« PreviousContinue »
Senate will perceive, transposes the words which otherwise need not be inserted.
I will say further that the committee had a correspondence with the Pension Bureau on this subject, and a classification and gradation of pensions was made out, and I had the honor to report a bill prepared at the Pension Bureau for that purpose to the Senate; but after the House bill came to us we supposed that we could incorporate the valuable provisions of the Senate bill in this bill, and adopt their bill generally as it stands. I think the Senate can have no doubt that there are disabilities as gross as those of the loss of both hands, or both legs, or both eyes. There are numerous such cases. There are those who are suffering from disease by which they are perfectly and entirely helpless, so that, as one of the amendments states, they need the constant personal aid and attendance of another person. Those we put with the highest class. Those who are incapacitated for performing any manual labor, but not so much so as to require constant personal aid and attention, are placed in the second class, and those otherwise so disabled as to inaterially interfere with the performance of manual labor without wholly incapacitating them therefor are made a third class, including those who lost one hand, and so on, while the fourth class is composed of those who receive the regular pension of privates, eight dollars
The PRESIDENT pro tempore. The question is on the amendment reported by the committee.
The amendment was agreed to.
Mr. VAN WINKLE. The amendment just agreed to is on transposing those words, I suppose.
The PRESIDENT pro tempore. The first amendment that was read, striking out the word “now is the one on which the Senate has just voted. The next amendment in order will be read.
The Secretary read the next amendment, which was in section one, line twelve, after the word "who"' to insert " while in the military or naval service and in the line of duty."
The amendment was agreed to.
The next amendment was in section one, line fifteen after the word "same” to strike out the words "in the military or naval service, and in the line of duty," and to insert:
Or otherwise so permanently and totally disabled as to render them utterly helpless, or so nearly so as to require the constant personal aid and attendance of another person.
The amendment was agreed to.
The next amendment was in section one, line twenty-three, after the word "same,” to insert the words:
Or otherwise so disabled as to be incapacitated for performing any manual labor, but not so much so as to require constant personal aid and attention.
The amendment was agreed to.
The next amendment was in section one, line twenty-eight, after the word "same, to insert the words or otherwise so disabled as to materially interfere with the performance of manual labor, without wholly incapacitating them therefor."
The amendment was agreed to.
The first section of the bill as amended reads as follows:
That section five of an act entitled "An act supplementary to an act entitled 'An act to grant pensions,' approved July 14, 1862," approved July 4, 1864, and section three of an act entitled "An act supplementary to the several acts relating to pensions," approved March 3, 1865, be, and the same are hereby, repealed, and the following shall stand in lieu thereof. That from and after the passage of this act all persons by law entitled to a less pension than hereinafter specified, who, while in the military or naval service and in the line of duty, shall have lost the sight of both eyes, or who shall have lost both hunds, or been permanently and totally disabled in the saine. (in tho military or naval service and in the line of duty,] or otherwiseso permanently and totally disabled as to render them utterly helplege, or so nearly so as to require the constant personal aici nu attendance of another person, shall be entitled to a pension of twenty-five dollars per month; and all persons who, under likc circumstances, shall have Lost both feet, or one hand and one foot, or been
totally and permanently disabled in the same, or gress. The concluding portion of the draft excludes otherwise so disabled as to be incapacitated for per- the claim of such clerk to any additional compensaforming any manual labor, but not so much so as to tion for such special service, and allows him nothing require constant personal aid and attention, shall be beyond his traveling and other incidental expenses. entitled to a pension of twenty dollars per month; In that respect it conforms to the existing usage of and all persons who, under like circumstances, shall the Departinent. have lost one hand or one foot, or been totally or I recommend the adoption of these two sections. permanently disabled in the same, or otherwise so I am, sir, very respectfully, your obedient servant, disabled as to materially interfere with the perform
JAMES HARLAN, ance of manual labor, without wholly incapacitating
Secretary. them therefor, shall be entitled to a pension of fifteen Hon. HENRY S. LAXE. Chairman Committee on Pendollars per month.
sions, United States Senate. The next amendment was to insert as an
Mr. VAN WINKLE. This amendment and additional section the following:
the preceding one were brought to the notice Sec. 11. And be it further enacted, That nothing in of the committee after they had agreed to report this or any other act shall be so construed as to repeal or modify the sixth section of an act entitled this bill, and a majority of the committee as"An act supplementary to an act to grant pensions sented to them and ordered them to be reported approved July 14, 1842.'' approved July 4, 1864, or to with the bill. I was one of those so assenting. entitle a person to receive more than one pension at the same time.
As there was no discussion, or not much disMr. VAN WINKLE. In reference to that cussion of the matter in committee, I cannot amendment, I send to the Secretary a letter
repeat the views of the other members of the from the Secrotary of the Interior, which he committee who are here to speak for themselves. will please read down to the pencil marks on
But since I gave my assent to this amendment the third page.
I have reflected somewhat on the subject, and, The Secretary read, as follows:
while I cannot say I have come to a different DEPARTMENT OF THE INTERIOR,
conclusion, I think there are some doubts as to WASHINGTON, D. C., April 4, 1866. the propriety of this change. Previous to the Sir: I notice that the bill supplemental to the act of 1862 relating to pensions, these agents existing laws in relation to pensions has passed the
were clerks appointed by the Commissioner of House of Representatives and been reported to the Senate.
