Page images


one of them scrambled for, gambled for by a fallacy. The time is coming, Mr. President,
class of men that I will not attempt to describe, as sure as you live, when it will not be a fallacy;
for the English langpage is not yet quite copi- when it will be a reality. The time is coming
ous and rich enough to describe them ade when these people who have under this instru-
quately; but let the prevailing system of pol ment the right to send representatives here
ities continue for twenty years and you can get will see to it that the representatives do their
out of our lexicographies a better description | will and not the will of the President.
of them than ever was found of any natural Notwithstanding I am as anxious as the Sen-
curiosity yet in human language.

ator from Maryland to have peace, I do not
Much good every way will come of the adop see the way to it as he directs; but I know a
tion of this amendment. In addition to secur. way to it; I know a way to peace. Let the
ing more faithful service in these offices, you President of the United States recognize this
will satisfy the couutry that you have got a body-I do not mean this Senate, but these two
Legislature which does not get down on its Houses-as the law-making power, and let us
knces when a message is received from the recognize in hin the Executive of the United
White House, which does not take its gospel States. Then we can have peace. If he does
from the President of the United States, which not discharge his duty exactly as we like, we
does not vote the money of the people accord will not undertake to interfere with him if he
ing to his dictation, but a Legislature which will let us discharge our duties as we under-
listens to the people that created it, takes its stand the people who sent us here require of
gospel from them, from them gets instruction, Then I think there is room enough in the
to them holds itself responsible, and to their the United States for both the President and
will is now and hereafier always amenable. the Congress to exist and to breathe.
This will be gained, I think, by adopting this Sir, I cannot look back to see precisely how I

have expressed myself. If I have uttered a senBut, says the Senator from Maryland, it will tence or a word which looked like a complaint not do to urge this thing; it will not do to of the President for exercising the power of repress it now; we must have peace ; we are moval, I have been a little misunderstood. I do confronting critical times; the Secretary of not want anything I have said to be interpreted State has written a letter to some one of our in that way. I am not the man to complain or foreign ministers, and it looks as though we to whine becanse the President does what the might have a fight; we are in danger of war; law lets him do. I said once, I think, and if we must have peace at home; this division I have not said it, I say it now, that if I were between the President and Congress must ter there I would do the same thing. I would minate. God hurry on that day; I am as heart have my friends in these offices if you would ily anxious to see it as any man; but how shall let me have them there and pay them for being we bring it about? There is no man I know there. to whom peace seems more desirable than to I am told the President is amicted with an me, but how shall we get it? How is it to be || idea. I know what that disease is. I had attained? Is it only found at the White House, one myself once. I suppose he believes in it. and delivered in small packages done up to I can understand that the more readily because order and obtained by the Congress of the I am in the habit of believing in my own ideas. United States upon the personal application | I suppose he wants the American people to of its different members? Is that the only accept it. That is natural. If he honestly way we can get peace? Well, I guess we had believes in it, he ought to desire them to acbetter go without it a short time longer. Is cept it; but I want the American people to it only to be obtained by our surrendering the accept my idea. No, I do not exactly ask most manifest terms of the Constitution and them to accept it-they have got it bad, and I surrendering the dearest interests of the Amer want them simply to hold on to it, and I do ican people? Is peace only to be had upon not want them to be dragooned into letting it such terms as these? I guess it would be too go. But I am not finding fault with the Presexpensive. We declined peace in 1861 upon ident for doing any one thing that you let him these terms. We might have had it then pre do, that the law permits him to do, in order to cisely upon these terms. If we would have induce the American people to accept his idea. surrendered the expressed will of the Amer. He himself was once, not a President, but a can people, abandoned their choice, subjected || legislator. He himself seems to have, on one them to the dictates of those men who said occasion at least, and I think on many, develthere should be no peace until we did that, we oped a very accurate and a very creditable might have had peace. You can always have idea of the duties of a representative. On the peace

if you will not resist what anybody will 19th of Decembr, 1800, talking in this Chamdo. If all wrong and outrage and injury be ber to the American Senate, prescribing their accepted as readily and as cheerfully and as duty to that party who had not been victorious politely and as courteously as right and justice, in the election of 1860, but had been defeated, you can have peace. Let a man cuff you and and the party to which he then belonged, he take it good-naturedly without contest or strug. | reminded them what they could do and what gle, peace remains. Turn the other cheek as they ought to do. He reminded them that Mr. à reply to being smote upon the one, and you Lincoln had been elected according to the can have peace upon those terms.

Constitution and according to law, and said: But, sir, the trouble was that the American

I am for abiding by the Constitution, and in people had not quite made up their minds to abiding by it I want to maintain and retain my place take peace upon those terms. They thought here and put down Mr. Lincoln and drive back his that under this organic law they were made the

advances upon southern institutions, if he designs to

make any. Have we not gotthe brakes in our hands? arbiters in American affairs. They thought Have we not got the power? We have. Let South they had the right to send representatives here,

Carolina send her Senators back; let all the Senators each State to send two to this Chamber, and

como; and on the 4th of March next vosball have a

majority of six in this body against him. This sucevery district in each State to send one to the cessful sectional candidate, who is in a minority of a other Chamber; and when they had them here, million, or nearly so, on the popular vote, cannot they thought they had a right to be obeyed by

make his Cabinet on the 4th of March next unless

this Senate will permit him." them. They thought they had the right to send them here, a right conceded in this instrument

That is a clanse which I think has escaped

the attention of the honerable Senator from -conceded, no; that is not the word I mean to use-secured to them in this instrument to send

Maryland. There is one statesman who cermen here, to do what? Their own pleasure? | tainly thonght the Senate had something to say The pleasure of the President? No, no ; the

about advising the appointment of a Cabinet

minister. pleasure of the men who sent them here, to execute the will of their constituents. That is

