Page images
PDF
EPUB

GEORGE B. SIMPSON.

SYLVESTER COOKS.

imous consent to report a bill for the relief of the pared precisely in this way, and it would give a Mr. FENTON, from the same committee, re

register of the land office at Vincennes, Indiana, | monopoly of that whole business to this individported back Senate bill (No. 177) for the relief of and for other purposes..

ual, who seems now, whatever his original cquities Sylvester Cooks, with the recommendation that

Mr. F. A. CONKLING. Does that bill make may have been, to have lost the right to control it do pass; which was ordered to be read a third an appropriation?.

and

monopolize the business. time; and it was accordingly read the third time,

The SPEAKER. The Chair will have the bill The invention has already passed into the comand passed. read, as he does not know.

mon mechanical contrivances of every telegraphic Mr. FENTON moved to reconsider the vote The bill was read.

wire submerged under water throughout the by which the bill was passed; and also moved

Mr. F. A. CONKLING. I must object to its whole country. Now, I think the House should that the motion to reconsider be laid upon the table. being reported.

pause, or, at least, that they should consider careThe latter motion was agreed to.

Mr. JULIAN. It involves only two or three | fully, all the circumstances attending the merits

hundred dollars, and the whole matter, according WILLIAM SAWYER.

of this application, and that they should consider to the bill, is to be referred to the Secretary of the || gravely whether they will, at this late day, after Mr. EDGERTON, from the Committee on Pri Interior.

this thing has come into common use, as much so vate Land Claims, made an adverse report on the Mr. F. A. CONKLING. I should, in a.iy as table spoons, pass a law to invest any man petition of William Sawyerand others, and moved event, vote against the bill if it were put upon its with a monopoly of that business in this country. ihat it be laid upon the table.

passage. I can never vote for a bill so indefinite I am, therefore, opposed to putting this bill upon Mr. ALLEN. I hope that that case will be in its provisions, and I must object to its being its passage. It may have merits, but I should referred to the Commiitee of Claims, instead of reported.

like to understand the whole case before I am being luid upon the table.

UNITED STATES CONSUL AT TAMPICO. called upon to vote upon so grave a matter as this. The motion to lay upon the table was disagreed

Mr. COX, from the Committee on Military

Mr. NOBLE. It is not proposed by this will to, and the case was referred to the Committee of Claims.

to grant to the applicant a patent right; it is simAffairs, reported a bill increasing temporarily the ply proposed that his application therefor may be

salary of the United States consul at Tampico; | reheard by the Commissioner of Patents—the ARMY APPROPRIATION BILL.

which was read a first and second time, referred Mr. STEVENS, from the Committee of Ways to a Committee of the Whole House, and ordered

proper tribunal to hear such applications—and if and Means, reported a bill making appropriations to be printed.

it is right that the applicant should have a patent, for the support of the Army for the year ending

then, and in that case, and in that case only, shall the 30th of June, 1863; which was read a first

a patent be granted. and second time, referred to the Committee of the

Mr. NOBLE. I wish to report back from the Mr. OLIN. Allow me to ask the gentleman a Whole on the state of the Union, and ordered to

Committee on Patents a bill for the relief of question. Does the gentleman mean by that, simbe printed.

George B. Simpson, and ask to put it upon its ply if it shall appear upon examination that the

passage. MRS. FRANCES ANN MCAULEY.

applicant was the original inventor of this con

The bill, which was read, authorizes the Com- | trivance, he shall have a patent, notwithstanding Mr. CRITTENDEN. Mr. Speaker, the other missioner of Patents to rehear and determine, as this article has gone into common use throughout day I reported from the Committee on Foreign in his discretion and judgment shall be required the country, and has been in public and unreAffairs a bill for the relief of Mrs. Frances Ann | by the justice of the case, the application of George strained use for years? Does the

gentleman mean McCauley, and as the bill contained an appro- | B. Simpson for letters patent for a certain inven that all those obstacles which would prevent the priation, it was referred to a Committee of the

tion claimed by him for the construction of what granting of a patent under ordinary circumstances Whole House on the Private Calendar. I now he denominates a submarine telegraphic cable, by shall be discarded and rejected, and that the apask that, by unanimous consent, the committee the combination of gutta percha and metallic wire, plicant shall have a patent, if he can satisfy the be discharged from the further consideration of in such form as to incase a wire or wires, or other Commissioner that he was in fact the original inthat bill, and that it be put on its passage at this conductors of electricity, within the non-conduct ventor, and that all other objections shall be time.

ing substance gutta percha; and whatever shall waived ? Mr. PORTER objected.

be required by justice and right in the applica Mr. NOBLE. I will answer the inquiry of the ROBERT B. BRADFORD.

tion shall be granted by the Commissioner, the gentleman by stating that the laws upon the subMr. McKNIGHT, from the Committee on For

same as if the application had never been hereto. | ject will not prevent any objections being made

fore heard or decided; and that the hearing and before that tribunal that are competent to be made eign Affairs, reported back House bill (No. 367) for the relief of Robert B. Bradford, with the rec

final determination of the application shall be con at any time. They can always be offered in eviommendation that it do pass; which was referred

ducted and determined, in all other respects, in dence against the issuing of a patent, and it is to a Committee of the Whole House on the Pri

conformity to the laws in force governing like proposed now by this bill, simply to give the apvate Calendar, and, with the accompanying re

plicant a rehearing of his application, and not to port, ordered to be printed.

Mr. NOBLE. I will state that for this improve- prevent the urging of any objection whatever

ment there has never been any patent granted; || against the issuing of a patent and against the ADJOURNMENT OVER.

that in deciding upon the case, the Commissioner, right. Mr. MAYNARD moved that when the House in the first place, decided against the application Now, if it is true that the applicant is not the adjourns to-day, it adjourn to meet on Monday upon the ground that it was not patentable. In original inventor, that would be a proper subject to

so doing, it is conceded now by the officers that be urged against the application before the ComThe motion was agreed to.

such decision was a mistake; and I say that inas missioner. If it is true that he has abandoned the JEREMIAH PENDERGAST, ETC.

much as there never has been a patent granted for application, that, too, is a question to be decided

this improvement, it is due to the inventor that || by that tribunal. If it is true that by neglect, or Mr. CUTLER, from the Committee on Invalid

this case should be ngain heard, and if he is entiPensions, made adverse reports in the following

any other means, he has abandoned his claim to tled to a patent that it should now be granted, notcases; which were laid upon the table, and ordered

the patent, that is a proper subject to be inveswithstanding the first hearing of the case. tigaied by the Commissioner, and decided upon to be printed:

