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on an amendment springing up in this way. I reports to go upon the Calendar, and not to be tion is that a bill may be put upon its passage do not see that there is any necessity for de- || brought back into the House on a motion to when reported to-morrow evening. terinining the matter just at the present time. reconsider, commencing with the Committee The SPEAKER. It may, under the rule, Mr. WILSON. I move that the Senate of Elections.

as found in the Digest, which states that conproceed to the consideration of executive busi No reports were made.

sent to report a bill carries with it the right to

consider the bill.

EIGHT-HOUR SYSTEM. Mr. SHERMAN. I hope that we may get

Mr. CONKLING. I understand that; yet rid of this appropriation bill. This question

The SPEAKER. The next business in order I should think that leave being asked to hear may come just as well on some other approis the calling of the States and Territories for

reports of a committee hardly conveyed to the priation bili.

resolutions, the pending question being upon House fairly the idea that we were to be called Mr. WILSON. If the Senator withdraws the resolution offered on Monday last by the

on to vote on the passage of the bills when the amendment we can do that.

gentleman from Illinois, [Wr. IngERSOLL.] reported. Mr. HENDERSON. I do not.

On the demand for the previous question on Mir. STEVENS. I do not so understand it The PRESIDENT pro tempore. Does the Monday, no quorum voted. A motion to lay

I understand the gentleman from Iowa Senator from Massachusetts withdraw his mothe resolution on the table was lost, and the

[Mr. Price] to have meant nothing more than tion for an executive session? question now recurs on seconding the demand

to bring these bills before the House and have Mr. WILSON. The amendment proposed for the previous question.

them postponed until a proper time for considby the Senator from Illinois will require some

The resolution was read, as follows:

eration. further examination and discussion, and if it Whereas it is one of the paramount duties of all Mr. PRICE. My intention was that these is to be pressed I certainly think we had better

legislative bodies to lighten as much as possible the bills should be acted upon to-morrow night, if

burdens resting upon the laboring classes and pronot attempt to pass the bill to-day. We had mote the general welfare: Therefore,

the House agreed to the resolution. And, Mr. better let it go over and reflect upon it.

Be it resolved by the blouse of Representatires, That Speaker, I see no force in the objection of the Mr. HENDERSON. I have no objection

the Committee for the District of Columbia be in-
structed to inquire into the expediency of establish-

gentleman from Illinois (Mr. WASHBURNE) or to that course. I have another amendment | ing by law the cight-hour system, as it is called, as that of the gentleman from New York, [Mr. that I propose to offer to this bill, and perhaps constituting a day's work in the District of Colum CONKLING.] If it is proper to act upon these

bia, and that said committee be authorized to report it is an amendment that ought to be printed by bill or otherwise.

bills at any time, they can be acted upon to. and that Senators would like to consider. I

Mr. KUYKENDALL. I see my colleague || The Committee on the Pacific Railroad has

morrow just as well as three months hence. do not desire to put myself in the way of the

is not in ; can it be informally laid over ?

not been called for two months; and in the service

course of the regular call of committees that requires that the bill 'should be passed imme

mous consent.
Mr. WENTWORTH. I object. There are

committee will not, in all probability, be called diately, I shall not stand in the way.

for two months to come. I have said to the Mr. TRUMBULL. It is a bill for the next other resolutions to be offered; I want to get

House, and I say again, that there are some several in. fiscal year, and will not go into effect until

members of the committee who wish to be

Mr. KUYKENDALL. If the previous quesJuly next.

absent for a few days, and who do not feel at Mr. HENDERSON. That is what I suption is not seconded, will the resolution go over?

liberty to be absent until this committee has

The SPEAKER. It would not under the posed, and therefore it is not at all necessary

been called. rule. that it should be hurried through immediately.

Now, the call of a committee for reports in

Mr. HARDING, of Illinois. I propose in I desire to offer another amendment, to insert

volves the necessity of acting upon the reports debate the resolution. the following as an additional section:

when made, although, as a matter of course,

The SPEAKER. This is not the day of its SEC. –. And be it further enacted, That in all cases

the bills reported may be postponed by the introduction; therefore rising to debate it does in which the incumbents of civil otfices shall be per

House until a day certain. mitted to perform the duties of their respective offices not carry it over.

The SPEAKER. The Chair will read the after their successors shall have been appointed and The previous question was seconded and the confirmed by the Senate, and after such successors

rule, on page 58 of the Digest: main question ordered ; and under the operashall have offered to qualify as provided by law, such

“The right to report at any timo carries with ittho incumbents shall not be paid any salary or other com

tion thereof the resolution was agreed to. right to consider tho matter when reported. And pensation, nor shall they be perunitted to receive any


where authority is given to a comunittee to make a cmoluments of office for services rendered after the

report at a particular time, the right follows to conexpiration of thirty days after the adjournment of Mr. BIDWELL offered the following resolu

sider the report when made." the session of the Senate at which the appointment

Mr. PRICE. Certainly.
of their successors may be confirmed.
The PRESIDENT pro tempore.
Resolreil, That the House will hold a session to-

Mr. STEVENS. I suggest to the gentleman morrow (Tnesday) evening, the 24th, commencing at from Iowa, [Mr. Price,] that he consent, or if tion now is on the amendment offered by the half past seven o'clock, for the purpose of hearing

necessary put it into the resolution, that, alSenator from Illinois to the amendment of the reports from the Committee on the Pacific Railroad.

though the bills may be discussed, yet no vote Senator from Missouri.

