given my only son, my last hope, and one that was near and dear to me. This is my humble petition and prayer. J. B. MORRILL.

I ask that it be referred to the Committee on Pensions.

It was so referred.

Mr. KING presented a petition of merchants of New York, for the passage of a law establishing a uniform system of bankruptcy throughout the United States; which was referred to the Committee on the Judiciary.

Mr. SUMNER presented a petition of merchants of New York, for the passage of a law establishing a uniform system of bankruptcy throughout the United States; which was referred to the Committee on the Judiciary.

Mr. CHANDLER presented the memorial of John P. McElderry, claiming compensation for services rendered as clerk in the Bureau of Yards and Docks of the Navy Department, in the months of May and June, 1851; which was referred to the Committee on Claims.

Mr. HARRIS presented a petition of merchants of New York, for the passage of a law establishing a uniform system of bankruptcy throughout the United States; which was referred to the Committee on the Judiciary.

REPORTS FROM COMMITTEES.

Mr. CHANDLER, from the Committee on Commerce, to whom was referred the bill (H. R. No. 474) to direct the Secretary of the Treasury to issue American registers to certain vessels, reported it without amendment.

He also, from the same committee, to whom was referred the bill (H. R. No. 476) abolishing certain collection districts and reducing compensation of officers of customs in California, reported it without amendment.

Mr. HARLAN, from the Committee on Public Lands, to whom was referred the bill (S. No. 315) for the relief of Quindaro Nancy Guthrie and her children of Shawnee blood, reported it with an amendment.

Mr. COLLAMER, from the Committee on the Post Office and Post Roads, to whom was referred the bill (H. R. No. 389) to establish certain post routes, reported it with amendments.

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. 433) to secure the speedy transmission of the mails; in which the concurrence of the Senate was requested.

ENROLLED BILLS SIGNED.

The message further announced that the Speaker of the House of Representatives had signed the following enrolled bills:

A bill (H. R. No. 183) to provide for the settlement of the accounts of John A. Smith, clerk of the circuit court and criminal court of the District of Columbia; and

A bill (H. R. No. 479) to amend an act entitled "An act making appropriations for the service of the Post Office Department during the fiscal year ending the 30th of June, 1863,” approved April 17, 1862.

New Orleans, and the destruction of the rebel naval flotilla; and that two thousand copies thereof, with lithographs of the accompanying diagrams and sketches, be printed for the use of the Senate, and one thousand copies for the use of the Navy Department.

to consider the resolution.

Mr. COLLAMER. Should not the order for extra copies go to the Committee on Printing?

The VICE PRESIDENT. The communication, when received from the Department, if it shall be received, would then go to the Committee on Printing.

Mr. COLLAMER. But it is contained in the resolution.

The resolution was agreed to."

SEIZURE OF FUGITIVE SLAVES.

Mr. SUMNER submitted the following resolution:

Resolved, That the Committee on the District of Columbia be directed to consider what legislation, if any, is needed to protect persons of African descent in Washington from unconstitutional seizure as fugitive slaves, or from seizure by disloyal persons.

Mr. POWELL. Let it lie over.

The VICE PRESIDENT. It will lie over under the rules.

MEXICAN AFFAIRS.

Mr. McDOUGALL submitted the following resolution; which was considered by unanimous consent, and agreed to:

Resolved, That the President be requested to communicate to the Senate, if not inconsistent with the public interest, any further correspondence which may have been received after the President's message to the House of Representatives of April 14, 1862, in regard to the present condition of Mexico, and to the reported dissolution of the alliance of the European Powers now invading that country. BILL INTRODUCED.

Mr. HOWARD asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 320) to further provide against the cutting and removal of timber from the public lands; which was read twice by its title, and referred to the Committee on the Judiciary.

JOHN GOULDING.

Mr. SAULSBURY. I ask the consent of the Senate, to take up a little private bill reported from the Committee on Patents and the Patent Office, for the relief of John Goulding. It will not take more than a moment to pass it.

The VICE PRESIDENT. The question is on the motion of the Senator from Delaware to postpone all prior orders, for the purpose of proceeding to the consideration of the private bill indicated in his motion.

ment.

1

Mr. SAULSBURY. It will only take a moThis old gentleman is a Massachusetts man. He has been all his life trying to do the public good, and has made himself very poor, and the Committee on Patents and the Patent Office requested me to ask for the present consideration of the bill.

Mr. CLARK. I understand the Senator from Delaware to refer to the bill of Goulding? Mr. SAULSBURY. Yes, sir.

Mr. CLARK. I objected to that bill the other day for the purpose of examination. I have it in my hand, and have examined it, and I do not see any objection to its passage. I desire to withdraw any objections I had, and I hope it will pass. It

will take but a moment.

Mr. HOWARD. I hope so, too.

The motion was agreed to; and the bill (H. R. No. 329) for the relief of John Goulding, was considered as in Committee of the Whole, reported to the Senate without amendment, ordered to a third reading, read the third time, and passed.

LAND TO AGRICULTURAL COLLEGES.

Mr. WADE. I move to postpone all prior orders and take up the bill making a grant of land to agricultural colleges. I believe it will pass now without objection, and will not take a

moment.

Mr. WILSON, of Massachusetts. I believe we are entitled to have the morning hour for morning business. I have given way to the Senator three mornings on that very bill.

Mr. LANE, of Kansas. I trust that the motion of the Senator from Ohio will not prevail. He proposes to take up in the morning hour one of the most important bills ever introduced into

white men," you shall have land provided you build an agricultural college in every congressional district in the United States." There never has been a bill introduced into the Congress of the United States more inconsistent and more iniquitous so far as the western States are concerned than the bill now proposed to be taken up in the morning hour. To undertake to consider a bill of that character during the morning hour, I think is highly improper and unjust.

Mr. WADE. I am a little surprised that this objection comes from that gentleman who, I believe, yesterday morning was for forcing up the Pacific railroad bill, and urging it upon us in the morning hour. If his objections to this bill are well founded, I presume I shall get but a very scanty vote in the Senate; but I trust that the Senate generally disagree with him. The whole principle of this bill is perfectly understood.

Mr. LANE, of Kansas. Will the Senator permit me to make a remark?

Mr. WADE. Certainly.

Mr. LANE, of Kansas. I desire to say that I was opposed to the movement for taking up the Pacific railroad bill during the morning hour. The gentleman is wrong in that.

Mr. WADE. Then I am wrong, sir. I thought the Senator was urging it on, but it seems I was mistaken. That matter is of no consequence, however. I suppose this bill is very well understood by the Senate, and that they are ready to pass upon it. To that Senator I know it is objectionable, and he intends to oppose it. I believe, however, there is a large majority of the Senate who are in favor of the bill, who understand its provisions, and are ready now to act upon it; if so, I hope they will act." There is no objection to taking up this bill in the morning hour more than any other time. I do not know of anybody who wishes to discuss its provisions at length. I believe it is well understood. At all events, it is about the only time we can get now to consider it. As I have already stated, this bill passed both branches of Congress on a former occasion by very heavy majorities, was discussed here at length, was vetoed by the President, and barely failed to be passed over his veto. I hope we shall take it up and act upon it now.