"Am I to be so great a coward as to retreat from

duty? I will stand here and meet the encroachments what they thought. They have been cheated

upon the institutions of my country at the threshold; into that idea, and they are not willing to give and as a man, as one that loves my country and my it up; and I think for the present we had bet

constituents, I will stand here and resist all encroachter indulge them in this idea, even if it be a

ments and advances. Here is the place to stand.
Shall I desert the citadel, and let the enemy come in

and take possession? No. Can Mr. Lincoln send a foreign minister or even a consul abroad unless ho receives the sanction of the Senate? Can he appoint a postmaster whose salary is over a thousand dollarg a year without the consent of the Senate? Shall wo desert our posts, shrink from our responsibilities, and permit Mr. Lincoln to come with his coboris, as we consider them, from the North to carry off everything? Are we so cowardly that now that we aro defeated, not conquered, we shall do this? Yes, we are defeated according to the forms of law and the Constitution; but the real victory is ours; the moral force is with us.”

That is the way your President talked when he was a Senator. Do you suppose that he who then knew. so well what belonged to the character of an American Senator has forgotten it now? Does he not remind us to-day of the duty that devolves upon us? Do you think he was prepared to cover with smiles and blandishments a messenger from Mr. Lincoln in those times, if he had been President, or that he will entertain any very hearty and cordial respect for us we do the like to his messen. gers? I think not. I would rather take the advice found here in the language of the Pres. ident himself as a guide in discharging the duties of a Senator on this floor, and in this emergency, than to follow the suggestions so persuasively urged upon us yesterday by the Senator from Maryland.

Mr. President, I had no idea of occupying so much time when I rose. I want the Senate to adopt this amendment. I think the Senate had better adopt it as it stands. I do not care to deny to the President the right to remove officers for cause, but if the Senate sees fit to deny that, I acquiesce. The effect of this last provision is simply to leave that power of removal for cause in his hands and to deny him the right to make removals for any other reason. But either the part or the whole of this amendment, I ask the Senate, out of respect for itself, out of its respect for the country, out of its regard for duty, and above all, out of regard to the true meaning of the Constitution of the United States which each of us has sworn to support and defend, to adopt.

Mr. GUTHRIE. Mr. President, I think this amendinent is in bad taste, and particularly at this time. When a proposition of this kind was first presented I was asked if I made the charge that it was an attempt to curtail the President's power. I told him that I did not; my charge was that it was carrying out the vindictive spirit of some one in the body who wanted to prevent particular persons from being appointed to fill the place of certain persons now enjoying office and emoluments after their term should be over. But he has amended it now so as to deny a right heretofore conceded, and to make it really an assailment of the power of the President and a denial to his appointees of the reward of office to which every man is entitled who discharges the duties of office.

My objection to this measure is that the question was settled in 1789, settled when a great many of the men who had participated in making the Constitution were here in Congress, settled at the instance of Mr. Madison, who, perhaps, better understood the Constitution than any one else, and who regarded the power of removal as a power incidental to the executive duties which the Constitution con: ferred upon the President. This power of removal was acquiesced in during the Administration of Washington. I think the Senator from Wisconsin attributes more deference to Washington on the part of Congress than as felt or acted upon. However that may be, the power was exercised by Jefferson, by Madison, by Monroe, and by Adams, in a greater or less degree. It has been the settled doctrine of the Constitution since 1789 to the present time. My objection to this species of legislation is that it is an attempt to change the settled construction of the Constitution, which has been acted upon and sanctioned by the American people; it is a revolution in relation to the appointing and removing power, a civil revolution inaugurated by the members of Congress who go back and criticise the action of their predecessors in coming to the resolution arrived

at in 1789, and it is done obviously and clearly The question being taken by yeas and nays, as to make it acceptable and not obpc xious in because these gentlemen do not agree that the resulted-yeas 19, nays 11; as follows:

that regard. President shall not have the power of removing YEAS— Meesrs. Clark, Conness, Creswell, Harris, Mr. SHERVAN. I will ask my colleague certain men who support them and their meas Henderson, Howard, Ilowe, Kirkwood, Morrill, Nye, if this amnendinent places the advertisements in ures in opposition to him. We all know that Poland, Pomeroy, Ramsey, Sprague, Sumner, Trumbull, Wade, Williams, and Wilson--19.

Washington on the same footing in which they there are very few of them who, when they

NÄYS- Messrs. Davis, Dixon, Doolittle, Fessen are placed in other cities where they are recome to make a speech, can deny it.

den, Guthrie, Johnson, Morgan, Saulsbury, Sher quired by law to be made. I am very sorry for the difference that has man, Van Winkle, and Willey-11. ABSENT-Messrs. Anthony, Brown, Buckalew,

Mr. WADE. I understand it to be so. grown up between the President and Congress | Chandler, Cowan, Cragin, Edinunds, Foster, Grimes,


am told by those that know better than I do upon the subject of reconstruction. I was pre Hendricks, Lane of Indiana, Lane of Kansas, that it is the same. pared to take the President's recommenda McDougall, Nesmith, Norton, Riddle, Stewart, tions.

Mr. SHERMAN. I do not wish to make I was disposed to consider that the

Wright, and Yates-19. result of the battle-field had given us full and Mr. WADE. I offer an amendment, to add

any discrimination for or against the papers

here. fair guarantees. From the action of those States the following as an additional section:

Mr. WADE. I think it will not. in electing Legislatures and changing their con Sec. —. And be it further enacted, That all adver Mr. CONNESS. This places it on the highstitutions; from their sending representatives tising, notices, and proposals for contracts for the to the Senate and to the other House and ask. Post Office Department, and all advertising, notices,

est public ground. and proposals for contracts for all the Executive Deing admission into these Halls, I was disposed

Mr. SHERMAN. It puts them in the same partments of the Government required by law to be to take them on the credit of the acts they had published in the city of Washington, shall hereafter position as papers published in other cities, as done; to take them as sincere men; to take bo advertised by publication in the two daily news

I understand.. papers in the city of Washington having the largest Mr. CONNESS. I think it does. them as our generals on the field were prepared circulation, and in no others: Provided, That the to take them, and forget and forgive the past.

