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powers involved in this question. I have some constitutional scruples upon the subject of taxing apprentices and slaves in this way. I am too old fashioned to indulge such a violent feeling of Indignation as to violate the Constitution in taxing slaves, in order to punish those who have been guilty of this very wicked, cruel, and horrible rebellion. I fear that many of my constituents, in their just hatred of rebels, will not be able to see the reason why I should have any difficulty as to the constitutionality of this measure. But, sir, I do not believe that our fathers, when they came fresh from the field of blood and wrote the charter of our liberties for the benefit of all and the protection of all, and to endure for all time, wrote an idle and unmeaning paper, or that they designed that it should be broken at pleasure or partake of the nature of India rubber, to be stretched first one way and then the other, to meet any contingency or any circumstances that might arise to make it desirable to do so in after times. If the Constitution does not suit the tone and spirit of the times, it should be changed or altered or amended, in the way pointed out and provided for by the Constitution.

I think, sir, this is a direct tax-a capitation tax. That is my trouble; that is my difficulty. Were it not so, I should not hesitate to say it. I think it is so according to the plain interpretation of the Constitution; and the Supreme Court of the United States has already decided it to be so in numerous cases that have been before them. Judge Story, in his Commentaries, says it is so. It is said, however, that this is not a tax upon the person but a tax upon the labor of these persons. That is the distinction drawn by the Senator from Massachusetts. Now, I cannot use the polished, finished, classical language of the Senator from Massachusetts, but in plain, homespun parlance, I must be permitted to say that this seems to me to be a mere evasion-it seems to me like "whipping the devil around the stump.' "It is the same thing at last; it comes to that; if you do not tax the man by name, you tax him in the character of a man, or in the character of a slave owing service and labor to his master. You single him out; you point to him; you direct your tax gatherer to him as such; you recognize him as such; you enumerate and count him. If you can tax him in that way and do so constitutionally, then you may tax all the apprentices, all the persons held to service or labor in the United States, and in that point of view it would somewhat equalize the burden, and would take from the mouths of persons living in the border States a large part of the complaint they make against it, provided they were not themselves the fathers of children or the masters of apprentices, and also taxed as such.

Now, sir, it seems to me, with these difficulties, constitutional difficulties, grave as they are, we might steer clear of this question of a direct or capitation tax by levying a tax upon cotton; tax

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king cotton,' tax the rebel king. I was in favor of that proposition, not with a view of punishing anybody in this bill, but with a view of making the southern portion of this country-in which has been hatched this hydra-monster of rebellion-contribute something to the expenses of the war, or with a view at all events of showing our recognition of their business, and of letting them know that we have not entirely neglected or forgotten them in a financial point of view, and we will not neglect them otherwise. In that way we certainly can raise from the South means to carry on the war, and steer clear of the constitutional objection to a capitation tax or a tax on persons. If we have any desire to avoid a breach of the Constitution, it would be the better course for us to take to levy the tax on cotton and not on slaves. I am sorry to say-and I say it at the risk of bringing down the manufacturing interest of my State on my head-that, notwithstanding the warm feelings of some Senators so frequently expressed here in behalf of humanity, and all their indignation against a system that no man, I think, who lets his reason operate can fail to condemn, yet when an attempt is made to put a tax of a fippenny bit on a loom or a spindle, they find expedients and arguments and reasonings in opposition to it which are not used and employed upon other occasions, when the objects of their chief solicitude are involved. I go as far as any man in showing my disapprobation of the system of human slavery. I am opposed to it. I trust

I have given evidence of this. I would have nothing to do with it; I wash my hands of it in any way; but in doing so, I will not knowingly take a step that will violate the Constitution of my country, which I have here in the presence of Almighty God sworn to support. Men outside of this Chamber may talk about expediency, and they may say, "vote this way" or "vote that way," and "construe the Constitution as our friends construe it;""do as we want you to do;" but, sir, when I came here and took an oath to support the Constitution, I became bound to support it faithfully. When it has been interpreted by the highest legal tribunal of the country, I am bound to take their interpretation of it on a question that has been brought fairly and properly before them; but where it has not been so interpreted, I shall act in accordance with my own judgment and my own reason; and if I happen to run counter to the wish or opinion or will of my constit uents, I shall regret it; yet I am ready to stand up against it and take the consequences; and if I cannot stand I will fall, and I shall feel much happier thus falling, than in standing and acting contrary to my convictions of what is just and right. Sir, all our measures here should be to save the Union and the Constitution. This war is for the Constitution, and to compel obedience to it. In carrying on this war, and providing means for that purpose, we cannot willfully overthrow or violate it. If we do, then every article of property that we seize is a robbery, and every man we kill constitutes a murder! Sir, we are able to crush rebellion and still preserve the Constitution unbroken and unimpaired! If, with our superiority in men and means, we will not do it, then we deserve to fail.

The question being taken by yeas and nays, resulted-yeas 14, nays 22, as follows:

YEAS-Messrs. Anthony, Clark, Fessenden, Grimes, Harlan, Howard, Howe, King, Lane of Kansas, Morrill, Simmons, Sumner, Trumbull, and Wade-14.

NAYS-Messrs. Bayard, Browning, Carlile, Cowan, Davis, Dixon, Doolittle, Foster, Hale, Harris, Kennedy, Lane of Indiana, Latham, McDougall, Pomeroy, Powell, Saulsbury, Sherman, Ten Eyck, Willey, Wilson of Massachusetts, and Wright-22.

So the amendment was rejected.

Mr. HOWE. On the 114th page, I move to strike out in the thirteenth and fourteenth lines of section seventy-eight, the words, "and on all sums added to their surplus or contingent funds." It is the section taxing banks, insurance companies, and savings banks.

The amendment was agreed to.

Mr. LANE, of Kansas. I offer an amendment to come in at line seven of section twenty, in regard to the advertisements for unpaid taxes.

Mr. FESSENDEN. Section twenty has been stricken out, and an amendment inserted in lieu of the whole of it.

Mr. LANE, of Kansas. Will the Senator hear my amendment? It is after the word "be," in the seventh line of the twentieth section, to insert "or if there be no newspaper published in such county, then in some newspaper having a general circulation therein."

Mr. FESSENDEN. All that section has been struck out, and the Senator will see our amendment on the next page.

Mr. LANE, of Kansas. Does your amendment cover that point?

Mr. FESSENDEN. The amendment, as it has been adopted, provides for an advertisement in each county where there is a newspaper, and additional notice by writing in four public places in each county.

