Page images
PDF
EPUB

gentlemen from Kentucky and the Senator from Missouri have made their fight on this resolution and been heard at length. They are responsible for the delay. I did not come here intending to say a word, but to vote only. I was only induced to say anything at all because of the course of the Opposition.

Mr. POLK. This resolution is on its passage; it is not amendable; I recollect that fact well because it was up on the first day that business of that character was to be transacted by the Senate, and I wished to give some views to the Senate on the subject, and an attempt was made to have it put over. The Senate refused it, and I postponed any remarks until the resolution was on its passage, after all amendments had been made. Then, sir, when it was impossible to do anything else, and when a postponement was refused by the Senate, the Senator from California [Mr. McDOUGALL] voting for it and making a speech against the postponement, I addressed the Senate. The resolution was then on its passage, and it was the very last moment at which I could get the floor. Subsequently we have seen how it has been made a foot ball, continued over from time to time; first one day and then another, and then another. Now we come to the very last moment of the session, and I am opposed to anything that will postpone it. Let us vote directly and squarely on it.

Mr. FESSENDEN. Mr. President, one thing is very obvious; and that is, that our friends on the other side of the Chamber are exceedingly anxious not to have this question voted on, but to have an opportunity to say that we were afraid to vote on it. That now seems to be perfectly manifest to the Senate. They expect to get some advantage somehow from the argument to the people. So far as I am concerned, I am perfectly willing that they should have it all, for my observation has been that nothing is made out of such trifles. They amount to nothing one way or the other. The only question in my mind has been, from the beginning, whether there was any practical utility in this resolution. I have thought that there was; and I will say to Senators on the other side, that from the beginning, although 1 did not like the phraseology of the resolution in some respects, and should prefer to amend it, I have been willing, and I am now ready to vote for it just as it is, without crossing a t or dotting an i. There is nothing in it that I cannot vote for; and I believe there is nothing in it that the Senators on this side of the Chamber (although some of them would prefer to amend it and change the phraseology in some particulars) cannot and are not willing to vote for. But, sír, my declaration to that effect will go for nothing, if it is not acted on. There is the argument. I am perfectly willing that the gentlemen on the other side of the Chamber, so far as they are able, may make what they can of it, whether it takes one course or another. I do not attach importance enough to it to be troubled about it, either in one aspect of the case or the other. The truth is, that the people understand very well the argument made on such questions from beginning to end, as a general rule, and I have no sort of apprehension that they will be deceived

about it.

If the Senate choose to come to a vote on this subject, I am ready to vote, and to vote for the passage of the resolution, although I think it is of no sort of use to pass it here at this late hour, because it cannot pass the House of Representatives. There is no time to pass it there.

Mr. WILSON. I think the other House will pass it.

Mr. FESSENDEN. I do not think there is a quorum there, and hence I do not suppose it will pass that body. It would if there were a quorum present, and the House could have a vote.

Now, sir, I say that this case is not exactly as it has been stated by Senators on the other side. We have been ready to act on this resolution; and I assert that the Senators on the other side of the Chamber have been contesting it from the beginning. The resolution does not propose legislation-I mean essential legislation; and when we brought in this resolution, we brought in also bills of very great importance, that it was absolutely essential to pass at this session. The Senators made fight upon this, and they asked us, with a good deal of shrewdness, "why not proceed with legislation that had some practical result?

why be pushing this? why not give us time on this?" They asked for time to address the Senate on it. They obtained it, not from courtesy, but as a matter of right, although we were not disposed to push it beyond reason. The Senator from Delaware, [Mr. BAYARD,] I believe, on this resolution, had a postponement for three several days, and he notified us that he had an argument to make upon the subject. We all know that when that Senator makes an argument, it is worth listening to; there is a great deal of it, and it is good, what there is of it. We expected that, and waited for that, and were disposed to gratify the Senator, although he was disposed to yield all the time if we would not touch it; he did not care about speaking if we did not trouble ourselves to take it up. I was one of those who thought, and think still, tha absolute, positive legislation in this state of the country was of more importance than this resolution. It was not that we were not willing and ready to vote on the resolution at any moment, but we could not force it down the throats of the minority if we would, and we would not if

we could.

Mr. POLK. I suppose the Senator means to be accurate.

Mr. FESSENDEN. I do.

Mr. POLK. The argument that the Senator from Delaware wished to make was not on this resolution, but on the bill reported by the chairman of the Judiciary Committee, in regard to sedition and insurrection.

Mr. FESSENDEN. He claimed the right to make his argument on this resolution.

Mr. POLK. And he did make a speech on this resolution.

Mr. FESSENDEN. He claimed to make it for three successive days on this resolution.

Mr. POLK. And he did make it on this resolution.

Mr. FESSENDEN. No, sir; it has not been made to this day.

Mr. POLK. I am not in error.

Mr. FESSENDEN. Iunderstand that the Senator from Delaware says you are. Mr. BAYARD. I did speak on this resolu

tion.

Mr. POLK. That is just what I said. Mr. FESSENDEN. The Senator from Delaware claimed to make another argument on this question.

Mr. POLK. The speech he claimed to make, and was waiting to make, was on the bill reported by the chairman of the Committee on the Judiciary.

Mr. FESSENDEN. There never has been a time when the gentlemen on the other side have conceded that the debate was closed on this resolution, so far as they were concerned. It has been closed on our side.

Mr. BRECKINRIDGE. It does not seem to be closed yet on that side.

Mr. FESSENDEN. I am not arguing on the resolution itself; I am simply answering the point which my friends on the other side-I say it with all respect-are endeavoring to make upon us with respect to the resolution. While I deny that, and deny the inference they would draw from it, I repeat again that I do not care a rush whether they have the benefit of the argument or not; and for myself, I am perfectly ready to vote on the resolution, and to vote on it at any moment the question is presented.

Mr. DIXON. I ask the unanimous consent of the Senate to offer a resolution, which I will send to the Secretary to be read for information. I think there will be no objection to it at this time. I offer it by direction of the Committee to Audit and Control the Contingent Expenses of the Senate. The PRESIDENT pro tempore. Is there objection?

