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cow, fuel to an amount not greater in value than M. Humphrey, Ingersoll, Johnson, Jones, Kasson, Mr. CULLOM. I move to amend by adding twenty-five dollars; provisions to an amount not Kelley, Kelso, Ketcham, Latham, Le Blond, Marvin,
after the word “notification," in line three greater than fifty dollars; household furniture kept McClurg, McCullough, McIndoe, McRuer, Morris, for use, to an amount not greater than three hundred Moulton. Myers, Newell, Nicholson, Noell, O'Neill,
hundred and sixty-six, the following: dollars; and books, tools, or implements of a trade Phelps, Pomeroy, Radford, Samuel J. Randall, Ray- And shall send a copy of such notice by mail to or profession to an amount not greater than one hun- mond, Alexander H. Rice, John H. Rice, Rogers,
each postmaster in the county to be posted up in his dred dollars.
Rousseau, Scofield, Shellabarger, Sloan, Sinith, Starr, office.
Strouse, Taylor, Thayer, Francis Tbomas, John L. Mr. MORRILL. I move to amend by add
Thomas, Thornton, Trowbridge, Upson, Robert T. Mr. MORRILL. We have already voted ing in line three hundred and eighty, after the Van Horn, Wentworth, Whaley, Winfield, and Wright. down that amendment once or twice before, word “duties," the words "
The committee then rose; and the Speaker and I hope it will not be adopted now. The amendment was agreed to. having resumed the chair, Mr. WASHBURNE, of
Mr. CÚLLOM. I do not understand that Mr. MORRILL. I move to amend by strik- || Illinois, reported that the Committee of the this amendment has been voted down. ing out in lines four hundred and seventy-five Whole on the state of the Union had had under Mr. COOK. I desire to say that this amendand four hundred and seventy-seven the words consideration the special order, being bill of the ment was put in in relation to the notices to rior tender thereof."
House No. 513, to amend an act entitled "An be given by the assessors, and now it is simply The amendment was agreed to.
act to provide internal revenue to support the a question of giving notice when the taxes are Mr. MORRILL. I move to amend by strik- Government, to pay interest on the public debt, to be paid or not giving such notice. The hill ing out lines four hundred and seventy-eight, and for other purposes," approved June 30, || provides that notice shall be given by adverfour hundred and seventy-nine, four hundred 1864, and acts amendatory thereof, and finding tisement in one newspaper and at four other and eighty, and four hundred and eighty-one,
itself without a quorum had directed the roll to public places in the district. A large majority as follows:
be called and the names of the absentees to be of the tax-payers, under that arrangement, get Such fee for levying, and such sum for the neces- reported to the House.
no notice at all. If this amendment should be sary and reasonable expense of reinoving, advertis- The SPEAKER stated that a quorum having || adapted a large majority of the tax-payers will ing, and keeping the goods, chattels, or effects so dis- answered to their names, the committee would
get notice. trained, as may be prescribed by the Commissioner of Internal Revenue. resume its session.
I wish to call the attention of the committee The committee then resumed its session, to the fact that a large part of the irritation And inserting in lieu thereof the words "the
(Mr. WASHBURNE, of Illinois, in the chair.) caused by this tax grows out of the fact that fee and other charges;'' so that the clause will read:
The question recurred on the amendment tax- -payers are compelled to pay costs through moved by Mr. GARFIELD.
not having received notice. I trust this amend. Provided, That in any case of distraint for the Mr. ASHLEY, of Ohio. I withdraw my ment will
be adopted. I insist that it is only a payment of the duties or taxes aforesaid, the goods, chattels, or effects so distrained shall and may be demand for tellers.
question between giving notice and not giving restored to the owner or possessor, if prior to the sale The amendment was then agreed to.
notice. payment of the amount due shall be made to the proper officer charged with the collection of the full
Mr. MORRILL. I move to strike out in Mr. MORRILL. If gentlemen will read the amount demanded, together with the fee and other lines four hundred and sixty-eight and four
section a little further on they will see that the charges. hundred and sixty-nine the words, “or sup
evilthey apprehend cannot possibly occur. This The amendment was agreed to. posed to contain,
refers to the general notice published in the Mr. MORRILL. I move to amend by strik- The amendment was agreed to.
newspapers. But if the tax-payers neglect to ing out the words or tender” in the four hun. Mr. BENJAMIN. I move to amend by
pay after that notice they receive within ten dred and eighty-second line; also, by striking || adding to the paragraph, at the end of line
days a personal notice. Certainly gentlemen out in the four hundred and eighty-sixth line | four hundred and ninety-seven, the following:
will not require that they shall receive two perthe words necessary and reasonable
sonal notices. expenses
And the officers making the distraint shall summon of," and inserting in lieu thereof the words
Mr. COOK. They have to pay the cost of three disinterested householders of the vicinity, who "fee and charges for;" so that the clause will shall appraise and set apart to the owner the amount
that subsequent notice. read: of property herein declared to be exempt.
Mr. CULLOM. I would ask the gentleman But in case of non-payment, as aforesaid, the said A certain amount of property being declared
from Vermont what particular objection he has officers shall proceed to sell the said go chattels, exempt, I do not see in the bill any means of
to the insertion of this clause. I suppose that or effects at public auction, and shall retain from the
the failure of the collector to send notices to the
The proceeds of such sale the amount demandable for the
ascertaining the amount so declared. use of the United States, with the fee and charges for owner of the property and the collector per
various postmasters would not cheat the Gordistraint and sale, and a commission of five per haps differ as to the value of certain articles
ernment out of any taxes at all. It is simply cent. thereon for his own use, rendering the overplus, if any there be, to the person who may be entithat are exempt. It seems to me there should
a duty enjoined on collectors for the purpose tled to receive the same. be some umpire to decide the matter.
of getting the information among the people The amendments were agreed to.
