, Hamilton of Maryland, Harlan, Hill, Hitchcock, Howe, Johnston, Kelly, Logan, Morrill of Maine, Morrill of Vermont, Patterson, Pool, Ramsey, Robertson, Saulsbury, Sawyer, Schurz, Scott, Stevenson, Stockton, Sumner, Thurman, Tipton, Trumbull, Vickers, Wilson, Windom.

So the amendment proposed by Mr. Morton to the reported amendment was not agreed to; and

On the question to agree to the amendment reported by the Committee on the Judiciary,

It was determined in the affirmative,

Yeas 44

Nays 17

On motion by Mr. Casserly,

The yeas and nays being desired by one-firth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Buckingham, Caldwell, Cameron, Carpenter, Clayton, Cole, Conkling, Corbett, Cragin, Edmunds, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Harlan, Hitchcock, Howe, Lewis, Logan, Morrill of Maine, Morrill of Vermont, Nye, Osborn, Patterson, Pool, Pratt, Ramsey, Rice, Robertson, Sawyer, Scott, Sherman, Spencer, Stewart, Sumner, West, Wilson, Windom, Wright.

Those who voted in the negative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Johnston, Kelly, Saulsbury, Schurz, Stevenson, Stockton, Thurman, Tipton, Trumbull, Vickers.

So the amendment reported by the Committee on the Judiciary was agreed to; and

The residue of the amendments reported by the Committee on the Judiciary having been agreed to in part, and in part disagreed to, and the bill further amended,

On motion by Mr. Osborn to further amend the bill in section 6 by striking out all after the word “crime” in line 13, which is in the following words: “And the act entitled ‘An act defining additional causes of challenge, and prescribing an additional oath for grand and petit jurors in the United States courts,’ approved June seventeenth, eighteen hundred and sixty-two be, and the same is hereby, repealed;”

It was determined in the negative,

Yeas 29

Nays 33

0125 125

On motion by Mr. Osborn,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Cameron, Carpenter, Chandler, Clayton, Conkling, Corbett, Cragin, Edmunds, Gilbert, Hamilton of Texas, Hamlin, Howe, Morrill of Maine, Morton, Nye, Osborn, Patterson, Pomeroy, Rice, Scott, Sherman, Spencer, Schurz, Sumner, Wilson.

Those who voted in the negative are,

Messrs. Bayard, Blair, Buckingham, Caldwell, Casserly, Cole, Cooper, Davis of Kentucky, Davis of West Virginia, Ferry of Michigan, Hamilton of Maryland, Harlan, Hill, Hitchcock, Johnston, Kelly, Lewis, Logan, Morrill of Vermont, Pratt, Robertson, Saulsbury, Sawyer, Schurz, Stevenson, Stockton, Thurman, Tipton, Trumbull, Vickers, West, Windom, Wright.

So the amendment proposed by Mr. Osborn was not agreed to.

On motion by Mr. Sherman to further amend the bill by inserting at the end thereof the following as an additional section:

Sec. —. That if any house, tenement, cabin, shop, building, barn or granary shall be unlawfully or feloniously demolished, pulled down, burned, or destroyed, wholly or in part, by any persons riotously and tumultuously assembled together; or if any person shall unlawfully and with force and violence be whipped, scourged, wounded, or killed by any persons riotously and tumultuously assembled together; and if such offense was committed to deprive any person of any right conferred upon him by the Constitution and laws of the United States, or to deter him from or punish him for exercising any such right, or by reason of his race, color, or previous condition of servitude, in every such case the inhabitants of the county, city, or parish in which any of the said offenses shall be committed shall be liable to pay full compensation to the person or persons damnified by such offense, if living, or to his legal representative, if dead; and such compensation may be recovered by such person or his representative by a suit in any court of the United States of competent jurisdiction in the district in which the offense was committed, to be in the name of the person injured, or his legal representative, and against said county, city, or parish; and execution may be issued on a judgment rendered in such suit, and may be levied upon any property, real or personal, of any person in said county, city, or parish; and the said county, city, or parish may recover the full amount of said judgment, costs, and interest from any person or persons engaged as principal or accessory in such riot, in an action, in any court of competent jurisdiction;

It was determined in the affirmative,

Yeas 39

Nays 25

On motion by Mr. Hamilton, of Maryland,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Caldwell, Cameron, Carpenter, Chandler, Clayton, Cole, Conkling, Corbett, Cragin, Edmunds, Ferry of Michigan, Gilbert, Hamilton of Texas, Hamlin, Harlan, Howe, Lewis, Logan, Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Rice, Sawyer, Sherman, Sumner, West, Wilson, Windom, Wright.

Those who voted in the negative are,

Messrs. Bayard, Blair, Buckingham, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Frelinghuysen, Hamilton of Maryland, Hill, Hitchcock, Johnston, Kelly, Morrill of Maine, Robertson, Saulsbury, 0126 126 Schurz, Scott, Spencer, Stevenson, Stockton, Thurman, Tipton, Trumbull, Vickers.

So the amendment proposed by Mr. Sherman was agreed to.

On motion by Mr. Stewart to further amend the bill by striking out the last proviso thereof, which is in the following words: “ And provided also, That the provisions of this section shall not be in force after the end of the next regular session of Congress,”

It was determined in the negative,

Yeas 14

Nays 48

On motion by Mr. Stewart,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are.

Messrs. Ames, Chandler, Conkling, Gilbert, Howe, Lewis, Morton, Nye, Osborn, Pomeroy, Rice, Sherman, Spencer, Stewart.

Those who voted in the negative are,

Messrs. Anthony, Bayard, Blair, Boreman, Brownlow, Buckingham, Caldwell, Cameron Carpenter, Casserly, Clayton, Cooper, Cragin, Davis of Kentucky, Davis of West Virginia, Edmunds, Ferry of Michigan, Frelinghuysen, Hamilton of Maryland, Hamilton of Texas, Hamlin, Hill, Hitchcock, Johnston, Kelly, Logan, Morrill of Maine, Morrill of Vermont, Patterson, Pool, Pratt, Ramsey, Robertson, Saulsbury Sawyer, Schurz, Scott, Stevenson, Stockton, Sumner, Thurman, Tipton, Trumbull, Vickers, West, Wilson, Windom, Wright.

So the amendment proposed by Mr. Stewart was not agreed to.