Mr. LANE, of Kansas. That is what I am trying to remedy. We have in our State papers that circulate in all the counties of the State; and in a county where there is no paper published, I want the advertisement published in a paper of general circulation in that county from another county.

Mr. FESSENDEN. The Senator will have to study over the amendment we have adopted, and move to amend that to carry out his idea when the bill gets into the Senate. We cannot amend it here.

Mr. SUMNER. I move that the Senate now proceed to the consideration of executive busi

ness.

Mr. FESSENDEN. Before the question is put on the motion of the Senator from Massachusetts,

I wish to make a statement to the Senate. I deem it very important with reference to the business of the session that we should get through this bill this week. We have two days of it left, and I shall ask the Senate to remain here, if necessary, longer than the usual time to-morrow and Saturday for the purpose of finishing the bill. We are very much pressed for time, and there is other business of importance behind this bill. I shall not ask the Senate to sit to-night, as it is desired by several gentlemen to have a short executive session. I hope Senators will be able to remain here, enough to give us a quorum at any rate, to go on and finish this bill to-morrow, or certainly before the end of the week. In my judgment, it is very important that it should be done.

Mr. HALE. Why not take a recess to-morrow at five o'clock?

Mr. FESSENDEN. If that shall be thought advisable then, we can do so.

Mr. HALE. I think that will be the better way.

Mr. FESSENDEN. A recess has never been found very profitable. I merely make this general statement to the Senate. Of course, I shall be at the disposal of the Senate.

Mr. HALE, (to Mr. FESSENDEN.) I will be at your disposal on that matter. Mr. SUMNER's motion was agreed to.

INDIAN LANDS IN KANSAS.

Mr. LANE, of Kansas. I desire to offer a resolution.

The VICE PRESIDENT. The Chair will receive it if there be no objection.

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

Resolved, That the Secretary of the Interior be requested to furnish to the Senate copies of Coombs's and Walsh's reports, and all other papers on file in his Department having reference to the disposal of the half-breed Kaw lands on the Kansas river, in the State of Kansas.

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. 459) to allow the State of California an additional Representative in the Thirty-Seventh Congress.

The message also announced that the House had passed the bill of the Senate (No. 272) to establish a land office in Colorado Territory, with amendments; in which the concurrence of the Senate was requested.

ENROLLED BILL SIGNED.

The message further announced that the Speaker of the House had signed an enrolled bill (S. No. 187) to reduce the expenses of the survey and sale of the public lands of the United States; and it was signed by the Vice President.

HOUSE BILL REFERRED.

The VICE PRESIDENT. By unanimous consent, before the doors are closed, the Chair will present some House bills for the purpose of refer

ence.

The bill (No. 459) to allow the State of California an additional Representative in the ThirtySeventh Congress, was read twice by its title, and referred to the Committee on the Judiciary.

RAILROADS IN MISSOURI.

The bill (No. 281) supplemental to "An act granting the right of way to the State of Missouri, and a portion of the public lands to aid in the construction of certain railroads in said State," was read twice by its title.

Mr. HARLAN. The Committee on Public Lands have informally considered this bill, and recommend its passage. I therefore ask that it may be put on its passage now. It will occupy but a moment, and it is important that it should be passed at once. It is simply to extend the time during which a railroad company in Missouri may apply their lands.

The VICE PRESIDENT. The bill may be considered now if there be no objection.

morrow.

Mr. LANE, of Kansas. Let it go over till toI should like to look at it. The VICE PRESIDENT. The doors will be closed.

After some time spent in executive session the doors were reopened, and the Senate adjourned

HOUSE OF REPRESENTATIVES.

THURSDAY, May 29, 1862.

The House met at twelve o'clock, m. Prayer by the Chaplain, Rev. THOMAS H. STOCKTON. The Journal of yesterday was read and approved.

RESIGNATION OF A MEMBER.

The SPEAKER, by unanimous consent, laid before the House the following communication; which was read and laid on the table:

AUBURN, MAINE, May 25, 1862.

DEAR SIR: Being about to accept and enter upon the duties of the office of associate justice of the supreme judicial court of the State of Maine, to which I have been recently appointed and commissioned, I hereby resign my office of Representative in the Thirty-Seventh Congress from the second congressional district in Maine, and respectfully ask that this my resignation may be accepted, to take effect from this date.

Yours, with respect, Hon. GALUSHA A. GROW,

C. W. WALTON.

Speaker of the House of Representatives.

SEA-COAST DEFENSES.

The SPEAKER announced the unfinished business to be the consideration of the bill (H. R. No. 416) authorizing the appointment of a board of fortification, to provide for sea-coast and other defenses of the United States and for other purposes; upon which the gentleman from Missouri [Mr. BLAIR] was entitled to the floor.

if the gentleman proposes to put this bill upon its
passage?

Mr. BLAIR, of Missouri. Yes, sir; it is the
object and intention of the committee to put the
bill upon its passage.

Mr. HOLMAN. I would suggest to the gentleman from Missouri the propriety of allowing the bill to be considered in the Committee of the Whole on the state of the Union.

after the word "same," in line eight, the words, "and at their expense, which shall be paid or secured to the satisfaction of the Secretary of the Interior before the work shall be performed." The amendment was agreed to.

RAILROAD GRANT TO MISSOURI.

Mr. POTTER, from the same committee, reported back, with an amendment, bill of the House No. 281, supplemental to an act granting the right of way to the State of Missouri, and a portion of the public lands to aid in the construction of railroads in said State.

Mr. KELLOGG, of Illinois. I suggest to the gentleman that it would be better to postpone the bill and make it the special order, rather than that it should go to the Committee of the Whole on the state of the Union. It is a bill of very great importance, and, for one, I would like to examine it a little more. True, it has been before the House long enough to afford time for its examination, but it is equally true, I presume, that many gentlemen have not examined its provis-nated by the authority of said State, as well as

ions.

Mr. BLAIR, of Missouri. I will state that the bill has been pending for nearly two months. It has been printed, and has been postponed from time to time, with a view to its being examined by members who asked for time to examine it; and certainly, if the bill is of any consequence at all, it ought now to be acted upon, and disposed of in one way or the other.

Mr. FESSENDEN. I hope the gentleman will consent that the bill shall be made the special order for some future day, if he is not willing that it shall go to the Committee of the Whole on the state of the Union. It is exceedingly desirable that we should have an opportunity to examine the provisions of the bill. Many gentlemen, probably, have not given it that attention which they would have done if they had not supposed that it would be made a special order.