Mr. MORRILL. I see no objection to the
who have taxes to pay, so that they may have amendment. Mr. MORRILL. I move further to amend
The whole exemption I regard
a further opportunity of being notified of the by adding after the word "arms” in line four as a mere matter of form. It is not likely that
time when their taxes are to be paid. It is a
matter of very little labor and expense, and it hundred and ninety-two, the words “for per
a case will ever occur where a person liable to sonal use. any national taxes will not have a greater
will certainly, in the rural districts of the counThe amendment was agreed to. amount of property than is exempted.
try, enable a great many men to learn that they Mr. JENCKES. I suggest instead of the
are called upon to pay their taxes at a particuMr. GARFIELD. I move to strike out the officer making the distraint that he may call
lar time, when they would not, perhaps, know following in lines three hundred and fifty-eight, upon the assessor of the district to make the
it otherwise. three hundred and fifty-nine, and three hundred and sixty : appointment of the appraisers.
Mr. MORRILL. The gentleman asks what Mr. MORRILL. That is better.
particular objection I have to the adoption of In one newspaper printed in such county, if any Mr. BENJAMIN. I accept the modifica
this amendment. It is this: that it imposes such there be, or otherwise in some newspaper in any tion.
very heavy increased duties
the assessors, adjacent county, And to insert in lieu thereof the following:
The amendment, as modified, was agreed to.
and that it would be necessary for each assistMr. WASHBURN, of Indiana. I move to
ant assessor at least to provide himself with In the newspaper of largest circulation printed in such county, if there be any, and if not, then in the strike out the last proviso, as follows:
a copy of the Post Office book containing all the
post offices in the United States, in order that newspaper of largest circulation in the nearest ad- Provided further, That there shall be exempt from joining county. distraint the school-books and apparel necessary for
he might be enabled to send notices to the difThe clause will then read:
a family; also arms for personal use, one cow, fuel ferent post offices in his district. In my own
to an amount not greater in value than twenty-five district, forinstance, not less than two hundred That each of said collectors shall, within twenty dollars, provisions to an amount not greater than days after receiving his annual collection list from fifty dollars, household furniture kept for use to an
such notices would be required, and in some the assessors, give notice, by advertisement published
amount not greater than three hundred dollars, and of the large districts in the West there would in each county in his collection district, in the news- books, tools, or implements of a trade or profession paper of largest circulation printed in such county,
be even more required. Besides, the notices if there be any, and if not, then in the newspaper of to an amount not greater than one hundred dollars.
in such places would be never seen or heard of. largest circulation in the nearest adjoining county.
And to insert in lieu thereof the following: Mr. ALLISON. I would like to ask the The question being put, no quorum voted.
Provided further, That there shall be exempt from gentleman from Illinois [Mr. CULLOM) whose
distraint such property as the tax-payer may select, Mr. ASHLEY, of Ohio, demanded tellers. not exceeding five hundred dollars in value.
duty it would be to post up these notices which Tellers were ordered; and the Chairman ap
he proposes to send
to all the postmasters. pointed Messrs. Ashley,of Ohio, and GARFIELD.
The object of my amendment is to give to Mr. CULLOM. The postmasters can do it. The committee divided; and the tellers re
the tax-payer a choice of property that he may Mr. ALLISON. Suppose they do not do it. ported—ayes 51, noes 15; no quorum voting:
wish to have excepted from distraint. If he The CHAIRMAN. “Debate is exhausted on The CHAIRMAN, under the rule, ordered
wishes to exempt a horse or a hundred dol- the amendment. that the roll should be called.
lars' worth of books or any other kind of The question was put; and there were-ayes The roll was accordingly called; and the property, he may do so, having the right of
25, noes 13; no quorum voting. selection for himself. following members failed to answer to their
Tellers were ordered; and Messrs. MORRILL Mr. MORRILL. I hope it will not be and
Cullom were appointed. adopted. Messrs. Alley, Ancona, Anderson, Delos R. Ashley,
The committee divided ; and the tellers Banks, Beaman, Boyer, Brandegee, Bromwell, Buck- The question being taken, there were-ayes reported-ayes forty-eight, noes not counted. land, Bundy, Sidney Clarke, Coffroth, Culver, Delano, 13, noes 47.
So the amendment was agreed to.
Mr. WASHBURN, of Indiana, withdrew the Mr. CHANLER. I would like to draw the Hill, Edwin N. Hubbell, James Humphrey, James amendment.
attention of the chairman of the Committee of
Ways and Means, who has this bill in charge, to a case of great oppression which has arisen.
The CHAIRMAN. Does the gentleman offer an amendment?
Mr. CHANLER. Yes, sir; I have an amendment to offer. I move to insert before the last proviso in this paragraph the following:
And that the assessor of each district shall at stated periods make a full and accurate report over his own signature, duly sworn to before a notary public, of all articles seized and held by him as forfeited for violations of this act by any person or persons, that such report shall specify the names of the owners of the articles so seized, together with the valuo of the same, and the particular section or sections of this act violated by such person or persons, whereby the said articles were forfeited to the Government; and such reports shall be addressed to the chief of the Bureau of Internal Revenue on the first of every month.
The object of this amendment is simply to authorize and require the assessor of each district to make a report to the chief of the Bureau of Internal Revenue in this city of all articles seized by him as forfeited under the la w for violations of the internal revenue act.
Let me state a case that came under my observation, and in reference to which I made application for relief to the head of the bureau, with whom I had a conversation, which has led me to offer this amendment. A liv. ery-stable keeper in good faith hired a horse and wagon to some persons to him unknown. Those persons left the city of New York and went over into the State of New Jersey. On the other side of the river they got possession of some boxes of cigars, not stamped or marked, and began to peddle them. The consequence was they were arrested by the authorities, and the horse and wagon belonging to the citizen of New York were seized and held by the assessor. The case was brought to my notice, and I applied to the bureau for relief. I asked the chief if it was optional for the assessor to seize, hold, and sell that horse and wagon belonging to an innocent party, and there was no redress. The answer of the chief of the bureau, as I understood it, was that there was no redress; and therefore I have offered this amendment.
