1876. congressional record-rouse. 5419 - …. congressional record-rouse. 5419 house of...

1876. CONGRESSIONAL RECORD-ROUSE. 5419 HOUSE OF REPRESENTATIVES.

THURSDAY, August 10, 1876. The Honse met at twelve o'clock m. Prayer by the Chaplain, Rev.

I. L. TOWNSEND. · The Journal of yesterday was read and approved.

MESSAGE FROM THE SENATE. A message from the Senate, by Mr. SYMPSON, one of their clerks, an

nounced that the Senate had agreed to the amendment of the House to the resolution of the Senate to print four thousand copies of the revort of the Special Committee to Investigate the Late Elections in M1ssissippi. .

The message also announced that the Senate had disagreed to the amendments of the House to the bill (S. No. 1021) allowing the Pacific Mail Steamship Company to carry the mails in their new iron steamships, asked a conference with the House on the disagreeing votes of the two Honse8 thereon, and had appointed as conferees on the part of the Senate Mr. JONES of Nevada, Mr. DAWES, and Mr. KEY.

PROTBCTION OF RIGHT OF SUFFRAGE. Mr. LORD. I ask unanimous consent to have a resolution read. The Clerk read as follows: Whereas the right of suffrage prescribed by the constitutions of the several States

is subject to the fifteenth amendment of the Constitution of the United States, which is as follows:

"ABTICLE XV. "SEOTION 1. The right of citizens of the United States to vote shall not be denied

or abridged by the United States or by any State on account of race, ·color, or pre-vious condition of servitude. · .

"SEC. 2. The Congress shall have power to enforce this article by appropriate legislation."

. and whereas the exercise of the right of suffrage so prescribed and regulated should be faithfully maintained and observed b:ytlie United States and the several States and the citizens thereof ; and whereaa it 1s asserted that the exercise of the right of suffrage is in some of the States, notwithstanding the efforts of all good citizens to thecontraryt resisted and controlled by fraud, intimidation, and violence. so that in such cases tne object of the amendrilent is defeated; and whereas aU citizens, without disiinc~on of race, or class, or color,.are entitled to the protection conferred by such article: Therefore,

Be it resolved by the House of Representatives That all attempts by force, fraud, terror1 intimidat!on, or otherwise to prevent the free exercise of the right of suffrage m any State should meet with certain, condign, and effectual punishment, and that in any case which has ht;retofore occurred or that may hereafter occur in which violellce or murder has been or shall be committed by one race or class upon the other, the .Prompt prosecution and punishment of the criminal or crim.inals in any court havmg jurisdiction is imperatively demanded, whether the crime be one punishable by fiD.e or imprisonment or one demanding the penalty of death.

Mr. LORD. I move the adoption of that resolution. Mr. KASSON. I second the motion. Mr.·CONGER. I object to the resolution. · Mr. BEEBE. I rise to make a privileged report from the Commit-

tee on Expenditures in the Navy Department. Mr. LORD. I understand the gentleman from Michigan [Mr. CON

GER] is willing to withdraw his objection to the resolution. · Mr. CONGER. I would like to have the resolntic:m read again.

The preamble and resolution :were again read. · The SPEAKER pro tentpore. Is there objection to the consideration

of the resolution at this time f Mr. REAGAN. I simply want to say that, a.s I understand, the pre

amble affirms a condition of things the existence of which may be controverted. If so, I do not want to vote to affirm a state of facts of which we have no knowledge.

Mr. LORD. The preamble merely declares that " it is asserted that the exercise of the right of suffrage is resisted," &c.

Mr. COX. I suggest to my colleague [Mr. LoRD] that he strikeout the preamble. We should allow the States to take care of this mis-chief, which is local. .

Mr. LORD. This proposition has been submitted to a great many gentlemen from the South, among them the distinguished gentleman from Virginia, [Mr. TUCKEB,] who, though he thought no resolution necessary, suggested the first part as to the :fifteenth amendment. The whole preamble was added, save one clause, to satisfy southern members. The resolution simply states the provision of the Constitution just as it is, and asserts that in the North and the South alike there should be protection for the free exercise of the right of suffrage under that constitutional provision, of course by the States, unless a State or States should refuse, when further legislation would be necessary. I think the resolution should be adopted unanimously.

Several MEMBERS. Let us have the yeas and nays. Mr. CLYMER. My judgment is that this ought to go to a com

mittee. Mr. LORD. I demand the previous question, and shall call the

yeas and nays on the adoption of the resolution. Mr. CLYMER. Pending that I move that the resolution be re

ferred to the Committee on the Judiciary. . The SPEAKER pro tentpore. The demand for the previous question

takes prepedence. The question being taken on seconding the demand for the previ

ous question, there were-ayes 83, noes 53; no quorum voting. Tellers were ordered; and Mr. LORD and Mr. CLYMER were ap

pointed. Mr. BLAND. I ask that the resolution be again read. The preamble and resolution were again read.

Mr. BLAND. I think that this proposition ought to be discussed. Mr. CLYMER. Is it possible to vote separately upon the preamble

and the resolution f The SPEAKER pro tempore. The Honse is now dividing. The House divided; and the tellers reported-ayes 79, noes 19 ; no

quorum voting. Mr. BLAND. . I call for a further count. Mr. HOAR. I make the point of order that the objection that there

is no quorum can only be made by a gentleman rising in his seat. Mr. BLAND. Well, I rise in my seat and make the objection. · The SPEAKER pro tempore. The point of order of the gentleman

from Massachusetts [Mr. HoAR] is very well taken, and if uniformly enforced would save the Chair infinite trouble. Gentlemen frequently complain that they have not been recognized, when the difficulty is that they have not arisen from their seats. If a gentleman rises in his seat to address the Chair, the Chair is very likely to see him. The point is made that no quorum has voted upon the count by tellers.

Mr. STEVENSO~. I move a call of the House. Mr. HOAR. My point of order is that the objection of the gentle

man from Missouri [Mr. BLAND] should be taken by him rising in his seat, so that it may be recorded.

The SPEAKER pro tempore. It has been so done. Mr. BLAND. I believe I rose in my seat to object. I simply desire

that the previous question may be voted down and that we may have some discussion upon a resolution of this importance. I do not say that I will vote against the resolution.

The SPEAKER pro tentpore. The matter is not subject to discussion now.

Mr. CLYMER. I rise to a question of order. Mr. KASSON. Is there any motion in order except to move that

there be a call of the Honse ! The SPEAKER p1·o tempore. The motion to adjourn is in order, or

a demand for the yeas and nays. · Mr. KASSON. · But not on seconding the demand for the' previous

question. Consequently I move that there be a call of the Honse. The SPEAKER pro tentpore. The gentleman i8 correct, only two

motions are in order, to adjourn and that there be a call of the Honse. Mr. CLYMER. I rise to a question of order, and it is that my mo

tion to refer was made before the gentleman from New York de-manded the previous question. ·

The SPEAKER pro tempore. It is not in order pending the demand for the previous question, and the gentleman from Iowa declines to yield for that purpose. •

Mr. KASSON. I ask for a vote on my motion that there be a call of the House.

Mr. HOAR. I ask leave to make a suggestion. The gentleman from Missouri [Mr. BLAND] says he desires discussion on the resolution and does not know whether he will vote against it or not. I suggest to the gentlemanfrom New York to agree by unanimous consent there shall be discussion on the resolution for half an hour.

Mr. EDEK. I object. . . The SPEAKER pro tentpore. This can only proceed by unanimous

consent. . Mr. HOAR. The Chair always entertains such a proposition. Mr. EDEN. I object to debate and demand 'the regn1ar order. The SPEAKER pro tempore. The Chair would be glad to entertain

any proposition, but objection is made and there is a demand for the regular order. The question is on the motion of the gentleman from Iowa that there be a call of the House.

The Honse divided; and there were-ayes 69, noes 46. So the motion was agreed to. The Clerk proceeded to call the roll; and the following members

failed to answer to their names : Messrs. Abbott, Adams, Bass, Bell, Blackburn, Bliss, Blount, Buckner, Samuel

D. Burchard, William P. Caldwell, Campbell, Candler, Cason, Caulfield, Chapin, Chittenden, Collins, Cowan, Crapo, Culberson, DeBolt, Denison, Dobbins, Dunnell, Ellis, Ely, Faulkner, Fuller, Gause, Gibson, Glover, Gi>ode, Goodin, Robert Hamilton, Haralson, Henry R. Harris, Harrison, Ha.rtridge, Hatcher, Hathorn, Hays, Hendee, Henkle, AbramS. Hewitt, Ilill, ·Hoge, Holman, Hoskins, Hubbell, Hunter, Hurlbut, Jenks, Frank Jones, Thomas L. Jones, Kelley, King, Lamar, George M. Landers, Lane, Leavenworth, Le Moyna, Mackeyl ¥a-ish, Meade, Milli· ken, Money, Neal, O'Brien, Oliver, O'Neil, Phelps, John F. Philips, Plaisted, Platt. Powell, Purman, R&ndall, James B. Reilly. Sobieski Ross, Scales, Schumaker, Seelye, SmallsJ.. Southard, Sparks, StowellbSwann, Tease, Martin I. Townsend, Tucker, Waldron, tiharles C. B. Walker, Gil ert C. Walker, Alexander S. Wallace, John W. Walla.ce, Wa.lliDg, Wash, Ward, Warren, G. Wiley Wells, Wheeler, White, Whitehouse, Whitthorne, Wike, Andrew Williams, Charles G. Williams, Benjaman Wilson, Alan Wood, jr., Fernando Wood, Woodworth, and Young.

Mr. FELTON. I desire to state that my colleague, Mr. HARTRIDGE, is sick in bed.

The SPEAKER pro tempore. It is not time to offer excmes.

ARTIFICIAL LIMBS.

The SPEAKER pro tempore. The Chair, by unanimous consent, will announce the managers of the conferen~ on the part of the House on the disagreeing votes of the two Houses on the bill (H. R. No. 1516) to regulate the issue of artiftciaJ limbs to disabled soldiers, seaman, and others, as follows : Mr. RusK, Mr. RICE, and Mr. BAGBY.

PROTECTION OF RIGHT OF SUFFRAGE. Mr. KASSON. Mr. Speaker, how many members have a~wered to

their names f ~he SPEAKER pro tempore. One h~dred and seventy-three.

5420 CONGRESSiONAL RECORD-HOUSE. Auatrs~ 1 ,

Mr. KASSON. That is more than a quorum; and therefore I move that all further proceedings onder the call be dispensed with.

