Page images
PDF
EPUB

measures.

POST OFFICE WEIGIITS.

CONTESTED ELECTION.

Mr. KASSON. Mr. Speaker, I also report | Government expressed a willingness to enterMr. DAWES. I submitted a few days ago from the Committee on Coinage, Weights, and tain any proposition, but there was no authora report from the Committee of Elections, in Measures, a joint resolution to enable the Sec ity sufficiently certain to give it force and effect. the case of Follet vs. Delano. I desire to call retary of the Treasury to furnish to each State It therefore failed to produce any practical up that case to-morrow immediately after the one set of the standard weights and measures benefit. The comunittee thought that, in conmorning hour and have it disposed of without of the metric system. This resolution is neces nection with the meeting of the commissioners debate. I trust that members meanwhile will sary to carry into effect the bill which we have next year at Paris, from various foreign Gov. send for the report and read it; and I will, in just passed, and conforms to the former reso ernments, if we appointed a special commiscompensation, relieve the House from any lution of Congress providing for the distribu sioner expressly charged with this matter we debate on my part. tion of the common standards.

might at least pave the way for the result so Mr. SPALDING called for the regular order. The joint resolution was read a first and much desired. That is the whole effect of the The SPEAKER announced, as the first second time.

joint resolution. business of the morning hour, the call of com It proposes to authorize and direct the Sec Mr. LAWRENCE, of Ohio. Mr. Speaker, mittees for reports, beginning with the Com." retary of the Treasury to furnish to each State, I believe this to be totally unnecessary. I canmittee on Public Buildings and Grounds. to be delivered to the Governor thereof, one not understand why all this business cannot be COINAGE, WEIGTITS, AND MEASURES.

set of the standard weights and measures of performed by our diplomatic representatives Mi. KASSON. The Committee on a Uni

the metric system for the use of the States abroad. This special commissioner seems to form System of Coinage, Weights, and Meas. respectively.

me to be an unnecessary officer, entailing an ures have prepared a report which needs some

The joint resolution was ordered to be en unnecessary expense. I only desire to call slight revision before it is sent to the printer; grossed and read a third time; and being attention to the fact, and I hope the joint

resolution will not pass. and I therefore propose that while the report engrossed, it was accordingly read the third shall be considered as presented now, I may time and passed.

Mr. KASSON. I think the gentleman's retain it for revision, with the understanding | by which the joint resolution was passed;

Mr. KASSON moved to reconsider the vote | objection can be answered conclusively. In the

and that it may be handed to the Clerk after revis

first place the questions involved are those of ion and be printed.

also moved that the motion to reconsidér be science and art, referring to the basis of coin The SPEAKER. If there be no objection, laid on the table.

and the relations it shall bear to weights and The latter motion was agreed to

I know of but one minister of the it will be so ordered.

United States abroad at this time who would METRIC SYSTEM OF WEIGHTS AND MEASURES.

be personally competent to undertake the necesMr. KASSON, from the Committee on Coin

Mr. KASSON, from the same committee,

sary negotiations. In the second place, it will age, Weights, and Measures, reported a bill to reported a bill to authorize the use in post be impossible to take away any of our minis. anthorize the use of the metric system of offices of weights of the denomination of

ters from their respective capitals to attend weights and measures; which was read a first grammes; which was read a first and second

to this special duty in meeting these commisand second time. time.

sioners from foreign Governments. We have The bill, which was read, proposes to enact

Nr. KASSON. Mr. Speaker, this is to carry hardly ever been able to effect any special that, from and after the passage of the act, it

into effect the policy already adopted by the reform through general diplomatic officers. In shall be lawful throughout the United States Post Office Departinent in connection with its

every instance, so far as I know, the initiative to employ the weights and measures of the foreign correspondence in the use of gramme has been taken here and elsewhere by special metric system ; and no contract or dealing or weighits. The bill has been submitted to the commissioners. It is done for postal and for pleading in any court shall be deemed invalid Post Office Department and no objection has commercial conventions. or liable to objection because the weights or been taken to it.

Mr. LAWRENCE, of Ohio. Have foreign measures expressed or referred to therein are The bill was ordered to be engrossed and

nations appointed commissioners with whom the weights and measures of the inetric system.

read a third time; and being engrossed, it was our commissioner is to negotiate? The second section provides that the table accordingly read the third time and passed. Mr. KASSON. They are all appointing in the schedule annexed to the bill shall be Mr. KASSON moved to reconsider the vote | commissioners to meet at the Industrial Exhirecognized in the construction of contracts just taken ; and also moved that the motion bition of next year. and in all legal proceedings as establishing in to reconsider be laid on the table.

Mr. LAWRENCE, of Ohio. Are any of terms of the weights and measures now in use

The latter motion was agreed to.

them authorized to negotiate upon this subject? in the United States the equivalents of the

METRIC SYSTEM-AGAIN.

Mr. KASSON. If the gentleman had heard weights and measures expressed therein in

Mr. NIBLACK. I desire to ask the gentle

the resolution read he would have found that terms of the metric system; and said table man from Iowa whether the bill for a metrical

it provided for the appointment of a special may be lawfully used for computing, determining, and expressing, in customary weights

system proposes to go into effect immediately, commissioner with reference to this subject, to and measures, the weights and measures of the or designates some future day when it is to go appointed by all nations which are invited to

act in conjunction with commissioners to be into effect. metric systein. Mr. KASSON. I suppose it is not neces

Mr. KASSON. It proposes to go into effect

join for this express purpose. The whole object as a permissive measure immediately; that is

of the resolution is practical-to secure one sary to read in detail the tables giving those equivalents.

to say, all the arts, trades, corporations, and single commissioner from each country who individuals who may desire to adopt it can do

shall be specially charged with that function. The committee have deemed it wise to frame a bill which in its terios is simply permissive

so. It is not now made compulsory at any time, I certainly can see no objection to it. The resand initiative of this great reform. In England, as the committee did not feel authorized to

olution expressly provides that there shall bo make any such provision prior to its introduc

no salary paid to the commissioner, and I think though a compulsory act was at first proposed, tion by law, and tlie beginning of its use. We

it will commend itself to the judgment of every it was finally resolved to adopt a mere permisonly desired to legalize it so that those who

member that a special commissioner is indissive measure; and under the present circumdesired to use it might be able to do so without

pensable for this purpose. I call the previous stances of this country the coinmittee considered it best to frame a bill of the same nature.

violating the laws now in force in some of the question.
States, which this measure will to that extent

Mr. LAWRENCE, of Ohio. I hope the After some popular acquaintance with the sys. repeal.

gentleman will allow me a word. tem the Congress will be better able to fix the

Mr. NIBLACK. The gentleman's explana.