Mr. PRICE. I move to reconsider the vote

shall be taken upon them to-morrow night. Mr. HENDERSON. I ask that the amend. || by which the House agreed to•the resolution ; Mr. PRICE. I have no objection to that, if ment which I have just read may be printed. | and to lay that motion on the table.

the vote can be takenThe PRESIDENT pro tempore. It can only The question having been put on laying the

Mr. WASHBURNE, of Illinois. I desire be received by unanimous consent. The Chair motion on the table, no quorum voted. hears no objection. The amendment is received,

to inquire into what position a bill would be Mr. WASHBURNE, of Illinois. I ask the

left if it should be discussed to-morrow night and the order to print will be entered. gentleman from California [Mr. Bidwell]

without a vote being taken. Mr. TRUMBULL. That order to print, I what particular object he has in holding a The SPEAKER. It would come up the next presume, will also include the amendment that session to-morrow evening.

morning as unfinished business. I offered.

Mr. PRICE. I will answer that question. Mr. WASHBURNE, of Illinois. By that Mr. HENDERSON. Yes, sir. The Committee on the Pacific Railroad has

means, then, the Committee on the Pacific Mr. CONNESS. I also propose offering not been called for two months, and from the Railroad would come in ahead of all other coman amendment, and I may as well offer it at course of business it will be two months longer

mittees. I object to that, as it would be unfair this time. It is to come in at the end of the before it will be called. Some members will

to other committees. The Committee on Comfirst section.

have to be absent in a few days, and the comMr. WADE. I also offer an amendment,

merce, having very important business to remittee are very desirous of making a report. port, has not had an opportunity to do so for to be added as an additional section, with a Mr. WASHBURNE, of Illinois. Do the

some weeks. view to have it printed when the bill comes up committee want an evening session for the Mr. PRICE. It is a little too late now for again. purpose of passing their bills?

the gentleman from Illinois to object, and I will EXECUTIVE SESSION.


For the purpose of acting | say to him that the very reason why I desire Mr. WILSON. I renew the motion for an

to have to-morrow night fixed for the hearing executive session.

Mr. WASHBURNE, of Illinois. I consider of reports from the Committee on the Pacific The motion was agreed to, and the Senate

these Pacific railroad bills as most important, Railroad was that it would not interfere with proceeded to the consideration of executive granting as they do some sixty million dol any other business. business; and, after some time spent therein, | lars, and I trust that this House will not con Mr. ELDRIDGE. I object to debate. the doors were reopened, and the Senate

sider them in an evening session. There is no The SPEAKER. The motion to reconsider adjourned.

necessity for evening sessions now. The House is not debatable, and the gentleman from Wis

is far ahead of the Senate, and I trust we will consin (Mr. ELDRIDGE] objects to debate. HOUSE OF REPRESENTATIVES.

consider this matter only when the committee On the motion to lay on the table the motion

is called in order for reports. MONDAY, April 23, 1866.

to reconsider the vote by which the resolution Mr. CONKLING. Does the resolution ad

was agreed to, there were-ayes 40, noes 33. The House met at twelve o'clock m. Prayer mit the construction that action is to be taken Mr. WASHBURNE, of Illinois, called for by Rev. GEORGE F. Magoun, President of Iowa on the bill to-morrow night?

the yeas and nays. College.

The SPEAKER. The Clerk will read the

The yeas and nays were ordered. The Journal of Saturday last was read and resolution.

The question was taken ; and it was decided approved.

The resolution was again read.

in the affirmative-yeas 61, nays 40, not voting The SPEAKER stated as the regular order Mr. CONKLING. Now, I ask the Chair 82; as follows: of business the calling of the committees for ll whether the proper construction of that resolu. YEAS-Messrs. Allison, Ames, Anderson, Dclos R.


; which was read, considered, and agreed to:

The ques

upon them.

Ashley, Baker, Baxter, Beaman, Benjamin, Bidwell, [Mr. Higby,] in offering this resolution, to the first resolution should be concurred in by
Bingham, Blow, Boutwell, Bromwell, Broomall, have read any papers that accompany it.
Bundy, Dawes, Defrees, Deming, Donnelly, Driggs,

the Senate, being a concurrent resolution, then Ferry, Grinnell, Henderson, Iligby, Holmes, Asahel

The SPEAKER. It is not; that is in the the committee on reconstruction would be W.Hubbard, Hulburu, Ketcham. Kuykendall, Ladin, nature of debate.

required under it to report back the credentials George V. Lawrence, William Lawrence, Loan, Long Mr. DAWES. It is due to the character year, McKee, MeRuer, Miller, Moorhead, Morris,

of Representatives-elect from Tennessee; and Moulton, Myers, Orth, Patterson, Perham, Plants,

and object of the resolution that it should not then the House would take such action as they Price, John H. Rice, Rogers, Rollins, Schenck, Smith, be passed under the previous question.

pleased in regard to them. Stevens, Thayer, Upson, Burt Van Horn, Warner, William B. Washburn, Wentworth, James F. Wil

Mr. SPALDING. I object to debate.

Mr. LATHAM. I will withdraw the second son, Windom, and Woodbridge--61.

Mr. DAWES. I hope the previous question | resolution. NAYS-Messrs. Ancona, Boyer, Chanler, Render will not be sustained.

Mr. BROOMALL. Can that be done now? W. Clarke, Conkling, Delano, Dixon, Eggleston, Eldridge, Eliot, Farquhar, Finck, Glossbrenner, Good

The question was put on seconding the The SPEAKER. The gentleman has the year, II ale, Aaron Harding, Abner C. Harding, Hayes, demand for the previous question ; and there right to withdraw his resolution or to modify it Chester D. Hubbard, James R. Hubbell, James M. were-ayes 17, noes 43; no quorum voting. before any vote has been taken. Humphrey, Jenckes, Julian, Latham, Marshall, McCullough, Mercur, Paine, Ritter, Ross, Scofield, Shank

Tellers were ordered ; and Messrs. Higby Mr. RANDALL, of Pennsylvania. I underlin, Sitgreaves, Spalding, Taber, Taylor, Francis and CHANLER were appointed.

