Now this bill, as it is drawn, professedly authorizes the construction of bridges which shall not substantially obstruct navigation. Not obstruct navigation, you say. Who is to be the judge of that? Who is to determine whether the mode proposed is a substantial obstruction to navigation? Permit me to say that I have spent some little time in a professional way in examining the question of the effect of bridging navigable rivers, and I assert that the instance cannot be found where a bridge has been constructed across a navigable stream in the whole history of the commercial world that it has not been a subtantial obstruction to navigation, and there never can be, unless the bridge is built so high that steamboats and sailing vessels can pass under it. I repeat that the whole history of the commercial world cannot show an instance where a bridge has been built over a navigable stream that has not been a substantial obstruction to navigation. The judicial records of the country are full of testimony upon this subject. Wherever these bridges have been built, the commercial intercourse above has virtually ceased. It cannot go into competition with the more favored regions below.

I hope the House will have the good sense to pause before it adopts inconsiderately a measure of this description-a measure which, in my judgment, is fraught with the most serious consequences to the commercial interests of the country, and which would furnish a precedent mischievous almost beyond calculation.

Mr. NOELL. I ask the gentleman from Pennsylvania to yield to me for a single moment.

Mr. HICKMAN. I cannot give way again. If I do, I may be cut off from renewing the motion to lay upon the table.

I wish to call the attention of the House for a moment to the power which we confer by this bill on these railroad companies. I locate a road, such as I have no doubt can be located by virtue of this measure. I start at the western limits of the city of Washington, and I locate a road through Pennsyvania avenue upon which steam power can be used. I run through Baltimore street in the city of Baltimore, and thence to the Susquehanna river, crossing it with a bridge below the point at which the river is navigable. Thence to the city of Philadelphia, over the Schuylkill river, near its junction with the Delaware river, or to Philadelphia through Chestnut street and across the Delaware river, if I choose that line, at the foot of Chestnut street, or below the navy-yard, or to New York across the river there, and up Broadway to the northern limits of the city of New York. According to the idea of the gentleman from Kentucky we can do all this so as not materially to interfere with the navigation of those streams. Now, sir, I say that it is impossible to construct a bridge or bridges over those streams so as not materially to interfere with navigation, if they are so constructed as to allow steam trains to pass over them, and to give facilities for travel such as the gentleman from Kentucky contemplates, and such as are asked for under this bill. The very idea of such a thing is sufficient to shock the common sense of every member on this floor. The provisions of this bill, if carried out, would, it is evident, destroy the internal navigation of this country; and I move, therefore, that the whole subject be laid upon the table.

Mr. NOELL. I hope that I will be permitted to say a few words on this bill, before the vote is taken on the motion to lay upon the table.

Mr. HICKMAN. I cannot give way again, because if I do I will lose the floor.

Mr. MALLORY. I demand the yeas and nays upon the motion to lay upon the table.

Mr. NOELL. I would like to know whether the War Department of this Government has demanded the passage of this measure as a war measure?

Several MEMBERS. It has not.

Mr. HICKMAN. I decline to withdraw my motion to lay upon the table.

The SPEAKER. Debate is not in order. The yeas and nays were ordered. The question was then taken; and it was decided in the affirmative-yeas 76, nays 43; as follows: YEAS-Messrs. Allen, Alley, Ancona, Babbitt, Joseph Baily, Biddle, Francis P. Blair, Jacob B. Blair, Samuel S. Blair, George H. Browne, William G. Brown, Burnham, Casey, Clements, Cobb, Roscoe Conkling, Davis, Dawes, Diven, Duell, Eliot, Fessenden, Fisher, Gooch, Granger, Gurley, Hall, Hickman, Holman, Horton, Hutchins, John

son, Kelley, William Kellogg, Knapp, Law, Lazear, Loomis, Lovejoy, McKnight, McPherson, May, Anson P. Morrill, Justin S. Morrill, Noell, Odell, Olin, Perry, John S. Phelps, Timothy G. Phelps, Pike, Potter, Price, John H. Rice, Robinson, Edward H. Rollins, Sargent, Sedgwick, Smith, John B. Steele, William G. Steele, Stevens, Stratton, Francis Thomas, Trimble, Verree, Vibbard, Wall, Wallace, Ward, Webster, Wickliffe, Wilson, Windom, Woodruff, and Worcester-76.

NAYS-Messrs. Aldrich, Arnold, Ashley, Baker, Bingham, Blake, Calvert, Chamberlin, Clark, Colfax, Frederick A. Conkiing, Cox, Crisfield, Cutler, Delano, Dunlap, Dunn, Edgerton, Frank, Grider, Haight, Harrison, Lansing, Leary, Leliman, Mallory, Maynard, Menzies, Mitchell, Moorhead, Nugen, Porter, Alexander H. Rice, Riddle, Segar, Shellabarger, Benjamin F. Thomas, Train, Wadsworth, Charles W. Walton, E. P. Walton, Wheeler, and Albert S. White -43.

So the bill was laid upon the table.

Mr. OLIN moved to reconsider the vote by which the bill was laid upon the table; and also moved that the motion to reconsider be laid upon the table.

The latter motion was agreed to.
ENROLLED BILL.

Mr. GRANGER, from the Committee on Enrolled Bills, reported that they had examined and found truly enrolled an act (H. R. No. 269) to establish a Department of Agriculture, and an act to regulate holding the

courts of the United States for the District of Kentucky, and for other purposes; when the Speaker signed the same.

CITY RAILROAD.