Mr. KASSON. I withdraw it. time for its ultimate exclusive adoption. tion is satisfactory to me.

Mr. CONKLING. I call for the reading of As the facts connected with this subject and

the joint resolution. the reasons for the measure proposed are fully

UNIFORM COINAGE COMMISSIONER.

The joint resolution was again read. stated in the report, I will not, in the present Mr. KASSON, from the same committee, Mr. LAWRENCE, of Ohio. I desire to call pressure of business, detain the House with any reported a joint resolution to authorize the the attention of the House to the fact that here additional remarks, though I will cheerfully President to appoint a special commissioner to is a proposition to appoint another commisexplain any point on which any gentleman may facilitate the adoption of a uniform coinage | sionerto ihe Paris Exhibition: We have already desire information. The committee, after very between the United States and foreign coun authorized the appointment of ten, and before patient and elaborate investigation, have agreed tries; which was read a first and second time. they get through with that Exhibition I do not unanimously on their report. If no gentleman Mr. KASSON. Mr. Speaker, I will say in know but we shall have a congress of American desires to discuss the bill I will call the pre explanation of the joint resolution that it is in citizens sent there to represent all the great vious question.

execution of the recommendations of the report interests of this country. Now, if we cannot The previous question was seconded and the of the committee, us well as of Mr. Jefferson, get along with ten commissioners I think we ma question ordered; and under the opera Mr. Adams, and the other distinguished inen had better dispense with the commission ention thereof the bill was ordered to be en who have taken part in this movement of re. tirely. This is simply an appendix to what has

form. They all recognize the necessity of inter already been commenced, and I hope we will engrossed, it was accordingly read the national action to arrive at the proper result. stop the appointment of further commissioners time and passed.

Congress a few years ago passed a joint res. to this Exhibition. Mr. KASSON moved to reconsider the vote olution that only partially carried out the Mr. KASSON. I have done my best to enby which the bill was passed ; and also moved object. A commissioner was authorized to be able my friend from Ohio [Mr. LAWRENCE) to that the motion to reconsider be laid on the appointed for the purpose of consulting with understand this resolution. I hope now I shall table.

the Government of Great Britain. He went enable him really to comprehend its purpose. The latter motion was agreed to.

there with indefinite instrnctions. The English || If he had spent weeks and months in the exam.

[ocr errors]

ination of the history of this question in this right in his suggestion of the unnecessary ex Kelley, Kelso, Kuykendall, Lafin. Latham. George country, the report of Jefferson, the recom. pense and inconvenience that attend the pre3.

V. Lawrence, Longyear, Lynch. Marvin, McClurz,

McRuer, Mercur, Miller. Morris, Myers, Venell, mendation of Madison, the action of scientific ent system. So long as every Government

Niblack, Nicholson, O'Neill. Paine, Phelps. Pike bodies at home and abroad, the action of for and principality in Europe has a local and Sawyer, Schenck, Stevens, Strouse, Taber. Thayer, eign Governments upon the subject, all of peculiar coinage, the traveler must undergo a

Francis Thoinas, Burt Van llorn, Welker, Williams,

James F. Wilson, Stephen F. Wilson, Windom, Winwliich have been considered by the committee shave at every frontier, and merchants are

field, and Woodbridge-65. that instructed me to report this resolution, he liable to perpetual mistakes in the rendition NAYS-Messrs. Ames, Baldwin, Benjamin. Bromwould then know that there is no one subject of their accounts.

well, Sidney Clarke, Cobb, Cook, Denison. Dumont,

Esgleston, Eldridge, Farnsworth, Finck, Goodycar, that can come before an international or other Mr. LAWRENCE, of Ohio. The gentle.

Aaron llarding, Abner C. Harding, John II. llub. congress that has more important relations to man does not seem to comprehend exactly the bard, Kerr, Ketcham, William Lawrence, Le Blood, the commercial and social intercourse of the point of the objection which I make to this

Marston, NicCullough, McKce, Orth, Perham, Plants,

Price, Ritter, Rollins, Scofield. Sitgreaves, Sloan, world than this one; and that it is a question resolution. I do not object so much to the Spalding, Stilwell, Trimble, Ward, and Henry D. whether inoney shavers shall actually accumu purpose sought to be attained as to the means Washburn-38. late enormous fortunes in every country of the by which it is sought to be attained.

NOT VOTING-Messrs. Allison, Anderson, James

'M. Ashley, Barker, Beaman, Bingham, Blaine, Blow, world, at the unnecessary cost of travelers and Now, we have already, so far as this House

Boyer, Broomall, Buckland. Bundy, Cbanler, Çof traders, and whether we shall be able to know is concerned, authorized the appointment of froih, Culver, Darling, Defrees, Delano, Derning, when we draw a bill on a foreign country how ten commissioners. They are to be scientific

Dixon, Dodge, Donnelly, Driggs. Eckley, Farquhar,

Ferry, Garfield, Glossbrenner, Grider, Grinnell, Hale, much we are paying for it and how much we men, the representatives of all the interests of

Harris, Hayes, Henderson, Hill, Ilogan, Blooper, get by it. I assure him and the members of

this country. Why not clothe one of those Hotchkiss, Asahel W. Hubbard, James R. Hubbell, this House that the question is one the impor representatives with the powers contemplated

James Humphrey, James M. Humpbrey; Ingersoll,

Johnson, Jones, Loan, Marshall, McIndoe, Noortance of which increases every hour with the by this resolution? Why add another com head. Morrill, Moulton, Noell, Patterson, Pomcros, increasing intercourse of the world.

missioner? That is the point I make. Now, Radford, Samuel J. Randall, William II. Randall, Secondly, I say that we have not a solitary we have been a little slow to see the absolute

