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dent of the United States to transfer a gunboat to the Government of the republic of Liberia;

ing the bill so amended as to deduct the amount
furnished the judges from the copies furnished
the Senate. I think it is desirable that these
Globes should be in the offices of the district
A joint resolution (S. No. 45) protesting
judges, to be transmitted to their successors. against pardons by foreign Governments of
Undoubtedly, every judge gets the Globe, but persons convicted of infamous offenses on con-
when he goes out of his office he takes that || dition of emigration to the United States; and
with him, with the rest of his private documents. A joint resolution (S. R. No. 49) for the
However, if the bill does not meet the appro- temporary relief of the destitute people in the
bation of the Senate, I will not press it.
District of Columbia.

Mr. FESSENDEN. That object may be secured by giving these copies to the district court library; but I do not see any necessity for buying so large a number for them when we have so many to throw away.

Mr. WILLIAMS. I do not see why it is not just as reasonable to furnish the judges-I am speaking particularly at this time on behalf of the territorial judges-a copy of the Congressional Globe as it is to furnish them with copies of the other public documents, and with a copy of the Decisions of the Supreme Court of the United States. These are all furnished to the judges free of expense. The public documents that are sent to the judges are of very little value. The reports of the Supreme Court of course are of value; but there is no public document of a legislative nature that will be of so much value to the judges of these courts as a copy of the Congressional Globe, because it is frequently necessary to consult the Globe in discussing questions of law. I understand that Delegates from the Territories are furnished like members with a distributive share of the Congressional Globe, but I am confident that very few of them ever reach the Territories; and there is no probability, unless some particular provision is made, that these judges will be furnished with the Globe. I think an expenditure of money could not be more wisely made than to supply judges with the Globe.

Mr. ANTHONY. If there is any serious objection to this bill I will consent to its going over, and I will prepare an amendment that the Globes furnished to the district judges shall be deducted from the quota furnished the Senate. I move that the further consideration of the bill be postponed until to-morrow. The motion was agreed to.

ELISHA W. DUNN.

Mr. CRAGIN. I move to take up Senate bill No. 202, for the relief of Elisha W. Dunn, a paymaster in the United States Navy.

Mr. LANE, of Indiana. I call for the regular order of the day if the morning business is over.

The PRESIDENT pro tempore. After the morning hour has expired the business referred to by the Senator from Indiana will come up; but in the opinion of the Chair matters of this sort are in order, subject, of course, to the vote of the Senate, until one o'clock.

The motion of Mr. CRAGIN was agreed to; and the bill (S. No. 202) for the relief of Elisha W. Dunn, a paymaster in the United States Navy, was read a second time, and considered as in Committee of the Whole. It proposes to direct the proper accounting officers of the Treasury in the settlement of the accounts of Elisha W. Dunn, a paymaster in the United States Navy, to receive and allow, where the proper vouchers cannot be obtained, statements verified by his oath, or such other satisfactory evidence as he may present, of all expenditures made by him for the Government, or losses sustained by him in consequence of the destruction by fire of the money, papers, and property of the United States in his charge on board of the United States naval wharf-boat at Mound City, Illinois, at the burning of that vessel on the 1st of June, 1864.

The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed.

MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by Mr. LLOYD, its Chief Clerk, announced that the House of Representatives had agreed to the following bill and joint resolutions of the Senate:

A bill (S. No. 229) to authorize the Presi

The message further announced that the House of Representatives had passed the joint resolution (S. R. No. 29) for the transfer of funds appropriated for the payment of salaries in the Post Office Department to the general salary account of that Department, with an amendment, in which it requested the concur rence of the Senate.

The message further announced that the House of Representatives had agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the amendments to the bill (H. R. No. 184) to authorize the sale of marine hospitals and of revenue cutters.

a willful violation of this law by any such officer, to remove him forthwith from office.

Mr. JOHNSON. Does that come from a committee? It appears to me to be very stringent legislation that no leave of absence shall be granted.

Mr. BROWN. Does it come from the Judiciary Committee?

Mr. JOHNSON. From the Committee on Territories, I understand.

Mr. ANTHONY. Willful absence is punishable

Mr. GRIMES. Here it is:

That no person in any Territory now in office, or who may hereafter be in office by appointment of the President, after he enters upon the discharge of his official duties, shall be absent from the Territory of which he is an officer for more than thirty days at any one time, and no leave of absence shall be necessary or granted to any such officer.

Mr. JOHNSON. That is independent of the cause of the absence; the illness of his family may cause him to remain away from his post. It appears to me to be rather stringent legis

lation.

Mr. WILLIAMS. The object of this bill is The message further announced that the to prevent officers of the Territories from abHouse of Representatives had passed the consenting themselves from the performance of current resolution of the Senate, prohibiting the sale of spirituous and other intoxicating liquors about the Capitol building and grounds, with an amendment, in which it requested the concurrence of the Senate.

The message further announced that the House of Representatives had passed a joint resolution (H. R. No. 46) for the relief of Martha McCook, in which it requested the concurrence of the Senate.

ENROLLED BILLS SIGNED.

