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account of other business being before the committee; and if there be no objection, I should like to have the rule suspended, and have them taken up and acted upon. They will take but a moment, I think.

The PRESIDENT pro tempore. The Senator from Maine asks the unanimous consent of the Senate to proceed to consider the bills just reported from the Committee on Finance. It requiring the unanimous consent of the Senate, if no objection be made, the bills will be considered as before the Senate. The Chair hears no objection.

CLERKS IN TREASURY DEPARTMENT.

The Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. No. 388) making appropriations to reimburse the contingent fund of the office of the Secretary of the Treasury, including compensation of additional clerks who may be employed according to the exigencies of the public service, and for temporary clerks for the current fiscal year and for the year ending June 30, 1863, which had been reported from the Committee on Finance, with an amendment.

The bill appropriates, to reimburse the contingent fund of the office of the Secretary of the Treasury, for additional clerks authorized by the act of July 27, 1861, and for temporary clerks in the Treasury Department for the year ending 30th of June, 1862, $50,650, and for temporary clerks in the Treasury Department for the year ending June 30, 1863, $103,000; but the Secretary of the Treasury is authorized, in his discretion, to classify the temporary clerks so authorized according to the character of their services, or assign to such of them as he shall see fit any compensation not exceeding that of clerks of the first class. It also appropriates for the necessary furniture, stationery, and labor consequent upon the increased clerical force, $7,000.

The amendment reported by the Committee on Finance was to add the following as an additional

section:

SEC. 2. And be it further enacted, That from and after the 30th day of June, 1862, there shall be employed in the office of the Assistant Treasurer at St. Louis a chief clerk and teller, with an annual salary of $1,800, and one assistant clerk, with an annual salary of $1,200; and the sum of $3,000 is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay the salaries of said chief clerk and assistant clerk for the fiscal year ending June 30, 1863: Provided, That the clerks hereby authorized are to be in the place of other clerical force now authorized by law for said office.

The amendment was agreed to.

The bill was reported to the Senate as amended, and the amendment was concurred in, and ordered to be engrossed and the bill to be read a third time. It was read the third time, and passed.

The title of the bill was amended by adding thereto the words, "and to provide for the employment of additional clerks in the office of the Assistant Treasurer at St. Louis."

DEFICIENCY IN PAY OF VOLUNTEERS.

The Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. No. 404) to provide for the deficiency in the appropriation for the pay of the two and three years volunteers, and the officers and men actually employed in the western department. It appropriates the sum of $30,000,000, or so much thereof as may be necessary, to enable the Government to pay the two and three years volunteers called into the service of the United States, being an additional amount required for the fiscal year ending June 30, 1862. It also appropriates the sum of $100,000, or so much thereof as may be necessary, to carry into effect the act approved March 25, 1862, to secure pay, bounty, and pensions to officers and men actually employed in the western department, or department of Missouri.

Mr. FESSENDEN. I will say in reply that I have no wish about it at all except to accommodate the Senate. The remarks made by my friend, and which he has made on several similar occasions before, go precisely to this extent: that although the bill has been printed and been lying on the table for three weeks, no Senator knows anything about it.

Mr. TRUMBULL. I thought it was reported this morning.

Mr. FESSENDEN. So it was, but it was reported just as it was printed three weeks ago, without the slightest change in the world.

Mr. TRUMBULL. We could not know that until this morning.

Mr. FESSENDEN. The bill was laid on the Senator's table three weeks ago, and if he chooses never to look at the bills placed on his table, we cannot help it. We went on the presumption that Senators knew what was on their tables, and of all men I thought my friend from Illinois knew perfectly well what was on his table. I will make any explanation necessary in regard to the bill, or it may go over; it makes no difference to me. The amount of it is just this: at the beginning of the session we had an estimate from the pay department of the Army of $50,000,000, predicated upon an army of five hundred thousand men. He found afterwards, as was found in other bureaus, that that estimate for that number of men was altogether too small, because we had a great many more to pay and who want their money, and he has now sent in an additional estimate for the pay department of the Army of $30,000,000 to pay those men. The committee are perfectly satisfied, and so was the House of Representatives, that the money should be paid. We have contracted the debt and of course it must be provided for. That is all there is about it.

The explanation of the appropriation of $100,000 contained in the second section is simply this: a bill providing for the payment of certain persons, officers and soldiers who were called into service in Missouri, and actually rendered service, but were never mustered into the service of the United States, and providing pensions for them if they were entitled to them, passed both Houses, after being carefully examined. We directed that they should be paid, but provided no money for their payment, and this section provides the money to carry out the bill that we have passed. Those are the two provisions of the bill. If Senators want further time to deliberate upon them, I have no objection.

Mr. GRIMES. There is a little piece of information which I should like to have that I presume the Senator can give the Senate, as this bill is designed to make an appropriation for the arrears of pay, and that is, what is the number of men composing our Army? We once made an appropriation, as we thought, sufficient to cover it. It seems that was not enough, because the number of men was greater than was supposed. Now we have a bill for $30,000,000 more, to cover deficiencies, and I should like, for the government of my own conduct, to know what is the number.

Mr. FESSENDEN. The question put by my friend, the Senator from Iowa, is good-naturedly malicious. That is all there is of it. He knows perfectly well that I do not know, he does not know, and nobody on God's earth does know how many men we have got in our employ; at any rate, we cannot get the information. But we do know that this appropriation is necessary to pay those whom we have, according to the estimates of the proper department. We all know the fact that there are a great many more men in the service than were originally supposed to be provided for. I cannot tell how many. I have not examined the subject. The proper person to call upon is my honorable friend on my right, the chairman of the Committee on Military Affairs, who probably can explain that matter, or some of the gentlemen on that committee.

Mr. GRIMES. I am willing to let the remark of the Senator from Maine, that my question was a malicious one, go for whatever it is worth. Mr. FESSENDEN. I said good-naturedly malicious.