If gentlemen will give their attention, I will state that they will find that by my amendment the assessor is called upon to make a return monthly to the head of the bureau of the articles seized by him, giving the value of each article and the name of the person from whom it has been seized; and thereby persons whose property has been seized can obtain ready redress, if they are entitled to it, from the only place where the law permits them to obtain relief.
I hope my amendment will meet with the approval of the chairman of the Committee of Ways and Means, [Mr. Morrill;] or, if it does not, that he will at least explain that it is not necessary under the law.
Mr. MORRILL. I do not, perhaps, fully understand the amendment of the gentleman from New York, Mr. CHANLER,] as I was unable to hear it all when it was read at the Clerk's desk. But so far as I do understand it, I am opposed to it, and hope it will not be adopted, for I think the public notice in the courts where cases of forfeiture are tried is sufficient, and where certainly all the persons who are interested would learn the cause of such forfeiture.
Mr. CHANLER. Will the gentleman from Vermont (Mr. Morrill] allow me to ask him if there is any provision in the law regulating the internal revenue to enable the citizen, whose property has been seized by the assessor, to obtain speedy redress from the supe. rior of that officer? As the law now stands, is not the person whose property has been seized completely at the mercy of the assessor? And is it not due to the citizen that he should have some means provided by which his property can be released if he is an innocent party? Does the law provide any such means now? I understand that the gentleman does not know, and still he opposes a good, sound remedy because he individually does not know whether that is the law or not. It certainly
cannot injure the law to put into it a provision || ted the following resolution; which was read,
chasing from George W. Paschal, Esq., his copyright
in a limited number of his edition of the Constitution obtain speedy relief if entitled to it.
of the United States, with his notes of judicial and The question was taken on the amendment legislative decisions thereon, together with the copiof Mr. CHANlEr, and upon a division there
ous index thereto; and that said committee report
by bill or otherwise.
Mr. DAVIS moved that the House adjourn.
The motion was agreed to; and thereupon rise. The motion was agreed to.
(at fifty minutes after three o'clock p. m.) the
the rule and referred to the appropriate committees:
By Mr. BOUTWELL: The petition of William H. the House No. 513, to amend an act entitled
Wood, and others, of Baltimore, Maryland, and "An act to provide internal revenue to sup- Charles C. Sewall, and others, of Medfield, Massachuport the Government, to pay interest on the
sctts, in favor of a Bureau of Education. public debt, and for other purposes," approved
By Mr. BROOMALL: The petition of citizens of
Delaware county, Pennsylvania, praying for such June 30, 1864, and acts amendatory thereof, change in the internal revenue and tariff laws as and had come to no conclusion thereon.
shall enable the manufacturers of the United States
to compete with those of other countries with success. ENROLLED BILL SIGNED.
By Mr. COOK: The petition of citizens of Grundy
county, Illinois, for protection for American wool. Mr. TROWBRIDGE, from the Committee
By Mr. CLARKE, of Ohio: The petition of Jonaon Enrolled Bills, reported that they had than Palmer, and others, citizens of Clermont county, examined and found truly enrolled Senate bill
Ohio, praying for a modification of the tax on com
mon tobacco. No. 310, to change the place of holding the By Mr. DONNELLY: A petition signed by citcourts of the United States for the northern izens of Alexandria, Douglas county, Minnesota, for district of Mississippi; when the Speaker signed
the establishment of a new land district in Minnesota, the same.
with the office at Alexandria.
By Mr. EGGLESTON: The petition of Colonel H. DIRECT TAX IN INSURRECTIONARY STATES.
L. Burnett, and others, citizens of Ohio, praying for
the passage of a law to equalize bounties to soldiers Mr. GARFIELD, by unanimous consent,
and sailors and to increase the rate of pensions. submitted the following resolution ; which was
By Mr. HART: The petition of banks and bankers
of Rochester, New York, asking for an extension of read, considered, and agreed to:
the time fixed by law for the taxation of ten per cent. Resolved, That the Committee of Ways and Means
on the circulation of State banks. be instructed to inquire whether any further legisla
By Mr. HIGBY: The memorial of Martha A. Estill, tion is necessary in reference to the collection of the
asking the payment of a claim against the Governdirect tax in the States lately in rebellion.
By Mr. HUBBARD, of New York: The petition of PURCHASE OF PUBLIC LANDS.
numerous citizens of the village of Norwich, in the
county of Chenango, New York, for a mail route from On motion of Mr. STEVENS, Senate bill
said village to the village of Sidney Plains, in the No. 203, entitled “ An act to enable the New county of Delaware. York and Montana Iron Mini and Manufac.
By Mr. LAWRENCE, of Pennsylvania: The peti
tion of citizens of Washington county, Pennsylvania, turing Company to purchase a certain amount
for an increase of duties on foreign wool. of the public lands not now in the market," By Mr. PAINE: The remonstrance of Frank Abwas taken from the Speaker's table, read a
bott, and others, citizens of Marquette county, Wis
consin, against the change of the route of a certain first and second time, and referred to the Com- land-grant railroad therein named. mittee on Public Lands.
By Mr. PERHAM: The petition of James L. Per
ham, for a pension. COMMITTEE ON TERRITORIES.
Also, the petition of Mrs. Nancy Bills, for compenMr. ASHLEY, of Ohio, by unanimous con
sation for destruction of property by order of United
an increase of duty on imported cigars.
Tuesday, May 15, 1866.
Prayer by the Chaplain, Rev. E. H. GRAY.
The Journal of yesterday was read and The report was laid on the table, and ordered to be printed.
The PRESIDENT pro tempore laid before
the Senate a communication from the Postduced a bill to improve the navigation of the
master General, transmitting, in compliance Illinois river; which was read a first and sec
with a resolution of the Senate of the 10th ond time, and referred to the Committee on Commerce.
instant, a copy of a letter from D. L. Yulee,
formerly chairman of the Committee on Post LEAVE OF ABSENCE.