Pensions. The act of 1862 provided for the I have the honor to invite your attention to the appointment of special agents where frauds accompanying draft of two additional sections. A few words will suflice to explain their nature and
were suspected upon the pension laws to go and object.
examine into them; and as the Secretary of The fourth section of the act of 1865 was drawn up the Interior states in his letter, and as I have in this Department and was designed to define more been assured by the Commissioner of Pensions, clearly the rights of the children of a soldier, sailor, or oflicer who dies leaving a widow. Serious doubts
it was found not to work well. These special were entertained whether under the preexisting law agents having no familiarity with the business the children were entitled to a pension if he left a widow, although she died or remarried before the
of the office, with the papers, or anything else children attained the age of sixteen years. Tho connected with it, were not able to discharge words “if there be no widow" were construed to the duties as efficiently as those who were betrefor to the period of the soldier's death. The sec
ter acquainted with the office, or to make as tion was therefore incorporated in the bill and is a substantial reënaetinent of a corresponding provision
intelligent a report as the service of the office of the act of 1812, making only such changes as were required. Accordingly, at the instance of the required to determine with more precision and clear
Pension Bureau, I believe a section was added ness the rights of the children where there was a widow, or in the event of her subsequent marriage in the law of 1864, placing the thing back where or death. It was not intended to affect the sixth it had stood previously, without any law, and section of the act of 1864, which is justly regarded by the Pension Bureau as a salutary provision. It may,
authorizing the Commissioner of Pensions to however, have such effect, and the first section of the detail clerks in his Department to go and indraft was prepared to obviate that construction. spect the various pension offices if he should
It also declares that no person sball receive more than one pension at the same time; the act of 1862
think there was occasion for it. contains such a provision, but it is sometimes con- The Secretary of the Interior in his letter tended that it relates only to pensions authorized by asks that this be changed, and that the appointthat act. The words in the draft are sufficiently broad and comprehensive to relieve the question
ment or designation of those clerks for this from all doubt.
purpose may be given to him instead of the The amendment was agreed to.
Cammissioner of Pensions, and if I recollect The next amendment of the committee was
rightly, he places it on the ground that being to insert as an additional section the following:
the head of the Department he ought to have
that power and it ought not to be exercised by Sec. 12. And be it further enacted, That so much of the fourth section of an act entitled "An act supple
one of his subordinates. The doubt that has mentary to an act entitled 'An act to grant pen- arisen in my mind arises from the peculiar consions,' approved July 14, 1862," approved July 4, 1864, struction of the Interior Department. In the as authorizes and empowers the Commissioner of Pensions to detail clerks in his office be, and the same
Treasury, Post Office, and other Departments, is hereby, repealed, and the Secretary of the Interior
all the actions of the various bureaus are conshall hereafter detail clerks in the Department, or in verging to one point as it were; but in the Inone of the bureaus thereof, for the purposes in said section mentioned, or to secure the more effectual
terior Department it seems to be different. The execution of the pension laws and the rights of pen
Pension Office, the Patent Office, the Land sioners; but clerks so detailed shallnot for any special Office, and perhaps others, seem to be almost service be entitled to additional compensation beyond the customary per diem and mileage.
separate and independent offices. It appears
to me that in those cases where the head of Mr. VAN WINKLE. I ask the Secretary
the bureau is charged with the administration, to read the balance of the letter that I sent to
as it were, of the whole law in relation to a the desk.
given subject, such as pensions, patents, or The Secretary read, as follows:
lands, where there is a peculiar responsibility! You will perceive that the remaining section repeals a part of the fourth section of the act of July
devolving n pon him, particularly in relation to 4, 1861, and substitutes another provision. It is not
the detection of frauds, he should have the proposed to repeal the whole section, as that would power of appointment. Without saying that I revive the twelfth section of the act of 1862, which was found in practice to be objectionable. The pro
have fully come to the conclusion that this vision which is substituted confers upon the Secre- change should not be made, that is the present tary of the Interior, who, as you are aware, has the tendency of my mind, and I should like to hear supervisory control over the Pension Bureau, the
the views of those who are more experienced, power to detail clerks, which that section confers, for certain specific purposes, upon the Commissioner or at any rate that the subject should receive of Pensions. This power should, in my opinion, be the consideration of the Senate before the exercised by the head of the Department; and I
amendment is adopted. am not aware of another instance in our legislation where it has been withdrawn from him and vested in
Mr. GUTHRIE. I am satisfied that the a bureau office. The power to detail clerks to exam- Secretary of the Interior should have the auine and report in regard to any branch of the public service, under the charge of a Department, may justly
thority that this amendment provides for. I be considered as incidental to the authority vested cannot conceive of a Department being properly by law in the head of such Department, and I respect- carried on where there is independent action Tally submit that such power should not be lodged clewhere. The first clause of the second section of
on the part of one bureau of the others and the draft repealing in part the fourth section of the
of the Secretary. It is perfectly easy for act of 1864, might perhaps accomplish the purpose, the Commissioner to consult the Secretary, but it may be proper that the power of the Secretary to detail a clerk for the purposes mentioned in the
and to hear any objections that he may have. draft should be unequivocally recognized by Con- Where this is done, where the heads of the
bureans act under the superintendence of the stand it. I know that is so with regard to the Fessenden, Guthrie, Howard, Johnson, Kirkwood, Secretary, all goes on right, and there is no Internal Revenue Bureau, and I suppose it is
Morrill, Norton. Pomeroy, Ramsey, Sprague, Stewtrouble; but where they act independent of true of the others.
art, Trumbull, Willey, and Williams-18.
NAYS---Messrs. Anthony, Buckalew, Cowan, Foshim, there is room for complaint. There must Mr. HENDRICKS. My point is this: I ter, Grimes, Hendricks, Lane of Indiana, Morgan, be one man at the head of every one of these cannot see any necessity for changing a law.
Van Winkle, Wade, and Yates--11.
ABSENT-Messrs. Conness, Creswell, Davis, Dixon, Departments to wield control over it and all against which there is no complaint. I am
Doolittle, Edmunds, Harris, Henderson, Howe, Lane the bureaus in it.
perfectly willing to give this power to the Sec- of Kansas, McDougall, Nesmith, Nye, Poland, Mr. LANE, of Indiana. The nature of this retary of the Interior; but to take it away
Riddle, Saulsbury, Sherman, Sumner, Wilson, and amendment is just this: for the first fifty years from the Commissioner, who has special charge
Wright-20. under the administration of the Pension Bureau of this business, would seem to be a reflection
So the amendment was agreed to. the Commissioner of Pensions had a right to upon him, and I should be reluctant to change Mr. VAN WINKLE. I offer, not on behalf appoint special agents to investigate frauds. a little matter of this sort when there is no of the committee, an amendment which I send Some two years ago that right was given to the complaint of the law as it now stands.
