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word "defendant" and insert the word "claimant;" so that the amendment will read:

And the onus probandi in cases of seizure shall lie upon the claimant where probable cause is shown for such prosecution, to be judged of by the court before whom the prosecution is had.

Mr. HOWE. It strikes me that that changes the character of the proposed amendment entirely. It provides for a proceeding in rem while the committee's amendment has reference to a proceeding in personam.

Mr. MORRILL. So far as the burden of proof is concerned, it is precisely in harmony with the act of 1799.

Mr. HOWE. It changes the character of the whole section. It is a provision which has nothing to do with the residue of the section. The section then will read that if a man buys goods illegally imported, knowing them to be illegally imported, he shall be fined and imprisoned, and the burden of proving something shall lie upon the claimant, if probable cause

is shown.

Mr. EDMUNDS. My friend, the Senator from Wisconsin, has forgotten, I fear, the amendment which has already been adopted in the eighth line, of this section, which declares, as a consequence of this illegal importation, knowing it to be an illegal importation, the goods, wares, and merchandise shall be forfeited. It is to that part of the section that this second amendment will apply, if my amendment be adopted.

The amendment to the amendment was agreed to.

Mr. HOWE. I ask for the yeas and nays on the amendment as amended.

Mr. MORRILL. Take the yeas and nays in the Senate; let us get on with the bill. Mr. HOWE. Very well.

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The amendment, as amended, was adopted. The next amendment was in section seven, line three, after the word "days" to insert the words after the facts shall come to their knowledge" in line four, to strike out the words "seizure may be made or forfeiture,' and to insert "fine or personal;" in line twelve, to strike out the words, "in addition to proceedings for forfeiture of any property which may be seized, he," and to insert the words "such district attorney;" in line sixteen, before the word "personal," to insert the words "fines and ;" in line seventeen, to strike out the words "such district attorney;" in line eighteen, to insert the word "he" before the word "shall;" in line twenty, after the word "instituted," to insert in which case he shall report the facts to the Secretary of the Treasury for his direction;" in line twenty-one, to insert the words "fines and" before the word "personal;" in line twentynine, to strike out the word"his" and to insert" such collectors," and also to insert the word "or" before the word "penalty ;" and in line thirty to strike out the words or forfeiture" before the word "imposed;" so that the section will read:

SEC. 7. And be it further enacted, That it shall be the duty of the several collectors of customs to report within ten days after the facts shall come to their knowledge to the district attorney of the district in which any fine or personal penalty may be incurred for the violation of any law of the United States relating to the revenue, a statement of all the facts and circumstances of the case within their knowledge, together with the names of the witnesses, and which may come to their knowledge from time to time, stating the provisions of the law believed to be violated, and on which a reliance may be had for a condemnation or conviction; and such district attorney shall cause suit and prosecution to be commenced and prosecuted without delay for the fines and personal penalties by law in such case provided, unless upon inquiry and examination ho shall decide that a conviction cannot probably be obtained, or that the ends of public justice do not require that a suit or prosecution should be instituted; in which case he shall report the facts to the Secretary of the Treasury for his direction, and for expenses incurred and services rendered in prosecutions for such fines and personal penalties the district attorney shall receive such allowance as the Secretary of the Treasury shall deem just and reasonable, upon the certificate of the judge before whom such prosecution was had; and if any collector shall in any case fail to report to the proper district attorney, as prescribed in this section, such collector's share of any fine or penalty imposed or incurred in such case shall be forfeited to the United States, and the same shall be awarded to such

persons as may make complaint and prosecute the same to conviction.

The amendment was agreed to.

The next amendment was in section eight, line two, after the word "where" to insert the words "a vessel or;" in line four to strike out the word "the" and insert the word "such" before the word "vessel," and after the word "vessel" to strike out the words "of which he is so the owner, master, or manager;" so that the section will read:

SEC. 8. And be it further enacted, That in any case where a vessel or the owner, master, or manager of a vessel shall be subject to a penalty for a violation of the revenue laws of the United States, such vessel shall be holden for the payment of such penalty, and may be seized and proceeded against summarily, by libel, to recover such penalty, in any district court of the United States havingjurisdiction of the offense. The amendment was agreed to.

The next amendment was in section ten, line ten, to insert the words without reasonable excuse" before the word "neglect;" so that the section will read:

SEC. 10. And be it further enacted, That every officer or other person authorized to make searches and seizures by this act shall, at the time of executing any of the powers conferred upon him by this act, make known, upon being questioned, his character as an officer or agent of the customs or Government, and shall have authority to demand of any person within the distance of three miles to assist him in making any arrest, search, or seizure authorized by this act, where such assistance may be necessary; and if such person shall without reasonable excuse negleet or refuse so to assist, upon proper demand, he shall be deemed guilty of a misdemeaner, and shall forfeit a sum not exceeding two hundred dollars, nor less than five dollars.

The amendment was agreed to.

The next amendment was in section eleven, line three, after the word "act" to insert "or any other act relating to the customs, or the registering, enrolling, or licensing of vessels, now in force;" and in line twelve to strike out the word "respectable" and insert " competent; so that the section will read:

SEC. 11. And be it further enacted, That in all cases of seizure of property subject to forfeiture for any of the causes named in this act, or any other act relating to the customs, or the registering, enrolling, or licensing of vessels now in force, when, in the opinion of the collector or other principal officer of the revenue making such seizure, the value of the property so seized shall not exceed $500, he shall cause a list and particular description of the property so seized to be prepared in duplicate, and an appraisement of the the same to be made by two sworn appraisers under the revenue laws, if there are such appraisers at or near the place of seizure; but if there are no such appraisers then by two competent and disinterested citizens of the United States, to be selected by him for that purpose, residing at or near the place of seizure, &c.

The amendment was agreed to.

The next amendment was in section twelve, line twenty-six, after the word "sale" to insert "from time to time," and at the end of line twenty-seven to add "in all;" so that the pro

viso to the section will read:

Provided, That the collector shall have power to adjourn such sale from time to time for a period not exceeding thirty days in all.

The amendment was agreed to.

The next amendment was in section thirteen, line five, after the word "restoration" to strike out the word "and" and to insert the words "of the."

The amendment was agreed to.