Mr. TRUMBULL. Is that bill in print? I am not prepared to object to it, but really it seems to me this is a very hasty way of legislating. Here is a bill appropriating some thirty millions of dollars that comes in during the morning hour, the rules suspended, nobody in the Senate paying any attention to it, and it passes. We have the sanction of the committee for it, and probably we should all vote on that any way; but it seems to me that a decent respect for the Treasury of the United Mr. GRIMES. I do not care what adjective is States would require that these bills should be added to it. I suppose it is my business, when I before the Senate long enough to enable them to am called on to vote an appropriation for a spesee what they are doing. I do not object to it,cific purpose, to know exactly the data upon which however.

the appropriation is to be voted. If it is to vote

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pay, I ought to know the number of men that it is to pay; and I supposed the Senator was able to inform us, or else he would not have been able to get the exact amount that it was necessary for us to appropriate. I have been in pursuit of this kind of information ever since this session began, and I have not been able to discover within one hundred thousand of the number of men that we have enlisted in the public service to-day. Sometimes we have it at five hundred thousand, and sometimes it is up as high as six hundred and seventy-two thousand; and as we are on this subject, and I am turned over to the Senator from Massachusetts, I will most respectfully ask him what is the number that we have to pay by this bill.

Mr. WILSON, of Massachusetts. I suppose the Senator from lowa is certainly aware, for he has before this taken opportunity to ascertain, that I cannot give him a positive answer. I will state as my judgment, from all the facts in my possession, that we have to-day in the Army of the United States from five hundred thousand to five hundred and twenty thousand men. I do not believe it varies more than ten or fifteen thousand from that number.

Mr. SHERMAN. How many regiments?

Mr. WILSON, of Massachusetts. Something less than six hundred. I think we have got somewhere about from five hundred thousand to five hundred and twenty thousand men in the Army of the United States.

Mr. SHERMAN. I can inform the chairman of the Committee on Military Affairs that I have now an authentic list of the Ohio regiments. There are eighty-seven Ohio regiments now in the service of the United States. I have no doubt, therefore, that the whole number of regiments in the service is between seven and eight hundred. I have an authentic statement from the adjutant general of Ohio, giving the names and number of the regiments from that State. There are seventynine regiments of infantry, six regiments of cavalry, and two regiments of artillery, besides a very large irregular force of cavalry and artillery, squadrons and batteries, not attached to regiments.

Mr. TRUMBULL. I should like to know how the Senate could be informed about a matter that was only reported this morning. The Senator from Maine thinks we ought to know all about it; he says the House bill has been upon our tables; but we have a committee of the Senate, a very distinguished committee of the Senate, to examine these bills, and we have no right to suppose that they would report the bill back as it came from the House, and we had no opportunity to see what they would report. It is brought in here in the morning hour, an appropriation of upwards of thirty millions of dollars, the rules are suspended, and it is asked that the bill be passed at once; and we are told it has been on our tables for thirty days. It has not been on our tables at all from the committee of the Senate until this moment, and we are not in the habit of examining measures which are before the committees; they do not come before us until they are reported. Now, when it does come here, and we have the bill before us, what is our condition? I wish to call the attention of the Senate and the country to the action of the Congress of the United States. We are asked to vote millions and hundreds of millions of the people's money without knowing upon what basis we do it. We have discovered now, sir, by a statement from the chairman of the committee, that he knows nothing as to the number of men we have in the field; and yet he brings a bill here appropriating thirty millions of money as a deficit, to make up a deficit in the payment of volunteers, without knowing how many volunteers there are.

What is the basis of this large appropriation, which is more than twice as much as it took to carry on the Government a few years ago? The basis of it is that in the formal estimates which the Department sent us, they underestimated the number of volunteers. Well,if they underestimated the number, it is necessary to have an additional sum to pay for the increased number. When we ask how much is it necessary to have, we are told, "Enough to pay for the increased number of volunteers. How much is that? The Senator says, "I do not know;" and when a Senator asks the question, he thinks it is good-naturedly malicious to make such an inquiry. Now, what is

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1862.

THE CONGRESSIONAL GLOBE.

amined with the utmost accuracy and care, and the difficulty generally is in the trouble about getting them through so many forms and so many careful examinations; but not one dollar can be taken, no matter how much we appropriate, unless it is necessary according to law. If we apWell, how many have you?propriate $100,000,000, not a dollar could be taken

the basis of your appropriation of $30,000,000? There is simply this: one of the Departments of this Government, or one of the bureaus of a Department, has sent in a statement: "we want thirty millions of money in addition to what we asked for heretofore, to pay an increased number of volunteers."

"We do not know how many there are, but we want thirty millions of money more." How do you know you want $30,000,000, if you do not know whether you have five hundred or six hundred or seven hundred thousand men in the field? How do you know whether you want $30,000,000, or not? How many men were estimated for before?

It seems to me, sir, that the Senate ought to have the information, that the committee ought to have the information, and before we are called upon to vote thirty millions of money to pay an additional number of volunteers, we ought to know what that additional number of volunteers is. Otherwise there is the greatest uncertainty in all our appropriations, and it comes simply to this: we just vote the amount that is asked, without inquiry, without knowing whether it is necessary or not, and we vote it simply because it is asked. Mr. FESSENDEN. I am sure I do not know what the Senator from Illinois is driving at, but it does seem to me that he takes peculiar pleasure in seizing every opportunity to find fault with the Government, and particularly with his friends on this floor. What may be his motives I do not know, but such seems to me to be the fact.

The course that the committee have taken on this subject is precisely that which has always been taken. He knows it very well, or he ought to know it. If he keeps such a strict watch over the public Treasury, why, when this bill and other bills were on his table so long, has he not informed himself and been able to check these extravagant expenditures by giving the Senate information, and not sit in his seat and wait simply to find fault because other people do not give him One would think all the information he wants.

a little activity in finding out facts affirmatively would be of use to the country, instead of negatively complaining of everybody else.

Mr. TRUMBULL. I am not upon the Committee on Finance.

Mr. FESSENDEN. Has not the Senator duties to perform beyond his own particular position? If these remarkable and extravagant appropriations are being made, is it his duty-is that his view of it-to sit quiet, to wait, and merely complain, and take no means to ascertain the facts aright?

Mr. TRUMBULL. The Senator misunderstood me. I did not say it was extravagant. I do not know whether it is extravagant or not. Mr. FESSENDEN. What is he complaining of, then?

more than was necessary to be expended under
the existing laws and applied to the payment of
the soldiers who are fighting in your Army, and
who are contending for the cause we all profess
to have so much at heart.

Because in such a case as that we do not stop
to send to the Department to inquire how many
companies are here, how many companies are
there, how this regiment is and how that regiment
is-a thing that, in the ever-changing phases of
great war like this they cannot know themselves;
because we do not trouble ourselves about these
matters, which we cannot ascertain, and which
they cannot ascertain to the certainty the Senator
speaks of, all this noise is made about the loose
manner in which these bills are brought in. The
manner is that which has been followed from the
foundation of the Government, and correctly fol-
lowed. The Departments estimate as near as they
can the amount needed for specific purposes, and
we appropriate that amount, and if it is not needed
it remains in the Treasury. There is no danger
about it, no trouble about it. There is really no
foundation for the charge of carelessness with re-
gard to the manner in which these appropriations
are made.