Mr. STEVENS. I would inquire, as a question of order, whether the bill must not be sent to the Committee of the Whole on the state of the Union? There is an appropriation contained in it. The SPEAKER. The bill has been considered in the House on some four or five different

Mr. BLAIR, of Missouri. This bill has already been before the House once, and it was postponed at the suggestion of some gentlemen who desired to offer amendments to it. The Committee on Military Affairs supposed that it was palpable to every one that some permanent system of defenses was demanded, and it was thought that no better plan could be adopted than to take the experience of the actors in the grand experiments which are now taking place in our country, believing that that experience would suggest the modifications necessary to make effective our permanent defenses. The bill therefore provides that there should be appointed a board of fortifications, to consist of two engineer officers, an officer of ord-days, and it is, therefore, too late to raise the nance, an officer of artillery, two naval officers, and two eminent civilians. It was thought best to make a mixed commission of this kind instead of committing this matter entirely to the engineer corps, for the reason that as it was the business of our Navy to destroy these fortifications, the judgment of naval officers would be quite as valuable to the country as that of the engineers themselves.

It is unnecessary to advert to the different transactions which have taken place which make this so important at this time. It is believed, from what has occurred in this country, that there is not a single harbor upon our coast which could not be entered by steamships of war, and the cities upon them destroyed. It is certain that the defenses of our southern cities are considered quite as good as those of any of our northern cities, and it is well known that our naval officers have not hesitated at any time to enter any of our southern ports, and to destroy their defenses. There is, in this same connection, and which was thought to be exceedingly necessary and proper, a clause in this bill requiring that certain additional armories and arsenals shall be provided. This is at least as important, in my opinion, as the permanent fortifications themselves. The nation should never be found in a position again when it will be necessary to send abroad for arms to defend our homes, and there cannot be any such additional expense From the creation of these arsenals and armories s should lead any gentleman to hesitate an intant to authorize their erection in various parts f the country.

The last recommendation of the committee is for an increase in the number of students at our

aval and Military Academies. It has already been made manifest that we cannot, under the present ystem, conveniently enlarge the number, and the recommendation of the committee is that an adJitional number, equal to that now allowed by law, shall be allowed to enter these schools, and ave the advantages of education there whenever ey will do so at their own expense.

I do not think any further explanation of the >ill is necessary; but if any gentleman desires to offer any amendments, I will yield the floor to him.

Mr. KELLOGG, of Illinois. I desire to know

question of order. The rule is, that bills contain-
ing appropriations shall receive their first con-
sideration in Committee of the Whole, but this
is the fourth consideration of this bill.

Mr. STEVENS. I thought it had merely been
taken up and postponed.

The SPEAKER. The gentleman from Missouri and some other gentlemen discussed the bill when it was up before.

Mr. BLAIR, of Missouri. The bill has already been considered in the House once or twice, and I am satisfied that if it has not received the examination of the House, it never will receive it.

Mr. STEVENS. Well, it is a monstrous large bill to pass without free discussion.

Mr. BLAIR, of Missouri. If it is the wish of the House, I have no objection to the bill being postponed and made the special order for Tuesday next. That will, perhaps, put gentlemen on the alert in regard to the matter.

Mr. KELLOGG, of Illinois. I shall be satisfied with that.

Mr. STEVENS. Is there any objection to its
being referred to the Committee of the Whole on
the state of the Union, where it can be amended
and discussed?

Mr. BLAIR, of Missouri. Not if the House
will into committee, and take it up and con-
go
sider it.

Mr. STEVENS. I should prefer that, so that
we may not be cut off from discussion and amend-
ment. It is a very large bill.

Mr. BLAIR, of Missouri. I ask, then, that the bill be considered, as a special order, in the Committee of the Whole on the state of the Union on Tuesday next.

There was no objection; and it was so ordered. The SPEAKER then proceeded to call the committees for reports, beginning with the Committee on Public Lands.

SURVEY OF GRANTS OR CLAIMS OF LAND.

Mr. POTTER, from the Committee on Public Lands, to which was referred the bill of the House (No. 189) for the survey of grants or claims of land, with the amendment of the Senate thereto, reported back the same with the recommendation that the amendment be concurred in.

The amendment of the Senate was to insert

The bill was read. It provides that the time required by the act to which it is supplemental, for the completion of the road therein described, from the city of St. Louis to such point on the western boundary of said State as may be desig

the reversion to the United States of the lands thereby granted to the State of Missouri for the use of the said road be extended for ten years from the 10th of June next, provided, that in case the said company shall fail to complete the said road within the time as thus extended, said lands shall then revert to the United States.

The bill further provides that the railroad company may sell, convey, or incumber all or any portion of said lands, provided the proceeds thereof be faithfully applied in the construction of said railroad, being the same now known as the southwest branch of the Pacific railroad.

The committee recommended that the latter provision be stricken out.

Mr. POTTER. I will state that the bill as reported by the committee merely provides for an extension of the time which the company have to build the road.

Mr. PHELPS, of Missouri. I can explain the bill in a moment.

Mr. HOLMAN. I desire to ask the gentleman a question. The bill seems to contemplate a grant of lands made directly by the Government to this particular road, now a branch of the Pacific railroad. Now, it was not a grant to any railroad company, but to the State itself. The question is, whether the language employed in the bill sufficiently indicates its object.

Mr. PHELPS, of Missouri. I think there is no doubt in regard to that. I can well understand why the gentleman from Indiana should have some apprehension on the subject. The words which give rise to this apprehension are words copied from the original grant. The grant is not extended to the railroad company, but to the State of Missouri alone. It is the State that will obtain all the benefits of this bill. No railroad company will obtain them, nor will any lands be affected by it, except those allotted to the State of Missouri for railroad purposes in 1853-54.

The bill merely provides an extension of time, which has become necessary by reason of the unfortunate condition of affairs in the country. The effects of the financial revulsion of 1857 extended in Missouri to 1858-59. The civil war that has recently carried devastation through the country has been most severely felt there. The flight of its inhabitants, the destruction of their property, all prevented their being able at this time to construct that road. This bill merely extends the time within which the people of the State may receive the benefits intended to be conferred by Congress in the land grants made to that State. I hope the bill will pass.

Mr. LOVEJOY. I would like to inquire of the gentleman at what time the grant expires as now fixed.

Mr. PHELPS, of Missouri. On the 10th of June next.

Mr. LOVEJOY. We have made large donations of land to these roads, on condition that they would perform certain service for the United States, and when that service has been performed, the Government has had to pay for them all the same as though we had not given them the land.