Mr. BINGHAM. Objection being made, and it requiring unanimous consent, the resolution cannot be considered at the present time.

Mr. DIXON. Does it require unanimous consent to have it read for information?

[ocr errors][merged small]
[ocr errors]

resolution of the Senate No. 1 is still before the Senate.

Mr. TRUMBULL. Mr. President, the Senator from Massachusetts is very anxious for a vote on this subject. I am not willing that a vote should be taken, under the misapprehensions which seem to exist in the Chamber, and the imposition which will be practiced by it upon the country. The Senator from Kentucky has, on several occasions, very good-naturedly alluded to this as being the "pet measure" of this side of the Chamber; that it was brought forward at an early day, and matured, and then there was an indisposition to vote upon it; that we were all for it, our "pet measure;" matured and brought in here, one would think, by some general understanding. Now, I desire to say--and I desire to say it in part because of what has fallen from the Senator from Maine, who has undertaken to speak for this side of the Chamber, as he supposedthere never was a moment, from the time the resolution was introduced up to this hour, that it could have received my vote. It never was matured as a party measure-never. It is an entire misapprehension. The Senator from Massachusetts, I believe, reported it from a committee, and has urged it; but that it has been any "pet measure," or anything that everybody was bound to vote for, whether he liked it or disliked it, is an entire misapprehension.

Mr. COLLAMER. It was not reported from a committee.

Mr. TRUMBULL. It seems it never was before a committee. It is an individual proposition brought in here. Now what authority is there for undertaking to assume that this is a pet measure of any party in the country?

Mr. POWELL. If the Senator from Illinois will allow me, I will say it was reported from the Committee on Military Affairs.

Mr. TRUMBULL. I was just informed that it was not reported from that committee, but was brought in by the Senator from Massachusetts on his individual responsibility. I have not looked into the record. I do not know how that may have been, nor is it important.

I desired to say this much, that there might be no misapprehension either in the minds of gentlemen on the other side, or in the country in reference to this matter, and that—

Mr. WILSON. Let us have a vote.

[ocr errors]

Mr. TRUMBULL. Now, my friend is clamorous. He cannot keep still. He says "let us have a vote. I am not disposed to vote upon the resolution. I will tell the Senator from Kentucky I am not prepared to vote for the resolution, and it is not going to pass without consideration. It is not going to pass in the shape it is by my approbation.

Mr. KING. Will the Senator from Illinois allow me to make a motion to go into executive session? There is some business in executive session that ought to be disposed of.

Mr. TRUMBULL. I will yield to my friend from New York, whom I never could resist, for he is nearly always right; and I give way to a motion to proceed to the consideration of executive business.

I

Mr. KING. I make that motion. CONTINUANCE OF BUSINESS TO NEXT SESSION. Mr. FOSTER. Before that motion is put, ask the unanimous consent of the Senate to take up a resolution, which I offered the other day, in reference to continuing the business of the Senate to the next session, which it is important should pass. The Senator from New Hampshire [Mr. HALE] at that time objected

Mr. LANE, of Kansas. I object.

Mr. FOSTER. I make the motion. The Senator from New Hampshire objected to it at the time; but I presume he has examined it, and is quite aware it ought to be passed.

The PRESIDENT pro tempore. This is a resolution touching the general order of business of the Senate, and as such is entitled to privilege. Is objection offered to its consideration?

Mr. LANE, of Kansas. I withdraw my objection.

There being no objection, the Senate proceeded to consider the resolution; and it was adopted, as follows:

Resolved, That all subjects before the Senate at the close of the present session, including those before committees,

shall be continued to the next session, and shall then be proceeded with in the same manner as if no adjournment of the Senate had taken place; and the papers which have been referred to the committees, and may be in their possession at the close of the session, shall be returned informally to the Secretary, and by him restored to the committees, when appointed, at the next session.

SENATOR FROM KANSAS.

The PRESIDENT pro tempore. The pending motion is on the motion to proceed to the consideration of executive business.

Mr. DIXON. Before the motion is put, I desire to offer a resolution.

Mr. KING. The time is wearing away, and I do not think I can give way any longer.

Mr. DIXON. It is an important matter, and will not occupy a single moment. It is a resolution for the payment of the mileage of the contestant of the seat of the Senator from Kansas. If the Senate see fit to consider it, they can do so. The PRESIDENT pro tempore. It requires

unanimous consent.

There being no objection, the Senate proceeded to consider the resolution, as follows:

Resolved, That the usual mileage and pay be allowed and paid to Frederick P. Stanton while contesting his right to a seat in the Senate from the State of Kansas.

The resolution was adopted.

EXECUTIVE SESSION.

Mr. KING. I renew my motion for an executive session.

The motion was agreed to; and the Senate proceeded to the consideration of executive business; and after some time spent therein, the doors were reopened.

REPORT FROM A COMMITTEE.

Mr. DOOLITTLE, from the Committee on Indian Affairs, asked to be discharged from the further consideration of a report of the Secretary of the Interior, communicating, in compliance with a resolution of the Senate, copies of all papers,|| evidence, vouchers, and a statement of the character and origin of the claim of the Delaware Indians for depredations upon timber and loss of property by whites; which was agreed to.

BILLS BECOME LAWS.

A message from the President of the United States, by Mr. NICOLAY, his Secretary, announced that the President had this day approved and signed the following bill and joint resolution:

An act (S. No. 63) making appropriations for fortifications, and for other purposes; and

A joint resolution (S. No. 15) requesting the President of the United States to recommend a day of public humiliation, fasting, and prayer.

MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by Mr. ETHERIDGE, its Clerk, announced that the House had passed a bill (No. 105) to provide for the payment to Arnold Willett, for bread, &c., and Henry North, for wood, provided for the United States volunteers of Maryland; in which the concurrence of the Senate was requested.

ENROLLED BILLS SIGNED.