Sir, I undertake to say that the Committee on
Finance does its duty in reference to these things.
It tries to do its duty, I know. It may fail. I
wish the Senator from Illinois, in whom I have
great confidence, was in my place, and I have no
doubt it would be better done, with greater care,
greater deliberation, and far more wisdom and
judgment than I can pretend to bring to it. But
I content myself, I am obliged to content myself,
with taking the estimates of the Departments with
reference to these matters. They know what they
believe to be necessary, and I know that under
the existing laws the money we appropriate can-
not be misspent. Our simple appropriation of it
does not take the money out of the Treasury. We
say" there is such a sum of money; take what
under existing laws is necessary for the purpose."
That is all; and we are obliged to content our-
selves with that, and it is a perfectly safe proceed-
ing. That is not the way in which money is
wasted. It is wasted in these schemes and new
arrangements-I will not refer to anything in par-
ticular, but I may mention the class of subsidies
to steamboat companies, and the like of that. That
is the way your money goes out of the Treasury.

As I said before, I brought this bill up this morn-
ing because I supposed it was a matter about
which there could be no dispute, no difficulty, no
trouble with the Treasury, no trouble anywhere,
because the money is wanted, and the sooner we
pass the bill the better. If Senators wish to look
at it, if my friend from Illinois desires to consider
it longer, I say, with all my heart, lay it on the
table, and letit lie there until he is satisfied about it.

Mr. TRUMBULL. Mr. President, I hope I am too good-natured a person to suffer myself to be driven from the consideration of a public measure by ill-natured and petulant remarks in regard to me personally. It seems as if nothing could be said respecting a bill which the Senator from Maine is connected with, but he supposes it entitles him to make some reflection upon the character of the Senator personally, and he throws out these ill-natured remarks. Now, sir, I am not to be diverted from the consideration of a public measure by any remarks of that kind; and I do not think that the petulancy manifested is calculated in any great degree to promote the public interests, and I shall not undertake to reply to that line of remark at all.

Mr. TRUMBULL. I want to know what it It is for. I want to know what it is based on. may be that it is a very economical appropriation. Mr. FESSENDEN. The Senator has been here long enough to know, and he ought to know, that it is absolutely impossible for the committee which reports these bills to know to a fraction all about the appropriations which are made for the uses of the Departments. How can I know, how can the Committee on Finance know, the facts in regard to the exact number of men, and make a calculation to a man or to a company. It is out of the question. One thing we do know, that under the management of these matters in the Departments no more money can be taken out, unless it is stolen, (and how it can be stolen we do not know,) than is necessary to effect the purpose. All our appropriations are specific; and this appropriation is for the pay of soldiers, and for the pay of soldiers under existing laws and regulations. We know very well that if it happens to be too much, the money is not lost because it is not spent. If it happens to be too little, our soldiers are not paid and there is danger of trouble in the Army; but if it is too much, not a dollar can be used that is not paid exactly according to law and for services rendered under existing laws. All the pay rolls go in the first place to the proper bureau in the War Department to ascertain wheth-propriating more than thirty millions of dollars er they are precisely correct or not, whether the men's names are borne on the list, and whether they have rendered the service according to existing laws, and then these rolls, as approved, go through the Treasury Department. They are ex

I was not finding fault with the Senator from
Maine. I spoke in reference to a measure that
was brought before the Senate for the first time in
the morning hour, the rules asked to be suspended,
and it about to be passed through the Senate, ap-

without any consideration whatever. In calling
attention to that, as I supposed was legitimate and
proper, it seems that lincurred the displeasure of
my friend from Maine; and now, sir, since some
discussion has arisen in regard to it, I have deemed

it

proper to say that I thought this a careless mode of legislation. Though it was true that the bill had passed the House of Representatives, yet, when it was not under the control of the Senate, we had no opportunity to consider it; it has not been before us until within the present hour; and when it comes here, it is proper, as I said, out of a decent respect to the Treasury of the United States, and, above all, to the people of the United States who have to supply that Treasury, that we should know something about this appropriation of more than thirty millions of dollars. And now, sir, what have we got, and what is the basis upon which the chairman of the Committee on Finance falls back? He falls back upon this basis, and none other: if the money is not wanted, it will not be used. What do your appropriations amount to, what does Congress sit for, what does its control over the Treasury amount to, if all you have to do is to appropriate all that is asked, on the ground that the officers if they do not need it will not use it? It is very easy, then, to pass appropriation bills. The care which the people of this country suppose the Congress of the United States takes over their money amounts to very little if all we have to do is formally to pass a law appropriating specifically, as the Senator tells us, just what is asked. Would it not be as well to amend our Constitution, and let the officers draw from the Treasury just what it is necessary to pay out, without coming to Congress? What does our supervision amount to? This, then, is the whole basis of this appropriation, as stated by the Senator from Maine: the money will not be used if it is not needed; they are very particular in the Department in the passing of accounts; and if the money is not needed, it will not be used, and no harm can grow out of the appropriation. Sir, I did think that Congress took some supervision over these appropriations. I know, and I think the Senator from Maine knows, that these appropriations are often transferred from one thing to

another.

Mr. FESSENDEN. They cannot be transferred by law.

Mr. TRUMBULL. Some appropriations can be transferred, as I understand, by the law, in the War Department. This one cannot, the Senator says. Perhaps not. I cannot say as to this particular one. I have not investigated it. Doubtless the Senator is right; but it has been the practice in this Government to transfer appropriations; it has been the law, and my understanding is that it is the law to-day, that you may transfer some classes of appropriations. This may not be one

of them.

I have said a great deal more than I intended to have said about this, but I have been drawn into the remarks which I have made rather from the exhibition of feeling manifested by the Senator from Maine than anything else. I have no disloose mode of legislation to make appropriations position to delay this matter. I think it is a very in the lump in this way, without knowing whether the service requires that amount or not, and leavIt may be ing it simply to the officers to determine how much of the appropriation they will use. said that you need only get it large enough, and then if the money is not needed, the officers, if they are honest men, will not use it. I prefer that we should know what is needed, and make the appropriation for the proper amount. Perhaps you cannot get it exactly, but when we are dealing in such large sums as $30,000,000, we certainly could approximate to the amount.