66

Mr. LANE, of Kansas. I do not know how the Senator arrives at the conclusion that a majority of the Senate is in favor of passing this bill, unless he expects by his age and influence in this body to carry it through over younger Senators. There has certainly been no vote upon it. There is no bill that can come before this body that I desire to discuss more anxiously than the bill to which the Senator alludes. In it is contained the ruin of the State that I, in part, represent. In it, in my opinion, is contained the defeat of the Pacific railroad bill. In it, in my opinion, is a contradiction of the homestead proposition. My understanding has been that the wealth of the focality is to educate the children of the locality. By the provisions of this bill, as I before stated, you say to the laboring white man who has no land, you can have land, but before you get it you must establish and maintain an agricultural college in every congressional district in the United States, and two besides in each State;" that is, "you must maintain an agricultural college for every Representative in Congress and for every Senator in Congress." Now, the Senator from Ohio may conclude that his bill will pass because he offers to the constituents of every Senator on this floor thirty thousand acres of land; but I say to the Senator from Ohio that I have never yet advanced an objection to a bill for the reason that it was unconstitutional, but when this bill comes up for action I am prepared to meet the gentleman upon this question on the ground that it is a direct violation of the Constitution of the United States, and I hope before the bill is finally acted upon, that it will be referred to the Committee on the Judiciary.

But, Mr. President, this is a species of legislation that in my opinion should not be indulged in at this session of Congress; it has no reference whatever to the war now in progress; and it is

proposed to take up a bill during the morning hour giving to sovereign States the right of entering land within sovereign States. Yes, sir, under the provisions of this bill, South Carolina, when she comes back into the Union, may hold land scrip to enter the lands of Kansas, and all she has to do

Mr. WADE. I believe I will try once more the question of order, whether a motion to take up a bill does really open the whole merits of it to discussion, or whether it is practicable to make a rule upon that subject. Such debate leads to great delay. I suppose reasons may be given why It should not be taken up, and I do not know but that it opens the whole subject to discussion. If it does, I have no objection; but it strikes me that it should not, and we should pass upon taking it up without a full argument on its merits, and so the rule of order has been understood, I believe.

Mr. LANE, of Kansas. I was endeavoring to give a reason why this bill should not be taken up during the morning hour. I desire to say, for the benefit of the Senator from Ohio

The VICE PRESIDENT. If the Senator from Ohio desires the opinion of the Chair on the question, it is the duty of the Chair to give it.

Mr. WADE. I wish the opinion of the Chair upon it that we may understand it; all of us.

The VICE PRESIDENT. The impression of the Chair is, that the merits of a bill are not open to discussion upon the question of proceeding to its consideration; but brief reasons, involving a general statement why the Senate should not proceed to the consideration of a bill, are legitimate. The merits of the bill itself are not debatable, because the bill is not before the Senate.

Mr. LANE, of Kansas. I do not propose to discuss the merits of this bill, but I desire to say, for the benefit of the Senator from Ohio, that under its provisions the Legislature of Virginia receiving, say two hundred thousand acres of land, can transfer their certificates of entry to the manumitted slaves of Virginia, and send into Kansas those manumitted slaves to enter land within our border. So far as the people of Kansas are concerned, we, I think, have as much philanthropy as the people of any other State; but I desire to say to the Senator from Ohio, and to the country, that the people of Kansas are opposed to the settling of free negroes within our borders. Kansas desires, above all other things, that the white and the colored races may be separated, and widely separated. The Senator from Ohio, in the morning hour, proposes to pass a bill which gives to the State of Virginia, to the State of Maryland, to the State of South Carolina, and to every slave State in the United States land scrip which may be entered by manumitted slaves in the State that I have the honor in part to represent. All the State has to do is to assign the land scrip, and here come their manumitted slaves; or supposing they hold the scrip and sell it to speculators, the land of Kansas is then held by non-residents, and as I stated yesterday, there is no greater misfortune that can be inflicted upon a State than to have lands held in large quantities by non-residents. The Senators from Iowa are aware of the truth of what I state. I have traveled an entire day in the State of Iowa over lands held by non-residents; and where there was no school-house, and the roads could not be worked. Your bill proposes to give ten millions of acres of land to non-residents, that may be held by non-residents.

Mr. GRIMÉS. What part of the State of Iowa was that in?

Mr. LANE, of Kansas. It was in the western part of the State. I marched one entire day

Mr. GRIMES. It was a very slow march. Mr. LANE, of Kansas. It was the march of an army. It was the march of an army for freedom. It was some fifteen or twenty miles, and there was not a house. I inquired the reason, and was told, I think, that the Governor himself, Governor GRIMES, owned a portion of the land. [Laughter.]

Mr. CLARK. He is a resident.

Mr, LANE, of Kansas. Not a resident of that portion of the State. My recollection is, that I was told that a large body of the land upon the river was held by Governor GRIMES himself, nonresident so far as that portion of Iowa was concerned. There is no greater nuisance, there is no greater injury, that can be inflicted on a State than to have the lands held by non-residents. Under

the provisions of your bill, ten millions of acres of land may be thus held.

Mr. WILKINSON. I must appeal to the Senator from Kansas not to consume all the morning hour in the discussion of this question, before it is taken up. There are gentlemen all around me who wish to offer some resolutions.

Mr. LANE, of Kansas. I am perfectly willing to yield to anything else than this bill." I am fighting for my State that which is of the deepest interest to my State, as well as to the State of the Senator from Minnesota. Anything else I am willing to yield to, and shall gladly yield to.

Mr. WILKINSON. I will state to the Senator from Kansas that there are other gentlemen on this floor who, perhaps, feel as much interest in this bill as he does.

Mr. LANE, of Kansas. Certainly.

Mr. WILKINSON. But they feel an interest in something else besides. I shall oppose this bill; for I think it is wrong, and I think when the time comes we shall convince many who have been in favor of it that it is wrong; but I doubt whether it is the time now to discuss the merits of this bill.

Mr. LANE, of Kansas. The Senator from Ohio has just stated, in the hearing of the Senator from Minnesota, that a large majority of the Senate are in favor of this bill.

Mr. WADE. I stated no such thing. I stated that a former Congress passed the bill; that the President vetoed it; and that my opinion was that there was a majority in favor of it now. I do not profess to know the opinions of one member that has not expressed himself openly here.

Mr. LANE, of Kansas. I have been in the habit of taking for granted everything the Senator from Ohio says. [Laughter.]

Mr. WADE. What is that?

