Page images
PDF
EPUB

SYLVESTER COOKS.

Mr. FENTON, from the same committee, reported back Senate bill (No. 177) for the relief of Sylvester Cooks, with the recommendation that it do pass; which was ordered to be read a third time; and it was accordingly read the third time, and passed.

Mr. FENTON moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid upon the table. The latter motion was agreed to.

WILLIAM SAWYER.

Mr. EDGERTON, from the Committee on Private Land Claims, made an adverse report on the petition of William Sawyer and others, and moved that it be laid upon the table.

Mr. ALLEN. I hope that that case will be referred to the Committee of Claims, instead of being laid upon the table.

The motion to lay upon the table was disagreed to, and the case was referred to the Committee of Claims.

ARMY APPROPRIATION BILL.

Mr. STEVENS, from the Committee of Ways and Means, reported a bill making appropriations for the support of the Army for the year ending the 30th of June, 1863; which was read a first and second time, referred to the Committee of the Whole on the state of the Union, and ordered to be printed.

MRS. FRANCES ANN MCCAULEY.

Mr. CRITTENDEN. Mr. Speaker, the other day I reported from the Committee on Foreign Affairs a bill for the relief of Mrs. Frances Ann McCauley, and as the bill contained an appropriation, it was referred to a Committee of the Whole House on the Private Calendar. I now ask that, by unanimous consent, the committee be discharged from the further consideration of that bill, and that it be put on its passage at this

time.

Mr. PORTER objected.

ROBERT B. BRADFORD.

Mr. McKNIGHT, from the Committee on Foreign Affairs, reported back House bill (No. 367) for the relief of Robert B. Bradford, with the recommendation that it do pass; which was referred to a Committee of the Whole House on the Private Calendar, and, with the accompanying report, ordered to be printed.

ADJOURNMENT over.

Mr. MAYNARD moved that when the House adjourns to-day, it adjourn to meet on Monday

next.

The motion was agreed to.

JEREMIAH PENDERGAST, ETC.

Mr. CUTLER, from the Committee on Invalid Pensions, made adverse reports in the following cases; which were laid upon the table, and ordered to be printed:

Petition of Jeremiah Pendergast for increase of pension;

Petition of Andulotia Pier; and
Petition of John Lane.

ANDREW TEMPLETON.

Mr. CUTLER, from the same committee, reported a bill granting an invalid pension to Andrew Templeton; which was read a first and second time, referred to a Committee of the Whole House on the Private Calendar, and, with the accompanying report, ordered to be printed.

RUFUS L. HARVEY.

Mr. ELY, from the Committee on Invalid Pensions, reported a bill granting an invalid pension to Rufus L. Harvey; which was read a first and second time, referred to a Committee of the Whole House on the Private Calendar, and, with the accompanying report, ordered to be printed.

CHARLES GOODSPEED, ETC.

Mr. COBB, from the Committee on Invalid Pensions, made adverse reports in the following cases; which were laid upon the table, and ordered to be printed:

Petition of Charles Goodspeed; and
Petition of Samuel Goodrich.

VINCENNES LAND OFFICE.

Mr. JULIAN. I was absent when the Committee on Public Lands was called, and I ask unan

[blocks in formation]

read, as he does not know.

The bill was read. Mr. F. A. CONKLING. I must object to its being reported.

Mr. JULIAN. It involves only two or three hundred dollars, and the whole matter, according to the bill, is to be referred to the Secretary of the Interior.

Mr. F. A. CONKLING. I should, in any event, vote against the bill if it were put upon its passage. I can never vote for a bill so indefinite in its provisions, and I must object to its being reported.

UNITED STATES CONSUL AT TAMPICO.

Mr. COX, from the Committee on Military Affairs, reported a bill increasing temporarily the salary of the United States consul at Tampico; which was read a first and second time, referred to a Committee of the Whole House, and ordered to be printed.

GEORGE B. SIMPSON.

Mr. NOBLE. I wish to report back from the Committee on Patents a bill for the relief of George B. Simpson, and ask to put it upon its passage.

The bill, which was read, authorizes the Commissioner of Patents to rehear and determine, as in his discretion and judgment shall be required by the justice of the case, the application of George B. Simpson for letters patent for a certain invention claimed by him for the construction of what he denominates a submarine telegraphic cable, by the combination of gutta percha and metallic wire, in such form as to incase a wire or wires, or other conductors of electricity, within the non-conducting substance gutta percha; and whatever shall be required by justice and right in the application shall be granted by the Commissioner, the same as if the application had never been heretofore heard or decided; and that the hearing and final determination of the application shall be conducted and determined, in all other respects, in conformity to the laws in force governing like

cases.

Mr. NOBLE. I will state that for this improvement there has never been any patent granted; that in deciding upon the case, the Commissioner, in the first place, decided against the application upon the ground that it was not patentable. In so doing, it is conceded now by the officers that such decision was a mistake; and I say that inasmuch as there never has been a patent granted for this improvement, it is due to the inventor that this case should be again heard, and if he is entitled to a patent that it should now be granted, notwithstanding the first hearing of the case.

Mr. OLIN. It will be seen in a moment, if the House will listen, that this application is one of very great significance and importance. The invention sought to be put within the control of this man, if he be the original inventor, has long since gone into general use all over the country, and if we were now to subject the contrivance to a patent right, it would be of the greatest importance. Before I would consent to do that, I would desire to be furnished, not only with the evidence that this man is the original inventor, and that the invention was decided not to be patentable, but I would desire further that there should be no other objection to the granting of a patent of that description to the applicant who now asks the intervention of Congress to secure him a right which is of very great importance, and which affects the interests of the whole country. I would like to hear, and I think the House ought to hear, before they authorize the Commissioner of Patents to rehear this case and issue a patent of this description, all the facts of the case. They ought to know when this application was made, what were the objections to it, and whether it was conceded that he was the original inventor of arranging these telegraphic wires in the mode described in the application. I trust the House will not, without a moment's reflection, without a moment's consideration, pass a measure of so great importance as this, affecting the interest of the whole country. Every submarine telegraphic cable is now pre

pared precisely in this way, and it would give a monopoly of that whole business to this individual, who seems now, whatever his original equities may have been, to have lost the right to control and monopolize the business.