On motion by Mr. Trumbull to further amend the bill by striking out the fourth section thereof, which is in the following words:

“ Sec. 4. That whenever in any State or part of a State the unlawful combinations named in the preceding section of this act shall be organized and armed, and so numerous and powerful as to be able, by violence, to either overthrow or set at defiance the constituted authorities of such State, and of the United States within such State, or when the constituted authorities are in complicity with, or shall connive at the unlawful purposes of, such powerful and armed combinations; and whenever, by reason of either or all of the causes aforesaid, the conviction of such offenders and the preservation of the public safety shall become in such district impracticable, in every such case such combinations shall be deemed a rebellion against the Government of the United States, and during the continuance of such rebellion, and within the limits of the district which shall be so under the sway thereof, such limits to be prescribed by proclamation, it shall be lawful for the President of the United States, when in his judgment the public safety shall require it, to suspend the privileges of the writ of habeas corpus, to the end that such rebellion may be overthrown: Provided, That all the provisions of the second section of an act entitled ‘An act relating to habeas corpus, and regulating judicial proceedings in certain cases,’ approved March third, eighteen hundred and sixty-three, which relate to the discharge of prisoners other than prisoners of war, and to the penalty for refusing to obey the order of the court, shall be in full force so far as the same are applicable to the provisions of this section: Provided further, That the President shall first have made proclamation, as now provided by law, commanding such insurgents to disperse: And provided also, That the provisions of this section shall not be in force after the end of the next regular session of Congress;”

It was determined in the negative,

Yeas 21

Nays 42

0127 127

On motion by Mr. Trumbull,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Hill, Johnston, Kelly, Morrill of Maine, Robertson, Saulsbury, Schurz, Stevenson, Stockton, Thurman, Tipton, Trumbull, Vickers, Wright.

Those who voted in the negative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Buckingham, Caldwell, Cameron, Carpenter, Chandler, Clayton, Cole, Conkling, Cragin, Edmunds, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Harlan, Hitchcock, Howe, Lewis, Morrill of Vermont, Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Rice, Sawyer, Scott, Sherman, Spencer, Stewart, Sumner, West, Wilson, Windom.

So the amendment proposed by Mr. Trumbull was not agreed to.

On motion by Mr. Thurman to further amend the bill by striking out the third section as amended, which is in the following words:

“ Sec. 3. That in all cases where insurrection, domestic violence, unlawful combinations, or conspiracies in any State shall so obstruct or hinder the execution of the laws thereof, and of the United States, as to deprive any portion or class of the people of such State of any of the rights, privileges, or immunities, or protection, named in the Constitution, and secured by this act, and the constituted authorities of such State shall either be unable to protect, or shall, from any cause, fail in or refuse protection of the people in such rights, such facts shall be deemed a denial by such State of the equal protection of the laws to which they are entitled under the Constitution of the United States; and in all such cases, or whenever any such insurrection, violence, unlawful combination, or conspiracy shall oppose or obstruct the laws of the United States, or the due execution thereof, or impede or obstruct the due course of justice under the same, it shall be lawful for the President, and it shall be his duty, to take Such measures, by the employment of the militia or the land and naval forces of the United States, or of either, or by other means, as he may deem necessary for the suppression of such insurrection, domestic violence, or combinations; and any person who shall be arrested under the provisions of this and the preceding section shall be delivered to the marshal of the proper district, to be dealt with according to law;”

It was determined in the negative,

Yeas 15

Nays 48

On motion by Mr. Thurman,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Johnston, Kelly, Saulsbury, Stevenson, Stockton, Thurman, Tipton, Vickers.

Those who voted in the negative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Buckingham, Caldwell, Cameron, Carpenter, Chandler, Clayton, Cole, Conking, Corbett, Cragin, Edmunds, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Harlan, Hitchcock, Howe, Lewis, Logan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Rice, Robertson, Sawyer, Scott, Sherman, Spencer, Stewart, Sumner, Trumbull, West, Wilson, Windom, Wright.

So the amendment proposed by Mr. Thurman was not agreed to.

0128 128

On motion by Mr. Vickers to further amend the bill in section 3, line 16, by inserting after the word “duty” the words upon the application of the executive or the legislature of such State;

It was determined in the negative,

Yeas 13

Nays 45

On motion by Mr. Blair,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Johnston, Kelly, Saulsbury, Stockton, Thurman, Vickers.

Those who voted in the negative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Buckingham, Caldwell, Carpenter, Chandler, Clayton, Cole, Conkling, Corbett, Cragin, Edmunds, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Harlan, Hitchcock, Howe, Lewis, Logan, Morrill of Maine, Morrill of Vermont, Morton, Nye, Osborn, Pomeroy, Poll, Pratt, Ramsey, Rice, Robertson, Sawyer, Scott, Sherman, Spencer, Stewart, Sumner, Tipton, West, Wilson, Windom.

So the amendment proposed by Mr. Vickers was not agreed to; and

No further amendment being proposed to the bill, it was reported to the Senate; and

On the question to concur in the following amendment made in Committee of the Whole, viz: Insert at the end of the bill the following as an additional section:

Sec. —. That if any house, tenement, cabin, shop, building, barn, or granary shall be unlawfully or feloniously demolished, pulled down, burned, or destroyed, wholly or in part, by any persons riotously and tumultuously assembled together; or if any person shall unlawfully and with force and violence be whipped, scourged, wounded, or killed by any persons riotously and tumultuously assembled together; and if such offense was committed to deprive any person of any right conferred upon him by the Constitution and laws of the United States, or to deter him from or punish him for exercising any such right, or by reason of his race, color, or previous condition, of servitude, in every such case the inhabitants of the county, city, or parish in which any of the said offenses shall be committed shall be liable to pay full compensation to the person or persons damnified by such offense, if living, or to his legal representative, if dead; and such compensation may be recovered by such person or his representative by a suit in any court of the United States of competent jurisdiction in the district in which the offense was committed, to be in the name of the person injured, or his legal representative, and against said county, city, or parish; and execution may be issued on a judgment rendered in such suit, and may be levied upon any property, real or personal, of any person in said county, city, or parish; and the said county, city, or parish may recover the full amount of said judgment, costs and interest, from any person or persons engaged as principal or accessary in such riot, in an action, in any court of competent jurisdiction;

It was determined in the affirmative,

Yeas 38

Nays 24

On motion by Mr. Robertson,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Caldwell, Cameron, Carpenter, Chandler, Clayton, Cole, Conkling, Corbett, Cragin, Edmunds, Ferry of Michigan, Gilbert, Hamilton of Texas, Hamlin, Harlan, Howe, Lewis, Logan, Morton, Nye, Osborn, Pomeroy, Pool, Pratt, Ramsey, 0129 129 Rice, Sawyer, Sherman, Stewart, Sumner, West, Wilson, Windom, Wright.

Those who voted in the negative are—

Messrs. Bayard, Blair, Buckingham, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Prelinghuysen, Hamilton of Maryland, Hill, Hitchcock, Johnston, Kelly, Robertson, Saulsbury, Schurz, Scott, Spencer, Stevenson, Stockton, Thurman, Tipton, Trumbull, Vickers.