The message further announced that the Speaker of the House of Representatives had signed the following enrolled bills and joint resolutions; and they were thereupon signed by the President pro tempore:

A bill (S. No. 199) to establish the collection district of Port Huron, the collection district of Michigan, the collection district of Montana and Idaho, and to change the name of the collection district of Penobscot;

A bill (S. No. 31) to reimburse the State of Missouri for moneys expended for the United ing militia forces to aid in suppressing the States in enrolling, equipping, and provision

rebellion;

A bill (S. No. 229) to authorize the President of the United States to transfer a gunboat to the Government of the republic of Liberia;

A bill (H. R. No. 150) for the relief of the administrators and securities of Almon W. Babbitt, late secretary of Utah;

A bill (H. R. No. 471) to provide that the "Soldier's Individual Memorial" shall be carried through the mails at the usual rate of printed matter;

A joint resolution (S. R. No. 45) protesting against pardons by foreign Governments of persons convicted of infamous offenses on condition of emigration to the United States; and

A joint resolution (S. R. No. 49) for the temporary relief of destitute people in the District of Columbia.

ABSENCE OF TERRITORIAL OFFICERS. Mr. WILLIAMS. I move to proceed to the consideration of Senate bill No. 32.

The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill (S. No. 32) to prevent the absence of territorial officers from their official ritory now in office, or who may hereafter be duties. It provides that no person in any Terin office by appointment of the President, after he enters upon the discharge of his official duties, shall be absent from the Territory of which he is an officer for more than thirty days at any one time, and no leave of absence shall be necessary or granted to any such officer. No officer absent for a longer time is to be entitled to any salary during his absence, and it is to be the duty of the President, upon

their official duties. I do not know how it may be with the Territories on this side of the Rocky mountains, but on the Pacific coast I know that this has grown into a very great abuse, and in most of the Territories there a very large portion of the territorial officers are absent from their duties. Sometimes the Governor is away, with the secretary, and several of the judges; and in two or three of those Territories they have not been able to have any courts for a year at a time on account of the absence of the judges; and it becomes necessary that the law should require them to remain there where they can attend to the duties of their respective offices.

The first section provides that an officer may be absent from the Territory for thirty days, and it shall not be necessary for him to obtain any leave in order to be absent during that time. It further provides that no leave of absence shall be granted to any officer; and the object of that provision is to prevent these territorial officers from obtaining a leave upon some excuse which may be made to the Department. Now the practice is to send a telegram to some one of the Departments here or to the Presi dent asking for leave of absence for six months, generally with the object of visiting Washington or the eastern States, and so far as I know, that leave of absence is generally granted. Some, however, leave and come here and obtain this leave of absence after they arrive here; they come without any leave, and then after they arrive here they apply for a leave of absence, and as a general thing it is granted.

I do not see why if a person accepts an office in a Territory-and the applicants are numer ous and clamorous for these places-he should not remain there and discharge his duty; but the practice has become almost universal now that as soon as an officer obtains the appointment and enters upon the discharge of the duties of his office and the salary begins to accrue to him, then finding it unpleasant, perhaps, to remain there, he takes occasion to leave to visit Washington, to visit the States and be absent six months or a year from the Territory, and so the people are without any organized government in many cases. This is a particu lar hardship when the judges of the courts are absent. I do not wish to mention particular Territories or the names of persons, but it is within my knowledge that in several Territories there has been practically no territorial government on account of the absence of territorial officers, and the object of this bill is to require them to remain there.

Mr. JOHNSON. Suppose they do not remain, what is to be done?

Mr. WILLIAMS. Then they are to be removed from office by the terms of this bill. If an officer of a Territory is willfully absent from the discharge of his duties for more than thirty days at any one time, it is made the duty of

the President to remove him forthwith from office. He is permitted under this bill to go away and be absent thirty days at any one time, to make a visit anywhere he pleases, and extend the visit for thirty days; but it is impossible for justice to be administered by the judges of these Territories or the business of the territorial governments to be conducted if the officers there are allowed whenever they see proper to leave and come here to Washington or to the States, because it takes six months or a year generally to perform that journey, and during that time the people are left without any officers to discharge the duties necessary to be discharged for the interest of the people. I am not particular about the phraseology of the bill or about its terms, but I think it is desirable that some such law as this should be passed in order to abolish and remove this abuse.

Mr. GRIMES. I do not know that I understand this bill, but if I do understand it the result will be that if an officer of one of the Territories is now in this city or in New York, or elsewhere outside of the Territory upon business, under a permit or a leave granted by a superior officer in this city, and if he has been here thirty days, he is to be turned out of office. It is retrospective.

Mr. WILLIAMS. I think not.

Mr. JOHNSON. Or he is to be turned out if he does not get home in thirty days.

Mr. GRIMES. I have no doubt that something ought to be done on this subject. I am as conscious as the Senator from Oregon is that great injustice has been done to the people of the Territories by the absence of the territorial officers. I have been informed of cases where the judges have been absent nine months out of the twelve. But it seems to me that this is rather a sweeping law. Suppose the secretary of the Territory of Idaho is instructed by the General Assembly of that Territory to procure the laws of the General Assembly to be printed at the end of the session. He cannot print them in Idaho; he must necessarily come to some of the States. He must supervise the matter, attend to making a critical index, and seeing that the printing of the laws is done correctly.

Mr. HENDRICKS. Then he is not absent from his duties.

Mr. GRIMES. He is absent from the Territory, and the provision of the bill refers to absence from the Territory and not to absence from duty. In that case he must be put out of office at once.

to judicial officers; but if it is to extend to all
territorial officers, I should be glad to see some
modification of it, though I admit there has been
much cause of complaint on account of the
absence of territorial officers from their Terri-
tories.

Mr. GRIMES. I hope the bill will be laid

over.