Mr. SAULSBURY. I have only one remark charges for such publicationsshall not be higher than I believed we could do more with them for the

such as are paid by individuals for advertising in to make on this proposition, and it is simply

said papers: And provided also, That the same pubUnion and for the prosperity of this nation

this: during the last Administration it was not lications shall be made in cach of said papers equally while they were in this body and consulting as to frequency, and that the circulation of such pa

found necessary, on grounds of public policy with us, and in the daily performance of acts

pers shall be determined upon the 10th day of June or otherwise, to propose any such amendment of kindness toward each other and to our re

annually; and the publishers of all papers competing to the Post Office appropriation bill as is now

for such advertising shall furnish itswornstatement of spective sections, than we could do by keeping their bona fide paid circulation of each regular issuo

proposed; it was not found necessary during them out and abusing them and declaring a

for the preceding three months; and shallin like man the Administration preceding that; and I do

ner certify under oath that such circulation has not, distrust of them. I still think it would have

not know what necessity exists now, under the during the said three months, been increased by any been better if we could have come together and gratuitous circulation, by a reduction in price below

present Administration, for making such a agreed. I charge no man with willfully doing

the ordinary and usual price of such papers, or by proposition greater than existed under preced

any other means, for the purpose of obtaining the these things to keep them out, and to keep

ing Administrations. Perhaps, however, the official advertising: Provided, That the charge for them in a conquered position; but I know that such adverting shall not be greater than is paid for

country will be able to understand it. is the deliberate opinion of the gentleman who

the same publication in other cities, or at a higher The PRESIDING OFFICER. The ques

rate than is paid by individuals for like advertising. last spoke that we should do so, for he pro

tion is on the amendment of the Senator from posed to put them under territorial govern

Mr. JOHNSON. What is the law now? Ohio. ments and to provide from the Treasury of

Mr. WADE. I suppose the object of this Mr. SAULSBURY. I ask for the yeas and the United States for the expense of maintain

advertising is to give the widest circulation pos nays upon it. ing territorial governments for the people of sible to these contracts, so as to create compe: The yeas


nays were not ordered. these eleven States. I have no doubt he is

tition for them. The law as it now stands, and The amendment was adopted. sincere in his opposition to the policy of the

which this amendment seeks to modify, is the President and in his desire to curtail the Presfollowing section in the naval appropriation || amendment to come in at the end of the first

Mr. CONNESS. I propose the following ident's power; but I was glad to hear him say | bill, approved March 3, 1845:

section: that if he was President of the United States “Sec. 12. And be it further enacted, That in all cases he would exercise this power which all Presi where proposals for any contract or contracts, to be

To enable the Superintendent of the Naval Observ

atory to carry out the object of the Senate resolution dents have exercised. I do not believe he made by any of the Executive Departments or bu

of March 19, 1866, for report of Isthmus routes to the reaus, and in all cases where notices of any descrip,

Pacific ocean, $1,500. loves his enemies any better than he loves his tion, issuing from the same, are now required by law friends; and he has said that he would stand to be advertised, the same shall be advertised by I will simply say, in explanation of this by his friends.

publication in the two newspapers in the city of
Washington having the largest permanent suhscrip-

amendment, that the Senate passed a resoluI am unwilling to change by vote of mine tion, and at the discretion of the Executive in any tion calling upon the Superintendent of the or to sanction a change of the construction of third paper that may be published in said city: Pro Naval Observatory to furnish a report upon the Constitution in this particular as it has

vided, That the charges for such publications shall
not be higher than such as are paid by individuals

the data in possession of that office relating to existed ever since the days of Washington for advertising in said papers: And provided also,

the Isthmus routes for the purpose of the conand has been exercised by all the Presidents. That the same publications shall be made in each struction of a canal for commercial uses.

It is There may be dangers, there may be inconof said papers equally, as to frequency."

found by the Navy Department that there is veniences in adhering to it; but I believe this The present law, after providing very care no appropriation from which the expenditures Government cannot be carried on successfully fully for selecting the two papers that have the necessary in making that report can be drawn. and advantageously without the power of re largest subscription, leaves it at the option of They are required to furnish maps and lines of moval being invested in the Executive. I the President to take a third paper, without levels, &c., requiring a good deal of work. It believe the power of Congress and public sen. any regard whatever to its circulation, which has also been found by Rear Admiral Davis, timent will always restrain the Executive in really destroys the efficacy and symmetry of who has charge of the Observatory, since he the direction in which he ought to be restrained. the law entirely, and is inconsistent with its entered upon the work that a large mass of I advise and counsel no unjust or improper provisions. The object being, as I said before, | the most important matter, facts of great pubdeference to the President; bit I do advise that as I suppose, to give the widest circulation pos. lic importance and consequence, are in posses. we will let the landmarks settled by our fathers | sible to these notices, when the law provided sion of the office. Since the introduction of and adhered to by all succeeding Administra that they should be published in the two papers the resolution there has been sent to me by tions stand where we found them. I do not having the largest circulatio it was entirely Mr. Squier, our former minister to Central want to put it in the power of the President to inconsistent with that proposition then to say America, a very large mass of important matsay that Congress is making war upon him by || that the President, without any regard to its ter connected with this subject, much of it denying to him a power that all the Presidents circulation, might, at his discretion, take any obtained from British sources, which ḥas been of the United States have exercised, or curtail third paper. The object of the amendment is forwarded to that office. ing it as far as possible.