So the amendment made in Committee of the Whole was concurred in; and

The residue of the amendments made in Committee of the Whole having been concurred in, and the bill further amended;

On motion by Mr. Morton to further amend the bill in section 6 by striking out all of said section after the word “crime,” in line 13, which is in the following words: “And the act entitled ‘An act defining additional causes of challenge and prescribing an additional oath for grand and petit jurors in the United States courts,’ approved June seventeenth, eighteen hundred and sixty-two, be, and the same is hereby, repealed;”

It was determined in the affirmative,

Yeas 34

Nays 25

On motion by Mr. Thurman,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Cameron, Carpenter, Chandler, Clayton, Cole, Conkling, Corbett, Cragin, Edmunds, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Harlan, Howe, Lewis, Morton, Nye, Osborn, Pomeroy, Pool, Pratt, Ramsey, Rice, Scott, Sherman, Stewart Sumner, Wilson.

Those who voted in the negative are,

Messrs. Bayard, Blair, Buckingham, Caldwell, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Hill, Johnston, Kelly, Logan, Robertson, Saulsbury, Sawyer, Schurz, Stevenson, Stockton, Thurman, Tipton, Trumbull, Vickers, Windom, Wright.

So the amendment proposed by Mr. Morton was agreed to; and

The bill having been further amended on the motion of Mr. Edmunds;

Ordered, That the amendments be engrossed and the bill read a third time.

The said bill as amended was read the third time; and

On the question, Shall the bill pass?

It was determined in the affirmative,

Yeas 45

Nays 19

On motion by Mr. Morton,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Brownlow, Buckingham, Caldwell, Cameron, Carpenter, Chandler, Clayton, Cole, Conkling Corbett, Cragin, Edmunds, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Harlan, Hitchcock, Howe, Lewis, Logan, Morrill of Vermont, Morton, Nye, Osborn, Patterson, Pomeroy, Pool, Pratt, Ramsey, Rice, Sawyer, Scott, Sherman, Spencer, Stewart, Sumner, West, Wilson, Windom, Wright.

Those who voted in the negative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Hill, Johnston, Kelly, Robertson 9* 0130 130 Saulsbury, Schurz, Stevenson, Stockton, Thurman, Tipton, Trumbull, Vickers.

So it was

Resolved, That the bill pass.

Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.

The Vice-President appointed Mr. Pool a member of the Joint Select Committee to inquire into the condition of the late insurrectionary States, in place of Mr. Wilson, excused from service thereon.

Ordered, That the Secretary notify the House of Representatives thereof.

Mr. Nye, upon his own motion, was excused from further service on the Joint Select Committee to inquire into the condition of the late insurrectionary States.

Ordered, That the Vice-President be authorized to appoint a member on the said committee in the place of Mr. Nye, excused; and

The Vice-President appointed Mr. Pratt.

Ordered, That the Secretary notify the House of Representatives thereof.

A message from the House of Representatives, by Mr. McPherson, its Clerk.

Mr. President: The House of Representatives has agreed to the resolution of the Senate to print additional copies of the last annual report of the Commissioner of Education; and

It has passed a bill (H. R. 386) authorizing the Secretary of War to place certain condemned cannon at the disposal of The Pennsylvania Military Legion of the city of Phildelphia, in which it requests the concurrence of the Senate.

On motion by Mr. Edmunds,

Ordered, That the bill (H. R. 320)to enforce the provisions of the fourteenth amendment to the Constitution of the United States, as amended and passed by the Senate, be printed.

The Vice-President laid before the Senate a report of the Secretary of the Navy, communicating, in compliance with the resolution of the Senate of March 13, 1871, proposals made by the International Steamships Company for establishing iron-ship yards and docks.

Ordered, That it lie on the table and be printed.

Mr. Pomeroy submitted a motion that when the Senate adjourns it be to meet on Monday next.

On motion by Mr. Ramsey that the Senate proceed to the consideration of executive business,

It was determined in the negative,

Yeas 30

Nays 31

On motion by Mr. Trumbull,

The yeas and nays being desired by one-fifth of the senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Buckingham, Caldwell, Cameron, Carpenter, Chandler, Clayton, Cole, Conkling, Cragin, Edmunds, Ferry of Michigan, Frelinghuysen, Hamlin, Harlan, Hitchcock, Howe, Lewis, Logan, Morton, Patterson, Ramsey, Sherman, Stewart, Tipton, Wilson, Windom, Wright.

Those who voted in the negative are,

Messrs. Bayard, Blair, Brownlow, Casserly, Cooper, Corbett, Davis of Kentucky, Davis of West Virginia, Gilbert, Hamilton of Maryland, Hamilton of Texas, Hill, Johnston, Kelly, Nye, Osborn, Pomeroy, Pratt, 0131 131 Rice, Robertson, Saulsbury, Sawyer, Schurz, Scott, Spencer, Stevenson, Stockton, Sumner, Thurman, Trumbull, Vickers.

So the motion was not agreed to; and

The question recurring on the motion of Mr. Pomeroy,

On motion by Mr. Sherman, at 6 o'clock and 20 minutes p. m., that the Senate adjourn,

It was determined in the negative.

The Vice-President here informed the Senate that at the expiration of its session to-morrow, he would retire from the duties of the chair for the residue of the session.

The question again recurring on the motion of Mr. Pomeroy,

On motion by Mr. Chandler, at 6 o'clock and 30 minutes p. m., that the Senate adjourn,

It was determined in the affirmative,

Yeas 29

Nays 27

On motion by Mr. Conkling,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Anthony, Boreman, Brownlow, Buckingham, Caldwell, Cameron, Carpenter, Chandler, Clayton, Cole, Conkling, Edmunds, Ferry of Michigan, Gilbert, Hamlin, harlan, Hitchcock, Lewis, Osborn, Pratt, ramsey, Rice, Scott, Spencer, Stewart, Tipton, Wilson, Windom, Wright.

Those who voted in the negative are,

Messrs. Ames, Bayard, Blair, Casserly, Cooper, Corbett, Cragin, Davis of Kentucky, Davis of West Virginia, Frelinghuysen, Hamilton of Maryland, Hamilton of Texas, Hill, Johnston, Kelly, Logan, Nye, Pomeroy, Robertson, Saulsbury, Sawyer, Stevenson, Stockton, Sumner, Thurman, Trumbull, Vickers.

So the motion was agreed to; and

The Senate adjourned.

SATURDAY, April 15, 1871. Link to Annals.

The bill (H. R. 386) authorizing the Secretary of War to place certain condemned can non at the disposal of the Pennsylvania Military Legion of the city of Philadelphia was read and passed to a second reading.

Mr. Tipton presented a resolution of the legislature of the State of Nebraska, requesting the Senators and Representatives in Congress from that State to exert their influence to procure relief for Captain James Murrie for services rendered in suppressing Indian hostilities.

Ordered, That it lie on the table and be printed.

Mr. Tipton presented a resolution of the legislature of the State of Nebraska, asking a grant of public lands for the endowment of normal schools in that State.

Ordered, That it lie on the table and be Printed.

