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to-morrow to present to the Senate what I think Mr. HENDERSON. The Senator seemed for me to do more than call attention to his are the objections to this measare. I took the bill to be very earnest anyhow, if not excited ; de

The country remembers how gallantly home with me yesterday evening and intended | cidedly so. I was requested by some members he stood by his ship until all her passengers to examine it with some care. I succeeded in from my State in the lower House, particularly were sent off, and how he went down with her. reading it once, but was so much interrupted | by Mr. Van Horn, from the Kansas City dis His widow, a most estimable and excellent lady, that I was unable to finish it. I also addressed trict, who feels very considerable interest in who has never ceased to feel the pride that a a note to the Commissioner of the General i this matter, to urge the bill through the Sen true woman should in her husband, asks the Land Office requesting a map of the surveys ate. I did not expect to excite even earnest privilege of the Government of the United States of the State of Kansas, with the different rail ness in the opposition of any gentleman, be to extend to her the copyright of he book roads for which grants of land have been made cause, though, as I have already stated, I know | spoken of in the bill, the report of Leutenant designated thereon, to be sent to me. I have but little about these grants, I am satisfied Herndon's explorations in the valley of the not received that.

from the statements made to me that the bill | Amazon, published by the Government and I desire now to say to the Senator from Mis is in the usual form. I have never introduced now out of print, her purpose being to make souri that he is mistaken in supposing that this a bill into this body for the incorporation of a additions, biographical and otherwise of her bill is in the language usually employed in bills railroad company or asking for a grant of lands husband, and cause its republication. I bold granting lands to the States. I think it is not; for railroad purposes; and although a western in my hand a letter which I have received from at least that was my impression when I read | mau, I have doubted very much the propriety. her stating her case, but I suppose the Senate the bill yesterday evening; but I do not wish of squandering the public lands as I have seen will not ask me to have it read. to discuss it now. I think when the Senate it done. But in all kindness I must submit to Mr. GRIMES. Where is she? come to consider it they will find it to be a the Senator from Indiana, who is a member of Mr. CONNESS. She is at New York at measurengt meeting with their approval. There the Committee on Public Lands, that I have the present time. I will not occupy the time are three bills in regard to grants of lands to never known of his opposition to any railroad of the Senate by reading the letter, and as it the State of Kansas now pending, and I think grant until the present occasion. This is the is a private letter perhaps it would not be it is about time the Senate should pay a little first one I have ever heard him oppose.

proper to do so. I will say, however, that she attention to the grants of public lands to rail Mr. HENDRICKS. Then I have been states intelligibly and well her purpose and roads, and I propose when these bills come up, unable to attract the attention of the Senator what she desires. The matter has been ex. if I have the power, to attract some little at from Missouri. I know that two grants were

amined in both Houses by the proper comtention of the Senate to the question. The proposed to be made recently to the State of mittees. lands are going by millions of acres to corpo California and one to the State of Nevada, Mr. CLARK. I desire to inquire of the Sen. rations, and I propose now, before three addi which I opposed as earnestly as I could in this ator whether he has examined to see if anybody tional grants are made for roads running par body, because they were not according to the else has any claim on any portion of the book, allel within a few miles of each other to a State system which we had agreed upon.

There was

as, for example, the plates, if there be any. which has received such enormous grants as a pretty close vote upon them, but the bills Mr. CONNESS. There is none whatever. the State of Kansas has, to invoke the atten: were passed.

The committee's examination, I believe, has tion of the Senate.

Mr. HENDERSON. I must have been been entirely complete in that respect. The Mr. POMEROY. There are two observa absent at the time the Senator from Indiana | book has been for many years out of print; I tions which I desire to submit in reply to the speaks of, for I have known of no opposition remember it very well; I read it with a great Senator from Indiana. The first is that there of his to such grants. Indeed, I thought that deal of care when it was published; it is a most are no grants proposed for three roads run

he had been rather profligate, if I may use that | interesting volume, and is now called for, as ning parallel with each other. Second; there expression, in regard to grants of public lands;

this lady states, from the book-sellers. are not ten thousand acres of land in the whole that he had been rather free in voting such

Mr. ČLARK. I have no objection to the grant to this road in my State, and I believe grants where I thought they ought not to have bill if nobody else has any claim. not five thousand. I will leave that point, been given. I say so without intending to

Mr. CONNESS. I will not occupy the however, to the report of the Commissioner

reflect at all upon the Senator. Believing || attention of the Senate longer. of the General Land Office when it is received. that to have been his course, I was a little The bill was reported to the Senate, ordered There are other interests of which I will speak | surprised at his earnestness in opposition to

to a third reading, read the third time, and when the bill does come up, that perhaps ex this bill. However, as he wants time to passed. plain the reason why the Senator from Indiana examine the bill, and as I never wish to press

ROCK ISLAND ARSENAL. objects to the bill.

a measure that Senators desire time to examMr. HENDRICKS. Perhaps I am not ine, I will let it stand over for the present.

Mr. WILSON. I move to take up Senate exactly accurate in saying that the three roads Mr. HENDRICKS. I desire to say just one

bill No. 330, which I reported yesterday mornrun parallel with each other. One road runs word in reply to the Senator from Missouri.

ing. from Kansas City in a southern direction par I do not think I have sought, in advocating

The motion was agreed to; and the bill (S. allel with a road to which we made a grant of any of these grants, to squander any of the

No. 330) making further provision for the lands two years ago. Another runs from Fort public lands. I have been a friend to such

establishment of an armory and arsenal of con: Riley down toward Fort Smith, across one of measures as I thought of importance, where

struction, deposit, and repair on Rock Island, the roads to which we made a grant two years the Government in a particular locality had

the State of Illinois, was read the second ago-not exactly parallel, but they are in the not done what I thought was its proportion in

time and considered as in Committee of the . same neighborhood, lapping one upon the

Whole. the development of the country. But I am other. not in favor of giving lands away simply because

It proposes to direct the Secretary of War to Mr. POMEROY. The road of which the

I want to see the right of it before it

fix and establish the position of the Chicago Senator speaks from Lawrence has already a is done.

and Rock Island railroad on the island of Rock grant of public lands.