to the Chair, to insert as an additional section Secretary of the Interior. Last year that was Mr. POMEROY. I suppose the Secretary
the following: repealed and it was placed back again in the of the Interior did not consider it a reflection And be it further enacted, That the fourteenth sechands of the Commissioner of Pensions. Now, on him when it was taken away from him by
tion of an act entitled "An act supplementary to an
act entitled 'An act to grant pensions,'approved July this is a proposition to place the power to ap- the law passed two years ago. I know of no 14, 1862," approved July 14, 1864, be, and the same is point these agents in the hands of the Secretary reason why it should be so considered.
hereby, repealed, and that the widows and children of the Interior. That is the amendment founded Mr. VAN WINKLE. The Senator from
of colored soldiers and sailors who have been, or may upon the letter of the Secretary of the Interior. Kansas is mistaken in saying that the power
be hereafter, killed, or who have died, or may here
after die, of wounds received in battle, or of discase I myself think these appointments should be has been taken away from the Secretary of the contracted in the military or naval service of the made by the head of the bureau. He is more Interior. Previous to the act of 1862 it was a
United States and in the line of duty, shall be entitled familiar with the character and qualifications
to receive the pensions provided by law without other mere usage which had grown up in the Depart- evidence of marriage than proof satisfactory to the of his own clerks than any one else can be. If ment, and it is not proposed to change what Commissioner of Pensions that the parties had habitfrands are perpetrated in the bureau, he, and was then done, except as to the mode of ap
ually recognized each other as man and wife, and
lived together as such for a definite period, not less no one else, is responsible for those frauds. pointment. But in 1864, as I have already than two years next preceding the enlistment of the Another reason is that the clerks in that bureau stated, a law was passed authorizing the ap- man; and the children born of any marriage so proved are familiar with the details of that office and
shall be deemed and taken to be the children of the pointment of special agents for this purpose;
soldier or sailor and the party thereto: Provided, more efficient than any one detailed from the but, as stated by the Secretary of the Interior || however, That if any such soldier or sailor and the whole of the Interior Department could possi- || and the Commissioner of Pensions, it was found woman alleged to be his widow, resided, previously bly be. Without having any feeling about it, not to operate well in practice, and then they
to the enlistment of the former, in any State in which
the marriago between them might have been legally my impression is that the amendment should returned to the old usage, but under the sanc- solemnized, the usual evidence of marriage shall bo not be adopted. It was reported by the com- tion of law. It is no reflection in that way. The required. mittee simply to get the sense of the Senate as Commissioner of Pensions is now by law author- My attention was called to this subject by a to whether this power should be given to the ized to appoint examining surgeons and other proposition introdnced by the junior Senator Secretary of the Interior or remain with the officers connected with the details of his office; from Massachusetts (Mr. Wilson] the other Commissioner of Pensions.
and it appears to me, as has been already sug. day in reference to the bounties of colored Mr. POMEROY. I think the amendment gested, that this is a matter that is entirely soldiers. I had in fact shown him this amendas it was reported from the committee is right. within the proper duties of the Pension Office. ment, which I believe met his approbation. This idea of allowing heads of bureaus to send It is not like sending Treasury agents to go || The necessity for it arises from several considofi agents, independent of the Secretary, may South and investigate cotton sales and things || erations. Some change in the nature of things work very well when we have good heads of of that kind, but it is the overseeing of the was required since the original provision on bureaus; but all these heads of bureaus have various pension agents throughout the country, this subject was passed. Perhaps I can more to report to the Secretary; he is the real head, and that devolves, it appears to me, especially || shortly explain it to the Senate by stating and responsible for the transaction of the whole upon the Comunissioner of Pensions, he being wherein this amendment differs from the law business of the department.
in fact the responsible man for all that is done. that was passed in 1864; and, with the perMr. JOHNSON. How is it now?
In that view I am inclined to think that he mission of the Senate, I will state a little hisMr. POMEROY. As the law now stands, the should have the selection of these agents. tory of that provision. heads of the different bureaus may send out Mr. GUTHRIE. I have already said that Á bill came from the House of Representatheir clerks without consulting the Secretary in my judgment it is proper that this amend- tives, I think, containing a provision in referof the Interior. As the law is to be, if this ment should be adopted, and that the Secretary ence to these marriages. There was a third amendment should be adopted, the Secre- of the Interior should be recognized as the chief committee of conference on the bill, of which tary of the Interior will send them out. Of officer of that Department, without whose sanc- I was a member, and the Senator from Vercourse he is the man that ought to do it, as tion nothing could be done. This idea of set- inont who died recently [Mr. Foot] was the he is responsible for the whole Department, || ting out independent bureaus here and giving | chairman or leading manager on the part of and ought to be allowed to send out such them authority independent of the Secretary the Senate. There was a great difference of elerks as he may choose. I think the amend- of the Interior will lead to no good, but must || opinion among the managers when they came ment is clearly right.
necessarily lead to hårm. Ambitious individ- together. I went into an explanation of the Mr. HENDRICKS. I will ask the Senator uals will draw to themselves the patronage nature of these marriages, and of the way these from Kansas whether there has been any abuse which the chief of the Department ought to people lived together. The Senator from Ver: during the last year that requires a change of have. I can say for myself, that there never mont seized upon the idea and prepared the the law.