On motion by Mr. Pratt,

Ordered, That Emily I. Filer, administratrix, &c., have leave to withdraw her petition and papers from the files of the Senate.

On motion by Mr. Pratt,

Ordered, That the Committee on Claims be discharged from the further consideration of the petition of Minerva Lewis, and that the petitioner have leave to withdraw her petition and papers.

On motion by Mr. Ramsey,

Ordered, That James Tufts have leave to withdraw his petition and papers from the files of the Senate.

0132 132

On motion by Mr. Harlan,

Ordered, That the petition of Matthew Wright, the petition of Antoinette Darling, the petition of Frank C. Darling, the petition of Clement Wettle, the petition of Miner Yah Loon, the petition of Henry Blackwell, and the petition of Barnard Knowlton, on the files of the Senate, be referred to the Committee on Claims.

Mr. Cole presented the petition of William C. Mosher, heir and legal representative of John Mosher, a lieutenant in the Army of the Revolution, praying to be allowed the commutation pay due his ancestor; which was referred to the Committee on Revolutionary Claims.

Mr. Conkling asked and, by unanimous consent, obtained leave to bring in a bill (S. 315) for the relief of John M. Lamb, of the State of New York; which was read the first and second times by unanimous consent.

On motion by Mr. Anthony,

Ordered, That the hour of the daily meeting of the Senate be 12 o'clock m., until otherwise ordered.

On motion by Mr. Sherman,

The Senate proceeded to consider the motion submitted by him on the 13th instant, that the Senate reconsider its vote agreeing to the resolution instructing the Committee on Finance, during the recess of Congress, to examine the existing system of taxation with a view to simplify, revise, and reduce both the customs and internal revenue taxes.

After debate,

Mr. Sherman withdrew his motion to reconsider.

On motion by Mr. Robertson that the Senate proceed to the consideration of the motion submitted by him on the 12th instant to amend the order of the Senate of the 22d of March last, prescribing the legislative business to be considered during the present session;

Pending debate,

On motion by Mr. Frelinghuysen that the Senate proceed to the consideration of executive business,

It was determined in the affirmative,

Yeas 31

Nays 24

On motion by Mr. Thurman,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Caldwell, Cameron, Carpenter, Chandler, Clayton, Cole, Conkling, Cragin, Edmunds, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hamlin, Howe, Morrill of Maine, Morrill of Vermont, Morton, Patterson, Pratt, Ramsey, Rice, Scott, Sherman, Stewart, Sumner, Windom, Wright.

Those who voted in the negative are,

Messrs. Bayard, Blair, Buckingham, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Harlan, Hitchcock, Johnston, Kelly, Lewis, Robertson, Saulsbury, Sawyer, Schurz, Sprague, Stockton, Thurman, Tipton, Trumbull, Vickers, Wilson.

So the motion was agreed to; and

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened, and

The Senate adjourned.

0133 133
MONDAY, April 17, 1871. Link to Annals.

The Secretary called the Senate to order, and read the following letter:

Vice President's Chamber, Washington, April 15, 1871.

Dear Sir: Please inform the Senate, on its assembling Monday morning, that I shall not occupy the chair during the remainder of this session.

Respectfully yours,

SCHUYLER COLFAX.

George C. Gorham, Esq., Secretary United States Senate.

Mr. Sumner submitted the following resolution; which was Considered, by unanimous consent, and agreed to:

Resolved, That in the absence of the Vice-President the Hon. Henry B. Anthony be, and he is hereby, chosen President of the Senate pro tempore.

Whereupon,

Mr. Anthony took the chair.

On motion by Mr. Sumner,

Ordered, That the Secretary inform the President of the United States that, in the absence of the Vice-President, the Senate has chosen the Hon. Henry B. Anthony, a Senator from the State of Rhode Island, President of the Senate pro tempore, and that he make a similar communication to the House of Representatives.

On motion by Mr. Morrill, of Vermont,

Ordered, That the Committee on Public Buildings and Grounds have leave to sit during the recess of Congress.

The President pro tempore laid before the Senate a letter from the Secretary of the Interior, communicating, in compliance with the resolution of the Senate of the 13th instant, a statement of the representatives and total population of the United States as shown by the ninth census.

Ordered, That it lie on the table and be printed.

The President pro tempore laid before the Senate a letter from the Secretary of War, communicating an engineer reconnaissance of the Yukon River, Alaska Territory, accompanied by an appendix and map.

Ordered, That it be referred to the Committee on Military Affairs and printed.

The President pro tempore laid before the Senate a letter from the treasurer of the Washington City Savings Bank, communicating, in compliance with law, the annual statement of the condition and affairs of said bank for the year ending April 1, 1871.

Ordered, That it be referred to the Committee on the District of Columbia.

Mr. Sherman presented the petition of citizens of Syracuse, New York, and the petition of citizens of Springfield, Robertson County, Tennessee, praying a revision of the laws relating to the collection of internal revenue; which were referred to the Committee on Finance.

On motion by Mr. Sherman,

Ordered, That the several petitions heretofore presented praying a revision of the laws relating to the collection of internal revenue be referred to the Committee on Finance.

Mr. Rice presented a petition of citizens of Columbia and Hempstead Counties, in the State of Arkansas, praying the establishment of a 0134 134 mail route from La Martine, Columbia County, to Centerville, in Hempstead County.

Ordered, That it lie on the table.

Mr. Boreman presented the petition of James V. Boughner, praying a confirmation of title to certain land and the issue of a patent therefor.

Ordered, That it lie on the table.

Mr. Anthony presented a petition of manufacturers of machinery, praying an increase of duty on imported machinery manufactured in whole or in part of iron or steel.

Ordered, That it be referred to the Committee on Finance.

Mr. Wilson submitted the following resolution for consideration:

Resolved, That The use of the hall of the Senate be granted to the general convention of Young Men's Christian Associations of the United States and British Provinces, which convenes May 24, 1871.

On motion by Mr. Davis,

The joint resolution (H. R. 42) giving the consent of Congress to Professor Joseph Henry, Secretary of the Smithsonian Institution, to accept the title and regalia of a Commander of the Royal Norwegian Order of St. Olaf, conferred upon him by the King of Sweden and Norway, grand master of said order, was read the second time and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it pass to a third reading.

The said resolution was read the third time, by unanimous consent.

Resolved, That it pass.

Ordered, That the Secretary notify the House of Representatives thereof.

Mr. Thurman submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the pay of the pages of the Senate be continued until the end of the present month, and that the Secretary is hereby directed to allow and pay the same.

Mr. Ramsey submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the Secretary of the Senate be, and hereby, authorized and directed to pay committee clerks of the Senate during the remainder of the present month.

Mr. Spencer asked and, by unanimous consent, obtained leave to bring in a bill (S. 316) to protect the lives and property of the crews and passengers on board sea-going and coasting vessels; which was read the first and second times, by unanimous consent, referred to the Committee on Commerce, and ordered to be printed.