The next amendment was in section fifteen, line seven, to strike out "$1,000" and insert "$500;" so that it will read:

SEC. 15. And be it further enacted, That whenever seizure shall be made of any property which, in the opinion of the appraisers, shall be liable to perish or waste, or to be greatly reduced in value by keeping, or cannot be kept without great disproportionate expense, whether such seizure consist of live animals, or goods, wares, or merchandise, and when the property thus seized shall not exceed $500 in value, and when no claim shall have been interposed therefor as is hereinbefore provided, the said appraisers, if requested by the collector or principal officer making the seizure at the time when such appraisal is made, shall certify on oath in their appraisal their belief that the property seized is liable to speedy deterioration or that the expenses of its keeping will largely reduce the net proceeds of the sale, &c.

The amendment was agreed to.

The next amendment was to strike out the sixteenth section, in the following words: SEC. 16. And be it further enacted, That whenever

any seizure shall be made under this act, and the appraised value of the property seized shall not exceed $500, the collector of customs may at his own risk deliver the same for safe keeping to any person, upon such person executing to such collector a bond, with good sureties, in a penal sum double such appraised value, conditioned that he will redeliver to such collector, in as good condition as when delivered to him, and free of expense or charges, such property on demand, to answer to any proceedings pending or to be instituted for a condemnation thereof; and such collector shall proceed and make advertisement as is herein before provided the same as if such property had remained in his possession; and if such property shall not be forthcoming to be sold at the time and place appointed for the sale thereof, said collector shall account for such appraised value of the property as though the same had been sold, and the obligors in said bond shall be liable thereon to said collector for said appraised value and all expensez attending the seizure and other proceedings.

The amendment was agreed to.

The next amendment was in section seventeen, line two, after the word "Treasury," to strike out the words, "shall have authority to remit, in whole or in part, and upon such terms as he shall judge proper, all fines, penalties, and forfeitures, not exceeding $1,000 in value, incurred or accruing from any infraction of the revenue laws, and he;" in line six to strike out the word "also ;" and in line seven to insert the word "fines" before the word "penalties;" and after the word "penalties" to insert the words and forfeitures;" so that the section will read:

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SEC. 17. And be it further enacted, That the Secretary of the Treasury shall have authority to ascertain the facts upon all applications for remission of fines, penalties, and forfeitures incurred or accruing under the revenue laws, where the amount in question does not exceed $1,000, in such manner and under such regulations as he may deem proper.

The amendment was agreed to.

The next amendment was to add at the end of the seventeenth section the following:

And he may thereupon remit or mitigate such fines, penalties, or forfeitures if in his opinion the same shall have been incurred without willful negligence or any intention of fraud.

The amendment was agreed to.

The next amendment was to strike out the nineteenth section, as follows:

SEC. 19. And be it further enacted, That nothing in this act contained shall be taken to abridge or limit any forfeiture, penalty, fine, liability, or remedy provided for or existing under any law now in force.

The amendment was agreed to.

The next amendment was in section twenty, line five, to insert the word "triplicate" be fore the word "invoice."

The amendment was agreed to.

The next amendment was to strike out section twenty-one, as follows:

SEC. 21. And be it further enacted, That whenever any collector or other officer of the customs entitled to a distributive share of the proceeds of any goods, wares, merchandise, or other property, which have been seized for an alleged violation of the revenue laws and appraised, shall consider such appraisal too low he may submit a full statement of the case, in writing, to the Secretary of the Treasury, who may, if, from a consideration of the facts set forth in such statement, he deems it to be for the interest of the revenue, direct that a second appraisal of such goods, wares, merebandise, or other property, or any portion thereof, shall be made, and may make such regulations relating thereto as he may deem proper. The amendment was agreed to.

The next amendment was in section twentytwo, line fifteen, to strike out the words "forfeit and before the word "pay," and also to strike out the word "penalty," and insert the words tonnage duty;" so that the section will read :

66

SEC. 22. And be it further enacted, That if any goods, wares, or merchandise shall, at any port or place in the United States on the northern, northeastern, or northwestern frontiers thereof, be laden upon any vessel belonging wholly or in part to a subject or subjects of a foreign country or countries, and shall be taken thence to a foreign port or place to be reladen and reshipped to any other port or place in the United States on said frontiers, either by the same or any other vessel, foreign or American, with intent to evade the provisions of the fourth section of "the act concerning the navigation of the United States," approved March 1, 1817, the said goods, wares, and merchandise shall, on their arrival at such last-named port or place, be seized and forfeited to the United States, and the vessel shall pay a tonnage duty of fifty cents per ton on her admeasurement.

The amendment was agreed to.

The next amendment was in section twentythree, line three, after the word "States," to

insert the word “plying ;" and in line seven to strike out the word "shall" and insert the word "may;" so that the section will read:

SEC. 23. And be it further enacted, That all steam tug-boats, not of the United States, found employed in towing documented vessels of the United States plying from one port or place in the same to another, shall forfeit and pay the sum of fifty cents per ton on the admeasurement of every such vessel so towed by them, respectively, as aforesaid, which sum may be recovered by way of libel or suit.

The amendment was agreed to.

The next amendment was in section twentyfour, line twenty-eight, to strike out the words "and in addition," and to insert "or said master, or other person, having charge of such vessel;" and in line thirty-one, after the word "years," to strike out the words "or both;" so that the clause will read:

But if it shall be found that the quantity or quantities of such articles or any part thereof so reported are excessive, it shall be lawful for the collector or other officer of the customs to estimate the amount of duty on such excess, which shall be forthwith paid by said master or other person having charge of said vessel, on pain of forfeiting a sum of not less than $100 nor more than four times the value of such excess, or said master, or other person, having charge of such vessel shall be liable to imprisonment for a term of not less than three months nor more than two years, at the discretion of the court.

The amendment was agreed to.

Mr. SPRAGUE. I do not know that I have any objection to this twenty-fourth section, but I call attention to the fact that so far as goods denominated" sea stores," purchased by vessels trading or passing from one port to another, are concerned, they are to be hereafter free from duty. So much of the revenue laws as have reference to the imposition of duty on those goods are to be abolished. They are to be purchased in foreign countries and are to be free from taxation under our revenue system, and thus that portion of commerce is to be relieved from the burden that other trades are required to submit to. I simply desire to say that it is another inroad, as I understand it. Mr. MORRILL. Oh, no; this is no inroad; it is a restriction, not a license. They do not pay now for sea stores, and this is to prevent a practice which has grown up on the frontiers of purchasing large quantities of sea stores.