The invention has already passed into the common mechanical contrivances of every telegraphic wire submerged under water throughout the whole country. Now, I think the House should pause, or, at least, that they should consider carefully, all the circumstances attending the merits of this application, and that they should consider gravely whether they will, at this late day, after this thing has come into common use, as much so as table spoons, pass a law to invest any man with a monopoly of that business in this country. I am, therefore, opposed to putting this bill upon its passage. It may have merits, but I should like to understand the whole case before I am called upon to vote upon so grave a matter as this.

Mr. NOBLE. It is not proposed by this bill to grant to the applicant a patent right; it is simply proposed that his application therefor may be reheard by the Commissioner of Patents-the proper tribunal to hear such applications-and if it is right that the applicant should have a patent, then, and in that case, and in that case only, shall a patent be granted.

Mr. OLIN. Allow me to ask the gentleman a question. Does the gentleman mean by that, simply if it shall appear upon examination that the applicant was the original inventor of this contrivance, he shall have a patent, notwithstanding this article has gone into common use throughout the country, and has been in public and unrestrained use for years? Does the gentleman mean that all those obstacles which would prevent the granting of a patent under ordinary circumstances shall be discarded and rejected, and that the applicant shall have a patent, if he can satisfy the Commissioner that he was in fact the original inventor, and that all other objections shall be waived?

Mr. NOBLE. I will answer the inquiry of the gentleman by stating that the laws upon the subject will not prevent any objections being made before that tribunal that are competent to be made at any time. They can always be offered in evidence against the issuing of a patent, and it is proposed now by this bill, simply to give the applicant a rehearing of his application, and not to prevent the urging of any objection whatever against the issuing of a patent and against the right.

Now, if it is true that the applicant is not the original inventor, that would be a proper subject to be urged against the application before the Commissioner. If it is true that he has abandoned the application, that, too, is a question to be decided by that tribunal. If it is true that by neglect, or any other means, he has abandoned his claim to the patent, that is a proper subject to be investigated by the Commissioner, and decided upon according to the right and justice of the case. The purpose of the bill is that the question of right shall be transferred to the proper tribunal.

Mr. OLIN. Will the gentleman accept a bill providing that the Commissioner shall rehear the application, and decide it according to the estab lished rules of law and practice of the Commissioner of Patents?

Mr. NOBLE. Those are the express words of the provisions of my bill.

Mr. OLIN. Oh, no.

Mr. NOBLE. I beg the gentleman's pardon. Mr. OLIN. Not by any manner of means. Mr. NOBLE. If I can be furnished with a copy of the bill, I can show in a moment that it is so. Mr. OLIN. I will read a portion of the bill. It says:

That the Commissioner of Patents be, and he is hereby,

[ocr errors]

and judgment shall be required by the justice of the case, the application of George B. Simpson for letters patent for a certain invention; and whatever shall be required by justice and right in the application, shall be granted by the said Commissioner the same as if said application had never been heretofore heard or decided. Mr. NOBLE. The gentleman does not read the whole bill.

Mr. OLIN. I have read sufficient to show the principle upon which the Commissioner is to decide the case. My friend is a lawyer, and he will see that this bill expressly invests the Commis sioner of Patents with the power to rehear and

[blocks in formation]

Mr. NOBLE. I am perfectly willing to do that. Mr. OLIN. If the gentleman will modify this bill accordingly I shall have no objection.

Mr. NOBLE. The bill does that already; but if there is any doubt about it, I will make the modification. Let me read the second section of the bill to show that I am right:

SEC. 2. And be it further enacted, That the hearing and final determination of the said application shall be conducted and determined, in all other respects, in conformity to the laws in force governing like cases.

But I will modify the bill by inserting after the word "justice" in the first section, the words "and law of the case."

MESSAGE FROM THE PRESIDENT.

A message from the President, by Mr. NICOLAY, his Private Secretary, informed the House that the President had approved and signed a bill for the relief of Francis Hüttmann.

GEORGE B. SIMPSON-AGAIN.

Mr. NOBLE. I will modify my amendment so as to put it in better shape. I move to insert, after the word "by," the words "law and;" so that it will read, " be required by law and the jus

tice of the case."

The amendment was agreed to.

Mr. OLIN. And now I would like the gentleman to insert a provision saving the right of all persons engaged in the manufacture of the article.

Mr. NOBLE. That is saved by the law of the case, unless they have violated the rights of the inventor.

Mr. OLIN. But he has not got any rights.

Mr. NOBLE. If his application was on file? Mr. OLIN. His application has been made and denied, and the community are engaged in the manufacture of the article. You do not propose to have the patent right granted to take effect so as to render all the men now engaged in the manufacture of the article liable to prosecution for infringing the patent. Just modify your bill so as to protect their rights.

ents to grant such renewal or extension or withhold the same under existing laws, in the same manner as if the application had been seasonably made, provided that such renewal or extension shall not have the effect or be construed to restrain persons who may be using the machinery invented by said Goulding at the time of the renewal and extension from continuing the use of the same, nor to subject them to any claim for damages for having so used the same.

Mr. RICE, of Maine. I will state to the House that this inventor obtained a patent for machinery for the manufacture of wool and other fibrous substances, but having met with great opposition and litigation, he did not realize any profit from the invention. He wrote a letter to the Commissioner of Patents, asking at what time he should apply for an extension. The Commissioner replied that he might apply any time before the expiration of the letters patent. The inventor, being misled by that answer, did not apply until a few days before the expiration of the letters patent, when the Commissioner informed him that it was too late. This bill simply proposes to give him the right to correct the mistake committed by the Commissioner. It saves the rights of all those who have used this machinery, or who have it in use, and only applies to those who may manufacture this machinery for future use. This Mr. Goulding has been an inventor all his days, and has met with the usual fate of inventors. He is now very poor, and a very worthy man. He only asks that the case may go back to the Commissioner under the law. The bill is very carefully guarded, and merely gives the inventor the same rights which he would have had had he not been misled by the action of the Commissioner. I move the previous question.