The PRESIDENT pro tempore. The Chair || Island, so as to best accord with the purposes Mr. HENDRICKS. So I say. understands the Senator from Missouri to with

of the Government in its occupancy of that Mr. POMEROY. And the road from Fort || draw his motion.

island .for military purposes; and in order to Riley has already a grant of lands.

Mr. HENDERSON. Yes, sir.

effect this he is authorized to grant to the rail. Mr. HENDRICKS. I say so.

road company a permanent location and right

MRS. W. L. HERNDON. Mr. POMEROY. No additional grant is

of way on and across Rock Island, to be fixed asked for those roads. Then there are no Mr. CONNESS. I move to take up House and designated by him, with such quantity of three roads before Congress asking for grants

bill No. 193. It is a small bill for the relief land, to be occupied and held by the company of land.

of Mrs. Herndon, which was once laid over on for railroad purposes, as may be necessary Mr. HENDRICKS. That question will be an objection; but I believe there is now no therefor; and the grant is to be made on such pretty fully discussed, I apprehend, when we objection to it. I move to take it up.

terms and conditions, previously arranged, 18 take up the bill. I think it is a grant of pub

The motion was agreed to; and the Senate, will best effect and secure the purposes of the lic lands; I do not agree with the Senator in as in Committee of the Whole, resumed the Government in occupying the island. that. If it is not, the bills ought not to have consideration of the bill (H. R. No. 193) for Secretary of Waris to grant to the Chicago and been before the Committee on Public Lands. the relief of Mrs. William L. Herndon. It is | Rock Island Railroad Company such other aid, I know just where the one grant stops and a direction to the Secretary of the Interior to pecuniary or otherwise, toward effecting the where the other commences.

But I am not cause a copyright to issue securing to Mrs. Wil. change in the present location of their road on prepared to discuss the question, and I do not liam L. Herndon, to her heirs, assigns, and legal | Rock Island as may be adjudged to be fair and intend to go into it.

representatives, the exclusive right to republish equitable by the board of commissioners anthorMr. WILSON. Does the Senator from Mis. the book entitled Exploration of the Valley | ized under the act of April 19, 1864, entitled souri withdraw his motion?

of the Amazon, heretofore published under "An act in addition to an act for the establishMr. HENDERSON. Yes, sir; I withdraw order of Congress, and to publish the same for ment of certain arsenals," and may be approved it for the time bei:g, with the single remark the term of fourteen years from the passage of || by him. that I know but little about these grants, as I the act.

The bill also proposes to extend the provissaid before, and I anı sorry that the Senator Mr. CONNESS. Mrs. Herndon is the widow ions of the act of April 19, 1864, so as to include from Indiana ghould have suffered himself to of Lieutenant Herndon, of the United States the small islands contiguous to Rock Island, get excited on a subject of this sort.

Navy, who was in command of the steamship and known as Benham's, Wilson's, and WinMr. HENDRICKS. No excitement in the Central America, which was lost in the Atlan- | nebago Islands; and to appropriate $293,600 world.

tic ocean a few years since. It is unnecessary to liquidate claims for property in Benhamos,

we can.


Wilson's, and Winnebago Islands, and for already conveyed under authority of an act of tary of War shall not agree with any private owner property in Rock Island which has been taken, Congress to the party that went there and made

or owners of land so taken for the use of the United

States for military purposes, or if any such owner or in pursuance of law, for military purposes, a claim some twenty-five years ago? I only owners shall refuse to accept the sum to be paid to or so much thereof, and no more, as may be seek information in regard to it. I know that him or them by the Secretary of the Treasury as and

for tho true value thercof, or shall from any other necessary to pay the respective claimants such it is important that these appropriations should

cause neglect or fail for the space of twelve months amounts as inay be reported by the board of be made. That is the place of all others on after such taking to execute and deliver the deed or commissioners authorized by the act of April the continent where there should be an arsenal, deeds thereof needful, in the opinion of the Attor19, 1864, and ordered by the United States and a large one.. Such has been the convic

ney General of the United States, to convey to tho

United States the title of said lands taken, there circuit court to be paid to each ; and also to tion of all the military officers who have exam shall forth with be selected three competent persons, appropriate $100,000 to secure water-power at ined the subject for the last thirty years; but

who shall be pamed and appointed by the President,

and shall by him bo constituted a board of commisthe head of Rock Island, and $100,000 to erect I should like to know exactly what is proposed.

şioners, whosc duty it shall be to hear the parties storehouses for the preservation of arms and Mr. TRUMBULL. I do not know that I interested, who may appear before them upon reasonother munitions of war, and to establish com can give the Senator from Iowa the precise able notice of time and place, ind ascertain the true

value of the land taken. munication between Rock Island arsenal and information that he desires, though I saw Genthe cities of Davenport, Iowa, and Rock Island, eral Rodman, who is in command at Rock These commissioners are to assess the value Illinois. Island, when he was here, and he showed me

of this land. The bill was reported to the Senate, and the maps and explained to me the necessity, as

Mr. GRIMES. Exactly, on Rock Island. ordered to be engrossed for a third reading. they supposed, for having these islands. I do Mr. TRUMBULL. By this bill on all these

Mr. GRIMES. I rise to inquire of the not suppose the price is fixed. The act which islands. chairman of the Committee on Military Affairs I have before me of 1864 authorized the con

Mr. GRIMES. Where is that authority conhow much of the money appropriated under demnation of property and prescribed the means

ferred upon them by this bill? the first clause of the fourth section is to be of condemning it. A portion of Rock Island

Mr. TRUMBULL. I understood it to do so. expended in purchasing Benham's, Wilson's, belongs to private individuals, and some of that

Mr.WILSON. This bill gives the authority. and Winnebago Islands, and how much is to property has been condemned, I think, and

Mr. GRIMES. No, it does not. be expended in the payment of claims to that probably these islands have not been con

Mr. TRUMBULL. This bill authorizes it. portion of Rock Island that has been pur: demned. The bill under consideration here The Senator will find it in the fourth section: chased of other individuals.

provides for paying the claimants such amounts To liquidate claims for property in Benham's, Mr. WILSON. I do not know that I can

Wilson's, and Winnebago Islands, and for property as may be reported by the board of commis

in Rock Island which has been taken, in pursuanco answer the Senator precisely in regard to the sioners authorized by the act of April 19, 1864. of law, for military purposes, $293,600, or so much amount necessary to purchase these three small That act provides for the appointment of com

thereof, and no more, as may be necessary to pay the islands. But the Ordnance department very missioners by the court, I think. I have not

respective claimants such amounts as may be reported

by the board of commissioners authorized by the act strongly recommend the purchase of these isl had time to read it to-day, but I recollect the of April 19, 1864, and ordered by the United States ands, especially the upper one.