Mr. WILSON, of Massachusetts. The Senator from Illinois asks what cannot certainly be answered by any Senator here, or by any member of the House of Representatives, or by any one connected with the Government, and that is the The Government has raised regiments enough, if precise number of men we have in the field to-day. full, I think, to make about six hundred and twenty-five thousand or six hundred and thirty thousand men.

Mr. TRUMBULL. Can we not tell how many we do pay, exactly?

Mr. WILSON, of Massachusetts. The regiments have been reduced. Some of them were never full according to law. Some of them have been largely reduced by sickness and by the casualties of the field; therefore, sir, I think it may be safe to say that the whole number of men has been reduced about one hundred thousand. I

suppose the Department estimated for five hundred thousand men, or something near that. The Senator from Iowa suggests that we pay all who are sick. That is so; but there are thousands and tens of thousands of men who have been sick who from one cause or another have been mustered out of the service. Regiments that came into the service one thousand strong have been reduced so that most of them will not average over eight hundred men. I doubt whether the infantry regiments of the country to-day will average over eight hundred men. I think there are about six hundred and fifty regiments; I think the number varies very little from that. The Department cannot tell within several thousand by the best investigation; and it is well known that the War Department from the commencement of this war have been overwhelmed with business, that they have not been able to make up a full, accurate, and exact statement of everything connected with the Government that you can lay your hands on easily, and ascertain what you desire to know to your satisfaction. I have spent hours and days endeavoring to learn what I could in regard to the number of our men. It was estimated that we had about six hundred and fifty or six hundred and sixty thousand. It was so reported to Congress upon the basis of the number of regiments in the field and the number of men allowed by law to make these regiments full. I said here some time ago that, in view of that statement, I thought we had one hundred or one hundred and fifty thousand too many men. I thought half a million of men or five hundred and twenty thousand men abundant, and as many as we could use to advantage, and I think we have an abundance of troops in the field now for the purpose, and that they are very well used, too.

Mr. LANE, of Kansas. The history of every

man.

Mr. GRIMES. He has therefore an exact statement of every man; and a good general does it; but we have generals in the field who do not understand at all what their duties are in this regard, and do not perform them, and a part of the blame for that I think rests with us. As an evidence, a major general died the other day in the West, one of the noblest, most gallant soldiers that ever drew his sword in behalf of his country; his assistant adjutant general came here and wanted some position. He was told that he could be secured that of assistant adjutant general for some general who wanted a man of experience in that place. He said he would not take it: why? Because, he said, while performing the duties of that office under that skillful officer, he was required to work twenty hours out of twenty-four. That officer would come in and say to him, how many men are there in that regiment; how many are disabled; how many men are fit for duty; what officers are absent? If the answer was, "I am not able to say, sir," he would tell him," it is your duty to know, sir; it is your duty to tell me at any moment;" and he required him to do it. He required him to have his clerks in such a state of efficiency, and his returns in such a condition, that he could know exactly the position of every man in his brigade or his division. Now, sir, the Government has adopted the plan of allowing a general to select his assistant adjutant general, and he selects a friend or relative, a man whom he does not wish to overwork. We have allowed them to select them because we have said it was a confidential position. There may be a propriety in allowing a general to select his aide-de-camp; that is a confidential position; he belongs immediately to the general's family; but in the regular Army we do not allow a brigadier general or a major general to select his assistant adjutant general. We have selected a corps which we consider almost the elite of the service for the 'dis

charge of the particular duties of that department, and it ought to be so in our volunteer service. If your Commander-in-Chief will insist that your adjutant generals and your brigadier generals and your division generals shall make proper returns, that they shall strictly perform their duty according to the Army regulations, we shall know the number of men we have, and we never shall know until we do that.

I do not believe that it is in our power to give an exact answer; I do not think it can be ascertained by the War Department or by the Government. The only way that it can be ascertained would be to go over the rolls completely at the paymaster's office; but they, as everybody knows, are very incomplete, and I think that some legislation is necessary in order to reorganize or do something to aid the pay department. The paymasters have not had their accounts settled, many of them, for the last five or six months. Some of them have accounts of hundreds of thousands of dollars unsettled. I think that department should have aid enough, and that the Government should have clerical aid enough; that the policy should be to proceed to settle these accounts at least every sixty days. I fear that unless something be done to correct what I regard as a great evil, many of the paymasters will be ruined, and the Government will lose hundreds of thousands of dollars. If their accounts were settled promptly, when they paid a regiment again they could correct errors; but when it goes five or six months, it is impos-other bill taken up and passed. sible for them to correct many of the errors that they must inevitably make. I mention this because I believe, and it has given me a great deal of anxiety, that there is danger that the Govern-ation. It is the bill (H. R. No. 444) to amend ment will lose money, and that many of the paymasters, who receive a very small compensation for the great amount of labor they perform, and the responsibilities they take, will be ruined.

Mr. FESSENDEN. Imove that the bill lie on the table for the present. The statements made by the Senator from Massachusetts have induced me to make that motion.

The motion was agreed to.

DIRECT TAXES DUE BY STATES.

Mr. FESSENDEN. I should like to have the

The PRESIDENT pro tempore. There is another bill before the Senate, as in Committee of the Whole, by unanimous consent, for consider

an act entitled "An act to provide increased revenue from imports, to pay interest on the public debt, and for other purposes," approved August 5, 1861, which will be read at length.

The Secretary read the bill. It declares that the provision in the fifty-third section of the act approved August 5, 1861, allowing such portion of the tax as may be assessed by any State, Territory, or the District of Columbia "to be paid and satisfied, in whole or in part, by the release of such State, Territory, or District, duly executed, to the United States, of any liquidated and determined claim of such State, Territory, or District of equal amount against the United States, provided that in case of such release, such State, Territory, or District shall be allowed the same abatement of the amount of such tax as would be allowed in case of the payment of the same in money," shall be construed as applying to such claims of States for reimbursement of expenses incurred by them in enrolling, subsisting, cloth

Mr. GRIMES. I do not desire to prolong this discussion, and I am not going to say anything in regard to the matter of appropriation. I believe that this discussion can be made a great deal more profitable to the country and to the Senate than I thought it could have been made a few minutes ago. The Senator from Massachusetts says there is some necessity, in his opinion, for legislation in regard to the paymaster's department, in order, first, to control the payment of money through that department; and second, to ascertain the number of our troops. It may be necessary, and I presume it is, that there should be some legislation of this character, but not for the purpose of ascertaining the number of troops. The difficulty in regard to that lies partly with this body, and a good deal more with the Executive of the country. It is the business of every brigadier generaling, supplying, arming, equipping, paying, and to require his assistant adjutant general to report to him every day the precise number of men there are under his command, the number that are fit for duty, the positions they occupy, the number in each regiment, the number there are on the sick list, the number there are on the leave-of-absence list

transporting their troops employed in aiding to suppress the present insurrection against the United States, as shall be filed with the proper offi cers of the United States before the 30th of July next; and that in such cases the abatement of fifteen per cent, shall be made on such portion of the tax as may be paid by the allowance of such

claims, in whole or in part, the same as if the final settlement and liquidation had been made before the 30th of June.

