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not have this Solicitor then. We had a war

in to preserve uniformity of decision, and har

Mr. TRUMBULL. I apprehend that the Mr. TRUMBULL. Undoubtedly; and a sult the Attorney General. It is very obvious general class of this business that is spoken of great deal of that there was no controversy that the wholesome operation of the Governwould never go to the Attorney General's office, about in the world. Very few of its points ment depends very much upon the uniformity and therefore the objection does not obtain were controverted points. Some construction of the construction which can be given to the which the Senator from Maine makes.

was to be put upon the statute and the mode Mr. FESSENDEN. Who is to do it? of executing it, and the Commissioner at that Now, in relation to the Department of State, Mr. TRUMBULL. Let it be done just as time had to inaugurate the systein.

the honorable member from Massachusetts, who it was always done before 1860. This was a But I have said all I desire to say about this from his situation as chairman of the Commitgreat Government before that.

matter, and detained the Senate longer than I tec on Foreign Relations has become very famil. Mr. FESSENDEN. I know it was; but had any intention of doing in reference to it. iar with the actual condition of the Department, then we did not have these claims.

I regard it as a matter of general importance says there are pressing now upon the Depart.

affairs ment claims made by citizens of foreign coun:

tries and claims which our citizens suppose they 1812 ; we had a Vexican war; and we have mony in the Government, and between the have upon foreign Governments; but it seems to been able to conduct the Government without different Departments of the Government. I ine that claims of that description, of all others, having an Attorney General in each of the De. have thought it better that we should not cre are the claims which should be submitted to the partments of the Government, for that is what ate these law officers of the different Depart. | Attorney General—I mean, not the details of this proposition amounts to. The objection to ments. I believe the Senate understand it. I

the claims, but the principle upon which those it is ihe diversity it leads to in the construction shall be satisfied with whatever decision they claims are to be placed. It would never do, of law; the same opinions do not obtain in the make. My motion is to strike out this section, and I do not know that the Secretary of State, different Departments of the Government. I with a view, if it is stricken out, of increasing or that the President would consent if the Sec. think it would be much better for the public | the force in the Attorney General's office suf retary of State was disposed to do it, to make service that there should be one officer to put | ficiently to discharge what I suppose would be a claim upon a foreign Government without the construction upon a statute which is to gov the proper duty to be discharged by the Law | taking the advice of the law oficer of the Gov. ern all the Departments of the Government. Office.

ernment; but it may be that acting upon the It is a matter of public interest, as I conceive, Mr. SUMNER. I will only make one remark. authority of the Solicitor, and throwing himself and best for the public service. I have sug: It seems to me the Senator from Illinois | upon that authority, the Secretary might pre. gested it to the Senate. The Senate will do strangely forgets the change in the condition sent claims against a foreign Government or with it what it thinks proper. I think the prac of things. He asks why we should not go on might resist claims upon our Government made tice of establishing these Solicitors in the dif now as we have for the previous sixty years. by the subjects of a foreign Government which ferent Departments is a very bad one. If the There is a very sufficient answer: the machin- || ought to be submitted to the judgment of the Senate think differently, they will retain this ery of the previous sixty years is not adequate higher officer of the Government. I do not section. That is all there is of it. I have dis to the work which we have to do now. In some mean to say anything of the actual condition of charged my duty with respect to it.

places you are obliged to change the machin- | things as they exist; but it is to be presuined, Mr. FESSENDEN. Let me ask the Sena cry; in other places you are obliged to add to and I

suppose it is true now, that the Attorney tor another question. In the Internal Revenue it. We are told that new occasions teach new General otthe United States must be more comBureau there are a large number of questions || duties, and I believe that the great occasion of petent to advise on all questions of this descriparising every day. They have an officer there our war has taught new duties to the Govern tion than any subordinate legal officer who may -he is not called a Solicitor-to whom those ment of this Republic. There is no part of the be employed by the Government at a salary of questions are referred and to whom a salary is Government which can be conducted now and $3,000 or $3,500. So far, therefore, as my paid I do not know how much-under thegen in times to come as it was conducted before. opinion is concerned, I am adverse to the cre. eral authority giving additional compensation, A larger machine will be required. New per ation of the office of Solicitor in any of these where it is absolutely necessary, to certain offi sons must be summoned to the work, and Departments. cers, more than the amount allowed by law; I among those who are to be summoned to the

Mr. FESSENDEN. I will ask the Senator believe he gets $2,500. Does the Senator sup work is the oflicer which the Senator from pose that all the questions of law arising there, Illinois seems so much disposed to oppose.

to compare the two propositions. The hon

orable Senator from Illinois admits, in arguwhich come up every day, can be settled at the Mr. JOHNSON. The object of this amend

ment, that the Attorney General cannot do this Attorney General's office?

ment, as I understand, is to provide a Solicitor business, he cannot give these opinions, but Mr. TRUMBULL. Of course not. for the State Department. The opinion I am

it must be done by subordinates, and he says Mr. FESSENDEN. Then you must have a | about to express I have entertained ever since the subordinate officers to be employed should Solicitor of that bureau-it is absolutely ne I have had any knowledge of the actual opera

be employed in the office of the Attorney Gencessary; or you must have a man, no matter tion of the Government. It is certainly ad eral. Where is the difference? If you have what you call him-you may call him a clerk, vantageous to the several Departments of the

got to have the ollicers and got to pay them, if you please—but an able lawyer, a man who Government, as far as the ordinary business of

why send them all to the Attorney General, can take up the questions and examine and each Department is concerned, that they should

when the questions to be settled are right in settle them; unless you mean to declare that, have soine one who would undertake whate the different Departments? You do not care in addition to all the immense business he bas might be considered rather the clerical duty, or to have the Attorney General's opinion except to do, the head of that bureau must settle all the duty that should belong to the lead of the

upon a statement of principle. these questions and examine them for himself. Department; but since these Solicitors have

Mr. JOHNSON. The honorable member This has got to be a very great concern of late been provided for, as is the case in the Treas

will permit me to say that I suppose if these years, and you cannot take questions that arise ury Department and in the War Department | Solicitors were placed in the office of the At. in the bureaus of the Departments appropriate and, I believe, in the Navy Department, the

torney General, they would be subject to his to them, and send them out of the Departments | practical result, I think, has been that the control. to be settled.