Mr. PHELPS, of Missouri. The payments to which the gentleman refers were made because of the peculiar circumstances of the country, the burning of the bridges, tearing up the track, &c.

Mr. LOVEJOY. The Government of the United States rebuilt the bridges, repaired the road, and yet had to pay for the transportation of troops and munitions.

Mr. PHELPS, of Missouri. Not on that road.

Mr. LOVEJOY. I think it a very questionable policy to continue or extend the time of these donations. They are simply donations. The Government gets nothing in return. If the company has failed to build the road up to so near a period of the time when the limitation expires, I doubt whether we ought to renew the grants or extend the time.

Mr. PHELPS, of Missouri. The gentleman is mistaken if he thinks that on this road the Government has built any of the bridges destroyed.

Mr. LOVEJOY. There is no road at all there, if I am not mistaken.

Mr. PHELPS, of Missouri. The gentleman is mistaken. There is a road there, and one of great importance. It was over it that our army passed for one hundred and thirteen miles, from the city of St. Louis. When the gentleman went to Springfield he passed over the other road.

Mr. TRIMBLE. I do not think, Mr. Speaker, that the argument of the gentleman from Illinois against the extension of these land grants possesses much force. The policy of these grants to aid in building railroads, I believe to be a good one. I do not think that there can be any doubt about its wisdom. If it be good policy to make new grants to railroads, it is certainly good policy to extend those already made when the roads, from various circumstances, have not yet been completed. The fact that many of the railroads of the country have not complied with what we believe to be the requisitions of their charters in regard to the transportation of mails and munitions of war for the Government, should not, I think, be made an objection to making further grants for like purposes. I understand that all the alternate sections are sold at double the minimum price which the Government receives for its public lands. If we get $2 50 an acre for these alternate sections, we get all that we would if the whole had been sold at the minimum price. I think, therefore, that the argument adduced by the gentleman from Illinois has really no force in it, and that there are good reasons why the time should be extended for the completion of this railroad.

Mr. POTTER. All that I have to say is that after the committee had examined the matter thoroughly they came to the unanimous conclusion that it is right and proper the time should be extended to this company. I suggest that there should be a verbal amendment to the bill, to make it read "June, 1862," instead of " June next.' The amendment was agreed to.

Mr. POTTER. I now move the previous question.

The previous question was seconded, and the main question ordered.

The amendment reported by the Committee on Public Lands was agreed to.

The bill was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed.

Mr. PHELPS, of Missouri, moved to reconsider the vote by which the bill was passed; and also moved to lay the motion to reconsider on the table.

The latter motion was agreed to.

AGRICULTURAL COLLEGES BILL.

Mr. POTTER, from the Committee on Public Lands, reported back House bill No. 138, donating public lands to the several States and Territories that may provide colleges for the benefit of agriculture and the mechanic arts, with a recommendation that it do not pass; which was referred to the Committee of the Whole on the state of the Union.

CALIFORNIA LAND TITLES.

Mr. POTTER. I am also instructed by the Committee on Public Lands to report back House bill No. 422, to quiet land titles in the State of California. At the request of the delegation from California, I move that it be made a special order for Wednesday next.

Mr. WASHBURNE. Iobject to its being made a special order. I have no objection to 'its being postponed.

Mr. PHELPS, of California. Is it in order to move to put the bill on its passage?

The SPEAKER. The bill is before the House. Mr. JOHNSON. I desire to say that I have been spoken to by some parties in this city in relation to the provisions of the bill. My attention

has been called to it, and it has been represented to me that there are serious objections to its passage. I therefore desire that it shall take its regular course, and go to the Committee of the Whole on the state of the Union. I have never read the bill myself. I do not know in what way it is objectionable, but I am told that it is regarded as objectionable by persons whose interests are affected by it.

Mr. POTTER. I withdraw the motion to make it a special order, and I move that its further consideration be postponed till next Thursday, and that the bill be printed.

It was so ordered.

COLORADO LAND OFFICE.

Mr. POTTER. I am instructed by the Committee on Public Lands to report back, with amendments, Senate bill No. 272, to establish a land office in Colorado Territory.

The bill was read. It subjects all the lands to which the Indian title has been or shall be extinguished within the Territory of Colorado to the operations of the preemption act of September 4, 1841, and under the conditions, restrictions, and stipulations therein mentioned; provided, that when unsurveyed lands are claimed by preemption, notice of the specific tracts claimed shall be filed within six months after the survey has been made in the field; and on failure to file such notice, or to pay for the tract claimed, before the day fixed for the public sale of the lands by the proclamation of the President of the United States, the parties claiming such lands shall forfeit all right thereto, provided said notices may be filed with the surveyor general, and to be noted by him on the township plats, until other arrangements have been made by law for that purpose.

The second section provides that the public lands within the Territory of Colorado to which the Indian title is or shall be extinguished shall constitute a new land district, to be called the Denver district; and authorizes the President to appoint, by and with the advice and consent of the Senate, a register and receiver of public moneys for said district, who shall be required to reside at the place at which said office shall be located, and they shall have the same powers, perform the same duties, and be entitled to the same compensation as are or may be prescribed by law in relation to land offices of the United States in the State of Kansas.

The following amendments were reported by the Committee on Public Lands:

Section one, after the word "lands" in line three, insert the words "belonging to the United States." Line four, strike out the words "within the Territory of Colorado."

Lines twelve and thirteen, strike out the words "before the day fixed for the public sale of the lands by the proclamation of the President of the United States," and insert in lieu thereof the words "within twelve months from the filing of such notice.""

Section two, line five, strike out the word "Denver," and insert the word "Colorado."

Add the following as a new section:

SEC. 3. And be it further enacted, That an act entitled "An act to graduate the price of the public lands to actual settlers and cultivators," be and is hereby repealed.

The bill as proposed to be amended will read: Be it enacted, &c., That all the lands belonging to the United States to which the Indian title has been or shall be extinguished shall be subject to the operations of the preemption act of the 4th of September, 1841, and under the conditions, restrictions, and stipulations therein mentioned: Provided, however, That when unsurveyed lands are claimed by preemption, notice of the specific tracts claimed shall be filed within six months after the survey has been made in the field; and on failure to file such notice, or to pay for the tract claimed within twelve months from the filing of such notice, the parties claiming such lands shall forfeit all right thereto, provided said notices may be filed with the surveyor general, and to be noted by him on the township plats, until other arrangements have been made by law for that purpose.