Mr. FESSENDEN. The simple explanation of that is this: the act referred to, the revenue bill of August last, allowed the States, on paying in their quota, to receive an abatement of fifteen per cent., and it further fixed a time within which it should be done, and extended that provision so far as to give the States leave to offset the expenses they had been at on the same account; but the difficulty is, that they have not been able to get their accounts so made out that they could present them within the time specified, in a definite form, and this bill is simply to make an allowance to such States as shall file their claims within a certain day, leaving them afterwards to adjust their accounts. I see no objection to it. It is recommended by the Secretary of the Treasury.

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed.

ENROLLED BILL SIGNED.

A message from the House of Representatives, by Mr. ETHERIDGE, its Clerk, announced that the Speaker of the House of Representatives had signed an enrolled bill (S. No. 225) for the relief of the owners, officers, and crew of the Spanish bark Providencia; and it was signed by the President pro tempore.

OPERATIONS OF OUR ARMIES.

Mr. WILSON, of Massachusetts. There has been sent here from the War Office a dispatch from General McClellan, and also a dispatch from the Senate to hear. General Hartsuff, which it may be of interest to

The PRESIDENT pro tempore. The dispatches will be read, if there be no objection. The Chair hears none.

The Secretary read, as follows:

[Received 7.50 a. m.] HEADQUARTERS ARMY OF THE POTOMAC, WILLIAMSBURG, May 6. Hon. EDWIN M. STANTON, Secretary of War:

I have the pleasure to announce the occupation of this place as the result of the hard-fought action of yesterday. The effect of Hancock's brilliant engagement yesterday afternoon was to turn the left of their line of works. He was strongly reinforced, and the enemy abandoned the entire position during the night, leaving all his sick and wounded in our hands. His loss yesterday was very severe; we have some three hundred uninjured prisoners, and more than a thousand wounded. Their loss in killed is heavy. The victory is complete. I have sent cavalry in pursuit, but the roads are in such condition that I cannot move artillery nor supplies. The conduct of our men has been excellent with scarcely an exception. The enemy's works are very extensive and exceedingly strong, both in respect to their position and the works themselves. Our loss was heavy in Hooker's division, but very little in other parts of the field. Hancock's success was gained with a loss of not over twenty killed and wounded. Weather good today, but great difficulty in getting up food, on account of the roads. Very few wagons have yet come up. Am I authorized to follow the example of other generals, and direct names of battles to be placed on colors of regiments? We have other battles to fight before reaching Richmond. G. B. MCCLELLAN, Major General Commanding.

HEADQUARTERS OF THE ARMY OF THE POTOMAC, WILLIAMSBURG, May 6. Hon. E. M. STANTON:

Every hour proves our victory more complete. Enemy's loss great, especially in officers. Have just heard of five more of their guns captured. Prisoners constantly arriving. G. B. MCCLELLAN, Major General Commanding.

CATLETTS, May 7, 1862. Hon. E. M. STANTON, Secretary of War: Cavalry reconnoissance returned from Culpepper CourtHouse; drove cavalry pickets three miles and into the town. Two companies of cavalry escaped very hurriedly, being notified in time. Captured seven prisoners and horses trying to escape from the town. No troops between river and Culpepper Court-Ilouse; only cavalry outposts there. Two regiments at Rapidan station and detachments scattered to Gordonsville. Number not known; supposed to be large. Generals Ewell, Elsie, and others in command. Town generally occupied, and handkerchiefs waved at our troops. Railroad broken short distance from river-unbroken beyond. River barely fordable-a ford below railroad bridge. Occupied town about forty minutes, and returned. Send prisoners to Washington to-day. Please send any information about evacuation of Yorktown, present position of enemy's troops which left, and any other news. Get none here. Respectfully,

GEORGE L. HARTSUFF,
Brigadier General.

TROOPS FOR KENTUCKY.

Mr. DAVIS. I desire to inquire of the chairman of the Committee on Military Affairs when

that committee will report a bill that passed the House of Representatives in February, authorizing the State of Kentucky to raise some twelve months' men. It was referred to the Committee on Military Affairs on the 5th of March, and I have requested the honorable chairman some four or five times to bring the matter before his committee. He has promised me two or three times that he would do so, but he never has done so yet that I have heard of. I should like to get from him some information as to when it is probable the committee will act upon that subject, and I should like to be before the committee when they take it up.

Mr. WILSON, of Massachusetts. The Senator, as he has stated, has repeatedly called my attention to that bill. I will say to him that it is on the table of the committee, and has been several times read and referred to by the committee, but their general impression has been against reporting the bill at any time when it has come before them. The impression seemed to be that it was a measure of doubtful expediency, and the inclination of the committee was rather against it, but they did not report against the bill for the reason that they thought some facts might come before Congress which would authorize them to report the bill, and the bill has been held on that ground. The next time we have a meeting, I shall be very glad to have the Senator appear before the committee and give any facts in regard

to it.

PACIFIC RAILROAD BILL.

A message from the House of Representatives, by Mr. ETHERIDGE, its Clerk, announced that the House had passed a bill (H. R. No. 364) to aid in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, in which the concurrence of the Senate was requested.

Mr. McDOUGALL. I, of course, shall move the reference of that bill to the special committee appointed by the Senate on that subject. I wish to say further, that it is, in substance, the bill that has been placed before the Senate by the report of the special committee of the Senate. The committee will bring it before the Senate at a very early day, for reasons that compel such a movement on the part of the friends of the bill, and I hope the Senate will turn their attention to the measure. I shall bring it to the attention of the Senate, and ask their action upon it, if possible, at a very early day. I wish to give that notice now. I ask that the bill be read and referred to the select committee on the subject of the Pacific railroad.

The bill was read twice by its title, and referred to the select committee on the Pacific railroad.

On motion of Mr. LANE, of Kansas, it was Ordered, That four members be added to the select committee on the Pacific railroad bill, to be appointed by the President pro tempore.