Raymond, Alexander H. Rice, Johnll. Rice, Rogers,

Ross, Rousseau, Shanklin, Shellabarger, Smith, commissioner yet appointed to Paris, nor a law necessity of this systein which my friend says Starr, Taylor, John L. Thomas, Thornton, Trov. authorizing one. That measure may fail. God has been so ably presented by Jefferson and bridge, Upson, Van Aernam, Robert T. Van Horn, forbid that it should fail; but whether it fails Adams and others. We seem to have got along

Warner. Elihu B. Washburne, William B. Wash.

burn, Wentworth, Whaley, and Wright-80. or succeeds it is absolutely necessary that there very well without it. should be authority of law to designate a spe. I sliould not object that one of those ten

So the joint resolution was passed. cial commissioner who shall have what these commissioners should be clothed with all the

Mr. KASSON moved to reconsider the rote other special commissioners have not, diplo authority contemplated by this resolution, but by which the joint resolution was passed ; and matic authority to negotiate upon this subject I do object to the unnecessary expense of an

also moved that the motion to reconsider be with which he is charged. The commissioners | additional commissioner for this purpose. laid on the table. to be appointed by the bill that formerly passed Mr. KASSON. Let me add once more, so

The latter motion was agreed to. the House are to be selected among manufac as to be distinctly understood by the House,

PAY OF COMMITTEE CLERK. turers and agriculturists and all practical that there is no salary attached to this office. classes of the community ; but we want to send

Mr. KASSON. I am directed by the Com. These special commissioners to whom the gensome one who is acquainted with the general tleman has referred have no special charge of

mittee on Coinage, Weights, and dieasures to history of coinage of this country and of the this subject, and have no power whatever to

report the following resolution: world, who knows the proper proportion be- | negotiate with foreign Governments, and it is

Resolved, That the clerk of the Committee on Cointween the precious metals and alloy, who absolutely necessary that the commissioner

agc, Weights, and Measures be allowed six dollars

per diem for inc forty days during which he has been knows the systems prevailing in different coun charged with this question should have the employed as such. tries, and who can properly negotiate, and by || power to negotiate.' I demand the previous The services of the gentleman who has acted authority, with the several Governments con question.

as the clerk of the committee hare been ex. cerned. This the other commissioners are not The previous question was seconded and the

ceedingly valuable. His time night and day and ought not to have authority to do.

main question ordered. Now it becomes a question whether we shall The joint resolution was ordered to be en

has been devoted exclusively to the work of

the committee. He is a gentleman coming take the recommendation of Jefferson and || grossed and read a third time; and being from New Haven, being a learned mathematAdams and all the distinguished men who have | engrossed, it was accordingly read the third sought this great desideratum, as regards the

ical professor in the college at that place. Four time. commercial intercourse of the world, and ap Mr. KASSON demanded the previous ques

dollars per day, the usual compensation to a

committec clerk, would scarcely pay the hotel point a special commissioner without salary, tion on the passage of the joint resolution. or whether this most important object shall be

bill of this gentleman, putting out of view his The previous question was seconded and the

traveling expenses. defeated by a single objection.

main question ordered. Mr. BANKS. In reference to the sugges Mr. LAWRENCE, of Ohio. I demand the

On agreeing to the resolution, there weretion of the gentleman from Ohio, [Mr. Law

ayes 40, noes 30: no quorum voting. yeas

and nays on the passage of the joint resoRENCE,] I desire to say that the proposition pre

The SPEAKER, under the rule, ordered lution. If this joint resolution shall be voted sented by the Committee on Coinage, Wrights, down. I hope the House will understand that

tellers; and appointed Messrs. Kassox and

BERGEN. and Measures, as I understand it, is distinct the committee can be directed to move that

The House divided; and the tellers reported entirely from that embodierl in the proposition some one of the ten commissioners already for a representation of our industry at the Paris | authorized shall be clothed with all the neces

-ayes forty-seven, noes not counted.

Mr. WARD. I'demand the yeas and nays. Exposiiion. I do not desire to go into a dissary power.

I desire that gentlemen who are in favor of cussion of that qnestion at all; but in reference Mr. KASSON. Mr. Speaker, I cannot reto this measure let me say to the gentleman frain from expressing some surprise at the obsti-.

increasing salaries at this time shall go on the

record. from Ohio and to the members of the House

nacy of my friend from Ohio in a matter to that its object is to pave the way for the estab.

The yeas and nays were not ordered. which I see clearly he has not given a personal lishment of reforms that will enable every man

The resolution was agreed to. examination. Let me say again that the reawho travels in any country to carry in his own

LEAVE OF ABSENCE. sons for providing for the appointment of this pocket an exact representation of the values commissioner are that the Senate may not con Mr. EGGLESTON asked leave of absence of weights and of measures that exist in any cur in our measure providing for representa

for Mr. Hayes for ten days. civilized country. Whenever this system shall tion at the Industrial Exposition. Even if the Leave was granted. be established a man may carry in the coin he Senate should concur in that, no one of the has in his pocket an exact test of the measures,

MESSAGE FROM THE PRESIDENT. commissioners thus appointed can possibly perweights, and values that exist in other coun form the duties of this commission under that A message in writing from the President of tries through which he travels. That is ceract. The third reason is that if the effort is

the United States was delivered to the House tainly an object of great importance to the worth the enterprise of an entire century-for

by Mr. Edward Cooper, his Private Secretary, people of this country, and if this be an inquiry it is an enterprise of an entire century-I think

who also informed the House that the Presi. only, costing little or nothing, I hope the joint the great American Republic will not very much

dent had approved and signed bills and joint resolution will be passed.

injure its dignity or its honor in that direction, resolutions of the following titles: I have seen this morning very intelligent | if it should allow to the commissioner who An act (H. R. No. 511) to impose a duty on persons from England who say that in a brief

shall contribute to this great result his personal | live animals; visit to this country they have given as much time and trouble to learn the relative values | by this measure. expenses. Nothing more than that is proposed An act (H. R. No. 397) to authorize the

coinage of five cent pieces; of our fractional and other currency as to The yeas and nays were ordered.