Offices and Post Roads, to the Post Office The SPEAKER asked leave of absence for Department, dated January 9, 1860, inquiring ten days for Messrs. UPSON and TROWBRIDGE. as to the effect of legislative action in increasLeave was granted.
ing the pay of mail contractors, &c., and a MAIL COMMUNICATION WITH BRAZIL, copy of the reply of the Postmaster General Mr. ALLEY, by unanimous consent, sub
thereto; which, on motion of Mr. Ramsey,
was referred to the Committee on Post Offices mitted the following resolution; which was read, considered, and ayreed to:
and Post Roads, and ordered to be printed. Resolved, That the Postmaster General berequested
RECONSTRUCTION. to report to this House the conditions of the contract
Mr. FESSENDEN. Before the Senate promade for the transportation of the mails between the United States and Brazil, and to state whether such ceeds with the regular business of the day, I conditions have been complied with by the company wish to say a word in reference to the report contracting to perform such service, and whether the steamships employed have been such as were required
of the committee on reconstruction, or rather by the law authorizing the service; also, to state
the joint resolution which has been passed by whether the Department has any information of the the House of Representatives, and is now upon contract having been assented to and executed by the Brazilian Government, and further directing that no
the table of the Senate, reported by that comamount of the subsidy be paid unless the contract
mittee. Many inquiries have been made of has been fully complied with on the part of the com- me by gentlemen as to when I proposed to call pany and duly assented to by the Brazilian Govern
up the resolution which has been passed by ment, as required by the act authorizing the service.
the other House, for action here. “I desire PASCHAL'S EDITION OF THE CONSTITUTION.
now to state that I have consulted, informally, Mr. COOK, by unanimous consent, submit. the members of the reconstruction committee
on the part of the Senate, and we have come to the conclusion that we shall ask the Senate to proceed to the consideration of that resolution on Monday next; and I beg also to express the hope that when it is taken up we may devote the entire hours of the Senate, with the exception, of course, of the morning hour each day, strictly to the consideration of that business, and with the expectation, or the hope at least, that we shall be able to dispose of it in the course of tlie week.
Mr. JOHNSON. Does the Senator say that he has consulted all the members of the committee?
Mr. FESSENDEN. I consulted all who were present at the time. I did not consult the Senator from Maryland because he was not in his seat. I will now only repeat the hope I before expressed, that we may take up the subject on Monday next and confine ourselves to its consideration, with the idea that we may be able to finish it the course of next week.
PETITIONS AND MEMORIALS.
REPORTS OF COMMITTEES.
The PRESIDENT pro temporc presented a memorial of the Legislative Assembly of the Territory of Montana, praying for the establishment of a branch mint in that Territory; which was referred to the Committee on Finance, and ordered to be printed.
He also presented a memorial of the Legislative Assembly of the Territory of Montana, praying for the alteration and extension of the southern boundary of that Territory; which was referred to the Committee on Territories, and ordered to be printed.
He also presented an address of colored citizens of Chicago, Illinois, dated April 23, 1866, expressive of their gratitude to the Senate and Ilouse of Representatives for the passage of the civil rights bill recently vetoed by the President of the United States; which was ordered to lie on the table.
Mr. JOHNSON. I present the petition of Mary Good, an aged lady of Baltimore, who states that her daughter, an only child, on whom she depended for support, was killed on or about the 16th of August, 1865, by a shot fired by a sentinel intended to have been aimed at a deserter from the military service of the United States. She states that she was wholly dependent on this daughter, and thinks she has made out a case for the interposition of Congress, either to vote her a small sum of money in gross to support her, she being upward of seventy years of age, or to give her a pension. I move the reference of the petition to the Committee on Pensions.
The motion was agreed to.
Mr. MORGAN. I present the memorial of the Chamber of Commerce of the State of New York against the proposed tax of five cents per pound upon cotton. I ask that the memorial be referred to the Committee on Finance, and inasmuch as the subject is one of very considerable interest at this time, and as this memorial contains some valuable information in relation to the importation of cotton into Liverpool for several years from India, Egypt, and Brazil, I move that it be printed for the use of the Senate.
The motion was agreed to.
Mr. COWAN presented a petition of mechanics and laborers in manufacturing establishments, praying for such an adjustment of the tariff of duties on imports as will afford ample protection to the labor and industry of the country; which was referred to the Committee on Finance.
Mr. SUMNER presented the petition of Hopestill Bigelow, praying to be allowed eleven years' back pay, claimed to be due him as a pensioner of the war of 1812; which was referred to the Committee on Pensions.
Mr. SUMNER. I also offer the petition of H. W. Johnson, president of Dickinson College, Carlisle, Pennsylvania, asking, in the name of four million freedmen who now call for education, that education which slavery forbade, and in the name of a still larger number of poor whites," who need that instruction
which slavery withheld, and finally in the name form the same duties and receive the same of justice, humanity, and religion, asking that salary as is by law allowed to the present free education be secured to all the children Assistant Secretary of the Navy. The office of the United States. I do not know that thus created is to cease by limitation in six there is any committee of this body to which months from the approval of this act. this petition can be, with any particular propri- There being no objection, the Senate, as in ety, referred, but the Judiciary Committee is Committee of the Whole, proceeded to conthat to which all petitions go which have no sider the bill. other natural destination, and I therefore move The bill was reported to the Senate without its reference to the Committee on the Judiciary. amendment. The motion was agreed to.
Mr. GRIMES. It is due to the Senate that Mr. YATES presented a petition of citizens I should state the reasons why the Committee of Illinois, praying for an increase of the duty on Naval Affairs have proposed that such a on importations of foreign wool; which was bill as this should be passed at this time. referred to the Committee on Finance.