Mr. Harlan asked and, by unanimous consent, obtained leave to bring in the following bills; which were severally read, passed to a second reading, and ordered to be printed:

S. 317. A bill relating to rights of actual settlers upon public lands.

S. 318. A bill to authorize the President of the United States to ascertain the value of certain lands in the State of Iowa, north of the Raccoon Fork of the Des Moines River, held by settlers under the preemption and homestead laws of the United States, and subsequent to the settlement thereof, determined by the Supreme Court of the United States to be Des Moines River improvement lands.

On motion by Mr. Ramsey,

The Senate proceeded to consider, as in Committee of the Whole, the bill (H. R. 181) to establish post routes; and the amendments reported by the Committee on Post Offices and Post Roads having been agreed 0135 135 to, the bill was reported to the Senate, and the amendments were concurred in.

Ordered, That the amendments be engrossed and the bill read a third time.

The said bill, as amended, was read the third time.

Resolved, That it pass.

Ordered, That the Secretary request the concurrence of the House of Representatives in the amendments.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has agreed to some and disagreed to other amendments of the Senate to the bill of the House (H. R. 19) making appropriations for the payment of additional clerks and messengers in the Pension Office. and for other purposes; and it has agreed to other amendments of the Senate to the said bill, with amendments. It asks a conference on the disagreeing votes of the two Houses thereon, and has appointed Mr. Dawes, Mr. Kelley, and Mr. Beck managers at the same on its part; and

It has agreed to some and disagreed to other amendments of the Senate to the bill of the House (H. R. 320) to enforce the provisions of the fourteenth amendment to the Constitution of the United States, and for other purposes. It asks a conference on the disagreeing votes of the two Houses thereon, and has appointed Mr. Shellabarger, Mr. Scofield, and Mr. Kerr managers at the same on its part.

The Senate proceeded to consider its amendments to the bill of the House (H. R. 320) to enforce the provisions of the fourteenth amendment to the Constitution of the United States, and for other purposes, disagreed to by the House of Representatives; and

On motion by Mr. Edmunds that the Senate insist upon its amendment to the said bill disagreed to by the House of Representatives, and agree to the conference asked by the House on the disagreeing votes of the two Houses thereon;

On motion by Mr. Trumbull that the Senate recede from its amendment to the said bill; and

On the question to agree thereto,

It was determined in the negative,

Yeas 17

Nays 33

On motion by Mr. Trumbull,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Caldwell, Casserly, Cooper, Davis of Kentucky, Hill, Johnston, Kelly, Robertson, Saulsbury, Schurz, Stevenson, Thurman, Trumbull, Vickers, Wright.

Those who voted in the negative are,

Messrs. Anthony, Boreman, Chandler, Clayton, Cole, Conkling, Corbett, Cragin, Edmunds, Fenton, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Harlan, Howe, Lewis, Morrill of Vermont, Morton, Osborn, Patterson, Pomeroy, Pratt, Ramsey, Rice, Sawyer, Scott, Sherman, Spencer, Stewart, Sumner, Wilson, Windom.

So the motion of Mr. Trumbull was not agreed to; and

The question recurring on the motion of Mr. Edmunds,

It was determined in the affirmative.

So it was

Resolved, That the Senate insist upon its amendments to the said bill disagreed to by the House of Representatives, and agree to the conference asked by the House on the disagreeing votes of the two Houses thereon.

0136 136

Ordered, That the conferees on the part of the Senate be appointed by the President pro tempore; and

The President pro tempore appointed Mr. Edmunds, Mr. Sherman, and Mr. Stevenson.

Ordered, That the Secretary notify the House of Representatives thereof.

The Senate proceeded to consider its amendments to the bill of the House (H. R. 19) making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes, disagreed to by the House of Representatives, and the amendments of the House to other amendments of the Senate to the said bill.

On motion by Mr. Cole,

Resolved, That the Senate insist upon its amendments to the said bill disagreed to by the House of Representatives, and disagree to the amendments of the House to other amendments of the Senate, and agree to the conference asked by the House of Representatives on the disagreeing votes of the two Houses thereon.

Ordered, That the conferees on the part of the Senate be appointed by the President pro tempore; and

The President pro tempore appointed Mr. Cole, Mr. Morrill of Vermont, and Mr. Bayard.

Ordered, That the Secretary notify the House of Representatives thereof.

On motion by Mr. Conkling,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business, the doors were opened; and,

On motion by Mr. Fenton,

The bill (H. R. 322)to authorize the Secretary of the Treasury to change the name of the ship “William F. Storer” was read the second time and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it pass to a third reading.

The said bill was read the third time, by unanimous consent.

Resolved, That it pass.

Ordered, That the Secretary notify the House of Representatives thereof.

On motion by Mr. Scott,

The bill (H. R. 386) authorizing the Secretary of War to place certain condemned cannon at the disposal of the Pennsylvania Military Legion of the city of Philadelphia was read the second time and considered as in Committee of the Whole; and no amendment being made, it was reported to the Senate.

Ordered, That it pass to a third reading.

The said bill was read the third time, by unanimous consent.

Resolved, That it pass.

Ordered, That the Secretary notify the House of Representatives thereof.

On motion by Mr. Sherman, at 15 minutes past 2 o'clock,

The Senate took a recess until half after 3 o'clock p. m.

HALF AFTER THREE O'CLOCK P. M.

Mr. Logan presented the memorial of Robert Tillson and Company, of Quincy, Illinois, praying the allowance of their claim for damages sustained in consequence of the failure of the United States to fulfill a 0137 137 certain contract made with them for equipments, accoutrements, &c., in the year 1862; which was referred to the Committee on Military Affairs and

Then,

On motion by Mr. Stewart, at 25 minutes before 4 o'clock p. m.,

The Senate adjourned.

TUESDAY, April 18, 1871. Link to Annals.

A message from the President of the United States, by Mr. Porter, his secretary:

Mr. President: The President of the United States approved and signed, on the 15th instant, an act (S. 295) authorizing the Secretary of War to place at the disposal of the Lyons Monument Association of Missouri certain condemned cannon.

Ordered, That the Secretary notify the House of Representatives thereof.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has passed the following bills of the Senate:

S. 45. An act to enable the Leavenworth, Lawrence and Galveston Railroad Company to relocate a portion of its road;

S. 90. An act for the relief of John E. Wheeler; and

It has passed the following bills, in which it requests the concurrence of the Senate:

H. R. 425. An act to authorize the Secretary of War to give Wisewell Barracks to the Beulah Baptist Church.

H. R. 426. An act for convening the next legislative assembly of the Territory of New Mexico, and for other purposes.

H. R. 427. An act declaring a post route in the State of Georgia.

The House of Representatives has passed the following resolution, in which it requests the concurrence of the Senate:

Resolved, (the Senate concurring,) That the President is hereby requested to organize a commission composed of Army and Navy officers, five in number, to examine and report to Congress on or before the 20th of December next:

First. Upon the propriety of removing the Brooklyn yard from its present site, and selling the land connected with the yard and the marine hospital, and the probable sum that could be realized to the Government by such sale.

