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word 'defendant" and insert the word 'claim persons ay may make complaint and prosccuto the any scizure shall be made under this act, and the ant;" so that the amendment will read: samo to conviction.
appraised value of the property seized shall not And the onus probandi in cases of scizure shall lie
The amendment was agreed to.
exceed $500, the collector of customs may at his own
risk deliver the same for safe kceping to any person, upon the claimant where probable cause is shown for
The next amendment was in section eight, apon such person cxecuting to such collector a bond, such prosecution, to be judged of by the court before whom the prosecution is had. line two, after the word "where”' to insert the
with good sureties, in a penal suin double such ap
praised value, conditioned that he will redeliver to Mr. HOWE. It strikes me that that changes
words "a vessel or;' in line four to strike out such collector, in as good condition as when delivered
the word “the” and insert the word “such'' to him, and free of expense or charges, such property the character of the proposed amendment enbefore the word “vessel," and after the word
on demand, to answer to any proceedings pending or to tirely. It provides for a proceeding in rem
be instituted for a condemnation thereof; and such 6 vessel": to strike out the words of which he while the committee's amendment has refer
collector shall proceed and make advertisement as is ence to a proceeding in personam. is so the owner, master, or manager ;'' so that
herein before provided the same as if such property the section will read:
had remained in his possession; and if such property Mr. MORRILL. So far as the burden of
shall not be forthcoming to be sold at the time and
SEC. 8. And be it further enaded, That in any case place appointed for the sale thereof, said collector proof is concerned, it is precisely in harmony
where a vessel or the owner, master, or manager of a shall account for such appraised value of the property with the act of 1799.
vessel shall be subject to a penalty for a violation of als though the same had been sold, and the obligors Mr. HOWE. It changes the character of the revenue laws of the United States, such vessel in said bond shall be liable thereon to said collector the whole section. It is a provision which has
shall be holden for the payment of such penalty, and for said appraised value and all expenses attending
may be seized and proceeded against summarily, by the scizure and other proceedings. nothing to do with the residue of the section.
libel, to recover such penalty, in any district court The amendment was agreed to. The section then will read that if a man buys of the United States havingjurisdiction of the offense. goods illegally imported, knowing them to be The amendment was agreed to.
The next amendment was in section sevenillegally imported, he shall be fined and im
The next amendment was in section ten,
teen, line two, after the word “Treasury," to prisoned, and the burden of proving something line ten, to insert the words without reason
strike out the words, “ shall have authority to shall lie upon the claimant, if probable cause able excuse'' before the word “neglect;' so
remit, in whole or in part, and upon such terms is shown. that the section will read :
as he shall judge proper, all fines, penalties, Mr. EDMUNDS. My friend, the Senator Sec. 10. And be it further enacted, That every offi
and forfeitures, not exceeding $1,000 in value, from Wisconsin, has forgotten, I fear, the cer or other person authorized to make searches and
incurred or accruing from any infraetion of the amendment which has already been adopted seizures by this act shall, at the time of executing revenue laws, and he;" in line six to strike out in the eighth line of this section, which de
any of the powers conferred upon him by this act, the word “also;"' and in line seven to insert the
make known, upon being questioned, his character clares, as a consequence of this illegal impor
word “fines” before the word “penalties;"! as an officer or agent of the customs or Government, tation, knowing it to be an illegal importation, and shall have authority to demand of any person and after the word "penalties" to insert the the goods, wares, and merchandise shall be within the distance of three miles to assist him in words "and forfeitures;" so that the section
making any arrest, search, or seizure authorized by forfeited. It is to that part of the section that
will read: this act, where such assistance may be necessary; and this second amendment will apply, if my if such person shall without reasonable excuse neg Sec. 17. And be it further enacted, That the Secreamendment be adopted.
lect or refuse so to assist, upon proper demand, be tary of the Treasury shall have authority to ascertain The amendment to the amendment was
shall be deemed guilty of a misdemeaner, and shall the facts upon all applications for remission of ines,
forfeit a sum not exceeding two hundred dollars, nor penalties, and forfeitures incurred or aceruing under agreed to. less than five dollars.
the revenuc laws, where the amount in guestion does Mr. HOWE. I ask for the yeas and nays
The amendment was agreed to.
not exceed $1,000, in such manner and under such
regulations as he may deem proper. on the amendment as amended.
The next amendment was in section eleven, Mr. MORRILL. Take the yeas and nays
The amendment was agreed to. line three, after the word " act' to insert "or in the Senate ; let us get on with the bill. any other act relating to the customs, or the
The next amendment was to add at the end Mr. HOWE. Very well. registering, enrolling, or licensing of vessels,
of the seventeenth section the following: The amendment, as amended, was adopted. now in force ;'and in line twelve to strike out And he may thereupon remit or mitigate such fines, The next amendment was in section seven, the word “respectable” and insert " compe
penalties, or forfeitures if in his opinion the same
shall have been incurred without willful negligence line three, after the word “ days''-to insert the tent; so that the section will read :
or any intention of fraud. words "after the facts shall come to their SEC. 11. And be it further enacted, That in all cases The amendment was agreed to. knowledge;"' in line four, to strike out the of seizure of property subject to forfeiture for any of the causes nained in this act, or any other act relating
The next amendment was to strike ont the words seizure may be made or forfeiture,'
to the customs, or the registering, enrolling, or licens nineteenth section, as follows: and to insert “fine or personal ;"' in line ing of vessels now in force, when, in the opinion of twelve, to strike out the words, in addition the collector or other principal officer of the revenue
SEC. 19. And be it further enacted, That nothing in to proceedings for forfeiture of any property making such seizure, the value of the property sợ
this act contained shall be taken to abridge or linit seized shall not exceed $500, he shall cause a list and
any forfeiture, penalty, fine, liability, or remedy prowhich may be seized, he,” and to insert the particular description of the property so seized to be vided for or existing under any law now in force. words " such district attorney ;' in line six
prepared in duplicate, and an appraisement of the The amendment was agreed to.
the same to be made by two sworn appraisers under teen, before the word “personal,'' to insert the revenue laws, if there are such appraisers at or The next amendment was in section twenty, the words “fines and ;'' in line seventeen, to near the place of seizure; but if there are no such line five, to insert the word "triplicate" bestrike out the words "such district attorney;"
appraisers then by two competent and disinterested
fore the word “invoice." in line eighteen, to insert the word "he” be
for that purpose, residing at or near the place of The amendment was agreed to. fore the word “shall; in line twenty, after seizure, &c.