Attorney General has very seldom been con Mr. FESSENDEN. Exactly; and there. Mr. TRUMBULL. I suppose the Commissulted on any question.

fore the different Departments would lose the sioner of Internal Revenue is appointed for the Another result of the failure to consult the

control of their own business. If they have very purpose of executing the internal revenue Attorney General has been that different con

got fifty claims in the Department of State, law. Most of it is matter of detail. It is not structions have been placed upon the same

which the Secretary cannot look at, which upon every section of the law that there will laws, very much, as I think, to the injury of the be a controversy. He establishes rules and public service. I had supposed that when an

cases are to be made up and stated, which can

be donc by any good lawyer, if he can get a regulations to carry the law into effect. Occa Assistant Secretary of the Treasury was pro- || good lawyer, instead of having that work done sionally some questions of doubt in the con vided for, and an Assistant Secretary of War

in his own office, in his own time, and under struction of a statute may arise, on which it we have two or three of them-and an Assist

his own eye, he must send it to the Attorney would be very proper for him, probably, to ant Secretary of State-and I believe my friend

General for some subordinate in his office to take the opinion of the head of the Department, | from Massachusetts proposes to increase the do the same thing, who is to be paid the same the Secretary of the Treasury, and through him number, to which certainly I have no objec

amount. As I said before, the effect is to run of the Attorney General. I believe the bureaus tion—that with the aid of these Assistant Sec. || the Departments into each other and create do not apply directly to the Attorney General's || retaries the business of the offices would be infinite confusion. office. I am not quite sure what the practice | properly conducted, and that there could be The PRESIDENT pro tempore. The ques. of that is; but I suppose the application for the no occasion at all for any extra aid upon ques

tion is on the motion of the Senator from Illi. opinion comes from the head of the Depart. | tions of law other than that which is to be had

nois to strike out the second section of the bill. ment. But most of these questions are settled by a reference to the Attorney General's office.

Mr. SUMNER. I ask for the yeas and nays by the heads of the bureaus. It is not to be The honorable inember froin Illinois is right

upon that motion. presumed that there is to be a controversy about in saying that the act of 1789—and there is no

The yeas and nays were ordered ; and being every section of a statute or the execution of it. subsequent law, that I am aware of-which | taken, resulted-yeaş 18, nays 14: 'as follows: Mr. FESSENDEN. Does the Senator know creates the office of Attorney General, makes

YEAS - Messrs. Chandler, Clark, Cowan, Davis, that within the first two years of the establish it his duty to answer all questions propounded | Grimes, Hendricks, Howard, Ilowe. 'Jolinson, Kirk ment of that bureau there were legal questions by the President or by the heads of Depart wood, Morrill, Nesmith, Riddle, Spraguc, Stewart, of construction settled which were published in ments. No bureau officer, no one less than

Trumbull, Wilson, and Yates--18.

NAYS-Mesers. Buckalew, Crngin, Dixon, Tessen. a volume of about four or five hundred pages? the head of a Department, has a right to con den, Foster, Guthrie, Harris, Lane of Iodiana, Mor

gan, Norton, Pomeroy, Sumner, Willey, and Williams-17.

ABSENT-Mesers. Anthony, Brown, Conness, Creswell, Doolittle, Elimunds, Henderson, Lane of Kansas. McDougall, Nye, Poland, Ramsey, Saulsbury, Sherman, Van Winkle, Wado, and Wright-17.

So the amendment was agreed to.

Mr. SUMNER. Now I send an amendment as a new section to the Chair, to come in precisely where the one just struck out was:

And be it further enacted, That the President be, and he is hereby, authorized to appoint, by and with the advice and consent of the Senate, a second Assistant Secretary of State, in the Department of State, at an annual salary of $3,500, to coinience on the 1st day of July, 1866; and the annount necessary to pay the same is hereby appropriated.

A Senator near me says he will not go for this amendment unless I put in the name. It is perfectly well known that it is intended to give an opportunity to appoint Mr. Hunter, and the authorities, I presume, will take notice. There is no need of inserting his name; and the remark of the Senator is simply a criticism for an excuse. I hope the Senate will adopt the amendment without a division.

Mr. FESSENDEN. I ask for the yeas and nays upon it.

The yeas and nays were ordered.

Mr. CLARK. It is perfectly apparent to everybody that this attempt to appoint an Assistant Secretary is to get an increase of salary; not for the wants of the service, but to give Mr. Hunter an increase of salary. I am not in favor of any such proposition. If the wants of the service absolutely required a second Assistant Secretary of State I would be willing to vote for it.

Mr. TRUMBULL. Is the advice and consent of the Senate required to this appointment?

Mr. CLARK. The advice and consent of the Senate is required; but this office is not now proposed to be created because the Gov. ernment needs it, but simply to give an increase of salary to Mr. Hunter. It is only another evidence of how men will squirm around to get more pay:

Mr. SUMNER. The Senator says this is simply to give an increase of salary. It is to make a place for a valuable public servant. There is the simple fact. When I proposed to give an increase of salary outrighi to him as chief clerk, Senators said that that was contrary to precedent, it would be a bad precedent for the future. “Make a new office, Assistant Secretary of State, and see that he is appointed to that." Now, I have done what I could in order to bring that about, and Senators then come forward and say, "But you are creating a new office as an apology for giving a man additional salary.'' Sir, I accept the statement. It is in order to give an additional salary to a well-deserving public servant, and it is because in no other way can we give him adequate compensation.

Mr. COWAN. It is perfectly right.

Mr. SUMNER. I know it is perfectly right, and it ought to be done.

Mr. TRUMBULL. We have the avowal, then, and it is indorsed by the Senator from Pennsylvania, that it is perfectly right in this time of taxation and great debt to create an office, a place, for no other purpose in the world than to pay a salary.