Mr. LANE, of Kansas. I have been in the habit of taking for granted that you know whereof you speak; and when you expressed the opinion that a large majority of the Senate were in favor of a bill, I took it as the word of

Mr. WADE. Take it just as I put it, and I shall not dispute with you.

Mr. LANE, of Kansas. I do not propose to dispute with you; but I do propose, if possible, to prevent the consideration of this bill during the morning hour, because I say that the best interests of the State that I respresent are involved in it; and I have a right here as a Senator of that State to use all honorable means to defeat the bill. Yes, sir, the very best interests of the State of Kansas are involved in your bill, and I stand here to resist it at every step, to use every means that God has given me to defeat it. Consider a bill of this character at a time like this, when the country is involved in war; to destroy a State that is doing more to-day in proportion to her inhabitants than any other State in this Union! To destroy her by a bill; not giving time for Senators to consider. It is, in my opinion, unjust.

Mr. WILKINSON. I wish to appeal to the Senator from Ohio to withdraw his motion, in order to allow me to offer a resolution.

Mr. WADE. I cannot consent to withdraw the motion on threats here that the bill shall not be passed upon. Is any one Senator to get up here and threaten that he will defeat this bill by talking it down, and every other way? It is not a way to induce me to withdraw the motion. The Senate can pass upon it, and they may pass upon it just as they please. I feel no more interest in this bill than most of the Senators, I believe, but I do not feel like withdrawing the motion. If the Senate see fit to give it the go-by, they may do so. Mr. WILKINSON. Mr. President

Mr. LANE, of Kansas. I desire to make this statement of a personal character: I would like to know with what sort

The PRESIDENT pro tempore. The Senator from Minnesota was recognized by the Chair. Mr. LANE, of Kansas. I desire the permission of the Senator from Minnesota to make a single remark.

Mr. WILKINSON. Not to consume all the morning hour.

Mr. LANE, of Kansas. It does look to me very discourteous for the Senator from Ohio to make such a charge as that against me. I ask that Senator how much time I have occupied upon the floor of this Senate. Not one minute to his hour. No, sir, I have not troubled the Senate and

do not expect to trouble it, unless it is to protect and defend the constituents who sent me here. I appeal to my fellow Senators if the time I have occupied this floor compares as one minute to an hour with the Senator from Ohio. I do not propose to speak against time. I propose to ask Senators, when a bill affects my constituents fatally, to take time to consider it-not to permit South Carolina and Georgia to hold land scrip and to locate it in Kansas, without considering the bill; not to permit slave States to send their manumitted slaves to Kansas without our consent.

Mr. WILKINSON. Mr. PresidentThe VICE PRESIDENT. Does the Senator from Kansas yield to the Senator from Minnesota? Mr. LANE, of Kansas. I give up the floor. Mr. WILKINSON. I did not yield to the Senator to reiterate the speech he made before. I am opposed to this bill, and I hope when the proper time comes to be able to convince the Senate, or a majority of them, that it ought not to pass; but I am not disposed to interpose any unfair obstacles to its consideration. I hope this motion will be voted down now, because there are but fifteen minutes of the morning hour to spare, and I can see no advantage in taking it up now, there has been so much of the time already exhausted, and I wish to offer a resolution, and other Senators also wish to offer resolutions.

Mr. HARLAN. I do not propose to discuss the merits of this bill, but to say a very few words in reply to the remarks of the Senator from Kansas. Perhaps it is just that I should do so, as this bill was reported back favorably from the Committee on Public Lands, of which I am chairman. I think it will require but a few moments to show that the bill is not an unfair bill, and that it will not greatly damage the new States, and that, moreover, it will work no peculiar disadvantage or wrong to the State of Kansas. I think it can be shown from the statutes as they now stand that Kansas has not been illiberally dealt with, but has been very liberally provided for in the way of public lands. I propose to show this at the proper time; but I think myself that the ruling of the Chair ought to be adhered to, and a vote taken whether the Senate will now consider the bill. If the Senate agree to consider the bill at this time, I shall then ask to be heard five or ten minutes on the merits of the bill.

Mr. WADE. I only wish to say one word in reply to what the Senator from Kansas said. He stated that I had misconstrued his language. I understood him to look at the clock, and to turn to me very significantly and say that he would use every advantage that the Almighty had put into his hands for the purpose of defeating this bill, and I did see that the course he was pursuing would have that effect if he persisted in it. I thought that was what he meant.

Mr. LANE, of Kansas. I said I would use every honorable means to defeat the bill.

Mr. WADE. I did not suppose the Senator would resort to anything dishonorable, nor do I blame him for making every defense he can honorably make against a bill which he thinks will prejudice his constituents. I do not happen to think it will. I think he is mistaken in supposing. this bill is new in principle. A great many of the States, and I believe most of the free States, have passed resolutions in their Legislatures instructing their Senators to go for this bill. I know a great many of them have. The State I represent has instructed my colleague and myself on the subject, and I know other Senators who are in the same position. The bill is one in which the public have taken a very great interest, and when it comes up on its merits I think it will be shown that it does no injury to the people of Kansas. I believe the colleague of the Senator from Kansas does not agree in opinion as to the prejudicial effect of this bill upon their constituents. I hope the bill will pass, and I was in hopes we might get a vote upon it in the morning hour. It is a bill of great importance, I admit; and if it had never been discussed here, if most of the free States had not taken an interest in it, and instructed their Senators and Representatives upon the subject, if it was altogether new in principle, I should hardly expect to get it through in the morning hour; but I did believe it had been so long before the public, the States mostly having acted upon it, and it being thoroughly understood by every Senator, that it might as well be disposed of in the morning hour

as at any other time. That was my hope; but I take no more interest in this bill than other Senators do. I happened to have the charge of it. I believe it is a good bill, and that it ought to pass. Mr. POMEROY. I was submitting some remarks to the Senate at the close of the morning hour yesterday, and I desire to make some further remarks on this bill; but I think there is not time this morning, and on that account I prefer not to have the bill taken up to-day. I desire to address the Senate whenever it shall be taken up. The VICE PRESIDENT. The question is on the motion of the Senator from Ohio to proceed to the consideration of the bill indicated by him.

On a division, there were-ayes 17, noes 14; no quorum voting.

Mr. WADE called for the yeas and nays, and they were ordered; and being taken, resultedyeas 23, nays 19; as follows:"

YEAS-Messrs. Anthony, Carlile, Chandler, Clark, Collamer, Cowan, Davis, Dixon, Fessenden, Foot, Foster, Grimes, Harlan, Harris, Howard, King, Morrill, Simmons, Sumner, Ten Eyck, Wade, Willey, and Wilmot-23.

NAYS-Messrs. Browning, Doolittle, Henderson, Howe, Kennedy, Lane of Indiana, Lane of Kansas, Latham, MeDougall, Nesmith, Pearce, Pomeroy, Powell, Saulsbury, Sherman, Trumbull, Wilkinson, Wilson of Massachusetts, and Wright-19.