I think that act provided for the appointment of commis circuit court to be paid to each. but a very small portion of the $293,000 ap sioners by the United States court to condemn Mr. GRIMES. This bill does not revive that propriated in the bill is for the purpose of the lands.

act at all. paying for the land.

We had a map furnished Mr. GRIMES. The information I want is Mr. TRUMBULL. Perhaps the bill is deus by the Ordnance department, showing the where is the necessity for the purchase of these fective. I have not examined it very careposition of all these islands; and General three islands, what are called islands here, and fully. Dyer, the head of that department, in a letter how much it is proposed to pay for them. Mr. JOHNSON. Let me ask the Senator sets forth the necessity for their possession by There must be some information furnished by || what is the date of the aet to which he referred the Government. I do not know that an esti the War Department.

just now. mate has been made of the precise amount that

Mr. TRUMBULL. The last inquiry I can Mr. TRUMBULL: April 19, 1864. these small islands will cost. They are very answer. It is proposed to pay for them what Mr. JOHNSON. Then that is the end of it. small islands, one of them only a couple of ever the commissioners appointed by the court Mr. TRUMBULL. I think the bill probaacres, one seven acres, and the other but a

bly mere dot in the river. I do not think they will the bill. What that may be I cannot say, and Mr. WILSON. If the Senator will allow cost a great deal. The department say that it I do not suppose anybody knows; probably me, the third section of the bill provides is for the interest of the arsenal there to have persons acquainted there could tell something

That the provisions of the act, approved April these three small islands.

about it. It is here provided that we shall 19, 1864, entitled "An act in addition to an act for the Mr. GRIMES. This clause provides for an pay whatever amount shall be found by the

establishment of certain arsenals," be so extended appropriation of $293,600, or so much thereof commission authorized by the act of April 19,

as to include the small islands contiguous to Rock

Island, and known as Benham's, Wilson's, and Winas may be necessary, to purchase Benham's, 1864, to assess the damages for taking private nobago Islands. Wilson's, and Winnebago Islands, and to pay property on Rock Island, Illinois, for a military Mr. TRUMBULL. It will be seen that by for the property on Rock Island, which has arsenal. That fixes that.

that section the provisions of the act of April been taken in pursuance of law for military Mr. GRIMES. That does not extend to 19, 1864, are extended so as to embrace these purposes. I am somewhat familiar with that these other islands.

three islands, and then the amount to be paid island and the country around there. Rock Mr. TRUMBULL. This bill provides that is the amount that is assessed by these comIsland has always been reserved by the Gov they are to be paid such amount as may be missioners. I do not suppose anybody can ernment for military purposes.

When all the reported by the board of commissioners au know what the amount will be until the assekasurrounding country both in Iowa and Illinois thorized by the act of April 19, 1864. This ment is made. was sold that was reserved except two tracts, board is appointed according to that act. The wish to say, in reply to the other question one on the west side of it next to the Iowa act of 1864 authorized the Secretary of War asked by the Senator from Iowa, that in a conchannel, which by act of Congress was granted "To take and hold full, complete, and permanent

versation which I had with General Rodman to a gentleman who formerly lived there by possession in behalf of the United States, of all the he explained what he supposed to be the necesthe name of Davenport, embracing, I think,

lands and shores of the island of Rock Island, in the about one hundred and forty acres, and a piece State of Illinois, thesame,when so possessed, to be held

sity of having these islands, and my recollecand kept as a military reservation by the War De tion of it is that they desire to have these i:lof land that was granted to a party who built a partment, upon which shall be built and maintained ands in connection with the water power which dam at the upper end of the island.

an arsenal for the construction, deposit, and repair || they want to use in some way, and they think

of arms and munitions of war, and such other miliIt is desirable that the Government should

tary establishments as have been or may be author it necessary io have control over them. I do secure that land which we have already granted ized by law to be placed thereon in connection with not suppose they are very valuable. The War away, and I understand that it has been apsuch arsenal."

Department deem it necessary in their arrangepraised at a very large price; I do not know That act further provided :

ments to have these islands; perhaps the Sen. how much; probably, though, we shall be "That if it shall appear upon examination by the ator from Massachusetts can explain why; but compelled to take it at that appraisement.

Attorney General of the United States of the titles
of the land on Rock Island taken and occupied by

as to the price, that will depend upon the assessWhat I want to know is, how much of this the Secretary of War for an arsenal and other mili

ment. money is to be expended for the purchase of tary purposes, as provided in the foregoing section, Mr. WILSON. I have here a letter of Genproperty on Rock Island proper, and how much that any part or parcels thereof are now the property eral Dyer to the Secretary of War in regard to of it is to be used in purchasing these small of, and are rightfully possessed by, any individual or

this whole matter. corporation as his or their own private property, the

General Dyer says, in his islands. Wilson's Island I know something value of such private property so taken, and a just letter: about, and I cannot conceive of what earthly compensation for any damages caused by such tak

"The act of April 19, 1864, before referred to, gives use it can be to the Government. It has been

ing, shall, if mutually agreed on by the Secretary of
War and the rightful owner or owners thereof, and

authority to the Secretary of War to take and hold made since I have known that country; it has

full, complete, and permanent possession, in behalf approved by the President, be paid by the Secretary been made within thirty years by accretion, and of the Treasury to said rightful owner or owners so

of the United States, of all the lands and shores of

the island of Rock Island, in the State of Illinois; upon it have grown up some cotton-tree sap

agreeing, out of the appropriations made or to be
made for the construction of said arsenal: Provideid,

and the only additional legislation that will be neces

sary to effect the same in regard to the small contiglings as large as a man's leg and I think not That before such payment shall be made, the said

uoua islands, known as Benham's, Wilson's, and Winmuch larger. owner or owners of such private lands so taken, or

nebago Islands, will beto extend the provisions of that The second item says: such of them as shall agree, chall by good and suffi

act so as to include them. Their ownership and occucient deed ordeeds, induc form of law, and approved To secure water power at the head of Rock Island,

pancy by the United States are necessary for carrying by the Attorney General of the United States, fully out tho military purposes of the act, in addition to $100,000.