Mr. SUUNER. Very well; to reward a faithful public servant.

Mr. DAVIS. I understand that a bran new principle is to be introduced into our Government; and that is, that a new place shall be created for every deserving olficer.

I am opposed to that principle.

Mr. COWAN. I think the Senator from Massachusetts has stated the question just about as well as it could be stated. Honora: ble Senator's will not vote a valuable officer that wbich they admit themselves to be a sufficient compensation for him. Why? As I understand, because he is called a clerk. The honorable Senator from Massachusetts proposes to change his name; that is the whole of it; and I think he is perfectly right in availing himself of that privilege now, in order to

achieve what I look upon as a good purpose envoys extraordinary. The objection made in the end.

yesterday by the Senator from Iowa was rather The question being taken by yeas and nays, personal in its character, that it raised the resulted-yeas 18, nays 17; as follows: salary of gentlemen to whom he had objection. YEAS-Messrs. Cowan, Cragin, Dixon, Foster,

Under this section it is a new office, and they
Grimes, Guthrie, Harris, llowe, Johnson, Nesmith, must be sent here for confirmation; it is a
Polanıl. Pomeroy, Ramsey, Spraguo, Stewart, Sum fourth class of envoys extraordinary, and it
ner, Wilson, and Yates-18.

NAYS-Messrs. Buckalcw, Chandler, Clark, Davis, fixes their salary at $7,500, the salary of a
Fessenden. Henderson, Hendricks. Howard, Kirk minister resident. I do not see any objection
wood, Morgan, Morrill, Norton, Riddle, Sherinan,
Trumbull, Willey, and Williains-17.

that can be made against it now. The objec* ABSENT - Messrs. Anthony, Brown, Connces,

tion made to the proposition yesterday and the
Creswell, Doolittle, Edmunds. Lane of Indiana, reason I voted against it was because the inev.
Line of Kansas, McDougall. Nye, Saulsbury, Van itable effect of the proposition yesterday I
Winkle, Wade, and Wright-14.
So the amendment was agreed to.

thought would be to lead to an increase of

salary to the officers appointed under it, beMr. SUMNER. I offer this amendment to cause as the law fixed their salary at $10,000, come in as a new section at the end of the bill: and as they had performed the duties of an

And be it further enacted, That the salary of any office the salary of which was fixed at $10,000,
envoy extraordinary and minister plenipotentiary | they would naturally claim it, and there was
hereafter appointed shall be the salary of a minis-
ter resident and nothing more, except when he is

no exclusion of that claim in the amendment
appointed to one of the countries where the United offered yesterday.
States are now represented by an envoy extraordi Mr. JOHNSON. I ask the chairman of the
nary and minister plenipotentiary.

committee, or my friend from Obio, whethier Mr. TRUMBULL. We acted on that once. this amendmer.t would interfere with the sala

Mr. SUMNER. I beg the Senator's par ries of the ministers who are now abroad. don; we voted on a different proposition which Mr. SUMNER. Not at all. had something of the same idea. The propo Mr. GRIMES. But I understand that un. sition which is now submitted is substantially der this proposition those persons who are now the proposition of the Senator from Ohio, (Mr. || ministers resident can be sent in to-morrow, if SHERMAN.) The Senate will see its applica the bill passes to-day, as ministers plenipotention if I call their attention for one minute to tiary, and then they will get the increased salthe consular and diplomatic act of 1836, which ary under the other schedule. undertakes to fix the salaries of envoys extra Mr. SHERMAN. Oh, no. ordinary as follows: here is what is called Mr. SUMNER. The Senator from Iowa is schedule A; there are three clauses to sahedule mistaken, first, as to sending them in. If they A:- Great Britain and France, each $17,500;" are sent in, then the Senator from lowa will the second clause is “Russia, Spain, Aus. have an opportunity of opposing their confirtria, Prussia, Brazil, Mexico, and China, each mation. Take the two gentlemen to whom $12,000;'' and then comes clause third, “all reterence has been made so often in this disother countries, each $10,000.''

cussion--the ininisters resident at Brussels and In point of fact I understand that under this at Lisbon. Suppose they are nominated tothird clause we have now envoys extraordinary morrow, each as envoy extraordinary and minand ministers plenipotentiary in Peru and ister plenipotentiary. It will then be for the Chili. The object of the section which I have Senator from Iowa to make his opposition. cffered is to declare that in all other cases The time has not yet come. Why oppose a except those on which Congress has already | general principle, which I insist is beneficent acted, and which I have now named, where an

in its application and for the good of the Reenvoy extraordinary and minister plenipoten- | public, because under that two gentlemen, or tiary shall be appointed, his salary shall no one gentleman, to whom he is opposed may longer be what it may be under this act, be sent in? Let the gentlemen be sent in, and $10,000, but 4t shall be $7,500; in short, it theu let the Senator from lowa institute his shall be reduced to the salary of a minister opposition, but not oppose a principle which resident. The proposition accomplishes, to a in itself is so essentially beneficent, certain extent, the purpose aimed at in the Mr. TRUMBULL. What is the principle? proposition which I moved yesterd:uy froin the Mr. SUMNER. The principle is that you committee; but it has a different form, and I reduce the salaries of envoys extraordinary am indebted substantially to the Senator from from $10,000 to $7,500; you create a new Ohio for that form. I ask for the yeas and class. nays.