Mr. OLIN. It will be seen in a moment, if the according to the right and justice of the case. The Petition of Jeremiah Pendergast for increase of

House will listen, that this application is one of purpose of the bill is that the question of right pension;

very great significance and importance. The in- | shall be transferred to the proper tribunal. Petition of Andulotia Pier; and

vention sought to be put within the control of this Mr. OLIN. Will the gentleman accept a bill Petition of John Lane.

man, if he' be the original inventor, has long since providing that the Commissioner shall rehear the ANDREW TEMPLETON.

gone into general use all over the country, and if application, and decide it according to the estabMr. CUTLER, from the same committee, re we were now to subject the contrivance to a pat- | lished rules of law and practice of the Commisported a bill granting an invalid pension to An ent right, it would be of the greatest importance. sioner of Patents ? drew Templeton; which was read a first and sec

Before I would consent to do that, I would desire Mr. NOBLE. Those are the express words of ond time, referred to a Committee of the Whole to be furnished, not only with the evidence that the provisions of my bill. House on the Private Calendar, and, with the this man is the original inventor, and that the in Mr. OLIN. Oh, no. accompanying report, ordered to be printed. vention was decided not to be patentable, but I Mr. NOBLE. I beg the gentleman's pardon.

would desire further that there should be no other Mr. OLIN. Not by any manner of means. RUFUS L. HARVEY.

objection to the granting of a patent of that de Mr. NOBLE. If I can be furnished with a copy Mr. ELY, from the Committee on Invalid Pen- scription to the applicant who now asks the inter- of the bill, I can show in a moment that it is so sions, reported a bill granting an invalid pension vention of Congress to secure him a right which Mr. OLIN. I will read a portion of the bill. to Rufus L. Harvey; which was read a first and

is of very great importance, and which affects the second time, referred to a Committee of the Whole

interests of the whole country. I would like to That the Commissioner of Patents be, and he is hereby, House on the Private Calendar, and, with the ac hear, and I think the House ought to hear, before authorized to rehear and determine, as in his discretion companying report, ordered to be printed. they authorize the Commissioner of Patents to

and judgment shall be required by the justice of the case, CHARLES GOODSPEED, ETC. rehear this case and issue a putent of this descrip

the application of George B. Simpson for letters patent for a certain invention;

and whatever Mr. COBB, from the Committee on Invalid Pen

tion, all the facts of the case. They ought to know shall be required by justice and right in the application,

when this application was made, what were the shall be granted by the said Commissioner the same as if sions, made adverse reports in the following cases;

said application had never been heretofore heard or decided. which were laid upon the table, and ordered to be | objections to it, and whether it was conceded that printed:

he was the original inventor of arranging these Mr. NOBLE. The gentleman does not read Petition of Charles Goodspeed; and

telegraphic wires in the mode described in the ap the whole bill. Petition of Samuel Goodrich.

plication. I trust the House will not, without a Mr. OLIN. I have read sufficient to show the

moment's reflection, without a moment's consid- | principle upon which the Commissioner is to de. VINCENNES LAND OFFICE.

eration, pass a measure of so great importance as cide the case. My friend is a lawyer, and he will Mr. JULIAN. I was absent when the Com- l this, affecting the interest of the whole country. see that this bill expressly invests the Commiss mittee on Public Lands was called, and I ask unan Every submarine telegraphic cable is now pre- Il sioner of Patents with the power to rehear and

cases.

next.

It says:

decide this case according to what he thinks is ents to grant such renewal or extension or with tary of the Interior. I have no idea that it will just.

hold the same under existing laws, in the same meet with a single objection in the House. In other words, it invests him with entire and manner as if the application had been seasonably There being no objection, Mr. Goodwin, from unlimited discretion to decide this case as he sees made, provided that such renewal or extension the Committee on Invalid Pensions, reported back fit, upon the rehearing. What I desire is that the shall not have the effect or be construed to restrain bill of the House No. 438, to grant pensions. gentleman shall consent to take a bill which shall persons who may be using the machinery invented The bill was read. It provides that if any offiauthorize the Commissioner of Patents to rehear || by said Goulding at the time of the renewal and cer, non-commissioned officer, musician, or priand decide this case according to the rules of law extension from continuing the use of the same, vate of the Army, including regulars, volunteers, as established in the Patent Office.

nor to subject them to any claim for damages for and militia, or any officer, non-commissioned offiMr. NOBLE. I am perfectly willing to do that. having so used the same.

cer, musician, seaman, ordinary seaman, flouillaMr. OLIN. If the gentleman will modify this Mr. RICE, of Maine. I will state to the House man, marime, clerk, landsman, pilot, or other perbill accordingly I shall have no objection. that this inventor obtained a patent for machinery son in the Navy or Marine Corps, has been, since

Mr. NOBLE. The bill does that already; but for the manufacture of wool and other fibrous sub the 4th of March, 1861, or shall hereafter be, disif there is any doubt about it, I will make the mod stances, but having met with great opposition and abled by reason of any wound received or disease ification. Let me read the second section of the litigation, he did not realize any profit from the contracted while in the service of the United States, bill to show that I am right:

invention. He wrote a letter to the Commissioner and in the line of duty, he shall, upon making due Sec. 2. And be it further enacted, That the hearing and of Patents, asking at what time he should apply | proof of the fact according to sucli forms and reg. final determination of the said application shall be con for an extension. The Commissioner replied that ulations as are or may be provided by or in purducted and determined, in all other respects, in conformity to the laws in force governing like cases.

he might apply any time before the expiration of suance of law, be placed upon the lisí of invalid But I will modify the bill by inserting after the

the letters paient. The inventor, being misled pensions of the United States, and be entitled to

by that answer, did not apply until a few days word “justice" in the first section, the words

receive, for the highest rate of disability, such "and law of the case.

before the expiration of the letters patent, when || pension as is provided in such cases, and for an

the Commissioner informed him that it was too inferior disability an amount proportionate to the MESSAGE FROM THE PRESIDENT.

late. This bill simply proposes to give him the highest disability, to commence as provided, and A message from the President, by Mr. NicoLAY,

right to correct the mistake committed by the continue during the existence of such disability. his Private Secretary, informed the House that

Commissioner. It saves the rights of all those The pension for a total disability for officers, nonthe President had approved and signed a bill for

who have used this machinery, or who have it in commissioned officers, musicians, and privates the relief of Francis Hüttmann.

use, and only applies to those who may manufac employed in the military service of the United

ture this machinery for future use. This Mr. States, whether regulars, volunteers, or militia, GEORGE B. SIMPSON---AGAIN.