stand the Speaker to say that if the Senate Thomas. Trowbridge, Ward, and Elihu B. Wash The House divided; and the tellers reported || should concur in the resolution then this comburne-10. NOT VOTING-Messrs. Alley, James M. Ashley, -ayes 35, noes 62.

mittee on reconstruction would be discharged Baldwin, Banks, Barker, Bergen, Blaine, Brandegee,

So the House refused to second the demand from the further consideration of the creden. Buckland, Sidney Clarko, Cobb, Coffroth, Cook, Cul for the previous question.

tials in question. I rise to a point of order, lom, Culver, Darling, Davis, Dawson, Denison, Dodge, Mr. DAWES.. I rise to debate the resolu that the Senate has nothing to do with credenDumont, Eckley, Farnsworth, Garfield, Grider, Griswold, Harris, Hart, Hill, Hogan, Hooper, Hotchkiss, tion.

tials of members-elect to this House. Demas Hubbard, John II, Hubbard, Edwin N. Hub The SPEAKER. Then the resolution goes The SPEAKER. The Chair overrules the bell, James Humphrey, Ingersoll, Johnson, Jones, Kasson, Kelley, Kelso, Kerr. Le Blond, Lynch, Marsover under the rule.

point of order. The resolution reads, “the ton, Marvin, McClurg, McIndoe, Morrill, Newell,


Senate concurring,” and the gentleman who Niblack, Nicholson, Noell, O'Neill, Phelps, Pike,

offered it has thus submitted it as a concurrent Pomeroy, Radford, Samuel J. Randall, w.liam H. Mr. McRUER, by unanimous consent, subRandall, Raymond, Alexander H. Rice, Rousseau,

resolution. Sawyer, Shellabarger, Sloan, Starr, Stilwell, Strouse,

mitted the following resolution; which was Mr. BROOMALL. Is that resolution in John L. Thomas, Thornton, Trimble, Van Aernam, read, considered, and agreed to:

order under this call? Robert T. Van Horn, Henry D. Washburn. Welker, Resolved, That the Committee on Commerce bein The SPEAKER. It is. A resolution of Whaley, Williams, Stephen F. Wilson, Winfield, and structed to inquire into the subject of the storage and Wright-82. transportation of coinbustible and explosive inate

the House can be rescinded by a subsequent So the motion to reconsider was laid on the rials, and to report at any time, by bill or otherwise, resolution of the House, introduced by any

what measures, if any, are necessary to secure better table.

member under the i egular call of the States. protection to life and property. CUSTOM-HOUSE FRAUDS, ETC.

But this is a concurrent resolution, and though Mr. WASHBURNE, of Illinois. I desire

offered in order, requires by its language the Mr. HIGBY submitted the following resolu to say that after the morning hour I shall ask

action of the Senate. tion, upon which he demanded the previous || the attention of the House to that very subject Mr. CONKLING. I rise to a question of question: from the Committee on Commerce.

order. Resolved, That the Committee on Public Expendi


The whole subject of the resolution having tures be instructed to investigate the compromises of frauds upon the revenue which are all-ged to have Mr. DONNELLY submitted the following

been referred to a committee, I allude to the taken place in connection with the custom-house at Boston, and to ascertain what disposition has been

resolution; which was read, considered, and joint committee and to the joint action of the made of the moneys paid under such compromises; agreed to:

two Houses, and that committee not having also, to investigate such other alleged frauds upon the

asked to be discharged, and the time to re

Whereas one great object contemplated in the eseustoms or internal revenue as they may deem advis tablishment of the Agricultural Department was the

consider the reference having passed, it is not able, and whether any vexatious suits have been

distribution of valuable seeds and plants among the now in order, by a new resolution, passed by commenced against importers and others brought or people of the United States; Therefore, instigated by any person or persons connected with Resolved, That the Coinmittee on Agriculture be

a mere majority, and not under a suspension the customs or internal revenue service in the cities directed to inquire into the money value of the quota

of the rules, to bring the matter back into the of Boston or Now York; and that the committee be of seeds and plants received by the members of Con House for consideration. If the point of order authorized to send for persons and papers; and if, gress from tho Department; what proportion the in their judgment, it shall be necessary and most

is not supported by the ground I have stated, same holds to the whole appropriation for that pureconomical to take testimony in Boston or New York pose; whether a much larger quota could not be ob

I submit another ground. by such members of the committee as they may desig; tained by advertisement and contracts with the gar The committee having possession of this subnate, not exceeding five in number, such designated deners and nurserymen of the country; and generally members of the committee may have leave to sit dur

ject has made a report to the House. That what steps are necessary to increase the efficiency of ing the recess of Congress for the purpose of such the Agricultural Department.

report is still pending. A motion to recominvestigation, and with the aforesaid powers and authority.


mit the report was adopted, but a motion to

reconsider the recommittal was entered and Mr. WASHBURNE, of Illinois. That res

Mr. LATHAM submitted the following pre still stands. This arrested the subject on its plution embraces very broad powers. If the amble and resolutions:

way back to the joint committee, and left it subject is to be investigated at all, it ought Whereas the committee on reconstruction has before the House. Thus it is out of order to to be investigated by a special committee reported that the people of Tennessee are found to

discharge the committee of the subject, beappointed for that specific purpose.

be in a condition to exercise the functions of a State
within this Union; and whereas, by the information

cause the House and not the committee has Mr. HIGBY. I have demanded the pre received through the investigations of said commit possession of it now. It cannot be brought up vious question on the resolution. tee and through other channels, it is the sense of this

in the manner proposed. Mr. CHANLER. This resolution touches

House that the people of said State are entitled to
representation herein: Therefore,

Mr. ROSS. "Is it in order for the gentleman large commercial interests. The gentleman Resolved by the House of Representatives, (the Sen from New York (Mr. CONKLING] to make a from California is undoubtedly in earnest in

ate concurring,) That the committee on reconstructhis investigation. tion be, and the same is hereby, relieved from the

speech now? further consideration of all matters pertaining to the

The SPEAKER. The Chair is of opinion The SPEAKER. If debate arises on the representation of the State of Tennessee in this that the gentleman from New York has not resolution, it goes over under the rule.