Mr. TRUMBULL. Allow me to ask a quesThe yeas and nays were ordered.

tion right there. I understood the Senator Mr. SHERMAN. My friend from Mary from Massachusetts to say, in reply to a ques. land [Mr. JOHNSON] asks me a question which tion from the Senator from Maryland, that it I will answer to the Senate itself. He asks did not reduce anybody's salary. what is the meaning and what is the effect of Mr. SUMNER. I was right when I said it. I will state that schedule A. of the diplo that. matic and consular law, provides for three Mr. TRUMBULL. It does not reduce it, classes of envoys extraordinary and ministers and yet now you say it does reduce it. plenipotentiary: first, to France and Great Mr. SUMNER. If the Senator from NliBritain, where the salary is $17,500; second, nois would only trouble himself to understand to several countries named where the salary is the question he would not speak as he dues. $12,000; and then it provides in the third As I understood the Senator from Maryland, clause that envoys extraordinary and ministers he asked me whether this would reduce the plenipotentiary to all other countries shall have salary of any actual minister, to which I rea salary of $10,000. We have some of each plied no; and I can show that to the Senator of the three classes. The Senator from Mas if he will only attend. sachusetts wishes to give an additional title to Mr. TRUMBULL. I am listening: ministers resident without any additional pay. Mr. SUMNER. For instance, the first class To accomplish that, this amendment adds an of envoys extraordinary is to Great Britain other grade of envoys extraordinary, so that a and France; the salary is $17,500 to each coun. person who now holds the office of minister try. That is not touched. The second class resident may be nominated to the Senate and of envoys extraordinary is to “ Russia, Spain, confirmed as envoy extraordinary, and if he is Austria, Prussia, Brazil, Mexico, and China, sent to any country not specifically named, and each $12,000.'' That is not touched. Then at which we have not now an envoy extraor comes the third clause, "all other countries, dinary, he is to get but $7,500. I cannot see $10,000." Under that third clause the Gov. what objection there can be to this.

ernment has already appointed envoys extraorMr. SUMNER, It is in point of fact a dinary and ministers plenipotentiary to Peru reduction of salary.

and Chili. These two cases are saved out by Mr. SHERMAN. Certainly. The effect is the language of the proposition, and now the to make another class, class number four, of consequence is,' that in future appointments

of envoys extraordinary and ministers pleni Now, if I can have the attention of the Sen $10,000 inore than it was before the war. My potentiary to countries not ilready provided ator from lowa for one moment, I wish to put attention has been called to this appopriation for by the legislation of Congress, tlie salary to him a practical question. If he had iin and also to the appropriation immediately will be 37.500 instead of $10,000; so that in | portant business, say with the mayor of New before it, " for contingent expenses of all the point of fact we create a fourth class of envoys York, which he wished to present in the best missions abroad, $60,000. The appropriaextraordinary and ministers plenipotentiary. way possible, I have no doubt my friend would tion for contingent expenses of all the mis

Mr. CONNESS. Will the Senator answer count naturally upon his own character, and sions abroad” for the fiscal year 1800-61 was me a question?

justly; he would believe that any agent of his $20,000. It is three times as much now. I Mr. SUMNER. Certainly. I am always presenting himself to the mayor of New York do not know that the increase is not right; but happy to hear the Senator from California. would be well received; he doubtless would be | it seems to me the explanation should come

Mr. CONNESS. If it be deemed neces. well received ; but if, for instance, there were from those who treble the expenses for incisary or wise by the executive department to two persons whose services he might employ, dental expenses as they existed before the war. raise a minister resident to the rank of minis one with the rank of general and the other with It is doubled with refrence to the appropriation ter plenipotentiary, must his name be sent in the rank of colonel, each equal, perhaps, in whichthe Senator from Pennsylvania has moved to the Senate for confirmation under this prop abilities and in fitness, I have no doubt that to reduce, and it is trebled in reference to the osition?

my friend, who will not listen to me, however, other one. Unless there is some explanation Mr. SUMNER. It must be, and the Sen. while I am addressing him

showing why it is necessary to have three tiines ator from California can have the opportunity Mr. GRIMES. I am all attention.

as large a contingent foreign mission fund now of voting against any of these gentlemen.

The PRESIDENT pro tempore. Senators, as there was in 1861, and twice as large a fund Mr. GRIMES. I desire to correct the Sen- | according to the rules, must address the Chair. for contingent expenses of foreign intercourse, ator from Massachusetts in one respect. I did Mr. SÜMNER. I have no doubt my friend I shall be inclined to vote for the amendment not allude yesterday to the minister resident would select for his service the general rather of the Senator from Pennsylvania. of this Governinent at Belgium ; I did allude than the colonel. He knows enough of human Mr. SUMNER. The Senator from Illi. to the one at Lisbon, and I am prepared if ne nature to know that the general, on his arrival, nois has very frankly told us that he has no cessary to allude to him a little more exten would have a prompter reception than the facts on the question; that he knows nothing, sively to-day than I did yesterday. But my ob colonel. It is itseless to say in reply that in short, about it, and that he really knows no jection to this proposition is that it proceeds upon || behind the agent is the same personage.

I reason for the reduction proposed. How does altogether a different idea than the true Amer: assume all that, but I wish to secure to that the case stand? Here is a bill which has come, ican idea on this subject; and that is, that our same personage the best reception possible, || in the first place, froin the House of Repreconsequence abroad is to be regulated by the and the highest facilities for his representativesentatives, where it was considered after havrank which we sec fit to confer upon our min when he arrives at his destination. I wish now ing been reported by the proper committee isters. T only illustration the Senator las to secure the same thing for my country, and there. When reported there it was founded given us as to the necessity of the passage of I believe-1 do not like to bring my own per: upon estimates which I presume that comthis provision was given yesterday, when he sonal testimony into a inatter like this--but I mittee had carefully considered. I know soinesaid that a Senator had an introduction at the believe, according to such opportunities of thing of its habits of business, and I presume White Ilonse in preference to a member of the observation as I have had, now running over those estimates were carefully gone over. The House. But does the member of the House a considerable period of my life, that the in- || bill then cume to the Senate, and was referred have any the less influence when he reaches terests of the country would be promoted by to the Committee on Finance. To what extent the ear of the President, than the member of this change. I believe that business would they considered these items, which had already the Senate who preceded him a few minutes be facilitated and opportunities of influence been considered by the committee of the other in his introduction? afforded.