release and convey to the United States all their and Is that for the building of a dam or is it to each of their several and respective rights in and

the ownership and occupancy of the lands and shores

of Rock Island already provided for." titles to such lands so taken. secure the title to the land which we have

"Sec. 3. And bc it further enacted, That if the Secre He does not state why it is necessary, but that

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is the statement of this officer. We sent to the prepaid letters shall be forwarded, at the re Mr. VAN WINKLE. I move to amend the War Office for a map. The committee at first quest of the party addressed, from one post amendment by inserting July." was rather opposed to purchasing these islands. Office to another without additional postage The amendment to the amendment was Wilson's Island contains an area of seven and charge; and returned dead letters are to be

agreed to. six tenths acres, Winnebago about one acre, and restored to the writers thereof free of charge. The amendment, as amended, was adopted. Benham's Island two acres. They desire to con The second section repeals the tenth section

The next amendment was in section one, nect the main island of eight hundred acres with of the act entitled "An act to establish salaries

line four, after the word "prepaid'' to insert the upperisland by a dam for water power. These for postmasters, and for other purposes,

the words and free;" so that the section will small islands can cost but a very small amount approved July 1, 1864; and so much of the

read: at any rate. Rock Island consists of eight twenty-eighth section of the act entitled "An

That from and after the 1st day of July, 1866, prehundred acres, and the sum claimed is $293,600. act to ameud the laws relating to the Post paid and free letters shall be forwarded, &c. General Dyer says that sum is unquestionably | Office Department,'' approved March 3, 1863,

The amendment was agreed to. too largo, and the commissioners will doubtless as requires postage to be charged at the precut it down; but he desires to secure these three paid rate, to be collected on the return deliv.

The next amendment was in section siz, lino small islands, and says it is necessary to do so ery of letters, indorsed with a request for

their eight, after the word “aforesaid" to strike out for Government purposes. On the map sent return to the writers; and all letters bearing the words “either by pouring into euch boxes to us from the War Department the dam con such indorsement are hereafter to be returned

oil, water, or other fiuid, or by any other nects the upper island-I have forgotten which to the writers thereof without additional postone it is—with the main island in order to age charge.

The amendment was agreed to. secure water power. I suppose the object is The third section of the bill proposes to

The next amendment was in section six, line to connect the two islands by a dam for the amend the third section of the act entitled "An eleven, after the word "not" to strike out the purpose of securing water. An appropriation act to establish a postal money-order system,'

words "less than one hundred nor;" and in is here made of $100,000 for the purposes of || approved May 17, 1864, so as to authorize the the same line to strike out the words “one water power. The cost is not set down here | issuing of a money order for any sum not to

thousand'' and insert "five hundred," and in precisely, nor the reasons why they need it; exceed fifty dollars, and the charge or fee for the twelfth line to strike out the words "less but General Dyer states that it is necessary for an order for a sum not exceeding twenty dollars || than one year nor;'' so that the clause will Government purposes, and General Rodman, || is to be ten cents; foran order exceeding twenty read: who was here one or two days ago, makes the dollars twenty-five cents.

Every such offender being thereof duly convicted same statement.

The fourth section provides that a money

shiril, for every such offense, be fined not more than Mr. KIRKWOOD. With reference to the order shall be valid and payable when presented | the discretion of the court.

$500, or be inuprisoned pot more than three years, at upper island, it is evident, I think, that it is to the deputy postmaster on whom it is drawn

The amendment was agreed to. necessary for the use of the establishment at

within one year after its date, but for no longer Rock Island. There is, as the Senator from period; and in case of the loss of a money

Mr. RAMSEY. At the instance of the Massachusetts has stated, a dam for connect order a duplicate thereof is to be issued with Committee on Post Offices and Post Roads, I ing it with the larger island making good water out charge, on the application of the remitter offer another amendment, to come in as an power. It is now in use for a saw-mill, and or payee, who shall make the required proofs;

independent section: may be used hereafter for Army purposes. and postmasters at all money-order offices are And be it further enacted, That whenever the PostThere is a small island at the lower end of required to administer to the applicant or appli

inaster Generał shall require special agents of the

Post Office Department to colleet ordisburse the pubRock Island composed of deposits, I think. cants in such cases the required oath or affir lic moneys aceruing from postages, such special agent Mr. WILSON. A mere speck on the map. mation free of charge.

or agents, when so employed, shall, prior to enterMr. KIRKWOOD. Yes, sir; I think the The fifth section requires all railroad com

ing upon such duty, give bond in such sum, and in

such form, and with such security as the Postmaster purpose of getting possession of it is the fear | panies carrying the mails of the United States General may approve. that it might get into the hands of an individ to convey without extra charge, by any train The amendment was agreed to. ual and might be made a source of annoyance which they may run over their roads, all such to the Government in the use of the larger | printed matter as the Postmaster General shall,

Mr. KIRKWOOD. I desire to call the islands. . I think it is to give the Government from time to time, direct to be transported || attention of the Senator having charge of this unrestrained control of the whole of them, to thereon with the persons in charge of the mails || bill to the fourth section, relating to the reisprevent their being used in such a way as to designated by the Post Office Department for

suance of money orders where they have been annoy the Government establishment at any that purpose.

lost. I suggest the propriety of requiring the time.