An act (H. R. No. 567) to amend an act to study of institutions of greater importance. I The question was taken; and it was decided establish the grade of vice admiral in the Uni. suppose that every man who has traveled knows the inconveniences and the losses that

in the affirmative-yeas 65, nays 38, not voting ted States Navy;
80; as follows:

Joint resolution (H. R. No. 66) relative to result from the dilliculty in comprehending the different standards of weights and measures

YEAS-Messrs. Alley, Ancona, Delos R. Ashley,

the courts and post office of New York city; Baker, Banks, Baxter, Bergen, Bidwell, Boutwell,

and and money values in other countries. I hope Brandegee. Reader W. Clarke, Conkling, Cullom, Joint resolution (H. R. No. 133) relative to the joint resolution will pass.

Davis, Dawes, Dawson, Eliot, Griswold,

Hart, Higby, Mr. KASSON. The gentleman is perfectly ll win N. Hubbell, Hulburd, Jenckes, Julinn, Kasson, Holmes, Chestor D. Hubbard, Demas Hubbard, Ed.

the attempted assassination of the Emperor of Russia

UNIFORM BANKRUPT LAW.

giving the commissioners power to reduce these sideration than this one for the relief of men Mr. JENCKES, from the select committee

fees in certain classes of cases, so that no ex who have been borne down by various disas. on a bankrupt law, reported a bill to establish

orbitant compensation can be received by any ters which have swept over the country since a uniform system of bankruptcy throughout one of these officers.

1836. By the passage of this measure we the United States; which was read a first and

It is also required that one or more of these | relieve these unfortunates, and at the saine second time.

officers shall be appointed in each county of time provide means by which the creditors may The question was upon ordering the bill to

the United States, so that it shall be conven collect from the debtors. I do not suppose this be engrossed and read a third time.

ient for every party transacting business in this law is perfect. I do not suppose any law we can Dr. JENCKES. The bill which was re

court to have one of those officers as accessible pass will be perfect. It is, however, the basis ferred to the select comınittee on bankrupt law,

as the county clerk now is. It is also provided upon which we can erect a more perfect superon the motion of the gentleman from New

that these officers shall be appointed upon the structure, and I hope it will receive the favorYork, [Mr. Coxrling,] was the bill that was

nomination and recommendation of the Chief able consideration of the House. formerly reported by that committee, without

Justice of the Supreme Court of the United Mr. HOLMES. Mr. Speaker, it is well any of the amendments ingrafted upon it during

States. That officer is designated because he known that when this bill was before the House its consideration by this House.

is to have the supervision, confirmation, and a few weeks ago, I voted against it. I did not The bill now reported is the bill originally

establishment of the rules of practice which do so because I was opposed to a bankrupt reported as amended in the House, with some

are to form the code of practice in the courts law, but for reasons peculiar to this bill in the other amendments to meet the objections then

of bankruptcy, if this bill shall become a law. form in which it then was. My objections made to it. With the permission of the House

These, I believe, are all the respects in which were to the details, and not the principles of I will briefly explain what those additional

the bill now reported differs from the bill for the bill. These objections have been entirely amendments are, and take up no time in exmerly before the House.

removed in the bill as it now stands.

Mr. PAINE. I wish to inquire of the gen. plaining the other portions of the bill, as the

The most important objection, as I regarded bill has already been fully discussed with these

tleman from Rhode Island [Mr. JENCKES] || it, was to the unnecessary and expensive proexceptions.

whether he alludes to the bill which was last vision by which the niarshal was required to

voted on by the House as amended or to the The principal of the amendments now pro

take charge of the property of the bankrupt posed is one relating to the duties of the officers

bill formerly reported from the committee. on the presentation of the petition, and hold

Mr. JENCKES. I refer to the bill which styled messengers. By the original bill, in cases

it until an assignee was appointed, receiving of voluntary bankruptcy, these messengers were

was last voted on by the House, containing all mileage and his expenses, in addition to a rearequired to take possession of the property be

the amendments incorporated into it by a vote sonable compensation for the rustody of the

of the House. longing to the bankrupt, and retain it until the

I have been explaining the property. This, in my judgment, was anne

additional amendments reported by the comappointment of the assignee. By the bill as

cessary, and in the district in which I resido now reported, these messengers have no such

mittee. I will state to the gentleman from would have been very expensive. This feature duties to perforin with regard to the property

Wisconsin [Mr. Paine] that the bill now re of the bill has been entirely removed, and the of the petitioner. The custody of the property

ported embraces the amendment in which I property remains in the hands or custody of remains in the possession of the petitioner until | ing the homesteads in all the northwestern and

suppose he is particularly interested, protect the bankrupt until an assignee is appointed, an assignee is regularly appointed by the court,

and a provision has also been inserted that if other States where there is a homestead law. when be takes possession of it and has full and

he is guilty of fraud or negligence in the cus. final control over it. The responsibility of the

Mr. DAVIS. Mr. Speaker, I desire to say tody of it, or in failing to deliver it to the ascare and custody therefore remains with the

a few words in favor of the passage of this bill. signee when appointed, his discharge shall not bankrupt, as the owner of the property, in the

Among the powers lodged in Congress by the be granted. intervening time. As a check upon any waste Constitution of the United States is one to

The expenses necessarily incurred in taking of the property in the mean time, or of any dis

establish uniform laws on the subject of bank the benefit of the former bill were too high, I position of it adverse to the provision of the ruptcy. . I suppose it was intended that these

thought; and, as one of my colleagues truth. laws should not only be uniform but enduring. | fully suggested, it would cost a man more to law, the bankrupt is required to satisfy the court, and of course to satisfy the creditors,

Congress hitherto has failed to carry out the take the benefit of it than to pay his debts. who watch over the proceedings until the disduty enjoined on it by the Constitution in es

The fees to officers for specific services have charge is granted, that he has made no such

tablishing uniforın and permament laws on the also been reduced, and the entire costs and waste or fraudulent disposition of his property, subject of bankruptcy.

expenses of the proceedings are reduced, in before he can obtain his discharge.

Now, sir, the experience of this country ever my judgment, not less than one third. A Mr. CONKLING. We are very anxious on

since its organization is like the experience of register is provided in every county, so that

every other civilized country. There are times this side to hear what the gentleman from

parties and their attorneys will easily and readand emergencies when men require the interRhode Island [Mr. JENCKES] is saying, but at

ily be accommodated in the preliininary pro position of the Government to relieve them l ceedings, which can be taken before that offi. present we are unable to do so.