House, I have no means of knowing. I have Mr. CONNESS. That depends on circum I make no allusion to such topics as hare not the honor of being a member of that comstances entirely.

been playfully introduced into this discussion; mittee. I presume, however, they were, to a Mir. GRIMES. In this case it will depend || it is a matter of coinparative indifference what certain extent, considered, or at least there is entirely on the character of the man who is place a man may have at a dinner table; but a habit on the part of our committee to reco sent and the character of the country that I do wish to secure facilities in business and l ognize, to a certain extent, the labors of the stands behind him, and not on the rank or the respect for the representatives of my country kindred committee in the other House. And pay that we bestow upon him. to the largest degree possible.

now the question is whether we here, having Mr. SHERJAN. If the American minister The question being taken by yeas and, ngys, no knowledge on the subject, shall presume resident is invited to dinner and an envoy ex resulted-yeas 18, pays 16; as follows: to open this appropriation which has already traordinary and minister plenipotentiary from YEAS- Messrs. Cowan, Cragin. Dixon, Foster, passed the House on the recommendation of some little German State should be invited Guthrie, Harris, IIenderson, Johnson, Morgan, Nors also, that envoy extraordinary would take preton, Pomeroy, Sherman, Sprague, Suniner, Wade,

the committee of that body having it properly Williams, Wilson, and Yates-18.

in charge. I am free to say I have no special cedence. On account of that misfortune, I am NAYS-Meers. Buckalew, Chandler, Clark, Davis, information on the subjcct; my attention has perfectly willing to give the bigher title.

Edmunds. T'essenden, Grimes. Hendricks, Iloward,
Mr. CLARK. Would he not have the same
Howe, Kirkwood, Lene of Indiana, Ramsey, Riddle,

not been called to it. I did not imagine that Trumbull, and Willey-16.

there would be any proposal to change one of dinner?

ABSENT-Messrs. Anthony, Brown, Conness, Cres these estimates. I have made no inquiry at Mr. SHERMAN. He might have the same

well, Doolittle, Lanc of Kansas, McDougall, Morrill,
Nesmith, Nye, Poland, Saulsbury, Stewart, Van

the Department of State on the subject, nor dinner, but he would have to tag at the end of Winklo, and Wright-15.

have I received any communication. the line.

So the amendment was agreed to.

Mr. JOHNSON. Is this larger than the Mr. GRIMES. It seems that the wpshot of Mr. BUCKALEW. I move an amendment sum appropriated during the last three or four all this is that we are to make a new schedule

on page 2, line twenty-nine of section one, to and a new grade, in order to enable a certain strike out the word “eighty and insert

Mr. FESSENDEN. The same as it was set of men to sit higher at table when they are "fifty." invited to dinner than they otherwise would. Mr. JOHNSON. Does that reduce the Mr. SUMNER. I supposed it was about That is the sum and substance of the whole amount of the secret service fund? Let it be

the same. thing. It proceeds upon anything else than read.

Mr. FESSENDEN. One argument of the the idea that should stimulate citizens in a

The Secretary read the amendment, which

Senator from Massachusetts I was particularly republican Government. was to strike out "eighty” and insert •' fifty;"'

struck with ; that is that this matter had been Mr. SUMNER. I do not like to discuss so that the clause will read:

considered by the committee of the other things forever that have been discussed so

For contingent expenses of foreign intercourse,

House. Well, the committee of the House often ; I have said so much on this matter that $50,000.

considered very carefully the second section I feel ashamed to add another word; and yet, Mr. BUCKALEW. This covers the secret on a request made by the Department. The as the Senator from Iowa returns to the assault, service fund.

Department had given its reasons for that secperhaps I may return to the defense.

Mr. SUMNER. I wish the Senator would tion, stated the necessity for it, and the comI tried to show last evening that in introdu be good enough to give some reason for the mittee of the House had considered it very cing this proposition I was simply acting on change. If he has any facts to present I should carefully and put in the second section; but the practice of this Governinent in other re like to hear them.

the Senate has struck it out on the idea that spects, and upon the practice of mankiud uni Mr. BUCKALEW. Mr. President, this is by and by we can change the Department of versally, everywhere, and my friend from Ohio a time of peace, and an extraordinary appro the Attorney General. I take it for granted [Mr. WADE] reminds me that the argument | priation which was proper during the war I that the bonorable chairman of the Committee of the Senator from Iowa, a few days ago, was suppose is no longer necessary.

on the Judiciary will feel bound now to bring one of the strongest illustrations of what I | only reason for moving the amendment. in a bill in which that matter will be all arsaid. He induced the Senate to agree to ap Nr. TRUMBULL. In looking at the appro- || ranged, because that was what he predicated point a new Assistant Secretary of the Navy || priation for the fiscal year 1860–61, which was his motion upon.

We are therefore in the merely to allow the actual Assistant Secretary the last

before the


I notice that the habit sometimes of not being governed by the to go abroad because his presence could give appropriation for contingent expenses of for:

House when it advises a thing, even if it is a little more éclat to a ceriain service. That eign intercourse was $40,000. In this bill it | indorsed by a committee of this body. is his argument, and under his argument, is $80,000. The Senator from Pennsylvania, Now, sir, with reference to these two items, yielding to its pressure, we åppointed a new as I understand him, moves to strike out $80,000 it is a fact unquestionably, as stated by my functionary in the Department of the Navy. and insert $50,000, making the appropriation ll honorable friend from Illinois, that before the


last year.

That is my

war the appropriation for one of these contin Mr. GRIMES. I suppose it was made up mission of dispatches. Now, no reason is given gencies was $20,000, and for the other, $10,00). from the bill of last year.

for increasing this item to $60,000. The chair. When the war came on it was represented, Mr. FESSENDEN. Yes, the amount appro man of the committce gives no reason for inundoubtedly with truth, (I had something to priated last year was taken instead of going | creasing it from $20,000 to $60,000. I think it do with raising these items,) that necessarily || back to the year before the war.

would be safe to put it at $30,000. I admit it is in time of war the communications abroad Mr. COWAN. I suppose there is no mode doing it very much at randoin, and I would not would be very great and very frequent, and by which anybody can ascertain the disposition vote to reduce it at all if anybody could give a that there would be a great many occasions made of this fund. I suppose it is not intended reason why it should be $60,000; but it seems when money must be spent; and I took the that there should be.