The next amendment was to strike out secthe word “instituted," to insert “in which The amendment.was agreed to.
tion twenty-one, as follows: case he shall report the facts to the Secretary
The next amendment was in section twelve, SEC. 21. And be it further enacted, That whenever of the Treasury for his direction ;' in line
line twenty-six, after the word "sale" to insert any collector or other officer of the customs entitled twenty-one, to insert the words “fines and" before the word “personal ;' in line twenty || twenty-seven to add in all ;" so that the pro" from time to time,'' and at the end of line
to a distributive share of the proceeds of any goods, wares, merchandise, or other property, which havo
been seized for an alleged violation of the revenue nine, to strike out the word “his and to inviso to the section will read :
laws and appraised, shall consider sich appraisal sert“ such collectors," and also to insert the
too low ho may submit a full statement of the case, word “or” before the word “penalty ;' and
Provided, That the collector shall have power to
in writing, to the Secretary of the Treasury, who adjourn such sale from time to time for a period not in line thirty to strike out the words
if, from a consideration of the facts set forth in exceeding thirty days in all.
such statement, he deems it to be for the interest of feiture'' before the word imposed ;' so that The amendment was agreed to.
the revenue, direct that a second appraisal of such the section will read:
The next amendment was in section thirteen,
goods, warcs, merchandise, or other property, or any
portion thereof, shall be made, and may make such Sec. 7. And be it further enacted, That it shall be
line five, after the word “restoration''to strike regulations relating thereto as he may deem proper. the duty of the several collectors of customs to report within ten days after the facts shall come to
out the word "and" and to insert the words The amendment was agreed to. their knowledge to the district attorney of the dis “ of the." trict in which any fine or personal penalty may be
The next amendment was in section twenty
The amendment was agreed to. incurred for the violation of any law of the United
two, line fifteen, to strike out the words “forseis States relating to the revenue, a statement of all the The next amendment was in section fifteen, || and before the word "pay," and also to strike facts and circumstances of the case within their line seven, to strike out “$1,000" and insert knowledge, together with the names of the witnesses,
out the word “penalty," and insert the words and which inay come to their knowledge from time
$500;': so that it will rcad:
tonnage duty;" so that the section will read : to time, stating the provisions of the law believed to SEC. 15. And be it further enacted, That whenever
Sec. 22. And be it further enacted, That if any goods, be violated, and on which a reliance may be hac fora seizure shall be made of any property which, in the
wares, or merchandise shall, at any port or place in condemnation or conviction; and such district attor opinion of the appraisers, shall be liable to perish or
the United States on the northern, northeastern, or neyshall cause suit and prosecution to be commenced waste, or to be greatly reduced in value by keeping,
northwestern frontiers thereof, be laden upon any and prosecuted without delay for the fines and per or cannot be kept without great disproportionate
vessel belonging wholly or in part to a subject or subsonal penalties by law in such case provided, unless expense, whether such seizure consist of live animals,
jects of a foreign country or countries, and shall be upon inquiry and examination ko shall decide that or goods, wares, or merchandise, and when the prop
takon thence to a foreign port or place to be reladen a conviction cannot probably be obtained, or that erty thus scized shall not exceed $500 in value, and the ends of public justice do not require that a suit when no claim shall have been interposed therefor as
and reshipped to any other port or placein the United or prosecution should be instituted; in which case is hereinbefore provided, the said appraisers, if ro
States on said frontiers, either by the same or any
other vessel, foreign or American, with intent to he shall report the facts to the Secretary of the Treas quested by the collector or principal officer making ury for his direction, and for expenses incurred and the seizure at the time when such appraisal is made,
evade the provisions of the fourth section of "the
act concerning the navigation of th: United States, services rendered in prosecutions for such fines and shall certify on oath in their appraisal their belief
approved March 1, 1817, the said goods, wares, and personal penalties the district attorney shall receivo that the property seized is liable to speedy deteriora
merchandise shall, on their arrivalat such last-named such allowance as the Secretary of the Treasury shall tion or that the expenses of its keeping will largely
port or place, be seized and forfeited to the United deem just and reasonable, upon the certificate of the reduce the net proceeds of the sale, &c.
States, and the vessel sball pay a tonnage duty of judge before whom such prosecution was had; and The amendment was agreed to.
fifty cents per ton on her admeasurement. if any collector shall in any case fail to report to the proper district attorney, as prescribed in this section, The next amendment was to strike out the
The amendment was agreed to. guch collector's share of any fine or penalty imposed or incurro in such case shall be fortcited to the Uni
sixteenth section, in the following words: The next amendment was in section twentyted States, and the same shall be awardod to such Sec. 16. And be it further enacted, That whenever II three, line three, after the word “States,' io
insert the word "plying ;' and in line seven to to strike out one" and insert “five;'' so that or otherwise, or any gratuity, reward, pay, or compenstrike out the word shall” and insert the word the section will read:
sation ofany name, nature, or description whatsoever,
nor any promises for the same, either directly or in"may;'' so that the section will read:
Sec. 28. And be it further enacted, That no goods,
directly, nor purchased from any importer, (if affant wares, or merchandise taken from any port or place Sec. 23. And be it further enacted, That all steam
is connected with the customs, or * manufacturer, tug-boats, not of the United States, found employed
in the United States, on the northern, northeastern, if affiant is connected with the internal revenue serin towing documented vessels of the United States
or northwestern frontiers thereof, to a port or place vice,) consignee, agent, or custom-house broker, any
in another collection district of the United States on plying from one port or place in the same to another,
goods, wares, or merchandise at less than regular shall forfeit and pay the sum of fifty cents per ton on said frontiers in any ship or vessel, otherwise than by
retail market prices therefor, or placed himself or the admeasurement of every such vessel so towed by sea, shall be unladen or delivered from such ship or
herself under any official obligations to any such vessel within the United States but in open day, that them, respectively, as aforesaid, which sum may be
importer, (or manufacturer, as the case may be,) conrecovered by way of libel or suit. is to say, between the rising and setting of the sun,
signee, agent, or custom-house broker in any way except by special licenso from the collector or other whatever, nor has any such payment, loan, gratuity, The amendment was agreed to.
principal officerof the port for the purpose, nor at any roward, present of any wines or liquors of any kind,
time without a permit from such collector or other The next amendment was in section twenty
çigars, nor any other goods, wares, or merchandise principal officer for such unladingordelivery. And tho been received or accepted, or such purchase made or four, line twenty-eight, to strike out the words owner or owners of every vessel whose master or man obligations incurred by any member of his or her fam"and in addition,'' and to insert "bor said mas
ager shall neglect to comply with the provisions of ily, or by any friend or friends for him or her or his
this section, shall forfeitand pay to the United States or her fainily, from or to any importer, custom-houso ter, or other person, having charge of such ves a sum not less than $100 nor more than $500: Provided, broker, or any other person whomsoever, for or on sel;' and in line thirty-one, after the word That the Secretary of the Treasury be, and he is account of any official services rendered or to be ren"years,'' to strike out the words or both;''
hereby, authorized, from time to time, to make such dered by him or her during the period for which he
regulations as to him shall seem necessary and expe or she is to receive such payment, without duly pay. so that the clause will read:
dient for unlading at and clearance from any port or ing over or delivering the same to the collector and But if it shall be found that the quantity or quan:
place on said frontiers of ships or vessels at night, reporting the name of donor. And any person who tities of such articles or any part thereof so reported The amendment was agreed to.
shall willfully and falsely take and subscribe said oath are excessive, it shall be lawful for the collector or
shall be deemed guilty of perjury, and on conviction other officer of the customs to estimate the amount The next amendment was in section thirty, thereof shall be punished by imprisonment at hard of duty on such excess, which shall be forth with paid line five, after the word “two,' to insert the
labor for a period of not less than two years and not by said master or other person having charge of said
to exceed ten years, and shall thereafter be disqualivessel, on pain of forfeiting a sum of not less than word “of;" and in line eight to insert the word
fied from holding any office of trust or profit under $100 nor more than four times the value of such ex"of" before the word “the."
the United States. cess, or said master, or other person, having charge The amendment was agreed to.