The motion was agreed to. Mr. KASSON. I now ask that the tellers take their places. The SPEAKER pro tempore. The tellers will resume their places;

and the question is on seconding the demand forth~ previous question.

The tellers resumed their places; and the House again divided. Mr. HALE. I notice my amiable friend from New York [Mr. Cox]

i8 present and not voting. Mr. COX. That side does not run the House altogether. I wish to

say to my friend that I am ready to vote on this resolution-Yr. CONGER. I object to debate. Mr. COX. Why do you not close up your OWl:! side f Mr, HALE rose, and his remarks were rendered inaudible to the

reporter by the beating of the Speaker's gavel. The SPEAKER pro tempore. The gentleman from. Maine is entirely

out of order. Mr. COX. I do not vote at the dictation of the other side. Mr. HALE. I hope the gentleman will be allowed to go on. The SPEAKER pro tempore. The Chair most insist on order in the

Hall. · Mr. COX. When gentlemen are called to order, are they not com

pelled to be seated I The SPEAKER pro tempore. They are requested to take their seats,

and the gentleman from Maine will be kind enough to ~e his seat.

Mr. HALE. If the Chair will be kind enough, I will say that I have known the question raised before, and that is the reason why I raised it now.

Mr. EDEN. I call the gentleman to order. The SPEAKER pre tempore. The gentleman from Illinois is out

of order himself. Mr. EDEN. Have I not a right to make a point of orderf The SPEAKER pro tempore. Yon have, but only from your own

seat. The Chair has requested gentlemen to take their seats. On the question of seconding the demand for the previous ques

tion, the tellers report-ayes 00, no.es 21. Several MEMBERS. No quorum. Mr. KASSON. Let gei,J.tlemen who make the point that there is no

quorum rise from their seats. Mr. REAGAN. I rise in my place and make the point that no quo-

urn has voted. · Mr. KASSON. Then nothing is left but again to move a call of the

House, if gentlemen on that side will not vote. Mr. YEATES. They are following your example of the other day. The SPEAKER pro tempore. The gentleman from Iowa [Mr. KAs-

SON] moves a call of the Honse. The question being taken, there were-ayes 85, noes 30. So a call of the Honse was ordered. The SPEAKER pro tempore. The Clerk will prooeed to call the

roll. Mr. LORD. Mr. SpeakerSeveral MEMBERS. Regular order. Mr. WRD. I ask unanimous consent that I may make a very brief

statement in regard to this resolution. Mr. SAVAGE. I object. }{r. KASSON. There is no objection to that from this side of the

House. Mr. LORD. I want to call the attention of the House for a moment

to what I consider a grave misapprehension in regard to this resolution. I therefore ask unanimous consent to make a brief statement.

Mr. HEREFORD. I object. The SPEAKER pro tempore. The gentleman from West Virginia

objects to debate. Mr. LORD. Allow me only one word of explanation. Mr. HEREFORD. We do not want any explanation. Mr. SPRINGER. I hope the demand for the previous question will

be withdrawn so that discussion may be allowed. [Cries of" Regular order!"] Mr. SPRINGER. I am satisfied there will be no opposition to this

resolution if it is understood. [Cries of "Regular order I"] The SPEAKER pro tempore. The Chair most insist on gentlemen

preserving order. The Clerk will call the roll. The Clerk proceeded to call the roll, when the following members

failed to answer to their names : Messrs. Abbott, Adams, Bell, Blackburn, Bliss, Blount, John Young Brown,

Buok:nerJ Samuel D. Burchard, William P. Caldwell, Campbell, Candler~.-C880n, Caulfiela, Chaptn, Chittenden, Collins, Cowan, Crapo, Culberson, Darrall, lJe Bolt, Deniaon, Do\XIns, Douglas, Dunnell, Ellis, Ely, Gibson, Glover, Qi)ode, Goodin, Robert HamiltQn, Haralson, Henry R. Harris, Harrison, Hartridge, Hatcher, Hathorn, Hays, HendEe, Henkle, Abram S. Hewitt, Hill, Hoge, Hoskins, Hubbell, Hunter, Jenks, Frank Jones, ThomM L. Jones, Kelley, :Knott, Lamar, George M. Landers, Leavenworth, Le M.oyne, lllaokey, Meade, MiJ.l'iken, Money, Neal, O'Brien, Olivert 9'Neill, Phelps, John F. Philips, Plaisted, Platt, Powell, Purman, Randall, Sobiesn Ross, Schumaker Seelye, Smalls, Southard, Sparks, Stowell, Swann, Teeee, Martin I. Townsend, Tucker, Waldron, Charles C. B. Walker, Gilbert C. Walker, Alexander S. Wallace, John W. Wallace, Walling, Walsh, Ward, Warren, G. W~jf:.m'!;ells, WheelerhWhite. Whitehouse, Wike, Andrew Williams, Charles G. W :BeDjamin W eon, Alan Wood, jr., Fernando Wood, Woodworth, and Young.

The SPEAKER pro tempore. The call of the roll shows that one huudred and seventy-eight members are present. What iB the pleas-· ure of the House f

Mr. SAVAGE. I move that further procee~~s under the call be dispensed with. And I hope this side of the .ttouse will stop this :filibustering v..nd let us ~et a vote. .

Mr. ATKINS. This stde of the Honse is not filibustering. The gentleman is mistaken.

The SPEAKER pro tempore, (Mr. SPRINGER in the chair.) Debate is not in order.

Mr. KASSON. Thero was a remark made which was not heard here. Was it not that gentlemen on the other side are not votingt

Mr. EDEN. Is debate in orderf The SPEAKER pro tempore. It is not. Mr. EDEN. Then I object to debate. Mr. COX. Is the motion to dispense with further proceedings un

der the call debatable I The SPEAKER pro tempore. It is not. , Mr. COX. I would like to say that this side of the Honse is ready

to vote for the resolution. It is a little demagogical, but we will vote for it.

[Cries of "Regular order!"] Mr. COX. Let us come to a vote on the resolution. The question being taken on the motion of Mr. SAVAGE to dispense

with further proceedings under the call, it W88 agreed to. The SPEAKER pro tempore. The question is on seconding the de

mand for the previous question on the resolution submitted by the gentleman from New York, [Mr. LORD;] on which question tellers were ordered. .

Mr. EDEN. I wish to make an excuse for an absent member. My colleague from Illinois, Mr. CAULFIELD, iB detained from the Honse on account of sickness.

Mr. McCRARY. I rise to a question of order. The SPEAKER pro tempore. The Chair will hear the gentlem~n. on ·

a question of order. Mr. McCRARY. Before the House divides, I ask that Role 31 be

read by the Clerk. The SPEAKER pro tempore. The Clerk will read Role 31. The Clerk read as follows :

31. Every member who shall be in the House when the question is put shall give his vote, uill688 the House shall excuse him. All motion.s to excuse a member from voting shall be made before the House divides, or before the call of the yeas and nays i8 commenced; and the question shall then be taken without debate ..

The SPEAKER pro tempore. What is the point of order of the gen-tleman from Iowa I

Mr. McCRARY . . I desired to have the rule read. The SPEAKER pro temp<Jre. The rule has been read. Mr. McCRARY. That is all I desired. The question recurred upon seconding the demand for the previous

question. Mr. COX. I rise to a question of order. The gentleman from Iowa

[Mr. McCRARY] has had the role read in relation to this matter for · a purpose and f think the order ought to be enforced. My point of order is that the gentlemen upon the other side of the House shall be required to vote as well as gentlemen upon this side. [Cries of "Regular order!"]

The SPEAKER pro tempore. The Chair cannot require members on either side of the· House to vote.

Mr. CONGER. Before the Chair decides the point of orderThe SPEAKER pro tempore. Debate is not in order. Mr. CONGER. I rise to speak to the point of order raised by the

gentleman from New York, [Mr. Cox.] The SPEAKER pro temp<Jre. The e;entleman is not in order. {Renewed cries of "Regular orderP'] Tellers were ordered; and Mr. LoRD and Mr. CLYMER were ~p-

pointed. The Honse divided ; and the tellers reported-ayes 133, noes 18. So the previous question was seconded. The main question was then ordered to be put. The question recurred on the preamble and resolution. Mr. KASSON. Upon that I demand the yeas and nays. The yeas and nays were ordered. Mr. CLYMER. I ask a division of the vote on the preamble and

resolution. Mr. WILSON, of Iowa. Will not the question be first upon_ agree

ing to the resolution and then upon the preamble f The SPEAKER pro tempore. Certainly the question most first be

taken upon the resolution and t.hen the preamble. Mr. HOAR. I desire to inquire whether in a case where the pre

amble and resolution are so intimately connected that the resolution will have no sens~ and will be ungrammatical if the preamble be stricken out a demand for a division is in order J

The SPEAKER pro tempore. The Chair understands thi! question to be divisible. ·

Mr. COX. Will the Honse vote first upon the resolution or upon the preamble f

The SPEAKER pro tempore. The Honse will vote first upon the tesolution and then upon the preamble.

1876. CONGRESSIONAL RECORD-HOUSE. 5421 The Clerk read the resolution, as follows: Be it resolved b11 the House of Representatives, That all atrempta by force, fraud,

Mrror, intimidation, or otherwise to prevent the froo exeroi.se of the right of suffrage in any State should m-eet with certain, condign, and effectual punishment. and that in any case which has heretofore occurred or that may hereafter occur in which violence or murder bas been or shall be committed by one race or class upon the other, the prompt .Prosecution and punishment of the criminaJ or criminals in any court having junsdiction is imperatively demanded whether the crime be one punishable by fine or imprisonment or one demanding the penalty of death.

!.Ir. COX. I ask my colleague from New York [Mr. LORD] to allow me to offer an amendment in the nature of a proviso ro the resolution.