The PRESIDENT pro tempore appointed Messrs. WADE, LANE of Kansas, BROWNING, and KENNEDY.

VESSELS OF LOYAL OWNERS RECAPTured.

Mr. FESSENDEN. I present the petition of the owners of the ship John H. Jarvis, praying for the possession of their vessel seized by a privateer of the so-called confederate States, and recaptured by the United States forces. At the same time I offer the following resolution, and ask for its consideration now:

Resolved, That the Committee on Commerce be instructed to inquire whether any legislation is necessary in relation to vessels belonging to loyal American citizens which have heretofore been seized and confiscated by rebels, and which have been recaptured at New Orleans and other places, and to report by bill or otherwise.

I merely wish to say, in explanation, that it is probably known to all the Senators that a very considerable number of our vessels, early in the struggle, were seized by the rebels at New Orleans and at many other places. At the time the war broke out, so to speak, there were vessels on their way from Europe which were originally directed to return to New Orleans for cargo, and which, when they arrived there, were taken possession of, and some were taken possession of at other places. It is quite natural that the owners of those vessels should now desire to get possession of them if they can. They have been deprived of them, owing to the unfortunate state of affairs, and have met with serious loss. As things now stand, there are difficulties in the way. In the first place,

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I understand that, as the Navy has taken New Orleans, the officers consider all these vessels as matters of prize, to be sold for the benefit of the captors, if there are any there. That idea prevails, but whether that is true or not, I think the subject needs examination.

Again, if they can be looked after, the owners desire to send their agents or to go themselves, with a view to obtain possession of their vessels; at any rate, to find out how they are situated. In the existing state of things they are not permitted to go nor to send any agents with reference to any business transaction; and the large amount of property that exists in this condition is left, perhaps, wholly uncared for, and liable to very great loss. There are many of these cases, and I think it is a very proper subject of examination by the Committee on Commerce, and I hope the inquiry will be made.

The resolution was considered by unanimous consent, and agreed to; and the petition was referred to the Committee on Commerce.

PROPOSED EXPULSION OF MR. STARK.

Mr. SUMNER. I have a resolution to offer relating to the case of the Senator from Oregon; but before offering it, if I can have the attention of the Senator from New Hampshire, I desire to ask him a question. I have in my hands the report of a committee of this body, which was ordered to be printed as long ago as April 22, 1862, || and which is signed “DANIEL CLARK, J. M. HOWARD, JOSEPH A. WRIGHT, JOHN SHERMAN;" and this report adopts the conclusion, "that the Senator from Oregon is disloyal to the Government of the United States." I have waited every day since this report was laid on the table to see what action would be taken by the chairman, or by one of the other members of the committeethe Senator from Ohio, or the Senator from Indiana, or the Senator from Michigan, who is not now in his seat. Nothing has been proposed by either of them; and I now wish to ask the Senator from New Hampshire, the chairman of that committee, if he intends to bring forward any proposition in pursuance of the report which he has presented.

Mr. CLARK. I hardly know why the question should be put to me, Mr. President. If the Senator from Massachusetts had read the original resolution under which the committee were appointed, he would have found that the committee had fully discharged their duty. They were instructed by the resolution simply to investigate the charges. The committee have investigated the charges, and have reported to the Senate the conclusions to which they came. They did not think it proper to put themselves in the position of accusers of the Senator from Oregon, and thus take upon themselves a work which the Senate did not intrust to them. They preferred to discharge their duty as the Senate intrusted it to them under the resolution, and then to leave the matter with the Senate for action, and there it now stands. I do not intend myself to move any further resolution, unless I shall be instructed to do so by the Senate.

Mr. SHERMAN. I signed the report of the committee, without any pleasure, as a matter of course. It was painful to have to sign it; but that was the result of my conviction. Now, however, I desire thus early to say that I hope the Senate will not occupy any more time with this case. I, for one, shall not vote for any proposition that will consume any more time in the discussion of a question which must be at last decided by the people of Oregon in a very short period. We are now under a heavy pressure. We have much important legislation to attend to. We have but a short time in which to do it. We know very well that when the warm weather comes on, the custom of the Senate and the pressure upon us will take us away from here, even if some of the business of the session is not disposed of. Many of the most serious and important questions of the session are scarcely broached as yet. We have several appropriation bills, we have the confiscation bill, we have many other measures of important legislation yet to act upon. The rules under which we act prevent us from expediting business in this body. We know very well that in a question which involves the seat of a member, the usual courtesy of the Senate will give a great deal of time to the consideration of a ques

tion of that member. It will occupy several days tion so deeply involving the feelings and reputa

at least. I therefore wish, before the Senator from Massachusetts moves in the matter, to state that I will not vote for any resolution of expulsion, but will place my solemn opinion upon the record and let that go to the people of Oregon, who alone can dispose of this matter properly.

Mr. SUMNER. Mr. PresidentThe PRESIDENT pro tempore. The Chair begs to state that this debate is allowable only as mere matter of indulgence and courtesy. There is no question before the Senate.

Mr. SUMNER. I was aware that it could only be conducted on that principle, but I was unwilling to proceed in the matter until I had ascertained from the Senator from New Hampshire what his own purpose was, and I am very glad also to have been instructed by the Senator from Ohio. I now offer the following resolution:

Resolved, That BENJAMIN STARK, a Senator from Oregon, who has been found by a committee of this body to be disloyal to the Government of the United States, be, and the same is hereby, expelled from the Senate.

Mr. SAULSBURY. I object to the present consideration of that resolution.

The PRESIDENT pro tempore. It will lie over.

ROSE M. HARTE.

Mr. WADE. I ask the Senate to take up & little bill which has been reported unanimously by the Committee on Patents. It is in favor of a widow. I believe the claim is just, and I hope it will be passed.

The PRESIDENT pro tempore. The regular business in order is the bill (S. No. 178) to incorporate the Washington and Georgetown Railway Company.

Mr. WADE. I move to postpone that for the purpose of taking up the bill for the relief of Rose M. Harte.

Mr. MORRILL. I do not like to object, but I am afraid that bill will lead to discussion. If I were sure that it would not, I should not object; but the bill now properly under consideration has been a long time before the Senate, and I am extremely anxious to have it proceeded with.

Mr. WADE. I will agree that this private bill shall go over, if it leads to discussion. I hope it will not, and I believe it will not.

Mr. MORRILL. Very well, then I yield for that special purpose.