to correct that, and to have the advertising I will also say now, in connection with this I have no doubt that Congress could have done in the pa pers of the very widest circula matter, that it is a subject in which many of passed a law authorizing the President to fill tion. The old law was not properly guarded the leading inen of the country are taking a any vacancies that might occur, and then it to secure that. This amendment requires that very deep interest, including Lieutenant Genwould liave been proper to let it go on as it affidavits shall be made as to the amount of eral Grant. It is proposed further to follow has gone on without law upon the assumption | the circulation, so as to secure honesty in the this up with a survey to be made during the that it came within the class of cases enumer calculation, and to see that the law is not evaded. next winter. The encouragement that the ated in the Constitution. That is all there is to it.

parties engaged, including the Superintendent I shall vote against the amendment because Mr. CONNESS. As this amendment was of the Naval Observatory, have met with since I am unwilling to change the settled construc originally introdnced by tle honorable Senator | they have begun their observations point to tion of the Constitution in this particular. I from Ohio it proposed to repeal an existing very great success in the investigations proam not willing to set the precedent of making section of law, and would also, without his | posed and being carried out. There is no war upon the President and curtailing, a power intention, repeal another section of the exist- | opportunity to obtain this slight appropriation that has been exercised by all the Presidents of ing law necessary to be in existence; and the

other way

than by a separate resolution, the United States in a greater or less degree. attention of the Department was particularly except by an amendment to one of the appro

The PRESIDING OFFICER, (Mr. Harris directed to what the effect of the amendment | priation bills, and it was deemed fit to proin the chair.). The question is on the amend as originally prepared would be. The amend. pose it to this bill. It is offered with the conment offered by the Senator from Illinois, on ment, as proposed now by the Senater, has been currence of the Committee on Post Offices and which the yeas and nays have been ordered. reconstructed so as to avoid that difficulty, so Post Roads.

in any


Mr. SHERMAN. Is it reported from that committee, and am in favor of striking out this amendment like this, changing and modifying committee? proviso.

the existing law, will embarrass the bill, and I Mr. CONNESS. Yes, sir.

The amendment was agreed to.

think it ought not to be adopted, certainly not The amendment was agreed to.

Mr. WILSON. I offer the following amend

without grave consideration. The amendinents were ordered to be en ment as an additional section:

Mr. CONNESS. I should have been pleased grossed and the bill to be read a third time. And be it further enacted, That the sum of $146,000

if this amendment had met the concurrence The bill was read the third time and passed. be, and the same is hereby, appropriated out of any

of the Senator from Ohio, but I am very glad money in the Treasury not otherwise appropriated, that the Senator has opposed it in the manner MESSAGE FROM THE HOUSE. to be disbursed by the Secretary of War, in the erec

in which he has done. I do not think his obA message from the House of Representa tion of fire-proof buildings at.or near the Schuylkill

arsenal, in the city of Philadelphia, to be used asstore jection that this amendment applies to a locality tives, by Mr. McPherson, its Clerk, announced houses for Government purposes at that post.

is a tenable one, because there is no other lothat the House of Representatives had agreed

in to the report of the committee of conference

accordance with a recommendation of the Quar- | We are on the other side of the continent. I on the disagreeing votes of the two Houses on the bill (S. No. 26) to encourage telegraphic | of War. We have $6,000,000 worth of proptermaster General, approved by the Secretary am glad, however, that he has made the obser

vations that have fallen from him. The de. communication between the United States and

erty there now, and the buildings are insecure, the island of Cuba and other West India

partment appear to have been as oblivious and they think it absolutely necessary for the heretofore to the fact that there were manufacislands, and the Bahamas.

security of that property and for the public || tures of this character in California as my The message further annou ced hat the

service that this appropriation should be made. honorable friend from Ohio. He says that if House of Representatives bad passed a bill The amendment was agreed to.

I shall be active in advising our manufacturers (H. R. No. 312) in amendment of an act to promote the progress of the useful arts, and

Mr. CONNESS. I offer the following amend

when they may bid they can get contracts to the acts in amendment of and in addition

ment to come in at the end of the fortieth line | supply these articles. I beg to assure my honthereto; in which it requested the concurrence on the third page:

orable friend that there is a knack about bidof the Senate.

Provided, That the quartermaster's department

ding that the California manufacturers do not shall, in supplying clothing and blankets for the yet appear to understand or come np to. They military service on the Pacific coast, give a prefer have been here again and again by their agents

ence to articles manufactured there, when the same The following bills and joint resolution from can be obtained without paying an increased price

and have undertaken to impress upon the Gov. the House of Representatives were severally therefor, and when the quality shall be found to be ernment and the agents of the Government read twice by their titles, and referred as indiof an equal or superior character.

employed in making these contracts the value cated below:

I wish to say, in explanation of this amend. and benefit to the Government of receiving A bill (H. R. No. 344) to incorporate the

ment, and I call the attention of Senators to it, their bids. Niagara Ship-Canal Company-to the Com that the quartermaster's department, and the It has often been stated in this body that the mittee on Commerce.

Indian department also, are now, and have most expensive branch of this Government, A joint resolution (H. R. No. 130) to carry

been, sending out to that coast, a class of and the branch in which there is the least into immediate effect the bill to provide for blankets and cloth of the most inferior charac- | responsibility, is the quartermaster's departthe better organization of the pay department || ter, mostly manufactured in England, costing ment. It would hardly be necessary to affirm of the Navy-to the Committee on Naval

the Government from twenty-five to fifty per that that is the fact here to-day. I say this Affairs.

cent. more than our domestic manufactures, without any inclination to pass a word of cen. A bill (H. R. No. 342) in amendment of an made entirely of wool, can be obtained for at sure upon the head of that department. He act to promote the progress of the useful arts,

San Francisco. I have at my room now-I did cannot know, managed as the department is, and the acts in amendment of and in addition not know that this bill would be called up to all that transpires. If I were at liberty to state thereto--to the Committee on Patents and the day-specimens which have been sent to me here what I now know in regard to the imposPatent Office.

of the blankets furnished by the department | sibility of honest men getting good goods acARMY APPROPRIATION BILL.