SEC. 2. And be it further enacted, That the public lands within the Territory of Colorado to which the Indian title is or shall be extinguished snall constitute a new land district, to be called the Colorado district; and the President is hereby authorized to appoint, by and with the advice and consent of the Senate, a register and receiver of public moneys for said district, who shall be required to reside at the place at which said office shall be located, and they shall have the same powers, perform the same duties, and be entitled to the same compensation as are or may be prescribed by law in relation to land oflices of the United States in the State of Kansas.

SEC. 3. And be it further enacted, That an act entitled "An aet to graduate the price of the public lauds to actual settlers and cultivators," be and is hereby repealed. The amendments of the committee were agreed to. The bill, as amended, was ordered to a third

reading, and was accordingly read the third time, and passed.

Mr. POTTER moved to amend the title by adding" and for other purposes."

The amendment was agreed to.
The title, as amended, was agreed to.

BOUNTY APPROPRIATION BILL.

On motion of Mr. STEVENS, by unanimous consent, House bill No. 413, making appropriations for the payment of the bounty authorized by the sixth section of an act entitled "An act to authorize the employment of volunteers to aid in enforcing the laws and in protecting public property," approved July 22, 1861, and for other purposes, with the amendments of the Senate thereto, was taken from the Speaker's table, and referred to the Committee of Ways and Means.

MESSAGE FROM THE SENATE.

A message from the Senate was received by Mr. FORNEY, their Secretary, notifying the House that the Senate have agreed to the amendments of the House of Representatives to the bill (S. No. 185) to reduce the expenses of the survey and sale of the public lands of the United States.

ADJOURNMENT over.

Mr. POTTER moved that when the House adjourns to-day, it adjourn until Monday next. The motion was agreed to.

Mr. KELLOGG, of Michigan. I ask the consent of the House to take up and put on its passage House bill No. 432.

Mr. HICKMAN. I call for the regular order of business.

The SPEAKER. The regular order of business is the call of the Judiciary Committee for reports.

CALIFORNIA MEMBERS OF CONGRESS.

Mr. HICKMAN, from the Committee on the Judiciary, reported back House bill No. 459, to define the time when censuses hereafter to be taken shall take effect for purposes of representation, with amendments.

The SPEAKER stated the question to be on the amendments of the committee. First amendment:

Strike out the first section of the bill, as follows: That a census shall be taken in the year 1870, and shall take effect, for purposes of representation in Congress, from and after the 3d day of March, 1873, and shall continue as the basis of representation for a perid of ten years, and each subsequent census shall, in the same manner, continue for a like period.

The amendment was agreed to.

Second amendment:

Section two, line four, strike out the word "has," and insert the word "had."

The amendment was agreed to

Third amendment:

Page 2, line five, strike out the words "under the said census. ." and insert instead thereof the words "in the Thirty-Seventh Congress."

The amendment was agreed to.

Fourth amendment:

Page 2, line fourteen, strike out "when the whole number shall be the number now established by law." The amendment was agreed to.

The bill, as amended, would then read:

Be it enacted, &c., That as the census has never been reliably taken in the State of California until the year 1860, and as it appears that the said State had sufficient popula tion to entitle her to three Representatives in the ThirtySeventh Congress, and as three Representatives have been duly elected to the Thirty-Seventh Congress, under the supposition that the said State was entitled to the same. as appears by the certificate of the Governor thereof, and as direct taxes have been apportioned to and paid by saic State under the census of 1860, therefore the said State shall be allowed three Representatives in the Thirty-Seventh Congress, and for that purpose the whole number of Representatives is hereby increased one, until the begin ning of the Thirty-Eighth Congress.

The bill, as amended, was ordered to be en – grossed, and read a third time; and, being engrossed, it was accordingly read the third time.

Mr. WICKLIFFE. Believing this bill contains a provision which is an invasion of a constitua – tional right in respect to representation in Cox1gress, I cannot consent that it shall be passed witout recording my vote against it. I call for the yeas and nays on its passage.

The yeas and nays were ordered.

The question was taken; and it was decided n the affirmative-yeas 74, nays 37; as follows: YEAS-Messrs. Aldrich, Alley, Arnold, Baker, Beaman,

THE OFFICIAL PROCEEDINGS OF CONGRESS, PUBLISHED BY JOHN C. RIVES, WASHINGTON, D. C.

THIRTY-SEVENTH CONGRESS, 2D SESSION.

Francis P. Blair, Samuel S. Blair, Blake, Buffinton, Casey, Chamberlin, Clark, Clements, Colfax, Covode, Cutler, Dawes, Delano, Diven, Duell, Edgerton, Edwards, Fessenden, Fisher, Frank, Gooch, Granger, Haight, Hanchett, Hickman, Hooper, Hutchins, Julian, Kelley, Francis W. Kellogg, William Kellogg, Kerrigan, Lehman, Loomis, Lovejoy, McKnight, Moorhead, Auson P. Morrill, Nixon, Onn, Patton, Timothy G. Phelps, Pike, Pomeroy, Porter, Potter, Price, Alexander H. Rice, John H. Rice, Riddle, Edward II. Rollins, Sargent, Sedgwick, Shanks, Sloan, Smith, Spaulding, John B. Steele, Trimble, Trowbridge, Van Horn, Van Valkenburgh, Verree, Voorhees, Whaley, Albert S. White, Wilson, Windom, and Worcester-74. NAYS-Messrs. Ancona, Baily, Baxter, George II. Browne, Calvert, Cobb, Frederick A. Conkling, Corning, Dunlap, English, Grider, Harding, Harrison, Holman, Hor ton, Johnson, Knapp, Law, Lazear, McPherson, Maynard, Menzies, Justin S. Morrill, Noble, Norton, Perry, Robinson, Segar, Sheffield, Shiel, William G. Steele, Vallandigham, Wadsworth, Walton, Webster, Chilton A. White, and Wickliffe-37.

So the bill was passed.

During the vote,

Mr. BUFFINTON stated that Mr. ELIOT was absent in consequence of sickness in his family, and had paired with Mr. HALL.

The committee also reported in favor of amending the title, so as to make it read, "An act to allow the State of California an additional member in the Thirty-Seventh Congress."

The amendment was agreed to.
The title, as amended, was passed.

Mr. HICKMAN moved to reconsider the vote
by which the bill was passed; and also moved to
lay the motion to reconsider on the table.
The latter motion was agreed to.

CONSULAR JUDICIAL POWERS.