I would suga
from misfortunes where their energy and en-

In the foron in which the bill now is I gest to him, therefore, that he take a place terprise have involved them in liabilities to nearer the center of the Hall, so that we can

shall cheerfully vote for it and hope it will which they are unable to respond. hear him.

pass.

In 1842 Congress passed a bankrupt law Mr. JENCKES. I move that the bill be Mr. ELDRIDGE. Mr. Speaker, Vhope the which was for the benelit of the debtors almost | printed. gentleman from New York (Mr. CONKLING] entirely. Yet in the purview of the Constitu The motion was agreed to. will not insist upon the gentleman from Rhode tion it was the duty of Congress to pass a law Island [Mr. JExcKCS] going over to that side of for the creditors as well as for the debtors.

The SPEAKER. The morning hour has the House to make his speech. We very rarely || When that law was passed thousands and tens

expired; the bill will come up again on Tueshave an opportunity to hear what is going on of thousands of men whose energy and enter

day next in the morning hour. upon that side, or taking any part in the busiprise added to the aggregate wealth of the

SUPREME COURT DECISIOXS. ness of the House, however much we may desire country were struck down by the revulsion of it, and I trust we shall not be denied the pleas 1836 and 1837. They availed themselves of

Mr. WILSON, of Iowa, by unanimous conure of hearing the gentleman from Rhode the benefit of that law and again applied their | Judiciary, Senate bill No. 186, amendatory of

sent, reported back from the Committee on the Island (Mr. JENCKES] on this occasion.

energies to the development of the resources Mr. JENCKES. If the House were more of the nation. The country has become richer

an act to provide for the reports of decisions of quiet I could easily be heard in all parts of the from their labor.

the Supreme Court of the United States. Hall.

Unfortunately, however, that was not con

The bill was read. It allows eight months Mr. Speaker, the whole of this explanationtinuing legislation. Since then Congress has

instead of six for the publication of the reports. may be summed up in one sentence. The

The bill was read the third time and passed. done nothing either for the benefit of debtor or duties of these messengers are dispensed with creditor. Session after session bankrupt laws

Mr. WILSON, of Iowa, moved to reconsider in all cases of voluntary bankruptcy. The have been introduced and have been defeated,

the vote by which the bill was passed ; and responsibility thrown upon them by the bill as

also moved that the motion to reconsider be and in the mean time the men who have met originally reported is now thrown upon the with misfortune, against wbich they could not

laid upon the table. petitioning debtor. And unless the debtor sat

The latter motion was agreed to. struggle, have gone down under the pressure isfies the court that he has acted honestly in of liabilities. They have remained idle, as every respect in regard to his property between they can do nothing with the heavy hand of the Mr. LE BLOND asked and obtained leave the time of his application and the time of re creditors upon them.

In many States the

of absence for his colleague, Mr. Finck, for ceiving his discharge, then he is not to receive

debtors were liable to be put in prison for debt; two weeks from to-morrow. the benefit of this act.

but advancing civilization has either obliterated I. will explain another amendment made in entirely or materially modified that law. But

WESTERN PACIFIC RAILROAD. this bill. It is in regard to the payment of the while debtors may not be imprisoned for debt, Mn PRICE, from the Committee on the officers called registers. By the original bill yet the country will lose the benefit of the en Pacific Railroad, by unanimous consent, rethose officers were to be paid a salary, to be ergy and enterprise of these men because of | ported back Senate joint resolution No. 61, to raised from the fees to be paid in each case. the pressure of their liabilities. We ought at extend the time for the construction of the first By the proposed amendinent they are to be once to relieve them.

section of the Western Pacific railroad. paid according to the services they render. I believe there is no measure before Con The joint resolution was read. It extends And there is a provision inserted in the bill gress which is entitled to a more careful con the time for the construction of the first twenty

cer.

LEAVE OF ABSENCE.

ware

ance."

miles to the 1st of January, 1867, on certain and selling at wholesale any of said articles, by them poias, in quantities not exceeding half a pint of conditions named.

selves or their authorized agents, at places other than cither at one time, nor exceeding in aggregate cost

the place of manufacture, shall not therefor be re value the sum of $300 per annum. The joint resolution was read the third time

quired to pay any special tax. and passed.

Mr. BENJAMIN. I move to amend by Mr. PRICE moved to reconsider the vote by

Mr. MORRILL. I move to insert after the inserting in line twelve hundred and sixty. which the joint resolution was passed; and also

word 'only'' in line twelve hundred and thirty two after the word "alcohol" the words for

six the words "charcoal or;'' also, after the moved that the motion to reconsider be laid on

medical purposes. words “ wooden-ware'' in line twelve hundred the table.

Mr. STEVENS. There is a great deal of The latter motion was agreed to. and forty-seven to insert "charcoal.''

"the article used for mechanical purposes as The amendments were agreed to.

well as for medical purposes. CALIFORNIA LAND GRANTS,

Mr. DAVIS. I move to insert afterówooden. The amendment was disagreed to. Mr. JULIAN, from the Committee on Public the words - stone-ware.

Mr. ALLISON. I move to strike out in Lands, by unanimous consent, reported back Mr. ALLISON. I would like to know why i lines twelve hundred and fifty-eight and twelve House bill No. 441, to confirm the selection that amendment is offered.

hundred and fifty-nine the words “ anything in and location of certain lands granted to the Mr. DAVIS. I wish simply to include earthen this act to the contrary notwithstanding." State of California by the United States, and

or stone-ware, so as to give the manufacturers The amendment was agreed to. for other purposes; which was ordered to be

the same privilege that is extended to the manprinted, and recommitted to the Committee on ufacturers of wooden-ware.

The Clerk read as follows: Public Lands.

Mr. MORRILL. Stone-ware is never ped

34. Photographers shall pay ten dollars. Any perMr. ALLISON moved to reconsider the vote

son or persons who make for sale photographs, amdled; and I hope the gentleman will not press brotypes, daguerreotypes, or pictures, by the action by which the bill was recommitted; and also his amendment.

of lighi, shall be regarded a photographer under this moved to lay that motion on the table.

The amendment was disagreed to.

act. The latter motion was agreed to. Mr. PIKE. I move, on page 59, line twelve

No amendment being offered,

The Clerk read as foilows:
TAX BILL.

hundred and forty-three, to strike out the words
Mr. MORRILL moved that the rules be sus-
“distilled spirits.”