Resolved, That the credentials of the Represent-

gone beyond fully stating the point of order. Mr. CHANLER. Well, I wish to debate atives-elect from said State be, and tho same are

Mr. ROSS. He seemed to me to be making the resolution.

hereby, referred to the Committee of Elections, with quite a speech. The SPEAKER. The gentleman from Cal

leave to report at any time, and with instructions The SPEAKER. The Chair overrules the ifornia has demanded the previous question.

to report as soon as practicable upon the elections,
returns, and qualifications of each of said Represent-

first part of the point of order, and sustains the Mr. CHANLER. Can the gentleman yield atives-elect.

second part, which is that the committee on the floor under that call?

Mr. BROOMALL. I would ask if that does reconstruction have reported on the credenThe SPEAKER. He cannot. A single not go to the committee on reconstruction with tials from Tennessee; that the report was objection would take the resolution over. out debate.

recommitted to that committee, and that, while Mr. HIGBY. If the House would permit Mr. LATHAM. The resolution is to relieve a motion to reconsider is pending, the report me to send a paper to the Clerk's desk and the committee from the further consideration is before the House and not before the comallow it to be read for information, I think gen of the subject so far as the State of Tennessee mittee. The question in regard to Tennessee tlemen would change their minds about this is concerned.

is not before the committee on reconstruction, resolution.

The SPEAKER. The Chair will examine but before the House. Mr. SPALDING. I object to debate unless the resolution.

Mr. FINCK. I rise to a point of order. the gentleman withdraws the demand for the Mr. BROOMALL. I hold that the concur Has not the report of the committee in regard previous question.

rent resolution of the two Houses cannot be to Tennessee been recommitted ? Mr. DAWES. I hope the gentleman will repealed in this way.

The SPEAKER. It has ; but the motion not press the demand for the previous question The SPEAKER.' The Chair would rule that to reconsider is pending, which arrests the upon a resolution like this and allow no one to

the first resolution offered by the gentleman action of the House. be heard upon it.

from West Virginia, (Mr. LATHAM,] being a con Mr. FINCK. Is it not always in the power Mr. CONKLING. I rise for information. current resolution, is in order. But the second of the House to discharge a committee ? I would inquire if it is not in order, as a mat resolution, being a simple resolution .of the The SPEAKER. It is, if the matter is be. ter of right, for the gentleman from California, II House, would not be in order at present. If fore the committee; but, as stated by the

gentleman from New York, the matter is requested to furnish this House with a full statement this House has no authority whatever to pass not before the committee, but before the of all money on hand, on the 10th day of July, 1865,

upon. applicable to the support of the various Indian tribes, House, pending a motion to reconsider. and for all other purposes connected with the Indian

The SPEAKER. The Chair overrules the Mr. LATHAM, What will be the first vote service. Also, the entire amount which has been question of order. It is not a question of order; taken on the motion to reconsider?

expended since that time and up to the 20th day of it is a matter for the discretion of the House. The SPEARER. The first vote will be on

April, 1865, and the objects for which such expendi-
tures have been made, together with the amount

Mr. JULIAN. I conceive no possible reason the reconsideration of the vote by which the now on hand applicable to said service under the fol for declining a direct vote on the proposition, subject was recommitted. The Clerk will read lowing heads. Also the amount which has been and I therefore ask for a vote of the House on

expended, over and above the appropriations already from page 164 of Barclay's Digest. made, namely:

the resolution as it stands. The Clerk read, as follows:

Pay of superintendents and agents, pay of sub Mr. RANDALL, of Pennsylvania. Is it in "49. When a motion has been once made, and car

agents, pay of temporary clerks by superintendents, order to move as an amendment to refer the ried in the aflirmative or negative, it shall be in order

pay of interpreters, pay for presents to Indians, pay for any member of the majority to move for thoreconfor provisions for Indians, pay for agency buildings

resolution to the Judiciary Committee? sideration thereof-on the same or succeeding day

and repairs, for contingent expenses of the Indian The SPEAKER. It is not, the previous and such motion shall take precedence of all other department, for making trcaties with Indian tribes,

question having been seconded. questions, except a motion to ndjourn, and shall not

for transportation of Indian annuity gooils. support be withdrawn after the said succeeding day without of refugee Indians in the southern and middle super

Mr. ELDRIDGE. Does the gentleman from the consent of the House; and thereafter any mem

intendencies, amount expended for support of refu Indiana [Mr. JULIAN] decline to modify his ber may call it up for consideration."

gce and other Indians over and above the amount resolution ?

heretofore appropriated. Mr. LATHAM. My inquiry is, what will

The SPEAKER. He does; and it would

TRIAL OF JEFFERSON DAVIS. be the first vote taken by the House on the

require unanimous consent to modify it. motion to reconsider?

The SPEAKER. The next business in

Mr. BINGHAM. Is it in order to move to The SPEAKER. To reconsider the vote by gentleman from Indiana, [Mr. Julian,) which

order is the following resolution offered by the reconsider the vote by which the previous queswhich the report in the Tennessee case was

tion was ordered. recommitted to the committee on reconstrucwas laid over one day under the rule :

The SPEAKER. The motion to lay on the tion. That can be called up at any time when

Resolved, (as thedeliberate judgment ofthis House) table prevents it.

That the speedly trial of Jefferson Davis, either by a the House is not engaged in the transaction civil or military tribunal, for the crime of treason or

Mr. BINGHAM. I hope the gentleman from of other business.

the other crimes of which hostands charged, and his New York [Mr. CHANLER] will withdraw that Mr. LATHAM. If the House reconsider prompt execution, if found guilty, are imperatively

motion, in order that I may move to reconsider. demanded by the people of the United States in order that vote, what would be the next vote? that treason may be adequately branded by the na

Mr. CHANLER. What is the motive of the The SPEAKER. The subject would be tion, traitors made infamous, and the repetition of gentleman in making that motion ? before the House-not recommitted to the their crimes, as far as possible, be prevented.