was a time, when I was in the Treasury, where section upon which not only that committee Mr. POMEROY. I do not know that there I had a good officer that I did not consult him unanimously agreed, although it included some has been any abuse; but this amendment, upon the propriety of all selections of this sort. of those who were supposed to be inimical to giving the Secretary of the Interior charge. At that time officers were appointed to exam- these soldiers, but it met the immediate apover this subject, makes the Interior Depart- | ine the various ports of the country, to investi- || proval of the Senate and the House. I rememment in harmony with the other Departmeuts || gate frauds, to investigate the coinage, and ber it was about midnight when we went into of the Government. In the Treasury Depart- everything of that kind, and while I was in the committee. mert no particular bureau sends off a man to Department all this was done under my sanc- I propose, as one change, to introduce into investigate a fraud, but the Secretary of the tion, but not without consultation with the indi- this act sailors as well as soldiers. I propose, Treasury does it. He details clerks from the vidual who had charge of that particular branch also, to confine the time to the period of two Department; and why the Secretary of the of the Department. It worked well, and it years next preceding the enlistment of the Interior should not have the same right that ought so to work. No man in any of our De- man; and I do that upon this consideration : the other beads of Departments of the Gov- | partments should feel himself in any respect by the accidents of the war many of these erament have I cannot understand. I recol- | independent of the head of that Department. || people were driven from their homes, and lect that two years ago we passed a law giving | You cannot have one of the Departments gov- probably driven into States where their marthis power to the Secretary of the Interior. erned well unless it is under the control of the riages might have been legally solemnized; Subsequently, in some way or other, that law man who is at the head of it. You hold him but, under the circumstances, it was hardly to as repealed, and it was given to the Com- responsible, and he ought to be held responsi- || be expected that their attention would be called missioner of Pensions. Now, the proposition ble, and he ought to know everything that is to it. Again, I think it is very probable, is to restore it again to the Secretary of the done in the office, who is sent out and who is | although they have been taken in charge now Interior, and I think that is where it should be. not sent out, and what the qualifications of the by others, and have been free for some time,
Mr. HENDRICKS. I will ask the Senator persons sent out are. It is proper that he should that those marriages have not been solemnized it in the Treasury Department the heads of the know it, and in order that everything may be as rapidly, perhaps, as they should have been. National Currency Bureau and the Internal done right, it is necessary that he should This is therefore drawn to meet that case, that B-renue Bureau do not conduct their own know it.
if they lived previous to the enlistment in any affairs and make their own appointments. Mr. FESSENDEN called for the yeas and place where the marriage might have been sol
Mr. POMEROY. I think not; only through | nays on the amendment, and they were ordered ; || emnized, then this proof will not be sufficient. the Secretary of the Treasury. and being taken resulted-yeas 18, nays 11 ;
I have also introduced a provision that the Mr. HENDRICKS. Are you sure of that? as follows:
children born of any marriage so proved shall Mr. POMEROY. That is the way I. under- YEAS-Messrs. Brown, Chandler, Clark, Cragin, be deemed and taken to be the children of the
soldier and the party thereto. That does not Mr. VAN WINKLE. Certainly not, only report that they came to Washington on the clearly appear in the section drawn up by the the woman with whom, he lived a definite 12th of February, and remained here until the Senator from Vermont, and it may arise in period, at least two years next preceding his 24th of March, using their best endeavors to cases where there is no widow or where the enlistment. Those provisions are in the law secure the repeal of the tax on crude petrowife is dead; so that it would let in the same already. I merely want to expand them a leum. In another part of their report it is kind of proof of marriage in the case of the little so as to apply them a little further. As stated that they found on the part of the Repchildren applying for a pension to which they Senators are getting impatient, and as this
resentatives from western Pennsylvania entire would be entitled under the law, as in the case subject may be one, looking at the source from indifference to the petroleum interest, and they of the widow.
which it comes, that should receive further conclude thus: It will be observed that the proviso declares: investigation, I will move that the further con- "Thus it appears that the producers of petroleum That if any such soldier or sailor and the woman sideration of the bill be postponed until Mon
in Pennsylvania are not represented by men from alleged to be his widow resided previously to the
their own vicinity, not even by men from their own day next, and that in the meanwhile this enlistment of the former in any state in which the
State, but they are almost exclusively dependent for marriage between them might have been legally amendment be printed.
the protection of their interests in Congress upon the solemnized the usual evidence of marriage shall be The motion was agreed to.
courtesy of Representatives from other States, among required.
whom Gencral JAMES A. GARFIELD, of Ohio, isparEXECUTIVE SESSION.
ticularly deserving of the gratitude of every inhabI have there introduced the words "previously to the enlistment," which I explained a
Mr. BROWN. I move that the Senate do
itant of this section of country, since whatever pros
pects there may be for the repeal of this burdensome moment since. now adjourn.
tax, they are due to his faithful and persistent efforts, Mr. JOHNSON. Permit me to ask whether Mr. RAMSEY. I hope not. I ask the Sen.
and from present appearances he is the only advocate
of this measure through whom any relief may be that is to be evidence that there is no other wife
ator to withdraw the motion. It'is very impor- expected in the future." entitled to claim a pension. tant that we should have an executive session
I wish to say, in relation to this, that prior to Mr. VAN WINKLE. The section of the for a few moments, and if the Senator from
the 12th day of February, when this committee law as it now stands provides that it is to be
Missouri will withdraw the motion to adjourn, say they came here, upon consultation with the proved by the affidavits of credible witnesses, I will make that motion.
chairman of the Committee of Ways and Means, which would necessarily imply two witnesses.
Mr. BROWN. I withdraw it.
I was informed that the entire tax upon crude I have changed that in this amendment, so as
Mr. RAMSEY. Then I move than the Sen- petroleum would be removed by the cominitto make it proof satisfactory to the Commis- ate proceed to the consideration of executive The chairman said that that was his own sioner of Pensions. If the man and woman business.
opinion, and from his consultation with the have lived together for two years next preced
The motion was agreed to; and after some other members of the committee he was sure ing the enlistment of the man, and recognized
time spent in executive session the doors were that it would be agreed to. each other as man and wife, that is to be re- reopened, and the Senate adjourned.
I never saw Mr. Matthews to my recollection, ceived as sufficient proof of marriage when that
and Mr. Sawyer only once, and then he called fact is established.