Mr. KASSON and Mr. CONGER objected. Mr. COX. I shall vote for the resolution aa it stands, but I prefer

to offer an amendment to it. Mr. CONGER. I object to debate. The question waa taken on agreeing to the resolution; and there

were-yeas 174, nays 2, not voting 109; as follows: YEAS-Messrs. Ainsworth, Anderson, Ashe, Atkins, Bagby, George A. Bagley,

John H. Bagley,jr., John H. :Baker, Willi8Dl H. Baker, Ballou, Banla!~.-..Banning, Beebe, Blair, Boone, Bradford, Bradley, Brig!J.t, William R. Brown, l::loratio C. Burchard, Burleigh, Cabell, John H. Caldwell, Cannon, Caswell, Cate, John B. Clarke of Kentucky, John B. Clark, jr., of Missouri Clymer, Cochrane, Conger, Cook, Cox, Crounse, Cutler, Danford, Darrall, Davis, ba.vy, Dibrell, Durand, Durham, Eames, Eden, Egbert, Evans, Faulkner, FeltA>n, Finley, Forney, Fort, Foster, Franklin, Freeman, Frye, Garfield, Gause, Goodin, Gunter, Hale, Andrew. H. Hamilton, Hancock, Hardenbergh, Belljamin W. Harris, John T. Harris, Hartzell, Haymond, Henderson, Hereford, GoldSmith W. Hewitt, Hoar, Holman, Hooker, Hopkins, House, Hunton, Hurd, Hurlbut, Hyman, Thomas L. Jones, Joyce~.-Kasson, Kehr, Kimball, King, Franklin Landers, Lane, Lapham, Lawrence, Levy, Lewis, Lord, Luttrell, Lynch, Lynde, ~oon, Maish, MJt,cDougaJl, McCrary, McDill, McFarland, McMahon, Metcalfe, Miller, Monroe, Morgan, Morrison, Mutchler, Nash, New, Norton, Odell, Packer, Payne, Pierce, Piper, Poppleton, Potrer, Pratt, Rainey, Rea, John Reilly, James B. Reilly, Rice, Riddle, John .Robbins, William M. &bbins, &bert.s1 &binson, Miles R.oss, Rusk, Sampso~ Savage, Scales, Schleicher, Sheakley, Smgleton, Sinnickson, Slemons, A. HerrSmtth, William E . Smith, Spencer, Springer, Strait, Stenger, Stevenson, Stone, Tarbox, Terry, Thomas, Thompson, Thornburgh. Washington Towusend~.-..Tnfts, Turney, Van Vorhes, John L. Vance, &bert B. Vance, Waddell, Wait, .l!irastlla Wells, Whiting, Whitthorne, Wi~gint.()n, Willard, A}pheu.s S. Williams, James Williams1 James D. Williams, Jeremtah N. Williams, William B. Williams, Willis, Wilshire, James Wilson, and Yeates-174.

NAYS-Messrs. Bland and Reagan-2. NOT VO"riNG-Messrs. Abbott, Adams, Bass, Bell, Blackburn, Bliss, Blount,

John Young Brown, Buckner, Samuel D. Burchard, William P. Caldwell, Campbell, Candler, Cason, Caulfield, Chapin, Chittenden, Collins, Cowan, Crapo, Culberson, De Bolt, Denison~.-.. Dobbins, Douglas, Dunnell, Ellis, Ely, Fuller, GibBOn, Glover, Goode, Robert l:lamilton, Haralson, Henry R. ·Harris, Harrison, Hartridge, Hatcher, Hathorn, Hays, Hendee, Henkle, AbramS. Hewitt, Hill, Hoge, Hos1ilils, Hubbell, Hunter, Jenks, Frank Jones, Kelley, Knott, Laroor, George M. Landers, Leavemyorth, LeMoyne, Mackey, Meade, Milliken, Mills, Money Neal, O'Brien, Oliver, 0 Neill, Page, Phelps. John F. Philips, William A. Phillips, Plaisted, Platt, Powell, Purman, Randall, Sobieski &sa, Sayler, Schumaker, Seelye, Smalls, Southard, Sparks, Stowell, Swann, Tees~, Throckmorton. Martin I. Townsend, Tucker, Waldron, Chari~ C. B. Walker, Gilbert C. Walker, Alexander S. Wallace, John w. Wallace, Walling, Walsh, Ward, Warren, G. Wiley Wells, Wheeler, White, Whitehouse, Wike, Andrew Williams, Charles G. Williams, Benjamin Wilson, Alan Wood, jr., Fernando Wood, Woodburn, Woodworth, and Young-109.

So the resolution was agreed to. During the roll-call the following announcements were made: Mr. V .ANCE, of Ohio. My colleague, Mr. WALLING, is absent by

leave of the Honse. Mr. FELTON. My colleague, Mr. HARTRIDGE, is absent on account

of sickness. Mr. WILLIS. I am paired with my colleague, Mr. LEAVENWORTH,

but I voted "ay," because Mr. LEAVENWORTH if present woulil have voted'' ay." I desire further to state that my colleague, Mr. BLISs, is absent by leave of the House.

Mr. ATKINS. My colleague, Mr. YOUNG; is detained at his room by sickness.

Mr. SPENCER. My colleagues, Mr. GmsoN and Mr. E.LLI.S, are absent. If present they would vote" ay." .

Mr. CONGER. My colleagues, Mr. WALDRON and Mr. HUBBELL, are absent by leave of the House. If present they would vote "ay."

Mr. STRAIT. My colleague, Mr. DUNNELL, is absent by leave of the House. If present he would vote "ay." .

Mr.MAcDOUGALL. Mycolleague,Mr.ADAMs, is necessarily absent from the House. If present he would vote "ay."

Mr. STEVENSON. My colleague, Mr. CAMPBELL, is absent by leave o£ the House. If present he would "ay."

Mr. HARTZELL. My colleague, Mr. SPARKs, is absent by leave of the House. If present he would vote" ay."

The result of the vote was then announced as above recorded. Mr. LORD moved to reconsider the vote by which the resolution

was adopted; and also moved· that the motion to reconsider be laid on the table.

The latter motion was agreed to. The question recurred upon adopting the preamble. Mr. BANKS. I make the point of order that the previous question

has not been ordered upon the preamble. Mr. HOAR. 'rhe previous question was ordered upon the whole

subject. Mr. BANKS. That cannot be under the rule. The SPEAKER pro tempm·e. The Chair understands that the

previous question was ordered p.pon the preamble and the resolution. Mr. KASSON. And the yeas and nays were ordered on both; and

after they were ordered a division of the question was demanded. Mr. BANKS. The preamble is open to amendment until the reso

lution has been disposed of. The previous question, which has been

ordered, cannot apply to this preamble, and it is at this moment open to amendment.

Mr. BLAND. I move·to lay the preamble on the table. Mr. BANKS. The rule is explicit upon the point I have stated. Mr. HOAR. My colleague cites in regard to this preamble the prac-

tice of the House in reference to the title of a bill. It never has been held in this House when the previous question was ordered on an entire matter, and had been partly executed, some one having demanded a division of the question, that the proviou.s question did not apply to the rest of the subject, in this case to tlie preamble.

Mi. GARFIELD. The point made by the gentleman from Massachusetts (Mr. BANKs] applies only to the title of a bill, and not to the preamble of a resolution. This is a resolution with a preamble, and the previous question was ordered upon the whole subject. The fact that it is a divisible proposition does not make anydifferenceas to the point whether the previous question ordered by the Honse covers the whole matter. However, the gentleman from Missouri [Mr. BLAND] has moved to lay the preamble on the table.

Mr. BANKS. The statement of the gentleman from Ohio [Mr. GARFIELD] is not correct, because the rule of the House relates specifically to a resolution, and declares that the adoption of the previous question does not cover the preamble of the resolution. I will read if the gentleman del!ires·it. It will be found on page 164 of the Digest and is as follows :

The preamble is not covered by the previous question ordered upon the ~e of the resolution, but is itself subject to a sepa'ra.te demand of the previous question.

I make the point at this time, because it is impossible for the House by ordering the previous question upon the resolution to deprive itself of the power of amending the preamble, until the question upon the resolution has been decided.

Mr. KASSON, I; will ask the Clerk to read the record of the motion submitted by the gentleman from Ne.w York [Mr. LoRD] in reference to the previous question. ·

Mr. COX. I believe debate is not in order pending the motion to lay upon the table.

Mr. BLAND. I withdraw that motion. The SPEAKER pro tempore. The motion to lay on the table wa..s

not entertained by the Chair, because at the time the gentleman from Massachusetts [Mr. BANKS] had the floor upon a point of order.

Mr. BANKS. I do not care about the point of order particularly, and will withdraw it.

Mr. COX. I ask the Chair, whether or not a separate vote can be had upon the different whereases in this bill!

Mr. KASSON. I want the point of order decided, and I ask that the Clerk read the record of the call for the previous question.

The SPEAKER pro tempore. The Clerk will read from the journal. The Clerk read as follows : Mr. LoRD, by unanimous consent, submitted the following preamble and reaolu-

tion, and moved the previous question on the adoption of the same, to_ wit.

Mr. KASSON. That covers the whole. The Clerk continued to read as follows: And the question was put, Will the House second the demand for the previous

question! When no quorum voted. Then, on motion of Mr. KAssoN, Ordered, That there be a call of the House. And the roll baring been called, the following-named members failed to answer

to their names.

Mr. KASSON. That is not important. Mr. GARFIELD. The Chair will see that in distinct terms the pre

vioJIS question was ordered on the preamble and resolution, or, in the words of the Journal, "on the same." · Mr. McCRARY. I think the point of order of the gentleman from Massachusetts [Mr. BANKS] was made too late. The time to have made that point was when the previous question was called on the preamble and resolution.

Mr. COX. Would it be in order at this time to make a parliamentary inquiry, pertinent to this matter!

The SPEAKER pro t-empore. It would. Mr. COX. My inquiry is whether the question upon these various

whereases in the preamble-is divisible! The SPEAKER pro tempore. It is. Mr. COX. The reason I ask that isMr. CONGER. I obje·ct to debate. Mr. MILLS. Is an amendment to this preamble now ~~<>rder! The SPEAKER pro tempore. It is not. The Chair wilf decide the

point of order raised by the gentleman from Massachu.setts, [Mr. BANKS.] The gentleman from New York [Mr. LoRD] having moved, as appears by the record, the previous question upon the preamble and resolution, the previous question applies to both pro,POBitions. If he had demanded the previous question on the resolution alone, then the previous question would have applied only to t1iat. The Houset however, has ordered the main question to be now put upon both the preamble and resolution.

Mr. KASSON. I call for the yeas and nays on the adoption of the preamble. ·

Mr. COX. I call for a division of the question, so thai a separate vote may be taken on each clause of the preamble.

CONGRESSIONAL RECORD-HOUSE. AUGUST 10,

The preamble was again re~, as follows: Whereas the right of suffrage prescribed by the constitutions of the 116veral States

is subject to the fifteeDth amendment to the Constitution of the United States, which is as follows :

"ARTICLE XV. "SECTION 1: The right of citizens of the United States to vote shall not be denied

or abridged by the United States or by any State on account of race, color, or previous condition of servitude.