Goulding has been an inventor all his days, and and in the Marine Corps, shall be as follows: Mr. NOBLE. I will modify my amendment has met with the usul fate of inventors. He is lieutenant colonel, and all officers of a higher so as to put it in better shape. I move to insert, now very poor, and a very worthy man. He only || rank, thirty dollars per month; major, lwenty-five after the word “by," the words “law and;" so asks that ihe case may go back to the Commis dollars per month; captain, twenty dollars per that it will read," be required by law and the jus- | sioner under the law. The bill is very carefully || month;' first lieutenant, seventeen dollars per tice of the case.

guarded, and merely gives the inventor the same month; second lieutenant, fifteen dollars per The amendment was agreed to.

rights which he would have had had he not been month; and non-commissioned officers, musicians, Mr. OLIN. And now I would like the gentle- | misled by the action of the Commissioner. I move and privates, eight dollars per month. The pension man to insert a provision saving the right of all the

previous question.

for total disability for officers, non-commissioned persons engaged in the manufaciure of the article. The previous question was seconded, and the officers, and others employed in the naval service Mr. NOBLE. That is saved by the law of the main question ordered.

of the United States, shall be as follows: captain, case, unless they have violated the rights of the The substitute was agreed to.

commander, lieutenant-commanding, and masterinventor.

The bill was then ordered to be engrossed and commanding, thirty dollars per month; lieutenant, Mr. OLIN. But he has not got any rights. read a third time; and being engrossed, it was chief engineer, surgeon, and passed assistant surMr. NOBLE. If his application was on file? accordingly read the third time, and passed. geon, twenty-five dollars per month; professor of

Mr. OLIN. His application has been made Mr. RịĆE, of Maine, moved to reconsider the mathematics, assistant surgeon, chaplain, payand denied, and the community are engaged in vote by which the bill was passed; and also master, and master, twenty dollars per month; the manufacture of the article. You do not pro moved to lay the motion to reconsider upon the

first assistant engineers, pilots, and assistant paypose to have the patent right granted to take effect table.

masters, fifteen dollars per month; teacher,schoolso as to render all the men now engaged in the The latter motion was agreed to.

master, passed midshipman, midshipman, capmanufacture of the article liable to prosecution

tain's and paymaster's clerk, second and third for infringing the patent. Just modify your bill

VINCENNES LAND OFFICE-AGAIN.

assistant engineer, master's mate, and all warrant so as to protect their rights.

Mr. JULIAN. I again ask unanimous consent officers, ten dollars per month; all other petty ofMr. NOBLE. There can have been no infringe to report from the Committee on Public Lands, | ficers, and allother persons before named employed ment of the patent up to this time, surely; and if with a view to put upon its passage, a bill for the in the naval service, eight dollars per month; and there has been any infringement since the appli- relief of the register of the land office at Vin- || all commissioned officers, of either service, shall cation has been made, then they should be liable. cennes, Indiana, and for other purposes.

receive such and only such pension as is herein Mr. OLIN. Why, certainly not. Your appli Mr. F. A. CONKLING. I objected to this bill provided for the rank'in which they hold commiscation has been made and denied, and of course

sions. nobody ought, by an act of Congress reviving the There being no objection, the report was reapplication, to be subjected to penalties if your ceived. The bill directs the Secretary of the In or other person named in the first section of this application is subsequently granted.

terior to make such allowance for office rent during act has died since the 4th day of March, 1861, or Mr. NOBLE. I do not think the amendment the temporary continuance of the land office at shall hereafter die, by reason of any wound reproposed by the gentleman is right, and I will not Vincennes, Indiana, as may, in his opinion, beceived or disease contracted while in the service offer it myself, and I hope it will not be adopted. | just and proper. It also authorizes the Secretary of the United States, and in the line of duty, his But, rather than run the risk of the defeat of the of the Interior to adjust the accounts of John widow, or, if there be no widow, his child or chilbill for want of this proposition being made, I will || Moore, postmaster at Vincennes, Indiana, and dren under eighteen years of age, shall be entitled yield to the gentleman to offer the amendment. allow him at the usual rates for such services, and to receive the same pension as the husband or Mr. OLIN. I move to add at the end of the compensation for the custody of the books, papers,

father would have been entitled to had he been first section the following proviso:

&c., of the land office during the time the same totally disabled, to commence from the death of Provided, however, That this application shall not affect were in his charge under instructions from the the husband or father, and to continue to the any existing right or interest in the manufacture of the Commissioner of the General Land Office, the widow during her widowhood, or to the child or article sought to be patented.

allowance to be paid out of the appropriation for children until they severally attain to the age of The amendment was agreed to.

incidental expenses of land offices; provided the eighteen years, and no longer. The bill was ordered to be engrossed and read | total sum paid under the bill shall not exceed $500. The third section provides that where any offia third time; and being engrossed, it was accord The bill was ordered to be engrossed and road

cer or other rson named in the first section of ingly read the third time, and passed.

a third time; and being engrossed, it was accord this act shall have died subsequently to the 4th Mr. NOBLE moved to reconsider the vote by | ingly read the third time, and passed.

day of March, 1861, or shall hereafter die, by which the bill was passed; and also moved to lay Mr. JULIAN moved to reconsider the vote by reason of any wound received or disease contracted the motion to reconsider upon the table.

which the bill was passed ; and also moved to lay | while in the service of the United States, and in The latter motion was agreed to. the motion to reconsider upon the table.

the line of duty, and has not left or shall not leave JOIN GOULDING. The latter motion was agreed to.

a widow or legitimate child, but has left or shall

leave a mother who is a widow and who was deMr. RICE, of Maine, from the Committee on

PENSION BILL.

pendent upon him for support, in whole or in part, Patents, reported back, with an amendment in the Mr. FENTON. I ask the unanimous consent the mother shall be entitled to receive the same nature of a substitute, the bill of the House (No. of the House that my friend from Maine (Mr. Il pension as such officer or other person would have 329) for the relief of John Goulding.

