FORTY-SECOND CONGRESS.

SECOND SESSION.

IN SENATE.
MONDAY, December 4, 1871.

The first Monday of December being the day prescribed by the Constitution for the annual meeting of the Congress of the United States, the second session of the Forty-Second Congress commenced this day. The Senators assembled in the Senate Chamber at the Capitol in the city of Washington.

SENATORS PRESENT.

The following Senators were present: From the State of

Maine-Hon. Hannibal Hamlin and Hon. Lot M. Morrill.

New Hampshire-Hon. Aaron H. Cragin || and Hon. James W. Patterson.

Vermont-Hon. George F. Edmunds and Hon. Justin S. Morrill.

Massachusetts-Hon. Charles Sumner and Hon. Henry Wilson.

Rhode Island-Hon. Henry B. Anthony. Connecticut-Hon. William A. Buckingham and Hon. Orris S. Ferry.

New York-Hon. Roscoe Conkling and Hon. Reuben E. Fenton.

New Jersey-Hon. Frederick T. Frelinghuysen and Hon. John P. Stockton.

Pennsylvania-Hon. Simon Cameron and Hon. John Scott.

Virginia Hon. John W. Johnston and Hon. John F. Lewis.

North Carolina-Hon. John Pool.

South Carolina-Hon. Thomas J. Robertson and Hon. Frederick A. Sawyer. Florida-Hon. Abijah Gilbert and Hon. Thomas W. Osborn.

Alabama-Hon. George E. Spencer. Louisiana-Hon. William Pitt Kellogg and Hon. J. Rodman West.

Mississippi-Hon. Adelbert Ames.

Missouri-Hon. Francis P. Blair and Hon. Carl Schurz.

Arkansas-Hon. Powell Clayton and Hon. Benjamin F. Rice.

Tennessee-Hon. William G. Brownlow and Hon. Henry Cooper.

Kentucky-Hon. John W. Stevenson. West Virginia-Hon. Arthur I. Boreman and Hon. Henry G. Davis.

Ohio-Hon. John Sherman and Hon. Allen G. Thurman.

Indiana-Hon. Oliver P. Morton. Illinois-Hon. John A. Logan and Hon. Lyman Trumbull.

Michigan-Hon. Zachariah Chandler and Hon. Thomas W. Ferry.

Wisconsin-Hon. Timothy O. Howe. Iowa-Hon. James Harlau and Hon. George G. Wright.

Minnesota-Hon. Alexander Ramsey and Hon. William Windom.

42D CONG. 2D SESS.-No. 1.

Kansas-Hon. Alexander Caldwell and Hon. Samuel C. Pomeroy.

California-Hon. Eugene Casserly. Nebraska-Hon. Phineas W. Hitchcock and Hon. Thomas W. Tipton.

Oregon-Hon. Henry W. Corbett and Hon. James K. Kelly.

Nevada Hon. James W. Nye.

The VICE PRESIDENT, (Hon. SCHUYLER COLFAX, of Indiana,) called the Senate to order at twelve o'clock m., there being a quorum of Senators present.

PRAYER.

Rev. J. P. NEWMAN, D. D., Chaplain to the Senate for the Forty-Second Congress, offered the following prayer:

Almighty and Eternal God, Author of all things and source of all power, from this na tional altar we offer to Thee our thanksgiving for all Thy mercies to the land we love. Through another eventful year Thou hast preserved the nation; and though goodness and severity have mingled in Thy dealings toward us, yet our joys have been more than our sorrows, our days of health more than those of disease, our successes more than our failures. And if, in the execution of natural law, the cyclone has swept over land and sea, yet that which has been spared is more than that which has been destroyed. If one queenly city has been consumed, hundreds of others remain in all their wealth and beauty. If prairie and hamlet have been laid waste by the furies of the flame, yet we thank Thee that out of the fire has come forth the Angel of Generosity, touching all hearts with the sympathy of a common brotherhood.

We rejoice in Thy blessing upon our fruitful fields, upon the mechanical industries of our people, upon our learned professions, our schools of learning, our houses of mercy, our temples of piety. We pray that these great interests may ever be within Thy care and keeping.