to me if $20,000 answered before the war, responsibility of advising that these estimates Mr. FESSENDEN. I suppose there is no $30,000 will do now. be raised for that reason. Now, I have taken committee, except perhaps the committee of Mr. JOHNSON. The chairman of the com. a little pains to inquire what this means. The the other House on the expenditure of the mittee of course knows nothing but what he first provision is for the ordinary expenses of State Department, that could look into it. I collects from the estimates. I suppose that our missions-postages and little items of was told by Mr. Hunter--and I have no doubt when the State Department estimated $60.000 expense.

it is true-ihat the money we have appropriated as necessary to meet expenses of this descripDIr. SUMNER. Sending the dispatch-bag. || heretofore for these purposes has been expended tion, it was only because they knew that it

Mr. FESSENDEN. That is a considerable || economically and carefully under the direction would be requirod, and I think it would be expense. but much less than it used to be, be of the President. I have no doubt that what perliaps hazardous to strike it down one half cause the Department used to send special ever we appropriate now will be so expended. now without any information that the estimate agents with those bags, but now they go by Mr. TRUMBULL. I suppose we could as made by the Secretary is an extravagant one. mail. That item of expense, as Mr. Hunter certain how it is expended except the secret Mr. SUMNER. It seems to me it is a leap inforıned me this morning, is reduced instead | service money; the other contingencies are in the dark. I do not think we should take it. of being enlarged. I took pains to inquire reported.

Mr. TRUMBULL. It is incumbent on the why this large appropriation should be kept Mr. COWAN. The secret service money is Senator from Massachusetts to show why it up and I could not get any advice on that sub what I referred to.

is increased, not for us to show why it should ject at the Department of State. The Secre Mr. TRUMBULL. That is never inquired bc diminished. Let him show the necessity for tary is not there. Mr. Hunter, who commu into. That is only a part of this appropriation. the increase; it is an affirmative proposition; nicated very freely, said the money had been Mr. FESSENDEN. It would undoubtedly, and that is not shown; but then I only wish to spent very carefully and cautiously under both be laid open to a committee of Congress, if a say in regard to it, that if we reduce this item these items of appropriation. The first item committee should inquire into it, but I do not to $30,000 it will bring attention to it; the bill of $60,000 is confined to the ordinary expenses | think there is any necessity for that. The has to go back to the House of Representaof our missions abroad; I suppose arrange money is undoubtedly properly spent. What. tives, and if any information comes in showing ments about books sent out, and things of that ever complaints may be made in regard to the it to be necessary sort-I do not know what exactly. I cannot Secretary of State in other particulars, or in

Mr. FESSENDEN. I can now give my for the life of me understand why, if our mis any particular by anybody, no one, certainly, friend a little information on the subject. My sions abroad have not been increased largely, pretends that he is a dishonest man in regard clerk bas taken the pains to go back to 1851 to now that we have got back to a time of peace to money.

find out the appropriations annually. In 1851 what used to cost $20,000 should now cost Mr. JOHNSON. Does the honorable mem the appropriation for the contingent expenses $60,000. I feel bound to say that I cannot ber understand that the whole of these appro of all the missions abroad was $10,000. So it understand why it should be. priations have to be expended ?

went along: In 1854 there were two appropri. With regard to the $80,000 item, the prin Mr. FESSENDEN." I have no information ations, both amounting to $82,000; in 1856, cipal portion of it is for secret service. Dur on the subject. There has been no call for a $96,000; in 1857, $75,000; in 1858, $75,000; ing the war they were obliged to have a great || deficiency at any rate. The fact stands before in 1859, $50,000; in 1860, $50,000; and in many agents in reference to blockade-running. 11s, that in the year 1860–61, before the war, 1861, $20,000; and then it went up to $40,000, That is all at an end. They were obliged to $20,000 and $40,000 were the appropriations $50,000, and $60,000. If we put it now at employ a good many spies; they were obliged that were deemed necessary for these expenses. $60,000, it is not so high as it was in 1857 and to send messengers in different directions; and We have got through with the extraordinary 1858; but I presume there was included. prob. that made the expense large. I take it also expenses of the war, and now, in time of peace, ably, in some of these appropriations the loss that, as seems to be customary now the way the estimates that come in for this service are by exchange. For contingent expenses of for: the affairs of the world are conducted, some just the war estimates. It is for the Senate to eign intercourse the appropriation was $60,000, thing was spent to pay men for writing articles judge whether they will continue them or not. from the year 1856 down to 1860 inclusive. In on our side in foreign newspapers. Then spe. The PRESIDENT pro tempore. The ques 1861 it was reduced to $40,000, and in 1862 cial agents were sent out ; Bishop Hughes tion is on the amendment of the Senator from it was $40,000. In 1863 it was put up to went once, Thurlow Weed went once, and Pennsylvania.

$100,000; that was on my motion; and since divers other gentlemen.

The amendment was agreed to.

then it has been $80,000. Mr. JOHNSON. Counsel were sent out Mr. TRUMBULL. I think upon the same This shows that the year 1860-61 was an ex. Mr. Evarts, for example.

principle we had better reduce the $60,000 ceptional year, for what reason I do not know, Mr. FESSENDEN. Yes, counsel were sent item, which is just three times what it was in I think, therefore, that it would not be safe out to attend to some matters.

That was

1860-61; it was $20,000. I will move now to under the circumstances to go below $40,000 during the war when questions arose which reduce it one half, to $30,000. I move to in this particular clause, and perhaps we ought rendered these expenses necessary. I confess strike out" sixty" and insert “thirty'' in line not to go below $60,000 in the clause which my that I cannot understand, now that we have got twenty-seren of section one.

friend from Pennsylvania moved to reduce to back to a time of peace, why those expenses Mr. JOHNSON. Perhaps that does not $50,000. should be continued which were then repre. stand on the same footing with the other. The Several Sexators, (to Mr. TRUNBULL.) Say sented to be necessary on account of the war, other was the secret service fund, was it not? $40,000. and which undoubtedly were. True, some. Mr. TRUMBULL. This is “for the con Mr. TRUMBULL. I will modify my amend. thing may be required with reference to our tingent expenses of all the missions abroad, ment, and move to strike out "sixty" and in. troubles on the border, though those are prin- || $60,000.” * In 1860–61 the appropriation was sert" forty;'' so as to make this appropriation cipally revenue matters; with regard to our "for contingent expenses of all the missions $10,000. fishery difficulties there may be some special || abroad, $20,000.”