Mr. STEVENS. I rise to a privileged question. I submit the following report from the committee of conference on the disagreeing votes between the two Houses on the bill providing for the construction of the Washington and Georgetown passenger railway.

The Clerk read the report, as follows:

The committee of conference on the disagreeing votes of the two Houses on the bill (S. No. 178) "to incorporate the Washington and Georgetown Railway Company," do report as follows:

That the Senate concur in the first section of the amendment of the House,with the following amendments, namely: 1. Strike out from the words "Horace M. Dewey," in the third line, down to the words "Edward A. Abbott," in the seventh line, both inclusive, and insert the words "Eliab Kingman, Franklin Tenney, J. J. Coombs, Sayles J. Bowen, Charles H. Upton, Henry Addison, Hallett Kilbourn."

2. Strike out from the word "northern," in the twentythird line, down to and including the word "company" in the thirtieth line, and insert the words "southern boundary of the Capitol grounds; and along their southern boundary easterly to Pennsylvania avenue; along said Pennsylvania avenue to Eighth street east, or Garrison street; and along said street south to the navy yard gate, with a lateral road running along the eastern front of the Capitol from the southern to the northern gate, and thence by A street to the depot of the Baltimore and Ohio railroad; and thence from said depot through First street west to Pennsylvania avenue, so as to intersect with said main road."

3. Between the word "track" and the word "railway," in the thirty-first line, insert the word "branch."

4. Strike out the words "Rhode Island avenue," in the thirty-fourth line, and insert the words "Boundary street." 5. After the word "west," in the thirty-fifth line, insert the words, "and New York avenue."

6. Strike out the words "or to the Potomac," in the thirty-fifth and thirty-sixth lines, and insert in lieu thereof the words, "to a point of intersection with said first mentioned railway."

7. Strike out the word "roads," in the thirty-ninth line, and insert in lieu thereof the words, "main railway, or between the termini of either of said branch railways, or between either terminus of said main railway and the terminus of either of said branch railways."

And that the House of Representatives agree to the said several amendments.

That the Senate concur in the second section of the amendment of the House of Representatives.

That the third section of the amendment of the House of Representatives be stricken out.

That the Senate concur in the fourth section of the amendment of the House of Representatives, with the following amendments, namely:

1. Strike out the words "the gauge of the tracks" in the seventh line.

2. Strike out the word "them" in the eighth line, and insert the words "the two tracks" in lieu thereof. And that the House of Representatives agree to the said amend

ments.

That the Senate concur in the fifth section of the amendment of the House of Representatives with the following amendments, namely:

1. Strike out the words "track and the pavements within," in the second and third lines, and insert the word "tracks" in lieu thereof.

2. Strike out the word "always" in the fourth line, and insert the words "thereof and also the space between the tracks at all times well paved, and” in lieu thereof.

And that the House of Representatives agree to the said amendments.

That the sixth section of the amendment of the House of Representatives be stricken out.

That the Senate concur in the seventh section of the amendment of the House of Representatives with the following amendments, namely:

1. Strike out the words "likewise of” in the sixth line,

and insert the words "from so altering or improving" in lieu thereof.

2. Strike out the words "the level of" in the ninth line, and insert the word "their" in lieu thereof.

3. After the words "grade" in the ninth line, add the words "and pavements."

And that the House of Representatives agree to the said amendments.

That the Senate concur in the eighth section of the amendment of the House of Representatives.

That the Senate concur in the ninth section of the amendment of the House of Representatives.

That the Senate concur in the tenth section of the amend ment of the House of Representatives, with the following amendments, namely:

1. After the word "lie," in the second line, insert the words "not less than."

2. After the word "three," in the second line, insert the words "nor more than five."

And that the House of Representatives agree to the said amendments.

That the Senate concur in the eleventh section of the amendments of the House of Representatives with the following amendments, namely:

1. Strike out the word "railroad," in the second line, and insert the word "railways" in lieu thereof.

2. After the word "minutes," in the fifth line, insert the words "except as to Seventh and Fourteenth streets, and on these once in fifteen minutes each way."

And that the House of Representatives agree to the said amendments.

That the Senate concur in the twelfth section of the amendment of the House of Representatives with the following amendment, namely:

Strike out all of said section after the word " mentioncd," in the eleventh line.

And that the House of Representatives agree to the said amendment.

That the Senate concur in the thirteenth section of the amendment of the House of Representatives.

That the Senate concur in the fourteenth section of the amendment of the House of Representatives, with the following amendment, namely:

Strike out all of said section after the word "enacted," in the first line, and insert as follows: "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 freights for the use of the Government of the United States; the officers causing such service to be done shall pay a reasonable compensation therefor."

And that the House of Representatives agree to said amendment.

That the Senate concur in the fifteenth section of the amendment of the House of Representatives, with the following amendment, namely:

Strike out all of said section after the word " enacted,” in the first line, and insert as follows: "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 in some convenient and acces sible place in the city of Washington, from nine o'clock in the forenoon till five o'clock in the afternoon, for a period to be fixed by said corporators, not less than two 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 every subscriber shall pay, at the time of subscribing, twenty-five per cent. of the amount by him subscribed, to the treasurer appointed by the corporators, or his subscription shall be null and void. If, at the end of two days, a larger amount than the capital stock of said company shall have been subscribed, the books shall be closed, and the said corporators, named in the first section, shall forthwith proceed to apportion said capital stock among the subscribers pro rata, and make public proclamation of the number of shares allotted to each, which shall be done and completed on the same day that the books are closed: Provided further, That nothing shall be received in payment of the twenty-five per cent. at the time of subscribing except money, or checks, or certificates of deposit indorsed ‘good,' by the president or cashier of some good solvent bank or banks. 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, within twenty days thereafter, call the first meeting of the stockholders of said company to meet within ten days thereafter, for the choice of directors, of which public notice shall be given for five days in two public newspapers published daily in the city of Washington, or by written personal notice to each stockholder by the clerk of the corporation; and in all meetings of the stockholders each share shall entitle the holder to one vote, to be given in person or by proxy."