HOUSE OF REPRESENTATIVES. me out during the session of the Honse. I Mr. JOHNSON. But what I want to know,
Friday, April 13, 1866.
gave him then the information which I had with the indulgence of my friend from West
derived from the chairman of the Committee of Virginia, is, whether that is to be considered
The House met at twelve o'clock m. Prayer | Ways and Means. I never saw him again, and as evidence that there is no other wife. It is by the Chaplain, Rev. C. B. Boynton.
as it was unnecessary for him to remam, I suponly evidence that she was the last wife; but
The Journal of yesterday was read and posed he had gone home. This charge of neg. these people-because of the condition in which approved.
ligence against the Representatives of western they have been placed in the past, not knowing
Pennsylvania, (I can speak not only for myself, there was any immorality in it, and being pro- Mr. DENVY, by unanimous consent, intro- but my colleagues also) is entirely groundless. hibited to some extent from marrying at all- duced a bill to issue an American register to I have frequently consulted with them upon the were in the habit of having some four or five the steamer Diana ; which was read a first and subject, and all agreed in pressing the removal wives. As they were sold from master to mas- second time, and referred to the Committee on of the tax on crude petroleum. I wish now ter, or went from State to State, they con- Commerce.
to ask the chairman of the Committee of Ways tracted, according to their mode of contract
and Means, who knows something of what I ing, a marriage. Many of these men I suppose Mr. WASHBURNE, of Illinois, by unani
have done in relation to this subject, whether really have wives, in the sense in which the term is used in this amendment, in half a dozen mous consent, moved that the Committee on
I have, either at this session or during the last Commerce be instructed to inquire what legis
Congress, neglected in any way the interest of of the States. I wanted to know whether the lation, if any, is necessary to prevent the intro
the oil producers, and whether I have not on amendment provides that it is to be the last
all occasions, in season and out of season, only who is to receive the pension, so as to
duction of the cholera into the ports of the Uni-
beset them to remove this tax on crude petroexclude antecedent ones.
The motion was agreed to.
leum as well as reduce that on refined. Mr. VAN WINKLE. Yes, sir. The Sen
Mr. MORRILL. Those members who were ator from Maryland is well aware, I
LEAVE OF ABSENCE. presume,
present whenever this subject has been acted though many Senators may not be, that in the Mr. ASHLEY, of Ohio. As I am somewhat upon heretofore will all bear witness to the State of Virginia, for instance, there was no unwell, I ask leave of absence for one week. zeal of the gentleman from Pennsylvania [Mr. law prohibiting the marriage of slaves, but the There was no objectior, and it was granted || SCOFIELD] in endeavoring to remove or to recommon law would not recognize a contract || accordingly.
duce the tax upon petroleum. Early in the made by a slave, either of marriage or any
COMMITTEE ON TERRITORIES.
present session he was several times at my thing else. They were, while slaves, in the Mr. ASHLEY, of Ohio. I was absent yes
desk in relation to this subject, and I gave him habit of going through the forms of marriage. terday when the Committee on Territories was
distinctly to understand that it was in my Some other negro would perhaps read from called. I ask now that it shall have two morn
opinion the intention of the Committee of the printed ceremonies of one of the churches, ing hours week after next.
Ways and Means to entirely remove the tax and they acknowledged one another as man and
Mr. WASHBURNE, of Illinois. I object to
on crude petroleum, and he need therefore wife, and, if virtuously inclined, lived together two morning hours, as it has already had one.
have no anxiety on the subject. as man and wife, and conducted themselves
Mr. ASHLEY, of Ohio. It will displace no
Mr. SCOFIELD. I ask the chairman of seemly in that regard. They had, as the Senother committee.
the Committee of Ways and Means of the last ator from Maryland says. the idea that when
Mr. WASHBURNE, of Illinois. I leave | Congress (Mr. Stevexs] a similar question. they changed their location they could take that matter to be decided when it comes up.
Mr. STEVENS. We all recollect--all the another wife; and they have been doing it not
Mr. ASHLEY, of Ohio. Say Thursday
members of the committee--that during the very far from here, even since the war com- week.
last Congress we were, I will not say immenced. They are now getting the knowledge Mr. STEVENS. Suppose they are not called,
portuned, but very much visited by the genthat the ceremony must be solemnized between will they come in?
ileman from the Erie district [Mr. SCOFIELD] them, or they will not be recognized; and that
The SPEAKER. The committee is now upon this subject, protesting against the tax great evil of the system of slavery will, of
being called; it will come in again next Tues- we were then about to put upon crude petrocourse, cease. It would be hard, where a man day. The Chair hears no objection, and the
leum. The committee, however, agreed to the and woman have lived together, considering | committee will have next Thursday week.
tax finally fixed, and it may be within the themselves as man and wife, raising children
recollection of others than myself that the genand recognizing them as their children, that
tleman from Pennsylvania [Mr. Scofield] this woman, who was a wife in everything ex- Mr. SCOFIELD. I ask leave to make a made not only a persistent but some of us zept the legal ceremony, and the children who, || personal explanation.
thought unreasonable effort to have the tax if that marriage could be recognized, were legit- The SPEAKER. The gentleman from Penn- reduced or taken off. And I will say further, imate children, should be cut off from the ben- sylvania [Mr. ScoFIELD) asks unanimous con- although he may not think it much in his efit
of the pension laws on account of this want sent to make a personal explanation. The praise, that when he did not succeed he beof formality in the marriage of the parents. Chair hears no objection.
came somewhat offended, and by several subMr. JOIINSON. The Senator does not Mr. SCOFIELD. I find in the Titusville sequent motions which were made sought to understand me. I do not want to cut them IIerald of April 9, 1866, a report signed by retaliate upon those who went against bim on off at all. I only want to know whether more J. T. Sawyer and E. W. Matthews, a commit- the taxing of petroleum. I thought for one than one woman can receive a pension for the tee, so styling themselves, of the oil producers that he was too persistent in his efforts in favor services of one man.
of western Pennsylvania. They state in that ll of that interest.
ENROLLED BILLS SIGNED.
Mr. GRINNELL. Let me say that at the I had looked into the subject and believed that service, and by their long and distinguished last session I denominated the gentleman from crude petroleum ought to be exempted from the Erie district [Mr. SCOFIELD] the '* free-light duty.
services and many sacrifices proved their earinan,' and I think he deserved the honor.
nestness and enduring devotion to the Union
I am surprised at these statements made Mr. SCOFIELD.
