« PreviousContinue »
And all dis
ford, and I know that many of them did suffer tion of these Indians are now in Kansas, having and we gain nothing by saying that we take and die.
been driven out of their country, but they are soon it out of that money. We may just as well apMr. LANE, of Kansas. I was in Kansas when
to return, is my colleague says, and a military | propriate it out of the Treasury in the first instance, Opothleyoliolo arrived there, at Leavenworth, with force is about to go forward with them. I want and let the provision stand as it does in the bill, his bands, and he stated to me that they lost over this money used not only for their benefit but for that the President may suspend the whole or a five hundred killed by the enemy between leaving the benefit of any loyal Indians who may have re part of the appropriations at his discretion, and their homes and their arrival in Kansas.
mained in their own country. I say distinctly to ihen, if you please, give him a certain amount of Mr. POMEROY. The point I was making is the Senate that when these Indians who have been money to be used for this specific object, for the that there are other loyal Indians besides those in driven out return home, they will find many others benefit of these persons, if that is advisable, Kansas, and that to appropriate this money sim there as loyal as themselves, who have never been Whether it is advisable or not, I do not pretend ply to those who are there, wheiher they were absent. Unless my amendment be adopted, I fear to know. But if these treaty obligations remain driven away or ran away, might be unjust to those thatthe amendment of the Senator from lowa will upon us, nothing is gained' by authorizing the who remained. I am for the Government either | deprive the Indian department of the power of President to spend all the money appropriated returning them to their homes, or appropriating doing anything for those who were not driven out, under the treaty for the benefit of pariicular indi. money to feed those that we have; but I do not and as they will all be back shortly, I think we viduals. We shall have to pay it over again to want ihe appropriation restricted to them simply, l ought to allow the department to expend this the tribe. because there may be others just as good, just as money for the benefit of all who have been faith Mr. LANE, of Kansas. Permit me to state to loyal, who suffered; others, perhaps, more deserv ful and true, whether they were driven out or not. the Senator from Maine that those of the tribes ing, who have remained at home and stood true to Mr. DOOLITTLE. There is force in the state that have remained at home, I think, have received their relations to the Government and their own ment made by the Senator from Kansas who last from the confederate government what was due people. While I would do all that my colleague addressed the Chair, that there may be some loyal from us, and it seems to me altogether just that would do for those in Kansas, I would not restrict || Indians, who were not actually driven from their the Indians who came away should be paid by us the appropriation to them; but I would have it so homes, that ought to be embraced within the ben the amounts that would otherwise be due to the that the Department might alleviate the sufferings | cfits of the provision. If the words to which he tribes. of others besides those in Kansas with this money. l objects should be stricken out, the provision would Mr. FESSENDEN. I think the Senator canTo carry out the view which I entertain, I move apply to all those Indians who the President is sut not be certain of that fact. I think he cannot to amend the amendment of the Senator from lowa isfied have remained loyal; and with that amend know it to be a fact. by striking out the words “and have been driven ment I hope the amendment of the Senator from Mr. LANE, of Kansas. I have it from the Infrom their homes." lowa will be adopted.
dians and from our agent. Mr. FESSENDEN. I will read to the Senate Mr. HARLAN. The object the committee had Mr. FESSENDEN. In what did they pay an amendment, which I have drawn up to take the in view was to provide relief for the Indians that them? place of that which was adopted yesterday on the had been driven from their homes on account of Mr. LANE, of Kansas. They paid the Chermotion of the Senator from Ohio, that I think will their changed condition, so that the Department okecs $60,000 in gold and the balance in confedaccomplish the purpose fully:
could pay them more money than they would be erate notes. They paid cach tribe a portion of That in all cases where the tribal organization of any In able to draw under the treaty regulations; and I | gold and a portion of confederate notes. dian tribe shall be in actual liostility in the United States, make this remark in reference to the amendment Mr. SHERMAN. And yet the tribal organithe President is authorized by proclamation to declare all proposed by the Senator from Maine. He pro zation is not at war with us! treaties with such tribe to be annulled, itbrogated, aud set aside: Provideil, That in the opinion of the President the
poses that the President may use pro rata, for the Mr. LANE, of Kansas. I say still the tribal saine can legally be done. Au the President is further benefit of the loyal Indians, what they would be organization is not arrayed against the Governauthorized to expend so much as may be necessary of any entitled to under the treaties. I suppose that under ment. amount of money appropriated for the benefit of any tribe
the bill, as it now stands, the money will be thus Mr. WILKINSON. The Commissioner of In. whose organization shall be in hostility as aforesaid for the relief and supply of loyal Indians belonging to said tribe:
appropriated, for the very proviso which I have dian Affairs told me that he had satisfactory evi. Prorided, That no greater amount shall be thus expended proposed to amend says that the President may dence that the confederate government had paid than would equal the ratcable proportion of said appropri suspend or postpone the appropriations, wholly these Indians something between one hundred and ntiou belonging to ihe Indians ihus supplied bursements under this section shall be reported in detail to
or in part, at and during his pleasure and discré one hundred and fifty thousand dollars. The Congress on the first day of the session following the fiscal
tion. I suppose that the House of Representatives | money, however, has been appropriated by the year during which said money is expended; and all sup intended, in framing that proviso, to enable the Indians who aided the confederate government, plies purchased under this act shall be purchased in the President to suspend the payment of annuities to and the Commissioner intended in the end to have inode prescribed by law for other supplies.
the disloyal Indians, and to pay out pro rata the it applied as a payment from us. Mr. LANE, of Kansas. I suggest to the Sena amount that would be due to the loyal Indians, Mr.FESSENDEN. How can he do it? That tor from Maine to make an alteration in his amend whether in or out of their reservations. But in is the question. Suppose they have taken the ment, because none of the tribes are at war with consequence of their changed condition, they hav- confederate money in that way and have gone to the United States as tribes.
ing been driven from their lands, and being unable war with 118, the question still remains, has their Mr. FESSENDEN. Very well; then there to cultivate their grounds and raise crops, it will action abrogated the treaties. If it has, that will would be no trouble arising under the section. require some more money to carry them through answer. It it has not, the fact that they have re
Mr. LANE, of Kansas. But you do not reach the current year than otherwise would have en ceived money from the confederate government, the money then?