A message from the House of Representatives, by Mr. ETHERIDGE, its Clerk, announced that the Speaker had signed the following enrolled bills; which thereupon received the signature of the President pro tempore:

A bill (S. No. 67) explanatory of an act entitled "An act concerning the Attorney General and the attorneys and marshals of the several districts;"

per

A bill (S. No. 54) requiring an oath of allegiance, and to support the Constitution of the United States, to be administered to certain sons in the civil service of the United States; A bill (S. No. 65) to authorize an increase in the corps of engineers and topographical engineers;

A joint resolution (S. No. 16) authorizing an examination of James's projectiles for rifted can

[blocks in formation]
[blocks in formation]

An act (S. No. 67) explanatory of an act entitled "An act concerning the Attorney General, and the attorneys and marshals of the several districts;"

An act (S. No. 54) requiring an oath of allegiance and to support the Constitution of the United States to be administered to certain persons in the civil service of the United States;

An act (S. No. 25) to confiscate property used for insurrectionary purposes;

An act (S. No. 65) to authorize an increase in the corps of engineers and topographical engineers; and

A joint resolution (S. No. 16) authorizing an examination of James's projectiles for rifled can

non.

ARNOLD WILLETT AND HENRY NORTH.

The bill (H. R. No. 105) to provide for the payment to Arnold Willett, for bread, &c., and Henry North, for wood, provided for the United States volunteers of Maryland, was read twice by its title, and considered as in Committee of the Whole.

No amendment being proposed, it was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. CONGRESSIONAL GLOBE.

The joint resolution (H. R. No. 9) in relation to the Congressional Globe was read twice by its

title.

Mr. SHERMAN objected to the consideration of the joint resolution; and it was laid over.

MESSAGE FROM THE HOUSE.

A message from the House of Representatives, by Mr. ETHERIDGE, its Clerk, announced that the House had passed the bill of the Senate (No. 72) to increase the pay of the privates in the regular Army, and of the volunteers in the service of the United States, and for other purposes.

The message further announced that the House had passed the bill of the Senate (No. 46) to provide for the construction of a bridge across the Potomac river, with an amendment, in which the concurrence of the Senate was requested.

BILLS BECOME LAWS.

The message further announced that the President of the United States had this day approved and signed the following bills:

An act (H. R. No. 86) to punish certain crimes against the United States; and

An act (H. R. No. 101) to promote the efficiency of the engineer and topographical corps.

THE LONG BRIDGE.

Mr. GRIMES. I move that the Senate concur in the amendment made by the House to the bill (S. No. 46) to provide for the construction of a bridge across the Potomac river.

The PRESIDENT pro tempore. The amendment will be read.

The Secretary read the amendment, which was to strike out all after the enacting clause of the bill to the end of the second section; so that the remainder of the bill will read:

That the sum of $20,000 be, and the same is hereby, appropriated for the repair of the present Long Bridge across the Potomac river.

The amendment was concurred in.

INDEPENDENCE OF HAYTI.

Mr. SUMNER presented resolutions of the Legislature of Massachusetts concerning the recognition of the independence of the Republic of Hayti; which were ordered to lie on the table, and be printed.

ENROLLED BILLS SIGNED.

A message from the House of Representatives, by Mr. ETHERIDGE, its Clerk, announced that the Speaker had signed the following enrolled bills; which thereupon received the signature of the President pro tempore:

A bill (S. No. 60) relative to appeals to the Supreme Court of the United States; and

A bill (S. No. 72) to increase the pay of the privates in the regular Army, and of the volunteers in the service of the United States, and for other purposes.

BILLS BECOME LAWS.

A message from the President of the United States, by Mr. NICOLAY, his Secretary, announced that the President had this day approved and signed the following bills:

An act (S. No. 65) to authorize an increase in the corps of engineers and topographical engineers;

An act (S. No. 39) to provide for holding the district and circuit courts in judicial districts during a temporary vacancy in the judgeship; and

An act (S. No. 59) in relation to the office of attorney of the United States for the southern district of New York.

D. R. M'NAIR.

Mr. JOHNSON, of Tennessee. I wish to report a resolution from the Committee to Audit and Control the Contigent Expenses of the Senate, and to ask the Senate to pass on it at once:

Resolved, That the Secretary of the Senate pay out of the contingent fund of the Senate, to D. R. McNair, late Sergeant-at-Arms, an anount equal to the salary of the said Sergeant-at-Arms, from the 5th day of July until the 1st Monday of December next.

It is a small matter.

Mr. BINGHAM and others objected.

The PRESIDENT pro tempore. Objection is made, and it carries the resolution over under the rule.

EXECUTIVE SESSION.

Mr. GRIMES. I move that the Senate procced to the consideration of executive business. There are some nominations, I hear.

Mr. JOHNSON, of Tennessee. We cannot get in before the time expires.

Mr. LANE, of Kansas. The President has sent in some nominations that it is very important to have confirmed.

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

ness.

Mr. GRIMES. I have made that motion. The motion was agreed to.

In a few minutes the doors were reopened.

EXTENSION OF THE SESSION.

A message from the House of Representatives by Mr. ETHERIDGE, its Clerk, announced that the House had passed the following resolution:

Resolved, (the Senate concurring,) That the present session be extended until twelve o'clock and thirty minutes, p. m., this day.

The resolution was considered by unanimous consent, and concurred in.

BILL BECOME A LAW.

A message from the President of the United States, by Mr. NICOLAY, his Secretary, announced that the President had this day approved and signed a bill (S. No. 25) to confiscate property used for insurrectionary purposes.

ENROLLED BILLS SIGNED.

A message from the House of Representa ves, by Mr. ETHERIDGE, its Clerk, announced that the Speaker had signed the following bills; which thereupon received the signature of the President pro tempore:

A bill (H. R. No. 103) authorizing the Secretary of War to pay the volunteers who, under the command of Charles W. White, and by order of Brigadier General T. A. Morris, enlisted to protect the railroad bridge and other property in the vicinity of Oakland, Allegany county, Maryland;

and

A bill (H. R. No. 105) to provide for the payment to Arnold Willett, for bread, &c., and Henry Worth, for wood, provided for the United States volunteers for Maryland.

EXECUTIVE BUSINESS.

On motion of Mr. CHANDLER, the Senate proceeded to the consideration of executive business; and, after some time spent therein, the doors were reopened.

TERMINATION OF THE SESSION.

On motion of Mr. DOOLITTLE, it was Resolved, That a committee be appointed on the part of the Senate to join such committee as may be appointed by the House of Representatives, to wait on the President of the United States, and inform him that unless he may have any further communication to make, the two Houses are now ready to adjourn.