with the prices that they cost the Government, || cepted, it would surprise the country and the

and also specimens of the blankets that are Senate. Let me tell the Senator, and it is a Mr. SHERMAN. I now move to postpone manufactured at San Francisco. Those made | startling fact, that (against a special order all prior orders, if there are any, and take up there are made entirely of wool, and are ob from the department here) after an inspection the Army appropriation bill.

tainable on the ground at less than the ori. of the blankets sent out to San Francisco from The motion was agreed to; and the Senate, || ginal cost of the foreign article; and we are the New York market, showing them to be as in Committee of the Whole, proceeded to paying in addition for the foreign inferior arti utterly unfit for use, and after an examination consider the bill (H. R. No. 127) making ap cle the entire cost of transportation to that and their condemnation by a military board propriations for the support of the Army for coast. In addition to that, while the domestic of inspection regularly constituted, there was the year ending the 30th of June, 1867. article is made entirely of wool, at least one a peremptory order to go forward and use

The Committee on Finance reported the bill half or two thirds of the foreign article is in them; and five thousand pairs of blankets with two amendments. The first amendment

fused with cow's hair. The cloth sent out there were concerned in that transaction. General was to reduce the appropriation " for con for clothing is not of so bad a character, but Halleck examined them himself, and ordered tingencies of the Army' from $250,000 to yet a bad character, wearing out almost imme them to be set aside, and would not permit $100,000.

diately, and costing the poor soldier nearly all them to be used, notwithstanding the perempThe amendment was agreed to.

the Government pays him to be supplied with tory order of the department. The next amendment was to strike out the clothing. I do not think that the amendment Sir, this is not a new thing. It may be new following proviso at the end of the bill: can meet with any objection according to the in the Senate. I have at my rooms now speciProvided, That no part of the money hereby appro terms that are proposed in it..

mens of the article that your soldiers are com. priated shall be used for paying the Illinois Central Mr. SHERMAN. The law is now very strin- | pelled to sleep under by this mismanagement Railroad Company for the transportation of the troops or the property ofthe United States; and the Attorney

gent in prescribing the mode and manner in that would surprise Senators, and they would General of the United States is hereby directed to which the quartermaster's department shall be ashamed that either a white man or a black institute a suit against the said company in the cir purchase property for that department. Bids man should have them for his covering. The cuit court of the United States, in the eleventh circuit, without delay, to recover from the said company

are to be invited, and the contracts are let to Senator smiles; but I assure him that if he any moneys that have been paid to the said company the lowest bidder. Samples are furnished, and were camping out and had to be warmed on a by any department of the Government for the trans those samples have to be complied with. Now, cold night by the miserable trash sent out to portation of the troops or property of the United States; and the said Attorney General is hereby fur

to make a stipulation in favor of the domestic || the soldiers on the Pacific coast he would not ther directed to appear for the United States in said manufacturers of California in a bill of this smile in the morning. I know the Senator's court, and prosecute its interests in the said suit. kind would be unusual, in violation of the gen. kindly heart.

Mr. SHERMAN. This is the same contro eral policy of the Government, and would There is nothing in the objection that he versy that we had here a year ago, and which create trouble. The same claim might be made makes. No provision of this kind can come was then very thoroughly debated, and I think in every other community. The same claim up in favor of Missouri or any other place. the Senate by an almost unanimous vote agreed | might be made in Missouri and Iowa and in The Senator from Oregon, [Mr. NESMITH,] I to strike out a similar proviso in the Army ap any other State. The Senator says that Cali apprehend, can bear a little testimony in this propriation bill of last year. I wish to call the fornía furnishes better blankets at a cheaper I will have these specimens brought attention of the Senate to it now, so that if a con price. Then the people of California must here that the Senators may see them. I have troversy should arise between the two Houses learn to bid at the regular time for furnishing | had specimens already at the Quartermaster in regard to it, it may be understood. We ex supplies in California. This is the only way General's Office, but it is very hard to reach amined the matter thoroughly a year ago and in which it can be done. If the Senator will these things through departmental sources. came to the conclusion that the arrangement take pains in advising the people of California The Indian department have done the same made between Mr. Secretary Cameron and the of the time and place for making bids for blan thing. They have managed in the same way. Illinois Central Railroad Company was a rea kets, I have no doubt in due time the manu They have sent out blankets that have cost one sonable one and ought to be executed in good || factures of California, if they are springing up hundred per cent. more than the blankets that faith by the Government, and therefore this pro so rapidly-I did not know that they had man. are made in Oregon or San Francisco. Those viso was not a proper provision to be inserted ufactured in California

blankets are made entirely of pure wool, while in a law. We adhere to that conclusion, after a Mr. CONNESS. The Senator evidently the blankets sent there have one half or two reëxamination of the subject. does not know a good many things.

thirds of cow's hair, upon which your shoddy Mr. YATES. I perfectly agree with the Mr. SHERMAN. The introduction of an contractors bave grown rich, and they and





their families are shaming sensible, modest, willing to vote for the amendment as it now

PAPERS WITHDRAWN. and discreet people of both sexes at your lead stands. If there are good blankets made in On motion of Mr. STEVENS, leave was ing hotels throughout the country. I desire California, and cheaper than can be purchased granted for the withdrawal from the files of merely—it is a very simple amendment--that in New York, it is the duty of the Government the House of the papers in the case of Major the Government shall give the preference when to advertise for bids in San Francisco and Portthey can supply a better article there at a less land, and purchase them there, undoubtedly.