Mr. SPRAGUE. I am very glad to hear that that is the fact.

The next amendment was in section twentyfive, line seven, after the word "States," to insert "under the laws of the United States;" and in line seven, after the word "States," to insert 66 or a vessel intended to be employed in such trade;" so that the section will read:

SEC. 25. And be it further enacted, That the equipments, or any part thereof, (including boats,) purchased for, or the expenses of repairs made in a foreign country upon, & vessel enrolled and licensed under the laws of the United States to engage in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States, or a vessel intended to be employed in such trade, shall, on the first arrival of such vessel in any port of the United States, be liable to entry and the payment of an ad valorem duty of fifty per cent. on the cost thereof in such foreign country, &c.

The amendment was agreed to.

The next amendment was in section twentysix, line two, to insert the word " registry" before the word "enrollment;" and to strike out the word "and" and to insert the word "or" before the word "license ;" and in line three, after the word "granted," to insert the words "in lieu thereof;" so that the section will read:

SEC. 26. And be it further enacted, That if any certificate of registry, enrollment, or license, or other record or document granted in lieu thereof to any vessel, shall be knowingly or fraudulently obtained or used for any vessel not entitled to the benefit thereof, such vessel with her tackle, apparel, and furniture, shall be liable to forfeiture.

The amendment was agreed to.

The next amendment was in section twentyeight, line two, after the word "merchandise, to strike out the words "of the growth, produce, or manufacture of the United States;" in linc fifteen, to strike out the word "the" and insert the word "and" before the word "pay;" in line sixteen, to strike out "twenty insert " one hundred ;" and in line seventeen,

and

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to strike out one " and insert "five;" so that the section will read:

SEC. 28. And be it further enacted, That no goods, wares, or merchandise taken from any port or place in the United States, on the northern, northeastern, or northwestern frontiers thereof, to a port or place in another collection district of the United States on said frontiers in any ship or vessel, otherwise than by sea, shall be unladen or delivered from such ship or vessel within the United States but in open day, that is to say, between the rising and setting of the sun, except by special license from the collector or other principal officer of the port for the purpose, nor at any time without a permit from such collector or other principal officer for such unlading or delivery. And the owner or owners of every vessel whose master or manager shall neglect to comply with the provisions of this section, shall forfeit and pay to the United States a sum not less than $100 nor more than $500: Provided, That the Secretary of the Treasury be, and he is hereby, authorized, from time to time, to make such regulations as to him shall seem necessary and expedient for unlading at and clearance from any port or place on said frontiers of ships or vessels at night The amendment was agreed to.

The next amendment was in section thirty, line five, after the word "two," to insert the word "of;" and in line eight to insert the word "of" before the word "the."

The amendment was agreed to.

The next amendment was in section thirtyone, line two, after the words "hereby is," to strike out the following words:

Authorized to abolish the office of collector and that of surveyor of customs, or either, in any collection district, the net annual revenue of which does not now or at any time hereafter shall not exceed the sum of $10,000, and to connect such district with an adjoining district, if, in his opinion, it would be to the advantage of the public service or revenue, or to assign the duties of the office to a deputy collector or other officer; and the said Secretary is hereby further. So that the section will read:

SEC. 31. And be it further enacted, That the Secretary of the Treasury be, and he hereby is, authorized, whenever he shall think it advantageous to the public service or revenue, to abolish or suspend the offices of naval officer, surveyor of customs, or any other subordinate office in any collection district of the United States.

The amendment was agreed to.

The next amendment was in section thirtyone, line fourteen, after the words "United States' to insert the following words:

Except in those enumerated in section nine of the act of May 7, 1822, and the amendment thereto, by the act of April 9, 1864, and the port of San Francisco. Mr. JOHNSON. I should like the honorable member from Maine to explain that exception. I do not understand it.'

Mr. MORRILL. It will be seen that the Secretary of the Treasury has authority by this section to abolish certain naval officers, surveyors, &c., except in the cases specified in a certain act, and those cases are those that apply to Portland, Boston, New York, Philadelphia, Baltimore, Charleston, New Orleans, and San Francisco. The offices at those places are deemed important; the other offices are not deemed important. It was not thought advisable to give this power over the officers at those important places, but at other ports where they are unimportant to the public service we give the Secretary this power.

Mr. JOHNSON. I am satisfied.
The amendment was agreed to.

The next amendment was in section thirtyone, line twenty, to strike out the word "district" and insert the word "customs;" so that the clause will read:

And to assign the duties of the office of surveyor or any other subordinate office so abolished or suspended to a deputy collector or inspector of the customs. The amendment was agreed to.

The next amendment was to strike out section thirty-two in the following words:

SEC. 32. And be it further enacted, That no collector, deputy collector, auditor, cashier, disbursing clerk, or other officer or employé of the customs, whose duty it shall be to make payments on account of the salary or wages of any inspector, appraiser, examiner, weigher, gauger, or other employé of the customs or internal revenue, shall make any payment to any such officer or other person connected with the customs or internal revenue on account of any salary or wages due to him or her by reason of any services rendered by him or her, unless such inspector, appraiser, examiner, weigher, gauger, or other employé shall have made and subscribed an oath that during the period for which he or she is to receive pay on account of his or her salary or wages, he or she has not received or accepted any money, either as a loan

or otherwise, or any gratuity, reward, pay, or compensation of any name, nature, or description whatsoever, nor any promises for the same, either directly or indirectly, nor purchased from any importer, (if affiant is connected with the customs, or "manufacturer," if affiant is connected with the internal revenue service,) consignee, agent, or custom-house broker, any goods, wares, or merchandise at less than regular retail market prices therefor, or placed himself or herself under any official obligations to any such importer, (or manufacturer, as the case may be,) consignee, agent, or custom-house broker in any way whatever, nor has any such payment, loan, gratuity, reward, present of any wines or liquors of any kind, cigars, nor any other goods, wares, or merchandise been received or accepted, or such purchase made or obligations incurred by any member of his or her family, or by any friend or friends for him or her or his or her family, from or to any importer, custom-house broker, or any other person whomsoever, for or on account of any official services rendered or to be rendered by him or her during the period for which he or she is to receive such payment, without duly paying over or delivering the same to the collector and reporting the name of donor. And any person who shall willfully and falsely take and subscribe said oath shall be deemed guilty of perjury, and on conviction thereof shall be punished by imprisonment at hard labor for a period of not less than two years and not to exceed ten years, and shall thereafter be disqualified from holding any office of trust or profit under the United States.