Second. Upon the propriety, in case of said removal, of constructing a new yard, and, if deemed advisable, where the same, in their judgement, should be located; also, the estimated cost of a suitable site, and of construction.

Third. Upon the propriety of building a new marine hospital in case of the removal of the one at Brooklyn, where it should be located, and the estimated cost thereof.

The President of the United States approved and signed, on the 7th instant, an act (H. R. 321) for the relief of Robert Moir and Company.

The Speaker of the House of Representatives having signed an enrolled joint resolution, (H. Res. 42,)I am directed to bring it to the Senate for the signature of its President.

On motion by Mr. Wilson,

Ordered, That William Hensey have leave to withdraw his petition and papers from the files of the Senate.

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On motion by Mr. Sawyer,

Ordered, That Benjamin D. Roper, J. W. Johnson, executor of Wm. Ellison, Mary E. Carlisle, Sarah Carson, W. S. Mitchell, Louisa H. Hasell, Thos. Devine, and the Maysville and Lexington Railroad Company, severally, have leave to withdraw their petitions and papers from the files of the Senate.

Mr. West submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Whereas the State of Louisiana has contracted with the Louisiana Levee Company, said company agreeing to construct, maintain, repair, and keep in repair for twenty-one years, all levees necessary for the protection of the alluvial lands of said State from overflow by the waters of the Mississippi River and its tributaries; and whereas it is stipulated in said contract that all new levees shall be located, and the dimensions of all the levees shall be determined by a commission of three engineers to be appointed as follows: One by the governor of the State of Louisiana, one by the said company, and one by the Government of the United States; therefore,

Resolved, That the President be, and he is hereby, requested to detail an officer of engineers, who, together with the engineer appointed by the governor of Louisiana, and the one appointed by said company, shall proceed to determine the location and dimensions of all levees to be constructed, strengthened, and repaired as required by the contract between the State of Louisiana and the Louisiana Levee Company.

Mr. Morrill, of Vermont, submitted the following resolution; which was considered, by unanimous consent, and agreed to:

Resolved, That the Committee on Public Buildings and Grounds be instructed to inquire as to the propriety of requiring all railroad depots in the city of Washington where steam engines are used to be further removed from the public buildings or public grounds, and report thereon at the next session of Congress.

Mr. Lewis reported from the committee that they had examined and found duly enrolled the joint resolution (H. Res. 42) giving the consent of Congress to Professor Joseph Henry, secretary of the Smithsonian Institution, to accept the title and regalia of a Commander of the Royal Norwegian Order of St. Olaf, conferred on him by the King of Sweden and Norway, grand master of said order.

The President pro tempore signed the enrolled joint resolution (H. Res. 42) last reported to have been examined, and it was delivered to the committee to be presented to the President of the United States.

A message from the House of Representatives, by Mr. McPherson, its Clerk:

Mr. President: The House of Representatives has passed the following bills of the Senate:

S. 53. An act for the restoration of Commander Geo. A. Stevens, United States Navy, to the active list from the retired list;

S. 89. An act to create a port of delivery at Potomac, Virginia, and for other purposes;

S. 137. An act to authorize the the payment of duplicate checks of disbursing officers; and

It has passed the bill of the Senate (S. 178) for the relief of Nicholas P. Trist, negotiator of the treaty of Guadalupe Hidalgo; with amendments, in which it requests the concurrence of the Senate.

The Speaker of the House of Representatives having signed two enrolled bills (S. 45 and S. 90) I am directed to bring them to the Senate for the signature of its President.

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Mr. Lewis reported from the committee that they had examined and found duly enrolled the following bills:

S. 45. An act to enable the Leavenworth, Lawrence and Galveston Railroad to relocate a portion of its road.

S. 90. An act for the relief of John E. Wheeler.

The President pro tempore signed the two enrolled bills (S. 45 and S. 90) last reported to have been examined, and they were delivered to the committee to be presented to the President of the United States.

A message from the House of Representatives, by Mr. McPherson, its Clerk.

Mr. President: The House of Representatives has passed the following bills of the Senate:

S. 116. An act concerning the compensation of the collector of customs for the district of Willamette, in the State of Oregon;

S. 232. An act to enable the Houghton and Ontonagon Railroad Company to make a resurvey of its road;

S. 242. An act to enable the Atlantic and Pacific Railroad Company to mortgage its road;

S. 255. An act for the relief of Anna M. Howard;

S. 257. An act to amend the act approved June 16, 1862, entitled “An act providing for the election of jurors to serve in the several courts of the District of Columbia;

S. 273. An act authorizing the Secretary of the Treasury to convey the United States branch mint at Dahlonega, Georgia, to the trustees of the North Georgia Agricultural College for educational purposes

S. 294. An act for the relief of the inhabitants of the town of Arcata, in Humboldt County, California; and

It has passed a bill (H. R. 428) to establish certain post roads, in which it requests the concurrence of the Senate.

The House of Representatives has appointed Mr. Poland, Mr. Maynard, Mr. Scofield, Mr. Burton C. Cook, Mr. Coburn, Mr. Stevenson, Mr. Buckley, Mr. Lansing, Mr. S. S. Cox, Mr. Beck, Mr. Voorhees, Mr. Van Trump, Mr. Waddell, and Mr. Robinson the Joint Select Committee on the part of the House to investigate the condition of affairs in the late insurrectionary States.

The Speaker of the house of Representatives having signed six enrolled bills, (S. 53, S. 89, S. 137, H. R. 181, H. R. 322, and H. R. 386,) I am directed to bring them to the Senate for the signature of its President.

Mr. Lewis reported from the committee that they had examined and found duly enrolled the following bills:

S. 53. An act for the restoration of Commander George A. Stevens, United States Navy to the active list from the retired list.

S. 89. An act to create a port of delivery at Potomac, Virginia, and for other purposes.

S. 137. An act to authorize the payment of duplicate checks of disbursing officers.

H. R. 181. An act to establish post routes.

H. R. 322. An act to authorize the Secretary of the Treasury to change the name of the ship William F. Storer.

H. R. 386. An act authorizing the Secretary of War to place certain condemned cannon at the disposal of The Pennsylvania Military Legion of the city of Philadelphia.

The President pro tempore signed the six enrolled bills (S. 53, S. 89, S. 137, H. R. 181, H. R. 322, and H. R. 386) last reported to have been 0140 140 examined, and they were delivered to the committee to be presented to the President of the United States.