Mr. SUMNER. Again I say the Senator agents required, and also with regard to Mex Mr. JOHNSON. I was about to say that I leaps in the dark. He does not know why he ican affairs. But when the main matter which suppose none of the missions abroad have been reduces it to $10,000. The Senator from Maino increased the expenses so largely has been diminished. There are just as many now as has already given us estimates for preceding disposed of, I cannot see for myself why it is there were before, and that appropriation was years showing that sometimes it has gone eren necessary to continue such large appropriations necessary to meet them abroad.

above the estimates for this year. The estimate for these items. At the same time I confess Mr. CONNESS. Only during the war. before us is one that has been supplied to the that I bave been unable to get any specific Mr. JOHNSON. They are all there now. committee in the other House from the Depart. information on the subject why it should be Mr. CONNESS. They were all there during ment. They had a reason for it. We do not 80, because the Secretary himself is absent

know what the reason is. I am not inforined from the city.

Mr. JOHNSON. They have not been of it. My attention has not been directed to As to the estimates acted upon by the House diminished that I know of; and that estimate this subject. Had it been, I should have looked of Representatives, I suppose they were sub. was an estima to meet the contingent ex. into it. mitted to the Committee on Appropriations | penses of the missions which were abroad; The amendment was agreed to. there just as they were to our comunitiee here. and it would not be advisable, perhaps, to

Mr. FESSENDEN. I would suggest to the I was not present when the committee acted reduce it now.

Senator from Pennsylvania whether he had not on this bill; but I take it for granted they Mr. TRUMBULL. Twenty thousand dollars better raise the other item, which he moved to looked at these items and then at the estimates. answered before the war. The expenses were strike down, to $60,000 instead of $50,000. They saw that the estimates came in, $60,000 put up in consequence of the war and in conse Mr. BUCKALEW. I move, then, to recoaand $80,000. They did not know why, and quence of the difficulty of communicating, as I sider the vote adopting my amendment. they passed the $60,000 and the $80,000. This presume. It seems a large portion of this money The motion to reconsider was rejected; there is all the information we had.

has gone for arrangements in regard to the trans being, on a division-ayes 9, noes 18.

the war.

The bill was reported to the Senate as appropriation for increase and expense of the all. If there is nobody to nominate they can. amended. library" from $1,000 to $2,000.

not be appointed. The PRESIDENT pro tempore. The ques. The amendment was agreed to.

* Mr. TRUMBULL. Will not the practice tion is, Will the Senate concur in the amend

of appointing be continued unless we stop it? ments made as in Comunittee of the Whole ? four to increase the appropriation "for re

Why not make it certain that it cannot be done? Mr. FESSENDEN. I ask for a separate pairs of oflicers' quarters" from $1,500 to

Mr. FESSENDEN. When some have been vote on the amendment striking out section $10,000.

appointed from the free States during the war two.

The amendment was agreed to.

it would be very invidious to refuse a few apThe PRESIDENT pro tempore. The Chair

The next amendment was to insert tkese pointments on the nomination of loyal Reprewill take the question on the amendments made items after line thirty :

sentatives. as in Committee of the Whole collectively,

Mr. RAMSEY. I should like to inquire of For reflooring academic buildings and barracks, except that which the Senator from Maine has $6.000.

the chairman of the committee having this bill asked to have excepted.

For the purchase of fuc! for warming mess-hall, in charge whether there is any provision proThe amendments were concurred in. shoemakers' and tailors' shops, $2,000.

hibiting the appointment of a cadet at West For materials for quarters for subaltern oliicors, The excepted amendment was to strike out $3,000.

Point who has served in the rebel army. There the second section, as follows:

The amendment was agreed to.

is a case of that kind in the Naval Academy And be it further enacted, That the President be, and The next amendment was to strike out the

where a young man was appointed who had he is licreby, nuthorized to appoint, by and with the

served in that army. I think that at this time following provisos at the end of the bill: advice and consent of the Senate, an officer in the

probably it would be well to put in a provision Department of State to be called "Solicitor to tho Provided, That no part of the sums appropriated Department of State," at an annual salary of $3,000, by the provisions of this act shall be expended in

against such an appointment. to cominence on the 1st of July, 1866, and the amount violation of the provisions of an act entitled "An act

Mr. FESSENDEN. I do not think it is to necessary to pay the same is hereby appropriated. to prescribe an oath of oflico, and for other pur be presumed that that will be done. If it was Mr. SUMNER called for the

poses," approved July 2, 1862: And provided further,
nays, That no part of the moneys appropriated by this

done in one case by misunderstanding probaand they were ordered ; and being taken, re or any other act shalt be applied to the pay or suh

bly it will not be done again. I do not think sulted-yeas 21, nays 13 ; as follows:

sistence of any cadet from any Stato declared to be it worth while to take it for granted such a thing in rebellion against the Government of the United

will occur. I do not think there is any danger YLAS-Messrs. Chandler, Clark, Conncss, Davis, States, appointed after the 1st day of January, 1866, Edmunds. Grimes, Guthric, Hendricks, Ioward, until such State shall have been returned to its ori

of it. Ilowe, Johnson, Kirkwood. Morrill, Poland, Ram ginal relations to the Union under and by virtue of Mr. RAMSEY. What is to prevent it? soy, Riddle, Sherman, Sprague, Stewart, Trumbull, an act or joint resolution of Congress for that case Mr. FESSENDEN. I think we have some and Wade-21.

made and provided. NAYS-Messrs. Cowan, Crazin. Dixon, Fessenden. Toster. Harris, Morgan, Norton, Pomeroy, Sumner,

Mr. WILSON. I hope we shall have an

law on the subject preventing payment to any

such persons. It is a matter that I care nothVan Winkle, Williams, and Yates-13.

explanation of that amendment. ABSENT--Messrs. Anthony, Brown, Buckalcw, Creswell. Doolittls, lenderson, Lane of Indiana,

Nir. FESSENDEN. The first proviso is l ing about. The Finance Committee came to

the conclusion that it was not worth while to Lanc of Kansas, McDougall, Nesmith, Nye, Saulsentirely unnecessary:

interfere with the matter, but that it was better bury, Willey, Wilson, and Wright-15.