And that the House of Representatives agree to said amendinent.

That the Senate concur in the sixteenth section of the amendment of the House with the following amendments, namely:

1. Strike out the words, "who shall be chosen from and by the corporators herein provided,” in the fourth and fifth lines, and insert in lieu thereof the words “seven in number."

2. After the word "office," in the sixth line, insert the words, for one year and."

3. Strike out in the eighth line, the word "nine," and insert in lieu thereof the words "a majority."

And that the House of Representatives agree to said amendments.

That the Senate concur in the seventeenth section of the amendment of the House, with the following amendment, namely:

After the words "United States," in the sixth line, add

REPORT FROM A COMMITTEE.

Mr. CHANDLER. I am instructed by the Committee on Commerce, to whom were referred various resolutions, petitions, and memorials praying for the construction of a ship canal between Lake Michigan and the Mississippi river, to report them back, and ask to be discharged from their further consideration, and that they be referred to the Committee on Military Affairs and the Militia, where the rest of these resolutions, petitions, and memorials have been sent. It was so ordered.

CONFISCATION OF PROPERTY.

Mr. CLARK. The select committee on the subject of confiscation have directed me to report a bill, and ask to be discharged from the further consideration of the several bills, amendments, and petitions which were referred to them. I desire that the bill be printed, and I give notice that, as soon as it is printed and Senators shall have had an opportunity to consider it, I will call it up for the action of the Senate.

The PRESIDENT pro tempore. The bill will be printed under the general rule, as it comes from a committee.

The bill (S. No. 310) to suppress insurrection, punish treason and rebellion, and for other purposes, was read, and passed to a second reading.

The motion to discharge the committee from the various bills, amendments, and petitions referred to them, was agreed to.

JUDICIAL DISTRICT IN NEW YORK.

Mr. TRUMBULL. The Committee on the Judiciary, to whom was referred the bill (H. R. No. 233) to establish an additional judicial district in the State of New York, and in relation to the courts of the United States in said State, and also the bill (S. No. 129) to provide for the appointment of an additional judge for the southern dictrict of New York, have instructed me to report these bills back to the Senate with a recommendation that they be postponed until the first Monday of December next.

The report was concurred in, and the bills were postponed until the first Monday of December

next.

FOREIGN INTERVENTION.

Mr. TRUMBULL. I ask leave to offer a resolution calling for information:

Resolved, That the President of the United States be requested to communicate to the Senate, if in his opinion consistent with the public interest, any information lie may have of any designs on the part of any foreign Power to intervene in the contest now existing in the United States, and whether any foreign nation has made any arrangement with the insurgents, or has it in contemplation to recognize the rebels.

I am willing that the resolution should lie over. I do not ask for its present consideration.

MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by Mr. ETHERIDGE, its Clerk, announced that the House had passed a bill (No. 438) to grant pensions; in which the concurrence of the Senate was requested.

The message also announced that the House of Representatives had agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the bill (S. No. 178) to incorporate the Washington and Georgetown Railway Company.

ENROLLED BILLS SIGNED.

The message further announced that the Speaker of the House of Representatives had signed the following enrolled bills; which thereupon received the signature of the President pro tempore:

A bill (H. R. No. 258) to regulate the time of holding the courts of the United States for the district of Kentucky, and for other purposes; and

A bill (H. R. No, 269) to establish a Department of Agriculture.

HOUSE BILLS REFERRED. The following bills from the House of Representatives were severally read twice by their titles, and referred as indicated below:

A bill (No. 413) making appropriations for the

payment of the bounty authorized by the sixth section of an act entitled "An act to authorize the employment of volunteers to aid in enforcing the laws and protecting public property," approved July 22, 1861, and for other purposes-to the Committee on Finance.

A bill (No. 438) to grant pensions-to the Committee on Pensions.

BUREAU OF TRANSPORTATION.

The PRESIDENT pro tempore. If there be no further morning business, the bill (S. No. 253) to create a Bureau of Transportation, is properly before the Senate as the unfinished business of the

morning hour; the pending question being upon an amendment reported by the Committee on Military Affairs to strike out all after the enacting

clause of the bill and insert a substitute.

Mr. WILSON, of Massachusetts. The Senator from California, [Mr. LATHAM,] who introduced this bill, and who was authorized by the Committee on Military Affairs to report it, is not present, and I hope it will not be acted on in his absence.

The PRESIDENT pro tempore. What motion does the Senator make in reference to it? Is it before the Senate for consideration.

Mr. WILSON, of Massachusetts. I move that it lie on the table for the present. The motion was agreed to.

SLAVE OWNERS IN THE DISTRICT.

Mr. SUMNER. A report was made some days ago by the Committee on the District of Columbia with reference to some papers communicated to the Senate by the Secretary of the Interior. I should like to have that taken up now that I may make a motion with reference to it.

The Senate resumed the consideration of the following resolution, reported by Mr. GRIMES from the Committee on the District of Columbia on the 29th of April:

Resolved, That the Secretary of the Senate be directed to transmit the communication made to the Senate by the Secretary of the Interior on the 24th of April, touching the enumeration of slaves in the District of Columbia, with the papers accompanying the same, under seal, to the commissioners appointed under the late emancipation act of Congress, for the use of said commissioners.