I yield now for a few | reflecting on the members from Pennsylvania, Major Daniel McCook, the lamented husmoments to my colleague, [Mr. LAWRENCE.] because I know that three of them have spoken band of Mrs. Martha McCook, was mortally Mr. LAWRENCE, of Pennsylvania. I de- to me several times upon the subject.
wounded at the battle of Buffington Island, sire to say for myself that on more than one I
suppose the chief reason why these parties | Ohio, and died July 21, 1863. occasion I have called on the chairman of the came to me was in consequence of a previous Captain John James McCook served on GenCommittee of Ways and Means on this very | acquaintance, and also for the reason that the eral Crittenden's staff, and was severely insubject, and have submitted a memorial on the Representative of the oil region proper [Mr. jured in the neck by the effects of a large shot. subject to that committee. I have conversed, CULVER) has hardly been in his seat this session. Major Latimore A. McCook, acting assistant also, with General GARFIELD, of Ohio, on the Mr. SCHENCK. I call for the regular order. surgeon of the thirty-fifth Illinois volunteers, subject.
The SPEAKER. The first business in order was wounded twice. Intelligent gentlemen from my district have || is the call of committees for bills of a private Colonel George W. McCook, ninety-sixth been here, and have been at my room over and nature, commencing with the Committee on Ohio volunteers, organized five regiments, and over again. I gave them the same assurance Invalid Pensions, where the call rested on last took the field himself. that my colleague from the Erie district says | Friday.
Major General Alexander McDowell Mcbe gave these gentlemen who have misrepre
JOSEPH BRAGDON, JR.
Cook commanded the right wing of the army sented the action of the Representatives from Western Pennsylvania. I have talked with all
On motion of Mr. SPALDING, by unani
of the Cumberland, and is still in the service. of them, and it is the universal opinion of the mous consent, the Committee on Appropria
Brevet Brigadier General Edwin Stanton delegation that this tax should be reduced or tions was discharged from the further consid
McCook was wounded three times, and while perhaps entirely abrogated. These gentlemen
eration of the petition of Josephi Bragdon, jr.; engaged before Vicksburg was stricken down have done injustice, and I presume intenand the same was referred to the Committee of
with sunstroke, from the effects of which he
will never recover. tional injustice, to the members from western Ways and Means.
This officer was engaged
in thirty-eight battles. Pennsylvania.
Private Charles Morris McCook, company F, Mr. SCOFIELD. I now yield for a few
Mr. TROWBRIDGE, from the Committee
second Ohio volunteers, was mortally wounded moments to my colleague from the Pittsburg district, (Mr. MOORHEAD.] on Enrolled Bills, reported that the committee
at the first battle of Bull Run, July 21, 1861, had examined and found truly enrolled a bill
and died two days after, he at the time being Mr. MOORHEAD, I want to say a word (S. No. 31) entitled "An act to reimburse the
but seventeen years of age. upon this subject, but not for the purpose of State of Missouri for moneys expended for the
Brigadier General Robert L. McCook, when excusing myself for anything I have done or United States in enrolling, equipping, and pro
sick and on his way to a hospital, was capfailed to do. At the last session of Congress sioning militia forces to aid in suppressing tured in his ambulance and savagely murdered when the question of taxing petroleum crude the rebellion;" when the Speaker signed the by his captors August 6, 1862, he having been was before the House I was in favor of the
engaged in many battles. tax and advocated it strongly, and know that Mr. COBB, from the Committee on Enrolled Brigadier General Daniel McCook was morin so doing, I incurred the displeasure of the || Bills, reported that the committee had exam
tally wounded at Kenesaw Mountain June 27, gentlemen who have made this report and the
ined and found truly enrolled bills of the fol- 1864, and died July 18, 1864. persons they represent. I thought then that | lowing titles; which were thereupon signed by
Midshipman J. J. McCook died on board this petroleum interest should contribute some- the Speaker:
the flagship Delaware, March 30, 1842. thing toward the payment of the interest on our An act (H. R. No. 150) for the relief of the Including the last named we have ten out debt. I was in favor of the tax for that rea
administrators and securities of Almon W. Bab- of one single family who have been actually I have found that in practice it works bitt, late secretary of Utah; and
engaged in the military and naval service of the badly and operates very unfavorably on small
An act (H. R. No. 471) to provide that the
country, four of whom were killed or died ells and small dealers. I think the taxation 6.Soldier's Individual Memorial"' shall be car
from wounds received in action, one died from should be laid on the large wells only, and I ried through the mails at the usual rate of
sickness, three severely injured or wounded in would like to see something of that kind done. printed matter.
the service, and but two of the ten escaping I do not see, however, how it can well be done.
unharmed from the casualties of war. The gentlemen who have made this report
MRS. MARTHA M'COOK.
Mr. Speaker, this is a record of which a nathrough the newspapers, when they were here Mr. TAYLOR, from the Committee on In- tion
may well feel proud. I do not know that in called on me, and I gave them the same assur- valid Pensions, reported back House joint reso- the history of the world there is a parallel case, aices which my colleague from the Erie dis- lution No. 46, for the relief of Martha McCook, none I am certain in the history of our own trict gave them; I told them that, from my with an amendment in the nature of a substitute. country, where so many of one family have intercourse with other members of the Com. The joint resolution was read. It provides rendered such distinguished service, and so mittee of Ways and Means, I had reason to a pension of $300 per annum to Mrs. Martha many, by their own merit, bravery, and gallant believe that the tax would be repealed. I told McCook, of Jefferson county, Ohio, during her conduct on the field, entitled themselves to the them that I was in favor of taking it off, and natural life, on account of the loss of her un- high and elevated rank which many of them that I had no doubt the Committee of Ways | married sons, Charles M. McCook and Brigadier | attained. and Means would so report. I can only say General Robert L. McCook.
The object of this resolution is that the nathat I am astonished that they should have The substitute proposes to give Mrs. Martha tion should, in a substantial and fitting way, made such a report as they have. The gentle- McCook an annuity during her natural life of acknowledge the unparalleled services of a sinman from the Erie district talked with me very $250 per annum, to be paid semi-annually, in | gle family to the country in the hour of its peril, fruently on this subject, urging the taking consideration of the services of her husband and to express its gratitude to a lady who gave off of the tax, even before he had any knowl- and eight sons in the late war, four of whom birth to so many children, and to condole with udge of this committee being here; and he had have died of wounds received in service.
her in her bereavement for the loss of husband & surances from me and from other members The question was upon agreeing to the sub- and sons whose lives have been given that their of the Committee of Ways and Means that we stitute.
country might live. believed it would be taken off.