"SEc. 2. The Congress shall have power to enforce Uris article by appropriate leg· islation:" and whereas the exercise of the right of suffrage so prescribed and regulated should be faithfully maintained and observed by the United States and the several States and the citizens thereof; and whereas it is asserted that the exercise of the right of suffrage is in some of the States, notwithstanding the efforts of all good citizens to the contrary, resisted and controlled by fraud, intimidation, and violence-, so that in such cases the object of the amendment is defeated; and whereas all citizens without distinction of race, or class, or color are entitled to the protec. tion conferred by such article: Therefore.

Mr. COX. I had proposed to a-sk a division so as to have a separate vote on that part of the preamble which makes an assertion of certain facts, because that assertion is not considered as absolutely true. But I withdraw that call for a division.

Mr. LORD: The preamble makes no affirmation of facts; it merely declares that "it is a8serted," &c.

Several members objected to d~bate. The question was taken on agreeing to the preamble ; and there

were-yea8 125, nays 31, not voting 129 ; as follows: YEAS-Messrs. Ainsworth, Anderson, Ashe, Atkins, Bagby,.TohnH.Bagley,jr.,

William H. Baker, Ballou, Banks, Banning, Blair, Boone Bradley, William R. Brown, Horatio C. Burchard, Burleigh, Cannon, Caswell, Cate, Conger, Crounse, Cotler, Danford, Davis, Dary, Durand, Eames, ~den, Egbert, Evans, Finley, Fort, Foster, Freeman, Frye, Garfield, Goodin, Gunter, Hale, Andrew H. Ha.milton, Han. cook, Hardenbergh, Benjamin W. Harris, Hartzell, Haymond, Henderson, Hoar, Hooker, :m,pkins, Honse, Hurlbut, Hyman, Thomas L . .Tones, .Joyce, Kasson, ·Kehr, lUmba.ll, !Ui:lg, Franklin Landers, Lane, Lapham, Lawrence, Lord Luttrell, Lynch, Lynde, Magoon, Maish, lfa,cDoo~all, McCrary, McDill, McFarland; McMahon, Met. calfe, Miller, Monroe, :Morgan, Nash, New, Norton, Packer, Payne, Pierce, Potter, Pratt, Rainey, Rea, .John Reilly, James B. Reilly, Riddle, .John Robbins, Robinson, Rusk, Sampson, Savage, Singleton, Siunickson, Slemons, A. Herr Smith, William E. Smith, Spencer, Springer, Strait, Stenger, Stevenson, Stone, Thompson, Thorn· borl$h, Washington Townsend, Tufts, Turney, Van Vorhes, Robert B. Vance, Wait, White, Whiti.n~, Whittborne, Wi~ginton; Willard, Alpbeus S. Williams, James Williams, Wilham B. Williams, Willis, .Tames Wilson, and Yeates-125.1

NAYS-Messrs. BlaBd, Bradford, Bright, Cabell, John H. Caldwell, .John B. Clarke of Kentucky, Clymer, Cook, Dibrell, Durham, Felton, Forney, Fmnklin, Hereford, Goldsmith W. Hewitt, Hunton, Hurd, Lewis, Mutchler, Piper, Popple. ton. ~an, Rice, William M. Robbins, Tarbox, Terry, Thomas, Throckmorton, .John L. \tance, Waddell, and Jeremiah N. Williams-31.

NOT VOTING-Messrs. Abbott, Adams, George A. Bagley, .r ohn H. Baker, Bass, Beebe, Bell, Blackburn, Bliss, Blount, John Young Brown, Buckner, Samuel D. Burchard, William P. Caldwell, Campbell, Candler, Cason, Caulfield, Chapin, Chit. tenden, John B. Clark, jr., of Missouri. Cochrane, Collins, Cowan, .Cox, Crapo, Culberson, DarraH, De Bolt, Denison, Dobbins, Douglas, Dunnell, Ellis, Ely, Faulkner, Fuller, Gause, Gibson, Glover, Goode, Robert Hamilton, Haralson, Henry R. Harris, ,John T. H1m•is, Harrison, Hartridge, Hatcher, Hathorn, Hays, Hendee, Henkle, · AbramS. Hewitt, Hill, Hoge, Holman, Hoskins, Hubbell, Hunter, .Jenks, Frank Jones, Kelley, Knott, Lamar, George M. Landers, Leavenworth, Le Moyna, Levy, · Mackey, Meade, Milliken, Mills, Money, Morrison, Nea.l, O'Brien, Odell, Oliver, O'Neill,;J>age, Phelps, .John F. Philips, William A. Phillips, Plaisted, Platt, Powell, Purman, Randall, Roberts, Miles Ross, Sobieski Ross, Sayler, Scales, Schleicher, Schomaker, Seelye, Sheakley, Smalls, Southard, Sparks, Stowell, Swann, Tease, Martin I. Townsend, Tucker, Waldron, Charles C. B. Walker, Gilbert C. Walker, Alexander S. Wallace, John \V. Wallace, Walling, Walsh, Ward, Warren, Erastus Wells, G. Wiley Wells, Wheeler, Whiteoo0116, Wike, Andrew Williams, Charles G. Williams, .Tames D. Williams, Wilshire, Benjamin Wilson, Alan Wood,jr., Fer. nando Wood, Woodburn, Woodworth, and Young-119.

So the preamble was adopted. During the roll-call the following announcements were made : Mr. HEREFORD. My colleague, Mr. FAULKNER, is quite sick to-

day, and is therefore absent. . . Mr. HOUSE. , My colleague, Mr. YoUNG, is detained from the Honse

by sickness. Mr. WILLIS. I am paired with my colleague, Mr. LEAVENWORTH.

If he were here he would vote as I have done," ay." My colleague, Mr. Buss, is absent by order of the House. If here he would vote "ay."

Mr. STENGER. My colleague, Mr. JENKS, is absent by leave of the House.

Mr. SCALES. I am paired with the gentleman from Massachusetts, Mr. SEELYE. If he were here, he would yote "ay," and I should vote "no." . . Mr. FOSTER. I am paired with my colleague, Mr. WALLING. I presume that if he were present he would vote "ay," as I have.

The result of the vote was announced as above stated. Mr. LORD moved to reconsider the vote by which the preamble

was ~opted; and alao moved that the motion to reconsider be laid on the table. ,

The latter motion was agreed to.

CLAIM OF TILTON, WHEELWRIGHT & CO.

Mr. BEEBE. I desire to m~ke a privilegea report from the Committee on Expenditures in the Navy Department. The cc;>mmittee have directed Jlle to J;eport the testimony taken by them, together with ~he report of the majority and the yiews of the minority, with reference tliereto. I ask for the reading of the resolutions appended to the report of the majority.

Mr. HALE. I rise to make a point of order. I presume that the ~entleman from New York [Mr. BEEBE] introduces this report claimmg t.hat it co~es under the resolution which was adopted on Monday

last. My point is that it does not come under that resolution and is not embraced in it.

I do not know whether the present occupant of the chair [Mr. SPRINGER in the chair] was present and appreciated the whole force of the rule adopted on last Monday. The object sought and attained by that rnJe, which was agreed upon, as will be remembered, after a day's filibustering, was that committees which had not reported (and I ask the attention of the Chair to this as a cardinal point) should be allowed to report. The Chair will remember that through the whole of that sometimes boisterous day especial significance was laid upon the importance of having both the majority and minority reports from a committee come in at the same time. Discussion upon that point swayed from one side to the other; largely between my friend from New York [Mr. Cox] and myself. Finally, coming together a8 we did in a spirit of fairness, that rule was established.

And its object, Mr. Speaker, was that all committees which had not reported should be allowed to get their reports before the Honse and before the country on certain conditions. The report submitted by the gentleman from New York [Mr. BEEBE] does not in any regard come under the principles which were established by that resolution. His is a report which has been already presented, upon which su b;ject a minority report has also been presented; and the two have been printed, gone to the country, and been recommitted to the committee not to be brought back by a motion to reconsider. This case was not affected, I claim, by the rule that we adopted; and, to show that, I call the attention of the Chair to a part of the colloquy which took place on that day.

The point had come np as to when the rule established should apply. Here is the RECORD:

Mr. HALE. Then let it be understood that this agreement is prospective, not retrospective.

Mr. SPRINGER-

The present iqcumbent of the chair-And also that where the majority and the minority of a committee are now

ready to report they can report at any time 1 Mr. HALE. Certainly. . Mr. YEATES. The arrangement to date from thiS day. Mr. HALE. From this day. Mr. BEEBE-

Raising then the question raised now-How will that arrangement a.ft"ect the cases where the majority and the minonty

reporta have been printed and recommitted, not to be brought back on a motion to reconsider Y Could not those committees report at any time, the minority being ready¥ .

Mr. YEATES. They have already reported. Showing what the view was then, that these were outside of the

scope of the resolution. Mr. WAIT. I cannot see the embarrassment the gentleman from New York rM:r.

BEEBE] speaks of. If the majority and the minority are both ready to report, then they can report at any time. · ·

Below on the same page, after the gentleman from New York [Mr. Cox] read the- proposition as agreed to, I find this :

Mr. HALE. That is a fair proposition, and unless that can be agreed to there is no use in talking any further about it.

The proposition stated to be fair is this: "Resolved, That the investigating committees may have leave to report during the

remainder of this session at any time after forty-eight hours from the time the committee have agreed to their report and submittea the same to tbe minority, who shall have leave at the same time to submit their views to the Hoose; but if the minority is absent from the meeting of the committee then notice shall be given in the Rouse itself."

Mr. BEEBE. Will there be objection to adding that in all cases where both the majority and minority are ready both reporU! may be made at any time¥

Showing the gentleman himself wanted something more added to the rule to bring his committee in.

Mr. Cox. Nobody will object to that. Mr. BURCHARD, of lllinois. I object to that with closed doors. Mr. BEEBE. I put the question to my friend from Maine. Mr. HALE. What is' the question~ Mr. BEEBE. Is there objection where the majority and minority are both ready

to their reporting at any time!

Showing again he did not consider his committee came in under the rule, but must come in, ·if at all, under the proposition that both the majority and minority are ready; then it could come in.

Mr. HALE. Of course there is no objection to that. This agreement does not apply to such a case as that.