Mr. Edmunds, from the committee of conference on the disagreeing votes of the two Houses on the bill of the House (H. R. 320) to enforce the provisions of the fourteenth amendment to the Constitution of the United States, submitted the following report:

The committee of conference of the two Houses on their disagreeing votes upon the bill of the House entitled (H. R. 320) “An act to enforce the provisions of the fourteenth amendment to the Constitution of the United States, and for other purposes,” respectfully report that, having met, after full and free conference thereon they do recommend that—

First. The House of Representatives recede from its disagreement to the amendment of the Senate numbered 3, on the second page and twentieth line thereof, and agree to the same with the modification following, to wit: Strike out all said Senate amendment in that line, and insert the same after the word “office,” in line 21 of the same page, in the words following: or to injure his person while engaged in the lawful discharge of the duties of his office, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duty; and that the Senate agree to the same.

Second. That the House of Representatives recede from its disagreement to the eighteenth amendment of the Senate, being on page 7 of said bill, and agree to the same.

Third. That the House of Representatives recede from its disagreement to the twentieth amendment of the Senate to said bill, being on page 8 thereof, and agree to the same, modified as follows, to wit: In lieu of the amendment of the Senate as stated, insert after the word “the,” in line 1 of page 8, these words, first section of the; and that the Senate agree to the same.

Fourth. That the two Houses agree to a substitute for the twenty-first amendment of the Senate, as follows:

That if any house, tenement, cabin, shop, building, barn, or granary shall be unlawfully or feloniously demolished, pulled down, burned or destroyed, wholly or in part, by any persons riotously and tumultuously assembled together; or if any person shall unlawfully and with force and violence be whipped, scourged, wounded, or killed by any persons riotously and tumultuously assembled together, with integer to deprive any person of any right conferred upon him by the Constitution and laws of the United States, or to deter him or punish him for exercising such right, or by reason of his race, color, or previous condition of servitude, in every such case the county, city, or parish in which any of the said offenses shalt be committed shall be liable to pay full compensation to the person or persons damnified by such offense, if living, or to his widow or legal representative if dead; and such compensation may be recovered in an action on the case by such person or his representative in any court of the United States of competent jurisdiction in the district in which the offense was committed, such action to be in the name of the person injured, or his legal representative, and against said county, city, or parish; and in which action any of the parties committing such acts may be joined as defendants. And any payment of any judgment, or part thereof; unsatisfied, recovered by the plaintiff in such action, may, if not satisfied by the individual defendant therein within two months next after the recovery of such judgment upon execution duly issued against such individual defendant in such judgment, and returned unsatisfied, in whole or in part, be enforced against such county, city, or parish by execution, attachment, mandamus, garnishment, or any other proceeding in aid of execution or applicable to the enforcement of judgments against municipal corporations; and such judgment shalt be a lien as well upon all moneys in the 0141 141 treasury of such county, city, or parish, as upon the other property thereof. And the court in any such action may, on motion, cause additional parties to be made therein prior to issue joined, to the end that justice may be done. And the said county, city, or parish may recover the full amount of such judgment, by it paid, with costs and interest, from any person or persons engaged as principal or accessory in such riot, in an action in any court of competent jurisdiction. And such county, city, or parish, so paying shall also be subrogated to all the plaintiff's rights under such judgment.

And that the same stand as section 6 of the said bill, and that section 6 stand as section 5, and that section 5 be transferred to the end of the bill as section 7.

GEORGE F. EDMUNDS,

JOHN SHERMAN,

Managers on the part of the Senate.

S. SHELLABARGER,

G. W. SCOFIELD,

Managers on the part of the House.

The Senate proceeded to consider the report.

On motion by Mr. Thurman that the further consideration of the report be postponed to to-morrow and that it be printed;

Pending debate,

Mr. Cole asked the unanimous consent of the Senate to submit a report from the committee of conference on the disagreeing votes of the two Houses on the bill of the House (H. R. 19) making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes; and

Unanimous consent having been obtained by Mr. Cole, subject to the call for the regular order of business,

Mr. Cole, from the committee of conference on the disagreeing votes of the two Houses on the bill of the House (H. R. 19) making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes, submitted the following report:

The committee of conference on the disagreeing votes of the two Houses on the amendments to the bill (H. R. 19) making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes, having met, after full and free conference have agreed to recommend, and do recommend, to their respective Houses as follows:

That the Senate recede from its amendments numbered 18, 21, 32, 33, 49, 50, 63, and 64.

That the House of Representatives recede from its disagreement to the amendments of the Senate numbered 22, 40, 45, and 47, and agree to the same.

That the Senate recede from its disagreement to the amendment of the House to the fifth amendment of the Senate, and agree to the same with the following amendments: In lines 2 and 3 of said House amendment strike out the words “competent lawyer,” and insert in lieu the following words: one employed; and in line 3 of said amendment, after the word “justice,” insert the following words: learned in the law; and in line 5 of said amendment strike out the words “in the interest,” and insert in lieu the following words: on behalf; and at the end of line 5 of said House amendment add the following: and the commissioners of claims shall have the same authority in regard to taking testimony to be used before them that is now conferred upon the Court of Claims; and the House agree to the same.

That the Senate recede from its disagreement to the amendment of 0142 142 the House to the seventeenth amendment of the Senate, and agree to the same with the following amendment: At the end of said House amendment add the following words: and said board shall be held to be an existing board for all the purposes specified in the act to provide a government for the District of Columbia, from and after the appointment and qualification of the members thereof; and the House agree to the same.

That the Senate recede from its disagreement to the amendments of the House to the thirty-seventh amendment of the Senate, and agree to the same with the following amendment at the end of said House amendment: Add the following words: and the sum of five thousand seven hundred and one dollars and sixty-five cents of unexpended balances of certain appropriations for the Department of Agriculture be carried into the Treasury, and the proper accounting officers of the Treasury are hereby authorized to settle and adjust any accounts of said Department which may be overdrawn, to the amount of two thousand six hundred and sixty-nine dollars and thirty-seven cents; and the sum of three thousand and thirty-two dollars and twenty-eight cents, being the remainder of the sum first named herein, is hereby appropriated for the completion of the greenhouse of the Department of Agriculture; and the House agree to the same.

That the House recede from its disagreement to the fifty-sixth amendment of the Senate, and agree to the same with the following amendments: In line 2 of said amendment, after the word “association” insert the word condemned; and in line 3 of said amendment, after the word “bedding” insert if such there be; and the Senate agree to the same.

That the Senate recede from its disagreement to the amendment of the House to the fifty-ninth amendment of the Senate, and agree to the same with amendments as follows: Strike out the word “last” in said House amendment and insert in lieu thereof the word present; and also strike out the word “five” and insert the word six; and the House agree to the same.

That the Senate recede from its disagreement to the first clause of the amendment of the House to the sixtieth amendment of the Senate, and agree to the same.