Mr. WILLIAMS. I am not particular, as I before stated, as to the phraseology employed in this bill, but I am satisfied that if the bill provides that leave of absence may be granted as it is now granted by the President or by the heads of the different Departments, the bill will be of little or no value. I do not object to any exception that may be made where an exception may be supposed to be necessary; but so far as I know the applications that are made by these officers are universally granted. There may have been an application denied, but not to my knowledge, and I know that in very many cases officers leave their positions in the Territories and come here to Washington, and then solicit their friends and those whom they suppose to have influence with the proper Department to apply for leave of absence, and upon application and by importunity this leave of absence is obtained. Ithink that there ought to be some restriction upon that, so that an officer sending a telegram here to Washington containing some representation that his absence is necessary shall not thereupon obtain leave of absence, because the President or the head of a Department may not be advised as to the necessity of his presence in the Territory. The object of the bill is to reach that mischief as well as the other, and I concur in what my colleague says that great evil has grown out of the absence of judicial officers from the Territories.

As to the suggestion made by the Senator from Iowa that the secretary might necessarily be absent to attend to the printing of the laws, let me say that may be done, without the presence of the secretary, and is generally done outside of the Territory without his presence to supervise the printing. I am willing if it is desired, that the bill shall go over, and that some amendments shall be proposed or suggested if Senators are not satisfied with the bill in its present form.

Mr. CONNESS. From one point of view the proposition now before the Senate interests me considerably; it calls my attention to the fact that to a very considerable extent the Territories of the United States are governed by appointees selected in the East from superannuated politicians, men either found unfit at home to fill high public station, or who have been in public station and cut no considerable or creditable figure in it. Such men have been very commonly selected and sent as a plague upon the people of the Territories of the United States a people as a general rule the most virtuous, the most courageous, the most useful in the Republic. They go out frequently from comfortable and compensating industries inspired by the spirit of adventure and by the hope of making new homes in regions offering better inducements for success. They reduce the forest and the wilderness to civilization and use. They are generally men of marked intelligence, fine types of the American character, the men who have taken empire westward and who are now rolling back civilization upon the East, and the very highest type of moral and political philosophy reduced to practice, from the ocean that bounds this con

Mr. NESMITH. As my colleague has already stated, a very great abuse has grown up on account of the absence of officers from the Territories. I think, however, it is mostly confined to judicial officers. I know that judges in Washington and Idaho-and I have heard similar complaints from Montana-have been absent a good deal. But I think the provisions of this bill are a little too stringent. It sometimes becomes necessary that territorial officers should visit Washington city. I know that a few days ago a dispatch was sent to an officer in Idaho requiring his presence in this city, not on private business but on business connected with the Indian department in relation to treaties. Under this bill, however, notwithstanding the fact that he has been telegraphed for to come to Washington in the discharge of his official duty, he is liable to be dismissed for complying with the order of his superior. I prefer that the bill should limit leaves of absence in some way, and I think that power is tolerably safe where it is lodged now, with the The PRESIDENT pro tempore. The mornPresident and heads of Departments.' I know ing hour having expired, it becomes the duty they have recently become very stringent in the of the Chair to call up the order of the day, exercise of the power of granting permission, being bills reported from the Committee on and have refused leave of absence in several Pensions, assigned by special order for this cases. But if this bill is passed in its present day. form, if an officer is ordered here on duty-and it frequently becomes necessary to order offi- calling up those bills, I should like to proceed cers of the Indian department here from the Territories he is not only liable to lose his salary but to be dismissed from his office. I have no objection to the kill if it be confined

tinent on the west.

Mr. CONNESS.

for a few moments.

If there is no haste in

Mr. LANE, of Indiana. I desire to pass all those bills to-day; there are a great many of them.

Mr. CONNESS. I will say to the Senator that I will not occupy five minutes.

The PRESIDENT pro tempore. The Senator from California may proceed by unanimous consent of the Senate.

Mr. CONNESS. I have more than once called attention in the Senate to this practice. The abuses which result from it, and which are sought to be corrected by the bill now before us, arise in a great measure from the fact that the parties selected to govern and hold the high places in the Territories are not selected, as they should be, from the body of those courageous men whom I have described, that go out and pioneer that country and undertake its reduction to civilized purposes. I do not expect by anything that I shall say here to be able to correct this general, as I think, perversion of power and misuse of power; but it is clear that if the selections were made with more care and with more regard to the persons to be governed, namely, the inhabitants of the Territories, the persons in these places would be at home, they would not be running into the cities of the East; they would not be coming back to see their friends, and to exhibit themselves as returned Governors and judges, to be feasted and toasted, and exhibiting rich specimens selected from the ores of those new Territories, talking often very learnedly and very deceptively to the eastern people and the eastern mind about the riches of those countries of which they know little; of which practically, they know nothing.

These, and many abuses like them, would have an end if care was observed in selecting the men who are to govern these people and the men who are to administer the laws among them from themselves. It is not, Mr. President, for the want of talent there that their Governors and administrators of the laws among them are selected elsewhere. We have a case now in point; I think it is worthy of attention. We have sent a soldier out very recently to fill the office of secretary of a Territory in the West. He finally, as the law provides, fills the office of Governor pro tempore during the absence of that functionary. He has given new administration in that Territory; he by his acts has released from confinement men guilty of high crimes and misdemeanors, and the population, maddened at the absurd pretensions and assumptions, have followed a criminal and hung him to the next tree. This is the administration of law that is now going on in one of the Territories!

I hope without extending these remarks, which if time permitted I would do, that some measure of this kind carefully prepared will pass and become a law, and that these gentlemen selected and sent out into these places of honor, and to them frequently of profit, (for some of them go further than legitimate ends in reaching profit,) will be required to make their domicile at least, or yield the offices that in many instances they so discreditably fill.