And there, Mr. Speaker, the question was left, clearly showing at the time it wa8 understood both by the Honse and, as I believe it must have been, by the Speaker that the rule as established was for the purpose of bringing in the reports of committees who had no opportunity of getting before the House and the country on forty-eight hours' notice. But in no regard did it apply to a case where a committee had ~ot in and had its report printed and the views of the minority prmted; and both· report8 were recommitted, not to be brought back on a motion to reconsider. ·

As to the other proposition, the gentleman from New York suggested at that time whether the committee may report when both sides are ready and the question came up. I do not raise that now. I raise the point, and a8k the ruling of the Chair on it, as to whether the agreement we made on Monday last does include committees which had already reported and their reports sent back, not to be brought back on a. motion to reconsider. I understand at the time that it did

1876. CONGRESSIONAL RECORD-HOUSE. 5423 not. What I have read of the colloquy shows members so · understand it. The gentleman from New York cannot have otherwise understood it, because he claimed they came in in ·another way. It was so left in the a!P'eement submitted by the gentleman from NewYork, [Mr. Cox,] which was then adopted by the House, and it was understood it did not embrace such Qases. It wa-s an important agreement, and it •must be construed strictly, as the lawyer in the chair must know.

Mr. BEEBE. Mr. Speaker, the gentleman from Maine ha-s stopped short of the resolution which was finally adopted as the result of the proceedings had on the occasion to which he has alluded. I did endeavor during the progress of the discussion to have it distinctly understood that the proposition should include those committees where reports have been submitted and recommitted with an order to be pJi.nted not to be brought back, &c. I was struggling throughout for what I believe I obtained on that occasion: prio~ity over committees where no reports had been made at all. I stated then that this committee had agreed upon their report. I s.tated that this minority report had been submitted here and had been printed by order of the House.

Now, sir, I claim, independently of the resolution adopted on that occasion, the intendment, the necessary construction of the language used during the discussion on that day, bears me out in the claim that I could have reported at any moment after that understanding had been reached; and, desiring toexerciseabundantcaution, !planted myself on the resolution which the gentleman has carefully refrained from reading. · ·

I ask the clerk to read the resolution adopted as the final de~r-mination of the discussion had on Monday.

Mr. HALE. That is what I just read. Mr. BEEBE. I did not hear the gentleman read it. The Clerk read as follows : Reaol'Ded, That the investigation committeeS may have leave to report during the

remainder of this session at any time after forty-eight hours' notice from the time the committee have agreed to the report and submitted the same to the minori~ who shall have leave at the same time to submit theii views to the House; and U the minority is absent from the meeting, said notice of the same shall be given in the Honse. ·

Mr. BEEBE. According to my recollection the gentleman from Maine did not read that resolution.

Mr. HALE. Why, yes; I did. Mr. BEEBE. That is a matter of recollection, and it is not impor

tant. Now, Mr. Speaker, it will be seen that the resolution clearly author

izes all committees to report where there had been a submission of the views of the majority to the minority forty-eight hours before the report is sought or attempted to be introduced. My position was that without submitting anything to the minority in a case of this kind we had a righti to report at any time. But the committee was called together. The gentleman who submits the views of the minority accepted notice then, and he will accept it now. He wa-s notified more than forty-eight hours ago. And under any possible construction this committee is now authorized and entitled to report. I do not care to take up further time of the House in the discussion of a proposition which to me seems so clear and plain.

Mr. YEATES. As the gentleman from Maine has alluded to me, I wish to state what I consider to be the agreement that we entered into prior to the adoption of that resolution.

I understood, Mr. Speaker, from the gentleman from Maine [Mr. IIALE] that the objection raised on his aide of the House was to any report being brought in here where the minority would not have the opportunity of being heard. And to prevent that, resort was had to calls of t.he House, by which considerable delay was occasioned. Finally, for the purpose of allowing the .minority the opportunity to be heard, as he requested-and if you look back to the gentleman's remarks you will see he so stated it-the resolution of the gentleman from New York [Mr. Cox] was offered and adopted, giving the minority the relief they sought. I said that certain reports had already been made, and the reason I said that was this: These reports having been made to the House, the minority reports being in as well as the majority reports, no advantage could be taken of 4he minority; and therefore they were not included in this agreement. That was what I meant, and I meant nothing else.

The gentleman from Maine [Mr. HALE] distinctly stated that what he wanted was that the minority should have a fair chance of being heard, and that no report should be brought in here at the end of the session or at any time when the minority could not be heard; and I was willing to adopt his views on that subject, not believing it was the design of any one to prevent the minority of a committee beinO' heard. The object was to give fnll guarantee that the minority should be heard; but where reports had been made, the majority making a report and the minority making a report, wherefore should we have any delay, both sides having been fully represented t I think that

. was the true meaning of the resolution offered by the gentleman from New York, [Mr. Cox,1 and that I think was the full understanding of the House in adopting it.

Mr. HALE. Let me ask the gentleman a question. Mr. YEATES. I will hear the gentleman. . M.J;. HALE. Did thegentlemanfromNorthCarolina[Mr. YEATES]

realize, at that time, that what was wanted was that committees

that had not got into the ]Jouse should get in f Does he not bear in mind that those committees that had got in here had had their opportunity f They come in with their reports and have them printed and they go to the country, and then they1 themselves a-sk that the reports be recommitted, which is done on the customary order, not to be brought back on a motion to reconsider. It was not those committees that the gentleman from New York [¥r. Cox] or any gentleman, ~ take it, sought to get at by this resolution. Those committees had been in, had reported, had got their reports before the public. It was another class of committees we were wrangling about on Monday.

Mr. YEATES. I will answer the gentleman's question. I understood the whole point made upon this question to be that the minorities of committees that had not made reports should have an opportunit.y of being heard.

1\Ir, HALE. That was it. Mr. YEATES. But I did not understand that it prevented a report

being taken up that had -already been made where the minority had ·been heard, for the gentleman said his object was not to prevent reports of committees or action upon them, but to proteGt minorities. That was the ground the gentleman took.

Mr. COX. I wish to ask the gentleman from Maine whether he desires by this point of order to obstruct the reports of a majority and a minority of a committee coming in where there is perfect accord between the majority and the minority t If he does not mean that, what can he mean f

lir. HALE. Let me tell the gentleman what I mean. Mr. COX. In a moment. Now thE) gentleman disavowed that the

other day.· And om: basis of a!ITeement was precisely this: The only contest on that side of the Honse was that the minority should have sufficient notification. That was our agreement. We agreed, as the record shows, where the majority and minority did agree to report, whether the reports were· recommitted or otherwise, no contest should be made.

Mr. HALE. Now let me answer the gentleman's question. I do not propose where the majority ahd minority of th~ committee have agreed upon a report outside of this resolution which was adopted on Monday and where they a-sk aconsiderationoftheir reports to object, but what I do object to is that the gentleman should attempt to bring in this report under that resolution; he can come in outside of the resolution.

The SPEAKER pro tempore. The Chair then understands the gentleman from Maine to withdraw his point of order.

Mr. HALE. No, I insist on the point of order if the report be pressed under this resolution. I will not object to the introduction of the majority and minority reports where both parties have agreed that under this, resolution the report of the gentleman from. New York [Mr. BEEBE] is not in order.

The SPEAKER pro ten~pore. Is the gentleman from New York desirous to report these 1·esolntions independently of the resolution adopted on Monday last f The Chair need not decide on the point of order raised by the gentleinan ;from Maine.

Mr. HALE. Certainly, if the gentleman does not. claim to report it under the resolution. I w\ll not press the point of order.

Mr. BEEBE. I claim the privilege to m~ke this report under the resolution adopted on Monday last, which was clear and explicit. I claim that under the unwritten agreement of the House, as manifested by the discussion at the time, I had a. right to report at any time. In witness of that fact I will call the attention of the Honse to what occurred on that occasion. I desire, inasmuch as the gentleman from Maine [Mr. Il.A.L.E] has reiterated the statementtha,thehad no objection to the majority and minority reports being presented at the same time, I want to hold up the gentleman's own action upon· that occasion as a mirror in which he can see his present action.

I call attention to the fact that when that committee made their report they asked it should be a special order by agreement, and that was objected to by the gen:leman from Maine. In view of that objection the committee could do nothing more than that which he was willing to allow them to do, and that was to present their report and have it printed and recommitted to the committee, not to be brought back by motion to reconsider, as the parliamentary phrase is. Now, I wish the Chair to understand the committee claim the · right to report these resolutions without reference to the resolution adopted on Monday laat, and, further, they claim the right to report it under that resolution, the terms of which are too explicit to be disputed.

The SPEAKER pro tempore. It is clear that under the rOles of the House the gentleman has no right to submit a report from a standing committee of the House at this time; andif the ~entlemanfromNew York has a right to report now he derives that nght from the order made by the House on Monday. That order has been read, and it is not necessary that the Chair should now read it again. That resolution unquestionably was intended to embody the sense of the House; and it is not necessary to consult the debates preceding its adoption, in order to construe it, unless its language is susceptible of two constructions or is of doubtful meaning. But this is not the case. The order, or resolution, provides that investigation committees may report at any time after forty-eight hours from the time the committee have agreed to report and submitted the same to the minority, and this committee having agreed upon their report have a right to re-

5424 CONGRESSIONAL RECORD-HOUSE. AUGUST 10,

port now. Then, if forty-eight hours' notice has been given to the minority that the maJority report will be submitted to the Honse, of course they have a. nght to make the report. The Chair does not know what is the fact in reference to that matter.

Mr. BEEBE. I stated that to be the fact; and the ~entleman from New York, [Mr. BAKER,] who represents the minonty of the committee, alld myself are not at all at variance upon that question.

The SPEAKER pro tempore. That being the case, the Chair will overrule the point of order. The Chair does not know whether this report now submitted to the House has ever been submitted to the House before and been recommitted. It comes to the House now as the report of a committee under the new order of Monday last. · Mr. CONGER. Will the Chair allow the minoricy to speak on that point, as was done yesterday T

Mr. BAKER, of New York. This report was .made from the 1st of August, and was ordered to be printed. We have so bmitted our report; and the only object, as I understand it, now on the part of the chairman is that at this time the two reports may be discussed. Now I have no ambition to engage in such a discussion. The reports were submitted to the House and ordered to be printed before the arrange-ment on Monday last was rriade. ·

The SPEAKER pro tempm·e. Then the Chair understands that the report is in order, and the Clerk will read the resolution reported by the majority of the committee.

Mr. HALE. Where is the minority reportf It should also be before the Honse.

The SPEAKER pro tempore. The Clerk will first read the resolutions reported by the majority of the committee.