By the sixth section it is provided that every || giving of a bond by the person to whom the Mr. WILSON. According to the statement person who shall willfully and maliciously in

second order is issued, in case the first one made, one of the reasons for obtaining posses jure, deface, or destroy any mailable matter should ever again be brought forward. It is sion of the lower islands is to prevent booths deposited in any letter-box, pillar-box. or other

usual I think in cases of this kind in banking for drinking, &c., from being erected. It is receiving boxes established by authority of the

institutions; and it is usual for Congress, where said it will not cost much to secure these isl Postmaster General of the United States for we provide for issuing new bonds where the. ands. The upper island is desired in order to the safe deposit of matter for the mails or for

original ones have been lost, to require the build a dam to get water. delivery, or shall willfully aid and assist in injur

party receiving the new bond to give his own Mr. KIRKWOOD. In regard to the expense ing such mailable matter so deposited, cither

bond to hold the Government harmless. of procuring the title to the land on this island, | by pouring into such boxes oil, water, or other

Mr. VAN WINKLE. That subject was I understand it is not to be bought, but com fluid, or by any other means, on being duly

canvassed in the committee, and the opinion missioners have been appointed to condemn convicted shall, for every such offense, befined

was that it was not necessary to introduce the it. The sum named in the bill is entirely be not less than $100 nor more than $1,000, || provision. These money orders are not like yond the value of the land. There is no ques or be imprisoned not less than one year, nor

bonds or drafts that can be paid by any pertion about that.

more than three years, at the discretion of the son. They must come back to the post oilice Mr. TRUMBULL. This sum is not for court.

for payment. When one is reported lost, notithat particular purpose alone; it is for other The seventh section authorizes the Postmas

fication is immediately given to all the money. purposes. ter General, whenever it shall become expe.

order post offices; and it is impossible that any Mr. KIRKWOOD. Iunderstand that com dient, in his opinion, to substitute a different

evil of the kind suggested could occur. This missioners are appointed to take the land and kind of postage stamps for those now in use, to

section is intended to facilitate the business condemn it at its true and proper value, and modify the existing contract for the manufac where, perhaps by the fault of the Post Office pay that to the parties. I hope the bill will ture of postage stamps so as to allow to the

establishment, the money order has got astray; pass. contractors a sum sufficient to cover the in

It is not believed that the Government will The bill was read a third time and passed. creased expenses, if any, in manufacturing the

sustain any loss from that money order fall.

sing into the hands of an inproper person. I AMENDMENT OF POSTAL LAWS.

stamps so substituted.
The eighth section proposes to amend sec-

think, therefore, that the amendment sug. Mr. VAN WINKLE. I ask the Senate to tion two of the act entitled “An act to estab

gested, although it would be very proper in proceed to the consideration of House bill No. lish salaries for postmasters, and for other pur

most such cases, is not required in this. 281, to amend the postal laws.

poses,'' approved July 1,1864, by adding the fol The bill was reported to the Senate as The motion was agreed to; and the Senate, lowing: "Provided, that when the quarterly amended, and the amendments were concurred as in Committee of the Whole, proceeded to returns of any postmaster of the third, fourth,

in and ordered to be engrossed, and the bill to consider the bill. or fisth class show that the salary allowed is

be read a third time. It was read a third time Mr. VAN WINKLE. Before the bill is ten per cent. less than it would be on the

and passed. read I will ask the Secretary to insert a word basis of commissions under the act of 1854,

OTWAY H. BERRYMAN. which has been accidentally omitted in the fixing compensation, then the Postmaster Mr. WILLEY. I ask the Senate to take up printing of the bill. It is the word “not,'' General shall review and readjust under the Senate bill No. 281. in line twelve of the sixth section, after the provisions of said section."

The motion was agreed to ; and the bill (S. word “imprisoned.”.

The Committee on Post Offices and Post No. 281) for the relief of the children of Otray The PRESIDENT pro tempore. That is a Roads reported the bill with various amend. H. Berryman, deceased, was read a second clerical mistake, and will be corrected.

ments, The first amendment was in section time and considered as in. Committee of the The Secretary read the bill. It provides one, line three, to strike out the word "April"? | Whole. It directs the proper accounting offthat from and after the 1st day of April, 1866, and insert "May."

cers of the Treasury to allow and pay to tire

children of Otway H. Berryman, deceased, the sum of $2,160 02, being the amount of losses sustained by Otway H. Berryman while commanding and acting as purser of the United States schooner Onkahye; but it is not to exceed the amount which a purser would have received for performing the same duties on board of the vessel.

Mr. FESSENDEN. . If there is a report in that case, I should like to hear it.

Mr. WILLEY. There is a report accompanying the bill which I ask may be read.

The Secretary read the following report sub. mitted by Mr. Willey, from the Committee on Naval Affairs, on the 25th of April:

The Committee on Naval Affairs, to whom was referred the petition of Otway II. Berryman, praying to be allowed the amount of money paid by him in adjusting his accounts as acting purser, have had the same under eonsideration, and begleave to report:

That this memorial was presented to the Senate and referred to the Committee on Naval Affairs, at the first session of the Thirty-Second Congress. On the 10th day of August, 1852, Mr, Mallory, of said committee, made a favorable report, accompanied by a bill. No further action was taken on the bill at that Congress.

At the first session of the Thirty-Third Congress the memorial was again referred to said committee. On the 15th of February, 1854, Mr. Mallory again made a favorable report, accompanied by a bill. On the 7th of July, 185+, this bill was passed by the Senate; but it was never acted on by the House of Ropresentatives.

At the first session of the Thirty-Fifth Congress this memorial was again referred to said committee, and Mr. Mallory again made a favorable report, accompanied by a bill, which was passed by the Senate on the 16th of April, 1860. The House of Representatives failed to pass upon it.

At the Thirty-Sixth Congress Mr. Hammond, of the Committee on Naval Affairs, made a favorable report on the claim, accompanied by a bill, which was passed by the Senate on the 6th of April, 1860. But ihe House of Representatives again failed to consider the bill.

Since the passage of the bill last aforesaid tho petitioner has died, and since his death bis widow has also departed this life, leaving four children who are in indigent circumstances.

The committee adopt the last report made as aforesaid, which is as follows:

That the grounds relied upon by Lieutenant Berryman are substantially those which induced Congress to grant relief to Lieutenant Charles G. Hunter in 1858, and your committee cannot distinguish between them.

Lieutenant Berryman assumed the command of the United States schooner Onkahye in October, 1846, under an order from the Navy Department, datel the 20th October, 1816, and he immediately entered upon special duty, and performed active and arduous service in the Gulf of Mexico, to Brazil and Chagres, during twenty-two months, which was terminated by the total shipwreck of the vessel on a sunken reef in July, 1818.

With his command he was ordered to perform the duties of purser to the vessel, and these duties ho performed throughout the whole period of his command.

No adjustment of his accounts took place until his return to the United States, when it was found that he had actually expended as purser more money, by $2.325, than he could produce the requisite vouchers .for. This sum he paid to the Government, and his accounts were balanced accordingly.