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

The substitute was agreed to.

The bill was then ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed.

Mr. RICE, of Maine, moved to reconsider the vote by which the bill was passed; and also moved to lay the motion to reconsider upon the table.

The latter motion was agreed to.

VINCENNES LAND OFFICE-AGAIN.

Mr. JULIAN. I again ask unanimous consent Mr. NOBLE. There can have been no infringe- to report from the Committee on Public Lands, ment of the patent up to this time, surely; and if with a view to put upon its passage, a bill for the there has been any infringement since the appli-relief of the register of the land office at Vincation has been made, then they should be liable.

Mr. OLIN. Why, certainly not. Your application has been made and denied, and of course nobody ought, by an act of Congress reviving the application, to be subjected to penalties if your application is subsequently granted.

Mr. NOBLE. I do not think the amendment proposed by the gentleman is right, and I will not offer it myself, and I hope it will not be adopted. But, rather than run the risk of the defeat of the bill for want of this proposition being made, I will yield to the gentleman to offer the amendment.

Mr. OLIN. I move to add at the end of the first section the following proviso:

Provided, however, That this application shall not affect any existing right or interest in the manufacture of the article sought to be patented.

The amendment was agreed to.

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

Mr. NOBLE moved to reconsider the vote by which the bill was passed; and also moved to lay the motion to reconsider upon the table. The latter motion was agreed to.

JOHN GOULDING.

Mr. RICE, of Maine, from the Committee on Patents, reported back, with an amendment in the nature of a substitute, the bill of the House (No. 329) for the relief of John Goulding.

The substitute was read. It authorizes John Goulding to apply to the Commissioner of Patents for a renewal and extension for the term of seven years from the time of such renewal, of the letters patent heretofore granted to him for his improvements in machinery for the manufacture of wool and other fibrous substances; and it authorizes and empowers the Commissioner of Pat

cennes, Indiana, and for other purposes.

Mr. F. A. CONKLING. Iobjected to this bill this morning. I now withdraw the objection.

There being no objection, the report was received. The bill directs the Secretary of the Interior to make such allowance for office rent during the temporary continuance of the land office at Vincennes, Indiana, as may, in his opinion, be just and proper. It also authorizes the Secretary of the Interior to adjust the accounts of John Moore, postmaster at Vincennes, Indiana, and allow him at the usual rates for such services, and compensation for the custody of the books, papers, &c., of the land office during the time the same were in his charge under instructions from the Commissioner of the General Land Office, the allowance to be paid out of the appropriation for incidental expenses of land offices; provided the total sum paid under the bill shall not exceed $500.

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

Mr. JULIAN moved to reconsider the vote by which the bill was passed; and also moved to lay the motion to reconsider upon the table. The latter motion was agreed to.

PENSION BILL.

Mr. FENTON. I ask the unanimous consent of the House that my friend from Maine [Mr. GOODWIN] may report back from the Committee on Invalid Pensions the bill giving pensions to the officers and soldiers of the Army who are disabled in the service, and the widows and children of those who have died in the service, and that the House shall take it up at this time. The bill has been well considered by the committee, and has been matured after full and free conference with the Commissioner of Pensions and the Secre

tary of the Interior. I have no idea that it will meet with a single objection in the House.

There being no objection, Mr. GOODWIN, from the Committee on Invalid Pensions, reported back bill of the House No. 438, to grant pensions.

The bill was read. It provides that if any officer, non-commissioned officer, musician, or private of the Army, including regulars, volunteers, and militia, or any officer, non-commissioned officer, musician, seaman, ordinary seaman, flotillaman, marine, clerk, landsman, pilot, or other person in the Navy or Marine Corps, has been, since the 4th of March, 1861, or shall hereafter be, disabled by reason of any wound received or disease contracted while in the service of the United States, and in the line of duty, he shall, upon making due proof of the fact according to such forms and regulations as are or may be provided by or in pursuance of law, be placed upon the list of invalid pensions of the United States, and be entitled to receive, for the highest rate of disability, such pension as is provided in such cases, and for an inferior disability an amount proportionate to the highest disability, to commence as provided, and continue during the existence of such disability. The pension for a total disability for officers, noncommissioned officers, musicians, and privates employed in the military service of the United States, whether regulars, volunteers, or militia, and in the Marine Corps, shall be as follows: lieutenant colonel, and all officers of a higher rank, thirty dollars per month; major, twenty-five dollars per month; captain, twenty dollars per month; first lieutenant, seventeen dollars per month; second lieutenant, fifteen dollars per month; and non-commissioned officers, musicians, and privates, eight dollars per month. The pension for total disability for officers, non-commissioned officers, and others employed in the naval service of the United States, shall be as follows: captain, commander, lieutenant-commanding, and mastercommanding, thirty dollars per month; lieutenant, chief engineer, surgeon, and passed assistant surgeon, twenty-five dollars per month; professor of mathematics, assistant surgeon, chaplain, paymaster, and master, twenty dollars per month; first assistant engineers, pilots, and assistant paymasters, fifteen dollars per month; teacher, schoolmaster, passed midshipman, midshipman, captain's and paymaster's clerk, second and third assistant engineer, master's mate, and all warrant officers, ten dollars per month; all other petty officers, and all other persons before named employed in the naval service, eight dollars per month; and all commissioned officers, of either service, shall receive such and only such pension as is herein provided for the rank in which they hold commissions.

The second section provides that if any officer or other person named in the first section of this act has died since the 4th day of March, 1861, or shall hereafter die, by reason of any wound received or disease contracted while in the service of the United States, and in the line of duty, his widow, or, if there be no widow, his child or children under eighteen years of age, shall be entitled to receive the same pension as the husband or father would have been entitled to had he been totally disabled, to commence from the death of the husband or father, and to continue to the widow during her widowhood, or to the child or children until they severally attain to the age of eighteen years, and no longer.