abled them to live. As I have before remarked, the fact that other people have chosen to give Mr. FÉSSENDEN. Oh, yes. That is entirely the Department asked for $200,000 for this pur them money to engage in war against us, does discretionary,
pose. The committee believe that if the Depart not relieve us from our treaty obligations. We Mr. LANE, of Kansas. Is that in your sec ment should be authorized to use the money cannot avail ourselves in any possible way that I ond clause?
already appropriated in this bill to these tribes in know of, of money thus paid. Therefore I say Mi, FESSENDEN. Yes. “And the Presi gross, for the benefit of the loyal Indians who have if the object is what it is said to be by my friend dent is further authorized to expend so much as been driven out, so far as it may afford them re from Iowa, we gain nothing by authorizing the may be necessary of any amount of money appro lief, until they can be returned to their homes, | payment of this particular money. The money priated for the benefit of any tribe whose organi- || and crops produced for their support, it will be all goes out of the Treasury, and it makes no difierzation shall be in hostility as aforesaid, for the the relief that is necessary. If any Senator can ence whether it goes out under a treaty stipularelief and supply of loyal Indians belonging to frame an amendment which will have this effect tion or whether it goes out by way of approprisaid tribe.”
in language more plain and pointed than that ation, so that it goes out but once. If it is absoMr. LANE, of Kansas. That language ought which I have offered, I shall be most happy to lutely necessary—and of that I cannot judge-to to be changed, for there are no such tribes. have him do so, but I do not believe the amend make an appropriation for the support of these
Mr. FESSENDEN. Then the amendment of ment of the Senator from Maine does this. 1 || Indians, I really prefer that we should appropriate the Senator from Ohio, which you have been think the amendment proposed by the Senator a specific sum for their support right off at once. speaking against, is simply nugatory and amounts from Kansas reaches a class of persons not con Then what is the result? If we appropriate and to nothing.
templated by the committee when they authorized pay it to them, it may be deducted afterwards Mr. LÅNE, of Kansas. If you change it so this amendment to be proposed.
rateably from the amount due to them if there is as to read, “ where any portion of the tribe is at Mr. FESSENDEN. The Senator from Iowa | enough to meet it, and if not, we must lose the war," it will reach what I desire.
says that the Department proposes to appropriate difference, and the money remains in the TreasMr. GRIMES. We have been very much mis- $200,000 for this purpose, and now, instead of ury under the treaties just as it did before. That informed if the tribal organizations are not in hos ihat, he wishes to let the President apply just the is an obligation entirely distinct. tility to us. Certainly the Choctaws and the amount of money that he may think necessary I agree with my friend from Ohio that we are Cherokees are.
out of these appropriations for the relief of these under no more obligation to appropriate money Mr. LANE, of Kansas. No, sir. Ross was Indians. We have appropriated a good deal more to relieve these Indians than to relieve white peoimprisoned and was compelled to acquiesce; and than $200,000, I suspect, in the whole, though I ple unless that obligation comes upon us by virtue yet they did not declare war, and none of them have not added it up.
of having money of theirs in our hands which we have done so as tribes.
Mr. HARLAN. I think not. I have looked are bound to pay. I see no reason in the world, Mr. POMEROY. I should like to have a sep. over the appropriations hurriedly in connection merely because they are Indians, why we should arate vote upon that portion of the amendment of with the Senator from Minnesota, and I think take money out of the Treasury to pay them, and the Senator from Maine which refers to abroga hey will not amount to more than one hundred not do the same by white people, who are suffer. ting treaties.
orone hundred and twenty thousand dollars in all. ing just as much as they are, unless, as I said Mr. FESSENDEN. That has been adopted Mr. FESSENDEN. The difficulty is just this: il before, we have money of theirs which may be already.
if we take money that we have appropriated to a Mr. POMEROY. I did not know it. I ques
appropriated for their benefit. Now, my friend tribe under a treaty, and pay that money wholly from lowa will consider that there are two years tion the propriety of abrogating the treaties, and over to a portion of the tribe without any tribal in arrears here for these Indians-he appropriaI doubt our righi to do it. The fact is that a por- l action, the obligation of the treaty remains upon li tions made last year and the appropriations which
we now make in this bill. I think the provision no difference, so far as the amount of money to do now when the question is pending and legitiI have suggested, that the amount shall not cx be used is concerned, whether we take it out of || mately pending as it seems to me. ceed their rateable proportion, would probably, if the appropriation already made or out of new ap The Senator asks why not investigate this subthey got all that, make sufficient provision for propriations, provided the President should not ject and present.it in a separate bill. Why not them. I am certainly unwilling to tamper with abrogate the treaties; but if he were to abrogate have a separate bill for every item of appropriathe matter in that way. You must either do one the treaties, and thus withhold the money per tion embraced in this bill, not only for these-Inthing or the other, or else take the money out of manently, it would be a saving to that exteni. dian tribes but for other Indian tribes that are the Treasury:
Mr. GRIMES. I likve no motion to make on under the control and supervision of the national Mr. POMEROY. I shall not insist upon a vote this subject, but it seems to me the wise way Government? I see no reason for postponing a upon my amendmentifthe Senator from lowa will
would be to let this appropriation go, and let the decision on this subject. If the Senate do not want satisfy me or the Senate that the Commissioner of Committee on Indian Affairs report to us a bill to make the appropriation, let them say so and Indian Affairs, or whoever pays the money, can with proper checks and guards to cover the case vote down the amendment; or if they think some pay the proportion that is proposed to be paid to that is sought to be covered by this amendment. I other proposition will reach the object contemplaihé loyal Indians, whether they have been driven || Nobody knows anything about the condition of ted by this, let the substitute be presented. There out or not.
these Indians; nobody knows how they are to be is no necessity for postponing ii. It will not diMr. HARLAN. I think there is no shadow || supplied, or at what rates; how many there are minish the amount of dollars that may be needed; of doubt about that. The appropriations are made of them, or anything about them. It seems to the same amount will be needed to-morrow that in the body of the bill in the usual form, and then me the object ought to be reached by a separate || is needed to-day. the proviso authorizes the President to suspend || and distinct bill on the subject, and ihen we can Mr. DOOLITTLE. The facts that can be known these payments in whole or in part. That, doubt- | thoroughly understand it. The committee do not are all within a pretty narrow compass, and I beless, would leave him with full power to exercise seem fully agreed upon the subject, and there is lieve they are before the Senate or within the reach a discretion to pay the loyal Indians who are still a diversiiy of opinion among the gentlemen who of the Senate at the present time. There are conresiding on their own reservations, as it seems to represent the section of the country where the In tained within this bill appropriations for the ben
dians now are. I really do not know how to vote efit of those tribes of Indians some portions of Mr. POMEROY. I noticed that the language || myself. I do not want to kill the Indian appro- whom are disloyal and some portions of whom of the Senator's amendment was to pay to such priation bill by my vote, and yet I am unwilling have been driven out, amounting 10 $119,860, as as had been driven out.
io vote for some of the propositions that I have I figured it up yesterday. That is the whole Mr. HARLAN. Certainly; to relieve those heard suggested.
amount of appropriations in this bill to which this who have been driven away from their homes and Mr. FESSENDEN. I hope the course sug- || amendment would apply. farms.
gested by the Senator from lowa (Mr. Grimes] Mr. SHERMAN. I included in my statement Mr. POMEROY. Is it confined to those ? will be followed. I am satisfied that we do not back interest on the abstracted bonds.