The PRESIDENT pro tempore. The Senator from Ohio moves to postpone the present and all prior orders for the purpose of proceeding to the consideration of the bill indicated by him.

The motion was agreed to; and the bill (S. No. 299) for the relief of Rose M. Harte, widow of Edward Harte, was read the second time, and considered as in Committee of the Whole. It proposes to require the Commissioner of Patents, out of any money belonging to the fund of the Patent Office not otherwise appropriated, to pay to Rose M. Harte, widow of Edward Harte, the sum of $274 80, in full for certain papers prepared by him, by direction of the Commissioner of Patents, illustrative of the "Progress of Agriculture in the United States during ten years,' and also for an article entitled "Railroads in the United States in 1850."

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The bill was reported to the Senate, ordered to be engrossed for a third reading, read the third time, and passed.

D. G. FARRAGUT.

Mr. McDOUGALL. I desire to report this morning from the Committee on Naval Affairs a little bill which has been twice favorably reported upon before and passed the Senate, but which failed to pass the House of Representatives for want of time. I do not wish that to happen again, and therefore I bring it forward now and ask the Senate to pass it. It is a bill for the payment of a small balance of account due to Commodore Farragut. It has met the unanimous approval of the Committee on Naval Affairs. I report the bill, and I ask for its present consideration.

The bill (S. No. 303) for the relief of D. G. Farragut was read twice by unanimous consent, and considered as in Committee of the Whole. It proposes to instruct the proper accounting officers to allow to Captain D. G. Farragut of the United States Navy, in the settlement of his accounts, the sum of $407 19, being the amount paid by him as

wages to two master's mates on board the United States ship Warren employed at Mare Island, in California.

Mr. KING. Is there any report or statement accompanying that bill?

Mr. MCDOUGALL. I will read the report made by the Senator from Rhode Island on a previous occasion, which I thought would serve instead of a written report now:

The Committee on Naval Affairs, to whom was referred the petition of D. C. Farragut, having had the same under consideration, report:

That it appears from facts before your committee the petitioner, a captain in the Navy, was in command of the navy-yard at Mare Island, California, from the 9th day of August, 1854, to the 16th day of July, 1858; and that, while in that position, he was authorized by the Navy Department to rate or enlist two master's mates for the United States ship Warren that the petitioner made the appointments authorized with a compensation at the rate of $450 per annum, or $150 a year to each over and above the usual pay, the Warren then being stationed at that port; and as the petitioner alleges, an amount insufficient for the support of an officer in California; and that the pay of the lowest class of laborers in the navy-yard, at the time of his command, was three dollars a day. The rate of pay authorized by the commandant was subsequently, on the adjustment of his accounts, disapproved at the Navy Department, and the difference between that and the amount authorized upon other stations charged against Captain Farragut's individual account, thus leaving him no other remedy than an appeal to Congress.

Extra compensation has, in almost all cases, been allowed to officers of the Government in California, on account of the known high cost of living; and your committee deem that Captain Farragut should be allowed the reasonable dif ference paid by him for temporary officers, suitable to the care of large amounts of public property, whose appointment was in lieu of officers of a higher grade in the Navy; and they therefore report the accompanying bill, with a recommendation that it do pass.

I am well informed and advised that at that time Commodore Farragut was compelled to employ competent persons for special service there, and he could not employ those persons without paying a price beyond the ordinary price paid by the Government. I know him to be a very careful and exact man. He paid the money on Government account, and it has been considered a matter of justice heretofore by all those who have inquired into it, to refund him the money. I hope the Senate will not make it a matter of question

now.

The bill was reported to the Senate, ordered to be engrossed for a third reading, read the third time, and passed.

WASHINGTON CITY RAILWAY.

The Senate resumed the consideration of the amendment of the House of Representatives to the bill (S. No. 178) to incorporate the Washington and Georgetown Railway Company; and the Secretary proceeded to read the amendments proposed by the Committee on the District of Columbia to that amendment. The next in order was in the seventh and eighth lines of the fourth section of the House amendment to strike out the words "the gauge of the tracks" and the word "them" after "between," and in lieu of" them" to insert "the two tracks;" so as to make the clause read:

And the space between the two tracks shall not be less than four feet nor more than six feet, and the carriages shall not be less than six feet in width, the gauge to correspond with that of the Baltimore and Ohio railroad.

The amendment to the amendment was agreed to. Mr. MORRILL. I move to strike out section three of the House amendment. That was the vote of the committee, but by some mistake in printing it is not so printed.

The PRESIDING OFFICER, (Mr. FOSTER in the chair.) The Chair will suggest that there are other reported amendments which have not yet been disposed of; but the Chair will put the question on the amendment of the Senator from Maine, if he insists upon it, at the present time.

Mr. MORRILL. I will take the direction of the Chair; I have no objection to waiting till the printed amendments are disposed of.

The Secretary read the next amendment of the Committee on the District of Columbia, which was in the fifth section of the House amendment, to strike out in the second and third lines the words "track and the pavements within," and to insert" tracks;" and in the fourth line to strike out the word "always," and insert "thereof, and also the space between the tracks at all times well paved and;" so as to make the section read:

SEC. 5. And be it further enacted, That the said corporation hereby created shall be bound to keep said tracks, and for the space of two feet beyond the outer rail thereof, and also the space between the tracks, at all times well paved

and in good order, without expense to the United States or the cities of Georgetown or Washington.

The amendment to the amendment was agreed to. The next was to strike out the sixth section of the House amendment, in these words:

SEC. 6. And be it further enacted, That the privileges hereby granted shall continue until repealed by Congress. The amendment to the amendment was agreed to. The next was in the sixth line of the seventh section of the House amendment, to strike out the words "likewise of," and insert "from so altering and improving;" and in the ninth line to strike out the words the level of," and insert "their;" and in the tenth line, after the word "grade," to insert "and said pavements;" so as to make the section read:

SEC. 7. And be it further enacted, That nothing in this act shall prevent the Government at any time, at their option, from altering the grade, or otherwise improving Pennsylvania avenue, and such other avenues and streets as may be occupied by said roads, or the cities of Washington and Georgetown from so altering or improving such streets and avenues as may be under their respective authority and control, and in such event it shall be the duty of said company to change their said railroad so as to conform to such altered grade and pavements.

The amendment to the amendment was agreed to. The next was in the second line of the eleventh section of the House amendment, to strike out the word "railroad," and insert "railways;" so as to read:

The said company shall place first-class cars on said railways, &c.