And to insert in lieu thereof the following: of such vessel shall be liable to imprisonment for a torm of not less than three months nor more than The next amendment was in section thirty Sec. 32. And be it further enacted, That no officer or two years, at the discretion of the court. one, line two, after the words "hereby is," to
clerk whose duty it shall be to make payments on The amendment was agreed to.
account of the salary or wages of any officer or perstrike out the following words:
son employed in connection with the customs or the Mr. SPRAGUE. I do not know that I have Authorized to abolish the office of collector and
internal revenue service shall make any payment to that of surveyor of customs, or either, in any collec
any officer or person so employed on account of serany objection to this twenty-fourth section, but tion district, the net annual revenue of which does
vices rendered, or of salary, unless such officer or I call attention to the fact that so far as goods not now or at any time hereafter shall not exceed the person so to be paid shall have made and subscribed denominated “sea stores,'' purchased by vessum of $10,000, and to connect such district with an
an oath that, during the period for which he or she adjoining district, if, in his opinion, it would be to
is to receive pay, for salary or services rendered, sels trading or passing from one port to an the advantage of the public service or revenue, or to
neither he nor she, nor any member of his or her other, are concerned, they are to be hereafter assign the duties of the office to a deputy collector or
family, has received, either personally or by the infree from duty. So much of the revenue laws other officer; and thesaid Secretary is hereby further.
tervention of another party, any money or compen
sation of any description whatever, nor any promises as have reference to the imposition of duty on
So that the section will read :
for the same, either directly or indirectly, for services those goods are to be abolished. They are to SEC. 31. And be it further enacted. That the Secre
rendered or to be rendered, or acts performed or to be purchased in foreign countries and are to tary of the Treasury be, and he hereby is, authorized,
be performed, in connection with the customs or inbe free from taxation under our revenue syswhenever he shall think it advantageous to the pub
ternal revenue, nor purchased, for like services or lic service or revenue, to abolish or suspend the
acts, from any importer, (if affiant is connected with tem, and thus that portion of commerce is to offices of naval officer, surveyor of customs, or any
the customs.) or manufacturer, (if affiant is connected be relieved from the burden that other trades other subordinate office in any collection district of
with the internal revenue service,) consignee, agent, the United States.
or custom-house broker, or other person whomsoever, are required to submit to. I simply desire to
any goods, wares, or merchandise, at less than regusay that it is another inroad, as I understand it.
The amendment was agreed to.
lar retail market prices therefor. And any person Mr. MORRILL. Oh, no; this is no inroad; The next amendment was in section thirty
who shall willfully and falsely take and subscribe said
oath, and being duly convicted thereof, shall be subit is a restriction, not a license. They do not one, line fourteen, after the words “United | jected to the penalties and disabilities by law prepay now for sea stores, and this is to prevent | States'' to insert the following words :
scribed for the punishment of willful and corrupt
perjury. a practice which has grown up on the frontiers Except in those enumerated in section nine of the of purchasing large quantities of sea stores. act of May 7, 1822, and the amendment thereto, by
The amendment was agreed to. Ur. SPRAGUE. I am very glad to hear
tho act of April9, 1864, and the port of San Francisco. The next amendment was in section thirtythat that is the fact.
Mr. JOHNSON. I should like the honora three, line one, after the word “all,'' to strike The next amendment was in section twenty
ble member from Maine to explain that excep out the following words: five, line seven, after the word “States,'' to tion. I do not understand it.
Goods, wares, merchandise, or property of any kind insert "under the laws of the United States ;'!
Mr. MORRILL. It will be seen that the seized under the provisions of this act or any other
law of the United States relating to the customs, shall, and in line seven, after the word "States," to Secretary of the Treasury has authority by this unless otherwise provided for by law, be placed and insert in or a vessel intended to be employed in section to abolish certain naval officers, sur remain in the
custody of the collector or other prinsuch trade;" so that the section will read: veyors, &c., except in the cases specified in a cipal officer of the customs of the district in which tho certain act, and those cases are those that
seizure shall be made, to abide adjudication by the SEC. 25. And be it further enacted, That the equip
proper tribunal or other disposition according to law; ments, or any part thereof, (including boats,) pur apply to Portland, Boston, New York, Phila and the. chased for, or the expenses of repairs made in a for delphia, Baltimore, Charleston, New Orleans, So that the section will read: cign country upon, & vesscl enrolled and licensed
and San Francisco. The offices at those places under the laws of the United States to engage in the
Sec. 33. And be it further enacted, That all proceedforeign and coasting trade on the northern, north
are deemed important; the other offices are ings in regard to fines, penalties, and forfeitures by eastern, and northwestern frontiers of the United not deemed important. It was not thought
virtue of this act and not herein prescribed, shall be States, or a vessel intended to be employed in such
the same as are now provided by law in like cases; advisable to give this power over the officers trade, shall, on the first arrival of such vessel in any
and all such fines, penalties, and forfeitures shall, port of the United States, be liable to entry and the
at those important places, but at other ports after deducting all proper costs and charges, be dispayment of an ad valorem duty of fifty per cent. on where they are unimportant to the public ser
posed of and applied as provided for in the ninetythe cost thereof in such foreign country, &c. vice we give the Secretary this power.
first section of the act entitled "An act to regulato
the collection of duties on imports and tonnage,' The amendment was agreed to.
Mr. JOHNSON. I am satisfied.
approved March 2, 1799. The next amendment was in section twentyThe amendment was agreed to.
Mr. JOHNSON. I ask the honorable memsix, line two, to insert the word “registry'' The next amendment was in section thirty ber from Maine what is the object of striking before the word "enrollment;'' and to strike out one, line twenty, to strike out the word "dis that out. It provides that the goods seized the word "and" and to insert the word “ or'' trict and insert the word “customs;'' so that shall remain in the possession of the collector. before the word “license;" and in line three, the clause will read :
The provision seems to me to be a very wholeafter the word , granted,” to insert the words
And to assign the duties of the office of surveyor or some one, and unless it is substantially covered "in lieu thereof;" so that the section will any other subordinate oflice so abolished or suspended by existing laws, one that ought to be adopted. read: to a deputy collector or inspector of the customs.