Mr. TAYLOR. Mr. Speaker, in submitting Mr. Speaker, I have heard of but one objecMr. SCOFIELD. I have only to say further this resolution it seems proper that I should tion to the passage of this resolution, and that that I do not wish in any way to detract from state briefly the reasons which have actuated is its tendency to open the way for admitting the credit given to the gentleman from Ohio, the committee in recommending to the House applicants for annuities for like services and [Mr. GARFIELD.). He deserves, perhaps, all its favorable consideration.
sacrifices. This objection may in truth be well that is said of him, and the delegation from The resolution proposes to grant to Mrs. founded. Ofthis, however, I have many doubts; Western Pennsylvania deserve none of the Martha McCook an annuity of $250 per annum but if it be so, I shall be thankful and rejoice siaurier that is heaped upon them.
during life. The distinguished services of the to know it, and will take great pleasure in doing fr. GARFIELD. Will the gentleman from McCook family and their sacrifices are familiar what I can to recognize their services in as pubNew York allow me to say a word?
to every reader who has kept pace with the lic and as substantial a manner as this resoluMr. TAYLOR. I yield to the gentleman. rapid events which have passed in such quick | tion proposes to recognize the proud record of
Mr. GARFIELD. I desire to say in regard succession during the past five years, yet I deem the family of the McCooks. to this matter, that I knew of no such report it not out of place, as it is the base upon which Now, unless some gentleman desires to speak as this being in the newspapers until the gen- this resolution stands, to recapitulate what may | upon this joint resolution, I will call the prethe man from Pennsylvania [Mr. SCOFIELD] read | be, and I have no doubt is, familiar to every vious question: it ihis morning. As a member of the commit- member of this House.
Mr. PERHAM. I trust the gentleman from tí this subject was in part referred to me, and At the commencement of the recent war, New York [Mr. Taylor) will not call the pretwo delegations came on here from Pennsyl- || when the uuity and perpetuation of our Gov. vious question until the minority of the comTaria, some of the members of which were per- ernment were threatened by the rebellion of the mittee have been heard. sonally known to me, and they came to me. I so-called confederate States, nine of this fam- Mr. TAYLOR. I withdraw the call for the assisted them in getting facts from the internal || ily, all of its male members, with that patriotic previous question for the present. pievenue department, as I would have done any | impulse which characterized the uprising of the Mr. PERHAM. I desire to submit a minorother committee, and I assured them also that ll people of the loyal States, promply entered the li ity report, which I ask to have read.
The report was read. It states that while dent which will be established by the passage
find their houses burned in some instances, and the minority of the Committee on Invalid Pen- of this bill. The action of the House on this their property gone,
thus left poor, dependent sions recognize fully the distinguished services case may be regarded as an instruction to the upon their relatives, or thrown back years finanof the McCook family, they are unable to see committee in similar cases which we now have | cially. Now, the Government has not the charity why, from all the widows and mothers who before us, and others which must come before us. or the justice even to give back to these men have given their husbands and sons to their The minority of the committee propose that a part of the bounty. country's cause, this one should be selected to the pension which Mrs. McCook is now receiv- Now, sir, before I vote this to the mother or receive this compliment and substantial aid. | ing shall be increased from twenty-five to thirty the father of any major general, I shall ask The precedent would be a dangerous one, and dollars per month, thus giving her the pension justice to be done to these “grey-beards,'' men, if followed and a similar gratuity given to all to which she would be entitled in consequence though above forty years of age, doing their who might as reasonably claim it, the draft of the death of her son, who was a brigadier duty well. I tell you there are poor men now upon the national Treasury would be very large. I general, instead of the pension for the death of dependent upon scanty means we should first Many thousands of fathers and mothers who her husband, who was a major.
look to. I tell you they were brave men, have given all their sons to the service will feel Mr. EGGLESTON. It is very seldom, Mr. and deserve something from the Government that their claims are as good as this. Some Speaker, that I attempt to say anything in this
if we have charities to bestow. But here is have already applied for pensions, and their | House; but on a question of this kind, in rela- the difference in this case. It is for the priapplications must be responded to favorably or tion to which I have some knowledge of the vate soldier, for the poor, that we are called they will feel that injustice has been done them. facts of the case, I cannot remain silent and to legislate. Let us do that before we double Mrs. McCook is now in the receipt of a pen- hear gentlemen on this floor depreciate the ser- the pensions of those who are now already sion of $300 per annum, to which she is enti- vices of the brave and noble family to whom well to do in this world, and who can rest upon tled by the death of her husband in the service. allusion has been made. The McCook family their honors until families in absolute want are The minority of the committee therefore rec- are, in Ohio, truly called the “fighting family.'' || provided for. ommend that Mrs. McCook be allowed to take, Mrs. McCook has lost four sons in this war; I ask the Clerk to read what I send up. instead of the amount she now receives, a pen- and last of all, by a dispensation of divine Mr. MOULTON. It is a case from Illinois, sion for the loss of her son, Brigadier General Providence, her husband was taken while try- and I want her to be heard from. Robert L. McCook, which would be $360 per ing to stay the ravages of that desperado Mor- The Clerk read, as follows: annum; and report an amendment to that gan, who marched through the State of In
Assessor's OFFICE, effect.
UNITED STATES INTERNAL REVENTE, diana, and nearly through the State of Ohio.