Mr. BINGHAM. If the gentleman will committee.

Mr. WILSON, of Iowa. I suggest to the withdraw his motion to lay the resolution on Mr. ELDRIDGE. Does the Chair decide | gentleman to refer that to the Committee on the table, I will move to reconsider the vote that the committee have not the subject in the Judiciary.

by which the previous question was seconded, charge?

Mr. JULIAN. Mr. Speaker, is this resolu so that I may move to refer the resolution to The SPEAKER. The subject is not before tion now debatable ?

the Committee on the Judiciary. the committee pending the motion to recon

The SPEAKER. It is; it was laid over Mr. CHANLER. Then I withdraw. sider, which can be called up at any time when under the rule for debate.

The question being put on the motion to the House is not engaged in other business. Mfr. WASHBURNE, of Illinois. Has the reconsider the vote by which the previous Mr. ROSS. Is there no chance by which the morning hour expired?

question was seconded, there were-ayes 80, House can get rid of this committee?

The SPEAKER. The morning hour will

noes 33. The SPEAKER. That is not germane to expire in one minute.

Mr. HARDING, of Illinois. I demand the the question before the House.

Mr. JULIAN. I demand the previous ques yeas and nays. Mr. WENTWORTH. I call for the regular tion on the adoption of the resolution.

The SPEAKER. The gentleman cannot order of business.

Mr. SMITH. I desire to debate it.

demand the yeas and nays on this motion. He Mr. DELANO. I take an appeal from the

The SPEAKER. If the previous question

may demand tellers. decision of the Chair in reference to the Ten

is not seconded it will then be open for debate. Mr. COBB. I call for tellers. nessee credentials.

Mr. WASHBURNE, of Illinois. I ask that

Tellers were not ordered. The SPEAKER. The appeal is entertained

the resolution be again reported. but is not debatable, as it has been made at a

The SPEAKER. It will again be reported || resolution reconsidered.

The SPEAKER accordingly declared the time when debate is not in order, and upon a

if there is no objection. question growing out of an undebatable sub Mr. JULIAN. I object.

The question recurred upon seconding the

demand for the previous question; and being ject.

Mr. WASHBURNE, of Illinois. Has not

put there were-ayes 21, noes 71. Mr. CONKLING. I move that the appeal the morning hour expired? be laid upon the table.

The SPEAKER. Not yet.

So the previous question was not seconded.

The SPEAKER. Mr. RANDALL, of Pennsylvania. I de The previous question was seconded--ayes 1) expired.

The morning hour has mand the yeas and nays. 50, noes 42.

Mr. SCHENCK. I call for the regular Mr. DELANO. As the appeal is not de

Mr. ANCONA. I demand tellers on sec

order of business. batable I withdraw it.

onding the demand for the previous question.
The SPEAKER. It is too late.

Mr. HITCHCOCK, by unanimous consent,

Mr. ANCONA. Then I demand tellers on Mr. WILSON, of Iowa. I ask the unaniordering the main question.

mous consent of the House to make an adverse introduced a bill to provide for the relief of

Mr. HARRIS. Is the resolution debatable? report on the message of the President, with persons for damages sustained by reason of The SPEAKER. It is not.

accompanying communications, recommending depredations and injuries by certain bands of

Mr. CHANLER. Is it in order to move to a modification of the test oath, that it may be Arrapahoes, Cheyenne, and Sioux Indians;

laid upon the table, and ordered to be printed. which was read a first and second time, ordered | lay the resolution on the table ? The SPEAKER. It is.

The SPEAKER. That can only be done by to be printed, and referred to the Committee on

Mr. CHANLER. I make that motion, and unanimous consent or under a suspension of Indian Affairs. demand the yeas and nays upon it.


Mr. WILSON, of Iowa. I again ask the gen Mr. WILSON, of Iowa. Then I move to Mr. BRADFORD, by unanimous consent, tleman from Indiana (Mr. JULIAN] to permit suspend the rules so as to enable me to make submitted the following preamble and resolu. this to go to the Committee on the Judiciary, the report. [Cries of “There is no objection; which were read, considered, and agreed who are now investigating that charge and tak tion, to: ing testimony.

Mr. RANDALL, of Pennsylvania. I call : Whereas it is represented that a certain regiment

Mr. HARDING, of Illinois. I do not see for the regular order of business. of unilitin, known as the first regiment of Colorado that this resolution involves any doubtful ques Mr. WILSON, of Iowa. I merely ask that mounted mililia, vas in the winter of 1865 mustered into the service of the United States by order of Col

tion upon which we need the advice of the the Committee on the Judiciary be discharged onel Thomas Moonlight, then commanding the dis Judiciary Committee.

from the further consideration of the subject trict of Colorado, and that they remained in the ser Mr. ELDRIDGE. Is it in order to move and that the report be laid upon the table and vice for several months, the horses and a portion of the equipments being supplied from private means, an amendment?

printed. and that said regiment was discharged without com

The SPEAKER. It is not.

Mr. ROGERS. I desire to present a minorpensation: Therefore,

Mr. ELDRIDGE. I ask the gentleman from ity report in favor of the recommendation of Beitresolved, that the Committee on Military Affairs bo instructed to inquire into the facts, and if they

Indiana [Mr. JULIAN] to allow the word “mil the President. find them to be substantially true as stated, to report | itary to be stricken out, so as to leave it that Mr. RANDALL, of Pennsylvania. I object a bill providing such compensation as may bo just he shall be tried by a civil tribunal. Then to the reception of the report, and proper. there will be no objection to it.