It provides that the goods seized shall remain Sec. 26. And be it further enacted, That if any cer
The amendment was agreed to.
in the custody of the officer, to abide the decistificate of registry, enrollment, or license, or other The next amendment was to strike out sec. ion of the court. That the committee propose record or document granted in lieu thereof to any tion thirty-two in the following words:
to strike out. I should like to know from the vessel, shall be knowingly or fraudulently obtained or used for any vessel not entitled to the benefit Sec. 32. And be it further enacted, That no collector,
member from Maine what are the reasons for thereof, such vessel with her tackle, apparel, and deputy collector, auditor, cashier, disbursing clerk,
striking it out. furniture, shall be liable to forfeiture.
or other officer or employó of the customs, whose duty The amendment was agreed to. it shall be to make payments on account of the sal
Mr. MORRILL. My recollection of it is ary or wages of any inspector, appraiser, examiner, that it is stricken out because it does not hapThe next amendment was in section twenty
weigher, gauger, or other employé of the customs or
pen to be relevant to this section, and is proeight, line two, after the word merchandise, such officer or other person connected with the cus
vided for in another section of the bill. to strike out the words “ of the growth, prod toms or internal revenue on account of any salary or Mr. CLARK. We had better negative the
wages due to him or her by reason of any services uce, or manufacture of the United States ;'' in
amendment now, and that fact can be ascerrendered by him or her, unless such inspector, apline fifteen, to strike out the word “the” and praiser, examiner, weigher, gauger, or other employé
tained when the bill comes in the Senate. insert the word "and" before the word "pay;' shall have made and subscribed an oath that during Mr. MORRILL. I have no objection to that in line sixteen, to strike out twenty and
the period for which he or she is to receive pay on
course being taken. insert "one hundred ;'' and in line seventeeu, not received or accepted any money, either as a loan
The amendment was rejected.
The next amendment was in section thirty warrants and direct the same to any collector or colthree, line seventeen, after the word "when! lectors of the customs in whose respective districts to insert the word “any and to strike out the
any such invoices, books, or papers may be thought
to be. letter “s” in the word "officers;" in line
The amendment was agreed to. nineteen to strike out the word "make" and insert the words “furnish information to the
The next amendment was to strike out the collector leading to a ;' in line twenty to strike forty-second section, as follows: out the final "sin the word “seizures,'' and SEC. 42. And be it further enacted, That section also to strike out the word “they'' and insert
eleven of the act of March 3, 1863, last above men
tioned, be, and the same is hereby, amended so as 'he;' and after the word “distribution” in
to read as follows, to wit: that there shall be taxed line twenty-one to insert the words “ with such and paid to district attorneys two per cent. upon all collector, naval officer, or surveyor;" so that
moneys collected or realized in any suit or proceed
ing conducted by them respectively, in which the the proviso will read :
United States are a party, excepting cases of prize of Provided, That when any officer of the customs, war. The act in relation to costs, approved Februother than the collector, naval officer, or surveyor,
ary 26, 1853, shall not apply to such allowances; and shall furnish information to the collector leading to
the said section eleven is hereby repealed. a seizure, he shall be entitled to an equal share of the The amendment was agreed to. distribution with such collector, naval officer, or surveyor.
The next amendment was in section fortyThe amendment was agreed to.
three, line eight, to strike out the word “
reThe next amendment was to insert at the
moved" and to insert“subject to be removed," end of section thirty-four the words “or steam
and in line nine to insert the word "to" before boat inspector."
the word “forfeit;' so that the section will The amendment was agreed to.
read: The next amendment was to strike out the
SEC. 43. And be it further enacted, That if any col
lector of the customs, or other officer or agent, shall thirty-fifth section, in the following words: neglect or refuse to comply with the provisions of the SEC. 35. And be it further enacted, That in all cases
first section of the act entitled "An act requiring all in which the fees and emoluments received by any
moneys receivable from customs and from all other collector or other principal officer of the
sources to be paid immediately into the Treasury, in the opinion of the Secretary of the Treasury, in
without abatement or reduction, and for other pursufficient to afford a reasonable compensation for the
poses," approved March 3, 1819, he shall be subject services of such officer, after payment out of the same
to be removed from office and to forfeit to the United of reasonable incidental expenses of the office, the
States any share or part of the moneys withheld to said Secretary may direct that so much of the said
which he might otherwise be entitled. incidental expenses as shall seem to him to be just, Mr. JOHNSON. I should like to know from shall be paid out of the appropriation for paying the expenses of collecting the revenue; and the said the Senator having the bill in charge why the Secretary shall have the same power in regard to neglect or refusal to comply with the act reincidental expenses which have heretofore been in
ferred to in this section should not lead to a curred, and which have not been settled and paid into the Treasury; and all fees paid into the Treasury removal at once instead of leaving it dependent by custom officers shall be placed to the credit of the on the Secretary whether he will remove or not fund for defraying expenses of collecting the revenue from customs.
where an officer has clearly violated his duty. The amendment was agreed to.
Mr. MORRILL. We leave that to be judged The next amendment was in section thirty- / ° MT. JOHNSON. I know you do. It is a seven, line one, to insert the word “any” be
very important provision as the law stands. fore the word " person,'' and in line two to
The United States heretofore have lost an imstrike out the word “whatever;" so that the
mense deal of money by moneys being retained section will read:
by officers to meet possible suits against them. Sec. 37. And be it further enacted, That if any person It is not necessary to mention names, but they shall, directly or indirectly, at any time mako or offer to make to any officer of tho revenue, or to any other
have lost an immense deal of money in that person or persons authorized by this act to make way. In order to guard against that, a law was searches or seizures, any gratuity or present of money,
passed several years ago making it the duty of or other thing of value, or give or offer any bribe or reward, of whatever nature, with intent to influenco
the officer, although threatened with suit, where or induce such officer or other person or persons to moneys are paid under protest for duties alleged do any act in violation of his or her or their official
to be improperly exacted, to pay the money duty, or to refrain from doing anything which, under the law, it is or shall be his or her or their duty to
over to the Treasury at once. And if the suits do, every person so offending shall be liable to indict terminated against him, then the Government mene, as for a high crime and misdemeanor, in any court of the United States having jurisdiction for the trial of crimes and misdemeanors, and shall, upon
Mr. MORRILL. Suppose he had a good conviction thereof, be fined not exceeding three excuse. times the amount so offered, promised, or given, and Mr. JOHNSON. What excuse can he have imprisoned in a penitentiary not exceeding three
for not paying the money over? The provision The amendment was agreed to.