PATENT OFFICE FEES. cost. I do not think anybody can object to I shall have no objection to a carefully pre. that. pared section to require bids to be published in

Mr. JENCKES. I am instructed by the Mr. NESMITH. I concur fully in what the those cities and inviting proposals; but after

Committee on Patents to report House bill No. Senator from California has stated with refer all, these blankets must be submitted to the

342, regulating appeals to the examiner-in. ence to the production of these articles on the inspection of officers. They must be examined

chief of the Patent Office, with a recommenda

tion that it pass. Pacific coast. I do not know, however, whether to ascertain whether they correspond with the it would be good policy to incorporate a provis samples furnished on which bids are generally

The bill was read. It provides that upon an ion of this kind in this bill or not. Since I awarded. I suggest, therefore, that the Sen- | appeal from the examiner to the examiner-inhave been here, for the last five years, I have ator had better withdraw the amendment for

chief the appellant shall pay a fee of ten dollars, made very strenuous efforts to get the Indian the present. I do not intend to press the bill

and no appeal shall be allowed until the said department to make its purchases in that coun

fee shall be paid. to a passage to-night. I merely desire to have try. They manufacture in Oregon the best

Mr. JENCKES. it reported to the Senate, and then let it go

Mr. Speaker, when this blankets that I know of in the world ; and I

board of appeals was created no additional fee presume they manufacture them equally as CONNESS. All right; I will do that.

was prescribed for an appeal to it, and it has good in California. It is a well-known fact The PRESIDING OFFICER. The amend.

become overloaded with appeals from examthat the wool, which is a staple article of pro ment is withdrawn.

iners-in-chief. Two fees are now paid in the duction in that country and in all the States The bill was reported to the Senate as

Patent Office; one a fee of fifteen dollars upon and Territories of the Pacific coast, is remark amended, and the amendments were

filing the application, which is a payment for an able for its cheapness. The climate and the curred in.

examination; and the other is a fee of twenty grazing facilities are such that it costs little or Mr. SHERMAN. There are other amend

dollars upon the issuing of the patent, which is nothing to raise it; and a great deal of it is ments that may be offered, but which we are not

the evidence that the party applying has conshipped to this side. While labor is somewhat prepared now to offer, and I therefore move

vinced the Patent Office that he is an inventor. higher there than it is here, the low price of that the bill be postponed until to-morrow.

For the intermediate service vo fee is required wool enables the manufacturer there to make The motion was agreed to.

and none has been paid. It is reasonable that these articles of a better quality than can be

there should be a fee in view of the increased

EXECUTIVE SESSION. shipped from this side at the same price. I

labor devolved on the Patent Office. If no one have had a good deal of experience in this

Mr. ANTHONY. I move that the Senate desires to debate the bill, I demand the prematter, in the examination of accounts of pur proceed to the consideration of executive vious question upon it. chases of the Indian department; and last business.

The previous question was seconded and the summer while I was out on the Pacific coast The motion was agreed to; and after some main question ordered. in connection with a committee of investiga

time spent in executive session, the doors were The bill was ordered to be engrossed and tion of Indian affairs, I took great pains to reopened, and the Senate adjourned.

read a third time; and being engrossed, it was obtain all the invoices of the goods that the

accordingly read the third time and passed. department furnished from New York, and

Mr. JENCKES moved to reconsider the vote

HOUSE OF REPRESENTATIVES. then the invoices of similar goods purchased

by which the bill was passed; and also moved and made on the coast, and by comparing them

WEDNESDAY, May 2, 1866.

that the motion to reconsider be laid upon the I found that the articles were purchased much

The House met at twelve o'clock m. Prayer table.

The latter motion was agreed to. cheaper there; and by comparison of the arti-. by the Chaplain, Rev. C. B. Boynton. cles themselves I found that those that were The Journal of yesterday was read and

Mr. JENCKES moved to amend the title of purchased on that coast were of a quality very approved.

the bill so as to read, "An act in amendment superior to those which had been sent there.


of an act to promote the progress of the useful I am as anxious as the Senator from Cali Mr. BLAINE asked unanimous consent to addition thereto."

arts, and the acts in amendment of and in fornia that the Pacific coast shall be patronized offer the following resolution: in the purchase of these articles where the

The amendment was agreed to. Resolved, That the President of the United States quality is superior and they can be purchased

PAY OF PATENT-OFFICE EXAMINERS. be respectfully requested, if not incompatible with quite as low as they can be on this side ; but the public interest, to communicate to the House at Mr. JENCKES also, from the Committee I am not certain as to the propriety of incor

the carliest practicable day any authentic informa-
tion that may come into his possession in regard to

on Patents, reported a bill in addition to an porating a provision of this kind in this bill. the reported barbarous bombardment of the city of

act entitled "An act to promote the progress However, I am willing to vote for it. I think Valparaiso by the Spanish fleet on the 31st of Märch of the useful arts," and the acts in amendment some means should be taken, either by the

ultimo. Also, to inform the House wbat instructions
had been given by the Navy Department to the offi-

thereof; which was read a first and second department, or if the department refuse, by cer commanding the American feet in those waters time. Congress to compel the department to purchase

Mr. BOUTWELL. I object.

The bill authorizes the Commissioner of where they can get the best articles and at the

Patents to pay those employed in the United least price. The expense of shipment is very


States Patent Office, from April 1, 1861, until great.

Mr. HARDING, of Kentucky, by unanimous | August 1, 1865, as examiners and assistant Mr. CONNESS. I did not intend to do so, consent, submitted the following resolution; examiners of patents, at the rates fixed by law but I will now send to the desk to be read a

which was read, considered, and agreed to: for those respective grades; provided that the note received this morning from the honorable

Resolved, That the petition, claim, and papers in same be paid out of the Patent Office fund, Secretary of War, and I will state how and support of the same, of John R. Beckley, as mailcon and that the compensation thus paid shall not why it was written. I knew that these departtractor, heretofore presented to the Postmaster Gen

exceed that received by those duly enrolled as ments were unaware of the extent of our man

eral, be referred to the Committee of Claims, with
instructions to inquire into the justice of the samo,

examiners and assistant examiners of patents ufactures in this line, and also their excellence; and report by bill or otherwise.

for the same period. and when I was out there last fall I ordered á


Mr. WASHBURNE, of Illinois. It cannot pair of blankets, not of an extraordinary char

Mr. McRUER. I ask unanimous consent to

be I acter but of the best quality that are made for

If I domestic blankets, to be made to present to the Secretary of War. They came to hand the Senate bill No. 216, concerning certain lands

certain parties in the Patent Office since 1861.