Mr. POMEROY. Mr. President, if this bill is to pass-I do not know whether the vote is to be taken this morning

Mr. LANE, of Indiana. I must object to further discussion of the bill, and call for the order of the day.

The PRESIDENT pro tempore. The order of the day is now in order, and any further discussion can only be had by unanimous consent. Mr. POMEROY. I had an amendment to propose to meet the very case submitted by the Senator from California.

Mr. LANE, of Indiana. I hope it will go

over.

The PRESIDENT pro tempore. Bills reported from the Committee on Pensions are the special order of the day. The Chair will, however, first dispose of some business on his table, by the indulgence of the Senate.

POST OFFICE funds.

The amendment of the House of Representatives to the joint resolution (S. R. No. 29) for the transfer of funds appropriated for the pay ment of salaries in the Post Office Department

to the general salary account of that Department, was referred to the Committee on Post Offices and Post Roads.

LIQUOR IN THE CAPITOL.

The PRESIDENT pro tempore laid before the Senate the amendment of the House of Representatives to the concurrent resolution of the Senate prohibiting the sale of spirituous and other liquors in the Capitol building and grounds; the amendment being to insert the words "and other public buildings" after the word "building" where it occurs in the resolution.

Mr. SHERMAN. The provision ought to be limited certainly to Washington, for there are public buildings and grounds in various parts of the country which would be covered unless some limitation were made.

Mr. CONNESS. In addition to that, I beg to suggest that the resolution as it now stands extends the jurisdiction of the President of the Senate and Speaker of the House of Representatives over other public buildings beside the Capitol, evidently with impropriety. I suggest that the amendment had better be referred to a committee.

Mr. ANTHONY. And it applies not only here but to all public buildings all over the country. Is it expected that the President of the Senate and Speaker of the House of Representatives are to make a journey of investigation on the subject?

The PRESIDENT pro tempore. To what committee does the Senator from California propose to refer the amendment?

Mr. SHERMAN. I suggest that the better way is just to disagree to the amendment of the House of Representatives. Then if they ask for a committee of conference the matter can be arranged.

Mr. SUMNER. I agree with the Senator from Ohio; the better way is to send it back. The PRESIDENT pro tempore. The question is on concurring in the amendment of the House of Representatives, and the Chair will put the question affirmatively.

Mr. SUMNER. My colleague, who introduced the resolution, is now absent, and I hope nothing will be done by which the resolution shall suffer. I agree, therefore, with my friend from Ohio that we had better disagree to the House amendment and send the resolution back.

Mr. POMEROY. Would it be in order to disagree with the amendment of the House of Representatives with an amendment?

The PRESIDENT pro tempore. The ques tion will be put affirmatively, Will the Senate concur? A negative vote amounts to a non

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musician, artificer, or private of the Army, including regulars, volunteers, and militia, and every warrant or petty officer, musician, seaman, ordinary seaman, flotilla-man, marine, clerk, landsman, pilot, or other person in the Navy or Marine corps, who has been disabled by reason of any wound received or disease contracted while in the service of the United States and in the line of his duty, or who may hereafter be disabled in such service, and who is not now entitled by law to a greater sum, shall, upon making due proof according to such forms and regulations as are or may be required by or in pursuance of law, be placed upon the list of invalid pensions of the United States, at the rate of twelve dollars per month, to be governed by the same limitations and restrictions as are now prescribed by an act entitled "An act to grant pensions," approved July 14,

1862.

Mr. LANE, of Indiana. The subject-matter of this bill is embraced in a general bill from the House of Representatives with this difference: that this bill proposes a general increase of pensions from eight dollars to twelve dollars a month, while the other bill proposes to increase the pension for greater disabilities and to leave the pension as it is for ordinary pensions. I propose to take up the general House bill, and I move, therefore, that this bill lie on the table for the present.

The motion was agreed to.

CHARLES YOULY.

Mr. LANE, of Indiana. I move next to take up House bill No. 218.

The motion was agreed to; and the bill (H. R. No. 218) for the relief of Charles Youly was considered as in Committee of the Whole.

It provides for the payment to Charles Youly, of Dunkirk, Chautauqua county, New York, late private of company D, seventy-second regiment New York volunteers, of $135 334, being at the rate of five dollars per month, from the 25th day of November, 1862, to the 27th day of February, 1865.

The bill was reported to the Senate, ordered to a third reading, read the third time, and passed.

up

ANN HETH.

Mr. LANE, of Indiana. I move next to take the bill (S. No. 201) for the relief of Ann Heth, widow of William Heth, of Harrison county, Indiana.

The motion was agreed to; and the bill was read the second time, and considered as in Committee of the Whole. Its purpose is to direct the Secretary of the Interior to place the name of Ann Heth, widow of William Heth, of Harrison county, in the State of Indiana, who was killed by the rebel Morgan's men, while resisting their advance upon Corydon, Indiana, upon the pension-roll, at the rate of eight dollars per month, to commence on the 9th day of July, 1863, and to continue during her widowhood.

The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed.

RESTRICTIONS UPON PENSION PAYMENTS.

On motion of Mr. LANE, of Indiana, the Senate, as in Committee of the Whole, proceeded to consider the joint resolution (S. R. No. 46) removing the restrictions upon the payment of pensions to certain persons while in the service of the United States, which had been reported upon adversely by the Committee on Pensions.