The memorialist alleges that he has diligently and faithfully kept and disbursed the means intrusted to him as purser to pay the lawful liabilities of the Goyernment, and that the omission to take and return the proper vouchers for all his expenditures was alono the result of his ignorance of, and his want of practice in, the duties of purser.

The memorialist has a family to support, dependent upon him. He had a small landed estate, which he sold to pay his deficiency, and himself and family have thereby become subjected to great pecuniary embarrassment.

Your committee, from an examination of the memorial and its accompanying papers, and from inquiries also at the Nayy Department, are satisfied that the memorialist, whose character and standing as an oficer and a inan are irreproachable, did faithfully disburse the means intrusted to him in the payment of the proper liabilities of the Government; and that his ignorance of his accounts, and of the importance of carefully preserving vouchers for every expenditure, was due to his general want of familiarity with the duties of his incidental post of purser. He received no compensation for the performance of these duties, nor could he receive any legally. His deficiency is the result of no misapplication of the means of the Government, of no want of due care and diligence in guarding and preserving them. The Government has had the benefit of the expenditure and of bis services-services which his education and training as an officer of the Navy did not make him at all peculiarly fitting to perform. They belong wholly to another departinent of the Navy and to men differently educated. They are imposed on officers in command of public vessels by the Government for its own convenience, and it should, unless some fraud is established, bear the losses of its own neglect in not appointing the proper officer to perform these services.

The amount of disbursements by memorialist as

purser, during the period referred to, for which he orclaimed in any such cases, and the amountofarrears obtained credit at the Department, was $21.951 50. allowed or claimed in each case; also an estimate of

Your committee deem it a proper case for relief, the amount required to pay the arrears of pensions and report a bill accordingly,

which accrued during the lato rebellion to persons Mr. JOHNSON. Is this bill reported by a

dropped from the rolls in pursuance of the provisions

of said act; and also the precise proofs upon which committee?

in each case the restoration was allowed or the pendThe PRESIDENT pro tempore. By the ing application based, and on whose order or by whose Committee on Naval Affairs.

decision and under what provision oflawsuch restora

tion of pension or payment of arrears of pension has Mr. JOHNSON., Unanimously, I believe. been directed or authorized. Mr. GRIMES. Yes, sir.

Mr. SCHENCK moved to reconsider the The bill was reported to the Senate without

vote by which the resolution was agreed to; amendment, ordered to be engrossed for a third

and also moved that the motion to reconsider reading, read the third time, and passed.

be laid on the table.

The latter motion was agreed to.
Mr. CRAGIN. I move that the Senate pro-

ceed to the consideration of House bill No.

Mr. BIDWELL, by unanimous consent, 453, for the relief of Cornelius B. Gold, late

introduced a bill for the relief of A. Walker acting assistant paymaster United States Navy. Mr. DOOLITTLE. I desire to move an

for losses sustained in the Mexican war; which executive session.

was read a first and second time, and referred

to the Committee of Claims.
Mr. CRAGIN. This is a very brief bill, and
will not take five minutes.

Mr. DOOLITTLE. It is important that we Mr. HARDING, of Illinois. I demand the
have an executive session. There is a matter regular order of business.
pending which should be disposed of, and I Mr. INGERSOLL. Will the gentleman
move that the Senate now proceed to the con from Illinois [Mr. HARDING] yield to me for a
sideration of executive business.

moment? The motion was agreed to; and after some Mr. HARDING, of Illinois. I am anxious time spent in executive session, the doors were to get through with the public business., I do reopened, and the Senate adjourned.

not want to have evening sessions; still I am

willing to attend them if they are necessary: HOUSE OF REPRESENTATIVES.

But I cannot consent to taking up the time of TUESDAY, May 22, 1866.

the House, which should be devoted to the reg

ular business of the House, by special business. The House met at twelve o'clock m.

Mr. MORRILL. I think we better go on
The Journal of yesterday was read and with the regular business.
The SPEAKER stated that the absence of

ASSISTANT SECRETARY OF TIIE NAVY. the Chaplain, Mr. Boyntox, for the past week

The SPEAKER. The regular order is the was on account of illness.

unfinished business of yesterday, being the

consideration of Senate bill No. 318, author DISBURSING OFFICERS OF PUBLIC WORKS.

izing the appointment of an additional Assist Mr. CULLOM, by unanimous consent, intro ant Secretary of the Navy. duced a bill to amend an act entitled "An act

The question was upon ordering the bill to making appropriations for sundry civilexpenses be read a third time. of the Government for the year ending the 30th Mr. RICE, of Massachusetts.' I took occaof June, 1859;'' which was read a first and

sion just before the adjournment yesterday to second time.

explain the object and purpose of the bill now The bill was read at length. It proposes to under consideration. I suppose it is quite amend a proviso of the act of June 30, 1859, fully understood by the House, and I have no so that it shall read as follows:

desire to consume time valuable for other purProvided further, That where there is no collector

poses in any further discussion of this bill. at the place of location of any public works herein specified the Secretary of the Treasury shall have And therefore I now call the previous question. power to appoint a disbursing agent for the payment Mr. ROSS moved that the bill be laid on of the moneys that are or may be hereafter appro the table. priated for the construction of any such public works,

On the motion there were-yeas 35, noes with such compensation as he may deem equitable and just; and all laws and parts of laws in conflict 55; no quorum voting. with the provisions of this section be, and the same The SPEAKER, under the rule, ordered are hereby, repealed,

tellers; and appointed Mr. Ross, and Mr. Rice The bill was then ordered to be engrossed

of Massachusetts. and read a third time; and being engrossed, it

The House divided; and the tellers reported was accordingly read the third time and passed.

-ayes 28, noes 65.

So the bill was not laid on the table.
Mr. McRUER asked unanimous consent to

Mr. BRANDEGEE. Would it be in order, report back from the Committee on the Post

Mr. Speaker, to move to amend the bill so as Office and Post Roads, for action at this time,

to give the Secretary of the Navy leave to go joint resolution H. R. No. 142, authorizing the

abroad? (Laughter.] Postmaster General to pay additional salaries

The SPEAKER. No amendment is in to letter carriers of San Francisco.

order pending the demand for the previous Objection was made.