Mr. HARLAN. It is confined to those, I understand this matter, and cannot tell what its Mr. DOOLITTLE. The Senate declined to think.
operation on the Treasury will be. We may be insert that in this bill. If that had been included Mr. POMEROY. Suppose that in six weeks || authorizing the expenditure of a good deal of || in the bill, the necessity for this amendment would from now they should all be back home again, money in a very loose way. If the Committee on not have existed. could payment be made to any who had not been Indian Affairs will bring in a bill saying that it is Mr. SHERMAN. But the amendment applies away?
necessary, that they have looked into the matter, to all money heretofore or hereafter appropriated. Mr. HARLAN. I suppose that when they || and have seen how it can be arranged with safety Mr. DOOLITTLE. When the report was made shall have been returned to their homes the pay to the public Treasury as well as to accomplish of which I read an extract yesterday, eight throuments will all cease. Whenever the necessity for their purpose, I shall vote for it with pleasure, be sand five hundred and seventy-two of these Inthis increased bounty shall have terminated I sup cause I think myself, that having this money in dians had arrived in Kansas from the Indian terpose the President will suspend the payment. the Treasury, we ought to apply so much of it as ritory, and it was estimated that there would be
Mr. POMEROY. But ihe necessity does not may be necessary, if it can be done, for the sup nearly three thousand more. As a matter of terminate by geiting them back. When they ar port of those Indians who have suffered. I think course, we cannot know, no human being's forerive at home they will be as poor as now, and if ihat is right; but here the proposition is imma- | sight can know, how long it will take to get these they need to be paid to-day they will need it when ture, and no two opinions agree as to the manner Indians back again; how long it will take to quell they get back ; and not only those who have been in which it shall be done. I hope these amend the rebellion in the Indian territory, and make away will need it, but those who have remained ments will be withdrawn, and that then the Sena peace; nor can we tell how much it is going to cost. and have been loyal will need it, and they should tor from Ohio will allow his to be withdrawn, and I hope the Senate will act on this subject, and have it. I did not propose to confine this payment let the bill stand as it is in this respect.
dispose of it now. If a new bill be introduced, simply to those who have left. I do not know Mr. POMEROY. I withdraw my amendment. we shall get no new facts. Here are the plain precisely what the amendment of the Senator from Mr. HARLAN. There is no disagreement be facts before the Senate; we discussed it last evenIowa is, but if it will reach the case provided for tween the members of the Committee on Indian ing; we have discussed it to-day; we may just as by the amendment which I propose, I will with Affairs upon this subject. It is merely a disa well act on it now as at any other time. In reladraw my amendment.
greement of other Senators from the committee, tion to the matter of the appropriation, I will say Mr. HARLAN. It was not my intention to and if other Senators do not understand this sub to my friend from Maine that it seems to me there authorize the President to pay any additional || ject it cannot be mentioned, I suppose, as the fault is this difference: this bill appropriates a given sums of money to Indians who have remained at of the Committee on Indian Astairs. We have sum of money, and authorizes the President to their homes in quiet possession of their own prop; attempted to investigate it and understand it, and suspend the payment of a portion of it to those erty: They had the opportunity to plani and to some extent, I suppose commcısurate with our Indians who are disloyal; and the proposition of cultivate their crops as usual, and in regard to capacity to comprehend, do understand it, and the Senator from Iowa is, that we may take that them no new necessity has arisen to augment the acting on our own understanding, with the light || money which is suspended-levy a contribution, bounty from this Government for their benefit. that has come to us, we think that some such ap if you please, upon the money which is susIt was the purpose of the committee, I think, only || propriation as this ought to be made. It is for pended from being paid to the disloyal Indiansto afford relief to those who had been driven oui, ihe Senate to say whether they will follow the and use it, if the President shall so direct, for the whose condition had been changed, who in con advice of the committee, who are not divided in benefit of the loyal Indians, and in making peace sequence of events entirely beyond their control || opinion on this subject, or whether they will fol- | and taking care of them. It seems to me it is just; were unable to pursue their usual avocations, un low the advice of those who say they know noth and I hope the amendment will prevail. able to occupy their original hunting grounds, if | ing on the subject. If the Senator from Maine Mr. LANE, of Kansas. That we may get at they had any, or to plant or cultivate their land, knows nothing on this subject, I suppose it is this subject unembarassed, and learn what the which they would have cultivated if they bad been because his time has been absorbed with other | Commitiee on Indian Affairs desire, after what at their homes. If the President shall succeed in subjects, in the investigation of other matters of has been already said as to the committee being the purposes of the department, in returning these importance. Now, will the Senate follow his ad united on the subject, I move to reconsider the Indians to their lands in a very short time-in vice, because he says he does not, for some reason vote by which the amendment proposed by the time to plant their crops--the necessity for using | satisfactory to himself, know anything on this Senator from Ohio was adopted. In that way we this money will have terminated as suon as the subject; or will the Senate follow the advice of their can get the question before us, and let the comcrops shall have been matured.
standing committee? I have wished, since this mittee act. 'The suggestion is madeMr. POMEROY. I wish to ask the Senator || question has been debated here, that somebody Mr. HARLAN. If the Senator from Kansas from lowa whether the loyal Indians remaining | else had been on the committee, with greater capa- will allow me, I will suggest that that motion can at home get any money under this provision? city than I confess I possess to comprehend these be made after the vote shall have been taken on
Mr. HARLAN. Not under this provision; | intricate subjects. I have, however, attempted to this amendment as well us now. If this amendbut they will under the appropriation bill as it || bring to bear honestly the limited ability I pos ment shall be adopted, then his motion will be stands.