The resolution provides that the act entitled "An act supplementary to the several acts relating to pensions," approved March 3, 1865, shall not hereafter be so construed as to deprive invalid pensioners, or the widows or heirs of any persons who have served in the Army or Navy during the late war, of the pension to which they are entitled by reason of holding any office under the Government, in cases where the compensation received from the United States as pay or salary does not exceed $800 per annum.

Mr. LANE, of Indiana. The subject-matter

of this joint resolution is already contained in a general bill pending before the Senate, and I therefore move that the joint resolution be indefinitely postponed.

The motion was agreed to.

ALBERT NEVINS.

On motion of Mr. LANE, of Indiana, the Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. No. 268) for the relief of Albert Nevins. By its terms the Secretary of the Interior will be directed to place the name of Albert Nevins, late a private in company K, ninety-second regiment New York State volunteers, upon the list of pensioners at the rate of twenty-five dollars per month, in lieu of eight dollars per month heretofore allowed him; to commence on the passage of the act and to continue during his natural life.

amendment, ordered to a third reading, read The bill was reported to the Senate without the third time, and passed.

CORDELIA MURRAY.

On motion of Mr. LANE, of Indiana, the Senate, as in Committee of the Whole, proceeded, to consider the bill (H. R. No. 216) for the relief of Cordelia Murray. The bill proposes to direct the Secretary of the Interior to pay to Cordelia Murray, widow of George W. Murray, the pension granted to George W. Murray by an act of Congress approved Decem. ber 20, 1864, entitled "An act for the relief of George W. Murray.”

Mr. FESSENDEN. I should like to know whether there is a report in this case.

Mr. LANE, of Indiana. There are reports in all these cases. A House or Senate report

accompanies every bill.

Mr. FESSENDEN. I remember that for merly when we used to fall on a day like this somebody who guarded the Treasury pretty well would insist upon the reading of the report in each case

Mr. LANE, of Indiana. I have no objec tion to that. There is a report in every case.

Mr. FESSENDEN. So that we might see whether they were right or not. It was found to be pretty difficult to get a good many of these bills through when they were understood. I do not feel inclined to take that office, but I wish to ask my friend from Indiana whether all these cases which he is calling up have been very critically and carefully examined in the committee of which he is the chairman.

Mr. LANE, of Indiana. We have examined every case and every voucher and every paper, and the whole committee have reported upon them. We have been some two or three weeks trying to get these bills all right and in shipshape.

Mr. FESSENDEN. I suppose, as these are special acts granting pensions, that the cases do not come under any general law.

Mr. LANE, of Indiana. They do not come under any general law; otherwise, they would not be here at all. I will ask the Secretary to read the report in this case.

Mr. FESSENDEN. I should like to hear

the report. Has it been printed?

Mr. LANE, of Indiana. No, sir. Mr. FESSENDEN. All these reports ought to be printed and laid on our tables, so that we may have a chance to read them.

Mr. LANE, of Indiana. That has been done, I think, in every single instance with regard to Senate bills. This is a House report, and I do not know whether it was ordered to be printed or not. I do not think it was.

Mr. FESSENDEN. I have noticed that some of these reports in these pension cases have been laid on our tables. Has that been followed as a general rule?

Mr. LANE, of Indiana. Yes, sir, always. Mr. FESSENDEN. I should like to hear the report in this case.

The Secretary read the report made by the Committee on Invalid Pensions in the House of Representatives, from which it appears that by an act of Congress entitled "An act for the relief of George W. Murray," approved Decem

ber 2, 1864, the Commissioner of Pensions was directed to pay to him the pension to which he was entitled by the act of Congress approved March 3, 1837, entitled "An act for the more equitable administration of the Navy pension fund." After the passage of that act by the House, and while it was pending in the Senate, Mr. Murray died, leaving a widow and several children in destitute circumstances. The committee therefore report a bill granting to Mrs. Murray the pension which her husband would have drawn had he lived until the passage of the act referred to. Mr. FESSENDEN. the bill read again.

The Secretary read it.

I should like to hear

Mr. FESSENDEN. As the bill stands it might continue this pension indefinitely. I should think it hardly safe to pass the bill in its present form. If it is only intended to give her what he would have been entitled to receive up to the time of his death, had the bill passed before, it seems to me the bill does not carry out that idea.

Mr. LANE, of Indiana. I will send for the act referred to in the report and see exactly what the terms of that act are. I think, under the circumstances, the widow and children of this George W. Murray ought to have the benefit of this pension. The bill can be postponed for the present.

Mr. FESSENDEN. This is one of those cases where we can learn nothing from having the bill read.

Mr. LANE, of Indiana. I ask that the bill may lie over until I can get the act for the benefit of this Mr. Murray and see what the terms of that act were.

The PRESIDENT pro tempore. The bill will be laid aside by common consent.

CATHERINE MOCK.

On motion of Mr. LANE, of Indiana, the Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. No. 219) for the relief of Catherine Mock.

The bill provides for placing upon the pensionroll the name of Catherine Mock, of the city of Baltimore, widow of William H. Mock, who was ordnance sergeant, and died, at or near Fort Mifflin, in 1837, at the rate of eight dollars per month, to commence from and after the passage of this act and continue during her natural life.

The Committee on Pensions proposed to amend the bill by striking out the words "from and after the passage of this act" and inserting from the 1st day of May, 1865."

Mr. FESSENDEN. I should like to hear the report in that case.