Mr. HALE. This is a matter cognate tow hat has engroSsed a great deal of the time of the Honse, and I do not see that tb~re is any need for further discussion upon it. It is proposed that the two reports shall go to the country together. I can if I choose call for the reading of both reports, which will take up the most of the day; but it seems to me that in the cases of other investigations, and notably so in the investigation into naval affairs and the real-estate pool and Jay Cooke & Co.'s indebtedness, of which the gentleman from Missouri {Mr. GLOVER] is chainnan, their reports were referred to the Committeeon theJudiciary, and I think that this report should take the same reference. .

Mr. BEEBE. This committee comes here with the majority report recommending positive action by the House, and it is the desire of the majority of that committee to get an expression of opinion from the House in reference to the several resolutions attached to the majority report. That was my object in requesting that the resolutions might be read. If the gentleman from Maine [Mr.IIALE] desires to inform himself by having these reports read in full after they have been before this Honse for more than a week, and on file in the document-room, where he could have secured a copy at any time, it will not take forty minutes to read both reports. What I desire is action at this time upon the resolutions.

Mr. HALE. Do the minority of the committee submit a resolution f The SPEAKER pro tempore. The Chair is informed that the mi

nority submit no resolution. Mr. WILSON, of Iowa. I think there is one thing which does not

seem to be properly understood by the House relative to the right of a committee .having leave to re:port at any time. There are various committees that can report at any time, notably these investigating committees and committees of conference, &c. But I do not understand that that gives those committees the unquestioned right to ·have their reports considered by the House at the time when sub-mitted unless there is no other business before the House.

Now this House has under consideration at this time as unfinished business the motion of the gentleman from Maine [Mr. HALE] to reconsider the vote referring the President's message on the sundry civil appropriation bill to the Committee on Appropriations. On that unfinished business the gentleman from Pennsylvania [Mr. ToWNSEND] had the floor yesterday and yielded to a motion to adjourn. Now there is no doubt a.t·all about the right to enter a motion to reconsider or the right to report at any time of these investigating committees, or the right of a committee of conference to report even in the midst of other business before the House. But that other business must first be disposed of in some manner before the report of an investigating committee can be considered. If this motion to reconsider, which is . now the unfinished business, was disposed of, then anybody could raise the question of consideration upon the report of an invesijgating committee. But the Honse adjourned on yesterday with the gentleman from Pennsylvania [Mr. ToWNSEND] on the floor, and he undo-ubtedly has now the right to finish his remarks on that question of high privilege, almost the highest known to the House, before the gent1eman from New york [Mr. BEEBE] can demand consideration of his report. That is the point of order I make.

Mr. BEEBE. When a committee is authorized to report at any time, it is authorized to make its report for action and for considera'timf. Such is the universal, unvarying practice of this House.

Mr. WILSON, of Iowa.. Will the gentleman refer to some instance of that kind f

Mr. BEEBE. When the Co~ttee on Appropriations report a bill it is for action. · ·

Mr. WILSON, of Iowa. No; it is for reference to the Committee of the Whole on the state of the Union.

Mr. BEEBE. The whole trouble rests here. This committee bas recommended the removal of a high officer of this Government, and the other side of the House dare not face the music on the record made. '

Mr. WILSON, of Iowa. We do not know that; we have not heard .the resolutions read yet.

Mr. HALE. I think the gentleman has no reason to say that this side of the House is afraid of any recommendations from the other side. There have been other recommendations made, and I do not think this side of the House has shown any fear to meet them.

Mr. HURLBUT. Is there any doubt in the mind of the Speaker as to the point of order raised by the gentleman from Iowa, [Mr. WILSON!]

The SPEAKER pro tempore. The Chair will hear the gentleman fromlllinois, [Mr. HURLBUT.]

Mr. HURLBUT. I presume there can be no question-about it. The business of the highest privilege now is the unfinished business of yesterday, and the gentleman from Pennsylvania [Mr. TOWNSEND] is entitled to the floor on that business; there can be no question abont that. I understand that he is now ready to take the floor . .

Mr. LAWRENCE. It has been repeatedly decided by the Speaker that the mifinished business takes precedence of everything else. · Mr. BEEBE. I desire to state that the gentlema.n from Pennsylvania [Mr. ToWNSEND] came to me this morning and spoke in reference to this matter. I stated to him that we desired action on this report, and that in my judgment, unless much time was desired by gentlemen on their side of the House, it would not involve any great length of time to enable the House to come to a conclusion upon it.

Mr. WILSON, of Iowa. A single word. I do not rise for the purpose of antagonizing the gentleman from New York, [Mr. BEEBE;] I never do that. I merely want it distinctly understood how we shall proceed with these highly privileged questions which we have so many of. If the gentleman from Pennsylvania [Mr. ToWNSEND] desires to withdraw his claim to the floor at this time, I have no objection at all, and I am willing to vote on any resolution that may come beforelthe Honse. But we must observe our rules of practice here, or we will get so badly mixed up as not to know what we are about.

Mr. TOWNSEND, of Pennsylvania. The pending question is on the motion of the gentleman from Maine [Mr. !Lu.E] to reconsider the vote by which the message of the President on the sundry civil appropriation bill was referred to the Committee on Appropriations.

Mr. BEEBE. That is not the pending question while I have the floor.

Mr. TOWNSEND, of Pennsylvania. Upon that question I am entitled to the floor. If I understand the rules of the Honse that motion to reconsider is a question of the highest privilege. If it be so and I am entitled to the floor, I desire now' to take it and go on with my remarks.

The SPEAKER pro tempore. The Chair will deciC!.e the point o:f order raised by the gentleman from Iowa, [Mr. WILSON.] The gentleman from New York [Mr. BEEBE] having submitted a report which the Chair baa held to be privileged, and the Clerk having proceeded to read or being about to proceed to read the resolutions accompanying the report without objection from any one, the Chair thinks the Jtoint of order comes too late.

If reference to the other question raised, however, the Chair will decide it upon its merits. The question of reconsideration is now remitted to the order of unfinished business ; and as such the Chair does not understand that it .takes precedence of a privileged question, such, for instance, as the right of a committee of conference to report at any time. This committee having claimed the right under the recent order of the Honse to report at any time, it is now in order to submit that report. If, however, the gentleman from Pennsylvania [Mr. TOWNSEND] had obtained the floor immediately after the reading of the journal and claimed the right to speak on the unfinished business, he could not have been taken from the floor, that being the business then in order. But the floor has been taken by another gentleman who has submitted a report, which the Chair thinks now in order. The gentleman from New York [Mr. BEEBE] is therefore entitled to the floor.

Mr. BEEBE. I ask that the resolution appended to the majority report be read.

The Clerk read as follows : Resolved, That Isaiah Hanscom, chief of the Bureau of Construction and Repair

of the Navy Department, is unworthy and incompetent to hold that position, and that the interests of the Bureau, the Department, and the ~vernment require his removal.

ReaolTJed, That by reason of the ne~ligence of George M. Robeson, Secretary of the Navy, and his order to pay the firm of Tilton, Wheelwright & Co. the claim presented by them in January, 1874, the Government of the United States was de· franded by said Tilton, Wheelwright & Co. of the sum so paid, to wit;, J}2,019.10.

RP.solTJed, That a copy of the annexed testimony, together with tho reports of the , m~ority and minority of the committee and of these resolutions, with notice of the ootwn of the House of Representatives herein, be laid before the President of the United Sta.tes by the Clerk of this House.

Mr. CONGER. This is a very important matter, affecting two cit-' izens of tbe United States. I a£k that before the House passes upon these resolutions the report be read.

Mr. LAWRENCE. And the views of the minority! Mr. CONGER. I call for the reading of the majority re:po:rt and the

views of the minority._

1876. CONGRESSIONAIJ RECORD-HOUSE. 5425 The SPEAKER pro tentpo1·e. The gentleman from New York [Mr.

BEEBE] is entitled to the floor for one hour. Mr. BEEBE. I do not understand that this reading will come out

of my time .. The SPEAKER rn·o tem,pore. The Chair understands that any gen

tleman would have the right to call for the reading of a paper before he is required to vote upon it.

Mr. CONGER. I believe I am entitled to ask the reading before we consider it.

Mr. HALE. The Chair on a moment's reflection must see that the reports must first be read before tbere is any discussion of the question by any gentleman. It is the reports that come in here this morning ; and they must be read before the House can be asked to consider them. The Chair, if he will refresh his recollection, must remember that reports are a.] ways read at once before any gentleman takes the floor. A report is not before the House until it is read, if a.ny gentleman aaks for the reading.

I beg· to call the attention of the Chair to an illustration. Even in the case of an appropriation bill coming before the Honse,,it is first read before the·gent.leman reporting it can submit his remarks. It is first read as a whole; then the speech-making comes in; and then the bill is read by clauses for amendment. The primary fundamental proceeding in the consideration of a report is the reading of th~~~ .

Mr. HOAR. The Chair will pardon me for suggesting that the right given to a committee to report at any time is not a right to offer resolutions at any time but to present a report. It is a report that is to be submitted; and it must be read to the Honse if any gentleman desires it. I do not know that the gentleman from New York [Mr. BEEBE] baa any choice-from what he baa said !suppose he has notas to whether the report shall be first read and his remarks he made afterward.

Mr. BEEBE. I have no objection to the reading of the repo~; . bot I do not think it should come out of my time.

Mr. HOAR. The Chair will pardon me for reminding him that the practice in regard. to private bill.s 1·eported fi'Om committees settles this question.

Mr. HALE. It is not claimed that the reading of the report will come out of the. time of the gentleman from N~w York. Of course he will have his honr.

The SPEAKER p1·o tempo1·e. The Chair understood the gentleman from New York to take the 'floor for the purpose of discussing this 9.uestion; and the reading waa called for afterward; but that question is waived by the statement of the gentleman from New York that he does not desire the floor now. Therefore as the reading of the reports has been called for, they will be read.

The Clerk proceeded to read the reports, but was interrupted by a

MESSAGE FROl'ti THE SENATE.

A message from the Senate, by Mr. SYMPSON, one of their clerks, announced that the Senate had agreed to the report of the committee of conference on the disagreeing votes of the two Houses on the bill (H. R. No. 3022) making appropriations for the construction, repair, preservation: and completion of certain public works on rivers and harbors, and for other purposes.

ORDER OF BUSINESS.

Mr. HEREFORD. As the message just received announces that the Senate ha,s acted on the river and harbor bill, I desire at this time to present to the House the conference report on that subject.

Tbe SPEAKER pro tempore. It will not be in order now, as a paper is being read.

Mr. KASSON. O, yes, it will be. Mr. HEREFORD. If the gentleman from New York [Mr. BEEBE]

will consent that this matter shall be laid aside temporarily, I would like to have the conference report considered now.