sess, and so far as I am able to comprehend it I | pertinent. Mr. POMEROY. How are they going to get | believe I do. I do not think that additional time Mr. LANE, of Kansas. What I want is to get it? Who is to pay it to them?
will be of any advantage to me in coming to a a vote on the question of meddling with the treaties. Mr. HARLAN. I suppose it will be disbursed correct conclusion. I do not know how it may Mr. FESSENDEN. My friend from lowa by the usual agents of the Government.
be with other members of the committee. 1 || (Mr. Harlan) seems to be somehow or other, Mr. POMEROY. We have none there. believe, however, they have applied themselves contrary to his usual mood, a little sensitive and
Mr. HARLAN. But when they shall have || honestly and have attempted to understand this excited about this matter. All I meant to say in been returned there by the use of the necessary subject, and to some extent doubtless do; and if regard to it was that touching the fact of the obforce to restore those who are away, the agents they were asked to take up the same subject in the ligations which we are under io the Indians everywill be there and will be able to pay them. In investigation of a new bill, I do not believe they thing is left in a state of uncertainty. I submit relation to the suggestion made by the Senator would be enabled to enlighten the Senator from that the Committee on Indian Affairs, by their from Maine, as I am up, I will say that there is ll Maine or other Senators beyond what they can own confession, have not considered that subject.
They have only considered the subject whether
At two years of age he was an orphan, recognize; and secondly, that the Constitution of this money is needed for the support of the Indians, of humble parentage and scanty means. From the United States, notwithstanding all the efforts and the mode in which we should appropriate it. school he followed the example of Franklin, and of rebellion, was still the supreme law throughNow, as to the fact of its being needed, ihey are became a printer. There is no cailing, not pro out this region, without a foot of earth or an inunquestionably good judges. I do not pretend to fessional, which to an intelligent mind affords bet habitant taken from its rightful jurisdiction. Asdispute that. As to che mode in which it shall be ter opportunities of culture. The daily duties of suming the absence of Slale governments and the done, there is a difference of opinion arising from the young printer are daily lessons. The print- | presence of the national Constitution, the bill unthe questions with reference to the treaties. That ing office is a school, and he is a scholar in it. As dertook, through the exercise of congressional being the case, I submit that they have not been he sets types he studies and becomes familiar at || jurisdiction, to supply a legitimate local governquite so ready to give us the explanations in re least with language and the mystery of grammar, ment, with a governor, legislature, and court; gard to the bearing and the effret of the course orthography, and punctuation, which, in early but it expressly declared that “no act shall be proposed upon our treaty obligations that I should education, is much. And, if he reads proofs, he passed establishing, protecting, or recognizing the like. If they are satisfied themselves that they becomes a critic. At the age of twenty-two our
existence of slavery; nor shall said temporary understand it, I can only say, as my friend did, || young printer changed to a student of law, and government or any department thereof, sanction that the fact that I do noi is because, with my lim in 1848 was admitted to the bar.
or declare the right of one man to property in anited capacity, I am unable to comprehend their It was the very year of his admission to the bar other.” In a succeeding section, it was made the exposition of the law upon the subject. It may that the question of slavery assumed unprece duty of the authorities to establish schools for be all very clear to them.
denied proportions from the efforts made to push the moral and intellectual culture of all the inhabMr. LANE, of Kansas. The gentleman from it into the Territories of the United States. . Al itants, and to provide by law for the attendance Maine can do with the Indian Committee as the though he took no active part in the prevailing of all children over seven and under fourteen years Irishman did with the frog: take us with generous controversy, it must have produced its impres- of age not less than three months in each year.' confidence. That is the way we take the Commit sion on his mind. It was to maintain the prohi- || It was with a thrill of joyful assent that Mr. Baitee on Finance frequently.
bition of slavery in the Territories, and to repre LEY united with the majority of the committee in Mr. FESSENDEN. Generous confidence works sent this principle, that be was chosen to Congress. this bill. It was his last public act, almost his curiously in regard to the Treasury sometimes. In a speech at the time he upheld this cause against only public act in Congress, and certainly the most
Mr. LANE, of Kansas. When other Senators the open opposition of its enemies and the more important of bis public life. As a record of purinterfere with the reports of the Finance Commit subtile enmity of those who disparaged the im pose und aspiration it will not be forgotten. tee, they are met with the Senator's rebuke. portance of the principle. Never had Represent To such a measure he was instinctively moved
Mr. COLLAMER. I do not want to interfere ative a truer or nobler constituency. It was of || by the strength of his convictions and his sense of with the business of the Committee on Indian Al Worcester, that large central couniy of Massa the practical policy needed for the support of the fairs; but the suggestion of the Senator from lowa chusetis, and broad girdle of the Commonwealth, Constitution. He had no tenderness for the rethat the question of abrogating treaties by the Pres- || which, since this great controversy began, has bellion, and he saw with clearness that it could ident could be settled äfter the adoption of this been always firm and solid for freedom. To rep be ended only by the removal of its single cause. amendment seems to me to be inconsistent. I un resent a people so intelligent, honest, and virtuous His experience at the South added to his appreciaderstand that his proposition now is to pay over was in itself no small honor.
tion of ihe true character of slavery, and increased to loyal Indians money due by treaty to ihe whole But with this honor came soon those warn
his determination. He did not live to see this retribe. Now, suppose the President, under the pre- || ings which teach the futility of all honor on earth. bellion subdued, but he has at least left his testivious clause inserted on the motion of the Senator What is honor to one whom death has already mony behind. He has taught by what sign you from Ohio, abrogates the treaty, there will then be marked for its own? As life draws to its close, are to conquer. He has shown the principle which no money to pay over to anybody. It seems to the consciousness of duty done, especially in soft
must be enlisted. Better than an army is such a me that ihe question of the abrogation of the trea ening the lot of others, must be more grateful than principle; for it is the breath of God. ties should be first disposed of, and then we may anything which the world alone can supply. Mr. Bailey was clear in understanding as he was talk about disposing of the money due by treaty; Even the spoiler, Death, cannot touch such a pos pure in heart. His life was simple, and his manand as to abrogating treaties, I think the point of session. But this consciousness was not wanting mers unaffected. His, too, were all the household the Senator from Kansas exceedingly well laken; to the invalid who was now a wanderer in quest
virtues which make a heaven of home, and he was we ought not to attempl to abrogate them. of health. Compelled to escape the frosis of his bound to this world by a loving wife and an only
Mr. LANE, of Kausas. I move to reconsider Massachusetts home during the disturbed winter child. He was happy in being spared to reach bis the vole adopting the amendment of the Senator of 1861, when these civil commotions were begin own fireside. Sensible that death was approachfrom Ohio in regard to the abrogation of treaties. ning to gather, he journeyed nearer to the sun, ing, he was unwilling to continue here among
The PRESIDING OFFICER, (Mr. CLARK ) and in the soft air of the Mexican gulf found res strangers, and though feeble and failing, lie was That motion cannot be entertained at present un pite, if not repose, when he was overtaken by || conveyed to Fitchburg, where, after a brief period less the Senator from lowa shall withdraw his ihat blast of war, which, like
among kindred and friends, he closed his life. His amendment.