And to insert in lieu thereof the following: SEC. 32. And be it further enacted, That no officer or clerk whose duty it shall be to make payments on account of the salary or wages of any officer or person employed in connection with the customs or the internal revenue service shall make any payment to any officer or person so employed on account of services rendered, or of salary, unless such officer or person so to be paid shall have made and subscribed an oath that, during the period for which he or she is to receive pay for salary or services rendered, neither he nor she, nor any member of his or her family, has received, either personally or by the intervention of another party, any money or compensation of any description whatever, nor any promises for the same, either directly or indirectly, for services rendered or to be rendered, or acts performed or to be performed, in connection with the customs or internal revenue, nor purchased, for like services or acts, from any importer, (if affiant is connected with the customs.) or manufacturer, (if affiant is connected with the internal revenue service,) consignee, agent, or custom-house broker, or other person whomsoever, any goods, wares, or merchandise, at less than regular retail market prices therefor. And any person who shall willfully and falsely take and subscribe said oath, and being duly convicted thereof, shall be subjected to the penalties and disabilities by law prescribed for the punishment of willful and corrupt perjury.

The amendment was agreed to.

The next amendment was in section thirtythree, line one, after the word "all," to strike out the following words:

Goods, wares, merchandise, or property of any kind seized under the provisions of this act or any other law of the United States relating to the customs, shall, unless otherwise provided for by law, be placed and remain in the custody of the collector or other principal officer of the customs of the district in which the seizure shall be made, to abide adjudication by the proper tribunal or other disposition according to law; and the.

So that the section will read:

SEC. 33. And be it further enacted, That all proceedings in regard to fines, penalties, and forfeitures by virtue of this act and not herein prescribed, shall be the same as are now provided by law in like cases; and all such fines, penalties, and forfeitures shall, after deducting all proper costs and charges, be disposed of and applied as provided for in the ninetyfirst section of the act entitled "An act to regulate the collection of duties on imports and tonnage," approved March 2, 1799.

Mr. JOHNSON. I ask the honorable member from Maine what is the object of striking that out. It provides that the goods seized shall remain in the possession of the collector. The provision seems to me to be a very wholesome one, and unless it is substantially covered by existing laws, one that ought to be adopted. It provides that the goods seized shall remain in the custody of the officer, to abide the decision of the court. That the committee propose to strike out. I should like to know from the member from Maine what are the reasons for striking it out.

Mr. MORRILL. My recollection of it is that it is stricken out because it does not happen to be relevant to this section, and is provided for in another section of the bill.

Mr. CLARK. We had better negative the amendment now, and that fact can be ascer tained when the bill comes in the Senate.

Mr. MORRILL. I have no objection to that course being taken.

The amendment was rejected.

The next amendment was in section thirtythree, line seventeen, after the word "when" to insert the word "any" and to strike out the letter "s" in the word " officers;" in line nineteen to strike out the word "make" and insert the words "furnish information to the collector leading to a ;" in line twenty to strike out the final "s in the word "seizures," and also to strike out the word "they" and insert "he;" and after the word "distribution" in line twenty-one to insert the words "with such collector, naval officer, or surveyor;" so that the proviso will read :

Provided, That when any officer of the customs, other than the collector, naval officer, or surveyor, shall furnish information to the collector leading to a seizure, he shall be entitled to an equal share of the distribution with such collector, naval officer, or surveyor.

The amendment was agreed to.

The next amendment was to insert at the end of section thirty-four the words "or steamboat inspector."

The amendment was agreed to.

The next amendment was to strike out the thirty-fifth section, in the following words:

SEC. 35. And be it further enacted, That in all cases in which the fees and emoluments received by any collector or other principal officer of the customs are, in the opinion of the Secretary of the Treasury, insufficient to afford a reasonable compensation for the services of such officer, after payment out of the same of reasonable incidental expenses of the office, the said Secretary may direct that so much of the said incidental expenses as shall seem to him to be just, shall be paid out of the appropriation for paying the expenses of collecting the revenue; and the said Secretary shall have the same power in regard to incidental expenses which have heretofore been incurred, and which have not been settled and paid into the Treasury; and all fees paid into the Treasury by custom officers shall be placed to the credit of the fund for defraying expenses of collecting the revenue from customs.

The amendment was agreed to.

The next amendment was in section thirtyseven, line one, to insert the word "any" before the word "person," and in line two to strike out the word "whatever;" so that the section will read:

SEC. 37. And be it further enacted, That if any person shall, directly or indirectly, at any time make or offer to make to any officer of the revenue, or to any other person or persons authorized by this act to make searches or seizures, any gratuity or present of money, or other thing of value, or give or offer any bribe or reward, of whatever nature, with intent to influence or induce such officer or other person or persons to do any act in violation of his or her or their official duty, or to refrain from doing anything which, under the law, it is or shall be his or her or their duty to do, every person so offending shall be liable to indictment, 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 conviction thereof, be fined not exceeding three times the amount so offered, promised, or given, and imprisoned in a penitentiary not exceeding three

years.

The amendment was agreed to.

The next amendment was in section forty, line three, after the word "bushels" to strike out the words, "may, at the discretion of the collector," and to insert the word "shall;" and in line four, after the word "measuring" to strike out the words "in which case" and insert the word "and;" so that the section will read:

SEC. 40. And be it further enacted, That for the purpose of estimating the duties on importations of grain, the number of bushels shall be ascertained by weight instead of measuring; and sixty pounds of wheat, fifty-six pounds of corn, fifty-six pounds of rye, forty-eight pounds of barley, thirty-two pounds of oats, sixty pounds of peas, and forty-two pounds of buckwheat, avoirdupois weight, shall respectively be estimated as a bushel.

The amendment was agreed to.

The next amendment was in section fortyone, line eight, to strike out the word "the" and insert the word "any" before the word "district," and after the word "judge" to insert the words, "of the United States;" so that the section will read:

SEC. 41. And be it further enacted, That in order to facilitate the execution of the provisions of the seventh section of the act entitled "An act to prevent and punish frauds upon the revenue, to provide for the more certain and speedy collection of claims in favor of the United States, and for other purposes,' approved March 3, 1863, relative to the seizure of invoices, books, and papers," any district judge of the United States may hereafter issue bis warrant or

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warrants and direct the same to any collector or collectors of the customs in whose respective districts any such invoices, books, or papers may be thought to be.