35. Tobacconists shall pay ten dollars. Any person,

firm, or corporation whose business it is to sell at pended, and that the House resolve itself into

The amendment was agreed to.

retail cigars, snuif, or tobacco, in any form, shall be the Committee of the Whole on the state of the Mr. PIKE. I move to strike out, in the

regarded as a tobacconist under this act. But whole

sale and retail dealers, and keepers of hotels, inns, Union on the special order.

next line, the words “fermented liquors or taverns, and eating houses, having paid the special The motion was agreed to. wines."

tax therefor, shall not be required to pay the tax as So the rules were suspended; and the House The amendment was agreed to.

tobacconists, anything in this act to the contrary not.

withstanding.
accordingly resolved itself into the Committee Mr. LOAN. I move to insert in line thirteen No amendment being offered,
of the Whole on the state of the Union, (Mr. hundred and thirty-six, after the word “news The Clerk read as follows:
Dawes in the chair,) and resumed the consid-

papers,
" the word - magazines.”

36. Butchers shall pay ten dollars. Every person eration of the special order, being a bill of the The amendment was agreed to.

whose business it is to sell butchers' meat at retail House (No. 513) to amend an act entitled “An

Mr. BOUTWELL. Have the words " dis

shall be regarded as a butcher under this act: Proact to provide internal revenue to support the

viidell, That no butcher having paid the special tax tilled spirits been stricken out?.

therefor shall be required to pay the tax as a retail Government, to pay interest on the public debt,

The CHAIRMAN. That amendment has dealer on account of selling other articles at tho and for other purposes,”'approved June 30,1804,

same store, stall, or premises: Proriled further. That and acts amendatory thereoí. been adopted, and no debate upon it is in

butchers who sell 'butchers' meat exclusively by order. The pending paragraph, as amended, was as

themselves or agents, and persons who sell shell-fish

Mr. BOUTWELL. I move to insert in line or other fish, or both, traveling from place to place, follows: twelve hundred and thirty-four, after the words

and not from any shop or stand, shall be required to 30. Auctioneers whose annual enles do not exceed

pay five dollars only, any existing law to ihe con$10.000 shall pay ten dollars, and if exceeding $10,000

con foot,'' the words or by public convey irary notwithstanding; and shall not be required to shall pay twenty dollars. Every person shall be

pay the tax as a peddler for retailing butchers' meat deemed in auctioneer within the meaning of this act The amendment was agreed to.

or fish. And no special tax shall be imposed for whose business it is to offer property at public salo

selling sbeil-fish or other fish from hand-earts or to the highest or best bidder: Provided, That the Mr. THAYER. I move to insert in line wheelbarrows. provisions of this paragraph shall not apply to judi

twelve hundred and forty-one, after the word Mr. MORRILL. I move to amend the first cial or cxccutive ollicers making auction sales by virtue of any judgment or decree of any court, nor pub

"sell,” the words .. distilled spirits, fermented | proviso by inserting before the words "tax as lic sale made by or for executors, administrators, or liquors, or wines.

à retail dealer” the word “special. guardians of any estate held by them as such.

Mr. GARFIELD. That is right.

The amendment was agreed to. Mr. HOTCHKISS. I move to amend the The amendment was agreed to.

Mr. MORRILL. I move to amend the last paragraph by adding these words:

Mr. BERGEN. I move to insert in line | proviso by striking out the words and shall Nor to attorneys in the ordinary prosecution of twelve hundred and thirty-seven, after the word not be required to pay the tax as a peddler for their business.

commodities,” the words or the producc of retailing butchers' meat or fish."
The CHAIRMAN. Debate is exhausted on his farm or garden; so that the clause will The amendment was agreed to.
this.
read:

The Clerk read as follows:
The question being taken on the amendment,
Any person, except persons peddling only newspa-

37. Proprietors of theaters, museums, and concert no quorum voted. pers, magazines, Bibles, or religious tracts, or the pro

halls, receiving pay as entrance money, shall pay Mr. CONKLING. I understand the chair duce of his farm or garden, who sells or offers to sell

$100. Every edifice used for the purpose of dramatic at retail, goods, wareş, or other commodities, trarman of the comioittee does not object to this

or operatic or other representations, plays, or per eling from place to place, in the street, or through amendment. I think it can be adopted with different parts of the country, shali bo regarded a

formances, not including balls rented or used occa.

sionally for concerts or theatrical representations, out a quorum. peddler under this act.

shall be regarded as a theater under this act: ProThe amendment was accordingly adopted.

Farmers and gardeners travel through the vided, That when any such edifice is under lease at The Clerk read as follows: cities and sell the produce of their farms and

the passage of tbis act, tho tax shall be paid by the 31. Manufacturers shall pay ten dollars. Any per

lessee, unless otherwise stipulated between the pargardens. As the law now stands, without

ties to said lease. son, firm, or corporation who shall manufacturo by

this amendment they would be compelled to No amendment being offered, hand or machinery any goods, wares, or merchan pay for a license. I think they ought not to The Clerk read as foilows: dise, not otherwise provided for, exceeding annually

be compelled to pay it, and I therefore offer the sum of $1,000, or shall be engaged in the manu

38. The proprietor or proprietors of circuses shall facture or preparation for sale of any articles or comthis amendment.

pay $100. Every building, tent, space, or area where pounds, or shall put up for sale in packages with his Mr. GARFIELD. hope that amendment feats of horsemanship or acrobatic sports or theatri. own name or trade inark thercon any articles or comwill not pass. If a man goes peddling his own

cal performances are exhibited, shall be regarded as poand, shall be regarded as a manufacturer under

a circus under this act: Provided, That no special this act.

produce, he ought to be considered a peddler tax paid in one State shall exempt exbibitions from No amendment being offered, and to pay a tax.

the tax in another State. And but one special tax The Clerk read as follows:

The amendment was agreed to.

shall be imposed under this act for exhibitions within

any one State. 32. Peddlers shall be classificd and rated as follows, Mr. GARFIELD. I move to insert in line

No amendment being offered, to wit: when traveling with more than two horses twelve hundred and forty-eight before the word

The Clerk read as follows: or mules, tbe first class, and shall pay fisty dollars;

“powder the word “gun;'' so as to make it when traveling with two horses or mules, the second read “gunpowder.”