"* A violent cross-wind from either coast," public place here is vacant, and so also is his pubMr. WILSON, of Massachusetts. We cannot
swept over the country. Escaping now from lic place in Massachusetts. But there are other get through with the bill this evening. I move the menace of war in Florida, as he had already | places also vacant: in his home, in his business, that its further consideration be postponed till 10 escaped from the menace of climate in Massachu and in his daily life among his neighbors, in that morrow.
setts, he traversed the valley of the Mississippi, | beautiful town scooped out of the wooded hills, The motion was agreed to. and succeeded in reaching his home. Atthe session
where he was carried back to die. DEATII OF DION. GOLDSMITII F. BAILEY. of Congress called to sustain the Government, he
I offer resolutions, identical with those adopted appeared to take bis seat; but a hand was fastened on the death of Robert Rantoul: A message from the House of Representatives, upon him which could not be unloosed. Again
Resolved, unanimously, That the Senate mourns the death by Mr. James W. Clayton, announced the death he came to his duties here during the present ses
of Hon. GoldsMITH F. BAILEY, late a member of the House of Hon. Goldsmith F. Bailey, late a member
of Representatives, from Massachusetts, and tenders to his sion. But while his body was weak, his heart was relatives a sincere sympathy in this afflicting bereavement. of the House from the State of Massachusetts, strong. He often mourned his failing strength, Resolved, (as a mark of respect to the memory of the and communicated the proceedings of the House because it disabled him from speaking and acing deceased,) That the Senate do now adjourn. thereon.
at this crisis. He longed to be in the front rank. The resolutions were agreed to; and the Senate Mr. SUMNER. Mr. President, the last Rep- | But he was not a cipher. He was a member of adjourned. resentative of Massachusetts snatched away by the Committee on Territories in the House of death during the session of Congress was Robert Representatives, and its chairman relates that this
HOUSE OF REPRESENTATIVES. Rantoul. Ripe in years and brilliant in powers, dying Representative was earnest to the last that
Thursday, May 15, 1862. this distinguished person tardily entered these his vote should be felt for freedom.
The House met at twelve o'clock m. Prayer Halls, and he entered them not to stay, but sim know when you wish my vote, and, though weak,
by the Chaplain, Rev. Thomas H. STOCKTON. ply to go. Congress was to him only the ante I shall surely be with you,” said the faithful chamber to another world. Since then ten years
The Journal of yesterday was read and approved. child of Massachusetts. This is something for have passed, and we are now called to commem his tombstone, and I should fail in just loyalty to
DISTRIBUTION OF THE BLUE BOOK. orale another Representative of Massachusetts, the dead if I did not mention it here.
Mr. TRAIN. I ask unanimous consent to resnatched away by death during the session of As a member of this committee he put his name port a joint resolution for the distribution of the Congress. Less ripe in years and less brilliant in to a report which became at once a political event. Blue Book, and to have it put upon its passage. powers, Mr. Bailey occupied less space in the eyes In the uneventful life of an invalid, who was here There being no objection, the joint resolution of the country; but he had a soul of perfect purity, for a few weeks only, it ought not to be passed was read a first and second time. It authorizes 4 calm intelligence, and a character of his own over in silence. By a resolution adopted on the and directs the Secretary of the Interior to diswhich inspired respect and created attachment; || 230 of December, 1861, the Committee on Terri- tribute to each of the several bureaus in the Exand he, too, was here for so brief a term that he tories was instrucied “to inquire into the legaliiy ecutive Departments one or more copies of the seems only to have passed through these Halls on and expediency of establishing, territorial govern- || Blue Book for 1861-62, from the surplus copies his way, without, alas! the privilege of health as ments within the limits of disloyal States or dis now deposited in the Interior Department, prohe passed.
tricks." After careful consideration of this mo vided the number to any one bureau shall not exBorn in 1823, Mr. Bailey had not yet reached mentous question, the committee reported a bill ceed two copies. that stage of life, when, according to a foreign to establish temporary provisional governments Mr. TRAIN. There are now in the hands of proverb, a man lias given to the world his full over the districts of country in rebellion against the Secretary of the Interior four hundreil copies measure; and yet he had given such a measure of the United States. This bill assumed two things, of the Blue Book, which must remain undistribhimself, as justified largely the confidence of his which, of course, cannot be called in question: | uted unless their distribution be provided for by fellow-citizens. This was the more remarkable, first, that throughout the rebel region the old loyal Congress. The heads of bureaus cannot get a as he commenced life without those advantages | State governments had ceased to exist, leaving no copy under the present law. I therefore desire to which assure early education and open the way to person in power there whom we could rightfully I have the resolution passed.
" Let me
The joint resolution was ordered to be engrossed ferred to the Committee for the District of Co any house or building while the same was occų. and read a third time; and being engrossed, it lumbia.
pied as a place of military deposit under the auwas accordingly read the third time, and passed.
ihority of an officer or agent of the United States; Mc. TRAIN moved to reconsider the yote by
An act (S. No. 304) to authorize the appoint- || during said rebellion by any person in consequence
also, all claims for Josses or damages sustained which the joint resolution was passed; and also moved to lay the motion to reconsider on the mentof medicalstorekeepers and chaplains of hos
of the destruction of his or her real or personal table.
pitals-read a first and second time, and referred The latter motion was agreed to. io the Committee on Military Affairs.
property by the troops in the service of the United
States by order of the commandant of the corps CIVILIZED INDIANS.
for whose use the same was occupied, taken, or JOIN II. KING. Mr. WEBSTER asked and obtained unani.