Mr. HICKMAN, from the Committee on the Judiciary, reported a bill to amend the act of Congress approved 22d June, 1860, entitled "An act to carry into effect provisions of the treaties between the United States, China, Japan, Siam, Persia, and other countries, giving certain judicial powers to ministers and consuls or other functionaries of the United States in those countries, and for other purposes;" which was read a first and second time.

The bill was read. The first section provides that whenever the laws of the country and the treaties of the United States may permit, the consuls and commercial agents of the United States on the coast of Africa shall have power to entertain and decide upon any causes of libels of vessels which may be seized for being concerned in the slave trade, in the same manner and to the same extent as such power is now vested in the courts of the United States. The remaining sections of the bill give detailed instructions for the proceedings of such consuls and commercial agents when so acting in their judicial capacity.

Mr. THOMAS, of Massachusetts. Has that bill been printed?

Mr. HICKMAN. It has not. I ask, however, that the following letter from the Secretary of State be read.

The Clerk read, as follows:

DEPARTMENT OF STATE, WASHINGTON, February 11, 1862. SIR: It has been represented to this Department that the policy of this Government for the suppression of the African slave trade, as contained in the several acts of Congress on that subject, could be much more efficiently and promptly carried out, if we had courts on the coast of Africa, competent to decide upon the delinquency of a vessel charged with that nefarious pursuit. That coast is so remote from the United States that the hazards and other circumstances attending a voyage hither, in a captured vessel, not unfrequently, it is believed, deter a capture, and delinquents are Thereby allowed to escape. With a view to remedy this evil, I have prepared a short bill, which is herewith subnitted, clothing the consuls and commercial agents of the United States on the African coast with admiralty jurisdicLion in cases of captures under the acts relative to the slave rade. This jurisdiction, however, is proposed to be exrcised in such places only as it may be permitted by the ocal laws, and is to be restricted to proceedings in rem gainst the vessel itself. The persons found on board, harged as offenders, are to be sent to the United States to e tried in the courts of this country.

The candid and prompt consideration of the subject by e committee is deemed highly desirable for the humane <bject in view.

I have the honor to be, sir, your obedient servant, WILLIAM H. SEWARD. Ion. JOHN HICKMAN, Chairman of the Committee on the Judiciary, House of Representatives.

SATURDAY, MAY 31, 1862.

Mr. THOMAS, of Massachusetts. I ask now that section one of article three of the Constitution may be read.

The Clerk read, as follows:

"The judicial power of the United States shall be vested in the Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office."

Mr. THOMAS, of Massachusetts. Now, sir, I desire to propound this question to the chairman of the Committee on the Judiciary: the Constitution, having provided that the judicial power of the United States shall be vested in a Supreme Court and in such inferior courts as Congress may from time to time establish, and having also provided that the tenure of office of these judges shall be during good behavior, I submit the question sul, appointed and holding office during the pleaswhether it is practicable or wise to vest in a conure of the President, and having otherwise no judicial functions, the judicial power of the United States to hold a court of admiralty, and make final decisions in admiralty?

Mr. HICKMAN. I do not think the objection of my colleague on the Judiciary Committee is well founded. I do not believe, in the first place, that this is constituting a court; and in the second place, if it were, this Congress has power to constitute a court which may give judicial powers to any individual in the country. By act of Congress we may constitute any individual a court to that extent. But, sir, this bill merely authorizes consuls to proceed against these vessels. If my recollection is right, this is not an anomalous proceeding upon the part of Congress, for I believe that our consul at Constantinople, and perhaps our consuls in other places, have powers conferred upon them similar to those proposed to be conferred by this bill. There are a great many precedents for the action proposed by the Committee on the Judiciary, and if we choose to make a consul of the United States a judge of a court, there is no constitutional objection to it. I demand the previous question.

The previous question was seconded, and the main question ordered; and under the operation thereof, the bill was ordered to be engrossed and accordingly read the third time. read a third time; and being engrossed, it was

On a division on the passage of the bill, there were-ayes 50, noes 40.

Mr. RICHARDSON. voting.

There is no quorum

The SPEAKER. The Chair will make a quorum.

Mr. CALVERT demanded the yeas and nays on the passage of the bill.

The yeas and nays were ordered..

The question was taken; and it was decided in the affirmative-yeas 63, nays 45; as follows:

YEAS-Messrs. Aldrich, Ashley, Baily, Baxter, Samuel S. Blair, Blake, Buffinton, Casey, Chamberlin, Clark, Colfax, Frederick A. Conkling, Covode, Cutler, Duell, Dunn, Edgerton, Ely, Fessenden, Fisher, Frank, Goodwin, Granger, Gurley, Hanchett, Hickman, Horton, Hutchins, Julian, Francis W. Kellogg, William Kellogg, Lansing, Loomis, Lovejoy, McKnight, McPherson, Moorhead, Anson P. Morrill, Justin S. Morrill, Nixon, Patton, Timothy G. Phelps, Pike, Pomeroy, Porter, Potter, Riddle, Edward H. Rollins, Sedgwick, Shanks, Sloan, Stevens, Stratton, Trowbridge, Van Horn, Van Valkenburgh, Verree, Walton, Washburne, Albert S. White, Wilson, Windom, and Worcester-63. NAYS-Messrs. Alley, Ancona, Biddle, Jacob B. Blair, George H. Browne, Calvert, Cobb, Roscoe Conkling, Corning, Delano, Dunlap, English, Gooch, Haight, Harding, Harrison, Johnson, Kerrigan, Knapp, Law, Leary, Leliman, Maynard, Noble, Noell, Norton, Odell, Pendleton, Perry, Richardson, Robinson, Segar, Sheffield, Smith, John B. Steele, William G. Steele, Benjamin F. Thomas, Train, Trimble, Vallandigham, Voorhees, Wadsworth, Webster, Chilton A. White, and Wickliffe-45.

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NEW SERIES.....No. 153.

by which the bill was passed; and also moved that the motion to reconsider be laid upon the table. The latter motion was agreed to.

ENROLLED BILL.

Mr. GRANGER, from the Committee on Enrolled Bills, reported that they had examined and found truly enrolled Senate bill No. 187, to reduce the expenses of the survey and sale of the public lands in the United States; when the Speaker signed the same.

JUDICIAL DISTRICTS IN PENNSYLVANIA.

Mr. HICKMAN, from the Committee on the Judiciary, reported back House bill No. 1, to divide the State of Pennsylvania into three judicial districts, and to establish a district court, to be holden in the city of Erie, with the recommendation that it do pass; and demanded the previous question.