Mr. WILSON, of Iowa. I move a suspenSUPPORT OF INDIAN TRIBES.

Mr. GARFIELD, hope it will not be sion of the rules. Mr. BURLEIGH, by unanimous consent, stricken out, but that we shall have full power The question was taken ; and two thirds votsubmitted the following resolution ; which was to try him.

ing in favor thereof, the rules were snspended. read, considered, and agreed to:

Mr. HARRIS. I rise to a point of order, On motion of Mr. WILSON, of lowa, the Kesolreil, That the Secretary of the Interior he that the resolution presents a question which Committee on the Judiciary was discharged



from the further consideration of the message tion was passed; and also moved that the motion The question recurred upon the amendment of the President of the United States transmit to reconsider be laid upon the table.

of Mr. Davis. ting communications from the Secretary of the The latter motion was agreed to.

Mr. SCHENCK. I move to amend the Treasury and the Postmaster General, request


amendment by adding the following: ing a modification of the oath of office prescribed

But as vacancies may occur in the grades of major by the act of Congress approved July 2, 1862,

Mr. WASHBURNE, of Illinois, gave notice and captain in this department no appointments to and the same was laid upon the table, and the

that the Committee on Commerce, to which fill the same shall be madeuntil the number of majors was referred the subject of the necessary legis

shall be reduced to twelve and report of the committee ordered to be printed.

number of captains

to thirty, and thereafter the number of oflicers in Mr. ROGERS submitted a minority report

lation to protect life and property from the dan cach of said grades shall continue to conform to said upon the same subject; which was laid upon gerous explosive properties of nitro-glycerine, reduced numbers. the table, and ordered to be printed.

with leave to report upon the subject at any The amendment proposed by the gentleman Mr. WILSON, of Iowa, moved to reconsider || time, would probably be prepared to report on from Pennsylvania (Mr. THAYER) and accepted the vote by which the report of the Committee | Thursday next, at which time they would ask

by the gentleman from New York [Mr. Davis] on the Judiciary was disposed of; and also

the action of the House upon the subject. in lieu of one he had offered does not conform, moved that the motion to reconsider be laid


as I will hereafter show, to what was recomupon the table.

mended by the military officers to which this The latter motion was agreed to.

A message in writing was here received from the President of the United States, by Hon. | deal of misapprehension upon that matter,

matter was submitted. There has been a great PREVENTION OF CHOLERA. EDMUND Cooper, acting Private Secretary; also

which has been persistently pressed upon this Mr. WASHBURNE, of Illinois. I move

a message that he had approved and signed bills to suspend the rules to enable me to report and joint resolutions of the following titles,

House, all of which I mean to clear up by the

record. from the Committee on Commerce, for action namely:

But I confine myself now to proposing to at this time, a joint resolution to prevent the

An act (H. R. No. 18) to authorize the sale

amend the substitute by adding to it that which introduction of cholera into the ports of the

of marine hospitals and of revenue-cutters; United States.

An act (H. R. No. 25) for the relief of Thomas

I have read, and which is contained in the oriHurly; The question was taken; and two thirds

ginal section, eventually reducing the number Joint resolution (H. R. No. 88) expressive the continued increase of the force in the quar

of those officers with a view to guarding against voting in favor thereof, the rules were suspended.

of the thanks of Congress to Major General Mr. WASHBURNE, of Illinois, then, from Winfield S. Hancock ;

termaster's department, and bringing it down, the Committee on Commerce, reported the

Joint resolution (H. R. No. 102) for the re

even in case the substitute should be adopted, joint resolution ; which was read a first and lief of Alexander Thompson late United States

to the point to which the committee think it

should be brought, by legislation looking to seeond time.

consul at Maranham; and The joint resolution authorizes the President

Joint resolution (H. R. No. 108) appointing

the future sufficiency of the quartermaster's of the United States to make and carry into managers for the National Asylum for Disabled department. effect such orders and regulations of quaranVolunteer Soldiers.

Now, I have already said to this House that

there has been a continued effort made to intine as in his opinion may be deemed neces


crease the number of officers and to increase sary and proper, in aid of State or municipal The House resumed the consideration of the their rank in the different bureaus or staff deauthorities, to guard against the introduction

bill (H. R. No. 361) entitled "An act to reor partments stationed here at Washington. And of cholera into the ports of the United States. Il ganize and establish the Army of the United I have said to the House that I was prepared It further authorizes the President to emStates.?!

to expect that, whenever any committee felt it power military and naval commanders in ports

The following section was under considera their duty to report against this gradual prog: and places in States that have been or are in

ress in the increase of numbers, rank, and insurrection to enforce such quarantine regu. SEC, 16. And be it further enacted, That the quar pay in these staff departments, there would be lations as may be deemed necessary for the termaster's department of the Army shall hereafter

a general outcry from those departments, which purpose of guarding against the introduction consist of one quarterınastor general, with the rank,

would be felt in its influence upon this House; of cholera or yellow fever, and providing for

pay, and emoluwents of a brigadier general; six

quartermasters, with the rank, pay, and emolu and, as I once before said, that influence has & proper course of treatment of patients. ments of colonels of cavalry; ten quartermasters, gone far beyond my expectations. This House The resolution also appropriates such amount

with the rank, pay, and emoluments of lieutenant of money as may be necessary to carry the joint colonels of cavalry; fifteen quartermasters, with the

has already passed upon the Adjutant Genrank, pay, and emoluments of majors of cavalry: eral's department, and has added two colonels resolution into effect.

forty-four quartermasters, with the rank, pay, and and one lieutenant colonel beyond what was Mr. SCOFIELD. I rise to a point of order. emoluments of captains of cavalry; and at least two thirds of all original vacancies in each of the

ever recommended by anybody outside of this I submit that, as the joint resolution makes an

grades of lieutenant colonel or major, and all origi House, and beyond what was asked for by the appropriation, it must have its first consideranal vacancies in the grade of captain shall be filled