Mr. SUMNER. I have had a conversation with a member of that commission, who has suggested to me the importance of having the document printed. I do not wish to ask the Senate to act upon that suggestion; but after a conversation with the Senator from Iowa, who is chairman of the Committee on the District of Columbia, I have thought it best that the resolution and all the papers should be recommitted to that committee. Accordingly I make that motion. The motion was agreed to.

WESTERN MILITARY CLAIMS.

Mr. WILSON, of Massachusetts. I move to take up for consideration the joint resolution (S. No. 78) to suspend all payments under the act approved 25th of March, 1862, entitled "An act to secure to the officers and men actually employed in the western department, or department of Missouri, their pay, bounty, and pension," and for other purposes.

The motion was agreed to; and the joint resolution was considered as in Committee of the Whole. It directs the Secretary of War to suspend all payments under the act approved 25th of March, 1862, entitled "An act to secure to the officers and men actually employed in the western department, or department of Missouri, their pay, bounty, and pension;" and that there shall be appointed by the President, by and with the advice and consent of the Senate, two commissioners, to examine all claims arising under the provisions of that act, and report the same, with the facts connected therewith, to the Secretary of War; the commissioners to have such compensation for their services as the Secretary of War may consider just and reasonable.

Mr. WILSON, of Massachusetts. I will make a brief explanation of this resolution. It will be remembered by Senators that we passed a special act to pay soldiers that had not been formally mustered into the service in the western department. At the time we passed that act it was understood it would settle with a few men in that department who had performed regular duty, but who had not been formally and regularly mustered into the service. It was understood certainly by the members

of the Committee on Military Affairs-I am sure it was by myself-that it would take a reasonable sum of money, and would correct some errors that the officers in that part of the country had fallen into. The Paymaster General has received a communication from Major Andrews, the paymaster who has the control of affairs in that part of the country, setting forth that the grossest frauds are being perpetrated under that act, and expressing his judgment, that in the way these frauds are going on, it will take $3,000,000 out of the Treasury of the United States, and suggesting as the only remedy the appointment of a commission for the purpose of thoroughly investigating the whole matter, paying those that ought to be paid, and rejecting all the fraudulent claims. He was of the opinion that it would save millions to the Treasury of the United States. He stated some facts in this communication showing how this law was administered, and the gross frauds that were being perpetrated under it. This joint resolution has been introduced to arrest those payments, and to provide for the appointment of a commission to examine these claims, and report what is actually due; for I suppose everybody wishes to pay what is right, and nobody wishes the Treasury to be defrauded. That is the object of the resolution.

Mr. GRIMES. It seems to me that this is inaugurating a rather loose system of legislation. In the first place, it is very important for us to know in what particular the law which it is proposed by this resolution to suspend is defective. Wherein is it defective? In what manner are these frauds perpetrated? Where are they perpetrated? By whom are they perpetrated? If we are going to reach the evil which the Senator proposes to reach by the passage of this resolution,

us know specifically what that evil is, and in what it consists. Now, sir, in regard to what may have been the opinions of individual Senators at the time of the passage of this law, it seems to me that matters but very little. The question is, is anybody going to be unjustly paid under the operation of that law? It does not matter what may be the amount that is proposed to be paid. If it is $1,000,000 or $50,000,000, if the Government is justly indebted to that amount, it is justly required to pay it, and should pay it.

But, sir, what does the Senator propose? He proposes that in all this western department there shall be an entire suspension of payment. Everybody knows that in the western department soldiers have not been paid; the employés of the Government have not been paid. Some of them have not been paid since April, May, and June of last year, while the whole resources of the Government have been poured into the laps of the contractors on the Atlantic coast. He proposes to suspend payment in all that western department, and to appoint a board of commissioners who are to go there, and not act according to any settled specific rules fixed by the War Department, or by Congress, or by any legislative authority, but according to their own individual wills, uncontrolled by any law or any regulation. They are to go there to make an investigation; and then what are they to do? They are to make a report to the Secretary of War, and there the whole thing ends. There is no provision in this resolution authorizing the Secretary of War to pay the money, even if the commissioners should decide that it is justly due. The effect of the resolution, if it should pass, would be for an indefinite period to entirely suspend the payment of everything that may be due in the western department until there shall be some further legislation by Congress. I submit, that with what facts we have, or with the entire absence of facts, the Senate ought not to pass this resolution.

Mr. LANE, of Kansas. The Senator from Missouri, [Mr. HENDERSON,] who feels a deep interest in this matter, is not in his seat, and I should like to have it postponed until he is pres

ent.

It seems to me that that would be but fair. He brought forward the original bill that this joint resolution proposes to limit. I therefore move that the joint resolution lie on the table for the present. Mr. HOWARD. I hope it will not be laid on the table.

Mr. FESSENDEN. That cuts off all debate. I suggest to the Senator from Kansas to allow the debate to go on. The Senator from Missouri may be in in the course of a few moments.

THIRTY-SEVENTH CONGRESS, 2D SESSION.

Mr.LANE, of Kansas. I withdraw the motion. Mr. HOWARD. I wish to move an amendment to the resolution, in the eleventh line, by inserting, after the word "act," the words "and in other similar cases;" so that the clause will read:

And that there shall be appointed by the President, by and with the advice and consent of the Senate, two commissioners to examine all claims arising under the provisions of that act, and in other similar cases, and report the same, &c.