The third section provides that where any officer or other person named in the first section of this act shall have died subsequently to the 4th day of March, 1861, or shall hereafter die, by reason of any wound received or disease contracted while in the service of the United States, and in the line of duty, and has not left or shall not leave a widow or legitimate child, but has left or shall leave a mother who is a widow and who was dependent upon him for support, in whole or in part, the mother shall be entitled to receive the same pension as such officer or other person would have been entitled to had he been totally disabled; which pension shall commence from the death of the officer or other person dying as aforesaid; provided, however, that if such mother shall herself be in receipt of a pension as a widow, in virtue of the provisions of the second section of this act, in that case no pension or allowance shall be granted to her on account of her son, unless she gives up the other pension or allowance; and provided, fur

ther, that the pension given to a mother on account of her son shall terminate on her remarriage; and provided, further, that nothing in the act shall be so construed as to entule the mother of an officer or other person dying, as aforesaid, to more than one pension at the same time under its pro

visions.

The fourth section provides that where any officer or other person named in the first section of this act shall have died subsequently to the 4th day of March, 1861, or shall hereafter die, by reason of any wound received or disease contracted while in the service of the United States, and in the line of duty, and has not left or shall not leave a widow, or legitimate child, or mother, but has left or may leave an orphan sister or sisters, under eighteen years of age, who were dependent upon him for support, in whole or in part, such sister or sisters shall be entitled to receive the same pension as such officer or other person would have been entitled to had he been totally disabled; which pension to said orphan shall commence from the death of the officer or other person dying as aforesaid, and shall continue to the said orphans until they severally arrive at the age of eighteen years, and no longer.

The fifth section provides that the widow of any volunteer who shall hereafter be killed or die of wounds received or disease contracted while in the military service of the United States during the present rebellion, and before receiving the bounty herein provided for, and if no widow, the minor child or children, if any there be, and if no minor child or children, then the mother, and if no mother, then the father, of such deceased soldier, shall receive, in addition to all arrears of pay and allowances, the bounty of $100, authorized by the sixth section of an act entitled "An act to authorize the employment of volunteers to aid in enforcing the laws and protecting public propererty," approved July 22, 1861, and such bounty shall, in the order above named, be paid to such heirs only of said deceased. And no moneys shall be paid to such or to any heirs of any deceased soldier on account of bounty, back pay, or pension, who have in any way been engaged in or who have aided or abetted the existing rebellion in the United States; but the right of such disloyal heir or heirs of such soldier shall be vested in the loyal heir or heirs of the deceased, if any there be, in the order above named.

The sixth section provides that pensions which may be granted, in pursuance of the provisions of this act, to persons who may have been, or shall be, employed in the military or naval service of the United States, shall commence on the day of the discharge of such persons in all cases in which the application for such pensions is filed within one year after the date of said discharge; and in cases in which the application is not filed during said year, pensions granted to persons employed as aforesaid shall commence on the day of the filing of the application.

The other sections provide the details for carrying out the provisions of the bill.

Mr. GOODWIN. Mr. Speaker, the bill under consideration has been carefully prepared and considered by the Committee on Invalid Pensions, and has been reported in accordance with the unanimous vote of that committee. It has been submitted to the Commissioner of Pensions and has received his approval. I move to amend the fourth section by adding merely what was accidentally omitted. It is to add the following provision:

Provided however, That nothing herein shall be construed so as to entitle said orphans to more than one pension at the same time under the provisions of this act.

There being no objection, the amendment was received, and agreed to.

Mr. GOODWIN. I suppose that this bill will not give rise to any discussion, and I propose to move the previous question.

Mr. FENTON. Will the gentleman give way to me one moment?

Mr. GOODWIN. Certainly, sir.

Mr. FENTON. I wish to offer an amendment as an additional section to the bill.

The SPEAKER. It can only be done by unanimous consent.

the Interior be, and he is hereby, authorized to make, or cause to be made, a revision of such of the pension laws of the United States as he may deem necessary and proper to be made.

Mr. WOOD, by unanimous consent, offered the following amendment; which was agreed to: Section three, strike out the words "who is a widow, and" so that it will read: "but has left or shall leave a mother who was dependent upon him for support."

Mr. GOODWIN. I now move the previous question.

Mr. F. A. CONKLING. I ask the gentleman to withdraw the previous question.

Mr. GOODWIN. I think I must insist on it. Mr. ODELL. I hope the gentleman will yield. I wish to offer an amendment.

Mr. GOODWIN. The bill has been well considered, and I hope it will be put upon its passage. Mr. McPHERSON. I do not want to offer an amendment, I merely wish to suggest one point.

The SPEAKER. No debate is in order unless the demand for the previous question be withdrawn.

The demand for the previous question was not withdrawn.

The question was taken, and the previous question was not seconded.

Mr. McPHERSON. The provision is made in the second section that in case an officer dies

by reason of any wound, &c., his widow, or if there be no widow, his child or children shall be entitled to a pension, and it is provided in another section that if the widow shall marry, she forfeits the pension. There is no provision, however, by which, in that case, the pension is secured to the children till they become eighteen years of age. This is, I think, an omission.

Mr. GOODWIN. The construction which the gentleman from Pennsylvania desires is put at present by the Pension department on similar language used in the present law. That language has been adopted from acts now in force.

Mr. LOVEJOY. I suggest to the gentleman from Pennsylvania that he move an amendment by striking out the word "or," in the eleventh line, and inserting in lieu the words "and in case of remarriage."

Mr. MCPHERSON. Let the gentleman offer

that amendment himself.

The SPEAKER. No amendment is in order, except by unanimous consent of the House. Mr. WASHBURNE. I object to all amend

ments.

Mr. ODELL. I ask leave to offer the following amendment:

Section five, line eight, add: "if no widow, minor child, mother or father, then the brothers and sisters under eighteen years of age."

The SPEAKER. No amendment is in order, except by unanimous consent. Objection was made.

Mr. OLIN. Mr. Speaker, I was about to suggest to the House that the consideration of this Bill be deferred for three or four days. I suppose that there is a necessity for acting on this measure within a very short period of time. 1 think the country desires that; but I think, also, that the House has not read, and is not acquainted with, the provisions of this bill to the extent that would enable it to act understandingly on the bill. I am quite sure that I have not read it myself. I have only listened to it as it was casually read by the Clerk at the desk, and I would hazard nothing in saying that not one member out of ten has read the bill through. Now, in a measure of so grave importance as this bill is, involving a policy which commits the country to the payment of so large a sum of money, I think the House ought to consider it understandingly, and act on it in full view of the responsibilities which it involves. I would suggest Tuesday or Wednesday of the coming week-say Tuesday-that this bill shall be taken up and acted on definitely by the House.