Mr. DOOLITTLE, and Mr. JOHNSON of Tennessee, were appointed.

Mr. BAKER stated that he had declined to accept the office of brigadier general, tendered to him by the President of the United States. He considered it his duty to make this statement, as the subject had been spoken of.

Mr. DOOLITTLE, from the committee appointed to wait upon the President of the United States, and inform him that unless he may have any further communication to make, the two Houses of Congress are now ready to adjourn, reported that the committee had performed the duty assigned them, and that the President replied that he had no further communication to make.

The PRESIDENT pro tempore announced that the hour fixed by the joint resolution of the two Houses for the adjournment of Congress had arrived, and declared the Senate adjourned without day.

HOUSE OF REPRESENTATIVES.
TUESDAY, August 6, 1861.

The House met at eleven o'clock, a. m. Prayer
by the Chaplain, Rev. THOMAS H. STOCKTON.
Mr. BLAIR, of Pennsylvania. I move that the
reading of the Journal be dispensed with.
The motion was agreed to.

EXECUTIVE COMMUNICATIONS. The SPEAKER, by unanimous consent, laid before the House a communication from the Secretary of War, covering a copy of a letter from Hon. Joseph Holt, in compliance with a resolution of the House of Representatives of the 27th ultimo, requesting the reasons for assembling the United States troops at the seat of Government of the United States; which was laid on the table, and ordered to be printed.

Also, a communication from the Secretary of War, in compliance with the resolution of the House of Representatives of the 13th ultimo, covering a copy of the several reports which have been made by General Harney, during his command of the United States forces in the State of Missouri.

CALIFORNIA PRIVATE LAND CLAIMS.

Mr. BLAIR, of Pennsylvania. I ask the unan-
imous consent of the House to take from the
Speaker's table Senate bill No. 60, relative to the
California private land claims.

The bill was read. It provides that, in all cases
of appeal which have been taken, or may here-
after be taken, by both parties from either of the
district courts of California to the Supreme Court
of the United States in proceedings to ascertain
and settle private land claims under the provis-
ions of the act of March 3, 1851, and in proceed-
ings upon the survey and location of confirmed
private land claims in California under the pro-
vision of the act of June 14, 1860, a transcript of
the record filed in the Supreme Court by either
party on his appeal may be used on both appeals;

and whenever in such cases one record shall
have been, or may hereafter be, filed by either
party in the Supreme Court, both appeals shall
be heard thereon by the court in the same manner
as if records had been filed by the appellants in
both cases. It further provides that the district
attorney of the United States of any district in
California may transcribe and certify to the Su-
preme Court of the United States the records of
the district court of his proper district in all land
cases wherein the United States is a party, upon
which appeals have been or may be taken to the
Supreme Court; and records so certified by such
district attorney under his hand, and filed in the
Supreme Court, shall be taken as true and valid
transcripts, to the same intent and purpose as if
certified by the clerk of the proper district court;
and the district attorneys for California are to be
authorized to employ such clerks, not exceeding
three in number, as may be necessary to tran-
scribe the records, at a compensation not exceed-
ing $150 per month, to be paid out of the appro-
priation for special and other extraordinary
expenses of California land claims.

Mr. COX. I think that bill should be referred
to the Committee on Private Land Claims; and I
object.

Mr. BLAIR, of Pennsylvania. I appeal to the
gentleman from Ohio to withdraw his objection
until I make a statement which has been furnished
by the Attorney General with reference to the ne-
cessity of the immediate passage of this bill. The
object of this bill is to enable the Government to
obtain the transmission of the record in all cases
in California arising from these land claims with-
out subjecting the Government to the extraordi-
nary expenses which it has been subjected to in
obtaining the records. It is well known that, owing
to the extensive frauds perpetrated by private land
agents in California-unparalleled on this conti-
nent-it has become necessary for the Attorney
General, in all cases, without discrimination, to
direct appeals to be entered whenever the decision

is adverse to the interests of the Government. The
records are often voluminous, extending in sev-
eral instances to large printed volumes; and the
Government is subjected to the expense, not only
of printing these records, but to the additional
extraordinary expenses of the clerk of the court
under the fee bill, extending to several thousand
dollars for a single record. In 1858 these griev-
ances were so obvious, that Congress provided
that the clerks of the office of the district attorney
That
should make up the record in these cases.
law, however, expired by its own limitation. This
bill proposes to revive the law of 1858; and I per-
ceive, since it has come from the Senate, that they
have extended it to all cases in California.

There is another mischief, Mr. Speaker, and
a very obvious one, which this bill is designed to
meet and cure; that is, the necessity in all cases
where an appeal is entered by both parties, to file
duplicate copies of the record. This is unneces-
sary, one copy being ordinarily sufficient; and I
suppose that, in such cases, both parties would
consent to have but one record. In a celebrated
case that has been brought to my notice-the New
Almaden quicksilver-mines case-involving the
title of real estate, estimated to be worth at least
$1,000,000 dollars a year, the Government has
found it impossible to procure this assent from the
claimants. How far the personal interest of the
clerk of the district court may be concerned in this,
I know not; but this I do know, that the clerk
refuses-notwithstanding the Government has ex-
pended $15,000 in the preparation and printing of

the record-to certify a duplicate copy, unless he is paid $3,400 in advance. The effect of this will be, as I learn, that if he were paid the $3,400 today for this copy of the record, he would simply attach his certificate and the seal of the court to the

volume already printed at the expense of the Government, and would receive this enormous compensation for what, in good conscience and honesty, he would not be entitled receive more than a nominal compensation. Besides this, I am advised by the Attorney General, in a letter which I hold in my hand, that the appeal in this New Almaden case will be lost, owing to the lapse of time, together with appeals in other cases, unless the bill is passed. I hope, therefore, that no obstacle will be presented to its passage.

Mr. JOHNSON. I did not understand the gentleman to state wherein it was necessary to make the district attorney the actual clerk of the court to certify the records; why we should change the order of things in that regard.