We devoutly thank Thee for the revival of official virtue and honesty, for the exposure and punishment of those who plundered the public treasury. And we reverently and earnestly invoke the divine guidance and strength in behalf of the three branches of the national Government. Oh! give wisdom to the legislator, impartiality to the judge, strength to the executive. Upon the Chief Magistrate of the nation, grant the blessing of continued strength and support. Accept our thanks for the restoration of the health of him who presides over the deliberations of this honored body.

And, Infinite Father, grant the blessing of life and lengthened days, of intellectual vigor, of purity of character, of honor of reputa tion, of influence with the nation, upon these Senators again assembled to discharge the duties of their high and responsible position. And, God of our fathers, pour the spirit of

peace and obedience, of honesty and patriotism, of charity and piety, upon all our people. Through Jesus Christ, our Lord. Amen.

CREDENTIALS.

Mr. WILSON presented the credentials of Hon. James L. Alcorn, elected by the Legislature of the State of Mississippi a Senator from that State for the term beginning March 4, 1871.

The credentials were read; and the oaths prescribed by law having been administered to Mr. ALCORN, he took his seat in the Senate.

Mr. THURMAN. I present the credentials of Hon. Thomas M. Norwood, elected a Senator from the State of Georgia by the Legislature of that State for the term which began on the 4th of March last.

The Chief Clerk read the credentials.

Mr. THURMAN. It is known that that is a contested seat; that is to say, there are two persons presenting credentials for the same seat. I will therefore ask that the credentials just read may lie on the table until the com. mittees shall be appointed, when I will move the proper reference.

The VICE PRESIDENT. The credentials will lie on the table for the present.

NOTIFICATION TO THE HOUSE.

On motion of Mr. ANTHONY, it was Ordered, That the Secretary inform the House of Representatives that a quorum of the Senate has assembled, and that the Senate is ready to proceed to business.

HOUR OF MEETING.

On motion of Mr. ANTHONY, it was Ordered, That the hour of the daily meeting of the Senate be twelve o'clock meridian, until otherwise ordered.

NOTIFICATION TO THE PRESIDENT. On motion of Mr. ANTHONY, it was Resolved, That a committee, consisting of two members, be appointed to join such committee as may be appointed by the House of Representatives, to wait upon the President of the United States, and inform him that a quorum of each House has assembled, and that Congress is ready to receive any communication he may be pleased to make.

By unanimous consent the Vice President was authorized to appoint the committee; and Messrs. ANTHONY and THURMAN were appointed.

PUBLIC BUILDINGS AT CHICAGO.

Mr. MORRILL, of Vermont. I offer the following resolution, to lie on the table until the committees shall have been appointed :

Resolved, That the Committee on Public Buildings and Grounds be instructed to inquire into the expediency of making appropriations for the immediate reconstruction of the public buildings recently des troyed at Chicago, State of Illinois.

DEFALCATION OF J. L HODGE.

Mr. CONKLING. I offer the following resolution, which I should like to have lie on the table until the committees are appointed:

Resolved, That the Committee on Military Affairs be instructed to inquire into the recent defalcation of J. L. Hodge, late a paymaster in the Army, and

into the facts connected therewith, and to ascertain and report to the Senate whether any other officer or officers of the Government are derelict in duty in respect of the observance of regulations and safeguards intended to prevent such occurrences, and also whether other or further legislation or regulation is needed for the future.

The resolution was ordered to lie on the table.

PETITIONS AND MEMORIALS.

Mr. SUMNER. Are petitions in order, Mr. President?

The VICE PRESIDENT. The presentation of petitions and memorials is first in order if the order of business prescribed by the rules is to be regularly gone through with.

Mr. SUMNER. I offer the petition of a large number of colored citizens of Brooklyn, in the State of New York. As it is very brief I will read it:

We, the undersigned, citizens of the city of Brooklyn, State of New York, feeling ourselves aggrieved, inconvenienced, and degraded because of our color, and for the want of a law like unto the one offered to the Senate by Hon. CHARLES SUMNER, known as Sumner's bill, supplementary to the civil rights bill, do respectfully pray for the passage of the same; and as in duty bound we will ever pray.