It will be observed that the act to which this joint resolution refers, entitled "An act to secure to the officers and men actually employed in the western department," &c., is applicable simply to such troops as have been irregularly raised in the western department. What were the actual boundaries of that western department, I do not now recollect; but those boundaries do not embrace my own State. At the breaking out of the rebellion there was raised in my State a corps of men under the denomination of mechanics and engineers, a regiment of them, if I recollect rightly, under the direction of a Colonel Innis. This corps of engineers and mechanics were mustered into the service of the United States, and were removed from my State into the State of Kentucky, where they have spent the whole of the last fall and winter with the promise of very liberal payment. It turns out, in point of fact, that Colonel Innis had no authority whatever under the statutes of the United States to raise this corps of men, and that the Paymaster General had no authority whatever to pay them one single cent for their services.

The PRESIDENT pro tempore. The Senator from Michigan will suspend his remarks. The hour of half past twelve o'clock having arrived, the Chair calls up for consideration the special assignment for that hour, which is the resolution of the Senator from Kentucky, [Mr. POWELL,] in relation to the arrest of persons in the State of Kentucky by order of the Secretary of State.

Mr. HOWARD. I have nearly finished what I have to say on this subject. I merely wish to have a vote taken on this amendment, so that if the resolution should pass, it may cover the case to which I refer. I dare say there will be no objection to it. I will suspend my remarks, and I hope the vote will be taken on my amendment.

Mr. LANE, of Kansas. I renew my motion to lay the whole matter on the table.

Mr. HOWARD. Let the vote be taken on this amendment.

Mr. LANE, of Kansas. No, sir; I want to amend the resolution myself.

The PRESIDENT pro tempore. It is passed over by the special order.

ARRESTS IN KENTUCKY.

The Senate resumed the consideration of the following resolution, submitted by Mr. POWELL on the 21st of April:

Resolved, That the Secretary of State be, and he is hereby, directed to inform the Senate how many residents or citizens of the State of Kentucky have been arrested or removed from said State by his order or direction, and confined or imprisoned outside of the limits of said State, since the 1st of September last; that he state the names of the persons arrested, and the camps, forts, or prisons where they are or were confined; how long they and each of them have been imprisoned; and that he give the number and names of the persons so arrested and imprisoned who have been released, and the names of the persons so arrested who are still confined, and the place or places where they are imprisoned; and that he report to the Senate the names of all the citizens of Kentucky that have been imprisoned by his orders.

The pending question being on the amendment of Mr. SUMNER to strike out all after the word "resolved," and insert:

That the President of the United States be requested to communicate to the Senate, if in his opinion not incompatible with the public interests, any information in his possession touching the arrest of persons in Kentucky since the 1st of September, 1861, and their imprisonment beyond the limits of that State.

Mr. POWELL. I ask for the yeas and nays on the amendment.

The yeas and nays were ordered and taken. There being no quorum, the names of the absen

tees were called.

The PRESIDENT pro tempore. The vote is

THURSDAY, MAY 15, 1862.

still short of a quorum, and arrests all further proceeding with the public business.

Mr. ANTHONY. I move that the Senate adjourn.

Mr. WILSON, of Massachusetts. Let us have the yeas and nays on that.

The yeas and nays were ordered. Mr. POWELL. If it is in order, I should like to make an inquiry of the Chair. Perhaps it may

not be in order.

The PRESIDENT pro tempore. It will depend very much upon the nature of the inquiry. No business is in order.

Mr. POWELL. I was aware of that. I wish to ask the Chair whether, if the amendment offered by the Senator from Massachusetts should prevail, as it evidently will from the vote, it will then be in order for me to offer a substitute for it. The PRESIDENT pro tempore. It would not be in order.

Mr. POWELL. Should I have a right then to amend it by adding to it?

The PRESIDENT pro tempore. That would be in order. The Chair prefers to answer these questions when they shall come up in the order of business.

Mr. POWELL. I am very much obliged to the Chair for its kindness.

The PRESIDENT pro tempore. The Clerk will call the roll on the motion to adjourn. The and nays were taken; and resultedyeas yeas 8, nays 28; as follows:

YEAS-Messrs. Anthony, Foster, Grimes, McDougall, Nesmith, Pomeroy, Saulsbury, and Wade-8.

NAYS-Messrs. Browning, Chandler, Clark, Collamer,

Davis, Dixon, Doolittle, Fessenden, Foot, Harlan, Harris, Howard, Howe, King, Lane of Indiana, Lane of Kansas, Morrill, Powell, Sherman, Simmons, Sumner, Trumbull, Wilkinson, Willey, Wilmot, Wilson of Massachusetts, Wilson of Missouri, and Wright-28.

So the Senate refused to adjourn.

The PRESIDENT pro tempore. The question

recurs on the amendment to the resolution which has been before the Senate, and the Clerk will again call the names of the Senators who failed

to answer..

The Secretary called the names of the Senators who had not voted; and a quorum having been obtained, the result was announced-yeas 30, nays 7; as follows:

YEAS-Messrs. Anthony, Browning, Chandler, Clark, Collamer, Dixon, Doolittle, Fessenden, Foot, Foster, Grimes, Harlan, Harris, Howard, Howe, King, Lane of Indiana, Lane of Kansas, Morrill, Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Wilmot, Wilson of Massachusetts, and Wright-30. NAYS-Messrs. Davis, McDougall, Nesmith, Powell, Saulsbury, Willey, and Wilson of Missouri-7.

So the amendment was agreed to.