And that the Senate agree to the second clause of the amendment of the House to the sixtieth amendment of the Senate with the following amendment: Strike out the last word of said clause and insert in lieu thereof the following words: of said act creating said commissioners of claims; and the House agree to the same.

And that the House recede from the third clause of their amendment to said sixtieth amendment of the Senate.

And the Senate agree to the fourth clause of the amendment of the House to said sixtieth amendment of the Senate in the following words: “For covering the steam-pipes in the Capitol with fire-proof non-conducting felting, eight thousand dollars.”

That the Senate recede from its disagreement to the several amendments of the House to the twenty-fourth, twenty-sixth, thirty-fifth, thirty-ninth, forty-second, forty-third, forty-fourth, forty-eighth, fifty-first, and fifty-second amendments of the Senate, and agree to the same.

C. COLE,

T. F. BAYARD,

Managers on the part of the Senate.

H. L. DAWES,

WM. D. KELLEY,

JAMES B. BECK,

Managers on the part of the House.

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The Senate proceeded to consider the report; and

Pending debate thereon,

The regular order of business being called for,

The Senate resumed the consideration of the report of the committee of conference on the disagreeing votes of the two Houses on the bill of the House (H. R. 320) to enforce the provisions of the fourteenth amendment to the Constitution of the United States, and for other purposes; and

Pending debate thereon,

On motion by Mr. Conkling, at 5 o'clock and 25 minutes p. m.,

The Senate took a recess until half after 7 o'clock p. m.

HALF AFTER SEVEN O'CLOCK P. M.

The bills (H. R. 425, H. R. 426, H. R. 427, and H. R. 428) this day received from the House of Representatives for concurrence were severally read and passed to a second reading.

The Senate resumed the consideration of the report of the committee of conference on the disagreeing votes of the two Houses on the bill of the House (H. R. 320) to enforce the provisions of the fourteenth amendment to the Constitution of the United States, and for other purposes.

After debate,

On the question to agree to the motion submitted by Mr. Thurman, that the further consideration of the said report be postponed to to-morrow and printed,

Mr. Davis, of Kentucky, called for a division of the question on the said motion; and

On the question to agree to the first branch of the motion, viz: That the further consideration of the said report be postponed to tomorrow,

It was determined in the negative,

Yeas 13

Nays 29

On motion by Mr. Davis, of Kentucky,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Johnston, Kelly, Saulsbury, Stevenson, Stockton, Thurman, Vickers.

Those who voted in the negative are,

Messrs. Ames, Anthony, Boreman, Cameron, Carpenter, Chandler, Cole, Edmunds, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Hitchcock, Logan, Morrill of Vermont, Morton, Nye, Pomeroy, Pratt, Ramsey, Sawyer, Sherman, Spencer, Stewart, Tipton, Trumbull, Wilson, Windom, Wright.

So the motion to postpone the farther consideration of the said report was not agreed to; and After further debate,

On the question to agree to the report,

It was determined in the affirmative,

Yeas 32

Nays 16

On motion by Mr. Blair,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Ames, Anthony, Boreman, Caldwell, Cameron, Carpenter, Chandler, Clayton, Cole, Conkling, Corbett, Cragin, Edmunds, Ferry of Michigan, Gilbert, Hamilton of Texas, Hitchcock, Howe, Logan, Morrill 0144 144 of Vermont, Nye, Pomeroy, Pratt, Ramsey, Sawyer, Scott, Sherman, Spencer, Stewart, Wilson, Windom, Wright.

Those who voted in the negative are,

Messrs. Bayard, Blair, Casserly, Cooper, Davis of Kentucky, Davis of West Virginia, Fenton, Johnston, Kelly, Saulsbury, Schurz, Sprague, Stevenson, Stockton, Thurman, Vickers.

So it was

Resolved, That the Senate agree to the report of the committee of conference on the disagreeing votes of the two Houses on the bill of the House (H. R. 320) to enforce the provisions of the fourteenth amendment to the Constitution of the United States, and for other purposes.

Ordered, That the Secretary notify the House of Representatives thereof.

The Senate then resumed the consideration of the report of the committee of conference on the disagreeing votes of the two Houses on the bill of the House (H. R. 19) making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes; and

After debate,

On the question to agree to the report,

It was determined in the negative,

Yeas 26

Nays 26

On motion by Mr. Pomeroy,

The yeas and nays being desired by one-fifth of the Senators present,

Those who voted in the affirmative are,

Messrs. Bayard, Blair, Casserly, Clayton, Cole, Cooper, Davis of Kentucky, Davis of West Virginia, Hamilton of Maryland, Hitchcock, Johnston, Kelly, Lewis, Nye, Pratt, Ramsey, Robertson, Saulsbury, Sawyer, Sherman, Spencer, Stevenson, Stockton, Thurman, Vickers, Windom.

Those who voted in the negative are,

Messrs. Ames, Boreman, Caldwell, Cameron, Carpenter, Chandler, Conkling, Corbett, Edmunds, Fenton, Ferry of Michigan, Frelinghuysen, Gilbert, Hamilton of Texas, Harlan, Howe, Logan, Morrill of Vermont, Osborn, Patterson, Pomeroy, Scott, Stewart, Trumbull, Wilson, Wright.

So the report of the committee of conference on the disagreeing votes of the two Houses on the bill of the House (H. R. 19) making appropriations for the payment of additional clerks and messengers in the Pension Office, and for other purposes, was not agreed to.

On motion by Mr. Morrill, of Vermont,

Resolved, That the Senate further insists upon its amendments to the said bill disagreed to by the House of Representatives, and insists upon its disagreement to the amendments of the House to other amendments of the Senate, and asks a further conference on the disagreeing votes of the two Houses thereon.

Ordered, That the conferees on the part of the Senate be appointed by the President pro tempore; and

The President pro tempore appointed Mr. Cole, Mr. Conkling, and Mr. Scott.

Ordered, That the Secretary notify the House of Representatives thereof.

Mr. Carpenter, upon his own motion, was excused from further services on the Committee on Enrolled Bills.

On motion by Mr. Wilson,

Ordered, That James N. Carpenter have leave to withdraw his petition and papers from the files of the Senate.

0145 145

Mr. Conkling submitted the following resolution for consideration:

Resolved by the Senate, (the House of Representatives concurring,) That on Wednesday, the 19th of April instant, at o'clock, the President of the Senate and the Speaker of the House adjourn their respective Houses without day.

On motion by Mr. Cameron,

The Senate proceeded to the consideration of executive business; and

After the consideration of executive business the doors were opened, and

On motion by Mr. Boreman, at 10 minutes before 12 o'clock p. m.,

The Senate adjourned.

WEDNESDAY, April 19, 1871. Link to Annals.

On motion by Mr. Edmunds, that the Senate reconsider its vote excusing Mr. Carpenter from further service on the Committee on Enrolled Bills,

It was determined in the affirmative; and

The quest