The motion was agreed to; and the Senate resumed the consideration of the bill (S. No. 298) donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts.

The VICE PRESIDENT. There is an amendment pending which was offered by the Senator from Kansas, [Mr. LANE.]

Mr. LANE, of Kansas. I desire to modify my amendment.

Mr. WADE. There is no time now to discuss the bill, and I move that it be postponed to, and made the special order for, to-morrow, at half past twelve o'clock.

Mr. LANE, of Kansas. I desire at the proper time to move that this bill be referred to the Committee on the Judiciary. A bill involving the same principle has been vetoed by the President of the United States, and believing that I can demonstrate its unconstitutionality, I hope that the Senate will agree to the motion to refer it to the Committee on the Judiciary.

The VICE PRESIDENT. The motion to postpone to a time certain takes precedence of the motion to commit. The question is on the motion of the Senator from Ohio.

Mr. HOWE. I am sorry that motion is interposed. This bill, it seems, inevitably is going to elicit a good deal of discussion and very protracted debate; and I am very sorry that its consideration should be thrust upon the morning hour. Important as the measure is, it does not seem to me of that pressing importance which entitles it to come in here and absorb that single hour which is devoted to the introduction of petitions, resolutions, bills, and the like. It seems to me that hour ought to be preserved from the intervention of measures of this difficult, debatable character. I shall have no sort of objection to postponing the bill to some day after the morning hour has expired. I think we should get through with it more rapidly by pursuing that course; and I really hope that course will be taken.

Mr. WADE. I know of no time to which I can postpone this bill when we can secure its consideration, so that it may be passed through both bodies during this session. There are great measures pending that have occupied, and will occupy, the Senate for some considerable time to come. should not know for what future day to make this bill a special order. As for the suggestion that there will be debate. I believe there will be time enough to debate the bill in the morning hour. I do not believe so much in debate as some gentlemen; but I like that a man shall have an opportunity to debate as long as he thinks it is necessary. I cannot withdraw the motion. I hope it will prevail, but I have no time for argument.

Mr.LANE, of Kansas. I ask for the yeas and

West H. Humphreys, judge of the district court of the United States for the State of Tennessee. The following oath was administered to the Vice President by the Secretary of the Senate: I, Hannibal Hamlin, do solemnly swear that in all things appertaining to the trial of the impeachment of West H. Humphreys, judge of the district court of the United States for the district of Tennessee, I will do impartial justice according to law. So help me God.

The VICE PRESIDENT. The Secretary will now call the roll of Senators alphabetically, calling them in numbers of four, and Senators will please to advance as they are called.

The Secretary called the names of Senators, and they advanced by fours to the desk, when the Vice President administered the oath to them.

Messrs. Anthony, Browning, Carlile, Chandler, Clark, Collamer, Cowan, Davis, Dixon, Doolittle, Fessenden, Foot, Henderson, Kennedy, King, Lane of Indiana, Lane of Kansas, Latham, McDougall, Morrill, Pearce, Saulsbury, Ten Eyck, Wilkinson, Willey, Wilson of Missouri, and Wright were sworn in the usual way by kissing the Bible.

Messrs. Foster, Grimes, Harlan, Harris, Howard, Howe, Nesmith, Pomeroy, Powell, Sherman, Simmons, Sumner, Trumbull, Wade, Wilmot, and Wilson of Massachusetts were sworn by the uplifted hand.

Messrs. Bayard, Hale, Johnson, Rice, Stark, and Thomson, being absent, were not sworn.

The VICE PRESIDENT. The Secretary of the Senate will now notify the House of Representatives that the Senate has resolved itself into a court of impeachment, and is ready to receive the committee of managers authorized by that body.

In a few minutes four of the managers appointed by the House of Representatives, namely: Mr. BINGHAM, Mr. PENDLETON, Mr. TRAIN, and Mr. DUNLAP (Mr. HICKMAN not being present) appeared below the bar.

Mr. BINGHAM advanced and said: Mr. President, myself and associates are managers appointed by the House of Representatives, and instructed in their name to appear at the bar of the Senate, and present articles of impeachment against West H. Humphreys, judge of the district court of the United States for the several districts of Tennessee, for high crimes and misde

meanors.

The VICE PRESIDENT.

The managers on the part of the House of Representatives will please be seated, at seats prepared for them within the bar of the Senate.

The managers were conducted to the seats prepared for them in the area between the Secretary's desk and the seats of the Senators.

The VICE PRESIDENT. The Sergeant-atArms of the Senate will now make the usual proclamation.

The Sergeant-at-Arms,GEORGE T. BROWN, Esq. Oyez! oyez! oyez! All persons are commanded to keep silence on pain of imprisonment, while the grand inquest of the nation is exhibiting to the Senate of the United States articles of impeachment against West H. Humphreys, judge of the district court of the United States for the districts of Ten

nessee.

Mr. BINGHAM (all the managers standing) read the articles of impeachment, as follows: Articles exhibited by the House of Representatives of the United States in the name of themselves and of all the people of the United States against West H. Humphreys, judge of the district court of the United States for the sev"eral districts of the State of Tennessee, in maintenance and support of their impeachment against him for high crimes and misdemeanors.

ARTICLE 1. That, regardless of his duties as a citizen of the United States, and unmindful of the duties of his said office, and in violation of the sacred obligation of his official oath to administer justice without respect to persons," "and faithfully and impartially discharge all the duties incumbent upon him as judge of the district court of the United States for the several districts of the State of Tennessee agreeable to the Constitution and laws of the United States," the said West H. Humphreys, on the 29th day of December, A. D. 1860, in the city of Nashville, in said State, the said West H. Humphreys then being a citizen of the United States, and owing allegiance thereto, and then and there being judge of the district court of the United States for the several districts of said State, at a public meeting, on the day and year last aforesaid, held in said city of Nashville, and in the hearing of divers persons then there present, did endeavor by public speech to incite revolt and rebellion within said State against the Constitution and Government of the United States, and did then and there publicly declare that it was the right of the people of said State, by an ordinance of secession, to absolve themselves

from all allegiance to the Government of the United States, the Constitution and laws thereof.

ART. 2. That, in further disregard of his duties as a citizen of the United States, and unmindful of the solemn obligations of his office as judge of the district court of the United States for the several districts of the State of Tennessee, and that he held his said office, by the Constitution of the United States, during good behavior only, with intent to abuse the high trust reposed in him as such judge, and to subvert the lawful authority and Government of the United States within said State, the said West H. Humphreys, then being judge of the district court of the United States, as aforesaid, to wit: in the year of our Lord 1861, in said State of Tennessee, did, together with other evil-minded persons within said State, openly and unlawfully support, advocate, and agree to an act commonly called an ordinance of secession, declaring the State of Tennessee independent of the Government of the United States, and no longer within the jurisdiction thereof.