The amendment was agreed to.

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 everything that he had in his hands, and it

The next amendment was to strike out the might turn out upon a settlement that l.e had forty-second section, as follows:

SEC. 42. And be it further enacted, That section eleven of the act of March 3, 1863, last above mentioned, be, and the same is hereby, amended so as to read as follows, to wit: that there shall be taxed and paid to district attorneys two per cent. upon all moneys collected or realized in any suit or proceeding conducted by them respectively, in which the United States are a party, excepting cases of prize of war. The act in relation to costs, approved February 26, 1853, shall not apply to such allowances; and the said section eleven is hereby repealed.

The amendment was agreed to.

The next amendment was in section fortythree, line eight, to strike out the word "removed" and to insert "subject to be removed," and in line nine to insert the word "to" before the word forfeit;" so that the section will read:

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SEC. 43. And be it further enacted, That if any collector of the customs, or other officer or agent, shall neglect or refuse to comply with the provisions of the first section of the act entitled "An act requiring all moneys receivable from customs and from all other sources to be paid immediately into the Treasury, without abatement or reduction, and for other purposes," approved March 3, 1849, he shall be subject to be removed from office and to forfeit to the United States any share or part of the moneys withheld to which he might otherwise be entitled.

Mr. JOHNSON. I should like to know from the Senator having the bill in charge why the neglect or refusal to comply with the act referred to in this section should not lead to a removal at once instead of leaving it dependent on the Secretary whether he will remove or not where an officer has clearly violated his duty. Mr. MORRILL. We leave that to be judged of by the Secretary.

Mr. JOHNSON. I know you do. It is a very important provision as the law stands. The United States heretofore have lost an immense deal of money by moneys being retained by officers to meet possible suits against them. It is not necessary to mention names, but they have lost an immense deal of money in that way. In order to guard against that, a law was passed several years ago making it the duty of the officer, although threatened with suit, where moneys are paid under protest for duties alleged to be improperly exacted, to pay the money over to the Treasury at once. And if the suits terminated against him, then the Government paid it.

Mr. MORRILL. Suppose he had a good

excuse.

Mr. JOHNSON. What excuse can he have for not paying the money over? The provision in this section is that "if any collector of the customs, or other officer or agent, shall neglect or refuse to comply with the first section of the act"-that is the act that makes it an imperative duty upon them, a duty found necessary by the losses which the Government sustained, to pay the money over at once-"he shall be removed from his office." I cannot imagine what possible excuse there can be for not paying the money over, and if there be no excuse it is to be of itself conclusive as to his removal. Instead of that, if this amendment should be adopted, it is left discretionary with the Secretary to remove or not to remove.

Mr. MORRILL. He is liable to removal, of course, without any provision of law. He is entirely within the power of the President or the Secretary of the Treasury unless we should succeed in limiting the power of appointment or removal, which seems somewhat unlikely at present. The provision is but a qualified provision. He is always within the power of the Secretary. It is made imperative in the bill as introduced that he shall be removed upon the happening of a certain contingency, which can never be made absolutely certain. The very title of the act referred to shows that there is to be a discretion-"An act requiring all moneys receivable from customs and from all other sources to be paid immediately into the Treasury, without abatement or reduction,

money in his hands which he ought to have paid over. We supposed that instead of raaking 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 officer, 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 more than $1,000.

The amendment was agreed to.

The next amendment was in section fortysix, line four, after the word "five" 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 effectual 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.

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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 entitled "An act making appropriations for the civil and diplomatic expenses of the Government for the year 1841," approved March 3, 1841.

The amendment 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 provis ions 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 with the existing law on the subject. In the case of a foreign sea-going vessel arriving at one of the Atlantic ports, if the master fails to deliver in a true manifest, the articles which are not mentioned in the manifest are forfeited, but not the vessel, and the captain is subjected to a fine. But the third section provides for the search and examination of land craft, if I may use that term-railroad cars, engines, express-wagons, whatever it may be--and then proceeds to provide that if contraband goods are found on board, the vehicle, that is, the railway train or the express-wagon or whatever it may be, shall be subject to forfeiture. It appears to me there is no such inherent distinction between carriage by land and carriage by water as to authorize us to allow a vessel which brings in contraband goods to go free and at the same time to condemn a railroad train which should do precisely the same thing. I call the attention of the committee to it because it is possible they have some explanation which will satisfy myself and other Senators on this point. It appears to me that there ought to be a reasonable approximation to uniformity.

The PRESIDINGOFFICER, (Mr. POMEROY in the chair.) Does the Senator propose an amendment?

Mr. EDMUNDS. I do not.

Mr. MORRILL. I had an impression that the difficulty suggested by the Senator from Vermont was provided for in another section of the bill, but I am not certain that it is not provided for in the law as it stands, of which this is amendatory; and if so then it need not be provided for here. There have been several other suggestions of amendment made, and if it be the pleasure of the Senate I should be glad to have the bill lie over until to-morrow.

Mr. FESSENDEN. You had better have the amendments made in committee concurred in in the Senate, and then let it go over.

Mr. MORRILL. Is the bill in the Senate or in Committee of the Whole?

The PRESIDING OFFICER. In Committee of the Whole.

Mr. MORRILL. I should like to have the bill reported to the Senate, and such amendments as are not objected to concurred in, and then I should like to have the bill lie over until to-morrow for further consideration.

The bill was reported to the Senate as amended:

The PRESIDING OFFICER. The question now is on concurring in the Senate in the amendments made as in Committee of the Whole. The question will be taken on the amendments collectively, unless some Senator desires a separate vote.

Mr. CONNESS. I should like to have a separate vote on the amendment in the third line of the seventh section.

The PRESIDING OFFICER. That amendment will be excepted.

Mr. HOWE. I'desire a separate vote on the last amendment to the fourth section..

The PRESIDING OFFICER. That amendment will be reserved.

Mr. WILLIAMS. I ask for a separate vote upon the amendment striking out the nineteenth section.

The PRESIDING OFFICER. That amendment will be reserved.