SEVENTH DISTRICT OF ILLINOIS, The amendment of the minority was read. I say that this House should indorse the
PARIS, March 8, 1866. It directs the Secretary of the Interior to place | report of the majority of the committee, and MY DEAR FRIEND: I see by the papers that some upon the pension-roll the name of Mrs. Martha thus signify our appreciation of the patriotism gentleman of your House has been introducing some McCook, the widow of Daniel McCook and the of this family. The majority propose that we
resolution of thanks or compliments to some gen
tleman that had five sons in the Union Army. Now, mother of Robert L. McCook, at the rate of shall give this widow $250 per annum, in addi- I wish to put in your hands this case: Mrs. Imogeno thirty dollars per month during her widow- tion to the twenty-five dollars per month which Buckingham, of this county, had cight sons and
three grandsons in the Union Army, two were killed hood, in lieu of the pension she now receives she is now receiving; and this proposition
at Shiloh, the other six lived through, and were all of twenty-five dollars per month.
should receive the approval of the House: honorably discharged. One of her grandsons was Mr. PERHAM. I was one of the minority | There need be no fear that any other case like badly wounded at kenesaw. The names of these sons committee who were unable to come to the this will ever come before this Congress. The
are as follows, namely:
Samuel Buckingham,company A, seventh regiment same conclusion to which the majority of the records of this war may be searched in vain to Illinois cavalry: Edson Buckingham, in a California Committee on Invalid Pensions arrived in find another family like the McCook family. regimient; John Buckingham, in thirteenth Missouri regard to this subject. I have no reason to I for one, as a Representative from Ohio, shall
regiment; Joseph Buckingham, in an Iowa regiment;
Benjamin Buckingham. in twentieth Illinois regidetract at all from the just meed of praise that take pleasure in voting for the proposition sub- ment, dead; Charles M. Buckingham, in twenty-ninth is due to this McCook family. I am willing to mitted by the majority of the committee; and Illinois regiment, dead; Jacob Buckingham, in grant all that is claimed in that respect. if any gentleman in this House can present
twenty-ninth Illinois regiment; Elijah Buckingham,
in twenty-ninth Illinois regiment. But the question arises whether this country, any similar case or cases I am ready to vote She is a widow, and has been for sixteen years, and in its present financial embarrassment, is in a for a like appropriation in such cases.
in abject poverty; is sixty-seven years old ; a woman condition to allow this class of stipends to all the Mr. GRINNELL. Mr. Speaker, I believe
of fine native sense; was born in Fairfield county,
town of Brookfield, Connecticut; her maiden name mothers and fathers who have given their song that I have the credit, whether I deserve it or was Imogene Campbell; married 3d of August, 1517, to the service of their country. There are thou- not, of being very liberal in my votes in this in Brookfield, Connecticut, to Philip Buckingham, sands of instances of poor mothers who have | House, and I desire to be so on this occasion.
She is now living all alone, about five miles from
this place; has lived in this county about twenty-fivo been left, it may be, with a large family of small But before I vote, I desire to inquire in regard
years. children on their hands for support, who are to another very large class for whom I do not The reason I have been thus particular and minute receiving pensions of but eight dollars per see any immediate prospect of provision being | pension, as all of those that died had heirs of their
is to enable you if possible to procure her a special month, yet who have given to the country all made. I wish to inquire in regard to the poor own. These facts are all as I have stated them. See they had to give. Many of them have lost sons widows and mothers of private soldiers and what can be done. She does not own one foot of in the service, and the minority of the commit- maimed men with large families receiving
land. The case is now with you.
lioping that something may be done for this noble tee are unwilling to select this one case, this eight dollars per month. Here is the case of old Yankee mother, I am, with respect, your obedient one lady, this one mother, however worthy she a noted woman, honored in being the mother servant,
0. W. RIVES, may be, and give to her this stipend of the of a numerous, brave family. She is now
Assessor Seventh District Nlinois. Government while others are excluded. The receiving something like $300 a year from the Hon. S. W. Moultox, Washington, D.C. committee already have submitted to them for Government. That is well. But when it is I indorse the above stateinent as true to the best consideration one case very similar to this in proposed to double this pension because this of my knowledge and belief. T. C. W. SALE. regard to which they have presented an ad- lady had the honor to be the mother of such Mr. GRINNELL. I have had cases preverse report. They have now before them the sons, one of whom now enjoys a lucrative for- sented to my consideration where there were case of a father who claims that he has given | eign mission, while there are so many others || six, and in one case seven, in one family who to the service seven sons and one grandson, who are deserving and absolutely indigent, I have served as privates, when the family itself and he asks that some consideration of this cannot see the propriety of supporting such a was poor. Should I not appeal in vain to this kind be granted to him. The minority of the proposition; certainly when it sets a precedent | House for money for them? I choose to concommittee fear the precedent which would be which may involve the expenditure of millions sider the claim of our “grey-beards” and those established by the passage of the bill now under of dollars.
with unequal bounties and the most needy consideration, and therefore they object to its Now, sir, I wish to state a fact in regard to first. passage.
my own State in connection with this proposed Mr. TAYLOR. I yield to the gentleman Mr. THAYER. Does the gentleman mean liberality. When we were raising troops one from New Jersey. to say that in the instance he referred to the thousand brave men of our State, mainly above Mr. ROGERS. Mr. Speaker, this case, which seven sons and a grandson were killed in the forty-five years of age, some of whom had sons, strikes me as an extraordinary one, is in my service?
and even grandsons in the service of the coun: judgment just; and it will give me great pleasMr. PERHAM. They were not killed but try, were willing to enlist for the war. They ure to vote for the report of the majority of the were in the service.
supposed, of course, that they would receive committee, and I think the time has now come Mr. THAYER. That is a very material dif- the same treatment in reference to bounty, &c., in the affairs of the country when we should ference; and that distinguishes very decidedly as other troops. So far did this understanding turn our attention to those who have labored the case which he puts from the case now un- extend that even the paymaster gave them a in defense of the Union when our Government der consideration.
portion of their bounties. But when they were was sorely imperiled. • Mr. PERHAM. The gentleman will bear mustered out of service, one third and more of I am told, sir, that this family of McCook, in mind that all the sons of Mrs. McCook were their number having died or become unfit for || consisting of ten, had all of its male members not killed.
duty, the bounty which they had received was engaged in this war. I believe that it is a sacred Mr. THAYER. Four of them were killed deducted from their pay, being at once a morti- trust confided to us to reward the widows and in addition to her husband. fication and a hardship.
orphans our brave soldiers have left behind Mr. PERHAM. The minority of the com- By a bill we have sought to redress this wrong them. It is our duty to do so for the invalumittee desire that this question shall be pre- to the sacrificing “grey-beards" of the war able services the soldiers have rendered the sented distinctly, and shall be decided by the above forty-five years of age, many of whom country. We are spending millions of dollars House with a full understanding of the prece- went home, or the place they left as home, to for purposes not half so humane, not hall so