ART. 3. That in the years of our Lord 1861 and 1862, within the United States, and in said State of Tennessee, the said West H. Humphreys, then owing allegiance to the United States of America, and then being district judge of the United States, as aforesaid, did then and there to wit: within said State, unlawfully, and in conjunction with other persous, organize armed rebellion against the United States, and levy war against them.

ART. 4. That on the 1st day of August, A. D. 1861, and on divers other days since that time, within said State of Tennessee, the said West H. Humphreys, then being judge of the district court of the United States, as aforesaid, and J. C. Ramsay, and Jefferson Davis, and others, did unlawfully conspire together "to oppose by force the authority of the Government of the United States," contrary to his duty as such judge and to the laws of the United States.

ART. 5. That said West H. Humphreys, with intent to prevent the due administration of the laws of the United States within said State of Tennessee, and to aid and abet the overthrow of "the authority of the Government of the United States" within said State, has, in gross disregard of his duty as judge of the district court of the United States, as aforesaid, and in violation of the laws of the United States, neglected and refused to hold the district court of the United States, as by law he was required to do, within the several districts of the State of Tennessee, ever since the 1st day of July, A. D. 1861.

ART. 6. That the said West H. Humphreys, in the year of our Lord 1861, within the State of Tennessee, and with intent to subvert the authority of the Government of the United States, to hinder and delay the due execution of the laws of the United States, and to oppress and injure citizens of the United States, did unlawfully act as judge of an illegally constituted tribunal within said State, called the district court of the confederate States of America, and as judge of said tribunal last named said West H. Humphreys, with the intent aforesaid, then and there assumed and exercised powers unlawful and unjust, to wit: in causing one Perez Dickinson, a citizen of said State, to be unlawfully arrested and brought before him, as judge of said alleged court of said confederate States of America, and required him to swear allegiance to the pretended government of said confederate States of America; and upon the refusal of said Dickinson so to do, the said Humphreys, as judge of said illegal tribunal, did unlawfully, and with the intent to oppress said Dickinson, require and receive of him a bond, conditioned that while he should remain within said State he would keep the peace, and as such judge of said illegal tribunal, and without authority of law, said Humphreys there and then decreed that said Dickinson should leave said State.

2. In decreeing within said State, and as judge of said illegal tribunal, the confiscation to the use of said confedcrate States of America of property of citizens of the United States, and especially of property of one Andrew Johnson and one John Catron.

3. In causing, as judge of said illegal tribunal, to be unlawfully arrested and imprisoned within said State citizens of the United States because of their fidelity to their obligations as citizens of the United States, and because of their rejection of, and their resistance to, the unjust and assumed authority of said confederate States of America.

ART. 7. That said West H. Humphreys, judge of the district court of the United States as aforesaid, assuming to act as judge of said tribunal known as the district court of the confederate States of America, did, in the year of our Lord 1861, without lawful authority, and with intent to injure one William G. Brownlow, a citizen of the United States, cause said Brownlow to be unlawfully arrested and imprisoned within said State in violation of the rights of said Brownlow as a citizen of the United States, and of the duties of said Humphreys as a district judge of the United States.

And the House of Representatives, by protestation, saving to themselves the liberty of exhibiting at any time hereafter any further articles, or other accusation or impeachment against the said West H. Humphreys, and also of replying to his answers which he shall make unto the articles herein preferred against him, and of offering proof to the same and every part thereof, and to all and every other article, accusation, or impeachment which shall be exhibited by them as the case shall require, do demand that the said West H. Humphreys may be put to answer the high crimes and misdemeanors herein charged against him, and that such proceedings, examinations, trials, and judgments may be thereupon had and given as may be agreeable to law and justice.

Attest:

GALUSHA A. GROW, Speaker House of Representatives. EMERSON ETHERIDGE, Clerk House of Representatives.

Mr. BINGHAM delivered the articles to the Secretary, who handed them to the Vice President.

The VICE PRESIDENT. The Chair informs the managers on the part of the House of Representatives that the Senate will take proper order upon the impeachment preferred, of which notice

will be furnished to the House of Representa

tives.

The managers thereupon retired.

Mr. FOSTER. Mr. President, I offer the following resolution:

Resolved, That the Secretary be directed to issue a summons, in the usual form, to West H. Humphreys, judge of the district court of the United States for the districts of Tennessee, to answer a certain article of impeachment exhibited against him by the House of Representatives on this day, and that the said summons be returnable here on Monday, the 9th day of June next, and be served by the Sergeant-at-Arms, or some person deputed by him, at least ten days before the return day thereof.

Ordered, That the Secretary lay this resolution before the House of Representatives.

The resolution was adopted.

Mr. FOSTER. I now move that the court of impeachment be adjourned until Monday, the 9th day of June next, at one o'clock in the after

noon.

The motion was agreed to.

TAX BILL.

The unfinished

The VICE PRESIDENT. business of yesterday being the bill (H. R. No. 312) to provide internal revenue to support the Government and pay interest on the public debt,

is now before the Senate as in Committee of the Whole; the pending question being on the amendment reported from the Committee on Finance, to strike out the last proviso to the twentieth section in the following words:

Provided, That there shall be exempt from distraint the tools or implements of a trade or profession, one cow, arms, and provisions, and household furniture kept for use, and apparel necessary for a family.

Mr. GRIMES. I see the vote is going to be against striking out that proviso, and therefore I have nothing to say upon it.

The amendment was not agreed to.

The VICE PRESIDENT. The next section of the bill will be read.

The Secretary read section twenty-one, as follows:

SEC. 21. And be it further enacted, That the duties and taxes to be assessed in pursuance of this act shall be a lien upon the property subject to the duty or tax from the time of assessment till fully paid, and in all cases where the property liable to distraint for duties or taxes under this act may not be divisible, so as to enable the collector by a sale of part thereof to raise the whole amount of the tax, with all costs, charges, and commissions, the whole of such property shall be sold, and the surplus of the proceeds of the sale, after satisfying the duty or tax, costs and charges, shall be paid to the owner of the property, or his, her, or their legal representatives, or if he, she, or they cannot be found, or refuse to receive the same, then such surplus shall be deposited in the Treasury of the United States, to be there held for the use of the owner or his, her, or their legal representatives, until be, she, or they shall make application therefor to the Secretary of the Treasury, who, upon such application, shall, by warrant on the Treasury, cause the same to be paid to the applicant. And if the property advertised for sale as aforesaid cannot be sold for the amount of the duty or tax due thereon, with the costs and charges, the collector shall purchase the same in behalf of the United States for an amount not exceeding the said tax or duty, with the costs and charges thereon. And the collector shall render a distinct account of the charges incurred in offering and advertising for sale such property, and shall pay into the Treasury the surplus, if any there be after defraying the charges.