The previous question was scconded and SUSPENSION AND RESTORATION OF PENSIONS.

the main question ordered; and under the oper-
Mr. SCHENCK, by unanimous consent, sub ation thereof the bill was ordered to a third
mitted the following preamble and resolution; || reading, and read the third time.
which were read, considered, and agreed to: The question being on the passage of the ,

Whereas the Commissioner of Pensions, on the 10th bill,
day of June, 1865, issued certain instructions and Mr. ANCONA demanded the yeas and nays.
forms for the restoration to the pension-rolls of the

names of persons who were dropped therefrom in

nays were ordered. pursuance of an act approved February 4, 1862, enti The question was taken; and it was decided iled "An act authorizing the Secretary of the Inte in the affirmative-yeas 69, nays 41, not voting rior to strike from the pension-rolls the names of such persons as have taken up arms against the Gov.

73; as follows: ernment, or who may have in any manner encouraged YEAS- Messrs. Alley, Allison, Ames, James M. the rebellion:" Therefore,

Ashley, Baxter, Beaman, Bergen, Bidwell, Blow, Resolved, That the Secretary of the Interior be di Boutwell, Brandegee, Conkling, Davis, Dawson, rected to report to this House the names and places Deming, Dixon, Dodge, Donnelly, Driggs, Eldridge, of residence of all persons who were dropped from the Ferry, Griswold, Halo, Henderson, Higby, Holmes, pension-rolls in pursuance of said act, and who have Hotchkiss, Asahel W. Hubbard, Chester D. Hubbeen at any time since restored thereto; and of all bard, Demas Hubbard, Edvin N. Hubbell, Ingerpersons whose application for restoration may still soll, Jenckes, Julian, Kelley, Kuykendall, Laflin, of

Le Blond, Loan, Longyear, Marvin, McClurg, Mocation, and the amount of annual pension allowed or Ruer, Moorbead, Morrill, Myers, Niblack, Nicholson, claimed in each case; also, whether arrears of pen O'Neill, Perham, Phelps, Piko. Price, Alexander H. sions for any period of the rebellion have been allowed Rico, John H. Rico, Rollins, Scofield, Spalding, Ste

The yeas

would be an absurdity.

vens, Stilwell, Thayer, John L. Thomas, Trowbridge, transaction of business, the preservation of any rogue, or willful rebel who threw his propBurt Van Horn, Welker, James F. Wilson, Windom, mercantile honor, and the encouragement of erty into the scales of rebellion with himself, Winfield, and Woodbridge--69.

NAYS-Messrs. Ancona, Delos R. Ashley, Baker, trade and enterprise, to provide a remedy for will escape through the meshes of this bill while Baldwin, Boyer, Chanler, Cobb, Cook, Cullom, De the honest, unfortunate debtor against the per creditors are vigilant and courts are honest. frees, Denison, Dumont, Eckley, Goodyear, Gri

secution of some grasping creditor, as to pro- They wish to meet their debtors, North and der, Aaron Harding, Abner C.Harding, John H. Hubbard, Hulburd, James M. Humphrey, Kerr, Ketcham, vide a remedy for the creditor against a fraud | South, under the common protection of national George V. Lawrence, William Lawrence, Marshall, ulent debtor. The security, even the life of law. Their enlightened self-interest has risen Mckee, Morris, Paine, William H. Randall, Ritter,

trade, requires that the relief provided by law to the degree of wise statesmanship. Cannot Rogers, Ross, Sawyer, Sloan, Taylor, Francis Thomas, Trimble. Van Aernam, Ward, Henry D. Washburn,

should be mutual. Otherwise, honesty is con this Congress be as magnanimous, as just, and and Wright-41. founded with fraud, and misfortune with crime.

as wise? NOT VOTING-Messrs. Anderson, Banks, Barker, Benjamin, Bingham, Blaine, Bromwell, Broomall,

A well-adjusted system of bankrupt law pro. 3. Others object to the system because they Buckland, Bundy, Reader W. Clarke, Sidncy Clarke,

vides the desired remedy; and while it strength say it is retroactive, and avow their willingness Coffroth, Culver, Darling, Dawes, Delano, Eggleston, ens rather than weakens the creditor's rights to accede to it were it wholly prospective and Eliot, Farnsworth, Farquhar, Finck, Garfield, Glossbrenner, Grinnell, Harris, Hart, Hayes, Hill, Hogan,

and powers, it rewards unfortunate honesty || applicable only to contracts made after the bill Hooper, James R. Hubbell, James Humphrey, John with emancipation. Hereafter, if this bill be shall have become a law. If this be urged on son, Jones, Kasson, Kelso, Latham, Lynch, Mars comes a law, imprisonment for debt, that relic | constitutional grounds, it meets with a perfect ton, McCullough, McIndoe, Mercur, Miller, Moul

of barbarous ages which still lingers in some of answer in the decisions of the Supreme Court. ton. Newell, Noell, Orth, Patterson, Plants, Pomeroy, Radford, Samuel J. Randall, Raymond, Rousseau, the States, will cease to exist and can never Nothing can be clearer than the language of Schenck, Shanklin, Shellabarger, Sitgreaves, Smith, be restored. The energies of the unfortunate Chief Justice Marshall explaining the clause Starr, Strouse, Taber, Thornton, Upson, Robert T. Van Horn, Warner, Elihu B. Washburne, William B.

debtor will no longer be lost to his family and in the Constitution under which this bill is Washburn, Wentworth, Whaley, Williams, and Ste

bis country. The past, with its retrospect of framed, and that which contains the prohibiphen F. Wilson-73.

embarrassment and misfortune, will no longer tion upon the States. So the bill was passed.

cast its baneful shadow over his mind, his future Far more cogent, if not altogether concla. Mr. RICE, of Massachusetts, moved to re will no longer be uncheered by hope.' The pur- | sive, is the constitutional argument against consider the vote by which the bill was passed; || suit of happiness, the road to honor, a career legislation to take effect only on future conand also moved that the motion to reconsider of industry and enterprise, with its rewards, tracts. Some date must be fixed in such a be laid on the table.

will again be opened to him, and he will enter statute before which contracts must remain The latter motion was agreed to.

anew, as a redeemed man, into the life and binding, and beyond which they may be an. BANKRUPT LAW. prosperity of the State.

nulled. The business of the country must go

2. Another objection is, that although the on, with or without such a statute, and debts The SPEAKER. The morning hour has commenced; and agreeably to order, the House

power to pass a system of laws on the subject of must be contracted on the usual credits. A

bankruptcy is clearly granted to Congress by the man fails a month after the day designated. resumes the consideration of the bill (H.R. No.