in this section is that "if any collector of the The next amendment was in section forty,
customs, or other officer or agent, shall neglect
or refuse to comply with the first section of the line three, after the word “bushels" to strike out the words, “may, at the discretion of the tive duty upon them, a duty found necessary by
act”-that is the act that makes it an imperacollector," and to insert the word “shall;" and
the losses which the Government sustained, to in line four, after the word "measuring '' to strike out the words "in which case" and in
pay the money over at once-“he shall be resert the word "and;" so that the section will possible excuse there can be for not paying the
moved from his office." I cannot imagine what read:
money over, and if there be no excuse it is to Sec. 40. And be it further enacted, That for the pur
be of itself conclusive as to his removal. Inpose of estimating the dutics on importations of grain, the number of bushels shall be ascertained by stead of that, if this amendment should be weight instead of measuring; and sixty pounds of adopted, it is left discretionary with the Secwheat, fifty-six pounds of corn, fifty-six pounds of rye, forty-cight pounds of barley, thirty-two pounds
retary to remove or not to remove. of oats, sixty pounds of peas, and forty-two pounds
Mr. MORRILL. He is liable to removal, of buckwbeat, avoirdupois weight, shall respectively of course, without any provision of law. He be estimated as a bushel.
is entirely within the power of the President The amendment was agreed to.
or the Secretary of the Treasury unless we The next amendment was in section forty. || should succeed in limiting the power of apone, line eight, to strike out the word "the" | pointment or removal, which seems somewhat and insert the word "any” before the word | unlikely at present. The provision is but a "district,'' and after the word “judge” to in qualified provision. He is always within the sert the words, " of the United States;" so that power of the Secretary. It is made imperative in the section will read :
the bill as introduced that he shall be removed SEO. 41. And be it further enacted, That in order to upon the happening of a certain contingency, facilitate the exccution of the provisions of the sev which can never be made absolutely certain. enth section of the act entitled "An act to prevent and punish frauds upon the revenue, to provide for
The very title of the act referred to shows that the more certain and speedy collection of claims in
there is to be a discretion-"An act requiring favor of the United States, and for other purposes, all moneys receivable from customs and from approved March 3, 1863, relative to the seizure of invoices, books, and papers," any district judge of
all other sources to be paid immediately into the United States may hereafter issue his warrant or the Treasury, without abatement or reduction,
and for other purposes,'' approved March 3, 1849. The idea of the committee was that an officer might be acting very honestly and very properly, and believe that he had paid over everythig that he had in his hands, and it might turn out upon a settlement that l.e had money in his hands which he ought to have paid over. We supposed that instead of rnaking the removal upon any assumed contingency absolute, the interests of the Government would certainly be protected if the Legislature fixed that as one of the causes which should subject an officer to removal. That is the only reason for the committee's adoption of this phrase.
Mr. JOHNSON. There is another objection to it. There ought to be, besides the liability to removal, some mode by which he could be compelled by a proceeding to pay over the money he had withheld.
Mr. MORRILL. That may be done under his bond.
Mr. JOHNSON. It is very doubtful whether this amendment would not change the meaning of the bond. If we adopt the amendment the committee propose, in case a collector or other officer, who has received money for the Government, does not pay it over, he may not be removed unless the authorities think proper to remove him, and may not forfeit anything. It makes, therefore, the liability to forfeiture to the United States depend upon the discretion of the superior officer. I think that is contrary to what has been the practice all along.
The amendment was agreed to.
The next amendment was, in section fortyfive, line seven, after the word "shall” to insert the words “ upon conviction thereof before the district court of his district;' so that the section will read:
Sec. 45. And be it further enacted, That if any collector of the customs, supervising or local inspector of steamboats, or other oflicer, shall neglect or refuse to make any of the returns or reports which he is required to make at stated times by any act of Congress or regulation of the Treasury Department, other than his accounts, within the time prescribed by such act or regulation, he shall, upon conviction thereof before the district court of his district, forfeit and pay, for the use of the United States, any sum not less than $100 nor inore than $1,000.
The amendment was agreed to.
The next amendment was in section forty. six, line four, after the word "live" to strike out the following words:
And all of the third section, excepting the second and last provisos thereof, of the act entitled "An act to provide for the support of the Military Academy of the United States for the year 1838, and for other purposes," approved July 7, 1838.
So that the section will read: SEC. 46. And be it further enacted, That the act entitled "An act for the more effetual recovery of debts due from individuals to the United States," approved March 3,1795; and the act entitled "An act to extend for a longer period the several acts now in force for the relief of insolvent debtors of the United States," approved May 27,1840,&c., be, and the same are hereby repealed.
The 'amendment was agreed to.
The next amendment was in section fortysix, line twenty-seven, after the word "nine,' to strike out the following words:
And the fifth section of the act cntitled "An act making appropriations for the civil and diplomatic expenses of the Government for the year 1841," approved March 3, 1811.
The amenilment was agreed to.
The next amendment was to strike out section forty-seven, in the following words:
Sec. 47. And be it further enacted, That this act may be cited by the name of "the customs protective act of 1866."
The amendment was agreed to.
Mr. EDMUNDS. It has occurred to me that there is a serious difference in the provisions which the second and third sections of this bill make in respect to the forfeitures which shall be applied to water craft and land craft. By the second section the custom officers are authorized to stop and examine vessels; and by the term “ vessels" is meant every description of machine by which transportation by water is to be effected ; but it does not provide, in case any contraband goods are found on board, that there shall be any for
feiture of the vessel; and that is in harmony
The remainder of the amendments were con.
referred to the Committee on the Pacific Railwith the existing law on the subject. In the curred in.
road. case of a foreign sea-going vessel arriving at The PRESIDING OFFICER. The Senator
AGRICULTURAL COLLEGES. one of the Atlantic pcrts, if the master fails to from Maine now moves that the further con
Mr. DONNELLY introduced a bill to amend deliver in a true manifest, the articles which sideration of this bill be postponed until toare not mentioned in the marrifest are forfeited,
an act donating public land to the several States but not the vessel, and the captain is subjected Mr. MORRILL. I should like to have it
and Territories which may provide colleges for to a fine. But the third section provides for made the special order for one o'clock if there
the benefit of agricultural and mechanic arts, the search and examination of land craft, if I be no objection.
approved July 2, 1862; which was read a first
and second time, and referred to the Committee may use that term-railroad cars, engines, Mr. CLARK. It will come up as the unfin.
on Public Lands. express-wagons, whatever it may be-and then ished business. proceeds to provide that if contraband goods Mr. MORRILL. Very well then; I will
CONSOLIDATION OF INDIAN TRIBES. are found on board, the vehicle, that is, the not make the motion to postpone, but let it
Mr. CÚLLOM introduced a bill for the railway train or the express-wagon or what come up as the unfinished business to-morrow. consolidation of the Indian tribes, and to esever it may be, shall be subject to forfeiture.
tablish civil government in the Indian terriIt appears to me there is no such inherent dis
tories; which was read a first and second time,
Mr. WILSON. tinction between carriage by land and carriage
I move that the Senate pro
and referred to the Committee on Indian Affairs. by water as to authorize us to allow a vessel ceed to the consideration of executive business.