Mr. FENTON. Will the gentleman yield to me for a moment?

Mr. OLIN. Oh, yes; I will yield to any member of the committee.

Mr. FENTON. I am not a member of the Committee on Invalid Pensions; but I have met with that committee, or some of its members, two or three times for the purpose of aiding them, if I could, in perfecting this measure. I know that the Commissioner of Pensions has been also with the committee, and after mature deliberation and SEC. 13. And be it further enacted, That the Secretary of considerable time spent, they have brought forth

There being no objection, the following amendment as an additional section was received and agreed to, namely:

this bill, which I think is very perfect in all its provisions. It is very important that it should be passed without unnecessary delay. I am not disposed, myself, to press it on the immediate considcration of the House. Two or three days will of course be given to it, if deemed proper by the majority, or should the committee who have this bill in charge indicate a desire for its postponement. But I do ask that the House shall not delay many days this measure of justice to the soldiers, and the widows and children of those who die in the service. It will be seen by the decision of the Attorney General, recently reported to Congress, that there is no law by which those who are now in the volunteer service can be pensioned except the law of 1802, which is very inadequate in its provisions. Neither is there any law by which the widows and children of those who fall in the defense of the country may be pensioned. This bill is intended to remedy the difficulties and defects of the present law, and I believe that it has been as well considered, and is as perfect in all its provisions, as it is likely to be made in the House, after elaborate discussion, and the various propositions for amendment which gentlemen may have to offer. I leave the question of postponement, however, with others.

Mr. WASHBURNE. I have coöperated with my friend from New York [Mr. FENTON] in trying to get this bill before the House at an early period; but I am surprised in seeing that the rates of pension are not so high as I desired. For instance, the pension to a lieutenant colonel is thirty dollars per month, to a major twenty-five dollars, and to a captain twenty dollars. I do not think that these rates are high enough, and I desire to see them increased.

I

Mr. GOODWIN. I only wish to remark that the rates fixed for pensions of the Army are precisely the same as those now fixed by law. It is estimated that under these rates the pensions, supposing this war to continue for two years, would be between five and six millions per annum. am inclined to think it will be nearer ten millions. With these facts before us, I do not think it would be advisable to raise the rates of pensions and impose upon the country, already sufficiently burdened, additional liabilities.

Mr. OLIN. Now, Mr. Speaker, I do not by any means rise to move to postpone this bill, because I am opposed to it as a whole, or to any feature of it. But what I do object to is, that, in a matter of so great moment as this bill is, the House should take it upon the suggestion of any one member of the House that, in his judgment, it is just as perfect a bill as can be drawn. I do not know but it is so; but I certainly object to the House passing a measure of this importance upon the mere statement of any member or any committee that, in their judgment, it is a good bill.

One gentleman states that he is not a member of the committee which reported this bill, but that he consulted with the committee in relation to it. Now, I believe this bill was only placed on the files of the House this morning; and, of course, no member of the House, unless he is a member of the committee, or has been in consultation with them, or with the Commissioner of Pensions, has read the bill through. I think it does not reflect credit upon the legislation of the House, when they propose a bill that will involve upon the country a cost of many millions of dollars a year, without a member of the House, outside the committee that reported it, understanding what are its provisions, or being able to give it any consideration. So far as I am concerned, I have never asked, and never will ask, the House to pass any bill upon my certificate, or the certificate of any committee of which I am a member, that, in their judgment, it is a wise measure, and may safely be passed without consideration.

Now, I venture to say that there is not a member of this committee who can tell within $10,000,000 how much will be involved by the passage of the bill. I am by no means disposed to oppose such a bill properly considered. I understand that it is desirable that some action shall be taken upon the subject with as little delay as possible, and I am willing, therefore, that it shall be postponed to the earliest day which will give the House an opportunity of examining it.

Mr. WOOD. I will state that the committee have met some thirty times for the consideration of this bill.

Mr. OLIN. I have no doubt of it; and it is a good committee, too, I presume.

Mr. WOOD. The bill has been drawn at the suggestion of the Commissioner of Pensions. Mr. OLIN. What does he knew about it more than the members of the House?

Mr. WOOD. I suppose the Commissioner of Pensions has more experience in these matters than most of the members of the House, and for myself I am generally willing to be controlled in these matters by those whose experience enables them better to judge of what is required.

Mr. ELY. I suggest to the gentleman that the bill be postponed until Tuesday next, and made a special order.

Mr. OLIN. That is the motion I intended to make. Will not that be satisfactory to the gentleman from Maine?

Mr. GOODWIN. I will not object, if it can be made a special order. There is a pressing necessity for immediate action upon the bill.

There being no objection, the bill was postponed until Tuesday next, and made a special order.

ROBERT F. WINSLOW.

Mr.LOVEJOY. I ask the consent of the House to allow my colleague [Mr. RICHARDSON] to present the bill (H. R. No. 379) for the relief of Robert F. Winslow. This is a very meritorious case. This is private bill day, and as I understand the Committee of Elections intend to occupy a portion of the day, I hope it will be taken up and passed.

Mr. HOLMAN. I object to the consideration of any private bill.

TAXATION.

Mr. HOOPER. Mr. Speaker, I ask leave to present two remonstrances, numerously signed by the most important business houses in the city of Boston, members of the Board of Trade and others, against adopting the system of taxation recommended by the governments of the Boards of Trade in Boston and New York, which these intelligent and respectable remonstrants say will be destructive to the interests of a large portion of the mercantile community, and liable to diminish sensibly the revenue contemplated to be raised by taxation.

The SPEAKER. The gentleman must present his memorials under the rule at the Clerk's desk. PACIFIC RAILROAD.

Mr. CAMPBELL. I move that the rules be suspended, and that the House resolve itself into the Committee of the Whole on the state of the Union on the special order.