A few days ago the two Houses of Congress He also presented a memorial of women of united in passing a joint resolution congratuIllinois, praying that universal suffrage and lating the Emperor of Russia upon his escape enfranchisement may be granted without regard from assassination. When that resolution came to sex; which was referred to the joint com- from the House of Representatives to the Senmittee on reconstruction.
ate, on the suggestion of the chairman of the Mr. NYE presented the memorial of Richard Committee on Foreign Relations (Mr. SunChenery, praying for compensation for beef NER] it was amended so as to anthorize and cattle furnished for the use of destitute and suf- direct the President of the United States to fering Indians in California, in the years 1851 transmit the resolution to the Emperor. The and 1852, under contract with the then Indian present Assistant Secretary of the Navy had commissioner for the northern district of that filed his resignation, to take effect from to-day, State; which was referred to the Committee on and, as the agent of the Navy Department, was Iudian Affairs.
about to visit Europe for the purpose of inspect
ing the various navy-yards, ships-of-war, and On motion of Mr. MORGAN, it was
improvements in each, and improvements in
ordnance and naval appliances that have been Ordered, That the Committee on Claims be discharged from the further consideration of the petition perfected by the European nations during the of E. Brown, jr., and that he have loave to withdraw last few years. I suppose it is not unknown to his pctition and other papers.
the members of this body that foreign nations,
and especially the British, are in the habit of Mr. SHERMAN. The Committee on Fi
sending naval officers here to examine with the nance, to whom was referred the bill (S. No. utmost minuteness everything of that descrip300) to reduce the rate of interest on the
tion that is done by us. It is probably known national debt, and for funding the same, have
to the members of this body that there is directed me to report it with amendments, and
attached to the British legation Captain Buytheif it is the pleasure of the Senate I should like,
sea, one of the most competent men in the Britas the honorable Senator from Maine has an
ish navy. He is employed for no other purpose nounced his purpose to take up the reconstruc
than to make such investigations as it is protion subject next week, to have this bill set for posed by the Navy Department that the present Thursday if there be no objection.
Assistant Secretary of the Navy shall make Mr. FESSENDEN. I object to having that during the months of this summer. fixed. I want to take up several of the appro
When the resolution congratulating the Empriation bills during this week, that are on the
peror of Russia was adopted by Congress, it table.
was suggested by the Secretary of State, and Mr. SHERMAN. Do you want the whole
by some other persons connected with the week?
Administration, ihat Mr. Fox should be deMr. FESSENDEN. I do not know that I || puted to carry the congratulatory resolution to shall, but I should not like to have any special Russia ; and it was also suggested to him that order made.
he should withdraw his resignation as AssistMr. SHERMAN. Then I will simply give
ant Secretary, for the reason that it would give notice that I shall endeavor to get this bill up
more éclat and would be more acceptable to some day this week in order to have the action
the Russian Government if he went in his of the Senate on it.
official capacity, as second in authority in the Mr. FESSENDEN. My particular objection | Navy Department, than if he went as a private is that I gave notice to the committee that I
individual. am opposed to that bill and shall object to its
It is for that reason that this bill has been being taken up at any time so far as I am
reported. Added to this consideration is the concerned, if I can prevent it.
fact that on account of the peculiar phraseol. Mr. SHERMAN. The Senate must pass
ogy of the law organizing the Navy Departjudgment on that point.
ment, no one, in case of the absence, from Mr. FESSENDEN. It does not meet my
sickness or otherwise, of the Secretary of the approbation in any particular, and therefore I Navy, can perform the duties of that Departdo not want any day fixed for it at any rate.
ment except the Assistant Secretary; and in
order to guard against accidents, or the possiASSISTANT SECRETARY OF THE NAVY.
bility of anything of that kind happening, it is Mr. GRIMES. I am instructed by the Com- || proposed to pass this bill. Mr. Fox proposes mittee on Naval Affairs to report a bill (S. No. to start in the Miantonomoh, an iron-clad ship, 318) to authorize the appointment of an addi- a class of improved impregnable vessels, for tional Assistant Secretary of the Navy.
which this country is indebted to him more The Wil was read a first time by its title and than to any other person in the world except passed to a second reading.
to Mr. Ericsson, now lying at Halifax and ready Mr. GRIMES. I will venture to ask the to go--the best iron-clad ship, I believe, in the Senate to suspend its rules in order to proceed world, and which, we hope, and he believes, to the consideration of this bill. I think there will safely cross the Atlantic. I believe the will be no hesitation in passing it with the appearance of that ship in European waters explanation that I shall be able to give of the would have a greater tendency to promote necessity of it.
peace between the nations of Europe and this The PRESIDENT pro tempore. The bill country than all the diplomats we shall be will be put on its second reading now, if there likely to send to Europe during the next thirty be no objection, and then the question of its years. consideration will be open.
I will say, furthermore, that this can be atThe bill was read a second time at length. | 'tended with no additional expense. The whole It proposes to authorize the President of the sum that will be appropriated, should this bill United States, by and with the advice and be passed into a law, will be $1,750, which wiil consent of the Senate, to appoint an additional not be so much as would be the expense of Assistant Secretary of the Navy, who shall per- Il sending a special messenger to the Emperor
of Russia, as the President is required to send present consideration of the joint resolution vs. Ogden, reported in 9 Wheaton, the honorif he does not adopt some such plan as this. objected to?
able member will find that Chief Justice MarThe bill was ordered to be engrossed for a Mr. TRUMBULL. This would be conferring | shall, in speaking for the whole court, recogthird reading, was read the third time, and a new jurisdiction upon the Court of Claims nized the validity of State quarantine laws, passed.
by an act of Congress. I do not know that not only as laws passed in the exercise of a CIRCUIT COURT IN VIRGINIA.
it is objectionable, but I think it ought to concurrent power, but as laws valid, because Mr. TRUMBULL. The Committee on the
be examined in reference to the principles | the States possessed exclusive power over the involved.
sulject. Judiciary, to whom was referred the bill (H.