That no part of the sums appropriated by the pro

to let it stand as it now is. So the amendinent was concurred in.

visions of this act shall be expended in violation of
the provisions of an act entitied "An act to prescribe

Tho amendments made as in Committee of
The amendments were ordered to be en an oath of office, and for other purposes," approved the Whole were concurred in.
grossed and the bill to be read a third time.
July 2, 1862.

The amendments were ordered to be engrossed The bill was read the third time and passed.

That is the law now, and we propose to and the bill to be read a third time.

strike the proviso out, because it is a mere Mr. WILSON. Is it too late to move an

repetition of the existing law. The next pro amendment? A message from the House of Representa viso, “that no part of the moneys appropri. The PRESIDENT pro tempore. The bill is tives, by Mr. LLOYD, Chief Clerk, announced ated by this or any other act shall be applied not amendable after it has been ordered to its that the House of Representatives had passed to the pay or subsistence of any cadet from third reading. without amendment the joint resolution (S. R.

any State declared to be in rebellion against Mr. WILSON. I move a reconsideration No. 61) to extend the time for the construction the Government of the United States," &c., of the last vote for the purpose of allowing me of the Western Pacific railroad, and the bill (S. if it should stand, would prevent the Pres. to offer an amendment. No. 186) amendatory of an act to provide for ident from appointing any cadet from those Mr. SHERMAN. What is it proposed to the reports of the decisions of the Supreme States even though nominated by loyal Repre offer? Court of the United States.

sentatives. It can apply to only a very few Mr. WILSON. I wish to add a provision The message further announced that the individuals, and it was thought to be invidious House of Representatives had passed the fol

that nothing in this act shall be construed and unwise to insert such a provision. Most

to authorize or permit the appointment as a lowing bill and joint resolutions, in which it of the vacancies from the rebel States have

cadet of any person who has served in any requested the concurrence of the Senate: been filled up by the nominations of cadets

capacity in the military or naval service of A bill (H. R. No. 597) to authorize the use from the free States. I suppose there are some the so-called confederate States during the in post offices of weights of the denomination from Iowa appointed for Virginia, and some late rebellion ; but any such appointment of grammes;

from Massachusetts appointed for Mississippi. shall be held to be illegal and void. A joint resolution (H. R. No. 140) to enable There are but a few of them left; how many I Mr. FESSENDEN. There is no objection the Secretary of the Treasury to furnish to each do not know, but the number is very sinall. It to that. State one set of the standard weights and meas looked to the committee to be rather small

The PRESIDENT pro tempore. The Senures of the metric system; and

business to say, while there are more or less ator from Massachusetts moves to reconsider A joint resolution (H. R. No. 141) to author. || loyal people down there, that the President the vote by which the amendments were orize the President to appoint a special commis. should not have the power, on the nomination dered to be engrossed and the bill to be read sioner to facilitate the adoption of a uniform of a Representative who may be loyal, to fill a third time. coinage between the United States and foreign || up these places. It is throwing very small The motion was agreed to. countries.

stones at the object we propose to hit. We The message also announced that the House thought it best to reach that object directly.

Mr. WILSON. I now move to amend the of Representatives had disagreed to the amend Mr. WILSON. I have certainly no objec

bill by adding as a new section the following: ment of the Senate to the bill (H. R. No. 503) || tion to striking out the last proviso, but the

And be it further enacted, That nothing in this act

shall be construcd to authorize or permit tho apto regulate the time and fix the place for hold. || proposition to strike out the first struck me as pointment as a cadet of any person who has served ing the circuit court of the United States in rather strange.

in any capacity in the military or naval service of the district of Virginia, and for other purposes, Mr. FESSENDEN, We have struck it out

the so-calici confederate States in the late rebellion,

but any such appointment shall be held illegal and asked a conference on the disagreeing votes of in all the bills, and the Senate have agreed to void. the two Houses thereon, and had appointed Mr. || it, because it is only repeating what the law Mr. TRUMBULL. The Senator from MasWILLIAM LAWRENCE of Ohio, Mr. Francis

sachusetts will not accomplish his purpose by Tuomas of Maryland, and Mr. Jour L. Daw. Mr. WILSON. With the Senator's expla that. His amendment is that nothing in this son of Pennsylvania, managers at the same nation I am entirely satisfied.

act shall be construed to authorize this. There on its part.

The amendment was agreed to.

is nothing in this act about it. He wants to put MILITARY ACADEMY BILL.

The bill was reported to the Senate as in a provision that nobody who has served in Mr. FESSENDEN. I move that the Sen amended.

the rebel service shall be appointed a cadet, ate proceed to the consideration of the West Mr. HOWE. In reference to the amend but this amendment would simply limit apPoint Academy appropriation bill.

ment just made touching the appointment of || pointments under this act. The motion was agreed to ; and the bill (H. cadets from the southern districts the proviso Mr. WILSON. I will put it in this shape : R. No. 37) making appropriations for the sup was struck out, I understand. I wish to in And be it further enacted, That no person who has

served in any capacity in the military or naval servico port of the Military Academy for the year end- quire if there is any authority under the law

of the so-called confederate States during the late ing the 30th of June, 1867, was considered as for appointing cadets from those districts until rebellion shall hercafter receive an appointment as in Committee of the Whole.

there are Representatives here to nominate a cadet at the Military Academy. The bill had been reported from the Com- || them.

Mr. JOHNSON. I am inclined to think that mittee on Finance with amendments, the first Mr. FESSENDEN. I do not know that there were a good many young men of some of which was in line seventeen to increase the there is. If not, they will not be appointed at ll fifteen or sixteen years of age who were em.

now is.

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