Mr. LOVEJOY. I move to postpone the special order until Monday next.

Mr. CAMPBELL. I do not know how the gentleman gets the floor to make that motion.

The SPEAKER. The gentleman from Pennsylvania having made his motion, which is not debatable, could not hold the floor, and the gentleman from Illinois had the right therefore to be recognized to make any motion which is in order.

Mr. LOVEJOY. This is private bill day and we have not had a single day this session, so far, in the consideration of private bills. I hope we shall go into committee to-day and take up the Private Calendar.

Mr. McKNIGHT. I move to amend the motion of the gentleman from Illinois, so as to postpone the Pacific railroad bill until the third Monday in December next. I do not think the House is in any temper to pass that bill now.

Mr. CAMPBELL. I will not object to the postponement of the special order until Monday if there is a general desire to take up the Private Calendar.

Mr. LOVEJOY. That is all I desire.

CALIFORNIA ELECTION.

Mr. DAWES. I desire, if the gentleman from Pennsylvania will give way for that purpose, to call up the case of F. F. Lowe, claiming a seat as a member of the House from California.

|

Mr. LOVEJOY. I hope the gentleman will not insist on that. Let us have one private bill day. | Mr. DAWES. I do not desire to press upon the House the consideration of this case against the wish of members. The party in the case is very anxious that it shall be taken up and disposed of to-day, and I desire to take it up to-day,

unless the House will feel that it is crowding upon good nature.

Mr. OLIN. Let me appeal to the gentleman from Massachusetts to waive that question for the day, as we have not had the Private Calendar under consideration any day during the present session, and that he will call up his case on any other day as early as he may desire.

Mr. DAWES. I suppose I have called it up, and it is now within the control of the majority of the House. If the House prefers to go to the Private Calendar, I certainly shall not object.

Mr. LOVEJOY. If it be in order, then I will move to postpone this election case, with a view of going into a Committee of the Whole House on the Private Calendar.

The SPEAKER. The Chair supposes it is in order to move to go into committee.

Mr. LOVEJOY. I will then move that the House resolve itself into a Committee of the Whole House on the Private Calendar.

Mr. KELLOGG, of Illinois. I desire, if it is in order, to move to recommit this Pacific railroad bill back to the special committee on that subject. The SPEAKER. The Chair does not know how that can be done. The bill is not before the House. Whenever it is before the House it will be in order to move to recommit it.

Mr. KELLOGG, of Illinois. I do not know myself that the motion is in order. I inquired for information.

REBEL BARBARITIES.

Mr. CLARK. I rise to a privileged question. I desire to submit a report from the Committee on Printing.

The SPEAKER. The Committee on Printing have the right to report at any time when there is no business before the House. The Chair does not think, however, the gentleman can submit his report at this time except by unanimous con

sent.

Mr. CLARK. I ask the consent of the House to report the following resolution:

Resolved, That there be printed for the use of the members of the House fifty thousand copies of the report of the joint committee on the conduct of the war, submitted to the Senate on the 30th of April last, in response to the resolution of the Senate directing the committee to collect evidence in regard to the barbarous treatment of the rebels at Manassas of the remains of officers and soldiers of the United States killed in battle there.

Mr. CRISFIELD. I object.

PRIVATE CALENDAR.

Mr. LOVEJOY. I ask now for a vote upon my motion to go into committee.

The motion was agreed to.

So the rules were suspended; and the House resolved itself into a Committee of the Whole House, and proceeded to the consideration of the Private Calendar.

This being objection day, the bills on the Private Calendar were taken up in their order and read; and those to which no objection was made were, without debate, laid aside to be reported to the House with the recommendation that they do pass.

JOHN SKIRVING.

A bill (C. C. No. 18) for the relief of John Skirving.

The bill directs the Secretary of the Treasury to pay to John Skirving $1,142 in full for his services in making designs, drawings, working drawings, and measurements, in and about the public buildings in the city of Washington, and other expenses attending the same, under the direction of the Commissioner of Public Buildings, from 1842 to 1852, inclusive.

Mr. FENTON. I hope that there will be no objection to passing over for the present these reports from the Court of Claims, in order that we may proceed with the consideration of the reports of the committees of the House. I presume that very few of the members have prepared themselves by reading the decisions of the Court of Claims, whereas they have looked at many of the cases reported from committees of this House. I move that the committee informally pass over the reports from the Court of Claims.

Mr. BIDDLE. I will not object if the pending bill be excepted from the gentleman's motion. It It provides for the payment of a small amount. has passed the Senate, the Court of Claims, and the Committee of Claims of this House, and its

merits are known to many of my colleagues. There can be no just objection to the bill, and I hope it will be laid aside to be reported to the House.

Mr. FENTON. I am willing to except that case from the operation of my motion. Mr. BIDDLE. Then let the bill for the relief of John Skirving be passed.

Mr. F. A. CONKLING. Is there a report in that case?

The CHAIRMAN. There is, but it is very voluminous.

Mr. BIDDLE. The case is a just one.

The bill was laid aside, to be reported to the House with the recommendation that it do pass. Mr. FENTON. I now move that the Court of Claims reports be informally passed over.

There was no objection; and the motion was agreed to.

[blocks in formation]

The bill provides that so much of what is known as the Oregon City claim, in the State of Oregon, as was not confirmed to private claimants under John McLaughlin by the eleventh section of an act to create the office of surveyor general of public lands in Oregon, and to provide for their survey, approved September 27, 1850, be confirmed to the legal representatives of John McLaughlin according to the provisions of his will, and that so much of the eleventh section as conflicts with this act be repealed; provided this act shall not be so construed as to divest any legal title acquired by the State of Oregon by virtue of any valid acceptance or application of the lands set apart in the eleventh section for the endowment of a university; and further, that the legal representatives of John McLaughlin shall be entitled to a patent, and the Commissioner of the General Land Office is directed to issue the same to them, for the land confirmed, in conformity to the provisions of this

act.

Mr. F. A. CONKLING. Is there any report in this case?

Mr. NOELL. There is not. This bill only grants to the heirs and legal representatives of John McLaughlin the same rights which were granted to other settlers.

Mr. F. A. CONKLING. Are there any rival claimants?