Mr. NYE. Let it be referred to the ComR. No. 563) to regulate the time and fix the
Now, what is proposed to be done by this mittee on the Judiciary. place for holding the circuit court of the Uni
act? Passing by the supposition that it will ted States in the district of Virginia, and for
Mr. TRUMBULL. If it has already been accomplish its purpose, supposing that the
examined by a committee and reported I do other purposes, have instructed me to report
Army and the Navy can be used practically for not desire to have it referred. it back with an amendment; and I ask for its
the purpose of preventing the malaria, if it be a
Mr. NYE. Let this resolution go to your malaria, caused by the air's being infected by present consideration. It merely changes the
committee. I did not know it was to change place of holding the court from Norfolk to
the presence of the disease brought here by any rule. I move that it be referred to the Richmond, and fixes the time. I presume
persons who may be laboring under the disease, Committee on the Judiciary. there will be no objection to it.
it gives to Congress the authority to go into the There being no objection, the Senate, as in
The motion was agreed to.
States and establish hospitals or quarantine, or Committee of the Whole, proceeded to con
do anything else which in the judgment of the
ASIATIC CIOLERA. sider the bill.
three Secretaries, who are constituted a board
Mr. CHANDLER. I move that the Senate The amendment reported by the Committee
for that purpose, may be necessary to keep out on the Judiciary was to strike out the following
now proceed to the consideration of the joint the disease, if it can be kept out, or arrest its
resolution (H. R. No. 116) to prevent the inclause:
spread. Where is that power to terminate? If troduction of the cholera into the ports of the Congress has the authority to legislate upon the And special or adjourned terms of said court may be held at such time and on such notice as may be United States.
subject, if the preservation of the health of the ordered and prescribed by the Chief Justice of the
The motion was agreed to; and the Senate, country is one of the objects intrusted to ConSupreme Court of the United States, with the same as in Committee of the Whole, resumed the gress at all, it is a power not limited to the seapower and jurisdiction as at regular terms. And said
consideration of the joint resolution, the pendcourt, at any such regular, special, or adjourned
port, not limited in its exercise to the city, but terins, shall have power to issue and enforce all writs ing question being on the amendment of Mr. it must be coextensive with the entire country; and process, make all orders, and do all acts neces- Sumner to the amendment reported by the and if the cholera after making its appearance sary for the one administration of justice and the
Committee on Commerce. exercise of their jurisdiction.
in the city of New York is supposed, in the
Mr. JOHNSON. Mr. President, when this So as to make the bill read as follows:
judgment of the board, to be likely to spread measure was before the Senate a few days since all over the State of New York, unless it shall be Be it enacted, dr, That the circuit court ofthe Uni- I had stated in part my reasons for supposing arrested by the Army and the Navy and by the ted States in the district of Virginia shall be held at the city of Richmond, commencing on the first Mon
that it was not within the constitutional power measures which they shall be recommended to lay in May and on the fourth Monday of November, of Congress to pass it, and I have but a word adopt by physicians in order to keep the disease in cach year; and the said court may adjourn its ses- or two to add in addition. sion, now authorized, from Norfolk to Richmond, and
from spreading, they can go all over the State there bold the same, and travsfer to said last-named
The honorable member from Massachusetts and establish hospitals, establish quarantine, place all records, tiles, process, and property pertain- || [Mr. SUMNER] placed the authority to pass so as to impede commerce strictly territorial, ing to said court. And all proceçdings and process in this measure upon the commercial power strictly internal. or issuing out of said court, which are or may be made returnable to any other times or places appointed for
conferred upon Congress by the Constitution. In the cases adverted to not a single judge holding said court than herein prescribed, shall be According to his interpretation of that power, doubted that the internal commerce of the deemed legally returnable on the day specified and at there is hardly anything that might not be States was never submitted to regulation by Richmond, and not otherwise; and all suits and other proceedings in said court which stand continued to
done, not only by Congress with the assent of Congress under the commercial power. Indeed, any time or place shall be deemed continued to the the States, but by Congress in spite of the the very terms in which the power is commuplace and time prescribed by this act.
States. I'think the honorable member and nicated exclude the idea that it was intended The amendment was agreed to. the Senate will find upon turning to the cases
to embrace internal commerce. The bill was reported to the Senate as
to which he alluded, the passenger cases, and conferred is the power to regulate commerce amended, and the amendment was concurred more particularly to the license cases and the between foreign nations and the United States in. It was ordered that the amendment be
case of Houston os. Moore, reported, I think, and cominerce among the States. Marshall, engrossed and the bill read a third time. The
in 5 Wheaton, that this principle has been therefore, in the case alluded to of Gibbons us. bill was read the third time and passed.
over and over again proclaimed as the true Ogden, admitted, as clear beyond dispute, as
one with reference to the power of Congress a proposition never disputed anywhere during BILLS INTRODUCED.
under that clause; that it does not in any man- the deliberations of the Convention or by any Mr. VAN WINKLE asked, and by unani- ner conflict with the police power of the States; || judicial opinion pronounced in any case in mous consent obtained, leave to introduce a that it therefore does not conflict with any | which the question arose, that the internal comjoint resolution (S. R. No. 90) to suspend || power which the States may deem necessary merce of the States was with the States exclutemporarily the collection of the direcť tax to preserve the health or the morals of their sively. If that proposition be true, (and I am within the State of West Virginia ; which was citizens; that it does not, consequently, con- sure my friend, the Senator from Massachuread twice by its title, and referred to the Com- flict with the power which the States have ever setts, will not deny it,) does it not follow that mittee on Finance.
been supposed to possess, not as a concurrent, what you propose to do is without authority proHe also asked, and by unanimous consent but as an exclusive power, to establish quar- vided'it conflicts with that proposition? A man obtained, leave to introduce a bill (S. No. 319) || antine. The passenger cases, upon which my wants to go from the city of New York to Albany to apportion the issue of the national currency friend from Massachusetts perhaps in the main with his vessel, or to travel on the canal from to the several States and Territories and to the relied, were cases involving the validity of an Albany to the extreme lakes. That commerce District of Columbia ; which was read twice by act of the Legislature of New York, which im- | is clearly internal; but, like foreign commerce, its title, referred to the Committee on Finance, posed a tax upon every captain or officer of a | it may be the means of spreading the disease; and ordered to be printed.