Mr. KASSON. As a matter of order, I wish to say that onder the role and practice of the two Houses a gentleman calling ·up a conference report for action can even take a member who is speaking off his feet.

Mr. WILSON, of Iowa. I understand the rule to be (and it has a. close connection with the point I raised a few moments ago) that a gentleman may be taken off his feet by the presentation of a conference report; but it is for the Honse to determine whether that report shall be considered or not. This is of the hi~hest privilege, and can be made at any time, so 38 to let us know it IS there if we want it; but we are not compelled to consider that or anything else.

Mr. BAKER, of New York. I presume the gentleman will not have objection to have this report considered.

Mr. BEEBE. There is no objection, so far as I know, to having t). vote taken on the conference report, provided it is understood we only waive for that purpose.

Mr. RU~K. You do not waive anything. That is the rule. RIVER AND HARBOR APPROPRIATION BILL.

Mr. HEREFORD. I rise to submit a privileged report, which I send to the Clerk's desk to be read, and on its adoption I demand the previous question.

The .Clerk read as follows: The committee of conference on the disagreeing votes of the two Houses on the

amendments of the Senate to the bill (H. R. No. 3D-22) making appropriations for

IV-340

the construction, repair, preservation, and completion of certain public works on livers and harbors, and for other pur~oses, having met, after a full and free conference have agreed to recommend, and do recommend, to their respective Houses, as follows :

Tbat the Senate recede from its amendments numbered 1, 4, 6, 12, 35, 46, 78, 102, 110, 128. .

That the House recede from its disagreement to the amendments of the Senate numbered 2, 3, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 21, 24, 25, 26, 27, 28, 29, 30, 31 , 32, 33, 34, 36, a7, as, 39, 40, 41, 43, 45, 47, 48. 49, so, 51, 52, 53, 54, 55, 58, 59, eo. 61, 62, 63, 64, 65, 66, 6?l 68, 69, 70, 71, 72, 73, 74, 76, 77, 79, 80, 81, 82, 83, 84, 86, 87, 88, 89, 90, !l1, 9-2, 94, 95, 96, 97. 98, 99, 100, 103, 104, 106, 107, 108, 109, 111, 112, 114, 115, 117, 118, 120, 121, 124, 125, 126, 127, 129, 130, 131, U2, 133, 135, 136, 137, 138, 139, 140, 141, 14~. 143. 144, 145, 146, 147, H9, 150, 151, 152, 154, 155, 156, 157, 158, 159, 162, and 164; and agree to the same. ·

That the Senate recede frQm its amendment numbered 5, and agree to the cl&use proposed to be stricken out, with an amendment as follows: Insert "three" in lieu of "five:" and the Honse agree thereto.

That the House recede from its disagreement to the amendment of the Senate numbered 1, and agree t.o the same, with an amendment as follows: In lieu of the words proposed to be inserted insert the words " and fifty ; " and the Senate agree to the same.

That the Senate recede from its amendment numbered 13, and agree to the clause proposed to be stricken out, with an amendment as follows: Insert" five" in lieu of "ten; " and tbe Honse agree to the same.

That the Honse recede from its disagreement to the amendment of the Senate numbered 42, and agree to the same, with an amendment as follows: In lieu of the words proposed to b. e inserted insert" and thirty-two; 11 and after the word" tbousa.ml, '' in line 1, page 6 of the bill, insert "five hundred;" and the Senate agree to thesame. •

That the Senate recede from its IJlllendment numbered 44, and agree to the clause propOSed to be StriOken OUt, with an amendment M fOllOWS: Insert 10 fifteen II in lieU of "twenty.five;" and the House agree thereto.

That the Senate recede from i•samendmentnumbered 56, and agree to the clause proposed to be stricken out. with an amendment as follows: Insert" thirteen" in lieu of "thirty ;" and the House agree to the same.

That tho Honse recede from its disaJ!l'eement to the amendment of the Senate numlwred 57, and a..,"TTO to the same, with annmcndmenta.sfollows: Insert "thirtyf'.ight" in lien of "forty;'~ and the Senate agree to the same.

That the House recetle from its disa.~ment to the amendment of the Senate numbered 75, and agree to the same, with an amendment as follows : Strike out "five;" and the Senate agree to the Aame. .

That the House recede from ita disagreement to the amenllment of the Senate numbered 85, and a.,ITJ'OO to the same, with an amendment as follows: Strike out "sixty.six" and insert" fifty;" and the Senate agree to the same ·

That the Senat.e recede from its amendment numbered 93, and agree to the clause proposed to be stricken out, with an amendment as follows: In lieu of ''three thousand" insert "twenty-five hundred;" and the Honse agree to the same.

That the Honse recede from its disa:;..rreement to the amendment of the Senate numbered 101, and agree to the same, with an amendment as follows: In lien of "three thousand nine llundred and sixty," insert" thirty-five thousand;" and the Senate a!!l'ee to the same.

That the · House recede from its disa~ment to the amendment of the Senate numbered 16.'> and agree to the same, With an amendmeutas follows: Insert "one hundred and forty-two" in lieu of "one hundred and fifty :11 and the Senate agree to the same.

That the Senat.e recede from ita amendment numbered 113, and agree to the clause proposed to be sticken out, with the following aDiendment: In lieu of "50,000 11 insert "29,600;" and the House agree to the sanie.

That the House recede from its disagreement to the amendment of the Senate numbered 116, and agree to the same, with an amendment as follows: In lien of "50" insert "ao; " and the Senate agree thereto.

Tl1at tb"' Senate recede from its aDiendment numbered 119, and agree to the clause proposed to be stricken out, with an amendment as follows : In lieu of "seven" insert "five; " and the House agree t.hereto.

That the Senate recede from its amendment numbered 122, and agree to the clause proposed to be stricken out, with an amendment as follows : Insert "five 11 in lien of "ten; " an<l the House agree thereto.

That the Senate recede from its amendment numbered 123, and agree to the clause proposed to be stricken out, with an amendment as follows: Insert "five" in lieu of "eight ; " and the House agree thereto.

That the Senate recede from its amendment nure bered 134, and agree t.o the clause proposed to be stricken out, with an amendment as follows: Insert" five" in lieu of "eight;" and tbe House ~aree thereto.

That the House recede from its disagreement to the amendment of the Senat.e numbered 148, and agree to the same, with the following amendment: In lion of the words proposed to be inser~ insert as follows: "Provided, That $10,000 thereof shall be t-xpended for removing the bar at Fott Smith, A.l'kansad; And provided furtltt.1-, That $40,000 of the above sum sh:lll be expended on the Missouri River including improvements opposite Saint Joseph, Missouri, and at Nebraska City;'\ and the Senate agree to the same. .

That the Honse recede from its disa.greement to the amendment of the Senate numbered 153, and agree to the same, with the following amendment: Strike out " 200," in line 2'-l, page 15, and insert in lien thereof " 175 ; " and tho Senate agree thereto. ,

That the House recede from its di.'lagreement to tbe amendment of the Senate numbered 160, and agree to the same, with an amendment as follows: Insert" 7'~" in lieu of "75;" and the Senate agree t.o the same.

That the House recede from its disa!!reement to the amendment of the Senate numbered 161, and agree to the same, with the following amendments: ~ert after the word" water" the words •·atmean tide," and after the word "rivers" tbewordtt "to the port of New Orleans;" and the Senate agree to the same. -

That the House recede from its disagreement to the amendment of the Senate numbered 163, and a~e to the same, with an amendment as follows: Insert a.fteu the word "therefore, ' in line 18 of sai£1 amendment, tho following: "Not to excee4 $10,000 ;" and the Senate agree to the same.

FRANK HEREFORD, JOHN H. REAGAN, OMAR D. CONGER,

Managers on the part of the Housa. WM. B. ALLISON, A. A. SARGENT, M. W. RANSOM,

Managers on the part of the Senate,

Mr. WILLIS. -I call ~or the reading of the bill, which has never been reported.

The SPEAKE:g pro tempore. ·, The question is on seconding the de .. mand for the v.revioos question on agreeing to the report of the con .. ference commtttee, .and the gentleman from New York [Mr. WILLIS] calls for the reading of the bill.

Mr. WILLIS. I want to know what I am to vote upon.


The SPEAKER pro tempore. The Chair will state that the readin~ of the bill is not privileged at this time. The only matter of pnvilege is the reading of the rel!ort on which the gentleman is to vote.

Mr. WILLIS. I move to lay the report of the committee of conference on the table.

Mr. HOAR. I rise to a question of order, and I ask the attention of the Chair as it is a question of order Qf some importance. My point of order is that it is not in order to move to lay a conference report on the table. The respect and courtesy between the two branches forbid it. The Chair will do me the favor before be looks at the Manual to listen to what I say. The only parliamentary motion is a motion to postpone the time of considering the report; but the report can. be made, as has been already stated, even pending a motion to adjourn, while a member is on his feet, or pending a motion for a call of the House. It is of the very highest privilege.

Now, in the CongreBS before the last·a question nroso as to a statement by Mr. Barclay in the Digest to the effect that a motion to lay a conference report on the table is in order. The then Speaker, [Mr. Blaine ] believing that was a very important point and that it was wrongiy stated in the Digest, called the attention of the House to it and desired some member to make a motion, so that the matter might be formally settled. I made the motion at the request of the Speaker. Thflreupon my honorable colleague, who had been formerly Speaker of the House, [Mr. BANKs,] rose and stated the motion was out of order. The Chair sustained t.he- point of order, and the House on appeal from the decision of the Speaker unanimously confirmed the decision, and that bas been the rule evt\r since. What I have stated will appear by a reference to the Globe for the Congress before the last.

The Chair will see that one reason for this rule is that the order to lay a bill on the table is never communicated to the other branch, and courtesy would require ns to communicate to the other branch onr disposal of the report of a conference committee; an order to lay on the table being practically thongh not technically a final disposition of the matter; in this House it is practically so, being an indefinite postponement.

Mr. HEREFORD. I insist upon my motion for the previous question.

The SPEAKER p1·o tempore. The gentleman from Massaclmsetts [Mr. HoAR] still has the floor on the point of order.

Mr. HOAR. I only desire further to say that I am opposed to this bill, and do not make the suggestion in the interest of the bill but in the interest of a very important parliamentary principle.

Mr. REAGAN. I rise to a question of order. The motion of the gentleman from West Virginia [l\1r. HEREFORD] was a demand for the previous question. He did not surrender the floor-and I made the objection when the gentleman from Massachusetts rose-he did not surrender the floor for the motion to lay the report upon the table. It is therefore not before the House.