Mr. BLAIR, of Pennsylvania. It is only in reference to these California land claims, that the district attorney is authorized to copy the record and to employ clerks for that purpose, at a great saving to the Government. This provision does not extend to all cases, but to this particular class of cases, in which the Government is specially interested-cases which arise under special acts of Congress. I move the previous question.

Mr. COX. I have not withdrawn my objection. I do not think this the proper time to discuss, much less to examine, a bill of the importance of this one. It ought to go to the Committee on Private Land Claims, and be thoroughly investigated next session.

Mr. BLAIR, of Pennsylvania. I will send to the Clerk's desk a letter from the Attorney General, setting forth the necessity of passing this bill.

The letter was read, as follows:

ATTORNEY GENERAL'S OFFICE, July 31, 1861. SIR: The passage of the bill relative to appeals in California land cases, prepared by the Assistant Attorney General, Mr. Coffey, and now in the Senate, is of great importance to the Government. Appeals are now taken by the United States in all the California land cases in which the decision is adverse to her. This is necessary, in order that the record may be sent up here for examination, and injustice to the Government, through carelessness or fraud, prevented. These records are numerous, and always voluminous. To prepare them involves large expense to the Government. The purpose of this bill is to relieve the Government of a great part of that expense.

As an illustration, I refer you to the celebrated New Almaden case. In that case, involving the title to a quickislver mine, worth, at a low estimate, $1,000,000 a year, an appeal has been taken from the decision of the district court by both parties. The claimants have filed a transcript of the record, (contained in several large printed volumes,) and refuse to agree that that record shall be used in both appeals. The clerk of the district court refuses to make out or certify a transcript of the record for the Government, unless he is paid $3,400 in advance. I am informed that even if he were paid this large sum, the only record we would obtain would be a copy of the printed volumes above mentioned, with the clerk's certificate and seal attached. This record was printed by the Government at a cost of $15,000; so that the clerk would receive $3,400 for work already done at the expense of the Government. And yet we have no method of compelling the clerk to certify the record without compliance with his terms, since he holds his office by appointment of the court; and in two or three months the time for appeal will have elapsed, and if the record be not filed, the Government will lose not only the inine, but the large sums already paid for costs.

To remedy this, the bill proposes, first, to make the appeal of both parties valid on filing a copy of the record by one party. This is open to no objection, for the one tran script exhibits all that two could show.

Second, it revives a provision of the act of June 2, 1858, (11 Statutes at Large, p. 307,) which authorized the district attorney to have these records made out by clerks employed at a salary for that purpose, which is much the cheaper and more reliable method. This act is now necessary, because the act of 1858 expired by limitation on March 3, 1859. The penalty annexed is put in, because it is necessary that these records should be promptly obtained.

This bill requires no additional appropriation, as the salaries of the clerks employed by the district attorney are to come out of money already appropriated for the California land cases. The purpose of the bill is simply to relieve the Government of the necessity of paying exorbitant sums for copies of these records.

The passage of the bill is necessary at this time, because several of these records, including the New Almaden record, must be filed within three or four months, or the appeal will be lost.

I am, very respectfully, your obedient servant, EDWARD BATES, Attorney General. Hon. S. S. BLAIR, Chairman of the Committee on Private Land Claims, House of Representatives.

Mr. COX. I withdraw my objection to the bill, and fix the responsibility of it on the Govern

[blocks in formation]

main question ordered; and under its operation the bill was read the third time, and passed.

MESSAGE FROM THE SENATE.

A message was received from the Senate, by Mr. FORNEY, its Secretary, notifying the House that the Senate had agreed to the amendments of the House to the bill (S. No. 69) to increase the pay of the non-commissioned officers, musicians, and privates of the regular Army, volunteers, marines, and seamen in the service of the United States.

Also, that the Senate had agreed to the amendment of the House to the bill (S. No. 54) requiring an oath of allegiance, and to support the Constitution of the United States, to be administered to certain persons in the civil service of the United States.

Also, that the Senate had agreed to the amendments of the House to the bill (S. No. 65) to authorize an increase in the corps of engineers and topographical engineers.

Also, that the Senate had concurred in the bill (H. R. No. 86) to punish certain crimes against the United States.

Also, that the Senate had passed a bill (No. 72) to increase the pay of the privates in the regular Army and in the volunteers in the service of the United States, and for other purposes; in which he was directed to ask the concurrence of the House.

Also, that the President of the United States had notified the Senate that he had approved and signed bills and a resolution of the following

titles:

An act (S. No. 41) supplementary to an act entitled "An act to authorize a national loan, and for other purposes;"

rolled Bills, reported as truly enrolled bills of the following titles; when the Speaker signed the

same:

A bill (S. No. 69) to increase the pay of the non-commissioned officers, musicians, and privates of the regular Army, volunteers, marines, and seamen in the service of the United States;

A bill to provide for holding the district and circuit courts in judicial districts during a temporary vacancy in the judgeship;

An act authorizing additional enlistments in the Navy of the United States; and

An act making further appropriations for the support of the naval service for the year ending June 30, 1862, and for other purposes.

LONG BRIDGE-AGAIN.

Mr. ASHLEY. I hope now there will be no objection to discharging the Committee of the

Whole on the state of the Union from the consideration of the bill for the construction of the

A bill (S. No. 54) requiring an oath of allegiance, and to support the Constitution of the Uni-Long Bridge. ted States, to be administered to certain persons in the civil service of the United States;

A bill (S. No. 59) in relation to the office of attorney of the United States for the southern district of New York;

A bill (S. No. 67) explanatory of an act entitled "An act concerning the Attorney General and the attorneys and marshals of the several districts;"

A joint resolution (S. No. 16) authorizing an examination of James's projectiles for rifled

cannon;

A bill (S. No. 65) to authorize an increase in the corps of engineers and topographical engineers; A bill to confiscate property used for insurrectionary purposes; and

A bill (H. R. 101) to promote the efficiency of the engineer and topographical engineer corps, and for other purposes.

COMMUNICATION WITH THE ENEMY.