The Committee on Finance proposed to amend the section by inserting in line twenty-three, after the words "costs and charges thereon, the words" and all property so purchased may be sold by said collector under such regulations as may be prescribed by the Commissioner of Internal Revenue."

Mr. SHERMAN. Before the question is taken on that amendment, I desire to move to reconsider the vote on the amendment proposed by the Committee on Finance in the sixteenth line of the eleventh section. I was not watching the progress of the bill at the time the vote was taken, and the amendment reported by the Committee on Finance rejected. I move to reconsider that vote. I desire to have the question put again upon that amendment.

The VICE PRESIDENT. The Senator from Ohio moves to reconsider the vote by which the Senate rejected the amendment reported by the Committee on Finance to strike out, in lines fourteen and fifteen, of the eleventh section, the words: "and, in case of such refusal, the assessor shall thereupon double the amount of the items thereof," and to insert in lieu thereof: "and in case of refusal or neglect to make such lists, except in cases of sickness, the assessor shall thereupon

The motion to reconsider was agreed to. The VICE PRESIDENT. The question now recurs on agreeing to the amendment.

Mr. SHERMAN. I will explain in a moment the reason of the amendment. As the bill came from the House of Representatives there was no provision made for the neglect of a party to make the list, and there was no exception in cases of sickness. After full consideration, the Committee on Finance thought it was better to strike out the penalty prescribed by the House of doubling the tax, and to require that" in case of refusal to make such lists, except in cases of sickness, the assessors shall thereupon add fifty per cent. to the amount of the items thereof." I think that a much better provision. It will provide a penalty sufficient to induce the making out of the list, and at the same time it will not operate in cases of sickness or disability. I hope, therefore, the amendment will be concurred in.

Mr. HOWE. The case of sickness, I understand, was provided for in the bill as it came from the House. It was provided for in the clause at posed to strike out. the end of the section, which the committee pro

Mr. SHERMAN. If the Senator will allow me, he will find that in cases of sickness the same penalty will be attached as in other cases. The provision at the end of the section would only relieve a person in case of sickness from the penalty of $100. It would not relieve him the penalty of doubling the tax. It would relieve him from a criminal prosecution for the forfeiture of $100, and nothing else.

Mr. HOWE. The effect of the amendment proposed by the committee, as I stated yesterday, and as I think it is important the Senate should understand, is just this: the bill as it came from the House proposed, as a penalty for a refusal to make a return of property subject to taxation, that the assessor should make a list of it, and double the assessed value of it, and impose a fine of $100. The effect of the amendment, then, is to reduce the penalty to fifty per cent., and to strike out the fine of $100. The question for the Senate to determine is whether either penalty, fifty per cent, or a hundred per cent., will furnish adequate security. The only object in the world of these provisions is simply to insure the making of a return by the individual to be taxed. Ifhe does that, there is no penalty whatever. But if he says he will not do it, it imposes upon the assessor the labor of ascertaining the items which go to make up his taxable property, and gives him the privilege of adding fifty per cent. If any assessor can tell the items which make up any great property subject to taxation, the product of a manufacturer, the product of a distiller, or of a brewer, and give the items within fifty per cent., then fifty per cent. is an adequate penalty. But I submit there is not an income in the United States, nor is there a large producer in the United States, of whom any neighbor of his, the best acquainted with his business, can come within a thousand per cent. of the items which make up his production or his income. I have no faith in either of these penalties. I do not think either will insure the making of a return. I think there ought to be a very different remedy provided than either of these for the case of a refusal.

Mr. SHERMAN. I will add but a word more to explain this matter to the Senate, that they may understand it. The House bill provided no penalty whatever in the way of additional taxation in case of a mere neglect to make out the list. Under the House bill, the person assessed might simply neglect to perform his duty under the law, and there was no penalty in the shape of additional taxes. If he positively refused, then the tax was doubled; but there was no penalty against neglect. As a matter of course, a person served with the notice would simply neglect to make it out; he would be conveniently absent; or he would give some excuse not amounting to a refusal. The assessor was then bound to make it out and no additional tax was imposed. This provision, reported by the committee, is copied from the laws of several of the States. It provides that the person shall make out the list, and if he neglect or refuse to do it, the assessor then makes it out for him and fifty per cent. is added to the amount of each item which he refused to give. That penalty is sufficient to induce a person to make out his income; because

this only applies to income. It does not apply to personal property or real property, but simply to income. If the person assessed should fail to make out his list according to law, then the assessor ascertains it as near as he can, and adds a penalty of fifty per cent. upon the items. After full consideration by the committee, we thought this provision would be much better. My motion does not extend to a reconsideration of the vote on the last clause, imposing a penalty of $100. I should be in favor of striking that out, because I would not multiply suits under this bill; but my motion does not extend to that. That will stand as part of the bill, so far as my motion goes.

Mr. HOWE. The Senator from Ohio does not meet the point of the objection which I urged to this amendment. It is, perhaps a matter of judg ment whether an assessor can enumerate the items of any man's income, not his own, within fifty per cent. If it is the opinion of the Senator from Ohio that he can do it, then that will afford additional security in his opinion; and if such be the opinion of the Senate, then I think the amendment ought to be adopted. But I conceive that fifty per cent., or one hundred per cent. either, is wholly inadequate. The kindred provision in the taxing laws of the States I understand to be to authorize the assessor to fix a gross sum which the person refusing to give a list shall pay. It may be fifty per cent. on the amount of the items which he knows as entering into his estate, or it may be five thousand per cent. on them. He has the right to doom him to any amount of taxation that he sees fit to impose until he will consent to give a list.

Mr. FESSENDEN. I think this amendment was agreed upon by the committee after considerable discussion of the matter, and I hope it will be allowed to stand as the committee fixed it in the first place.

The amendment was agreed to.

Mr. FESSENDEN. The committee also recommended to strike out the final clause of the eleventh section, but the Senate has decided otherwise, and I think, on the whole, wisely; but as it remains, it will be necessary, in order to make it consistent with the other parts of the bill, to strike out in the twenty-sixth and twenty-seventh lines the words "in any court of competent jurisdiction;" and I move that amendment.

The amendment was agreed to.

The VICE PRESIDENT. The question now recurs on the amendment of the Committee on Finance to the twenty-first section of the bill, to insert in line twenty-three, after the word "thereon," the following words:

And all property so purchased may be sold by said collector under such regulations as may be prescribed by the Commissioner of Internal Revenue.

The amendment was agreed to.

The VICE PRESIDENT. The Committee on Finance further move to amend the same section by striking out, in line twenty-six, the word "the," and inserting the word "all;" and in line twentyseven, by striking out the words "offering and and after the word "sale" inserting the word "of;" advertising for," and inserting the word "the;" so that the clause will read:

And the collector shall render a distinct account of all charges incurred in the sale of such property, and shall pay into the Treasury the surplus, if any there be, after defraying the charges.