Mr. JENCKES. The gentleman does not other day, and this is a note in answer describgranted to the State of Nevada.

understand the bill, and if he will listen to me ing their quality. I will ask that it be read,

Mr. WASHBURNE, of Illinois. I have no and ask Senators to listen to its reading. objection to calling this up to have it printed. torily. During the time named in this bill,

for a moment I think I can explain it satisfacThe Secretary read as follows:

The bill was accordingly ordered to be printed.

which is the period covered by Mr. Holloway's WASHINGTON, April 28, 1866. SOLDIERS AND SAILORS OF 1812.

commissionership, certain assistant examiners MY DEAR SIR: I have the pleasure to acknowl Mr. COFFROTH, by unanimous consent, were employed to do the duties of examinersedge receiving the pair of excellent blankets made submitted the following resolution; which was

in-chief. The Commissioner declined appointfor me, at your request, at the Mission mills in California. They surpass anything of the kind I have read, considered, and agreed to :

ing additional examiners-in-chief, as he might ever seen, and are more perfect and beautiful than

have done under the law, because the business

Resolved, That the Committee on Invalid Pensions I had known to be possible in such fabrics, and prove tbat maputactures will, like everything else, attain be, and is hereby, instructed to report by bill or oth

of the Patent Office had at that time fallen off, to the bighest perfection on the Pacific coast. Mrs.

erwise on pensions to all of the surviving soldiers and and he did not wish to burden the Patent Office

sailors of the war of 1812. Stanton's admiration of them knows no bounds, and

fund by the employment of men who at some she joins me in the desire that you will communicate Mr. SCHENCK. I demand the regular time would have nothing to do. Hence he emto the manufacturers, and accept for yourself, our

order of business. grateful thanks.

ployed assistant examiners and second assistEDWIN M. STANTON. The House accordingly proceeded, as the ant examiners to do the work of examiners-inHon. John Conness.

regular order of business, to the calling of the chief and first assistant examiners, and they Mr. SHERMAN. I do not think any Sen committees for reports, commencing with the performed it satisfactorily. Upon examining ster who reflects on the present law would be Committee on Patents.

the law, he was not satisfied that he had power

report, from the Committee on Public Lands, it I do, it goes back, raising the salaries of

to pay them for the work they had performed,


except the information which is now being because he had not appointed them to the office

Mr.JENCKES, from the Committee on Pat

received in the ordinary course? the duties of which they had performed. ents and the Patent Office, reported a bill for

Mr. CHANLER. It is a question of time. The passage of this bill is requested both by the relief of Jonathan Ball; which was read a

The specifications and drawings of patented Mr. Holloway and by the present Commissioner first and second time, referred to a Committee

machines which will be exhibited at the Expoof Patents as an act of justice to those who of the Whole House, and with the accompany.

sition at Paris will not reach this country, have done this work, so that they shail receive | ing report ordered to be printed.

without some such means as this, in tine to the pay for the work which they have done,

enable the Patent Office of this country to be and not be held to be satisfied by the pay of


benefited by them. And the specifications an inferior grade of officers. The bill does not make any appropriation.

Mr. CHANLER, from the Committee on

which come here from Europe do not come Patents and the Patent Office, reported a joint

until three years after an application is made These men are to be paid out of the Patent Office fund. resolution authorizing the Secretary of the In

there for patents, as I am informed at the

Patent Office. And therefore, if I am correctly Mr. DAWES. I would ask the gentleman

terior to appoint three commissioners to attend how this claim came to run along from year to the Paris Exposition; which was read a first

informed, it will be two or three years before

the Patent Office will receive the necessary and second time. year for four years. Mr. JENCKES. It has not.

information in regard to inventions not yet It was before The joint resolution authorizes the Secretary

patented. Congress at its last session, and the bill passed of the Interior to appoint three commissioners

Mr. BOUTWELL. If the gentleman will the Senate, but failed in the House. I have let. to examine and report upon the patented ma

allow me, I will say that I do not know from ters here from the former Commissioner of Patchines and inventions which may be exhibited

what source he obtains his information. But ents and from the present Commissioner, and

at the Paris Exposition of 1867; and provides a statement from the examiners themselves that the said commissioners be empowered to

my experience is that patents are issued in

England in a much shorter time after applicaof the duties which they have performed, and

employ the necessary draughtsmen and pho tions are made than they are in this country, I will have them read if gentlemen desire to tographers to carry out the intention of this

And drawings and specifications are to be had hear them. The point is this: that the Patent joint resolution, the necessary funds for the

for the merest pittance. Office fund which has been accumulated by the expenses of said commission to be drawn by

Mr. ROSS. I rise to a question of order; labors of these men should pay them just what the Secretary of the Interior from the Patent

that this being an appropriation bill, it should they have earned. Office fund not otherwise disposed of, not to

go to the Committee of the Whole. Mr. WASHBURNE, of Illinois. Have not exceed the amount of $15,000.

Mr. WASHBURNE, of Illinois. The genthese men been paid their salaries regularly?

Mr. WASIIBURNE, of Illinois. I should tleman is mistaken. I am sorry to say this is Mr. JENCKES. They have been paid sal like to hear some explanation of this joint res not an appropriation bill. aries regularly for an inferior grade of officers, olution.