The bill was read.

Mr. HOLMAN. Has this bill been printed? Mr. HICKMAN. I understand that it has been printed.

Mr. HOLMAN. I understand that it has not been printed.

Mr. OLIN. What is the necessity of going to the expense of printing a bill of this character?

Mr. HOLMAN. Is it in order to move that the bill be referred to the Committee of the Whole on the state of the Union?

The SPEAKER. Not during the pending of the demand for the previous question."

Mr. JOHNSON. I ask my colleague to yield the floor to me for a moment to make an inquiry. Mr. HICKMAN. I yield to my colleague.

Mr. JOHNSON. The bill is not upon my file, and I have been unable to see a copy of it. I cannot get a copy of it in the document-room. I ask my colleague, therefore, whether this bill makes a change in the existing districts, except as it takes from them to make up this new district?

Mr. HICKMAN. It makes no change except that, and it will create no additional expense. It simply authorizes a court to be holden in the city of Erie, where there is more business for a court than there is at Pittsburg.

Mr. HOLMAN. Does it increase the expenses of the Government?

Mr. HICKMAN. It does not increase the number of judges, but it simply authorizes the district court to be holden at Erie, upon the lake, where there is more business for a court than there is at Pittsburg itself. It does not increase the expenses to any material extent.

Mr. COX. I ask the gentleman from Pennsylvania not to demand the previous question until I have an opportunity to move an amendment, which is desired by the judges and lawyers of the State of Ohio. It has been favorably considered by a previous Congress. It does not increase the number of judges, and it does not increase the salaries of the present judges. I only want to provide for the holding of a court in northern Ohio at Toledo, and in southern Ohio at Columbus. The court is now held at Cleveland and Cincinnati. There is no objection to the proposition.

Mr. HICKMAN. I would like to accommodate the gentleman from Ohio, but I think that his amendment would be out of place in this bill. It would be more in place on bills to be hereafter reported from the Committee on the Judiciary.

Mr. COX. I have been waiting for an oppor-* tunity to get this proposition before the House. Mr. HICKMAN. I yield to the gentleman to offer his amendment.

Mr. COX. I move the following as an additional

section:

SEC. 12. And be it further enacted, That a session of the district court for the northern district of Ohio be held once a year, at such time as the district judge may fix, and after such publication as he may think proper to give, at the city of Toledo; and that a similar session of the district court for the southern district of Ohio be held, after like publication, at the city of Columbus, once a year.

Mr. HICKMAN renewed the demand for the previous question.

The previous question was seconded, and the main question ordered.

Mr. HOLMAN. Is it in order to move the reference of the bill and amendment to the Committee of the Whole on the state of the Union?

The SPEAKER. It is not, as the main question has been ordered

Mr. RICHARDSON. Has the morning hour expired?

The SPEAKER. It has, but the main question has been ordered on this bill.

The amendment was rejected; there being, on a division-ayes 18, noes 50.

The bill was ordered to be engrossed, and read a third time; and being engrossed, it was accordingly read the third time, and passed.

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

The latter motion was agreed to.

EXTRA COPIES OF PRESIDENT'S MESSAGE. Mr. WALTON. I rise to a privileged question I am directed by the Committee on Printing to report the following resolution:

Resolved, That ten thousand extra copies of the President's message of May 27, 1862, on the means and agencies for the protection of the Government, be printed for the use of the House.

The resolution was agreed to.

AGRICULTURAL BUREAU BILL, ETC.

Mr. WALTON, from the same committee, reported the following resolution; which was read, considered, and agreed to:

Resolved, That five thousand extra copies of the act to establish a Department of Agriculture, together with the report of the Committee on Agriculture thereon, be printed for the use of the House.

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Resolved, That the Clerk of the House of Representatives be directed to procure from the publishers, for the use of the House library, at a cost not exceeding what has heretofore been paid for the said work, one hundred copies or sets of the Annals of Congress and Register of Debates, and pay for the same out of the contingent fund of the House: Provided, That the copies or sets remaining in the hands of the proprietors after the execution of this resolution shall not be sold or disposed of until they have been offered to Congress.

Mr. Speaker, it is proper to state that the gen tleman from New York, a member of the committee, agreed to report the resolution only on the understanding that he should not be considered as recommending its passage. I do not propose to restate the facts, which are contained in the report of the committee.

Mr. LOVEJOY. I move to lay the resolution on the table.

On a division, there were-ayes 48, noes 56. Mr. HICKMAN demanded the yeas and nays. The yeas and nays were ordered.

The question was taken; and it was decided in the negative-yeas 56, nays 64; as follows:

YEAS-Messrs. Baker, Francis P. Blair, Samuel S. Blair, George H. Browne, Buffinton, Chamberlin, Clark, Cobb, Colfax, Frederick A. Conkling, Roscoe Conkling, Corning, Cutler, Dawes, Diven, Edgerton, Edwards, English, Fessenden, Frank, Granger, Hanchett, Hickman, Hutchins, Julian, Kelley, Francis W. Kellogg, William Kellogg, Kerrigan, Knapp, Lansing, Loomis, Lovejoy, McKnight, Mitchell, Anson P. Morrill, Odell, Olin, Patton, Pike, Porter, John H. Rice, Robinson, Edward H. Rollins, Sargent, Sedgwick, Shanks, John B. Steele, William G. Steele, Trimble, Trowbridge, Van Valkenburgh, Verree, Wilson, Windom, and Woodruff-56.

NAYS-Messrs. Aldrich, Alley, Ancona, Baily, Baxter, Beaman, Biddle, Jacob B. Blair, Blake, William G. Brown, Calvert, Casey, Clements, Cox, Crittenden, Delano, Duell, Dunlap, Dunn, Ely, Fisher, Gooch, Grider, Haight, Harding, Harrison, Horton, Law, Leary, McPherson, Mallory, Maynard, Menzies, Moorhead, Noble, Noell, Nugen, Pendleton, Perry, John S. Phelps, Timothy G. Phelps, Pomeroy, Price, Alexander H. Rice, Richardson, Riddle, James S. Rollins, Segar, Sheffield, Sloan, Stevens, Benjamin F. Thomas, Francis Thomas, Train, Voorhees, Wadsworth, Walton, Ward, Webster, Whaley, Albert S. White, Chilton A. White, Wickliffe, and Worcester-64.