Mr. NOELL. There are none, and if there are they are provided for in the bill.

The bill was laid aside, to be reported to the House with the recommendation that it do pass.

ISRAEL FRISBIE.

A bill (H. R. No. 166) for the relief of the surviving children of Israel Frisbie, a revolutionary soldier. [Objected to by Mr. F. A. CONKLING.]

JOSEPH B. EATON.

A bill (H. R. No. 194) for the relief of Joseph B. Eaton.

The bill directs the proper accounting officers of the Treasury to pay, out of any money in the Treasury not otherwise appropriated, to Joseph B. Eaton, assignee of Moses Carson, the sum of $653, for twenty-five horses and saddles and three boxes of percussion caps, furnished by Moses Carson to Colonel Frémont's battalion of mounted volunteers on the 30th and 31st of October, 1846. It appears from the report of the committee that Mr. Eaton claims payment for twenty-five horses, one saddle, and a small lot of percussion caps, purchased of Moses Carson by Lieutenant J. W. Revere, of the United States Navy, for the use of the mounted volunteers commanded by Lieutenant Colonel John C. Frémont, in California, during the war with Mexico, in October, 1846, for which Lieutenant Revere gave his due bill, amounting to $653, to Carson, and which was transferred to the petitioner by Carson in the regular course of mercantile transactions in California.

The bill was laid aside, to be reported to the House with the recommendation that it do pass.

ROBERT BRENT.

A bill (H. R. No. 195) for the reciprocal extinguishment of certain claims between the Uni

1862.

THE CONGRESSIONAL GLOBE.

ted States and the representatives of Robert Brent, deceased.

land of William Aspinwall, for fortifications on
Staten Island, in the harbor of New York.

It appears from the report of the committee
that a conditional verbal agreement was made by
the proper authorities of the United States in 1854
with William Aspinwall for the purchase of addi-
tional land for fortifications on Staten Island, at
the Narrows of New York harbor, for $42,300;
that while the agreement was waiting the sanction
of Congress, Mr. Aspinwall, as he was leaving
the country for Europe, executed a deed to the
United States for the same, which deed he left
with his agent to be delivered whenever the pur-
chase money should be paid by the United States.
From inadvertence or inaccurate memory, the
price to be paid was therein stated to be $42,500,
instead of $42,300. While Mr. Aspinwall was
absent from the country in 1857, a special appro-

The bill directs that there be paid to Brigadier General Joseph G. Totten, out of any money in the Treasury not otherwise appropriated, $200, in The bill directs the Solicitor of the Treasury to full for so much advanced by Totten for the bendiscontinue and to cause to be entered satisfied all suits and proceedings upon the claim of the Uni-efit of the United States in the purchase of certain ted States against the representatives of Robert Brent, late Paymaster General of the United States Army, and against the representatives of Robert Y. Brent, his executor; such discontinuance and acknowledgment of satisfaction to be in full of all claims on the part of Robert Brent, or his representatives in his right, against the United States. It appears from the report of the committee that in the settlement of the accounts of the late Robert Brent, as paymaster and Paymaster General of the Army, from 1808 to 1829, of great disbursements amounting to $40,386,967 55, a balance of $20,004 94 principal, with interest thereon, is claimed as due from his estate to the United States, for which proceedings were instituted in the courts of the United States, many years ago, and are still undetermined. And the memorialists pray that these proceedings may be discontinued in consideration of the just and equitable claims,priation of $42,300 was made for the purchase of which they pray Congress to allow as set-off, of the estate against the United States. That, between the years 1808 and 1816, the office of Robert Brent was changed into that of Paymaster General, and a large addition made to the Army, by reason of the war with Great Britain, whereby greatly increased duties and responsibilities were imposed upon him without any corresponding increase of compensation, not only in the payment of the regular Army, but in the disbursements of great sums in the payment of the militia and volunteers. In addition to which was imposed on him the paying the half-pay pensioners, from all of which his successors, though receiving much larger compensation, have been exempted.

Mr. OLIN. The report in this case was unanimously made from the Committee on Military Affairs. The bill does not involve the payment of a dollar. It only puts an end to a lawsuit which has been pending between the heirs of Robert Brent and the United States for upwards of forty years, and has embarrassed a piece of property which would have been owned by a couple of young girls, one of whom has recently deceased.. hope this bill will be laid aside to be reported to the House, so that this lawsuit may be disposed of. The bill was laid aside, to be reported to the House with the recommendation that it do pass. FREDERICK F. BROSE.

A bill (H. R. No. 218) for the relief of the legal representatives of Frederick F. Brose, deceased. The bill directs the Treasurer to pay out of the Treasury to the legal representatives of Frederick F. Brose, an amount of money equal to the regular pay of a lieutenant in the Navy from the 13th of October, 1853, to the 22d of April, 1854, after deducting therefrom the amount paid to him as midshipman during that period.

It appears from the report of the committee that Passed Midshipman Frederick F. Brose, while on board the United States frigate Savannah, by order of Commander Samuel Mercer, performed the duties of lieutenant, there being no lieutenant on board the vessel; that he performed the duties from the 13th of October, 1853, to the 22d of April, 1854; and the commander certifies that he performed the duties to his entire satisfaction.

The bill was laid aside, to be reported to the House with the recommendation that it do pass. ARCHIBALD C. CRARY.

A bill (H. R. No. 229) for the relief of Archibald C. Crary, heir-at-law of Colonel Archibald Crary, and pay for services of Colonel Crary, deceased. [Objected to by Mr. F. A. CONKLING.]

FREDERICK VINCENT.

A bill (H. R. No. 299) for the relief of Frederick Vincent, administrator of James Le Caze, surviving partner of Le Caze & Mallet. [Objected to by Mr. F. A. CONKLING.]

MAJOR JOHN RIPLEY.

A bill (H. R. No. 264) for the relief of the heirs of Major John Ripley. [Objected to by Mr. Cox.]

BRIGADIER GENERAL JOSEPH G. TOTTEN.