Constitution, yet it is inexpedient for Congress | From the obligations contracted within that 598) to establish uniform system of bank

to exercise it. Such an argument might have month he may be discharged, but he must ruptcy throughout the United States. On this bill the gentleman from Rhode Island [Mr.

weight if this bill were brought forward as a remain in the chains of all his previous liabil. JENCKES) is entitled to the floor, fourteen min.

party measure, or if it were partial and unequal | ities although they may run back through a utes of his hour remaining.

in its operation, and did not tend to produce | period of twenty years. In fact, as the eri

the beneficial results it aims at. But the most Mr.JENCKES. In the bill as printed there ingenious and suspicious mind has failed to

dence of debt may be a judgment or specialty, are several errors and inaccuracies; and on

no statute could give equal and full relief to behalf of the committee I desire to move

discover any partisan character in it, and the all debtors on this principle, unless its opera

closest criticism, in and out of Congress has tion should be postponed until twenty years amendments to correct them.

not disclosed any of the other obnoxious qual- | after its passage. I move to amend by striking out the word "county," in the third line of the third sec

lation can afford adequate relief, for its power tion, and inserting in lieu thereof the words

As a present measure of relief, a purely prosover the subject is limited, and over the per pective statute, to take effect from its date, congressional district.”' The amendment was agreed to.

sons ceases entirely at the States' boundaries. would be worse than a mockery; it cats a man

At the time of the adoption of the Federal | into fractions; it severs his business and his Mr. JENCKES. I move further to amend Constitution, Rhode Island had a perfect bank life; one half, or some other fraction of him by striking out in the fourth line of the eleventh rupt law, discharging the debt as well as the may be bond, the other, free. It breathes the section the word “five" and inserting in lieu person of the debtor, but the Supreme Court | spirit of the terrible Roman statute which gave thereof the word “three;'' so that the clause || declared it to be unconstitutional and null. the living body of the debtor to be cut in pieces will read:

New York once passed a similar law which by his creditors—a horrid dividend. It would That if any person residing within the jurisdiction met the same fate before the same tribunal. be as unjust to the creditor as to the debtor; of the United States, owing debts provable under this act exceeding the amount of $300, shall apply by

The power resides solely here; and being sole | they should all be treated alike, and stand petition, &c.

and exclusive it implies a corresponding duty, || equal before the law. It would discriminate The amendment was agreed to.

which is the exercise of that power for the ben- against some and favor others; some would Mr. JENCKES. I also move to amend by

efit of the people. The Republic has a right take the dividend, and the balance of their striking out in the twenty-seventh and twenty: 1 citizens, and every interest of the State de

to the free and unfettered services of all its claims would still be valid ; others would be eighth lines of the twenty-eighth section the

compelled to discharge their whole debt for words “at the time such dividend is given.”

mands that they should have the free exercise the same dividend. Such a statute could not Those words are superfluous.

of their faculties in all the pursuits of life. It be uniform in its operation, and would there. The amendment was agreed to.

is contrary to wise policy to permit one class fore be unconstitutional. For, as I have main. Mr. HOLMES. I suggest to the gentleman || from incarceration only makes the suffering quirement in a bankrupt law is, that it should

to hold another in a bondage where freedom tained in this debate, the constitutional re. from Rhode Island that in the thirty-fourth line of the eleventh section the word “five” || hopes, paralyzed energ;es, how can those irremore intense. With ruined fortunes, blasted be uniform in its effect upon the relation of

debtor and creditor. That is a personal relashould be “three."

trievably insolvent, contribute to the welfaretion. Their rights are personal rights; their Mr. JENCKES. The gentleman is correct. of the family or the prosperity of the country? I move to amend by striking out “five" in the

contracts are personal contracts; their rem. line the gentleman mentions and inserting || material interests of the Republic demand the

Not alone the miseries of these men, but the edies are by personal actions, and the relief { three.”

granted by a bankrupt law is a discharge from exercise of this beneficent power. Nor is The amendment was agreed to.

these personal actions. The effect should be there any considerable opposition to it from uniform upon all, or the constitutional reMr. JENCKES.

Mr. Speaker, in closing | that class who may be supposed to be bene- || quirement is violated. this debate I wish to state and to reply to some fited by the present state of the law. The But this statute cannot properly be called general objections that have been raised to great creditor interests of the country, to their retroactive even in the sense that all remedial legislation upon this subject.

honor be it spoken, have appealed to you to statutes are retroactive. It is not within the 1. The first objection is, that no law should nationalize the relation of debtor and creditor | prohibition of ex post facto laws. It takes he passed which authorizes the discharge of a by the passage of this bill. After one unparal effect upon the business of the country as it is, debt without payment in full, or which cancels leled revulsion in trade, and another caused in the same manner that the two previous statthe obligation of a contract. All bankrupt | by unexpected war, and after the vast fluctua utes took effect at their respective dates. The laws on this principle would be pronounced tions of a five years' state of war, they have warrant to enact it is found in the clear and inexpedient and unjust.

discovered that their true interest requires that explicit language of the Constitution, and to My reply is, that in the progress of civiliza the law should be so framed as to bring about a bill like this, with less propriety than perhaps tion it has become repugnant to the consciences the most prompt settlements, and give each to any other, can the term retroactive or retroof enlightened nations that there should be party the quickest and most thorough relief. spective be applied in the offensive sense that any longer servitude for debt. There are two I had the pleasure of submitting to this House | it changes existing rights and liabilities without parties to every contract, and there are uncer the most weighty testimony ever offered on this potice; for every contract that has been made tainties with regard to the performance of it subject to any legislative body in the world. since the ratification of the Constitution has by each. All commercial nations have dis These Chambers of Commerce and Boards of been entered into with full knowledge of its covered that it is as necessary for the prompt || Trade and their constituencies do not fear that Il contents, and subject to the power of Congress

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