vessel, one dollar and a half or two dollars—I and if Congress, under the authority to reguMr. HARRIS asked, and by unanimous con- forget the exact amount--for each passenger late commerce, has a right to prevent the spread sent obtained, leave to introduce a bill (S. No. landed in New York; and subjected him to a of the disease, or the introduction of the dis320) to amend an act entitled “ An act for a penalty unless he paid the tax; and it appro- ease, it must have an authority to preventit from grant of lands to the State of Kansas, in alter- priated the proceeds of the tax to two pur- spreading anywhere or from being introduced nate sections, to aid in the construction of cer- poses, one of which was for a hospital, and the anywhere. It may for the first time be introtain railroads and telegraphs in said State,' other, I think, for the insane. The opinion of duced into Albany or into any of the towns sitapproved March 3, 1803; which was read twice the Supreme Court, as pronounced by Mr. uated upon the canal which connects the Hudby its title, and referred to the Committee on Justice McLean, placed the invalidity of that son with the lakes; and what I say of New Public Lands.
law entirely upon the ground that it affected York is applicable to all the other States. What Mr. NYE asked, and by unanimous consent the vessel and the rights of the master and the do you propose to do? To let the doctors get obtained, leave to introduce a joint resolution passengers, not after they were landed but be- together and advise the board, which you are (S. R. No. 91) to refer the claim of Frederick fore they were landed. It was intended to be about io constitute by this resolution, formed Vincent, administrator of Le Caze & Mallet, a license for the authority to land, and was of the three Secretaries. The disease may be to the Court of Claims; which was read twice intended to appropriate the sum which the introduced into Albany, or, if it makes its first by its title.
party was obliged to pay in the nature of a appearance in the city of New York, it may find Mr. NYE. I presume there will be no license for some State purpose. But the hon- its way into Albany. They will therefore call objection to the resolution, and I ask for its | orable member will find if he will look at the upon
the Secretaries to establish a quarantine present consideration. It is simply a propo- opinion of the judge to whom I allude, that at Albany, and as quarantine may not answer sition to refer a claim to the Court of Claims. throughout he not only recognized the author- the purpose absolutely, as the disease may find The resolution was read at length.
ity of the States to establish quarantine, but its way into Albany in spite of the quarantine, Mr. CONNESS. Is it not establishing an treated that authority as an exclusive one. and one or more cases may be found occurring entirely new rule?
And on looking at the other case to which the in Albany, then the way to prevent the spread The PRESIDENT pro tempore. Is the honorable member referred, that of Gibbons of the disease is to do what we do with the
The power small-pox disease-establish hospitals; so that Mr. SUMNER. Now, I will ask my learned it is that all quarantine regulations belong to under the power which Congress is supposed friend, is he not too refined when he under- the States exclusively. Am I right in that? to have over the health of the country, they takes to say that in regulating passengers you Mr. MORRILL. Most of them. may establish small-pox hospitals and cholera may not regulate them so far as concerns their Mr. SUMNER. The Senator, I understand, hospitals everywhere throughout the States. I health ; that you may regulate passengers in says they belong exclusively to the States. maintain, therefore, with due respect to the every other way except so far as concerns Mr. MORRILL. Yes. members of the Senate who think there is health? I assume, and I put it to my learned Mr. SUMNER. If I carry that argument authority to pass this resolution, that it is con- friend, that if under the commercial power you of the Senator still further, it would be practi. trary to the best-established principles in rela- can regulate the introduction of passengers, cally to say that the Government of the United tion to the construction of the Constitution in that carries with it, necessarily, all the inci- States might make all possible regulations with the particular relied upon not only the best dents of health, because you may apply to the reference to passengers water borne, but could established but principles that never have been introduction of passengers certain sanitary not touch them in regard to sanitary regula-, questioned by the Supreme Court at any time. || requirements. I do not see how, logically, tions the moment they entered our harbors. Without troubling the Senate further, I submit the Senator can avoid that conclusion.
That is certainly the inevitable conclusion, and that it seems to me the proposed measure is Mr. MORRILL. I ask the Senator whether, permit me to say it is an absurdity. I will not clearly beyond the power of the Government. when
you have reached the point that you have consent thus to despoil this Governmeut of a Mr. SÚMNER. "The Senator from Mary- || got to treat the passenger for his health, the power which to my mind seems so essential to land has called the attention of the Senate to power of the General Government does not the national health. the decisions of the Supreme Court which, in cease, and the police power of the State for Now, if you go back to one of the early stat. his opinion, bear decisively on this question ; the protection of the public health at that very utes, for instance, the statute entitled "An act but, sir, with the ingenuity of a practical lawyer || point necessarily intervene.
respecting quarantines and health laws," which he has omitted to call the attention of the Sen- Mr. SUMNER. To that my reply is just bears date February 25, 1799, it will be perate to that decision which, perhaps, of all others, this: that the jurisdiction having once attached, ceived that while the quarantine is left to a is the most applicable to this question. With it must, from
the nature of the case continue
certain extent under the control of the States,
the United States officers are directed to assist for the deficiency of the learned Senator, or at diction would fail.
the State officers in enforcing the quarantine. least endeavor to do so, by calling attention to Mr. MORRILL. I beg to suggest to the Here is a clause which I will read: the case, which, unless Í mistake, in its precise | Senator that it never did attach to the passen- "And all such officers of the United States shall be, language is applicable to the pending question. || ger as touching his health ; and the moment
and they hereby are, authorized and required faithI refer to the case of the United States vs. it becomes necessary to treat him for his health,
fully to aid in the execution of such quarantines and
bealth laws, according to their respective powers and Coombs, in the twelfth volume of Peters's Re- then the power to regulate commerce ceases, precincts, and as they shall be directed from time to ports. There you will find one of the able and as a matter of course.