A bill (H. R. No. 272) for the relief of Brigadier General Joseph G. Totten.

the property in question. General Totten was, at
the time the appropriation was made, at the head
of the engineer department. Lieutenant Gillmore
was the officer in charge of the disbursements for
the particular branch of service for which the
money was appropriated. The sum appropriated
being $200 short of the consideration named in
the deed, the property could not be secured with-
out the advance, from some other source than the
General Totten had
appropriation, of that sum.
been urgently pressing the purchase of the prop-
erty in question for years, and deeming the ac-
quisition of it as of vast importance to the United
States, and that no further time ought to be lost,
he directed Lieutenant Gillmore to pay the addi-
Upon
tional $200 out of the fund in his hands appropri-
ated for "contingencies of fortifications."
the settlement of Lieutenant Gillmore's accounts,
the accounting officer at first refused to allow this
item, there being no law authorizing the expend-
iture. Upon evidence, however, that the $200
was paid by order of the commanding officer, they
modified their decision so as to correspond with
Army Regulations, (paragraph nine hundred,)
which provides that the subordinate, under such
circumstances, shall have credit, and the sum so
credited "shall be charged to the officer who or-
dered" the expenditure, and allowed the credit to
Lieutenant Gillmore, and debited it to the account
of General Totten, who thereupon paid the same
into the Treasury.

The bill was laid aside, to be reported to the
House with the recommendation that it do pass.

THOMAS FORSTER.

A bill (H. R. No. 273) for the relief of Thomas
Forster.

The bill directs that there be paid to Thomas
Forster, out of any money in the Treasury not
otherwise appropriated, $2,250, for services in
taking care of the public property at Dunkirk har-
bor, in New York, for three years and one
month, namely, from December 1, 1856, to De-
cember 31, 1859, both days inclusive, at two dol-
lars per day.

to pay to the surviving children of Israel Frisbie,
late a soldier in General Wooster's regiment, the
pension due his widow, Esther Frisbie, deceased,
for the term of five years, under the act of June
7, 1838, amounting to $480.

It appears from papers presented that Israel
Frisbie enlisted in the spring of 1775 as a private
in a company commanded by Captain Phineas
Porter, belonging to General Wooster's regiment,
at Waterbury, Connecticut, and served for eight
months, and until he was honorably discharged;
that in the spring of 1776 he again enlisted as a
private in a company commanded by Captain
John Lewis, belonging to Colonel Douglass's regi-
ment, at Waterbury, and served for eight months,
and until he was honorably discharged in Decem-
ber, 1776. It also appears that he served at dif-
ferent periods during the war of the Revolution
after December, 1776, but the length of time is
not proved. It is also shown that he married
Esther Frisbie-then Esther Tyler-in February,
1793, and that they had several children, and that
they lived together until the 8th of February, 1825,
when Israel Frisbie died at Spafford, Onondaga
County, New York; that Esther Frisbie remained
his widow up to the time of her death, which
occurred June 16, 1842.

Mr. DUELL. My friend from Ohio, [Mr.TRIMBLE] says he is disposed to object to all these old claims. This is not an old claim. It is a claim for a pension due to a widow of a revolutionary soldier under the act of 1838, and it is not a claim which has been here upon the Calendar year after year. This is the first time it has been presented to this body for adjudication. I therefore ask the gentleman from Ohio to withdraw his objection. It is a claim for only $480.

Mr. TRIMBLE. Upon the assurance of the gentleman that this is the first time this bill has been presented, I will withdraw the objection.

No further objection being made, the bill was laid aside, to be reported to the House with the recommendation that it do pass.

MAJOR JOHN RIPLEY-AGAIN. Mr. LOOMIS. I ask the unanimous consent bill No. up of the Committee to go back and take 264, for the relief of the heirs of Major John Ripley. I understand the gentleman from Ohio is ready to withdraw his objection.

Mr. COX. I withdraw my objection, if the report shall be read.

The report was read.

Mr. F. A. CONKLING objected.

B. Y. SHELLEY.

A bill (H. R. No. 274) to pay B. Y. Shelley for his claim and improvements taken from him by the Omaha reservation in the Territory of Nebraska.

The bill, which was read, appropriates out of any moneys in the Treasury not otherwise appropriated, to Benneville Y. Shelley, $1,315, in full for all claims against the Government of the United States for his "claim" and improvements thereon, which were taken from him by the United States for the Omaha reservation, in Nebraska Territory, in 1855.

The report was read; and no objection being made, the bill was laid aside, to be reported to the House with the recommendation that it be passed.

RESERVATION OF THE WINNEBAGOES.

It appears from the report that the petitioner performed services as custodian of the public property belonging to Dunkirk harbor improveA bill (II. P. No. 275) for the relief of prement, New York, from December 1, 1856, to December 31, 1859, both inclusive, being eleven hunemptors on the home reservation of the Winnedred and twenty-six days. For this service Mr. Forster charges two dollars per day, and Lieu-bagoes in the Blue Earth region, in the State of tenant Colonel Graham certifies "that the rate of compensation charged, and the time to which Mr. Forster was last paid, namely, until December 1, 1856, are in accordance with Colonel William Turnbull's official report, dated Oswego, December 16, 1856," at which time Colonel Turnbull was relieved by Colonel Graham.

The bill was laid aside, to be reported to the
House with the recommendation that it do pass.

ISRAEL FRISBIE-AGAIN.

Mr. DUELL. My colleague withdraws his objection to House bill No. 166, for the relief of the surviving children of Israel Frisbie, a revolutionary soldier, and I ask that it be again taken

up.

There was no objection.

The bill directs the Secretary of the Treasury

Minnesota.

The bill was read.

Mr. F. A. CONKLING. I would inquire of the chairman of the Committee on Indian Affairs what number of settlers are referred to in the first section of the bill?

Mr. ALDRICH. Some forty or fifty. I hope there will be no objection to the passage of this bill. It does not propose to appropriate a single cent. It merely proposes to investigate the claims of these parties.

Mr. F. A. CONKLING. Let the report be read.

The CHAIRMAN. There is no report. Mr. F. A. CONKLING. Then I object to the bill. I do it with extreme reluctance. I have examined section two of the bill since the gentleman from Minnesota stated that the bill made no

« PreviousContinue »