The Secretary read the following report, submitted Mr. Stockton from the Committee on Pensions on the 23d of March last:

The Committee on Pensions, to whom was referred House bill No. 219. entitled "An act for the relief of Catherine Mock," respectfully report:

That it appears from the evidence before the committee that Catherine Mock is the widow of Mr. William H. Mock, who served with fidelity as a private Foldier during the Florida war; that he reenlisted and was made ordnance sergeant at Fort Mifflin, on the Delaware, in 1836; that in November, 1837, he was drowned while attempting to cross the river to obtain supplies for the post. It further appears that said widow is now more than seventy years of age, aflicted, helpless, and destitute of all means of support: that it is barely possible she will live three months to enjoy the pension provided by the bill.

The committee think that the pension should be granted from the date when the claim came prominently before Congress. They therefore report the bill back with the following amendment: strike out in line nine, after the word" from," the words" and after the passage of this act," and insert the following words in place thereof, "the 1st day of May, The committee recommend the passage of the bill as amended.

1865."

Mr. LANE, of Indiana. That amendment is simply this: the bill as it passed the House granted a pension to Mrs. Mock from and after the passage of this act; but it was thought by our committee-the report was made by Mr. Stockton-that the pension should commence from the time she filed her papers claiming the pension.

Mr. FESSENDEN. I should like to inquire

why she is not entitled to a pension under the general law with reference to pensions? Why docs she not come within that law?

Mr. LANE, of Indiana. He was not killed in battle, as the Senator would have noticed if he had listened to the reading of the report. Mr. FESSENDEN. I noticed that. Must they be killed in battle?

Mr. LANE, of Indiana. This man was drowned. A person must be killed in battle or die from wounds or disease contracted in the line of his duty in order to be entitled to a pension under the general pension law. The amendment was agreed to.

Mr. FESSENDEN. Unless we are to establish a new principle that is to apply to all these cases, the other reason in the report is hardly one that can be given; and that is, that she is aged and infirm and needs this pension. That would take out of the Treasury in all cases money for those who happen to be infirm and aged. I should like to know of the chairman if the committee have established the principle

that in all cases where the widows of soldiers are left in needy circumstances they are to receive a pension.

Mr. LANE, of Indiana. The committee have established no such principle; but they have established in this bill this principle: that if a man is drowned while he is in the service, and in the discharge of his duty, he is entitled to a pension, as much so as though he had been shot down in the face of the enemy.

Mr. FESSENDEN. Have you confined your bills to cases of that description?

Mr. LANE, of Indiana. Certainly we do. We do not go into general charities at all.

Mr. FESSENDEN. I will not object to it; but I think the last reason given in the report ought to be omitted, because it might make a bad precedent.

The bill was reported to the Senate as amended, and the amendment was concurred in. The bill was ordered to a third reading, read the third time, and passed.

MRS. MARTHA STEVENS.

On motion of Mr. LANE, of Indiana, the bill (S. No. 237) granting a pension to Mrs. Martha Stevens, was read a second time and considered as in Committee of the Whole. The Secretary of the Interior, according to the bill, is to place the name of Mrs. Martha Stevens, widow of John F. Stevens, late deputy provost marshal of the fourth congressional district of the State of Indiana, on the pensionroll, at the rate of twenty dollars per month, to commence from the 10th day of June, 1863, and to continue during her widowhood.

Mr. LANE, of Indiana. There is a report in that case. Let it be read.

The Secretary read the following report, made by Mr. LANE, of Indiana, from the Committee on Pensions, on the 2d of April:

The Committee on Pensions, to whom was referred the petition of Martha Stevens, widow of the late John F. Stevens, of Greensburg, Indiana, having had the same under consideration, beg leave to report:

That John F. Stevens. late of Greensburg, Indiana, (the husband of the petitioner,) was in the month of June, 1863, in the employ of the Government as deputy provost marshal of Decatur county, in the fourth congressional district of said State; that he, as said deputy provost marshal, was ordered to proceed to Rush county, in said district, in command of a small detachment of troops to enforce the enrollment in said county, where there had been threatened resistance to its execution. On the 10th day of June, 1863, he proceeded to the execution of his orders, and while in the performance of his duties was fired upon by parties concealed in a wheat-field and instantly killed.

Under the above circumstances the committee believe that the petitioner should be placed on the roll of pensioners, and therefore report a bill for her relief.

Mr. LANE, of Indiana. The reason of this special legislation is that provost marshals were not embraced in any of our pension laws. It was an office unknown at the time they were enacted. This man was killed in the discharge of his duties, and one of his murderers died in jail. The proof of all the circumstances is very clear.

Mr. HENDRICKS. I feel a symyathy for this case, and shall vote for this bill, but I am not satisfied with the statement made by my

colleague. I was attorney for the parties who were arrested on the charge of this murder, and I think I am justified in saying that my colleague is mistaken in saying that they were the murderers. Who the murderers were is a thing entirely unknown in that community, and if the case had come to trial I expected most confidently the acquittal of the parties who were accused.

Mr. LANE, of Indiana. Of course I receive that explanation; the Senator lives in the immediate neighborhood; but there is no doubt about the facts in the case.

Mr. HENDRICKS. There is no doubt about the fact that Mr. Stevens, while in the discharge of his duty as provost marshal in that district, was shot, without any justification whatever. He was a kind man, and I never heard that he abused the powers of his office.

Mr. FESSENDEN. What is the rate of the pension to be given his widow?

His rank in the

Mr. LANE, of Indiana. Army Register is that of captain, and we propose to give the widow the pension of a captain.

The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed.

MRS. AMARILLA COOK.

On motion of Mr. LANE, of Indiana, the bill (S. No. 238) granting a pension to Mrs. Amarilla Cook, was read a second time, and considered as in Committee of the Whole.