Mr. BINGHAM. I hold in my hand a bill which has been read the first and second time, and referred to the Judiciary Committee. That committee has not had an opportunity to pass An act (S. No. 53) to prohibit the sale of spirit-ish certain unlawful communications with the upon it. It is a bill to define, prohibit, and punuous liquors and intoxicating drinks in the District of Columbia in certain cases;

An act (S. No. 58) supplementary to an act entitled "An act to increase the present military establishment of the United States," approved July 29, 1861;

An act (S. No. 64) to reduce the consular fees for vessels running to or between foreign ports; and A joint resolution (S. No. 5) to pay to the widow of the late Stephen A. Douglas the amount due to him as a Senator at the time of his death.

INCREASE OF PRIVATES' PAY.

Mr. STEVENS. I move to take from the Speaker's table Senate bill No. 72, to increase the pay of the privates in the regular Army, and in the volunteers in the service of the United States, and for other purposes.

Mr. CRISFIELD. I object to the consideration of that bill.

Mr. STEVENS. I hope gentlemen will not object. If the bill cannot be passed now, there will be a called session within twenty-four hours. Mr. VALLANDIGHAM. I desire to ask the chairman of the Committee of Ways and Means a question in reference to this bill. I desire to know how this bill comes back here, after the House passed it yesterday?

Mr. STEVENS. This is a new bill. The SPEAKER. It is an original Senate bill. Mr. VALLANDIGHAM. I do not understand the matter yet.

The SPEAKER. The Senate has just sent this bill to the House, and asks the concurrence of the House in it.

Mr. VALLANDIGHAM. We concurred in a similar bill yesterday.

Mr. MORRILL, of Vermont. I will inform the gentleman, by leave of the House. I believe this is identically the bill that passed the House, with this exception: that, instead of increasing the pay of privates four dollars per month, this bill increases it but two dollars per month. I suppose that if this bill should not pass, Congress would be called back.

Mr. VALLANDIGHAM. It is very easy for the House to recede from its amendment to the bill passed yesterday; and that will leave it all right.

Mr. STEVENS. That bill, with the amendments, was lost in the Senate.

The SPEAKER. Is there any objection to taking up the bill?

Mr. CRISFIELD. I have objected to it.

ENROLLED BILLS.

Mr. GRANGER, from the Committee on En

enemy. I ask that the House will allow the bill to be read and passed.

Mr. VALLANDIGHAM. I object. To communicate with the enemy is treason already, and I desire the law to remain as our fathers made it.

Mr. BINGHAM. Communication in writing may not be treason. There is a special saving in the statute itself of anything that is treason already, so that the gentleman from Ohio has not answered the point.

Mr. VALLANDIGHAM. I object to the bill.

LONG BRIDGE.

Mr. ASHLEY. I desire to take up Senate bill (No. 46) appropriating $220,000 for the rebuilding of the Long Bridge across the Potomac, which was reported some days ago from the Committee for the District of Columbia, and sent to the Committee of the Whole on the state of the Union.

The bill was read by its title, as follows: An act to provide for the construction of a bridge across the Potomac river.

Mr. F. A. CONKLING. I object. Mr. ASHLEY. I desire to make a single statement to the gentleman from New York.

Mr. F. A. COÑKLING. I have been unable to hear a single word of what has been going on; and I give notice that I will object to every thing that I cannot hear.

Mr. ASHLEY. I desire to state that I have a letter here from General Meigs, which says that an appropriation for the purpose of keeping the present bridge in repair is absolutely necessary. He says that the sum of $220,000 for building a new bridge would be wholly inadequate for the construction of such a bridge as the bill proposes. If the House will indulge me in taking the bill up, I will move to strike out the provision for building a new bridge, and move to increase the appropriation for the repair of the present structure from $10,000 to $100,000.

MESSAGE FROM THE PRESIDENT.

A message was received from the President, by Mr. NICOLAY, his Private Secretary, informing the House that he had this day approved and signed bills of the following titles:

An act authorizing the construction of twelve small side-wheel steamers;

An act making an appropriation to defray the expenses of investigating committees of the House and Senate, appointed at the first session of the Thirty-Seventh Congress, and of the commission authorized to examine and report as to the compensation of the various officers of the Govern

ment;

There being no objection, the bill was brought before the House for consideration.

Mr. ASHLEY. I now move to strike out the first section of the bill, which provides for the construction of a new bridge, and to increase the appropriation in the second section for the repairs of the present structure from $10,000 to $100,000.

Mr. F. A. CONKLING. Ďo I understand the motion to be to strike out $10,000, and insert $100,000?

The SPEAKER. That is the latter portion of the gentleman's motion.

Mr. F. A. CONKLING. I have objected to the consideration of the bill at all, and I have not withdrawn my objection.

ENROLLED BILL.

Mr. GRANGER, from the Committee on Enrolled Bills, reported that the committee had examined and found truly enrolled a bill to punish certain crimes against the United States; when the Speaker signed the same.

LONG BRIDGE-AGAIN.

Mr. STEELE, of New York. I desire to state to the House that the Committee for the District of Columbia had this subject under consideration, and came to the conclusion that $10,000 is sufficient to be appropriated at this time for repairs of the Long Bridge.

Miegs that $10,000 will not keep the bridge in Mr. ASHLEY. I am informed by General repair three months.

Mr. F. A. CONKLING. I call the attention of the Chair again to the fact that I have not withdrawn my objection to the bill.

The SPEAKER. The Chair thinks the gentleman's objection comes too late. The Chair put the question to the House, looking directly to the gentleman from New York, if there was objection to the consideration of the bill, and no one objected.

Mr. McCLERNAND. Do I understand the gentleman moves to increase the appropriation from $10,000 to $100,000 for repairs merely? Mr. ASHLEY. Yes, sir.

Mr. McCLERNAND. Is not $10,000 enough for that purpose?

Mr. ASHLEY. No, sir; General Meigs says it is not enough to keep the bridge in repair for three months.

Mr. MOORHEAD. If the House will hear a single statement, I think there can be no difficulty about this matter.

Mr. F. A. CONKLING. I rise to a question of order. I want to know if this bill can be considered in the face of my objection, which I have not withdrawn?

The SPEAKER. The Chair overrules the question of order, and decides that the gentleman did not object in time.

Mr. F. A. CONKLING. I find myself, then, under the very disagreeable necessity of appealing from the decision of the Chair.