The amendment was agreed to. The VICE PRESIDENT. will be read.

The next section

Mr. FESSENDEN. I suggest that the Secretary read sections twenty-two and twenty-three together, as the proposition of the committee is to strike out both those sections and insert a new one instead of them.

The Secretary read the sections proposed to be stricken out, as follows:

SEC. 22. And be it further enacted, That with respect to property lying within any collection district, not owned or occupied, or superintended by some person residing in such collection district, and not being in or having some place of business within the United States, and on which the duty or tax shall not have been paid to the collector or deputy collector within ninety days after the day on which he shall have received the collection lists from the said assessors, respectively, as aforesaid, or within ninety days from the time any other or additional lists shall have been received, as aforesaid, the collector shall transmit lists of the same to one of the collectors within the same State, to be designated for that purpose by the Commissioner of Internal Rev. enue; and the collector who shall have been thus designated by the Commissioner of Internal Revenue shall transmit receipts for all the lists received, as aforesaid, to the col

lector transmitting the same; and the collectors thus designated in each State by the Commissioner of Internal Revenue, shall cause notifications of the duties or taxes due as aforesaid, and contained in the lists thus transmitted to them, to be published for twenty days in at least one of the newspapers published in or nearest to the county where the property is situated; and the owners of the property on which such duties or taxes may be due shall be permitted to pay to such collector the said duty or tax, with an additional five per cent. thereon: Provided, That such payment is made within six months after the day on which the collector of the district where such property lies had notified that the tax had become due on the same.

SEC. 23. And be it further enacted, That when any tax, as aforesaid, shall have remained unpaid for the term of six months, as aforesaid, the collector of the State where the property lies, and who shall have been designated by the Commissioner of Internal Revenue, as aforesaid, having first advertised the same for twenty days in at least one newspaper in the State, shall proceed to sell, at public sale, so much of the said property as may be necessary to satisfy the duties or taxes due thereon, together with an addition of five per cent. thereon; or if such property is not divisible, as aforesaid, the whole thereof shall be sold and accounted for in the manner hereinbefore provided. If the property advertised for sale cannot be sold for the amount of the duty or tax due thereon, together with the said addition, the collector shall purchase the same in behalf of the United States for such amount and addition. And the collector shall_render a distinct account of the charges incurred in offering and advertising for sale such property, and pay into the Treasury the surplus, if any, of the aforesaid addition of five per cent., after defraying the said charges.

The VICE PRESIDENT. The Committee on Finance propose to strike out these two sections after the word "that," in the first line of the twenty-second section, and to insert in lieu thereof:

If any collector shall find upon any lists of taxes returned to him for collection property lying within his distriet which is charged with any specific or ad valorem tax or duty, but which is not owned, occupied, or superintended by some person known to such collector to reside or to have some place of business within the United States, such collector shall forthwith take such property into his custody, and shall advertise the same, and the tax charged upon the same, in some newspaper published in his district, if any shall be published therein, otherwise in some newspaper in an adjoining district, for the space of thirty days; and if the taxes thereon, with all charges for advertising, shall not be paid within sald thirty days, such collector shall proceed to sell the same, or so much as is necessary, in the manner provided for the sale of other goods distrained for non-payment of taxes, and out of the proceeds shall satisfy all taxes charged upon such property, with the costs of advertising and selling the same. And like proceedings to those provided in the preceding section for the purchase and resale of property which cannot be sold for the amount of duty or tax due thereon shall be had with regard to property sold under the provisions of this section. And any surplus arising from any sale herein provided for shall be paid into the Treasury, for the benefit of the owner of the property. And the Secretary of the Treasury is authorized in any case where money shall be paid into the Treasury for the benefit of any owner of property sold as aforesaid, to repay the same, on proper proof being furnished that the person applying therefor is entitled to receive the same. The amendment was agreed to.

The Secretary read section twenty-four, as follows:

SEC. 24. And be it further enacted, That the several collectors shall, at the expiration of each and every month, after they shall, respectively, commence their collections, transmit to the Commissioner of Internal Revenue a statement of the collections made by them, respectively, within the month, and pay over monthly, or at such time or times as may be required by the Commissioner of Internal Revenue, the moneys by them respectively collected within the said term, and at such places as may be designated and required by the Commissioner of Internal Revenue; and each of the said collectors shall complete the collection of all sums annually assigned to him for collection, as aforesaid, shall pay over the same into the Treasury, and shall render bis final account to the Treasury Department as often as he may be required, and within six months from and after the day when he shall have received the collection lists from the said assessors or assistant assessors, as aforesaid: Provided, however, That the period of one year from the said annual day shall be allowed to the collector designated in each State, as aforesaid, by the Commissioner of Internal Revenue, with respect to the taxes contained in the list transmitted to him by the other collectors, as aforesaid.

Mr. FESSENDEN. That proviso is rendered inapplicable and unnecessary by the adoption of the amendment in the two preceding sections. I therefore move to strike it out.

The motion was agreed to.

The Secretary read section twenty-five, as follows:

SEC. 25. And be it further enacted, That each collector shall be charged with the whole amount of taxes by him receipted, whether contained in the lists delivered to him by the principal assessors, respectively, or delivered or transmitted to him by assistant assessors from time to time, or by other collectors; and shall be allowed credit for the amount of duties or taxes contained in the lists transmitted in the manner above provided to other collectors, and by them receipted as aforesaid; and also for the duties or taxes of such persons as may have absconded, or become insolvent, subsequent to the date of the assessment, and prior to the day when the duty or tax ought, according to the provisions of this act, to have been collected: Provided, That it shall be proved to the satisfaction of the First Comptroller

of the Treasury that due diligence was used by the collector, and that no property was left from which the duty or tax could have been recovered. And each collector, designated in each State, as aforesaid, by the Commissioner of Internal Revenue, shall receive credit for the duties or taxes due for all property, articles, or objects which, after being of fered by him for sale in manner aforesaid, shall or may have been purchased by him in behalf of the United States.

The VICE PRESIDENT. The Committee on Finance propose to amend this section by striking out all after the word "collector," in the seventeenth line, in the following words:

Designated in each State, as aforesaid, by the Commissioner of Internal Revenue, shall receive credit for the duties or taxes due for all property, articles, or objects which, after being offered by him for sale in manner aforesaid, shall or may have been purchased by him in behalf of the United States.

And to insert in lieu thereof:

Shall also be credited with the amount of all property purchased by him for the use of the United States: Provided, He shall faithfully account for and pay over the proceeds thereof upon a resale of the same, as required by this act. The amendment was agreed to.