If

Mr. HENDERSON. Some amendments have been made in the latter part of the thirtythird section which I think the Senator having charge of the bill had better look over. those amendments are concurred in now we may not be able to amend the section hereafter. I will therefore ask that the amendments to the proviso of the thirty-third section be excepted, and in the mean time the Senator from Maine can look into them.

Mr. MORRILL. I wish to have all the amendments in that section reserved, and also section thirty-five.

The PRESIDING OFFICER. Those amendments will be excepted. The question now is on concurring in the remainder of the amendments made as in Committee of the Whole.

The remainder of the amendments were concurred in.

The PRESIDING OFFICER. The Senator from Maine now moves that the further consideration of this bill be postponed until to

morrow.

Mr. MORRILL. I should like to have it made the special order for one o'clock if there be no objection.

Mr. CLARK. It will come up as the unfinished business.

Mr. MORRILL. Very well then ; I will not make the motion to postpone, but let it come up as the unfinished business to-morrow.

EXECUTIVE SESSION,

Mr. WILSON. I move that the Senate proceed to the consideration of executive business. The motion was agreed to; and after some time spent in executive session, the doors were reopened, and the Senate adjourned.

HOUSE OF REPRESENTATIVES.
MONDAY, May 14, 1866.

by the Chaplain, Rev. C. B. BOYNTON.
The House met at twelve o'clock m. Prayer
The Journal of Thursday last was read and
approved.

The SPEAKER. This being Monday, the first business in order is the call of States and Territories for bills on leave and joint resolutions, to be referred to appropriate committees, and not to be brought back by a motion to reconsider.

RECONSTRUCTION REPORT.

Mr. LE BLOND. I offer the following concurrent resolution, on which I demand the previous question:

Resolved, (the Senate concurring.) That the report of Major General J. B. Steedman and Brigadier General J. F. Fullerton, dated May 7, 1866, be, and the same is hereby, ordered to be incorporated in and published with the testimony taken by the joint committee on reconstruction, together with such other reports as they may from time to time make in pursuance of the commission under which they are acting.

Mr. WASHBURNE, of Illinois. Must not this resolution, being presented under this call, be referred to a committee? The SPEAKER. It must, under the rule. Mr. LE BLOND. Then I withdraw the resolution.

CANAL COMPANY IN CALIFORNIA.

Mr. HIGBY introduced an act granting the right of way and making a grant of land to the Sierra Nevada and Contra Costa Irrigation and Canal Company in the State of California; which was read a first and second time, and referred to the Committee on Public Lands.

BRIGADIER GENERAL GEORGE WRIGHT.

Mr. BIDWELL introduced a bill for the relief of the representatives of the late Brigadier General George Wright, United States Army; which was read a first and second time, and referred to the Committee on the Judiciary.

PUEBLO LANDS.

Mr. BIDWELL also introduced a bill to quiet the title to the Pueblo lands of the town of Santa Barbara; which was read a first and second time, and referred to the Committee on Private Land Claims.

MAIL STEAMSHIPS ON THE PACIFIC. Mr. BIDWELL introduced a bill to authorize ted States and the Sandwich Islands; which ocean mail steamship service between the Uniwas read a first and second time, and referred to the Committee on the Post Office and Post Roads.

TELEGRAPH LINE AT THE WEST.

Mr. CLARKE, of Kansas, introduced a biil to amend an act entitled "An act to amend an act entitled 'An act to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the Government the use of the same for postal, military, and other purposes,' approved July 1, 1862," approved July 2, 1864; which was read a first and second time, and

referred to the Committee on the Pacific Railroad.

AGRICULTURAL COLLEGES.

Mr. DONNELLY introduced a bill to amend an act donating public land to the several States and Territories which may provide colleges for the benefit of agricultural and mechanic arts, approved July 2, 1862; which was read a first and second time, and referred to the Committee on Public Lands.

CONSOLIDATION OF INDIAN TRIBES.

Mr. COLLOM introduced a bill for the consolidation of the Indian tribes, and to establish civil government in the Indian territories; which was read a first and second time, and referred to the Committee on Indian Affairs.

The SPEAKER proceeded, as the next business in order, to call the States and Territories for resolutions, commencing with the State of Pennsylvania, where the call rested last Monday, proceeding in the inverse order.

TENURE OF OFFICE.

Mr. WILLIAMS offered the following resolution, and demanded the previous question thereon:

Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of so altering the law as to abrogate the tenure of office at the pleasure of the appointing power, wherever the same now exists, and to make all official trusts determinable at times certain, subject only to the condition of good behavior, with leave to report by bill or otherwise.

The previous question was seconded, and the main question ordered.

Mr. LE BLOND. If I. understand it, this resolution embraces the principle which was added to the Post Office bill in the Senate. If so I intend to move to lay it on the table. The SPEAKER. It is only a resolution of inquiry.

Mr. LE BLOND. Very well.

The resolution was agreed to.

ADDITIONAL SECRETARY OF THE NAVY.

Mr. STEVENS introduced the following joint resolution; which was read a first and second time:

Resolved by the Senate and House of Representatives, &c., That an additional Secretary of the Navy shall be appointed whose commission shall expire at the end of six months from the 1st day of June next.

Mr. STEVENS. I will merely state that it is necessary to send a Secretary of the Navy abroad, and during the time that he is abroad it is necessary that another should be appointed. I call the previous question.

Mr. SPALDING. I wish the gentleman would explain the necessity for the passage of this resolution.

Mr. STEVENS. The Department find it necessary to send a Secretary abroad on account of some examination of navies and navyyards in foreign countries, and by the peculiar law appointing an Assistant Secretary of the Navy, different from the others, in the absence or sickness of the head of the bureau the Assistant Secretary becomes the Secretary of the Navy pro tempore. It is necessary, therefore, to have one on the spot. I have limited the duration of the term to six months, so that under no circumstances shall it exceed the time when the man who is sent abroad shall return.

Mr. SPALDING. Allow me to say a word. I understood some time ago that the present Assistant Secretary of the Navy proposed to resign, and it was said that he had sent in his resignation. And now I understand that he proposes a tour to Europe, and that for his accommodation, he holding the office and receiving the pay of first Assistant Secretary of the Navy, we are called upon to make a second Assistant Secretary of the Navy.

Mr. STEVENS. I have stated what the head of the Department said. I know nothing more. He has not the time to go, and it was thought proper to have another appointed. I trust the gentleman will not object to it. It is but for six months.