An act (S. No. 302) to protect the property
of mous consent to have the Committee of Claims Indians who have adopted the habits of civilized
The fourth section directs that the claimant or discharged from the further consideration of the life-read a first and second time, and referred to
claimants who may present his, her, or their claim case of John H. King, and to have the papers in the Committee on Indian Affairs.
under this act shall, in every case, make out an
account against the United States containing the the case referred to the Committee of Accounts.
MESSAGES FROM THE PRESIDENT.
items of such damages and losses, together with BILLS ON THE SPEAKER'S TABLE.
Several messages, in writing, from the Presi a statement of the circumstances atiending the Mr. ELIOT. There are several bills on the
dent of the United States, were received by Mr. same, and names of the officers who commanded Speaker's table; I move they be taken up, and Nicolar, his Private Secretary.
the troops by whom the damages or losses were
occasioned, the time when, as near as may be, referred to their appropriate committees.
and place where, such losses and damages were There being no objeciion, it was so ordered; and
The SPEAKER stated the business in order to sustained, which account shall be verified by the the following bills were taken from the Speaker's | be the consideration of the bill (H. R. No. 401) || oath of the claimant to the effect that the account table, and disposed of as indicated below.
relating to claims for the loss and destruction of || presented by him or her to said commissioners for TREASURY CONTINGENT FUND.
property belonging to loyal citizens and damages adjudication is accurately stated; and that the An act (H. R. No. 388) making appropriations the present rebellion, on which the gentleman from able; and that the amount claimed is justly due,
ihereto by the troops of the United States during prices charged are usual, customary, and reasonto reimburse the contingent fund of the office of the Secretary of the Treasury, including compen
New York (Mr. Fenton] was entitled to the floor. | after allowing all just credits and set-offs; that sation of additional clerks who may be employed
Mr. BLAIR, of Missouri. I ask the gentleman || neither the whole or any part of said claim has to yield to me.
been assigned or transferred, except as therein according to the exigencies of the public service,
Mr. FENTON. Certainly.
stated; and that he, she, or they have actually and for temporary clerks for the current fiscal year, and for the year ending June 30, 1863, with
Mr. BINGHAM. I object to any arrangement | sustained the damages charged in said account as about it,
having been done to his, her, or their property by Senale amendments-referred to the Committee
The SPEAKER. When the gentleman states of Ways and Means.
the troops of the United States over and above the for what purpose he appeals, it will be competent value of the portions of said properly which reWASHINGTON AQUEDUCT.
for any member to object, if it be against the rules. mained after its destruction; that the same has not A joint resolution (H. R. No. 68) authorizing unanimous consent of the House to have put upon
Mr. BLAIR, of Missouri. I desire to ask the been sustained by reason of any fraud, connivthe payment of certain moneys heretofore appro
ance, collusion, or procurement of the said claimpriated for the completion of the Washington
its passage the bill relating to medical storekeep ant or any other person or persons in his, her, or aqueduct, with Senaie amendments-referred to
their behalf; and that no payment has been rethe Committee on Military Affairs.
Mr. BINGHAM. I object.
ceived by the claimant, or any person for him, for Mr. FENTON. I call for the reading of the any part of said claim; and that he has not given COLLECTION OF DUTIES. bill now before the House.
any receipt or voucher by which any officer of the An act (H. R. No. 446) supplementary to an The bill was read. It directs that there shall be United Siates or other person has received or can act approved 13th July, 1861, entitled “ An act to appointed by the President of the United States, I receive a credit therefor from the United States. provide for the collection of duties on imports, by and with the advice and consent of the Senate, Said claimant or claimants shall also exhibit and and for other purposes," with Senate amend- || three commissioners and one solicitor of claims, | prove to said commissioners his, her, or their title menis-referred to the Committee on Commerce. who shall hold their offices during the pleasure of to the property, and the extent of their share or
the President, and be entitled for their services to interesi therein; and also furnish them with the EDUCATION OF COLORED CHILDREN.
a salary of $3,000 each per annum, to be paid names of all other persons who have any share or An act (S.No. 290) providing for the education | quarterly, out of any money in the Treasury not interest in said property, and their residence, as of colored children in the cities of Washington otherwise appropriated, and such other sum as far as may be. Before presenting said claims to and Georgetown, in the District of Columbia, and shall actually be expended or incurred by them said commissioners the party or parties making for other purposes-read a first and second time, | for traveling expenses in the discharge of their the same shall publish, in such public newspaper and referred io the Committee for the District of duties under this act, and certified as reasonable as shall be designated by the commissioners, pubColumbia.
by the Secretary of War, or First Comptroller of lished in or near the county in which he, she, or JURORS IN TIIE DISTRICT.
the Treasury. Each of said commissioners and they reside, once in each week for four consecuAn act (S. No. 279) providing for the selection
solicitor, before entering upon the discharge of his tive weeks, a notice containing a statement of the of jurors to serve in the several courts in the Dis: I duties, shall take and subscribe an oath to support particulars and grounds of said claim, and that
the Constitution of the United States, and faithtriet of Columbia-read a first and second time, fully discharge the duties of said office; and shall
ihe same will be presented to the commissioners
of claims under this act for adjudication; which and referred to the Committee for the District of
also take and subscribe the oath of allegiance re notice shall state under whose authority the propColumbia.
quired by the act of August 6, 1861, which oath erty for which a claim is made was taken, JamMOUNT OLIVET CEMETERY. shall be filed in the War Department.
aged, lost, or destroyed, and the names and resiAn act (S. No. 265) to incorporate the Mount The second section directs that the commission-dence of all persons intended to be offered as Olivet Cemetery Company in the District of Co ers shall appoint a clerk and marshal, who shall witnesses in the case. Due proof of said publicalumbia--read a first and second time, and referred hold their offices during the pleasure of said com tion shall accompany any account or claim preto the Committee for the District of Columbia. missioners, and perform such duties as may be sented to said commissioners under this act. OLIVER SPENCER WOOD.