The SPEAKER proceeded, as the next which brings in contraband goods to go free
The motion was agreed to; and after some
business in order, to call the States and Terand at the same time to condemn a railroad
time spent in executive session, the doors were ritories for resolutions, commencing with the train which should do precisely the same thing. reopened, and the Senate adjourned.
State of Pennsylvania, where the call rested I call the attention of the committee to it be
last Monday, proceeding in the inverse order. cause it is possible they have some explanation HOUSE OF REPRESENTATIVES.
TENURE OF OFFICE. which will satisfy myself and other Senators on
Monday, May 14, 1866.
Mr. WILLIAMS offered the following resothis point. It appears to me that there ought || to be a reasonable approximation to uniformity.
The House met at twelve o'clock m. Prayer || lution, and demanded the previous question The PRESIDING OFFICER,(Mr. POMEROY
by the Chaplain, Rev. C. B. BOYNTON. in the chair.) Does the Senator propose an
The Journal of Thursday last was read and Resolved, That the Committee on the Judiciary be amendment? approved.
instructed to inquire into the expediency of so alterThe SPEAKER. This being Monday, the
ing the law as to abrogate the tenure of office at the Mr. EDMUNDS. I do not.
pleasure of the appointing power, wherever the same Mr. MORRILL. I had an impression that
first business in order is the call of States and now exists, and to make all official trusts determinTerritories for bills on leave and joint resolu
able at times certain, subject only to the condition the difficulty suggested by the Senator from
of good behavior, with leave to report by bill or Vermont was provided for in another section tions, to be referred to appropriate committees,
otherwise. of the bill, but I am not certain that it is not
and not to be brought back by a motion to
The previous question was seconded, and provided for in the law as it stands, of which
the main question
ordered. this is amendatory; and if so then it need not
Mr. LE BLOND. If I. understand it, this be provided for here. There have been sev, Mr. LE BLOND. I offer the following con resolution embraces the principle which was eral other suggestions of amendment made, and current resolution, on which I demand the pre added to the Post Office bill in the Senate. If if it be the pleasure of the Senate I should be vious question:
so I intend to move to lay it on the table. glad to have the bill lie over until to-morrow. Resolved, (the Senate concurring.) That the report The SPEAKER. It is only a resolution of Mr. FESSENDEN. You had better have of Major General J. B. Steedman and Brigadier Gen
inquiry: the amendments made in committee concurred
eral J. F. Fullerton, dated May 7, 1866, be, and the
Mr. LE BLOND. Very well. in in the Senate, and then let it go over. published with the testimony taken by the joint com The resolution was agreed to.
Mr. MORRILL. Is the bill in the Senate mittee on reconstruction, together with such other or in Committee of the Whole ?
reports as they may from timo to time make in pur ADDITIONAL SECRETARY OF THE NAVY.
suance of the commission under which they are acting. The PRESIDING OFFICER. In Commit
Mr. STEVENS introduced the following tee of the Whole.
Mr. WASHBURNE, of Illinois. Must not joint resolution; which was read a first and Mr. MORRILL. I should like to have the
this resolution, being presented under this call, second time:
be referred to a committee? bill reported to the Senate, and such amend
Resolved by the Senate and House of Representatives,
The SPEAKER. It must, under the rule. &c., That an additional Secretary of the Navy shali ments as are not objected to concurred in, and
Mr. LE BLOND. then I should like to have the bill lie over until
Then I withdraw the
be appointed whose commission shall expire at the
end of six months from the 1st day of June next. resolution. to-morrow for further consideration.
Mr. STEVENS. I will merely state that it The bill was reported to the Senate as
CANAL COMPANY IN CALIFORNIA.
is necessary to send a Secretary of the Navy amended:
Mr. HIGBY introduced an act granting the | abroad, and during the time that he is abroad The PRESIDING OFFICER. The question right of way and making a grant of land to the it is necessary that another should be appointed. now is on concurring in the Senate in the Sierra Nevada and Contra Costa Irrigation and
I call the previous question. amendments made as in Committee of the Canal Company in the State of California; Mr. SPALDING. I wish the gentleman Whole. The question will be taken on the which was read a first and second time, and
would explain the necessity for the passage of amendments collectively, unless some Senator referred to the Committee on Public Lands.
this resolution. desires a separate vote.
Mr. STEVENS. The Department find it Mr. CONNESS. I should like to have a
BRIGADIER GENERAL GEORGE WRIGHT.
necessary to send a Secretary abroad on acseparate vote on the amendment in the third Mr. BIDWELL introduced a bill for the count of some examination of navies and navy. line of the seventh section.
relief of the representatives of the late Brig. || yards in foreign countries, and by the peculiar The PRESIDING OFFICER. That amend adier General George Wright, United States law appointing an Assistant Secretary of the ment will be excepted.
which was read a first and second time, || Navy, different from the others, in the absence Mr. HOWE. I desire a separate vote on the and referred to the Committee on the Judiciary.
or sickness of the head of the bureau the As. last amendment to the fourth section..
sistant Secretary becomes the Secretary of the
PUEBLO LANDS. The PRESIDING OFFICER. That amend.
Navy pro tempore. It is necessary, therefore, ment will be reserved.
Mr. BIDWELL also introduced a bill to to have one on the spot. I have limited the Mr. WILLIAMS. I ask for a separate vote quiet the title to the Pueblo lands of the town duration of the term to six months, so that upon the amendment striking out the nineteenth of Santa Barbara; which was read a first and under no circumstances shall it exceed the section.
second time, and referred to the Committee on time when the man who is sent abroad shall The PRESIDING OFFICER. That amend. Private Land Claims.
return. ment will be reserved.
MAIL STEAMSHIPS ON THE PACIFIC.
Mr. SPALDING. Allow me to say a word. Mr. HENDERSON. Some amendments
Mr. BIDWELL introduced a bill to authorize
I understood some time ago that the present have been made in the latter part of the thirty
Assistant Secretary of the Navy proposed to third section which I think the Senator having
ocean mail steamship service between the Uni. charge of the bill had better look over. If ted States and the Sandwich Islands; which || resign, and it was said that he had sent in his
resignation. And now I understand that he those amendments are concurred in now we
was read a first and second time, and referred
to the Committee on the Post Office and Post proposes a tour to Europe, and that for his may not be able to amend the section hereafter. Roads.
accommodation, he holding the office and I will therefore ask that the amendments to the
receiving the pay of first Assistant Secretary
TELEGRAPH LINE AT THE WEST. proviso of the thirty-third section be excepted,
of the Navy, we are called upon to make a and in the mean time the Senator froin Maine Mr. CLARKE, of Kansas, introduced a biil || second Assistant Secretary of the Navy. can look into them.
to amend an act entitled "An act to amend Mr. STEVENS. I have stated what the Mr. MORRILL. I wish to have all the an act entitled 'An act to aid in the construc head of the Department said. I know nothing amendments in that section reserved, and also tion of a railroad and telegraph line from the
He has not the time to go, and it was section thirty-five.