The SPEAKER. The point of order, even while they performed the duties of a higher posed commission is to enable the Secretary of

Mr. CIIANLER. The purpose of this pro if well taken, is taken too late. But this is not grade of oslicers.

an appropriation bill; it does not propose to Mr. WASHBURNE, of Illinois. That may the Interior, if in his opinion it may be neces

appropriate money from the Treasury, but to be; but they have been paid the salaries of the

sary, to appoint a commission of experts, who take it from the Patent Oflice fund. officers the duties of which they performed. shall to Paris on behalf of the Patent Office

Mr. CHANLER. This joint resolution is Mr. JENCKES. No, sir; there is where the

of this Government to examine and take the || simply to aid the Commissioner of Patents to gentleman is mistaken. They have not been

proper drawings or photographs of the patented add to the information of his bureau. That is paid the salaries of the oflicers the duties of machines which may be exhibited at the coming

the object of this proposition, and it comes which they have performed, but salaries of offi- Exposition of 1867. The practical result of this

from the Bureau of Patents. cers of an inferior grade, the duties of which, commission will be to enlarge the records of

In regard to the statement of the gentleman of course, they did not perform during the time

the Patent Office, so as to enable the Commis. froin Massachusetts [Mr. BOTTWELL] that patthey were performing the other duties. sioner of Patents to decide upon the merits of

ents are issued more promptly in England than Mr. WASHBURNE, of Illinois. They have the claims presented to him for patents in this

in this country, he may be correct. But I hope been paid the salaries of the offices to which country.

the House will bear in mind that this Exposithey were appointed.

Under the existing law, unless the Patent tion of 1867 will include the new inventions Nr. JEYCKES. Yes, sir; but they did Office of this country has full and sufficient and patented machines not only of England, not perform the duties of those oflices, but information in regard to foreign patents, any but of France and the whole of Europe and of a higher grade of otfices to which they were person bringing here copies and models of for the world. And it is not impossible that the assigned by the Commissioner. And this is eign patents may obtain patents here, although || inventions exhibited there will be copied and merely to pay them for what they have earned. such patents may exist at that very moment presented in this country in a less period of

Mr. HARDING, of Illinois. "That is, while || abroad. All will understand that at the Exposi- || time than that required to lay before the Patthey held colonels' commissions they per: tion at Paris there will be exhibited a large ent Bureau in the ordinary way full informaformed the duties of brigadier generals, and

number of patented machines; and persons tion in regard to them. It is simply in behalf now want brigaciier generals' pay.

may take copies of them and obtain patents for of the Patent Office that this joint resolution is Mr. WASHBURNE, of Illinois. Exactly; themselves in this country if the Patent Oflice submitted to the House. that is just it; they want brigadier generals'

here is deficient in proper information upon the Mr. WASHBURNE, of Illinois. My dispay while doing the duties of colonels. subject of patents in foreign countries.

tinguished friend from New York [Mr. ČHANDr. HARDING, of Illinois. No, sir; while Another point is that the character of this

LER] desires to authorize the Secretary of the performing the daties of a brigadier general, commission, which will be appointed from Interior to appoint three high-toned gentlemen holding the commission of a colonel. among the experts and mechanical men of

to go to Paris to look at and report upon the Mr. JENCKES. That is it.

this country, will be such as to warrant us in || patented inventions which may be exhibited at Mr. HARDING, of Illinois. I wish merely || believing that the information they will obtain the Paris Exposition of 1867, and then he goes to remark that if this great principie is adopted will be of the greatest practical value to me on to propose that these three high-toned and it will benefit a great many meritorious men. chanical men in this country, as well as of | elegant gentlemen shall be authorized to draw There have been thousands of men in the interest to scientific men all over the world. $15,000 of money out of the public Treasury Army who have been commissioned as colo- || And it will enable the Commissioner of Pat

to pay their expenses. That is the purport nels, but bave performed the duties of briga

ents to lay before the country a full, accurate, of the joint resolution which we are asked to dier generals; and this principle would bring and valuable report, one which will be of the

pass. them all in for brigadier general's pay. It greatest value to the mechanical interests of Now, I need not say to the House that I am opens wide the door, and the Treasury can be this country. That is the whole scope and opposed to this whole thing. I am opposed to most completely emptied; there is no doubt || purpose of this joint resolution.

it, in the first place, because it is not necessary. about it.

In regard to the money which is called for The gentleman from Massachusetts (Mr. BoutMr. JENCKES. This bill is to pay men by this joint resolution, the amount can be WELL) has shown to the House that there is no for the duties they have performed. And the

changed if the House shall think it necessary. difficulty in obtaining all the necessary inforgentleman from llliuois [Mr. HARDING] is The Committee on Patents are not committed mation now. All the information we will get mistaken in comparing this case with the case to any sum; they have merely named this sum, by paying $15,000, we can get for three sħil. of colonels performing the duties of brigadier because there must be some amount provided | lings and sixpence in every case.

These comgenerals. This requires no appropriation, for for expenses.

missioners are empowered to supply the neces. the money is taken from the Patent Office Mr. BOUTWELL. I would inquire of the sary draughtsmen, photographers, &c., and fund. The other would require an appropria- || gentleman from New York [Mr. CHANLER) if the Secretary of the Interior is authorized to tion.

the Patent Office is not supplied from all the draw the necessary funds for the expenses of Mr. HARDING, of Illinois. I move to lay countries of Europe with specifications and said commissioners from the patent fund, not the bill on the table.

drawings immediately upon the issuing of pat to exceed $15,000. The motion was agreed to.

ents there. And I would further inquire if it I have heard no reason which wonld justify Mr. ROLLINS moved to reconsider the || is not a common thing for practitioners to send the House in making this appropriation, except vote by which the bill was laid on the table; | abroad for specifications and drawings of pat that we should take the money of our constituand also moved that the motion to reconsider ents which they can obtain at say less than ents to pay the expenses of certain genriemen be laid on the table.

three shillings each. And what is to be to go to Paris. The latter motion was agreed to.

obtained through this proposed commission, Mr. JENCKES. Mr, Speaker, the gentle.

« PreviousContinue »