So the resolution was not laid upon the table. Mr. WALTON. I desire to say that we now annually pay for the debates of Congress more than three times the amount involved in this resolution, and yet the resolution is to purchase a work containing the proceedings of Congress for the first forty-eight years after the organization of this Government. In 1850 we purchased one

hundred sets of this work for our library, but at this time that number is reduced to eighty-five

sets.

Mr. F. A. CONKLING. How has the number been so reduced?

Mr. WALTON. By the neglect of members, probably, to return them to the library. If we go on at this rate, very soon the supply in our library will be exhausted. There are but three hundred sets left in the hands of the publishers, and we shall be obliged, unless we supply ourselves soon, to reprint that work ere long at an expense of perhaps half a million of dollars. As a matter of economy, therefore, I think we ought to purchase these books; and we ought to purchase them now, when, by doing so, we can give some benefit to those who are the authors and the proprietors of the work. I move the previous question.

Mr. CLARK. I ask my colleague to withdraw the previous question. I am a member of the Committee on Printing, and desire to make a

statement.

Mr. WALTON. Certainly; I withdraw the call in favor of my colleague.

Mr. CLARK. The matter has been before the House before. At the extra session of Congress the facts were reported to the House, and a resolution, recommended by the committee, reported for their adoption, but the House voted it down. Subsequently, and during this session, the matter was again referred to the committee, and they have brought it before the House again.

I find, upon examination, that there are eightyfive perfect copies in the House library, thirty in the Senate library, and thirty-five copies in wrappers, ready to be exchanged with foreign Governments. That gives us more than a hundred perfect copies besides those in wrappers.

Mr. PHELPS, of Missouri. I desire to inquire of the gentleman from New York whether all the public documents relating to the earlier congressional library was burned some years ago, sessions of Congress were not burned when the and whether he can find any information upon the subject of these debates, except by recurrence to these very books?

Mr. CLARK. I understand that there are eighty-five perfect sets in the House library, thirty in the Senate library, and thirty-five put up in wrappers. The expense attendant upon the adoption of this resolution will be $35,500-an expense which can very well be avoided at this time.

Mr. HICKMAN. I ask the gentleman from New York to yield to me a moment. I think if there is anything in this matter of not having copies enough of this work in future, you can go about the country and purchase any number of copies which may be required, twenty years hence, at less than one half of what it is now proposed to buy

them at.

Mr. ROSCOE CONKLING. You can do it. to-day.

Mr. HICKMAN. The country has been flooded with these works by the action of previous Congresses. There is no question about that. A large majority of the members of this House know that a trade has been carried on here by speculators in the Congressional Globe and the Annals of Congress, and this has been going on for years. And are not gentlemen aware of the fact that the proceeds of this proposed purchase will not go into the hands of Gales & Seaton, as I am informed, but into the hands of a set of secession sympathizers, now in the city of Washington, who have trafficked in these books for years past, and who propose to do so until this edition is exhausted? This is a mere, sheer, bald, and bold speculation, and I hope the House will vote down the proposition.

Mr. CLARK. I have a communication in my hand which I desire to have read.

Mr. PHELPS, of Missouri. Will the gentleman yield to me? Mr.CLARK. After the communication is read. The letter was read, as follows:

WASHINGTON, May 15, 1862.

SIR: In reply to your inquiry relative to the cost, &c., of the Annals of Congress and the Register of Debates, I have to state that the Annals is comprised in forty-two volumes, and the Register in twenty-nine volumes. The publisher's price is five dollars per volume, amounting to $355 per set. The cost of one hundred sets is $35,500. There undoubtedly are in second hands in this and other cities near by enough of these books to supply any order Congress may make, and which, no doubt, can be bought at one half the

publisher's price, provided the order be drawn requiring the
Clerk to purchase of the lowest bidder.

There are now in the House library about eighty-five
complete sets of the Annals and Registers.
Very respectfully,
JOHN BAILEY.

Mr. PHELPS, of Missouri. I desire to make an inquiry of the gentleman from Pennsylvania. I understood him to say that if this purchase was made, the money would go into the hands of certain secession speculators. Please designate them. Mr. WALTON. I hardly intended to yield to every gentleman upon the floor.

Mr. HICKMAN. I desire to reply to the gentleman from Missouri. I believe I know the names of one or two of those gentlemen, but I do not wish to put them upon the record here.

Now, I wish to say an additional word, and that is, that no person knows better-none here knows so well-as the gentleman from Missouri, that it was the uniform practice of this House, up to the Thirty-Fourth Congress, when the practice was stopped, to vote to each member of Congress these identical publications. The consequence is that those books are a drug in the hands of those former members of Congress, and you can go about the country now and purchase them for a song.

And does not the gentleman also know that when these books were ordered by this House to be purchased by the Clerk, instead of getting them from the original publication offices-the Congressional Globe from Blair & Rives, and the Annals bought all around the country, and one half the of Congress from Gales & Seaton-they were books distributed were old copies? Does not the gentleman know that that was the constant complaint made by the publishers of these respective works-Blair & Rives and Gales & Seaton? Mr. PHELPS, of Missouri. I do not remember it.

Mr. HICKMAN. I remember it distinctly. The subject was discussed in the Thirty-Fourth Congress several times.

Mr. PHELPS, of Missouri. The gentleman from Pennsylvania stated in his place that if this resolution should pass, the money would go into the hands of secession sympathizers.

Mr. HICKMAN. I say I was informed so. Mr. PHELPS, of Missouri. As a matter of I desired to have them specified, because I desire course, he was advised upon the subject. I was not. to have them dealt with according to the law of the land. I have no sympathy with them. When, instead of answering the question, he refers to however, he is called upon to name those parties, some knowledge I may have in reference to the manner in which books were distributed in former years. My recollection differs with his.

published under an act of this House, and provision was made that Congress should take a certain number of copies. I did not approve of that measure, and I endeavored to defeat that law. But it was carried; and I have the impression that but one distribution was ever made to members of the House of Representatives, and that to the Congress which voted the appropriation and directed this compilation to be made.

The Annals of Congress were directed to be

So far as the Register of Debates is concerned, they were published many years ago. Some were distributed at that time, and some were distributed at a subsequent time.

gentleman from Vermont was entitled to the floor Mr. NOELL. I rise to a point of order. The and yielded it to the gentleman from New York. I make the point that the gentleman from New York cannot yield the floor except unconditionally.

The SPEAKER. The Chair sustains the point of order.

Mr. WALTON. I will resume the floor unless the gentleman from New York wishes to continue his statement.

Mr. FRANK. Will the gentleman yield to me

a moment?

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