Adjutant General's department itself. That tion in Committee of the Whole on the state by selection from among those persons who have rendered meritorious service as assistant quartermasters

the House has already done. of the Union.

of volunteers in the Army of the United States in the Mr. CONKLING. If the gentleman will The SPEAKER. The gentleman from Penn late war. But after the first appointments made allow me, I desire to say that I have no doubt sylvania will observe that the suspension of

under the provisions of this section, asvacancies may
occur in the grades of major and captain in this de-

the fact is precisely as he states it; and I wish the rules suspended that rule as well as all

partment, no appointments to fill the same shall be to say for one that, such being the effect of the others. The motion was to suspend the rules made until the number of majors shall be reduced to section, I voted under an entire misapprehenthat the joint resolution might be considered twelve and the number of captains to thirty, and

thereafter the number of officers in each of said


sion; I understood the gentleman from Pennin the House at this time.

shall continue to conform to said reduced numbers. sylvania [Mr. THAYER) to receive from a memMr. SCOFIELD. Then I wish to suggest to the gentleman from Illinois that there ought || by Mr. Davis:

The following amendment had been moved

ber of the committee the assurance that the

effect of the amendment would be to leave the to be some limit to the amount of the appropriation.

Striko out all afterthe enacting clause of the section || matter precisely as it stood; and when afterand insert the following:

ward the chairman of the committee showed Mr. WASHBURNE, of Illinois. The com That the quartermaster's department of the Army mittee considered that point, and they did not shall hereafter consist of one quartermaster general,

us the effect of that amendment, I am satisfied with the rank, pay, and emoluments of a brigadier

that it took entirely by surprise a large num. fix any limit to the amount of the appropriageneral; four assistant quartermasters general, with

ber of those who had voted for it. tion because it was impossible to tell how the rank, pay, and emoluments of colonels of cav

Mr. SCHENCK. I am assured by two or much or how little would be needed. It is a alry; eight deputy quartermasters general, with the rank, pay, and cmoluments of licutenant colonels of

three gentlemen around me that they voted matter which must necessarily be left to the cavalry: sixteen quartermasters, with the rank, pay, under a misapprehension; and I desire to prediscretion of the Departments. I would be in and emoluments of majors of cavalry; and forty-eight favor of fixing a very small sum if the object assistant quartermasters, with the rank, pay, and

vent any such misapprehension in the future. emoluments of captains of cavalry, and the vacancies

Mr. PHAYER. Will the gentleman allow could be accomplished. But the yellow fever hereby createdin thogrado of assistant quartermaster me to correct an erroneous statement? is now prevailing in some of the ports and in shall be filled by selection from among the persons Mr. SCHENCK. I will give the gentleman other places in the South, and the Secretary

who have rendered meritorious service as assistapt

quartermasters of volunteers during two years of the an opportunity to make the correction when I of War has issued an order rather outside of

get through. his authority, and unless some provision of this kind shall be made he says he will have

The pending question was upon the following Now, sir, I think myself that the House, in to revoke that order. I hope, therefore, the || original section: amendment proposed by Mr. Schenck to the voting upon the proposition inade by the gen

tleman from Pennsylvania, did not understand House will pass the joint resolution, and I Add to section sixteen the following:

that he had accepted a modification proposed demand the previous question upon it.

But nothing in this section shall be construed so The previous question was seconded and the as to affect the commission of any officer now com

by the gentleman from Maine, [Mr. Blaine,] missioned, either as acting quartermaster general or

which introduced an entirely new feature. main question was ordered.

as deputy quartermaster general or as assistant quar am sorry that the gentleman from Maine, my The joint resolution was ordered to be termaster general, but only to change the title to colleague on the committee, is not present at engrossed and read a third time; and being | quurtermaster in the case of those who rank as col


this time, because I wish that the history of engrossed, it was accordingly read the third out affecting in any way their relative positions or

this matter shall be fully understood. It was time and passed. the time from which they take such rank.

proposed by the gentleman to go further than Mr. WASHBURNE, of Illinois, moved to The question was taken, and the amendment the Department itself had asked, because if reconsider the vote by which the joint resolu of Mr. SCHENCK was agreed to.

we did not do so, certain friends of his would



Assistant Quartermasters.....


Assistant Quartermaster Generals... 3

Quartermaster General....

Present organization.



make a couple of colonels and a lieutenant | not, it shall not prevail without having this // by the generals of the Army who had this mat

not get promotion. He urged that we must be sustained in bringing down these contract was offered as a substitute, and was finally provide for two additional colonels and one bureaus to such a point as will be suflicient to adopted by that body. lieutenant colonel; otherwise there would not | supply each staff department all the officers What I wish to call the attention of the House be the promotion which he desired; and he needed so as to send some of them out into to is the fact that the organization of the qnaraccompanied this suggestion with the very per the field with troops and to posts, diminishing termaster's department, which was approved suasive remark to me that his proposition would the number there and supplying, if need be, by the distinguished generals referred to, was also promote a friend of mine from my own intelligent clerks at less expense and without the organization contemplated in Senate bill State, in the Adjutant General's Office, Mr. military education for that purpose. The com No. 67. Vincent, an officer well deserving promotion. || mittee came to this conclusion, and they made Now, I have prepared a comparative stateBut I preferred to adhere to what I thought it a feature of their bill. I move the same ment showing the organization of this de partright for the bill and for the country, not yield- | feature to the substitute offered by the gentle ment of the Army at the present time, what it ing to my personal predilections. The House, man from Pennsylvania, (Mr. THAYER,] in or would be under Senate bill No. 67, approved however, was more liberal, and concluded to

prevailI it

ter under what it colonel that had never been asked for by any- | appended to it providing for a diminution of Senate bill No. 138 which passed the Senate, body prior to the proposition of the gentleman unnecessary number of officers employed in and what it is proposed to be under the House from Maine. And so the matter now stands. the staff departments.