The amendment to the amendment was agreed to. The next was to strike out the fourteenth section of the House amendment, in these words:

SEC. 14. And be it further enacted, That the United States Government shall have the right and authority to convey and run freight cars, and carry freight for Government use, over the whole or any portion of the railroad hereby granted; the Government of the United States to pay said company such reasonable compensation for the use of such railroad, in the running of such freight cars, as may be deemed just by the Secretary of War, or by such other person as the President of the United States may designate for the purpose of fixing such compensation.

And in lieu thereof to insert:

And be it further enacted, That said corporation shall, on demand of the President of the United States, Secretary of War, or Secretary of the Navy, cause to be transported over said railway any freight cars laden with freight for the use of the Government of the United States; the officers causing such service to be done shall pay a reasonable compensation therefor.

The amendment to the amendment was agreed to. The next was to strike out the fifteenth section of the House amendment, in the following words:

SEC. 15. And be it further enacted, That, within five days after the passage of this act, the corporators named in the first section, who shall act as directors for the first year and until others are chosen, or a majority of them, or if any refuse or neglect to act, then a majority of the remainder, shall cause books of subscription to the capital stock of said company to be opened and kept open for a period to be fixed by said corporators, not less than three days, and continued open until the whole capital shall be subscribed for, and said corporators shall give public notice, by advertisement in at least two of the daily papers published in the city of Washington, of the time when and the place where said books shall be opened, and the subscribers upon said books to the capital stock of the company shall be held to be stockholders and associates of the corporators named in the first section: Provided, That no person, for himself, or for another, during the first day, shall subscribe for more than two hundred and fifty, and during the second day not more than one hundred shares each; when, if the whole shall not then be taken and subscribed for, the subscribers then existing shall have the right to increase their stock in equal amounts, and if the whole shall not then be taken, any party then may subscribe therefor in any number of shares until the whole shall be taken; and when the books of subscription to the capital stock of said company shall be closed, the corporators named in the first section, or a majority of thein, and in case any of them refuse or neglect to act, then a majority of the remainder shall eall the first meeting of the stockholders of said company, and in all meetings of the stockholders each share shall entitle the holder to one vote, to be given in person or by proxy: Provided, That a majority in interest in the shares shall have the right to increase the same, whenever it shall appear necessary, to the extent of four thousand additional shares, or to such extent as may be deemed necessary to carry out the object of this charter. And in lieu thereof insert:

And be it further enacted, That within five days after the passage of this act the corporators named in the first section, or a majority of them, or if any refuse or neglect to act, then a majority of the remainder, shall cause books of subscription to the capital stock of said company to be opened and kept open for a period to be fixed by said corporators, not less than five days, and said corporators shall give public notice, by advertisement in the daily papers published in the city of Washington, of the time when and the place where said books shall be opened, and subscribers upon said books to the capital stock of the company shall be held to be stockholders: Provided, That no subscription shall be deemed valid until the person subscribing therefor shall make affidavit before the persons, or any one of them,

authorized to receive such subscriptions, that the same is bona fide, and in fact and in truth for him or herself, and not for another; and any person who shall take a false and corrupt oath touching said subscriptions shall be held to have committed perjury, and be subject to all the pains and penalties thereof: And provided further, That if more than the capital stock be subscribed, then a pro rata division of the stock shall be made among the subscribers, and if less than the capital stock be subscribed, then each subscriber shall be at liberty to take additional stock until the subscription is full. And when the books of subscription to the capital stock of said company shall be closed, the corporators named in the first section, or a majority of them, and in case any of them refuse or neglect to act, then a majority of the remainder shall call the first meeting of the stockholders of said company for the choice of directors, and in all meetings of the stockholders each share shall entitle the holder to one vote, to be given in person or by proxy.

Mr. GRIMES. Will this amendment be susceptible of amendment after it has been adopted?

The PRESIDING OFFICER, (Mr. FOSTER.) The motion now is to strike out an existing section and insert one in lieu of it. The Chair thinks that a motion to amend the section proposed to be stricken out, is not in order in Committee of the Whole, though it will be in order in the Senate.

Mr. HALE. Will it not be in order to amend the section by adding something to it? I am aware that it is not in order to move to strike out anything the Senate have inserted; but will it not be in order to move additional matter to the section after it is adopted by the Senate?

The PRESIDING OFFICER. The Chair will not anticipate what may be a question of order by and by. At present the Chair is certainly of opinion that a motion to strike out and insert, not being a divisible motion, must be taken as it stands.

Mr. HALE. I understand that; but I thought the Chair had answered the Senator from Iowa, or I should not have put the question.

The PRESIDING OFFICER. It is possible that the Chair has anticipated the wisdom of somebody else, and may think foolishly; but he will not now decide questions that are not before the Chair to decide.

Mr. GRIMES. I wanted to know whether this section could be amended now. The condition of it is this: it is an amendment to an amendment. Now, can another amendment be added to it? I suppose it will occupy precisely the same position in the Senate that it does here in committee.

The PRESIDING OFFICER. The Chair thinks it cannot be amended now.

Mr. GRIMES. If it cannot be amended now, can it be amended when it comes into the Senate? It will then still be an amendment in the third degree.

The PRESIDING OFFICER. The Chair has been under a misapprehension. The bill is not before the Committee of the Whole; it is in the Senate.

Mr. GRIMES. Then it is not amendable. The PRESIDING OFFICER. The Chair thinks not. A motion to strike out and insert is a single motion, and not divisible. The motion is to strike out a certain section and insert another in lieu of it. It is in the power of the Senate, of course, to adopt or not to adopt it.

Mr. POMEROY. Do I understand the Chair to say that none of these sections can be amended in the Senate; that they must be amended now or not at all?

The PRESIDING OFFICER. The motion now before the Senate is to strike out the fifteenth section and insert other words in lieu of it. That motion is one and indivisible.

Mr. POMEROY. The point with me is whether the bill is now in Committee of the Whole or in the Senate.

The PRESIDing officeR. It is in the Senate.

Mr. POMEROY. I do not know when it got into the Senate. I supposed it was in Committee of the Whole.

The PRESIDING OFFICER. The bill is a Senate bill that has been sent back from the House of Representatives with an amendment in the nature of a substitute. It is now before the Senate on the report of the Committee on the District of Columbia proposing amendments to the House amendment.

Mr. POMEROY. But I thought the Senate was considering this bill in Committee of the Whole. The PRESIDING OFFICER. It is before the Senate, and not in Committee of the Whole. The amendment to the amendment was agreed to.

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