Mr. POWELL. I offer as an amendment to the resolution, as amended, these words, to be added

Mr. SUMNER. I submit to the Chair whether any amendment is now in order. The amendment which I moved was a substitute for the original proposition, and that has been adopted.

The PRESIDENT pro tempore. The Chair has already stated in answer to an inquiry from the Senator from Kentucky, that the amendment moved by the Senator from Massachusetts being

in the nature of a substitute for the whole resolution, if adopted, was not amendable. That is the well settled parliamentary rule of law and practice; but it is subject to this qualification: that additional matter not qualifying, not changing the nature of what the Senate have already agreed to, may be proposed and adopted as in order. It will depend then on the nature of the amendment proposed, which will be read.

The Secretary read the amendment, as follows. That he inform the Senate how many residents or citizens of the State of Kentucky have been arrested or removed from said State and confined or imprisoned outside of the limits of said State since the 1st of September last; that he give the names of the persons arrested, and the camps, forts, or prisons where they are or were confined; how long each of them has been imprisoned; and that he give the number and names of the persons so arrested and imprisoned who have been released, and the names of the persons so arrested and imprisoned who are still confined, and the place

NEW SERIES.....No. 133.

or places where they are imprisoned; and that he give the names of the persons aforesaid who were arrested by orders that were issued from the State Department and from the War Department.

The PRESIDENT pro tempore. This proposed amendment embodies very much the substance of what was contained in the original resolution, and which the Senate have just rejected; therefore it tially upon the same question. The question is on is not in order, the Senate having passed substanagreeing to the resolution as amended.

Mr. POWELL. I dislike exceedingly to differ from the opinion of the President; but it strikes me that under the former ruling of the Chair this amendment is in order.

The PRESIDENT pro tempore. The question is not a debatable one. The Senator is not at liberty to debate it except upon an appeal from the decision of the Chair.

Mr. POWELL. I take an appeal, then, from the decision of the Chair.

The PRESIDENT pro tempore. The question before the Senate is, "Shall the ruling of the Chair stand as the judgment of the Senate?" That is the question before the Senate, and it is debatable.

Mr. POWELL. The original resolution was a direction to the Secretary of State to furnish certain information to the Senate. The amendment of the Senator from Massachusetts asks for certain information of the President, touching the persons who have been imprisoned in Kentucky, if it is not incompatible with the public interest. The matter that I propose to add is certainly germane to the resolution, as it has been amended on the motion of the Senator from Massachusetts. It is simply asking the President, if not incompatible with the public interest, to state the names of the persons arrested, where they have been confined, whether they have been arrested upon legal warrant or not. So far as asking a statement of the names of the persons arrested and stating the prisons where they have been confined is concerned, it is identical with the original resolution; but in the latter part of the amendment, I propose to inquire whether they were arrested on legal warrant, and to ask the President, if not incompatible with the public interest, to give us the causes of their arrest, and also to designate such as were arrested by order of the War Department and such as were arrested by order of the State Department. It does strike me that the matter is germane, and is but carrying out and enlarging the resolution as it now stands amended on the motion of the Senator from Massachusetts.

All I have desired in this matter is that the information should be given. I have supposed, and I now suppose, that the amendment of the Senator from Massachusetts, is to avoid the information; but as I was compelled, by the vote of the Senate, to relinquish the idea of asking it from the Secretary of State, I wished to ask it of the Presi

dent in such a manner that if he chose to answer it I should get the information I desire. The resolution as it stands amended on the motion of the Senator from Massachusetts, will not necessarily give me that information, should the President respond to it. I think that under the announcement of the Chair I had a right to offer additional matter by way of amendment, and that the ruling of the

Chair that this amendment is out of order is erroneous; but I say so with very great deference. The amendment is addressed to the President and asks him, if not incompatible with the public interest, to give us the information. I am sure that unless Senators wish absolutely to prevent the reception of any information touching outrages upon the liberty of the citizen, they will not reject it.

Mr. SUMNER. If the information which the Senator seeks can be communicated consistent with the public interests, it will be communicated under the amendment which I have proposed. There is no occasion, therefore, for the additional words now moved by the Senator from Kentucky. They are entirely superfluous; they are out of place. Mr. President, it seems to me that the Chair has decided precisely in conformity with parliamentary rule when it has set this proposi

Mr. FESSENDEN. But that may involve a

Mr. POWELL. I do not know how that may be. Mr. FESSENDEN. I suppose the Senator can hardly expect a vote now. Would it not be as well to let it go over until to-morrow morning?

tion aside as out of order. It is not in order. The Senate has already acted upon the same proposi-reply. tion. It is the same old thing under a new alias. The Senator, in bringing forward the second proposition, simply changes postures on an uneasy bed, and it seems to me that the Senate is not to aid him. Under those circumstances I hope the Senate will, without any debate, affirm the decision of the Chair.

Mr. POWELL. The Senator is very much mistaken if he thinks that my posture is at all I think the posture of others is rather uneasy. uneasy; hence they want to withhold the information. I can assure him that I am perfectly easy in this matter. I do desire this information, though I think it is legitimate; and I am astonished that Senators should oppose it. In order to show the Senate that I am not moving in this matter with any petulant motive, or in any bad temper, I wish to read an extract or two from letters I have here, to show how my constituents have been treated by this Secretary of State

The PRESIDENT pro tempore. The question is on the decision of the Chair, and the debate must be confined to that question.

Mr. POWELL. I should like very much if the Senate would indulge me in reading an extract from one or two letters, showing what the action of the Secretary of State has been.

The PRESIDENT pro tempore. Senators will confine their remarks to the question before the body.