GOODWIN) may report back from the Committee been entitled to had he been totally disabled; which The substitute was read. It authorizes John on Invalid Pensions the bill giving pensions to pension shall commence from the death of the offiGoulding to apply to the Commissioner of Pat the officers and soldiers of the Army who are dis cer or other person dying as aforesaid; provided, ents for a renewal and extension for the term of abled in the service, and the widows and children however, that if such mother shall herself be in seven years from the time of such renewal, of the of those who have died in the service, and that receipt of a pension as a widow, in virtue of the letters patent heretofore granted to him for his the House shall take it up at this time. The bill provisions of the second section of this act, in that improvements in machinery for the manufacture has been well considered by the committee, and case no pension or allowance shall be granted to of wool and other fibrous substances; and it au has been matured after fuỦ and free conference her on account of her son, unless she gives up the thorizes and empowers the Commissioner of Pat- || with the Commissioner of Pensions and the Secre- il other pension or allowance; and provided, fur

be made.

ther, that the pension given to a mother on ac the Interior be, and he is hereby, authorized to make, or this bill, which I think is very perfect in all its count of her son shall terminate on her remarriage;

cause to be made, a revision of such of the pension laws of
the United States as he may deem necessary and proper to

provisions. It is very important that it should be and provided, further, that nothing in the act shall

passed without unnecessary delay. I am not disbe so construed as to entiile the mother of an off

Mr. WOOD, by unanimous consent, offered

posed, myself, to press it on the immediate considcer or other person dying, as aforesaid, to more the following amendment; which was agreed to:

cration of the House. Two or three days will of than one pension at the same time under its pro

Section three, strike out the words " who is a widow, and"

course be given to it, if deemed proper by the visions.

so that it will read : “but has left or shall leave a mother majority, or should the committee who have this The fourth section provides that where any offi who was dependent upon him for support.”

bill in charge indicate a desire for its postponecer or other person named in the first section of Mr. GOODWIN. I now move the previous

ment. But I do ask that the House shall not delay this act shall have died subsequently to the 4th question.

many days this measure of justice to the soldiers, day of March, 1861, or shall hereafter die, by Mr. F. A. CONKLING. I ask the gentleman

and ihe widows and children of those who die in reason of any wound received or disease contracted to withdraw the previous question.

the service. It will be seen by the decision of the while in the service of the United States, and in Mr. GOODWIN. I think I must insist on it. Attorney General, recently reported to Congress, the line of duty, and has not left or shall not leave Mr.ODELL. I hope the gentleman will yield.

that there is no law by which those who are now a widow, or legitimate child, or mother, but has I wish to offer an amendment.

in the volunteer service can be pensioned except left or may leave an orphan sister or sisters,'un Mr. GOODWIN. The bill has been well con the law of 1802, which is very inadequate in its der cighteen years of age, who were dependent | sidered, and I hope it will be put upon its passage. provisions. Neither is there any law by which upon him for support, in whole or in part, such Mr. McPHERSON. I do not want to offer an The widows and children of those who fall in the sister or sisters shall be entitled to receive the same amendment, I merely wish to suggest one point.

defense of the country may be pensioned. This pension as such officer or other person would have The SPEAKER. No debate is in order unless bill is intended to remedy the difficulties and been cntitled to had he been totally disabled;

the demand for the previous question be with- || defects of the present law, and I believe that it has which pension to said orphan shall commence drawn.

been as well considered, and is as perfect in all its from the death of the officer or other person dying The demand for the previous question was not provisions, as it is likely to be made in the as aforesaid, and shall continue to the said orphans withdrawn.

House, after elaborate discussion, and the various until they severally arrive at the age of eighteen The question was taken, and the previous ques propositions for amendment which gentlemen years, and no longer. tion was not seconded.

may have to offer. I leave the question of postThe fifth section provides that the widow of Mr. McPHERSON. The provision is made ponement, however, with others. any volunteer who shall hereafter be killed or die

in the second section that in case an officer dies Mr. WASHBURNE. I have coöperated with of wounds received or disease contracted while in by reason of any wound, &c., his widow, or if

my friend from New York (Mr. FENTON) in trythe military service of the United States during | there be no widow, his child or children shull be ing to get this bill before the House at an early the present rebellion, and before receiving the entitled to a pension, and it is provided in another period; but I am surprised in seeing that the rates bounty herein provided for, and if no widow, the section that if the widow shall marry, she forfeits of pension are not so high as I desired. For inminor child or children, if any there be, and if no the pension. There is no provision, however, by stance, the pension to a lieutenant colonel is thirty minor child or children, then the mother, and if which, in that case, the pension is secured to the dollars per month, to a major twenty-five dollars, no mother, then the father, of such deceased solchildren till they become eighteen years of age.

and to a captain twenty dollars. I do not think dier, shall receive, in addition to all arrears of pay || This is, I think, an omission.

that these rates are high enough, and I desire to and allowances, the bounty of $100, authorized Mr. GOODWIN. The construction which the see them increased. by the sixth section of an act entitled “ An act to

gentleman from Pennsylvania desires is put at Mr. GOODWIN. I only wish to remark that authorize the employment of volunteers to aid in

present by the Pension department on similar the rates fixed for pensions of the Army are preenforcing the laws and protecting public proper- || language used in the present law. That language cisely the same as those now fixed by law. It is erty," approved July 22, 1861, and such bounty has been adopted from acts now in force.

estimated that under these rates the pensions, sup: shall, in the order above named, be paid to such Mr. LOVEJOY. I suggest to the gentleman || posing this war to continue for two years, would hcirs only of said deceased. And no moneys from Pennsylvania that he move an amendment

be between five and six millions per annum. I shall be paid to such or to any heirs of any de- || by striking out the word “or,” in the cleventh

am inclined to think it will be nearer ten millions. ceased soldier on account of bounty, back pay, line, and inserting in lieu the words "and in case

With these facts before us, I do not think it or pension, who have in any way been engaged of remarriage."

would be advisable to raise the rates of pensions in or who have aided or abetted the existing re Mr. McPHERSON. Let the gentleman offer and impose upon the country, already sufficiently bellion in the United States; but the right of such that amendment himself.

burdened, additional liabilities. disloyal heir or heirs of such soldier shall be

Mr. OLIN. Now, Mr. Speaker, I do not by vested in the loyal heir or heirs of the deceased, || except by unanimous consent of the House. any means rise to move to postpone this bill, beif any there be, in the order above named.