The name of Mrs. Amarilla Cook, widow of John B. Cook, late deputy provost marshal of the sixteenth congressional district of the State of Ohio, is by this bill to be placed on the pension-roll, at the rate of twenty dollars per month, to commence from the 5th day of March, 1865, and to continue during her widowhood. Mr. JOHNSON. What is that for?

Mr. LANE, of Indiana. The circumstances in this case are very similar to the circumstances in the case just passed. Mr. Cook was a provost marshal, and was assassinated at his own door, and two of his murderers have since been hanged for his murder. The proof is all clear, and the committee thought that his widow was entitled to a pension. The pension is the pension of a captain.

Mr. FESSENDEN. Is there a report?
Mr. LANE, of Indiana. Yes, sir.

Mr. FESSENDEN. I should like to hear it read.

The Secretary then read the following report, made by Mr. LANE, of Indiana, from the Committee on Pensions, on the 2d of April:

The Committee on Pensions, to whom was referred the petition of citizens of Cambridge, Guernsey county, Ohio, praying that a pension be granted to Mrs. Amarilla Cook, having had the same under consideration, beg leave to report:

That Mrs. Amarilla Cook is the widow of John B. Cook, who was a deputy provost marshal of the sixteenth congressional district of the State of Ohio, and who was murdered at Cambridge, Ohio, on the 5th day of March, 1865, by Hiram Oliver and John W. Hartup, two deserters from the military service of the United States, whom he had attempted to arrest, and who went to his house and shot him down almost in the presence of his family, for which crime they were convicted and executed at Camp Chase on the 5th day of September, 1865.

The committee, believing that no more meritorious case has come before them, therefore report a bill for her relief.

Mr. FESSENDEN. He was not in the execution of his duty at the time he was murdered. The report states that these parties went to his house and shot him.

Mr. LANE, of Indiana. The report states, if the Senator noticed it, that he had undertaken to arrest two deserters but had not succeeded in making the arrest, and they subsequently proceeded to his house and shot him down, shortly after dark. The fact of his being in the discharge of his duty was surely the cause of his death, for he had gone there for the purpose of arresting them. We thought that he was clearly in the line of his duty, and that his widow ought to receive a pension.

Mr. FESSENDEN. I really think it is carrying the matter to a very considerable extent to grant pensions in any of these cases. Pro

vost marshals can hardly be considered in the military service. They are civil officers to a very great degree. Here was a man who, being an officer, and perhaps because he was an officer, was murdered, but not while he was attempting to discharge his duties. Perhaps he was murdered to prevent his attempting it at some future time. This is establishing something of a precedent. We have not given pensions, in any case that I know of, for civil service. I should like to know exactly how these provost marshals stood. Were they mustered into the service as military officers?

Mr. LANE, of Indiana. Provost marshals, under the conscription act, were mustered into the military service of the United States, with the rank of captain, always wore the uniform, were always subject to orders, and they were charged with the execution of this conscription law. That was a part of their peculiar duties. It was also made their duty to arrest all desert

ers.

Mr. Cook had gone from this village of Cambridge, I think, to arrest two deserters, but had not succeeded in their arrest. I believe they resisted the arrest. He had returned to his house, and shortly afterward they followed him there and shot him down at his own door, and were afterward hanged for the murder. Í do not think any clearer case of merit will ever be presented to the Senate. I think his death was clearly occasioned by the discharge of his duty.

Mr. FESSENDEN. Iam not disputing that; but I will ask the Senator how many of these cases he has got.

Mr. LANE, of Indiana. These are the only two that I know of in the United States. They were the only two brought before us, and are almost identical in character.

Mr. FESSENDEN. You say that this man was mustered into the military service?

Mr. LANE, of Indiana. Yes, sir; and they were charged expressly with the execution of this law. That was their express duty.

Mr. FESSENDEN. I make no objection to it.

Mr. LANE, of Indiana. I may be incorrect in the fact that they were actually mustered, but they were commissioned and ordered to report to the nearest military commander.

Mr. FESSENDEN. Then I suppose they are to be considered as in the discharge of military duty.

The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed.

MRS. ALTAZERA L. WILLCOX.

On motion of Mr. LANE, of Indiana, the Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. No. 264) granting a pension to Mrs. Altazera L. WillCox, of Chenango county, in the State of New York.

The bill provides for placing the name of Altazera L. Willcox, of Chenango county, in the State of New York, widow of William Willcox, late a private in company B, in the one hundred and fourteenth regiment New York volunteers, on the pension-roll, at the rate of eight dollars per month, to commence from and after the passage of the act, and to continue during her widowhood.

Mr. FESSENDEN. I should like to hear the report in that case.

The Secretary read the report made by the Committee on Invalid Pensions in the House of Representatives, from which it appears that William Willcox, the late husband of the petitioner, enlisted in the one hundred and fourteenth regiment New York infantry volunteers, and was regularly mustered into the service of the United States on the 11th of August, 1862, to serve three years or during the war, in the town of Norwich, Chenango county, New York. He served with his regiment until some time in the spring of 1864, when he was sent to the general hospital at the barracks near New Orleans in cousequence of chronic diarrhoea, which disease was contracted while in the line of duty. On the 23d of May, 1864, he received a sick

furlough, and embarked the same day on the Government steamer Pocahontas for his home in New York. On the night of June 1, 1864, the steamer Pocahontas collided with the steamer City of Bath off the coast of New Jersey, and sunk, carrying down with her some forty persons, among whom was William Willcox. It also appears that the petitioner and William Willcox were married to each other on the 12th of September, 1848. In view of these facts the committee recommend the passge of a bill granting a pension to the petitioner at the rate of eight dollars per month to continue during her widowhood.