Missouri river to the Pacific ocean, and to se thought proper to have another appointed. I The PRESIDING OFFICER. Those amend cure to the Government the use of the same trust the gentleman will not object to it. It is ments will be excepted. The question now is for postal, military, and other purposes,' ap
but for six months. on concurring in the remainder of the amend proved July 1, 1862," approved July 2, 1864; Mr. SPALDING. I hope this House will ments made as in Committee of the Whole. which was read a first and second time, and hesitate before it gives its
Mr. STEVENS. I demand the previous all opposition, I ask him to enlarge the powers of that bureau to bring in a bill to repeal all acts and question. of the committee, so that the inquiry shall ex
parts of acts inconsistent with this resolution. The previous question was seconded, and tend to an examination of circumstances of a Mr. SCHENCK. I rise to a question of the main question ordered.
similar character whereby the lives of Amer order. My point of order is that there is an The joint resolution was ordered to be | ican citizens, including American troops, have insolent attack upon Congress contained in engrossed and read a third time; and being || been put in jeopardy by the Indians.
the first resolution moved by the member engrossed, it was accordingly read the third Mr. STEVENS. I should be very glad to from New York, [Mr. CHANLER,] for which he time.
accommodate the gentleman from New York, || deserves to be dealt with by the House. Mr. SCHENCK. I want to hear that joint [Mr. CHANLER.] But his proposition covers The SPEAKER. The Chair cannot rule resolution read again. I wish to know if this so much ground that I am afraid one commit these resolutions out of order upon the ground provides for another Assistant Secretary of tee will not be able to conclude the investiga- || stated by the gentleman from Ohio, [Mr. the Navy in addition to the one who is to travel. tion. I will very cheerfully vote for any reso Schenck.] It is a question for the House to Mr. STEVENS. Yes, sir.
lution to send the member who chooses to move determine whether the resolutions are unworthy Mr. SCHENCK. Then I hope the joint || it on such an investigation. At present, I must the members of this House. resolution will not be passed. call the previous question.
Mr. SCHENCK. It seems to me Mr. STEVENS. I have no objection to the Mr. CHANLER. I ask the attention of the The SPEAKER. The gentleman from Ohio joint resolution being referred to the Committee gentleman from Pennsylvania [Mr. STEVENS] || [Mr. SCHENCK) will suspend until the Chair on Naval Affairs.
for one moment. I know he is a universal phi- || shall have concluded his statement. Mr. HARDING, of Illinois. I move to lay lanthropist, and has heretofore extended his The argument of the gentleman from Ohio the joint resolution upon the table.
philanthropy over all the colored race. Why goes to the votes of members as to whether Mr. STEVENS. I hope it will go to the not extend it over all those who have suffered they will agree or disagree to the resolution. Committee on Naval Affairs by common con any violence or wrong? Why not include the It does not touch the question of parliamentary sent. recent murder in Pennsylvania
law. Mr. HARDING, of Illinois. Well, I with
Mr. WASHBURNE, of Illinois. I call the Mr. SCHENCK. Is it in order to move that draw my motion. gentleman to order; the previous question has
the resolutions be rejected? The joint resolution was then referred to the been called.
The SPEAKER. The question of agreeing Committee on Naval Affairs.
The SPEAKER. Debate is not in order. or disagreeing to the resolution will determine Mr. PIKE. I ask that the Committee on
The previous question was seconded and the that. If the resolution is not agreed to it is Naval Affairs have leave to report at any time. main question was ordered.
rejected. Mr. SPALDING. I object; and I move to Mr. ELDRIDGE. I call the
Mr. STEVENS. I raise the question of
yeas reconsider the vote by which the joint resoluon the passage of the resolution.
reception. tion was referred, and also move to lay the
The yeas and days were ordered.
The SPEAKER. The Clerk will read the motion to reconsider upon the table. The latter motion was agreed to.
The question was taken; and it was decided forty-first rule, under which the question of
in the affirmative-yeas 87, nays 22, not voting reception is raised by the gentleman from THE MEMPIIIS RIOT. 74; as follows:
Pennsylvania, [Mr. STEVENS.)
The Clerk read as follows: Mr. STEVENS introduced the following res YEAS — Messrs. Alley, Allison, Ames, Delos R.
Ashley, James M. Ashley, Baker, Baldwin, Banks, “When any motion or proposition is made, the olution, upon which he demanded the previous
Baxter, Benjamin, Bidwell, Bingham, Blaine, Blow, question, Will the House now consider it?' shall not question:
Boutwell, Bromwell, Broomall, Reader W. Clarke, ho put unless it is demanded by some member or Resolved, That a committee of three members be
Sidney Clarke, Cobb, Conkling, Cook, Cullom, Dar deemed necessary by the Speaker." appointed by the Speaker, whose duty it shall be to ling, Davis, Dawes, Defrees, Dolano, Deming, Don
Mr. ROGERS. I move to lay the resoluproceed, without unnecessary delay, to Memphis, in
nelly, Dumont, Eckley, Eggleston, Farnsworth, Ferry, the State of Tennessee, to make an investigation into
C. Harding, Hart, Hayes, Henderson; || tion on the table. all matters connected with the recent bloody riots in
Higby, Holmes, Hooper, Asahel W. Hubbard, Demas The SPEAKER. It is not yet before the that city, wbich began on the let instant, and par
Hubbard, John H. Hubbard, James R. Hubbell, House. ticularly to inquire into the origin, progress, and
I ulburd, Jenckes, Julian, Kasson, Kuykendall, termination of the riotous proceedings, the names of Laflin, William Lawrence, Loan, Longyear, Lynch,
The question was upon considering the the parties engaged in it, tho acts of atrocity perpe
McKee, Mercur, Miller, Moorhead, Morrill, Orth, resolution at this time. trated, the number of killed and wounded, the Paine, Patterson, Perham, Pike, Plants, William H.
Mr. CHANLER. Upon that question I call amount and character of the property destroyed, and
Randall, Alexander H. Rice, Rollins, Rousseau, report all the facts to the House; and the SergeantSawyer, Schenck, Stevens, Van Aernam, Burt Van
the yeas and nays. at-Arms or his deputy, and the stenographer of the
Horn, Ward, Warner, Elihu B. Washburne, Henry The yeas and nays were ordered.