The SPEAKER. The Chair decides that the appeal comes too late. The bill is before the House for consideration, and it is too late to raise the question of its reception.

Mr. ASHLEY. In order to satisfy gentlemen who think $100,000 is too much for this purpose, I will vary my motion, so as to make the appropriation $20,000. I think there can be no objection to that amount.

Mr. ALLEY. If the gentleman from Ohio will yield a moment, I will explain this matter so that there will be no objection. I think General Meigs stated to me this morning that the appropriation of $220,000 would be entirely inadequate to build even a small portion of the bridge, as it must cost over a million dollars to build it as proposed; and also, that $10,000 was entirely too small a sum to repair it so that it would be reasonably safe. He thought $100,000 as small a sum as would answer

to repair it properly; and that it would, in his judgment, be far better, so far as army purposes were concerned, to repair the present bridge thoroughly than to build a new one at such a vast expenditure.

Mr. ASHLEY. I now move the previous question on the bill.

The previous question was seconded, and the main question ordered to be put.

The amendment was agreed to.

The bill, as amended, was ordered to a third reading; and was accordingly read the third time, and passed.

On motion of Mr. ASHLEY, the title of the bill was amended so as to read "An act to provide for repairs of the Long Bridge across the Potomac river.

[ocr errors]

The title as amended was then agreed to.

INCREASED PAY OF PRIVATES, ETC. Mr. STEVENS. I again appeal to the gentleman who objected to the consideration of the bill for increasing the pay of privates in the regular Army and of volunteers, to withdraw that objection. I understand the bill passed by this House was laid on the table in the Senate. This is a new bill which has passed the Senate, and if we adjourn without passing it, it will cause very great inconvenience, and perhaps create the necessity of our being called back in another extra session. Mr. CRISFIELD. I withdraw my objection. Mr. JOHNSON. I object.

Mr. STEVENS. I move to suspend the rules. The question was taken; and the rules were suspended, (two thirds having voted therefor.)

ation.

[blocks in formation]

I have the honor to state that four thousand three hundred and seven assistant marshals have received their first payment, being one half the amount certified by the marshals to be due these officers for their services in taking the eighth census. Second and final payment has been made to eleven hundred, and receipts are now in transitu to and from four hundred more for final payment, which will be made in these cases as their vouchers come to hand. Up

to this date there has been paid to these officers the sum of $757,264 65, being $108,867 52 more than was paid at a corresponding period for taking the seventh census. Final payments are being made daily, as fast as our requisitions are honored at the Treasury, and in the order wherein the United States marshals certified to the completion of their duties.

Some faint idea of the labor attendant upon the settlement of these accounts may be formed from a knowledge of the fact that they involve an examination of more than thirty-five million separate items comprising the basis of payment, and this office is restricted by the twenty-first section of the law to a careful examination of these entries previous to completing the pay of the assistants. Some accounts are suspended, awaiting the amendment of unsatisfactory returns, but the majority have not yet been reached in their regular order for final settlement. Payments have necessarily been suspended for a short time on several occasions, on account of the want of funds at the Treasury.

In my opinion, all these accounts will be balanced on the books of this office in ninety days, and final payments (except in cases suspended by the action of the assistants) may reasonably be expected prior to the 1st of January. I have the honor to be, your obedient servant, JOSEPH C. G. KENNEDY, Superintendent.

Hon. CALEB B. SMITH, Secretary.

ANNALS OF CONGRESS.

Mr. WALTON, of Vermont. I am directed by the Committee on Printing to report the fol

Resolved, That the Clerk of the House be directed to purchase, for the use of the Library of the House of Representatives, by the meeting of the next session of Congress, one hundred sets of the "Annals of Congress and Register of Debates," at a price not exceeding that heretofore paid for said works.

[blocks in formation]

The communications are as follows:

WAR DEPARTMENT, August 5, 1861. SIR: In compliance with the resolution of the House of Representatives of the 27th ultimo, I have the honor to transmit herewith "a copy of the letter and report of the Hon. Joseph Holt to the President of the United States, dated the 18th February, 1861, in response to a resolution of the House of Representatives of the 11th of said month, requesting the reasons for assembling the United States troops at the seat of Government of the United States." 1 am, very respectfully, your obedient servant,

Hon. GALUSHA A. GROW,

THOMAS A. SCOTT, Acting Secretary of War.

Speaker House of Representatives.

WAR DEPARTMENT, February 18, 1861. SIR: On the 11th February, the House of Representatives adopted a resolution requesting the President, if not incompatible with the public interests, to communicate "the reasons that had induced him to assemble so large a number of troops in this city, and why they are kept here; and whether he has any information of a conspiracy upon the part of any portion of the citizens of this country to seize upon the capital and prevent the inauguration of the President elect."

This resolution having been submitted to this Department for consideration and report, I have the honor to state, that the body of troops temporarily transferred to this city is not large, as is assumed by the resolution, though it is a well appointed corps and admirably adapted for the preservation of the public peace. The reasons which led to their

The report of the committee was read, as follows: being assembled here will now be briefly stated.

The bill was thereupon taken up for considerIt proposes to increase the pay of the pri-lowing resolution: vates to thirteen dollars a month; and also extends the provisions of the act "for the relief of the Ohio and other volunteers" to all volunteers, no matter for what term of service they may have been accepted. It also directs that all the acts, proclamations, and orders, of the President of the United States, after the 4th of March, 1861, respecting the Army and Navy of the United States, and calling out or relating to the militia or volunteers from the States, are hereby approved and in all respects legalized and made valid to the same intent and with the same effect as if they had been issued and done under the previous express authority and direction of the Congress of the United States.

The bill was read a first and second time, and was ordered to a third reading. It was read the third time, and passed.

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

CENSUS TAKERS.

Mr. ALLEN. I ask the unanimous consent of the House to order that the communication received this morning from the Secretary of the Interior, in reference to the pay of deputy marshals for taking the census, be printed in the Globe.