39. Jugglers shall pay twenty dollars. Every perclass, and shall pay twenty-five dollars; when trav,

son who performs by sleight of hand shall be reeling with one horse or inule, the third class, and The amendment was agreed to.

garded as a juggler under this act. The proprietors shall pny fifteen dollars; when traveling on foot, the fourth class, and shall pay ten dollars. Any person,

The Clerk read as follows:

or agents of all other public exhibitions or shows for

money, not enumerated in this section, shall pay ten except persons peddling only newspapers, Bibles, or 33. Apothecaries shall pay ten dollars. Every per dollars: Provided, That a special tax in one State religious tracts, who sells or offers to sell at retail son who keeps a shop or building where medicines shall not exempt exhibitions from the tax in another goods, wares, or other commodities, traveling from are compounded or prepared according to preserip State. And but one special tax shall be inposed place to place, in the street or through different parts tions of physicians, or where medicines are sold, shall under tbis aet for exhibitions within any one State. of the country. shall be regarded a peddler under this be regarded as an apothecary under this act. But

Mr. MORRILL. I move to amend the last act: Provided. That any peddler who sells or offers wholesale and retail dealers who have paid the to sell dry goods, foreign or domestic, by one or more special tax therefor shall not be required to pay a section of this paragraph by striking out the original packages or pieces at one time, to the same tax as an apothecary, anything in this act to the word "imposed'' and inserting the word “re. person or persons, or who peddles jewelry, distilled contrary notwithstanding; nor shall apothecaries spirits, fermented liquors or wines, shall pay fifty dol who have paid the special tax be required to pay the

quired. lars: Provided further, That manufacturers and

pro-
tax as retail dealers in liquor in consequence of sell-

The amendment was agreed to.
ducers of agricultural tools and implenients, garden ing alcohol, or of selling or of dispensing, upon phy:
seeds, fruit and ornamental trees, stoves and hollow şicians' prescriptions, the wines and spirits officinal

Mr. NIBLACK. I move to amend by inware, brooms, wooden-ware, and powder, delivering in the United States and other national pharmaco- li serting after the words "sleight of band the

it.

on."

[ocr errors]

words “including spirit rappings and other or perform surgical operations for thocure of any bod $200; and where the amount assayed exceeds kindred manifestations."

ily disease or ailing, shall be deemed a physician, sur-
geon, or dentist, within the meaning of this act.

$500,000, a tax of $500 is required to be paid. Mr. THAYER. I wish to remind the gen

No amendment being offernd,

The amount of the tax is not exorbitant, and tleman from Indiana (Mr. NiBLACK] that by The Clerk read as follows:

it is imposed upon parties who can easily pay a judicial decision in the State of New York 45. Builders and contractors shall pay ten dollars.

The product itself is subject to a very that is embraced in the terms "jugglery?' and Every person whose business it is to construct build small tax. I trust that the amendment will sleight of hand.''

ings, or ships, or bridges, or canals, or railroads by not be adopted. Mr. NIBLACK. I think my amendment

contract, whose receipts from building contracts ex-
ceed $2,500 in any one year, shall be regarded as a

The amendment was not agreed to.
better be inserted here.
builder and contractor under this act.

The Clerk read as follows: Mr. THAYER. It will be mere redundancy. No amendment being offered,

47. Miners shall pay ten dollars. Every person, Mr. NIBLACK. I want to make it certain.

The Clerk read as follows:

firm, or company who shall employ others in the The amendment was not agreed to.

business of mining for coal, or for gold, silver, cop46. Assayers, assaying gold and silver, or either, of The Clerk read as follows: a value not exceeding in one year $250,000, shall pay

per, lead, iron, zinc, spelter, or other minerals, not

having paid the tax therefor, as a manufacturer, and $100, and $200 when the value exceeds $250,000 and, 40. Proprietors of bowling-alleys and billiard rooms

no other, shall be regarded as a miner under this act: does not exceed $500,000, and $500 when the value shall pay ten dollars for each alley or table. Every

Provided, That this shall not apply to any miner exceeds $500,000. Any person or persons or corpora*place or building where bowls are thrown or billiards

whose receipts from his mine shall not exceed annution whose business or occupation it is to separato played, and open to the public with or without price,

ally $1,000. gold and silver from other metals or mineral suhshall be regarded as a bowling-alley or billiard room, stances with which such gold or silver, or both, are Mr. MERCUR. I move to strike out the respectively, under this act.

alloyed, combined, or united, or to ascertain or de-
termine the quantity of gold or silver in any alloy or

words "employ others in” and insert" Mr. DAVIS. I move to amend the first

carry combination with other metals, shall be deemed an sentence of this paragraph by striking out the assayer for the purpose of this act.

Mr. Chairman, I do not know how it is in words "alley or, so that it shall read, “pro Mr. McRUER. I move to amend by insert the mines where the precious metals are proprietors of bowling-alleys and billiard rooms

ing “shall pay fifty dollars after the words cured, but in the coal inines this phraseology shall pay ten dollars for each table.?' Mr. THAYER. I would suggest that ten

* assayers, assaying gold and silver or either;" would result disastrously to the miners. “Min

and by striking out the following words: ers" is a technical term. Persons are called pins are not played on a table. (Laughter.]

Of a value not exceeding in one year $250,000, shall

miners who have no interest in the mines at Mr. DAVIS. I withdraw my amendment. pay $100, and $200 when the value exceeds $250,000 | all. A is put in with one or two laborers. He The Clerk read as follows:

and does not exceed $500,000, and $500 when tho value
exceeds $500,000.

is called a miner, though he has no interest in 41. Proprietors of gift enterprises shall pay fifty dollars. Every person, firm, or corporation who shall

So that the clause will read:

the sale of the coal. It may be thought the

proviso to the bill would exempt him from sell or offer for sale any article of nierchandise of any Assayers, assaying gold and silver, or either, shall description whatsoever, or any ticket of admission to pay fifty dollars,

the effect of this tax, but on looking it will be any exhibition or performance, with a promiso, express or implied, to give or bestow, or in any manner

I see no reason, Mr. Chairman, why the large

seen it does not apply to any person who is a

miner. to hold out to the public the promise of gift or be tax proposed in this paragraph should be imstowal of any article or thing for and in consideration | posed upon this branch of manufacturing in