Mr. WASHBURNE. I object to all amend cause I am opposed to it as a whole, or to any The sixth section provides that pensions which

feature of it. But what I do object to is, that, in may be granted, in pursuance of the provisions Mr. ODELL. I ask leave to offer the follow a matter of so great moment as this bill is, the of this act, to persons who may have been, or | ing amendment:

House should iake it upon the suggestion of any shall be, employed in the military or naval service

Section five, line eight, add: "If no widow, minor child,

one member of the House that, in his judgment, of the United States, shall commence on the day mother or father, then the brothers and sisters under eigh it is just as perfect a bill as can be drawn. I do of the discharge of such persons in all cases in teen years of age.”

not know but it is so; but I certainly object to the which the application for such pensions is filed The SPEAKER. No amendment is in order, || House passing a measure of this importance upon within one year after the date of said discharge ; || except by unanimous consent.

the mere statement of any member or any comand in cases in which the application is not filed Objection was made.

mittee that, in their judgment, it is a good bill. during said year, pensions granted to persons Mr.OLIN. Mr. Speaker, I was about to sug One gentleman states that he is not a member employed as aforesaid shall commence on the day I gest to the House that the consideration of this of the committee which reported this bill, but that of the filing of the application.

Bill be deferred for three or four days. I suppose he consulted with the committee in relation to it. The other sections provide the details for car that there is a necessity for acting on this measure Now, I believe this bill was only placed on the rying out the provisions of the bill.

within a very short period of time. I think the files of the House this morning; and, of course, Mr. GOOD WIN. Mr. Speaker, the bill under country desires that; but I think, also, that the no member of the House, unless he is a member consideration has been carefully prepared and con House has not read, and is not acquainted with, of the committee, or has been in consultation with sidered by the Committee on Invalid Pensions, the provisions of this bill to the extent that would them, or with the Commissioner of Pensions, has and has been reported in accordance with the enable it to act understandingly on the bill. I am read the bill through. I think it does not reflect unanimous vote of that committee. It has been quite sure that I have not read it myself. I have credit upon the legislation of the House, when they submitted to the Commissioner of Pensions and only listened to it as it was casually read by the propose a bill that will involve upon the country has received his approval. I move to amend the Clerk at the desk, and I would hazard nothing in à cost of many millions of dollars a year, with. fourth section by adding merely what was acci- saying that not one member out of ten has read out a member of the House, outside the commitdentally omitted. It is to add the following pro the bill through. Now, in a measure of so grave tec that reported it, understanding what are its vision:

importance as this bill is, involving a policy which provisions, or being able to give it any considerProrided however, That nothing herein shall be construed commits the country to the payment of so large a ation. So far as I am concerned, I have never so as to entitle said orphans to more than one pension at sum of money, I think the House ought to con asked, and never will ask, the House to pass any the same time under the provisions of this act.

sider it understandingly, and act on it in full view bill upon my certificate, or the certificate of any There being no objection, the amendment was of the responsibilities which it involves. I would committee of which I am a member, that, in their received, and agreed to.

suggest Tuesday, or Wednesday of the coming judgment, it is a wise measure, and may safely Mr. GOODWIN. I suppose that this bill will week-say Tuesday-that this bill shall be taken be passed without consideration. not give rise to any discussion, and I propose to up and acied on definitely by the House.

Now, I venture to say that there is not a member move the previous question.

Mr. FENTON. Will the gentleman yield to of this conimittee who can tell within $10,000,000 Mr. FENTON. Will the gentleman give way me for a moment?

how much will be involved by the passage of the to me one moment?

Mr. OLIN. Oh, yes; I will yield to any mem bill. I am by no means disposed to oppose such Mr. GOODWIN. Certainly, sir. ber of the committee.

a bill properly considered. I understand that it Mr. FENTON. I wish to offer an amendment Mr. FENTON. I am not a member of the is desirable that some action shall be taken upon as an additional section to the bill.

Committee on Invalid Pensions; but I have met the subject with as little delay as possible, and ! The SPEAKER. It can only be done by unan with that committee, or some of its members, am willing, therefore, that it shall be postponed imous consent.

two or three times for the purpose of aiding them, to the earliest day which will give the House an There being no objection, the following amend. | if I could, in perfecting this measure. I know that opportunity of examining it. ment as an additional section was received and the Commissioner of Pensions has been also with Mr. WOOD. I will state that the committee agreed to, namely:

the committee, and after mature deliberation and have met some thirty times for the consideration Sec. 13. And be it further enacted, That the Secretary of considerable time spent, they have brought forth of this bill.

the speaker sko amendment

is in order, 1 bu

ments.

[ocr errors][ocr errors]

sent.

Mr. OLIN. I have no doubt of it; and it is a unless the House will feel that it is crowding upon merits are known to many of my colleagues. good committee, too, I presume. good nature.

There can be no just objection to the bill, and I Mr. WOOD. The bill has been drawn at the Mr. OLIN. Let me appeal to the gentleman || hope it will be laid aside to be reported to the suggestion of the Commissioner of Pensions. from Massachusetts to waive that question for the

House. Mr. OLIN, What does he knew about it more day, as we have not had the Private Calendar Mr. FENTON. I am willing to except that than the members of the House?

under consideration any day during the present case from the operation of my motion. Mr. WOOD. I suppose the Commissioner of session, and that he will call up his case on any Mr. BIDDLE. Then let the bill for the relief Pensions has more experience in these matters other day as early as he may desire.

of John Skirving be passed. than most of the members of the House, and for Mr. DA WES. I suppose I have called it up, Mr. F. A. CONKLING. Is there a report in myself I am generally willing to be controlled in and it is now within the control of the majority of that case ? these matters by those whose experience enables the House. If the House prefers to go to the

The CHAIRMAN. There is, but it is very them better to judge of what is required.

Private Calendar, I certainly shall not object. voluminous. Mr. ELY. "I suggest to the gentleman that the Mr. LOVEJOY. If it be in order, then I will Mr. BIDDLE. The case is a just one. bill be postponed until Tuesday next, and made a move to postpone this election case, with a view The bill was laid aside, to be reported to the special order.

of going into a Committee of the Whole House on House with the recommendation that it do pass. Mr. OLIN. That is the motion I intended to the Private Calendar.