There was no objection, and it was so ordered. The communication is as follows:

DEPARTMENT of the Interior, WASHINGTON, August 5, 1861. SIR: In response to a resolution of the House of Representatives of the 3d instant, in the following words:

"Resolved, That the Secretary of the Interior be requested to inform this House why it is that a portion of the persons engaged in the loyal States in 1860 in taking the census, as deputy marshals, have not been paid; and when payment to such persons may be reasonably expected. EM. ETHERIDGE, Clerk."

"Attest:

I herewith transmit a statement of the Superintendent of the Census, explanatory of the reasons why it is that a portion of the persons engaged in the loyal States in taking the census as deputy marshals have not been paid; and also his statement respecting the period when payment to such persons may reasonably be expected.

Hon. GALUSHA A. GROW,

I have the honor to be, your obedient servant, CALEB B. SMITH, Secretary. Speaker of the House of Representatives. CENSUS OFFICE, DEPARTMENT OF THE INTERIOR, WASHINGTON, August 5, 1861. SIR: In reply to the resolution of the House of Representatives of the 3d August, (which has just been received,) in the following words, viz: "Thirty-Seventh Congress-first session. Congress of the United States.

"IN THE HOUSE OF REPRESENTATIVES, “August 3, 1861.

"Resolved, That the Secretary of the Interior be requested to inform this House why it is that a portion of the persons

*

The Committee on Printing, to which was referred the petition of Gales and Seaton, for the purchase of one hundred or more sets of the Debates, proceedings and statistics of Congress from 1789 to 1837, for the use of the library of the House, submits the following report:

The petitioners state that they "have on hand a large number of copies of the work, which it would be a material relief to them under the great depression of their business, brought on by the secession of the southern States and the consequent deranged state of all private affairs, to dispose of." But they have a double proprietorship in the work, the materials having been furnished by the reports and labors of the petitioners for nearly half a century, and without any compensation from the Government, other than what has been derived from the copies heretofore purchased. The committee is therefore unanimously of the opinion that if an additional supply is to be ordered, justice requires that the purchase should be made of the petitioners.

From a letter of the Clerk of the House of Representatives, accompanying this report, it appears that there are now eighty-five complete sets of the work in the Library; that each set consists of seventy-one volumes and costs $355; and "that an additional number will be required to enable the library to furnish a set of the debates to each member, during the session of Congress, at his lodgings." One hundred additional copies will supply each member of the present Congress a set for reference at his room, and leave thirteen copies for use in the library.

In the multitude of claims, and of delicate and important questions, hereafter to arise out of the present war, the members of the House may well be disposed to consult early established principles and precedents, and it will perhaps be just to anticipate that there will be an enlarged demand for this work. In this view of the subject, and in the ordinary state of the Treasury, the committee would unhesitatingly recommend the purchase of one hundred additional copies. This would incur an expenditure of $35,500, to be provided for at the next session of Congress. This large expenditure at the present time embarrasses a question which would otherwise be clear. The Committee therefore reports the following resolution, and submits the question to the judgment of the House.

Mr. WALTON, of Vermont. There are only about eighty-five copies of the proceedings and debates in Congress, from 1789 to 1836, when Rives's Globe begins, now in the library of the House of Representatives; and if members of Congress did their duty in the various delicate and important questions which arise in this war, they would constantly consult these "Annals of Congress;" and to do that, there must be more copies of the work in our library. If this order is made, it will require an expenditure of $35,500. We doubt whether we ought to expend that amount in the present condition of the Treasury, although we believe this book ought to be ordered. I demand the previous question.

Mr. TRIMBLE moved that the resolution be laid upon the table.

I shall make no comment upon the origin of the revolution which, for the last three months, has been in progress in several of the southern States, nor shall I enumerate the causes which have hastened its advancement or exasperated its temper. The scope of the question submitted by the House will be sufficiently met by dealing with the facts as they exist, irrespective of the cause from which they have proceeded. That revolution has been distinguished by a boldness and completeness of success rarely equaled in the history of civil commotions. Its overthrow of the Federal authority has not only been sudden and widespread, but has been marked by excesses which have alarmed all and been sources of profound humiliation to a large portion of the American people. Its history is a history of surprises and treacheries and ruthless spoliations. The forts of the United States have been captured and garrisoned, and hostile flags unfurled upon their ramparts. Its arsenals have been seized, and the vast amount of public arms they contained appropriated to the use of the captors; while more than half a million dollars, found in the mint at New Orleans, has been unscrupulously applied to replenish the coffers of Louisiana. Officers in command of revenue cutters of the United States have been prevailed on to violate their trusts and surrender the property in their charge; and instead of being branded for their crimes, they, and the vessels they betrayed, have been cordially received into the service of the seceded States. These movements were attended by yet more discouraging indications of im morality. It was generally believed that this revolution was guided and urged on by men occupying the highest positions in the public service, and who, with the responsibilities of an oath to support the Constitution still resting upon their consciences, did not hesitate secretly to plan, and openly to labor for, the dismemberment of the Republic whose honors they enjoyed and upon whose Treasury they were living. As examples of evil are always more potent than those of good, this spectacle of demoralization on the part of States and statesmen could not fail to produce the most deplorable consequences. The discontented and the disloyal everywhere took courage. In other States, adjacent to and supposed to sympathize in sense of political wrong with those referred to, revolutionary schemes were set on foot, and forts and arms of the United States seized. The unchecked prevalence of the revolution, and the intoxication which its triumphs inspired, naturally suggested wilder and yet more desperate enterprises than the conquest of ungarrisoned forts or the plunder of an unguarded mint. At what time the armed occupation of Washington city became a part of the revolutionary programme, is not certainly known. More than six weeks ago, the impression had already extensively obtained that a conspiracy for the accomplishment of this guilty purpose was in process of formation, if not fully matured. The earnest endeavors made by men known to be devoted to the revolution, to hurry Virginia and Maryland out of the Union, were regarded as preparatory steps for the subjugation of Washington. This plan was in entire harmony with the aim and spirit of those seeking the subversion of the Government, since no more fatal blow at its existence could be struck than the permanent aud hostile possession of the seat of its power. It was in harmony, too, with the avowed designs of the revolutionists, whieli looked to the formation of a confederacy of all the slave States, and necessarily to the conquest of the capital within their limits. It seeined not very indistinctly prefigured in a proclamation made upon

« PreviousContinue »