Mr. STEVENS. I am opposed to this or of the purchase by any person of any other article or thing, shall be regarded as a proprietor of a gift endustry called assaying. This business is fre

any other amendment of the paragraph. I terprise under this act: Provided, That no such proquently carried on by persons of very small

think the paragraph ought to be stricken out. prietor, in consequence of being thus taxed, shall be capital. It is here provided that where more

I think there ought to be no notice taken of exempt from paying any other tax imposed by law, and the special tax herein required shall be in addi

than $500,000 is assayed, a tax of $500 shall miners, and I therefore move to strike out the tion thereto. be paid. I see no reason why this branch of

whole paragraph. Mr. SCHENCK. I move to amend the first industry should be taxed at this exorbitant

The CHAIRMAN. That motion is not now sentence of this paragraph by striking out the rate.

in order. words “pay fifty dollars” and inserting “be

which manufacturers are taxed ten dollars-no put in the penitentiary.” more; and I do not know why a scientific man

for the present, so that my colleague may make The amendment was not agreed to. engaged in assaying or refining gold or silver

his motion to strike out. should this heavy tax. I believe that this

Mr. STEVENS. I move to strike out the Mr. LAWRENCE,of Ohio. I move to amend

pay
bill provides for no other tax analogous to this.

whole paragraph. by striking out “fifty dollars” and inserting I hope that my amendment may be adopted, Mr. Chairman, I do not know how many

one hundred and fifty dollars' in the first and that the tax will be reduced to the sum of this would embrace. Every man who mined line of the paragraph.

fifty dollars, without any regard to the amount limestone for his farm, every man who mined The amendment was agreed to. of gold and silver assayed.

a little coal for his furnace, all these men, and Mr. WILSON, of Iowa. I move to amend Mr. MORRILL. In reply to the gentleman || ten thousand others like them, would be emby inserting the words " real estate or” after from California [Mr. McRuER] I will say that braced. It would be a most vexatious thing the words “ the promise of gift or bestowal of in addition to the license or special tax which to embrace so many persons. As these things

is paid by manufacturers, they are required to are all taxed when manufactured, I hope there The amendment was agreed to.

pay a tax on their products. This tax paid by will be no objection to striking the paragraph Mr. HOOPER, of Massachusetts. I move

assayers is about all the tax that we get on these out. to amend striking out the words to the products, gold and silver. In addition to the Mr. MOI ILL. I hope the motion of the public” before the words “the promise of gift

tax in this form we get only a fraction of one gentleman from Pennsylvania will not prevail. or bestowal,'' &c.

I am not sure that the amendment of his colThe amendment was agreed to.

Mr. McRUER. I beg leave to say in reply | league may not be a proper one. The Clerk read as follows:

to the gentleman, that all this gold and silver This matter has been debated in this House is liable to a tax of one half of one per cent.

heretofore. When adopted and incorporated 42. Owners of stallions and jacks shall pay ten dollars. Every person who keeps a male horse or a jack upon its total value, whenever it is assayed, || into the present law it was fully and carefully for the use of mares, requiring or receiving pay therewhich tax must be collected by the assayer and

considered, and it was acceptable to the House for, shall be regarded as the owner thereof, and shall paid over to the Government. The same prin

on all sides. furnish a statement to the assessor or assistant assessor, which shall contain a brief description of the

ciple does not apply to anything else which is It will be noticed that it does not apply to animal, its age, and place or places where used or to really a raw product of industry. I do not any persons except those who employ others in be used : Provided, That all accounts, notes, or de object to this small tax of one half of one per mining. It is also restricted to those whose mands for the use of any such horse or jack, the owner or kecper thereof not having paid the tax as afore

cent., because it is not a great burden; but I receipts shall exceed $1,000. If any go beyond said, shall be void.

object to the principle, because it is not applied | that they ought to be taxed. Mr. EGGLESTON. I move to amend the to any other product of industry. The man

Mr. MOORHEAD. The gentleman says it first sentence in this paragraph by striking out

who delves from the earth by the sweat of his only taxes those whose receipts shall be $1,000. “ten dollars'' and inserting * five dollars."

brow and the force of his muscle gold or silver The receipts of these men are not from the The amendment was not agreed to.

to the value of $1,000 should not be taxed for mines but from labor, and the proposition The Clerk read as follows:

that any more than the man who produces | really is to tax labor.

$1,000 worth of some industrial product. Still Mr. MORRILL. I will obviate that objec43. Lawyers shall pay ten dollars. Every person who for see or reward shall prosecute or defend causes

do not propose a change in the law in this tion by moving to strike out “ his mine' and in any court of record or other judicial tribunal of respect. But, sir, I see no reason why an insert" mining." the United States or of any of the States, or give legal assayer, if he does a certain amount of busi Mr. BIDWELL. I move to strike out "gold, advice in relation to any cause or matter whatever, shall be deemed to be a lawyer within the meaning

ness, should pay a tax of $500 a year, while a silver, and copper."! of this act.

manufacturer doing business to the extent of Mr. Chairman, I hope an interest so imporMr. EGGLESTON. I move to amend by

millions, pays only ten dollars. This tax on tant will not be stricken down without giving striking out in line thirteen hundred and fifty

assayers must operate as a serious burden upon the members who represent it, and those who four the word "ten,” and inserting in lieu

a class of men employed in a legitimate branch are most deeply concerned, full opportunity to thereof the word “fifteen ;'' so that the clause

of scientific pursuits. I trust that my amend be heard. The business of mining for precious will read: "Lawyers shall pay fifteen dollars." ment will be adopted.

metals in this country is but imperfectly underThe amendment was not agreed to.

Mr. MORRILL. This tax, it will be seen, stood. There appears to me to be an anxiety The Clerk read as follows:

is, comparatively speaking, very small. Where to place a tax on this interest which, in my

the party assays $250,000 annually, he pays judgment, is improper and onerous, and which 44. Physicians, surgeons, and dentists shall pay ten dollars. Every person (except apothecaries) whose

$100; where the amount is more than $250, can only lead to defeating the purpose which business it is, for fee and reward, to prescribe remedies 000, and not more than $500,000, the tax is it is intended to accomplish.

39TH CONG. 1or SF88.-No. 167..

any," &c.

per cent.

« PreviousContinue »