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed.

JOHN HOFFMAN.

On motion of Mr. LANE, of Indiana, the Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. No. 265) granting a pension to John Hoffman. By its provisions John Hoffman is to be placed on the pension-roll, at the rate of eight dollars per month, to commence from and after the passage of the act, and to continue during his natural life.

Mr. FESSENDEN. Let us hear the report in that case.

The Secretary read the report made by the Committee on Invalid Pensions in the House of Representatives. It appears from the evidence that the petitioner enlisted in the United States marine service at Philadelphia on the 16th day of August, 1827, and was placed on board the United States schooner Grampus, which vessel sailed soon after for the Gulf of Mexico. While serving on the Grampus at Pensacola the petitioner appears to have been taken to the hospital on two occasions for disease contracted in the line of his duty, and was finally discharged at New York on the 6th day of May, 1830, upon the recommendation of his commanding oflicer. It is alleged, and well established by the testimony of respectable persons who have known him for a long time, that he never recovered from the disease contracted on ship-board. The petitioner is aged and in very destitute circumstances. The committee therefore report a bill for his relief and recommend its passage.

Mr. GRIMES. Do you not propose to pay him this pension out of the naval pension fund?

Mr. LANE, of Indiana. No, sir; the bill merely directs the Secretary of the Interior to place his name on the pension-rolls, and he is to be paid out of the general fund.

Mr. GRIMES. We are very much obliged to the Senator. There is about eleven or twelve million dollars in the naval pension fund, and it could well afford to pay this pension.

Mr. LANE, of Indiana. I have no doubt about that, but the difficulty we had on the subject was that he is not now in the naval service.

Mr. GRIMES. I thought he was on board the Grampus?

Mr. LANE, of Indiana. He had been discharged for a great many years from the Navy, and was not in the Navy when he made his application, and I supposed we ought to put it on the general fund. I have no objection to letting it be paid out of the naval fund if the Senator will move that amendment.

Mr. GRIMES. How long ago did he contract this disease?

Mr. LANE, of Indiana. Some thirty years ago. What was the disease? Indiana. The report will

Mr. GRIMES. Mr. LANE, of show. Mr. GRIMES. It does not state what it I ask for the reading of that portion of the report again.

was.

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Mr. LANE, of Indiana. The papers in the case state it. It was not a very genteel disease, but a very disagreeable one. We did not think it necessary to specify it in the report. Mr. GRIMES. Was it contracted in the line of his duty?

Mr. LANE, of Indiana. Yes, sir; when changing the cables.

Mr. FESSENDEN. I really think this bill ought not to pass. It is a very old affair.

Mr. LANE, of Indiana. There seems to be some difficulty about the bill, and I move that it be laid aside for the present until I get one of the New York Senators to look into it, and shall call it up some other time.

The PRESIDENT protempore. It is moved that the further consideration of this bill be postponed.

The motion was agreed to.

AGNES W. LAUGHLIN.

Mr. LANE, of Indiana. I move now to take up for consideration Senate bill No. 241.

The motion was agreed to; and the bill (S. No. 241) directing the enrollment of Agnes W. Laughlin, the widow of a deceased soldier, as a pensioner, was read the second time and considered as in Committee of the Whole. It proposes to direct the Commissioner of Pensions to enroll Agnes W. Laughlin, widow of William Laughlin, deceased, late a private in company C, third Indiana cavalry, as entitled to a pension from the 1st of January, 1865.

Mr. LANE, of Indiana. Let the Secretary read the report.

The Secretary read the report made by Mr. DAVIS, from the Committee on Pensions, by which it appears that William Laughlin was a private in company C of the third Indiana cav alry; in December, 1864, he was in actual service and sick in hospital at New Orleans, and was ordered to be transferred to a hospital in Indiana. A short furlough was granted him,

and he went on board the United States vessel North America, to proceed to New York city. There were about seven hundred soldiers on board of this steamer for this trip; but before she reached her destined port she sunk, and most of the soldiers, including Laughlin, perished. His widow, under these circumstances, applies for a pension, and the committee think the case meritorious.

Mr. GRIMES. Is not the Secretary of the Interior the officer whom we direct to pay pensions?

Mr. LANE, of Indiana. Yes, sir.

Mr. GRIMES. I see that the bill is directed to the Commissioner of Pensions.

Mr. LANE, of Indiana. I move to amend the bill by substituting "the Secretary of the Interior instead of "the Commissioner of Pensions."

The amendment was agreed to.

Mr. LANE, of Indiana. I observe that by an oversight the bill contains no limitation as to the duration of the pension. I move to amend the bill by adding the words "to continue during her widowhood."

The amendment was agreed to. The bill was reported to the Senate as amended, and the amendments were curred in.

con

The bill was ordered to be engrossed for a third reading, and was read the third time aud passed.

ISABELLA FOGG.

Mr. LANE, of Indiana. I move now to take up for consideration the bill (H. R. No. 266) granting a pension to Isabella Fogg, of the State of Maine.

The motion was agreed to; and the bill was considered as in Committee of the Whole. It proposes to direct the Secretary of the Interior to place the name of Mrs. Isabella Fogg on the pension-roll, at the rate of eight dollars per month, to commence from and after the passage of the act and to continue for her natural life, she having been totally disabled while acting as nurse on board the United States hospital boat near Louisville, in the State of Kentucky.

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