required of them under this act. The clerk shall The fifth section provides that the solicitor of
receive a salary of $1,600, and the marshal a salary claims shall represent the Government of the UniAn act (S. No. 282) for the relief of Oliver | of $1,000 per annum, to be paid quarterly, from ted States, and attend the examination of parties Spencer Wood-read a first and second time, and the Treasury; and in addition the amount which and witnesses in relation to any claim which may referred to the Committee on Naval Affairs. they shall actually expend for traveling expenses | be pending before said commissioners, prepare
in the discharge of their duties under this acı, and interrogatories and cross-interrogatories, and su
which shall be certified as reasonable by the Seco | perintend the taking of testimony, and render such An act (S. No. 299) for the relief of Rose M. retary of War or First Comptroller of the Treas other services as may be required of him from Harte, widow of Edward Harte-read a first and
ury. Before entering upon ihe discharge of their time to time by said commissioners. second time, and referred to the Committee on duties, said clerk and marshal shall cach take and The sixth section provides that any person who Patents.
subscribe an oath to support the Constitution of shall corruptly practice, or attempi to practice, D. G. FARRAGUT.
the United States, and faithfully discharge the duo any fraud against the United States in the stateAn act (S. No. 303) for the relief of D. G. Far ties of said office, and shall in addition take and ment or proof of any claim, or any part of any ragul-read a first and second time, and referred
subscribe the oath of allegiance required by the claim, against the United States under this act to the Committee for the District of Columbia.
act of August 6, 1861, which oath shall be filed in shall forfeit the same to the Government; and it the War Department.
shall be the duty of said commissioners, in such MAJOR AND BRIGADIER GENERALS.
The third section gives to the commissioners cases, to make a special report of the facts and An act (S. No. 297) to limit the appointment cognizance of all claims against the United States fraud which was practiced, or attempted to be of major generals and brigadier generals in the
which shall be presented to them by any person practiced, to the Secretary of War; and in case army of volunteers-read a first and second time, || who, during the present rebellion, has sustained he shall approve and concur in said report, the and referred to the Committee on Military Affairs. or may sustain damages by the loss of any prop- | claimant shall be forever barred from prosecuting
erty which has been or may be taken by public said claim. ENFORCEMENT OF CERTAIN LAWS.
authority for the use and occupation of our Army; The seventh section gives the commissioners An act (S. No. 266) for the more convenient also, all claims for property taken or impressed by power to issue subpenas to require the attendance enforcement of the laws of the United Stales con public authority for the use or subsistence of the l of witnesses for examination before said commiscerning security to keep the peace and for good || Army of the United States during said rebellion; , sioners, which subpenas shall have the same force behavior-read a first and second time, and re also, all claims for damages by the destruction of ll as if issued by a district court of the United States,
ROSE M. IIARTE.
and compliance therewith may be compelled un doubt as to their correctness or their inadmissi to the world, and inviting the closest scrutiny. It der such rules and orders as said commissioners | bility, and at the same time afford a reasonable is scarcely possible, with the checks and safeshall prescribe; and, for the purpose of compel- || hope to the suiterers to whom we would extend guards in this bill, for a fraudulent claim to go unTing the attendance of such witnesses, and taking relief that recognition and payment would not be detected. Is it not the best provision against fraud their testimony, said commissioners shall have all unnecessarily delayed.
and imposition in such cases that could be devised? the power of said district court.
Mr. Speaker, I know something of the delays | Thanks to the Secretary of War for the suggesThe eighth section provides that the commis of payments, and the doubts of the legitimacy of tion, and I thank him moreover for his approval sioners shall adopt such rules and regulations for claims, in seeking the usual routine of adjustment of every section and paragraph in this bill.' The carrying this act into execution as the President | through the committees of Congress. People cominiitee have been careful not to overstep the of the United States shall approve, and publish the have come here year after year, as the followers principles and rules laid down for the guidance of same for eight weeks, successively, in the news of Mohammed went up to Mecca, and with results Congress in the adjustment of claims during the papers in the several States and Territories in too often about as unsubstantial. I really believe past history of the Government. They have which the laws of the United States are published. that there is no civilized country in the world looked at the precedents in legislation, and have
The ninth section gives the commissioners power where meritorious claimsagainst the Government had occasion to refer to the greatest intellects of to hold their sessions at such times and places, in are subjected to more intolerable delays than in the periods in which the Revolution and the last the United States, as they shall deem proper and our own, or in which claims of a most exception war with England occurred. The views of Hamconducive to the public interest and convenience able character have been more frequently allowed. || ilton and Madison, and later, of Whittlesey and of claimants. They may also, in their discretion, | But, if in the past this method of acting upon Giddings, have given to the Committee of Claims make a personal examination of any farm, plant claims against the Government was tolerable, it in earlier days an enviable fame, and from such ation, bulding, or property in relation to which would truly be intolerable now, when the num we have sought wisdom and guidance. any claim for losses or damages shall have been ber growing out of the prosecution of this war for After the war of 1812, and during a time of presented. They shall also have power to ex the Union is so wonderfully increased, and their great suffering and distress, the Congress thought amine on oath any claimant, and all other persons, urgency in many cases so painfully evident. proper in justice to claimants to make certain proin relation to said claim, who have any knowledge || Therefore, the committee, with entire unanimity, visions for them, and to establish certain rules and thereof; and shall cause the testimony so taken except in regard to one paragraph in the last sec principles in regard to their allowance. Our troops to be reduced to writing and signed by the person tion, have agreed upon the bill now under con ihen, as now, had taken for their use, subsistence, taking the same; and shall return said testimony, sideration, providing for a commission, under cer or comfort, horses, cattle, wagons, implements, with their proceedings in relation to said claims, | tain rules and regulations, and in conformity to forage, and quarters; and some of these claims it to the Secretary of War; and it shall be his duty certain well defined principles, to take testimony was thought ought to be allowed, and therefore to lay the same before the Congress of the United and report to the Secretary of War their conclu the law of April 9, 1816, and the principles then States at the commencement of every session sion, and to be by him submitted to Congress. affirmed are those upon which this bill is founded. thereof, to the end that such provision may be This plan has much to commend it to the ap I send the law to the Clerk's desk, and ask that the made for the relief of the claimants as shall be proval of the House and the country. It provides portion I have marked may be read. deemed just and proper.
à mode for relief at the earliest practicable time, The Clerk read, as follows: The tenth section directs that the commissioners consistent with a thorough investigation and the 65 When any property has been impressed or taken by shall not take cognizance of any claim against the condition of the Treasury. It would have uni public authority for the use or subsistence of the Army United States for the loss, value, or services, of formity of action within fixed rules. There would
during the late war, and the same shall have been destroyed,
Jost, or consumed, the owner of such property shall be paid any slave or person of color, nor for damages or be increased certainty of obtaining reliable testi the value thereof, 'deducting therefrom the amount which losses arising from his or her escape, capture, or mony and facts, and there would be an almost has been paid, or may be claimed, for the use and risk of detention; nor shall any person who has engaged, total avoidance of incongruity of action and of
the same while in the service aforesaid.' or shall at any time engage, in the present rebel- | frauds.