Mr. FENTON. I now move that the Court of make. Will not that be satisfactory to the gen The SPEAKER. The Chair supposes it is in Claims reports be informally passed over. tleman from Maine? order to move to go into committee.

There was no objection; and the motion was Mr. GOODWIN. I will not object, if it can be Mr. LOVEJOY. I will then move that the agreed to. made a special order. There is a pressing neces House resolve itself into a Committee of the

GEORGE W. SAMSON. sity for immediate action upon the bill.

Whole House on the Private Calendar.
There being no objection, the bill was post Mr. KELLOGG, of Illinois. I desire, if it is

A bill (H. R. No. 162) for the relief of George poned until Tuesday next, and made a special | in orde to move to recommit this Pacific railroad

W. Samson. [Objected to by Mr. Cox.]
order.
bill back to the special committee on that subject.

JOHN MCLAUGHLIN.
ROBERT F. WINSLOW.

The SPEAKER. The Chair does not know A bill (H. R. No. 163) for the benefit of the

how that can be done. The bill is not before the Mr. LOVEJOY. I ask the consent of the House

heirs and legal representatives of John McLaughHouse. Whenever it is before the House it will lin. to allow my colleague (Mr. RICHARDSON) to pre

be in order to move to recommit it. sent the bill (H. R. No.379) for the relief of Rob

The bill provides that so much of what is known

Mr. KELLOGG, of Illinois. I do not know ert F. Winslow. This is a very meritorious case.

as the Oregon City claim, in the State of Oregon, myself that the motion is in order. I inquired This is private bill day, and as I understand the

as was not confirmed to private claimants under for information. Commitiee of Elections intend to occupy a por.

John McLaughlin by the eleventh section of an tion of the day, I hope it will be taken up and

REBEL BARBARITIES.

act to create the office of surveyor general of pubpassed.

Mr. CLARK. I rise to a privileged question.

lic lands in Oregon, and to provide for their surMr. HOLMAN. I object to the consideration

vey, approved September 27, 1850, be confirmed I desire to submit a report from the Committee on

to the legal representatives of John McLaughlin of any private bill. Printing

according to the provisions of his will, and that TAXATION. The SPEAKER. The Committee on Printing

so much of the eleventh section as conflicts with Mr. HOOPER. Mr. Speaker, I ask leave to have the right to report at any time when there is

this act be repealed; provided this act shall not be no business before the House. The Chair does present two remonstrances, numerously signed

so construed as to divest any legal title acquired by the most important business houses in the city not think, however, the gentleman can submit

by the State of Oregon by virtue of any valid acof Boston, members of the Board of Trade and his report at this time except by unanimous con

ceptance or application of the lands set apart in the others, against adopting the system of taxation

eleventh section for the endowment of a univer

Mr. CLARK. I ask the consent of the House recommended by the governments of the Boards

sity; and further, that the legal representatives of of Trade in Boston and New York, which these to report the following resolution:

John McLaughlin shall be entitled to a patent, intelligent and respectable remonstrants say will

Resolved, That there be printed for the use of the mem and the Commissioner of the General Land Office be destructive to the interests of a large portion || joint committee on the conduct

of the war, submitted to the bers of the House fifty thousand copies of the report of the

is directed to issue the same to them, for the land of the mercantile community, and liable to dimin Senate on the 30th of April last, in response to the resolu confirmed, in conformity to the provisions of this ish sensibly the revenue contemplated to be raised tion of the Senate directing the commitee to collect evi. act. by taxation.

dence in regard to the barbarous treatment of the rebels at Mr. F. A. CONKLING. Is there any report

Manassas of the remains of officers and soldiers of the UniThe SPEAKER. The gentleman must present

in this case? ted States killed in battle there. his memorials under the rule at the Clerk's desk.

Mr. CRISFIELD. I object.

Mr. NOELL. There is not. This bill only PACIFIC RAILROAD.

grants to the heirs and legal representatives of John PRIVATE CALENDAR.

McLaughlin the same rights which were granted Mr. CAMPBELL. I move that the rules be

Mr. LOVEJOY. I ask now for a vote upon

to other settlers, suspended, and that the House resolve itself into the Committee of the Whole on the state of the

Mr. F. A. CONKLING. Are there any rival
motion to go into committee.
my
The motion was agreed to.

claimants?
Union on the special order.
Mr. LOVEJOY. I move to postpone the spe-
So the rules were suspended; and the House

Mr. NOELL. There are none, and if there are cial order until Monday next. resolved itself into a Committee of the Whole

they are provided for in the bill.

The bill was laid aside, to be reported to the Mr. CAMPBELL. I do not know how the

House, and proceeded to the consideration of the
Private Calendar.

House with the recommendation that it do pass.
gentleman gets the floor to make that motion,
The SPEAKER. The gentleman from Penn-
This being objection day, the bills on the Pri-

ISRAEL FRISBIE. sylvania having made his motion, which is not

vate Calendar were taken up in their order and A bill (H.R. No. 166) for the relief of the surdebatable, could not hold the floor, and the genread; and those to which no objection was made

viving children of Israel Frisbie, a revolutionary tleman from Illinois had the right therefore to be

were, without debate, laid aside to be reported to soldier. [Objected to by Mr. F. A. CONKLING.] recognized to make any motion which is in order. the House with the recommendation that they do

JOSEPH B. EATON. Mr. LOVEJOY. This is private bill day and

pass. we have not had a single day this session, so far,

JOHN SKIRVING.

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

B. Eaton. in the consideration of private bills. I hope we A bill (C. C. No. 18) for the relief of John

The bill directs the proper accounting officers shall go into committee to-day and take up the || Skirving:

of the Treasury to pay, out of any money in the Private Calendar.

The bill directs the Secretary of the Treasury to

Treasury not otherwise appropriated, to Joseph Mr. McKNIGHT. I move to amend the mo pay to John Skirving $1,142 in full for his services

B. Eaton, assignee of Moses Carson, the sum of tion of the gentleman from Illinois, so as to post in inaking designs, drawings, working drawings, $653, for twenty-five horses and saddles and three pone the Pacific railroad bill until the third Mon and measurements, in and about the public build

boxes of percussion caps, furnished by Moses day in December next. I do not think the House | ings in the city of Washington, and other ex Carson to Colonel Frémont's battalion of mounted is in any temper to pass that bill now. penses attending the same, under the direction of

volunteers on the 30th and 31st of October, 1846. Mr. CAMPBELL. I will not object to the ihe Commissioner of Public Buildings, from 1842

It appears from the report of the committee that postponement of the special order until Monday to 1852, inclusive.