Mr. SPALDING. I hope this House will hesitate before it gives its

Mr. STEVENS. I demand the previous question.

The previous question was seconded, and the main question ordered.

The joint resolution was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time.

Mr. SCHENCK. I want to hear that joint resolution read again. I wish to know if this provides for another Assistant Secretary of the Navy in addition to the one who is to travel. Mr. STEVENS. Yes, sir.

Mr. SCHENCK. Then I hope the joint resolution will not be passed.

Mr. STEVENS. I have no objection to the joint resolution being referred to the Committee on Naval Affairs.

upon

Mr. HARDING, of Illinois. I move to lay the joint resolution the table. Mr. STEVENS. hope it will go to the Committee on Naval Affairs by common con

sent.

Mr. HARDING, of Illinois. Well, I withdraw my motion.

The joint resolution was then referred to the Committee on Naval Affairs.

Mr. PIKE. I ask that the Committee on Naval Affairs have leave to report at any time. Mr. SPALDING. I object; and I move to reconsider the vote by which the joint resolution was referred, and also move to lay the motion to reconsider upon the table.

The latter motion was agreed to.

THE MEMPHIS RIOT.

Mr. STEVENS introduced the following resolution, upon which he demanded the previous question:

Resolved, That a committee of three members be appointed by the Speaker, whose duty it shall be to proceed, without unnecessary delay, to Memphis, in the State of Tennessee, to make an investigation into all matters connected with the recent bloody riots in that city, which began on the 1st instant, and particularly to inquire into the origin, progress, and termination of the riotous proceedings, the names of the parties engaged in it, the acts of atrocity perpetrated, the number of killed and wounded, the amount and character of the property destroyed, and report all the facts to the House; and the Sergeantat-Arms or his deputy, and the stenographer of the House, are directed to accompany said committee; and that all the expenses of this investigation be paid out of the contingent fund of the House. The said committee shall have power to send for persons and papers, and examine witnesses under oath.

Mr. CHANLER. It seems to me that this is a matter which belongs to the executive department of the Government. At the same time, I do not wish to object to action being taken by the House.

The SPEAKER. The gentleman from Pennsylvania [Mr. STEVENS] offers the resolution; it is now before the House, and he calls the previous question upon it.

Mr. HARDING, of Illinois. I desire to move an amendment to the resolution, so that it shall extend to transactions at Chattanooga, where a few citizens were murdered.

Mr. STEVENS. Let the proposed amendment be read.

The amendment proposed by Mr. HARDING, of Illinois, was read, as follows:

Whereas it is publicly reported and believed that lately at Chattanooga and Memphis many inoffensive citizens of the United States were murdered, and that the portions of the Army of the United States at those points are seriously compromised in respect to good conduct in both cases: Therefore,

Resolved, That the Committee on Military Affairs be requested to inquire into and report to this House what was the conduct of the United States officers and troops in reference to the cases mentioned, and to inform this House whether the country may rely upon the Army to aid in the protection of the rights of the people, and what legislation is necessary, if any; and that the committee have power to send for persons and papers.

The SPEAKER. The amendment is scarcely germane to the pending resolution.

Mr. HARDING, of Illinois. I withdraw the amendment.

Mr. STEVENS. I insist on the demand for the previous question.

Mr. CHANLER. Inasmuch as I know that the gentleman from Pennsylvania, with his usual skill, will carry this measure in spite of

all opposition, I ask him to enlarge the powers of the committee, so that the inquiry shall extend to an examination of circumstances of a similar character whereby the lives of American citizens, including American troops, have been put in jeopardy by the Indians.

of that bureau to bring in a bill to repeal all acts and parts of acts inconsistent with this resolution.

Mr. SCHENCK. I rise to a question of order. My point of order is that there is an insolent attack upon Congress contained in the first resolution moved by the member from New York, [Mr. CHANLER,] for which he deserves to be dealt with by the House.

The SPEAKER. The Chair cannot rule these resolutions out of order upon the ground

Mr. STEVENS. I should be very glad to accommodate the gentleman from New York, [Mr. CHANLER.] But his proposition covers so much ground that I am afraid one committee will not be able to conclude the investiga-stated by the gentleman from Ohio, [Mr. tion. I will very cheerfully vote for any resolution to send the member who chooses to move it on such an investigation. At present, I must call the previous question.

Mr. CHANLER. I ask the attention of the gentleman from Pennsylvania [Mr. STEVENS] for one moment. I know he is a universal philanthropist, and has heretofore extended his Why philanthropy over all the colored race. not extend it over all those who have suffered any violence or wrong? Why not include the recent murder in Pennsylvania

Mr. WASHBURNE, of Illinois. I call the gentleman to order; the previous question has been called.

The SPEAKER. Debate is not in order. The previous question was seconded and the main question was ordered.

Mr. ELDRIDGE. I call the yeas and nays on the passage of the resolution."

The yeas and nays were ordered. The question was taken; and it was decided in the affirmative-yeas 87, nays 22, not voting 74; as follows:

YEAS Messrs. Alley, Allison, Ames, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Baxter, Benjamin, Bidwell, Bingham, Blaine, Blow, Boutwell, Bromwell, Broomall, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Cullom, Darling, Davis, Dawes, Defrees, Delano, Deming, Donnelly, Dumont, Eckley, Eggleston, Farnsworth, Ferry, Garfield, Abner C. Harding, Hart, Hayes, Henderson, Higby, Holmes, Hooper, Asahel W. Hubbard, Demas Hubbard, John H. Hubbard, James R. Hubbell, Hulburd, Jenckes, Julian, Kasson, Kuykendall, Laflin, William Lawrence, Loan, Longyear, Lynch, McKee, Mercur, Miller, Moorhead, Morrill, Orth, Paine, Patterson, Perham, Pike, Plants, William H. Randall, Alexander H. Rice, Rollins, Rousseau, Sawyer, Schenck, Stevens, Van Aernam, Burt Van Horn, Ward, Warner, Elihu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, Williams, James F. Wilson, Windom, and Woodbridge-87.

NAYS-Messrs. Bergen, Chanler, Dawson, Denison, Eldridge, Finck, Goodyear, Grider, Aaron Harding, Kerr, Latham, Le Blond, Niblack, Ritter, Rogers, Ross, Shanklin, Sitgreaves, Spalding, Strouse, Taber, and Trimble-22.