The question was taken ; and it was decided and that all the expenses of this investigation be
liams, James F. Wilson, Windom, and Woodpaid out of the contingent fund of the House. The bridge--87.
in the negatire-yeas 19, nays 84, not voting said committee shall have power to send for persons
NAYS-Messrs. Bergen, Chanler, Dawson, Deni 80; as follows: and papers, and examine witnesses under oath.
son, Eldridge, Finck, Goodyear, Grider, Aaron Hard-
YEAS-Messrs. Bergen, Chanler, Denison, ElMr. CHANLER. It seems to me that this Ross, Shanklin, Sitgreaves, Spalding, Strouse, Taber,
dridge, Finck, Goodyear, Grider, Aaron Harding, is a matter which belongs to the executive and Trimble-22.
Kerr, Le Blond, Niblack, Ritter, Rogers, Ross, ShankNOT VOTING-Messrs. Ancona, Anderson, Barker,
lin. Sitgreaves, Strouse, Taber, and Trimble-19. department of the Government. At the same Beaman, Boyer, Brandegee, Buckland, Bundy, Cof
NAYS— Messrs. Alley. Allison, Ames, Delos R. time, I do not wish to object to action being froth, Culver, Dixon, Dodge, Driggs, Eliot, Farquhar,
Ashley, James M. Ashley, Baker, Baldwin, Banks, taken by the House. Glossbrenner, Grinnell, Griswold, Hale, Larris, Hill,
Baxter, Benjamin, Bingham. Blaine, Blow, Boutwell, Hogan, Hotchkiss. Chester D). Hubbard, Edwin N.
Bromwell, Broomall, Bundy, Reader W. Clarke, SidThe SPEAKER. The gentleman from Penn Hubbell, James Humphrey, James M. Humphrey,
ney Clarke, Cobb, Conkling, Cook, Callom, Darling, sylvania [Mr. Stevens] offers the resolution; Ingersoll, Johnson, Jones, Kelley, Kelso, Ketcham,
Dawes, Dawson, Defrees, Deming, Donnelly, Dumont, it is now before the House, and he calls the George V. Lawrence, Marshall, Marston, Marvin,
Eggleston, Farnsworth, Ferry, Garfield, Abner C. McClurg, McCullough, McIndoe, McRucr, Morris,
Harding, Hart, Hayes, Henderson, Higby, Holmes, previous question upon it. Moulton. Myers, Newell, Nicholson, Noell, O'Neill,
Hooper, Asahel W. Hubbard, Chester D. Hubbard, Mr. HĀRDING, of Illinois. I desire to Phelps, Pomeroy, Price, Radford, Samuel J. Randall,
John II. Hubbard, James R. Hubbell, Hulburd, Raymond, John H. Rice, Scofield, Shellabarger,
Jenckes, Julian, Kasson, Laflin, George V. Lawrence, move an amendment to the resolution, so that Sloan, Smith, Starr, Stilwell, Taylor, Thayer, Francis
William Lawrence, Loan, Longyear, Lyneh, Mekce, it shall extend to transactions at Chattanooga, Thomas, John L. Thomas, Thornton, Trowbridge,
Mercur, Miller, Moorhead, Morrill, Orth, Paine. Patwhere a few citizens were murdered. Upson, Robert T. Van Horn, Wentworth, Whaley,
terson, Perham, Pike, Plants, Alexander II. Rice, Mr. STEVENS. Let the proposed amendStephen F. Wilson, Winfield, and Wright-74.
Rollins, Sawyer, Schenck, Spalding, Stevens, Van
Aernam, Burt Van Ilorn, Ward, Warner, Elihu B. ment be read.
So the resolution was agreed to.
Washburne, Henry D, Washburn, William B. WashThe amendment proposed by Mr. HARDING,
Mr. STEVENS moved to reconsider the vote
burn, Welker, Williams, James F. Wilson, Windom,
and Woodbridge-84. of Illinois, was read, as follows:
by which the resolution was agreed to; and also NOT VOTING-Messrs. Ancona, Anderson, Barker, Whereas it is publicly reported and believed that moved to lay the motion to reconsider on the Beaman, Bidwell, Boyer, Brandegee, Buckland, Coflately at Chattanooga and Memphis many.inoffensive table.
froth, Culver, Davis, Delano, Dixon, Dodge, Driggs, citizens of the United States were murdered, and that
Eckley, Eliot, Farquhar, Glossbrenner, Grinbell,
The latter motion was agreed to. the portions of the Army of the United States at
Griswold, Hale, Harris, Hill, Hogan, Hotchkiss, Dethose points are seriously coinpromised in respect to Mr. STEVENS. I desire to say at this time
mas Hubbard, Edwin N. Hubbell, James Humphrey, good conduct in both cases: Therefore,
James M. Humphrey, Ingersoll, Johnson, Jones, Resolved, That the Committee on Military Affairs
that I hope I will be excused from serving on Kelley, Kelso, Ketcham, Kuykendall, Latham, be requested to inquire into and report to this House
the select committee just ordered, as the dis Marshall, Marston, Marvin, McClurg, McCullough, what was the conduct of the United States officers tance is rather further than I can conveniently
McIndoe, McRuer, Morris, Moulton, Myers. Newell, and troops in reference to the cases mentioned, and
Nicholson, Noell, O'Neill, Phelps, Pomeroy, Price, travel, to inform this House whether the country may rely
Radford, Samuel J. Randall. William II. Randall, upon the Army to aid in the protection of the rights
APPROVAL OF TIIE PRESIDENT.
Raymond, John H. Rice, Roussean, Scofield, 'Shellaof the people, and what legislation is necessary, if
barger, Sloan, Smith, Starr, Stilwell, Taylor, Thayer, any; and that the committee have power to send for
Mr. CHANLER submitted the following Francis Thomas, John L. Thomas, Thornton, Trowpersons and papers. resolutions, upon which he called the previous
bridge, Upson, Robert T. Van llorn, Wentworth,
Whaley, Stephen F.Wilson, Winfield and Wright-80. The SPEAKER. The amendment is scarcely question :
So the House refused to consider the resogermane to the pending resolution.
Resolved, That the independent, patriotic, and con
lution. Mr. HARDING, of Illinois. I withdraw the
stitutional course of the President of the United amendment. States, in seeking to protect þy tho veto power the
Mr. SCHENCK. Mr. Speaker, 3 question rights of the people of this Union against the wicked Mr. STEVENS. I insist on the demand for
of privilege, I believe, would not be in order and revolutionary acts of a few malignant and misthe previous question. chievous men meets with the approval of this Houso
at this time, and deserves the cordial support of all loyal citizens
The SPEAKER. Not until the expiration Mr. CHIANLER. Inasmuch as I know that of the United States.
of the morning hour. the gentleman from Pennsylvania, with his
Resolved, That this House believes the Freedmen's usual skill, will carry this measure in spite of Bureau unnecessary and unconstitutional, and hereby
Mr. SCHENCK. I give notice, then, that directs the chairman of the committee having charge so soon as I can have the opportunity I shall