“This provision relates to every species of property taken
or impressed for the use and subsistence of the Army, not lion against the Government of the United States, Mr. Speaker, the Government may not be in a comprehended in any of the preceding classes, and which or been at any time hostile to such Government, condition to pay all just claims this session or shall have been in any manner destroyed, lost, or consumed or given aid and comfort to those engaged in said next, or even next year, but it should institute by the Army, including in its scope all kinds of provisions, rebellion, derive any benefit under this act. And such proceedings as will, while guarding itself
fürage, fuel, articles for clothing, blankets, arins, and am
munition; in fact, everything for the use and equipment of it shall be the duty of said commissioners to in- | against imposition and fraud, enable it to pay as quire into and take testimony as to the loyalty of soon as the means are at command for such pur “lu all these cases, the certificates of the officers or agents every person who has sustained loss or damage pose. Everybody knows, who has had the ex
of the United States taking or impressing any of the afore
said articles, authenticated by the officer commanding the to his or her property during the present rebellion, perience of one term in Congress, that the action
corps for whose use they were taken or iinpressed, and, furand as to the loyalty of those who may present
of the Committee of Claims would be slow, un thermore, of the officers and agents under whose command their claims under this act; and also as to whether certain, and irregular, varying somewhat withi the same were destroyed, lost, or consumed, specifying the the said persons in any manner favored or sup the changes in representation which are liable to
valuo of the articles so taken or impressed, and destroyed, ported a sccession ordinance in any State, or in
Jost, or consumed, and, if any payinent has been made for occur at the beginning of every Congress.
the use of the same, and the amount of such payment, any manner supported or favored rebellion against, “It seems to have been admitted, from an early (must be furnished ;) and if no payment has been made, or resistance to the laws of the United States. day, that the Congress was a tribunal unsuited the certificate inust state that none has been made. Mr. FENTON. Mr. Speaker, the Committee
" Before any other evidence will be received, the claimto the proper adjustment of private claims which
ant must make oath that it is not in his power to procure of Claims have had the subject of this bill under | depend upon the application of legal principles.' that which is above specified; and, further, that the eviconsideration from an early day in the session, This results from the nature of its organization, dence which he offers in lieu thereof is the best wlich be and they have given it the most careful and earnest the number of its members, and the magnitude of is able to obtain. attention. the interests of national concern which continu
“ Under this provision, no claim can be admitted for any It was evident to all, in the early stages of the
article which has not been taken by the orders of the comally engage its attention.
mandant of the corps for whose use it may be stated to rebellion, that the border States, so-called, were The care and responsibility in such cases usually have been taken. For any taking not so authorized, the to be occupied as the chosen ground of the rebels rests with the committee, and the time commonly party's redress is against the person committing it." in their wicked and terrific struggle to overthrow devoted to the investigation of claims is therefore Mr. FENTON. Then, as now, the depredathe Government. I do not say that the citizens of necessity extremely limited, and hardly, in any tions of the enemy were so extensive that indemof these States could not by a resolute and determ- | important case, sufficient for an investigation of nity to citizens was a matter of absolute impossiined stand for the Union have avoided many of the facts or the proper thought of the legal or bility; but Congress passed the law prescribing the desolating consequences to them and to their equitable principles which ought to govern the the principles upon which the Government would property which have followed. Passing by this final determination of all such questions. It is hold itself bound to its citizens. That is all; and fact, the painful necessity was presented, that in equally notorious that the exercise of this juris it may be summed up in general terms, that when order to defend, sustain, and protect our noble diction by Congress tends to the practice of cor the losses occurred in consequence of the act of Government, and to punish its enemies, we must ruption. The personal solicitation of claimants is the Government in taking possession of private march our forces to ihis middle ground, occupy noi unfrequently made to take the place of facts property, the Government is responsible for makit, and possess, use, and destroy, lo some extent, and sound arguments. Members are influenced by ing compensation; but in cases where claims have the property of innocent and loyal men.
personal appeals, ex parte statements, and various been made for the immense losses by reason of the I need not speak of the ruin, desolation, and considerations having but little reference to the enemy passing through a section of country, the suffering that has marked almost every cultivated mcrits of a claim. Thus it is that claims without Government has with uniform action disclaimed and occupied section of these States-ihis was the merit are often allowed, while others of a merito any obligations to its citizens. So, also, has the fortune of war; but to the extent that the property rious character are suffered to slumber, or are re Government distinctly denied any liability on acof loyal men, from whatever part of the country, l jected. I have to complain, then, Mr. Speaker, count of depredations made by lawless individuals has been or may be made subservient to ow suc ihat the rights and convenience of worthy claim upon its citizens, whether such lawless individuals cess by order of the proper military authorities, ants are disregarded too often by our present prac were citizens or enemies. The law I have referred the nation should adopt early measures to adjust lice; and not unfrequently from the considerations to, and the principles evolved from it and cotemand settle upon the principles of equity and justice. I have mentioned ihe utmost incongruity of ac poraneous legislation, were intended to cover all
Memorial after inemorial, petitions large and tion arises, and the allowance of almost any claim the claims against the Government for which it small, and individual applications have been sent that can be made up by human assurance or in was willing to be bound, and for which it would to the Comınittee of Claims asking for relief, and genuity.
hold itself responsible. the question arose whether we should continue A very important feature of this bill is the mode I am as much opposed as any gentleman can be, the slow and unsatisfactory method of passing | adopted for taking the evidence in support of a to paying for iosses or damages to those who have upon cach case, and submitiing it to the consid claim. It will be seen that the claimant is required aided or abetted this monstrous crime against liberation of the House and the Senate upon testi to publish for four successive weeks the nature erty and free government, but kuowing its source, mony furnished by the claimant, or whether we and extent of his claim, the property used, taken, and the stimulating impulse, we should be careshould, while these cases were fresli, institute or destroyed, and the names of the witnesses in ful not to confound those whose independence of such authority for examination as would leave no tended to be offered in the case, thus advertising action has been temporarily borne down by the