NOT VOTING-Messrs. Ancona, Anderson, Barker,
Beaman, Boyer, Brandegee, Buckland, Bundy, Cof-
froth, Culver, Dixon, Dodge, Driggs, Eliot, Farquhar,
Glossbrenner, Grinnell, Griswold, Hale, Harris, Hill,
Hogan, Hotchkiss, Chester D. Hubbard, Edwin N.
Hubbell, James Humphrey, James M. Humphrey,
Ingersoll, Johnson, Jones, Kelley, Kelso, Ketcham,
George V. Lawrence, Marshall, Marston, Marvin,
McClurg, McCullough, McIndoe, McRuer, Morris,
Moulton. Myers, Newell, Nicholson, Noell, O'Neill,
Phelps, Pomeroy, Price, Radford, Samuel J. Randall,
Raymond, John H. Rice, Scofield, Shellabarger,
Sloan, Smith, Starr, Stilwell, Taylor, Thayer, Francis
Thomas, John L. Thomas, Thornton, Trowbridge,
Upson, Robert T. Van Horn, Wentworth, Whaley,
Stephen F. Wilson, Winfield, and Wright-74.
So the resolution was agreed to.

Mr. STEVENS moved to reconsider the vote by which the resolution was agreed to; and also moved to lay the motion to reconsider on the table.

The latter motion was agreed to.

Mr. STEVENS. I desire to say at this time that I hope I will be excused from serving on the select committee just ordered, as the distance is rather further than I can conveniently travel.

APPROVAL OF THE PRESIDENT.

Mr. CHANLER submitted the following resolutions, upon which he called the previous question:

Resolved, That the independent, patriotic, and constitutional course of the President of the United States, in seeking to protect by the veto power the rights of the people of this Union against the wicked and revolutionary acts of a few malignant and mischievous men meets with the approval of this House and deserves the cordial support of all loyal citizens of the United States.

Resolved, That this House believes the Freedmen's Bureau unnecessary and unconstitutional, and hereby directs the chairman of the committee having charge

SCHENCK.] It is a question for the House to determine whether the resolutions are unworthy the members of this House.

Mr. SCHENCK. It seems to meThe SPEAKER. The gentleman from Ohio [Mr. SCHENCK] will suspend until the Chair shall have concluded his statement.

The argument of the gentleman from Ohio goes to the votes of members as to whether they will agree or disagree to the resolution. It does not touch the question of parliamentary law.

Mr. SCHENCK. Is it in order to move that the resolutions be rejected?

The SPEAKER. The question of agreeing or disagreeing to the resolution will determine that. If the resolution is not agreed to it is rejected.

Mr. STEVENS. I raise the question of reception.

The SPEAKER. The Clerk will read the forty-first rule, under which the question of reception is raised by the gentleman from Pennsylvania, [Mr. STEVENS.]

The Clerk read as follows:

"When any motion or proposition is made, the question, 'Will the House now consider it?' shall not be put unless it is demanded by some member or deemed necessary by the Speaker."

Mr. ROGERS. I move to lay the resolu tion on the table.

The SPEAKER. It is not yet before the House.

The question was upon considering the resolution at this time.

Mr. CHANLER. Upon that question I call the yeas and nays.

was

The yeas and nays were ordered. The question was taken; and it decided in the negative-yeas 19, nays 84, not voting 80; as follows:

YEAS-Messrs. Bergen, Chanler, Denison, Eldridge, Finck, Goodyear. Grider. Aaron Harding, Kerr, Le Blond, Niblack, Ritter, Rogers, Ross, Shanklin, Sitgreaves, Strouse, Taber, and Trimble-19.

NAYS-Messrs. Alley, Allison, Ames, Delos R. Ashley, James M. Ashley, Baker, Baldwin, Banks, Baxter, Benjamin, Bingham, Blaine, Blow, Boutwell, Bromwell, Broomall, Bundy, Reader W. Clarke, Sidney Clarke, Cobb, Conkling, Cook, Callom, Darling, Dawes, Dawson, Defrees, Deming, Donnelly, Dumont, Eggleston, Farnsworth, Ferry, Garfield, Abner C. Harding, Hart, Hayes, Henderson, Higby, Holmes, Hooper, Asahel W. Hubbard. Chester D. Hubbard, John H. Hubbard, James R. Hubbell, Hulburd, Jenckes, Julian, Kasson, Laflin, George V. Lawrence, William Lawrence, Loan, Longyear, Lynch, MeKce, Mercur, Miller, Moorhead, Morrill, Orth, Paine, Patterson, Perham, Pike, Plants, Alexander H. Rice, Rollins, Sawyer, Schenck, Spalding. Stevens, Van Aernam, Burt Van Horn, Ward, Warner, Elihu B. Washburne, Henry D. Washburn, William B. Washburn, Welker, Williams, James F. Wilson, Windom, and Woodbridge-84.

NOT VOTING-Messrs. Ancona, Anderson, Barker, Beaman, Bidwell, Boyer, Brandegee, Buckland, Coffroth, Culver, Davis, Delano, Dixon, Dodge, Driggs, Eckley, Eliot, Farquhar, Glossbrenner, Grinnell, Griswold, Hale, Harris, Hill, Hogan, Hotchkiss, Demas Hubbard, Edwin N. Hubbell, James Humphrey, James M. Humphrey, Ingersoll, Johnson, Jones, Kelley, Kelso, Ketcham, Kuykendall, Latham, Marshall, Marston, Marvin, McClurg, McCullough, McIndoe, McRuer, Morris, Moulton, Myers. Newell, Nicholson, Noell, O'Neill, Phelps, Pomeroy, Price, Radford, Samuel J. Randall, William II. Randall, Raymond, John H. Rice, Rousseau, Scofield, Shellabarger, Sloan, Smith, Starr, Stilwell, Taylor, Thayer, Francis Thomas, John L. Thomas, Thornton, Trowbridge, Upson, Robert T. Van Horn, Wentworth, Whaley, Stephen F. Wilson, Winfield, and Wright-80. So the House refused to consider the resolution.

Mr. SCHENCK. Mr. Speaker, a question of privilege, I believe, would not be in order at this time.

The SPEAKER. Not until the expiration of the morning hour.

Mr. SCHENCK. I give notice, then, that so soon as I can have the opportunity I shall

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