As that bill is on the Calendar of the Senate, I ask that this petition lie on the table.

The VICE PRESIDENT. The petition will lie on the table.

Mr. SUMNER. I also offer the petition of Dr. Augusta, professor of anatomy in the med. ical department of Howard University, and Dr. Purvis, professor of medical jurisprudence in Howard University, which is very brief, and therefore I will read it:

We, the undersigned petitioners, respectfully represent to your honorable body that the Medical Society of the District of Columbia, an institution chartered by Congress, seeks to degrade us as medical practitioners on account of our race and color, and in contravention of the Constitution and laws of the United States, by denying to us rights accorded to white practioners, and thereby violating its act of incorporation. We therefore most respectfully petition that the charter of said society be repealed. And your petitioners will ever pray.

It will be remembered that at the last Congress I reported a bill from the Committee on the District of Columbia in pursuance of the prayer of these very petitioners. There was no final action on that bill, and of course it fell with the expiration of the Congress. I seize this earliest occasion to call attention again to that question by presenting this petition. It seems to me that Congress owes it to the colored race everywhere throughout the coun try to put an end to outrage, at least here in the national capital. As the Committee on the District of Columbia is not yet appointed, I ask that the petition lie on the table.

The VICE PRESIDENT. It will lie on the table for the present.

Mr. FENTON. I present a petition from General Alfred Pleasonton, Commissioner of Internal Revenue, touching the matter of his suspension from that office. It may be termed, and perhaps is, an appeal from the action of the President in the case. I ought to say that I have not examined the petition and accom. panying papers so as to be able to express any opinion on the merits of the matter involved in these papers. I send first a letter to the Clerk's desk, and ask that it may be read.

The VICE PRESIDENT. The Senator from New York desires a letter to be reported by the Secretary.

Mr. FENTON. It is a letter addressed to me.

Mr. MORRILL, of Vermont. I suggest whether this would not be better done in executive session.

Mr. FENTON. I ask to have this letter read as my own sufficient excuse, if any is needed, for offering these papers this morning. Mr. CAMERON. Mr. President

The VICE PRESIDENT. Does the Senator from New York give way to the Senator from Pennsylvania?

Mr. FENTON. Certainly, sir.
Mr. CAMERON. I rise, Mr. President, for

the purpose of moving that we take a recess for half an hour or an hour until the communication which is expected from the Presi dent shall be received. I think we could pass half an hour or an hour much more pleasantly in congratulating each other on our good looks and happy return.

The VICE PRESIDENT. The Senator from New York is entitled to the floor.

Mr. CAMERON. I am appealing to the Senator from New York.

Mr. FENTON. I ask to have this letter read which is addressed to me.

Mr. CAMERON. Of course I give way. The VICE PRESIDENT. The letter will be read.

The Chief Clerk read as follows:

WASHINGTON, December 1, 1871. DEAR SIR: On the 8th of August, 1871, I was suspended by the President from the office of Commissioner of Internal Revenue. The causes which led to this suspension, and which are fully set forth in the accompanying papers, do not justify the course the President was pleased to pursue in the case.

I have, therefore, the honor to request, as a citizen of the State of New York, that you will present the inclosed appeal to the Senate of the United States, when that body convenes, and oblige, Very respectfully and truly,

A. PLEASONTON, Commissioner. Hon. R. E. FENTON, United States Senate, Washington.

Mr. FENTON. I knew nothing whatever of these papers, except as they came to me through the mail received yesterday, and, in discharge of my duty as a Senator to a citizen of my State, I respectfully offer this petition and ask that it may be laid on the table and printed.

Mr. MORRILL, of Vermont. It strikes me that this is clearly business which pertains to the executive session. It is a subject that must come up there, and therefore I suggest to the Senator from New York that it should be introduced in executive session.

Mr. FENTON. I have no choice in the matter. If Senators think it should properly first go before the Senate in executive session, I am entirely willing to withdraw it at present. Mr. EDMUNDS. That is the better way. The VICE PRESIDENT. The Chair thinks the contents of the paper, as disclosed by the Senator from New York in his remarks and in the letter, indicate that it is of a character which should first receive consideration in

executive session, unless the Senator desires to propose some law based on this petition. Mr. FENTON. I withdraw the papers.