The Secretary read section twenty-six, as follows:

SEC. 25. And be it further enacted, That if any collector shall fail either to collect or to render his account, or to pay over in the manner or within the times hereinbefore provided, it shall be the duty of the First Comptroller of the Treasury, and he is hereby authorized and required, immediately after such delinquency, to report the same to the Solicitor of the Treasury, who shall issue a warrant of distress against such delinquent collector and his sureties, directed to the marshal of the district, therein expressing the amount of the taxes with which the said collector is chargeable, and the sums, if any, which have been paid. And the said marshal shall himself, or by his deputy, immediately proceed to levy and collect the sum which may remain due, by distress and sale of the goods and chattels or any personal effects of the delinquent collector; and furthermore, if such goods, chattels, and effects cannot be found sufficient to satisfy the said warrant, the said_marshal or his deputy shall and may proceed to levy and collect the sum which remains due, by distress and sale of the goods and chattels or any personal effects of the surety or sureties of the delinquent collector. And the amount of the sums due from any collector as aforesaid, shall, and the same are hereby declared to be, a lien upon the lands and real estate of such collector and his sureties, until the same shall be discharged according to law. And for want of goods and chattels or other personal effects of such collector or his sureties, sufficient to satisfy any warrant of distress, issued pursuant to the preceding section of this act, the lands and real estate of such collector and his sureties, or so much thereof as may be necessary for satisfying the said warrant, after being advertised for at least three weeks in not less than three public places in the collection district, and in one newspaper printed in the county or district, if any there be, prior to the proposed time of sale, may and shall be sold at public auction by the marshal or his deputy, who, upon such sale shall, as such marshal or deputy marshal, make and deliver to the purchaser of the premises so sold a deed of conveyance thereof, to be executed and acknowledged in like manner as if said premises had been sold upon execution issued on a judgment at law, which said deed so made shall invest the purchaser with all the title and interest of the defendant or defendants named in said warrant. And all moneys that may remain of the proceeds of such sale, after satisfying the said warrant of distress and paying the reasonable costs and charges of sale, shall be returned to the proprietor of the lands or real estate sold as aforesaid.

The VICE PRESIDENT. The committee propose to amend this section by inserting, after the word "be," in the twenty-third line, the words:

In all cases where the official bond of such collector has been duly recorded as aforesaid.

So that the clause will read:

And the amount of the sums due from any collector, as aforesaid, shall, and the same are hereby declared to be, in all cases where the official bond of such collector has been duly recorded as aforesaid, a lien upon the lands and real estate of such collector and his sureties, &c.

Mr. FESSENDEN. The provision in a previous section which rendered it necessary to record the bonds has been rejected by the Senate. If that action is to stand, this amendment should follow the same fate. It will then leave, unless the Senate should strike out the whole clause, a lien without any record at all. This amendment, however, should be rejected as the other has been. The amendment was not agreed to.

Mr. SUMNER. I would ask the chairman of the committee whether, in his opinion, the clause beginning with the twenty-first line relating to the lien should not be amended. I must say I have a doubt about it as applied to the sureties.

Mr. FESSENDEN. I am very free to say that, as the Senate has rejected the amendment that the committee proposed, I think it should not stand with regard to the sureties.

Mr. SUMNER. The question that occurred to me was, whether the clause might not be left with reference to the collector, by striking out the

words" and his sureties," in the twenty-fifth line. How does that strike the Senator?

Mr. FESSENDEN. I think that would do. Mr. SUMNER. I will move to strike out the words" and his sureties," in the twenty-fifth line.

Mr. HOWE. I wish to suggest to the Senator from Massachusetts, that we have made no provision for giving notice of any lien in any way whatever, either against the property of the collector or of his sureties. It was very generally asserted here yesterday that it would be proper to make these bonds a lien on the property of the collector; but there would be little propriety, I think, in making it a lien, unless you provided some way of giving notice of the lien, so as to protect purchasers. That can be done; and I wish now simply to suggest whether we had not better strike out the whole clause, and then substitute an amendment when we go over the bill a second time.

Mr. SUMNER. Very well.

Mr. FESSENDEN. I suppose an amendment is not strictly in order at present, as we are now going on with the amendments of the committee.

The VICE PRESIDENT, The Chair has decided the amendment of the committee to be rejected. Still, if the Senator proposes to amend it, the Chair will receive it.

Mr. HOWE. The amendment was properly rejected. The question is, whether we shall amend further.

The VICE PRESIDENT. The Secretary will read the next section.

The Secretary read section twenty-seven, as follows:

SEC. 27. And be it further enacted, That each and every collector or his deputy who shall exercise or be guilty of any extortion or willful oppression, under color of this act, or shall knowingly demand other or greater sums than shall be authorized by this act, shall be liable to pay a sum not exceeding double the amount of damages accruing to the party injured, to be recovered by and for the use of the party injured, with costs of suit, in any court having competent jurisdiction, and shall be dismissed from office, and be disqualified from holding such office thereafter; and each and every collector, or his deputies, shall give receipts for all sums by them collected and retained in pursuance of this act.

The VICE PRESIDENT. The committee propose to amend this section in the eighteenth line by striking out the words "in any court of competent jurisdiction."

The amendment was agreed to.

The Secretary read section twenty-eight, as follows:

SEC. 28. And be it further enacted, That a collector or deputy collector shall be authorized to enter, in the day time, any brewery, distillery, manufactory, building, or place where any property, articles, or objects subject to duty or taxation under the provisions of this act, are made, produced, or kept within his district, so far as it may be necessary for the purpose of examining said property, articles, or objects, or inspecting the accounts required by this act from time to time to be made. And every owner of such brewery, distillery, manufactory, building, or place, or persons having the agency or superintendence of the same, who shall refuse to admit such officer, or to suffer him to examine said property, articles, or objects, or to inspect said accounts, shall, for every such refusal, forfeit and pay the sum of $500.

Mr. FESSENDEN. I think that section ought to be amended. None has been proposed by the committee, but lest it may escape me I will suggest the amendment that I think ought to be made. When the committee passed over that section, they supposed it was confined to breweries, distilleries, manufactories, &c. I did not observe that it went on from breweries and distilleries, where the collector alone collects the taxes because they are definite, to any "manufactory, building, or place where any property, articles, or objects, subject to duty or taxation under the provisions of this act, are made, produced, or kept.' I think it should be amended by inserting after the words "deputy collector," the words, "assessor or assistant assessor," and I move that amendment. However, I will let it go, and move the amendment again at the proper time.

The Secretary read section twenty-nine, as follows:

SEC. 29. And be it further enacted, That if any person shall forcibly obstruct or hinder a collector or deputy collector in the execution of this act, or of any power and authority hereby vested in him, or shall forcibly rescue, or cause to be rescued, any property, articles, or objects, after the same shall have been seized by him, or shall attempt or endeavor so to do, the person so offending shall, for every such offense, forfeit and pay the sum of $500.

The VICE PRESIDENT. The committee