Mr. Eaton claims payment for twenty-five horses, if there is a general desire to take up the Private Mr. FENTON. I hope that there will be no one saddle, and a small lot of percussion caps, Calendar.

objection to passing over for the present these re purchased of Moses Carson by Lieutenant J. W. Mr. LOVEJOY. That is all I desire. ports from the Court of Claims, in order that we

Revere, of the United States Navy, for the use of may proceed with the consideration of the reports CALIFORNIA ELECTION.

the mounted volunteers commanded by Lieutenant of the committees of the House. I presume that Colonel John C. Frémont, in California, during Mr. DAWES. I desire, if the gentleman from very few of the members have prepared them the war with Mexico, in October, 1846, for which Pennsylvania will give way for that purpose, to selves by reading the decisions of the Court of

Lieutenant Revere gave his due bill, amounting call up the case of F. F. Lowe, claiming a seat as Claims, whereas they have looked at many of the

to $653, to Carson, and which was transferred to a member of the House from California. cases reported from committees of this House. I

the petitioner by Carson in the regular course of Mr. LOVEJOY. I hope the gentleman will not move that the committee informally pass over the mercantile transactions in California. insist on that. Let us have one private bill day. | reports from the Court of Claims. Mr. DAWES. I do not desire to press upon Mr. BIDDLE. I will not object if the pending | House with the recommendation that it do pass.

The bill was laid aside, to be reported to the the House the consideration of this case against bill be excepted from the gentleman's motion. It the wish of members. The party in the case is

ROBERT BRENT. provides for the payment of a small amount. It very anxious that it shall be taken up and dis has passed the Senate, the Court of Claims, and A bill (H. R. No. 195) for the reciprocal exposed of to-day, and I desire to take it up to-day, II the Committee of Claims of this House, and its || tinguishment of certain claims between the Uni

ted States and the representatives of Robert Brent, The bill directs that there be paid to Brigadier to pay to the surviving children of Israel Frisbie, deceased.

General Joseph G. Totten, out of any money in late a soldier in General Wooster's regiment, the The bill directs the Solicitor of the Treasury to the Treasury not otherwise appropriated, $200, in pension due his widow, Esther Frisbie, deceased, discontinue and to cause to be entered satisfied all full for so much advanced by Toiten for the ben for the term of five years, under the act of June suits and proceedings upon the claim of the Uni- || efit of the United States in the purchase of certain | 7, 1838, amounting to $480. ted States against the representatives of Robert land of William Aspinwall, for fortifications on It appears from papers presented that Israel Brent, late Paymaster General of the United States | Staten Island, in the harbor of New York. Frisbie enlisted in the spring of 1775 as a private Army, and against the representatives of Robert It appears from the report of the committee in a company commanded by Captain Phineas Y. Brent, his executor; such discontinuance and that a conditional verbal agreement was made by | Porter, belonging to General Wooster's regiment, acknowledgment of satisfaction to be in full of all the proper authorities of the United States in 1854 at Waterbury, Connecticut, and served for eight claims on the part of Robert Brent, or his rep with William Aspin wall for the purchase of addi- || months, and until he was honorably discharged; resentatives in his right, against the United States. tional land for fortifications on Staten Island, at that in the spring of 1776 he again enlisted as a

It appears from the report of the committee | the Narrows of New York harbor, for $42,300; | private in a company commanded by Captain that in ihe settlement of the accounts of the late that while the agreement was waiting the sanction || John Lewis, belonging to Colonel Douglass's regiRobert Brent, as paymaster and Paymaster Gen- of Congress, Mr. Aspinwall, as he was leaving ment, at Waterbury, and served for eight months, eral of the Army, from 1808 to 1829, of great dis- | the country for Europe, executed a deed to the and until he was honorably discharged in Decembursements amounting to $40,386,967 55, a bal- | United States for the same, which deed he left ber, 1776. It also appears that lie served at difance of $20,004 94 principal, with interest thereon, with his agent to be delivered whenever the pur ferent periods during the war of the Revolution is claimed as due from his estate to the United chase money should be paid by the United States. after December, 1776, but the length of time is States, for which proceedings were instituted in the From inadvertence or inaccurate memory, the not proved. It is also shown that he married courts of the United States, many years ago, and price to be paid was therein stated to be $42,500, Esther Frisbie-then Esther Tyler—in February, are still undetermined. And the memorialists pray instead of $42,300. While Mr. Aspinwall was 1793, and that they had several children, and that that these proceedings may be discontinued in absent from the country in 1857, a special appro- they lived together until the 8th of February, 1825, consideration of the just and equitable claims, | priation of $42,300 was made for the purchase of | when Israel Frisbie died at Spafford, Onondaga which they pray Congress to allow as set-off, of the property in question. General Totten was, at county, New York; that Esther Frisbie remained the estate against the United States. That, be the time the appropriation was made, at the head his widow up to the time of her death, which tween the years 1808 and 1816, the office of Robert | of the engineer department. Lieutenant Gillmore occurred June 16, 1842. Brent was changed into that of Paymaster General, was the officer in charge of the disbursements for Mr. DUELL. My friend from Ohio, (Mr.Trimand a large addition made to the Army, by reason the particular branch of service for which the BLE) says he is disposed to object to all these old of the war with Great Britain, whereby greatly money was appropriated. The sum appropriated claims. This is not an old claim. It is a claim increased duties and responsibilities were imposed being $200 short of the consideration named in for a pension due to a widow of a revolutionary upon him without any corresponding increase of the deed, the property could not be secured with soldier under the act of 1838, and it is not a claim compensation, not only in the payment of the reg. out the advance, from some other source than the which has been here upon the Calendar year after ular Army, but in the disbursements of great sums appropriation, of that sum. General Totten had year. This is the first time it has been presented in the payment of the militia and volunteers. In been urgently pressing the purchase of the prop to this body for adjudication. I therefore ask the addition to which was imposed on him the payingerty in question for years, and deeming the ac gentleman from Ohio to withdraw his objection. the half-pay pensioners, from all of which his suc quisition of it as of vast importance to the United It is a claim for only $480. cessors, though receiving much larger compensa- || States, and that no further time ought to be lost, Mr. TRIMBLE. Upon the assurance of the tion, have been exempted.