Mr. POWELL. I will not infringe on the rule without the consent of the Senate.

The PRESIDENT pro tempore. Debate must be confined to the decision of the Chair.

Mr. POWELL. I hope the Senate will reverse the decision of the Chair.

The PRESIDENT pro tempore. The question is," Shall the decision of the Chair stand as the judgment of the Senate ?"

Mr. CLARK. On that question I ask for the yeas and nays.

The yeas and nays were ordered; and being taken, resulted-yeas 34, nay 1;.as follows:

YEAS-Messrs. Anthony, Browning, Chandler, Clark, Collamer, Davis, Dixon, Doolittle, Fessenden, Foster, Grimes, Harlan, Harris, Howard, Howe, Lane of Indiana, Lane of Kansas, Latham, McDougall, Morrill, Nesmith, Pomeroy, Sherman, Simmons, Sumner, Ten Eyck, Trumbull, Wade, Wilkinson, Willey, Wilmot, Wilson of Massachusetts, Wilson of Missouri, and Wright-34.

NAY-Mr. Powell-1.

So the decision of the Chair was sustained; and the question recurred on the resolution as amended.

Mr. POWELL. I will take this occasion to say what I was about to say a moment ago when I was held not to be in order. It is not my purpose to enter again into a debate on this subject; but it has been intimated that the remarks I made in regard to the Secretary of State were rather harsh. I admit that they were a little harsh, sir, but I verily believe they were true. I hold in my hand a letter written to me by a very distinguished gentleman of Kentucky, in which he recites an interview that took place with the Secretary of State concerning one of the prisoners from Kentucky, as given to him by Colonel Throop, a gentleman of very high standing, and I beg to read to the Senate an abstract from that letter.

The PRESIDENT pro tempore. The Chairis obliged to call on the Senator from Kentucky to suspend his remarks, as the morning hour having expired the special order supersedes the further consideration of this resolution, and the special order is the Indian appropriation bill.

Mr. POWELL. I move that that bill be postponed for ten minutes. I do not wish to occupy the time of the Senate for more than ten minutes. I wish to read an extract from this letter. Mr. LANE, of Kansas. I trust that will be allowed.

The PRESIDENT pro tempore. By general consent the Senator from Kentucky may proceed with his remarks to their conclusion.

Mr. FESSENDEN. If the Senator from Kentucky merely wants to read an extract from a letter, I shall not object; but if he wants to do more than that, I must insist upon going on with the Indian bill.

Mr. POWELL. All I want is to read this extract and an extract from another letter. I shall not detain the Senate more than five minutes beyond that.

Mr. POWELL. I prefer to have the vote now. I have been somewhat assaulted because it is said I spoke too harshly of the Secretary of State. The PRESIDENT pro tempore. No objection being made, the Senator from Kentucky will proceed with his remarks.

Mr. POWELL. I will read the extract from the letter to which I have referred:

"While Colonel Stanton, of this city, was still a prisoner at Fort La Fayette, his brotlier-in-law, Colonel Throop, em ployed (through my agency) Mr. Charles F. Mitchell, of Flemingsburg, formerly a member of Congress from New York, and, as I knew, an intimate friend and correspondent of Seward's, to accompany him (Throop) to Washington, to promote Colonel Stanton's release. They were joined at Washington by Frederick Stanton, a brother of Colonel Stanton. The three called on Mr. Seward, Throop and Stanton being introduced by Mitchell. They opened their mission by remarking that they had called to see him in reference to the Maysville prisoners. He abruptly replied Frederick that those prisoners would not be released. asked, what are the charges against my brother? Mr. Seward replied, there are no charges against him on file ;' and added that the business of his office pressed him too much to entertain inquiries or give explanations. One inquired if it was his purpose to keep citizens imprisoned against whom no charges were made? He answered, harshly, "I do not care a d-n whether they are guilty or innocent. I saved Maryland by similar arrests, and so I mean to hold Kentucky." To this it was remarked, that the Legislature and public sentiment of Kentucky were averse to such arrests. I do not care a d--n for the opinion of Kentucky,' he insultingly responded; adding that what he required was to hold her in the Union and make her fight for it; and then turning fiercely on Mitchell, demanded of him, 'why the hell are you not at home fighting traitors instead of seeking their release here? This is the substance of the interview as related to me by Colonel Throop."

I will say to the Senate that Mr. Frederick Stanton told me a few days after it occurred this very conversation, I will not say in these exact words, but in substance, and I know Colonel Throop to be as honorable a gentleman as lives in Kentucky or any other State. I have also a letter from a gentleman, whom I do not know, written to me from Camp Chase. It is a long and a very intelligent letter, written by a man who signs himself A. E. Eshelman, in which he says that he was taken from the county of Bourbon without charge; that he has been kept in prison for seven months; that he is a good Union man, and that he has demanded all the time to know what is the charge against him. I will not read the letter to the Senate, as it is rather long; but there is this indorsement on the letter:

Hon. L. W. POWELL:

A. E. Eshelman has been acting as ward master within prison hospital No. 2. He is well and well treated. What he states about himself is substantially true. I believe him to be a truc Union man. 'Truly,

L. C. BROWN, Post Surgeon, Camp Chase, Ohio.

This is buta sample of the letters I receive from my constituents, who say they are good Union men, and are innocent, and have been kept in these prisons. This is but a sample to show the way they have been treated by the Secretary of State. All I ask is that we shall have this information, I hope the vote will be taken, that the resolution will be adopted even in its present shape, and that the President will give the information which I seek.

The resolution, as amended, was agreed to.

PACIFIC RAILROAD.