time by the Secretary of the Treasury of the United
States." well-considered judgments of the late Mr. Jus- Mr. SUMNER. The Senator says it never tice Story, particularly treating of this ques- did attach to the passenger so far as his
In that statute it will be seen that the quartion. By“this question” I mean the power is concerned. How can he say that? Does it antine was placed under a mixed government, of Congress under the clause of the Constitu- not attach to the passenger absolutely? You partly of the State and partly of the United tion giving to Congress the power to regulate || by your statutes require a certain allowance of
States. Certain United States officers were commerce with foreign nations and among the water and a certain allowance of food on board directed to aid State officers in enforcing quarseveral States. I will read a passage from his a ship. Does not that go to the health? antine, and the United States officers were judgment, page 78, as follows:
Mr. CONNESS. And a certain allowance
from time to time to receive instructions from "The power to regulate commerce includes the of room on a ship.
the Secretary of the Treasury. How could that power to regulate navigation, as connected with the Mr. SUMNER. And a certain allowance of be if the United States had no jurisdiction over commerce with foreign nations and among the States. It was so held and decided by this court, after the
room in the ship; a certain allowance of air. this matter? most deliberate consideration, in the case of Gibbons Does not all that concern the regimen of health? Mr. MORRILL. They are to do it, by the vs. Ogden, 9 Wheaton, 189 to 198."
Now, we propose to go further, and by a care- very terms of the act, in aid of the State; they All that the Senator will of course recognize; ful system of regulations to look still further took no jurisdiction. for, indeed, he has already admitted it in what
at the condition of health, and to surround it Mr. SUMNER. I will come to that. The he has said and cited. The learned judge then with still further safeguards; not merely to
Senator reminds me that it was by the very proceeds:
require a certain amount of food and a certain terms of the act in aid of the State, and now “It does not stop at the mere boundary line of a
amount of air and a certain amount of space, allow me to call the attention of the Senator State; nor is it confined to acts done on the water, or
but to go still further according to all the sugges- to what he will remember perfectly well in the in the necessary course of the navigation thereof. It tions of modern science in order to prevent the early history of our country, that the bounds extends to such acts, done on land, which interfere with, obstruct, or prevent the due exercise of the
introduction of this disease. To my mind, the of the jurisdiction of the Federal and State power to regulate commerce and navigation with conclusion seems inevitable, it is just as clear as governments were then unsettled. Take, for foreign nations and among the States. Any offense which thus interferes with, obstructs, or prevents such
that A plus B equals X, or that two and two make instance, one of the greatest cases in our hiscommerce and navigation, though done on land, may
four. I cannot imagine any conclusion more tory, that of the fugitive slave bill which was be punished by Congress, under its general authority direct. If you concede that you may make regu. passed in 1793. The Senator well remembers to make all laws necessary and proper to exccute lations with reference to a passenger, I know of that the seizure of fugitive slaves was intrusted their delegated constitutional powers.
no regulations more important, more absolutely under that act to State officials, and also to cer. Those are the pointed words of Mr. Justice founded upon this constitutional requirement, tain United States officials; but the jurisdicStory.
than those regulations which concern his health. tion was recognized as concurrent. It was only Mr. MORRILL. Will the Senator allow me And now the Senator seems to suggest that this at a late day when the relations between the to ask him a question?
is an exercise of power for the first time. State and F¢deral jurisdiction were better comMr. SUMNER. Certainly. How so?
prehended that the Supreme Court decided that Mr. MORRILL. That is to regulate com- The PRESIDENT pro tempore. The morn- that jurisdiction could not be confided to the
ing hour having expired, the Chair is under the State authorities. Mr. SUMNER. To regulate commerce. necessity of calling up the order of the day, Now, I submit that you will find in this stat
Mr. MORRILL. Does the Senator mean being the unfinished business of yesterday. ute of 1799 relating to quarantine a jumble or to be understood that a regulation in regard Mr. CHANDLER. I ask that the unfinished a confusion not unlike that which you will find to cholera, a disease, is a regulation of com- business go over informally that we may have a in the fugitive slave act of 1793; that is, a recmerce? vote on this measure.
ognition of a concurrentjurisdiction in the State Mr. SUMNER. I do, certainly.
The PRESIDENT pro tempore. The unfin- || and Federal governments over this question. Mr. MORRILL. Then the cholera is com- ished business of yesterday can be laid aside | This measure which is now before the Senate merce?
by unanimous consent. No objection being would follow out, I take it, the general principle Mr. SUMNER. No; cholera is not com- made, the unfinished business will be laid aside, or reasoning of later years and assure the jurismerce, but cholera comes from passengers. and House joint resolution No. 116 will be diction to the Federal power, or, as I always Mr. MORRILL. Then is the regulation of continued before the body.
like to call it, the national rather than the Fedit commerce, or is it the treatment of a dis- Mr. SUMNER. I do not understand that eral power. It would secure it to the national ease? Is it a regulation of health or a regula- | this is an exercise of power for the first time. power, and to my mind it properly belongs to tion of commerce?
It is nothing more, perhaps, than a new applica- the national power, and no ingenuity of the Mr. SUMNER. The Senator will pardon | tion of an old power or an expansion of an old | Senator from Maine, my excellent friend, can me if I say it is one of those matters which power to a new condition of circumstances; and satisfy me that it ought not to be intrusted to runs in several directions. It is connected perhaps I may say enlarging this old power, the national power. It is essentially a national with passengers, and it may be viewed in its because the circumstances require the enlarge- object, and can be performed effectively and connection with passengers,
ment. I do not understand that any new fount. || thoroughly only through the national arm. If Mr. MORRILL. As a disease, not as com- ain is opened; no new source is drawn upon ; you intrust it to the different local authorities,
It is connected with passengers as a no new principle is invoked; we go back to the you will have as many systems as you have disease and to be treated of in the nature of original text of the Constitution which has been States or communities, and you cannot bring health, quarantine, sanitary regimen, or what- so often applied in kindred cases, and we insist your policy to bear with that unity which it ever you please, but not in the nature of com- upon its application now.
ought to have in dealing with so deadly a foe. merce to be regulated.
If I understand the argument of the Senator, You should be able to carry into this matter