he directed Lieutenant Gillmore to pay the addi- ll gentleman that this is the first time this bill has Mr. OLIN. The report in this case was unan tional $200 out of the fund in his hands appropri- || been presented, I will withdraw the objection. imously made from the Committee on Military ated for “contingencies of fortifications." Upon No further objection being made, the bill was Affairs. The bill does not involve the payment the settlement of Lieutenant Gillmore's accounts, laid aside, to be reported to the House with the of a dollar. It only puts an end to a lawsuit

which the accounting officer at first refused to allow this recommendation that it do pass. has been pending between the heirs of Robert item, there being no law authorizing the expend

MAJOR JOHN RIPLEY-AGAIN. Brent and ihe United States for upwards of forty | iture. Upon evidence, however, that the $200 years, and has embarrassed a piece of property was paid by order of the commanding officer, they

Mr. LOOMIS. I ask the unanimous consent which would have been owned by a couple of modified their decision so as to correspond with of the Committee to go back and take up bill No. young girls, one of whom has recently deceased. || Army Regulations, (paragraph nine hundred,) || 264, for the relief of the heirs of Major John RipI hope this bill will be laid aside to be reported to which provides that the subordinate, under such ley. I understand the gentleman from Ohio is the House, so that this lawsuit may be disposed of. | circumstances, shall have credit, and the sum so

ready to withdraw his objection. The bill was laid aside, to be reported to the credited “shall be charged to the officer who or

Mr. COX. I withdraw my objection, if the
House with the recommendation that it do pass. dered" the expenditure, and allowed the credit to report shall be read.
FREDERICK F. BROSE.

Lieutenant Gillmore, and debited it to the account The report was read.
of General Totten, who thereupon paid the same

Mr. F. A. CONKLING objected.
A bill (H. R. No. 218) for the relief of the legal into the Treasury:

B. Y. SHELLEY. representatives of Frederick F. Brose, deceased. The bill was laid aside, to be reported to the The bill directs the Treasurer to pay out of the House with the recommendation that it do pass.

A bill (H. R, No. 274) to pay B. Y. Shelley Treasury to the legal representatives of Frederick

for his claim and improvements taken from him F. Brose, an amount of money equal to the reg

THOMAS FORSTER.

by the Omaha reservation in the Territory of Ne

braska. ular pay of a lieutenant in the Navy from the 13th

A bill (H. R. No.273) for the relief of Thomas of October, 1853, to the 22d of April, 1854, after Forster.

The bill, which was read, appropriates out of deducting therefrom the amount paid to him as The bill directs that there be paid to Thomas any moneys in the Treasury not otherwise appromidshipman during that period. Forster, out of any money in the Treasury not

priated, to Benneville Y. Shelley, $1,315, in full It appears from the report of the committee that otherwise appropriated, $2,250, for services in

for all claims against the Government of the UniPassed' Midshipman Frederick F. Brose, while taking care of the public property at Dunkirk har

ted States for his “claim" and improvements on board the United States frigate Savannah, by || bor, in New York, for three years and one

thereon, which were taken from him by the Uniorder of Commander Samuel Mercer, performed || month, namely, from December 1, 1856, to De

ted States for the Omaha reservation, in Nebraska the duties of lieutenant, there being no lieutenant cember 31, 1859, both days inclusive, at two dol- | Territory, in 1855. on board the vessel; that he performed the duties lars per day.

The report was read; and no objection being from the 13th of October, 1853, to the 22d of April, 1854; and the commander certifies that he per. | performed services as custodian of the public

It appears from the report that the petitioner I made, the bill was laid aside, to be reported to

the House with the recommendation that it be formed the duties to his entire satisfaction. property belonging to Dunkirk harbor improve

passed. The bill was laid aside, to be reported to the ment, New York, from December 1, 1856, to De

RESERVATION OF THE WINNEBAGOES. House with the recommendation that it do pass. cember 31, 1859, both inclusive, being eleven hun A bill (II. P. No. 275) for the relief of preARCHIBALD C. CRARY.

dred and twenty-six days. For this service Mr. || emptors on the home reservation of the Winne

Forster charges two dollars per day, and Lieu- || bagoes in the Blue Earth region, in the State of A bill (H. R. No. 229) for the relief of Archi

tenant Colonel Graham certifies " that the rate of Minnesota. bald C. Crary, heir-at-law of Colonel Archibald

compensation charged, and the time to which Mr. The bill was read. Crary, and pay for services of Colonel Crary, de

Forster was last paid, namely, until December 1, Mr. F. A. CONKLING. I would inquire of ceased. [Objected to by Mr. F. A. CONKLING.]

1856, are in accordance with Colonel William the chairman of the Committee on Indian Affairs FREDERICK VINCENT.

Turnbull's official report, dated Oswego, Decem what number of settlers are referred to in the first A bill (H. R. No. 239) for the relief of Fred

ber 16, 1856," at which time Colonel Turnbull section of the bill? erick Vincent, administrator of James Le Caze, was relieved by Colonel Graham.

Mr. ALDRICH. Some forty or fifty. I hope

The bill was laid aside, to be reported to the there will be no objection to the passage of this surviving partner of Le Caze & Mallet. [Objected

House with the recommendation that it do pass. lo by Mr. F. A. Conkling.)

bill. It does not propose to appropriate a single

cent. It merely proposes to investigate the claims ISRAEL FRISBIE-AGAIN.

of these parties. A bill (H. R. No. 264) for the relief of the Mr. DUELL. My colleague withdraws his Mr. F. A. CONKLING. Let the report be heirs of Major John Ripley. (Objected to by Mr. || objection to House bill No. 166, for the relief of read. Cox.) the surviving children of Israel Frisbie, a revo

The CHAIRMAN. There is no report. lutionary soldier, and I ask that it be again taken Mr. F. A. CONKLING. Then I object to the BRIGADIER GENERAL JOSEPH G. TOTTEN. up.

bill. I do it with extreme reluctance. I have A bill (H. R. No.272) for the relief of Brigadier There was no objection.

examined section two of the bill since the gentleGeneral Joseph G. Totien.

The bill directs the Secretary of the Treasury man from Minnesota stated that the bill made no

MAJOR JOHN RIPLEY.

« PreviousContinue »