Mr. McDOUGALL. I desire to inform the Senate that, upon consultation, I have determined that I will, in the morning hour on Tuesday next, move to take up the Pacific railroad bill, trusting that Senators will examine the bill, so that we can have action without discussion.

INDIAN APPROPRIATION BILL.

The Senate, as in Committee of the Whole, resumed the consideration of the bill (H. R. No. 260) making appropriations for the current and contingent expenses of the Indian department and for fulfilling treaty stipulations with various Indian tribes for the year ending June 30, 1863, the question being on the amendment of Mr. WILSON, of Missouri, to insert the following:

To pa the Wyandottes, who have petitioned Congress at its present session, for the same, $34,155 58, being the amount due them for moneys discounted on bonds held in trust for them by the United States, and interest, to be

paid to the heads of families in proportion to the number of members of each family, respectively.

Mr. WILSON, of Missouri. This claim of the Wyandotte Indians has grown out of a violation, on the part of the United States, of treaty stipulations with that tribe. The United States stipulated to pay them $100,000 in cash, and instead thereof paid to them Tennessee bonds, and these bonds were sold at a loss amounting to the sum which is named in the amendment. As the whole matter is very correctly set forth in the petition presented by the Wyandottes, I ask that their petition be read for the information of the Senate. Having examined the subject, I find that the facts correspond with the representations made in the petition.

The Secretary read the following petition: To the Senate and House of Representatives of the United States in Congress assembled:

The Wyandotte tribe of Indians, through their counsel, by Irvin P. Long, their attorney, represent:

That by the conditions of the first article of the treaty between said tribe and the United States, concluded at Washington on the 1st day of April, A. D. 1850, the United States undertook and agreed, among other things, to invest $100,000 in United States stocks for said tribe, bearing five per cent. interest per annum, and to pay to said tribe the said interest on said stocks so accruing, in the manner in which the said United States paid to said tribe their then present annuities.

Your petitioners further represent that by the seventh article of the treaty between said parties, made and concluded at Washington on the 31st day of January, A. D. 1855, the said United States undertook and agreed to pay to said tribe the said $100,000 so agreed to be invested as above stated, together with any accumulation of said principal sum, in like manner with the $380,000 mentioned in the next preceding article of said last-mentioned treaty and in two equal annual installments. That after numerous delays, the said $380,000 were paid and distributed to the several individuals composing said tribe. That at the time of the execution of the last-mentioned treaty, the parties representing the tribe believed, and were made to understand, that the said $100,000 were then invested in United States five per cent. stocks as stipulated in said.first-mentioned treaty, and so believing, distributed all of the said $380,000, relying on the prompt payment of the said $100,000 by which to liquidate the indebtedness of the nation. That the moneys received from the sale of the public property under the treaty provisions of 1850, were greatly insufficient to meet the expenses of the nation. That the said nation frequently called on the United States for the first installment of the said $100,000, and by letter of J. W. Denver, of January 10, A. D. 1859, were for the first time informed that said money had been reinvested in State stocks by the Uni ted States.

Your petitioners represent that said reinvestment was made without the knowledge or consent of said nation. That your petitioners then represented the facts of the case and necessities of the nation to several United States officers, and especially to the chairmen of the Committees on Indian Affairs, and were advised by them to receive said State stocks at their market value, and if the said United States would not pay the said sum in State stocks at their market value, to receive them at par under protest. And that the said nation, by their attorney, H. M. Northrup, on the 13th day of May, 1859, did receive Tennessee five per cents $52,000, and Missouri six per cents $1,000, and United States six per cents $594 53, in part payinent for said sum of $100,000 as aforesaid agreed to be paid. That at the time of the receipt of the said State stocks they were worth in New York and Washington no more than $37,807 50, and that said nation actually received no more than $37,807 50 for said State stocks, and for the six per cent. United States stocks $600, making in all $38,407 50, as will appear by aff davit of H. M. Northrup, hereto annexed, marked A. That the said nation, by their attorneys, Irvin P. Long and Matthew Mudeater, still acting under the suggestions and advice of said United States officers, on the 24th of March, 1860, received, as above stated, stocks of the State of Tennessee, five per cents, $53,000, and that the highest market price for said stocks in New York and Washington at that time was $41,870, and that they received no more for said stocks than $41,870 on said second installment, as will appear by affidavit of Matthew Mudeater, hereto annexed, and marked B. That said stocks were received by the said attorneys by necessity at par value; but under protest duly filed in the proper office at Washington, and with the full understanding that any deficiency arising by depreciation of said stocks would be restored to said tribe by act of Congress. That the whole amount received on said $100,000 and accumulations is $80,277 50, and that there is due said nation $25,722 50 of the principal sum, and interest on $14,593 from May 13, 1859, and on $11,130 from March 24, 1860, at five per cent., to the time of your final action on this peti

tion.

They further represent that in consequence of the failure on the part of the United States to fulfill its said contract with your petitioners, they have suffered great loss and damage, and have actually paid for expenses of attorneys and for their time and services in getting said stocks, and negotiating the same in market, $3,200.

And your said petitioners in this behalf charge :

That the United States violated the said treaty of 1850 in this, namely: that after the investment of said $100,000 in United States five per cent. stocks, the same was reinvested in State stocks by the United States without the consent or knowledge of the said nation; and that at the time of the said investment in said State stocks, the said State stocks were greatly depreciated, and were on a long time before maturity, and that at the time of the execution of the said treaty of 1855, the said United States, well knowing that said investment was in depreciated State stocks on long time, agreed to pay said sum and interest in