bill now under consideration. It is as follows: I desire that no more such mistakes shall be The gentleman from Pennsylvania desires to made; and none shall be, if I can prevent it. make some reply in explanation of what was

Now, sir, the committee, in examining with said by the gentleman from New York, and I reference to the quartermaster's department | yield for that purpose. and other bureaus, have become satisfied that Mr. THAYER. I prefer to wait until the there is a tendency to concentrate too great a gentleman has finished what he has to say, force of officers in all the different staff depart Mr. SCHENCK. I yield the floor, then, ments, and that this abuse ought to be stopped. || altogether. They have therefore proposed that as vacan Mr. THAYER. Mr. Speaker, I will, in the cies occur the number of quartermasters in first place, clear up the matter referred to by two of the lower grades shall be reduced by the gentleman from New York, [Mr. CONKnot filling the vacancies until the number of LING.] The House will remember that when those officers comes down to a point which I proposed as a substitute for the section of the committee are satisfied will furnish a suf the bill now under consideration the correficient number of officers of this department to sponding section of the Senate bill No. 138, take charge of all the different posts, to supply || relating to the Adjutant General's department, all the troops, and to take care of matters here a suggestion was made by a member of the at the center.

Military Committee, the gentleman from Maine, Mr. Speaker, there is something to be learned [Mr. Blaine,] to modify the substitute which upon this subject by comparing different de I had offered. The effect of that modification partments of the Government; and I mean to was to increase the rank of three of the offido it here this morning with a view to showing cers in the Adjutant General's department. the extent to which this evil has grown in the It did not occur io me on the instant, (although War Department. I have long been aware if there had been opportunity for reflection it that in the Navy Department, where there is i would probably have occurred to me) that the not the temptation for officers to seek to be || effect of the modification proposed was to brought here because of commutation of quar increase not only the rank but the pay of those ters, commutation of fuel, and other little officers also. The modification having been advantages which pertain to the position of an offered by a member of the Military CommitArmy officer here, everything has been con tee I was induced to accept it. I was led to ducted upon a very much more economical || suppose by its proceeding from that source that scale, by calling a very much smaller number it was a modification favored by that commitof officers into the different bureaus here. But || tee, and it did not strike me as particularly I was not prepared to find so great an inequal. || objectionable. Subsequently, when my colity as is shown by an investigation which I || league [Mr. STEVENS) pointed out the fact to made on Saturday last.

the House that it would increase the expenses Leaving out the steam engineering depart of the Government, and when it was too late ment, where fifteen men are necessarily em for me to get rid of the modification, I disployed professionally in drafting plans relating tinctly informed the House of the then existing to the construction of steam engines, and position of the question. coming to the bureaus proper in that Depart I told the House at that time that if I had ment, I find that the Bureau of Medicine is | been aware that the effect of the modification managed by four officers only; the Bureau of proposed by the gentleman from Maine [Mr. Provisions by four; the Ordnance Bureau by | BLAINE] was to add to the expenses of the one, its chief; the Bureau of Navigation and Government I would not have accepted it; and Detail by six; the Bureau of Equipment, the I gave the House notice that if they chose to Bureau of Yards and Docks, and the Bureau vote down the modified substitute then pending of Construction by one each, their respective I would immediately offer my original substichiefs. Thus eighteen officers only take charge tute without the modification. The substitute of seven bureaus in the Navy Department. went to the House in that shape with full notice

Now, there is not a single bureau in the War of the existing state of the question, and the Department that has not twice as many officers || substitute as modified by the gentleman from to look after it.

Maine [Mr. BLAINE] was adopted by the Why do they come here? I admit the chief | House. of each bureau ought to be a professional I have alluded to this because I do not wish military man; I admit the heads of divisions | it to be understood that if there was any mismight properly be; but I contend it is not apprehension on the part of the House in the necessary to have a lieutenant colonel, so far vote which was cast upon that occasion, the as absolute rank is concerned, a brevet major || blame of it can in any measure be laid at my general, employed to keep the records in any ) door. one of these offices simply as a clerk, and yet I desire now to say a few words upon the I say that is done. I say all through these question now before the House. I am well departments—in the Adjutant General's de aware, sir, that the propositioa contained in partment to a certain extent, still more in the Senate bill No. 138, with regard to the organiquartermaster's department, and still more, zation of the quartermaster's department, is perhaps, in the other departments-men are not the precise proposition which was indorsed employed, receiving commutation of quarters, and approved by the distinguished generals who At the present time the number of quartercommutation of fuel, professional men, men were consulted upon these questions. I refer masters is sixty-five, including the Quartermas. who have been educated for the most part at to Lieutenant General Grant and to Generals ter General and all the members of his staff, four years' expense at West Point in engineer- | Sherman, Thomas, and Meade. What they did Under Senate bill No. 67, the total number of ing, gunnery, and military tactics, acting as approve was the organization of the Army as the staff would be eighty-seven. That was the clerks.

proposed in Senate bill No. 67, known as Mr. bill approved by Generals Grant, Meade, SherI want to know whether the committee will Wilson's bill, for which Senate bill No. 138 ll man, and Thomas. Under Senate bill No. 138,

46 Assistant Quartermasters...... 11 Quartermasters.

Deputy Quartermaster Generals...... 4 | Deputy Quartermaster Generals...... 12 Deputy Quartermaster Generals.

1 Quartermaster General.

Senate bill No. 67.


48 Assistant Quartermasters...........

Assistant Quartermaster Generals.. 6 Assistant Quartermaster Generals... 4

20 Quartermasters


been presented by the Military Committees of the Senate and House of Representatives. Comparison of the present and of the proposed organization of the quartermaster's department of the Army, according to the bills which have

1 Quartermaster Generals..

Senate bill No. 138.

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48 Quartermasters (captains).

16 Quartermasters (majors).

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