BILLS INTRODUCED.

Mr. EDMUNDS. Is the introduction of bills in order at this time?

The VICE PRESIDENT. They cannot be referred, there being no committees.

Mr. EDMUNDS. I ask, is it in order to introduce bills?

The VICE PRESIDENT. It is.

Mr. POMEROY. By unanimous consent. Mr. EDMUNDS. I ask unanimous consent to introduce two bills, of which no previous notice has been given.

By unanimous consent leave was granted to introduce a bill (S. No. 320) to authorize the restoration of Gilbert Morton to the naval service; and it was read twice by its title, and ordered to lie on the table.

Mr. EDMUNDS. In connection with the presentation of the bill which I now offer, which relates to the regulation and promotion of the efficiency of the civil service, a subject that has engaged the attention of the Senate for several sessions, I ought perhaps to say that the matter, in relation to its connection with the action of Congress, does not seem to be perfectly understood in the country. The first movement for the improvement and what is called the reform of the civil service of the United States, was begun by a distinguished member of the House of Representatives now employed in the capacity of law adviser to the Government before the joint commission of British and American claims, by the introduction of a joint resolution in 1866 into that

House providing for the raising of a committee to be called the Committee on Retrenchment, one of whose many duties it was to inquire into the state of the efficiency of the civil service of the United States.

Mr. SUMNER. May I interrupt the Senator just there to remind him that, two years before that, a bill for that purpose was introduced in the Senate?

Mr. EDMUNDS. I am very much obliged to the Senator from Massachusetts for the information. I was not aware of it, as it was before my advent in this body had occurred. Mr. SUMNER. That bill was printed and extensively discussed at the time in the papers.

Mr. EDMUNDS. I accept the correction with great pleasure, and will therefore correct my statement by saying that the first knowl edge I had of any undertaking to promote the efficiency of the civil service of the United States was in the passage by the House of Representatives of the resolution of Mr. Hale, of New York, providing for the raising of a committee whose business it should be to make inquiry into the condition of the civil service, and to devise means, if they could be devised, to promote its efficiency. It is very well known, Mr. President, that at that time the civil service had fallen somewhat below even the standard of partisan civil service; it was worse, probably, than it was even in the turbulent and distracted times of war, and worse

probably than it was under Democratic administrations, for the reason that a person who occupied the chief seat in the Government had undertaken to desert one party and to join another that was not quite ready to receive him, except so far as the dispensation of offices to hungry people would be considered a reception into their body. For this reason the civil service at that time would naturally provoke inquiry on the part of all those who desired to increase the efficiency and convenience of government to the people.

ment.

That resolution came to the Senate, was agreed to here, and a joint committee was ap pointed, called the Committee on RetrenchI had the good fortune to be one of its members on the part of the Senate. That committee commenced its labors, and investigated, as later committees have done, as to the methods of transacting business in various of the Departments of the Government; and the result of its inquiries and deliberations first appeared in the form of a bill reported in the House of Representatives, as a matter of convenience, rather than here, in January, 1867, by Hon. Mr. Jenckes, of Rhode Island. Public opinion, and so the opinion of the House of Representatives, and possibly of this body, (although I have no right to say that,) was not yet apparently ripe to make what seemed to be so great an innovation as to regulate by law, and upon principles analogous to the administration of the military and naval departments of the Government, appointments to civil offices. The consequence was, that after discussion in the House of Representatives, the bill failed, and having failed there it was not thought wise or advisable at that time to press the matter in this body, because it was plain it would be work which would have no practical fruit.

That committee was reappointed at the next succeeding Congress, and in 1868 it again went through with a course of investigation and consideration, and it again reported a bill similar to the first, upon the same subject. again through Mr. Jenckes, in the House of Representatives. I was also at that time a member of the committee, and thus speak from knowledge. That bill also failed.

Now, Mr. President, having had thus early, but not the earliest, connection with this subject, I propose for one faithfully to try the experiment once more of endeavoring to bring into consideration-which I hope will be candid and calm on all sides, as I have no doubt it will be the possibility of our providing by law