Mr. BANKS. I rose a few moments ago to make a remark which my colleague [Mr. BoAR] has made before I obtained the floor. I wished to state the reason for this rule. This being a question of courtesy between the two Houses, a conference report must be disposed of before any other business is determined, and our action must be communicated to the Senate. Now, when a bill is laid upon the table it can never be reached again. Any proposition laid upon the table iu this Hou&e can never be again reaP-bed.

Mr. HEREJ.l,ORD. I insist on the call for the previous question. Mr. LUTTRELL. I rise to a parliamentary inquiry. Have we

not the right to demand the reading of each section of the bill to wllich an amendment is proposed by the conference committee to know what the amendment is t

Mr. Hl~REFORD. The bill is not before the House. It isonlythe conference report which is before the House.

The SPEAKER pro tempore. The Chair will rule on one point of order at a time. The point of order raised by the gentleman from Massachusetts [Mr. HOAR] will be first considered; and if gentlemen desire to address themselves to that point of order the Chair will be glad tq hear tllem. That point is whether a motion to lay the conference report on the table is now in order.

111r. HEREFORD. I claim that I had the floor and demanded the previous question. The gentleman from New York [Mr. WILLIS] did not have the floor for the purpose of moving to lay the report upon the table. ·

Mr. WILLIS. I had the floor to make that motion. Mr. HEREFORD. I made a demand for the previous question, and

on that I insist. The SPEAKER pro tempore. The gentleman from New York [Mr.

WILLI.S] would be entitled to take the floor to make that motion to lay on the t.able if that motion were in order at that time, or any other motion that is in order. But the gentleman from Massachusetts [Mr. HoAR] raises the point of order that it is not in order to move to lay the report on the table. If ~entlemen desire to address themselves to that question the Chair will be glad to hear them.

Mr. WILSON, of Iowa. I desire to say a word on the point of order. The principal point made by the gentleman from Massachusetts [Mr. BANKs] is that laying the report on the table is a finality; that if the House lays the conference report on the table that motion t~kes the bill with it, anP. we cannot reach it again. Now, sir, we. have a

method by which we can reach it. Suppose this House wants to take time to consider this report, the report may be laid upon the table and a motion to reconsider filed. That will bring the matter before the House whenever called up as a question of the v~ry highest privilege. Now, I concede that if the conference report were laid on the table without the entering of a motion to reconsider, that action would be discourteous to the Senate .. But I maintain also that if the convenience of the House requires that time should be gained for the purpose of investigating the amendments reported by a conference committee, then it is competent to table the report and to enter a motion to reconsider, which can be called up when the convenience of the House permits it.

Mr. WILLIS. Perhaps the Chair may already have before him a reference to the clause of the Digest on pag.e 8-.J, under the head of conference committ-ees, "the report may be laid on the table."

Mr. REAGAN. There is one point which I desire to raise. The chairman of the committee of conference had taken the floor and had presented his report and called for the previous question upon it, as he was entitled to demand it, and when that motion was made he was entitled to have it disposed of before any one else took the floor to make another motion, and the gentleman from New York [Mr. WILLis] made his motion to lay the report upon the table from his seat and without special recognition by the Speaker.

Mr. WILLIS . . I was recognized. Mr. REAGAN. My colleague on the committee [Mr. HEREFORD]

was recognized by the Chair. 'l'he SPEAKER p1-o tempore. The Chair has ruled upon that ques

tion, overruling the point of order. The Chair now desires to ask a question of the gentleman from Massachusetts.

Mr. REAGAN. May I ask this question in reference to the point of order which I raised T Did I understand the Speaker to decide that when a member has called the previous question he can be taken off the floor by any member in order to enable that member to make a motion T

The SPEAKER pro tempQTe. A motion to lay upon the table takes precedence of a call for the previous question.

Mr. REAGAN . .I concede that, if the other member has authority to make a motion, but the point with me is whether he can supersede another member in order to make a motion to lay on the table.

The SPEAKER pro tem.pore. When a gentleman submits a motion for the· previous question for the consideration of the House, he yields the floor, and then any other gentleman can take the floor and submit another motion which is in order at the time.

Mr. HEREFORD. Do I understand the Speaker to rule that I lost the floor when I moved the previous question f

The SPEAKER pro tempore. Yes, sir; the gentleman was not entitled to the floor after he demanded the previom question. After reporting from the committee of conference and moving the previous q nestion upon agreeing to that report, he had no further right to the floor.

The Chair now desires to ask the gentleman from Massachusetts [Mr. HoAR] whether the ruling in the Digest, to which he has refetTed, was not overruled at a subsequent timeT

Mr. HOAR. This ruling was read to the House by the Speaker at that time, and he stated that he desired to call the attention of the House to the fact that the authority in Barclay's Digest was otherwise, and thereupon, after considerable discussion, the House unanimously sustained the Chair, and held that a motion to lay a report of a committee of conference on the table was not in order. The matter was discussed by many of the most distinguished members of the Honse, alHl especially by my distinguished colleague from the fifth district, [Mr. BANKS,] who argued that a motion to lay a report from a committee of conference on the table would be an act of discourtesy to the co-ordinate branch of the Legislature; and therefore the House anthoritatively overruled such a motion.

Mr. WILLIS. I submit that the unwritten law of the House is no more bimlin~ upon it than our written law when it depends upon the memory of tne gentleman from Massachusetts.

The SPEAKER pro tempore. The Chair will decide the point of order. Under the rule of the House as it stands, stating what is the priority of motions, namely, first a. motion to adjourn, then a motion to lay on the table, and then the previous question-under that rule it would be in order ·to move to lay any report or proposition pending before the House on the table previous to taking the vote upon the main question; bnt the Chair is informed that the uniform usage of the House has been not to entertain a motion to lay on the table a report of a committee of conference, it being discomteous to the other House to dispose of it in t.hat manner, and in pursuance to the usages of the House the Chair rules that the motion to lay upon the table is not in order. This point was settled by the House on appeal from the decision of the Chair on the t;th of June, 1872. (See Congressional Globe, second session Fort,y-second Congress, page 4460.)

Mr. WILLIS. I now call for the reading of the engroesed bill. Mr. HEREFORD. The report only is before the House. The SPEAKER pro tempore. The only question before the House

is, Will the House agree to the report of the committee of conference on the disagreeing votes of the two Houses upon the amendments of the Senate to the river and harbor bill f

Mr. WILLIS. I rise to a parliamentary inquiry, and that is whether or .not the members of this House will have an opportunity before

1876. CONGRESSIONAL. RECORD-HOUSE. 5427 they are called upon to vote on the passage of this bill to know what its contents are; and, if so, when 7

The SPEAKER pro tempore. That is a matter within the control of the House, and not of the Chair.

The question was put on . seconding the demand for the previous question ; and on a division there were-ayes 95, noes 35.

Mr. WILLIS. I call the attent ion of the Chair to the foot that no quorum voted.

No quorum having voted, tellers were ordered; and Mr. HEREFORD and Mr. WILLIS were appointed.

The House divided; and the tellers reported-ayes 105, noes 43. So the previous question was seconded. The question recurred on ordering the main question to be put. Mr. WHITE. I 1·ise to a parliamentary inquiry. If the previous

question is voted down will it not be in order to recommit this report to the committee of conference!

The SPEAKER yt·o tempot·e. It will be in order if the previous question is not ordered.

Mr. WHITE. Then I hope it will be voted down. The question was taken upon ordering the main question; and

on a division there were-ayes 99, noes 35. Mr. RICE. No quorum has veted. The SPEAKER pro tem.pore. The Chair then will appoint tellers;

and Mr. RUSK and :Mr. HEREFORD will act as tellers. The House again divided; and the tellers reported-ayes 106,

noes 29. · ; .Mr. WILLIS. No quorum has voted, and I demand a further count. · The SPEAKER pro temp01·e. That can only be had by calling the yeas and nays. ·

Mr. WILLIS. If the gentleman from West Virginia will agree that we shall have a vote by yeas and nays upon the adoption of the report of the committee, I will not insist upon a further count. ·

Mr. HEREFORD. I am perfectly willing that the gentleman should have the yeas and nays.

No further count being insisted upon, the main question was ordered. The question recurred on agreeing to the report of the committee

of conference. . Mr. HURlo~BUT. Upon that question I call for the yeas and nays. The yeas and nays were ordered. Mr. MORRISON. I had intended to make some remarks upon this

bill, but will not detain the House at this time to do so. I ask unanimous consent that they may be printed in the RECORD.

Mr. WHITE. I ask unanimous consent also to print some remarks upon this bill.

Mr. WIGGINTON. I make the same request. Mr. MAGOON. I ask the same privilege . . There waa no objection, and leave was accordingly granted to the

above members to print remarks in the RECORD upon the river and harbor appropriation bill. [See Appendix.J

The question was then taken upon agreeing to the report of the committee of conference; aud there were-yeas 104, nays 55, not voting 126 ; as follows:

YEAS-Messrs . .Ashe, Atkins, Bagby, John H. Ba~tley, jr., William H. Baker Ballou, Banks, Banning, Bradford, Bradley, Bright, Bnrleilrh, John H. CaldweU: Cason, Caswell, Ua.t.e, Conger, Cook, Urounse, Davy, Dibrell; Durand, Durham, Eame11, Egbert\ Evans, Felton, Finlt~y, Forney, Foster, Franklin, Freeman, Garfield, Gunter, ·Hale, Andrew H. Hamiltou, Hancock, Benjamin W. Harris, Hartzell Haymond, Henderson, Hereford, Goldsmith W. Hewitt, Honse, Hunton, Hurd Hy: man, Kasson, Kehr, Kimball, King, Franklln Landers, Lane, Lawrence, Levy Lewis, Lynde, Magoon, MacDougall, McCrary, McDill, Monroe, Now, Norton' Page; Payne, William A.. Phillips, Pierce, Piper, Potter, Rea, Reagan, John Reilly' James B. Reilly, Riddlf', John Robbins, William M. Robbins, llusk, SampsoO: Schleicher, Sheak.ley, Slemons, A. HeiT Smith, Willirun E. Smith, Spencer, Strait, .St{)ne, Tarbox, Thomas, Thornburah, Throckmorton, Washington Townsend Tufts, Van V~r~es, John L. ,Vance, fi?~rt B. V!i'~ce, Wadd.el~ Whiting, Willard: Alpheus S. Williams, Jerexru.ah N. Williams, William B. Williams, James Wilson, and Yeates-104.

NAYS-Messrs. Ainsworth, Anderson, John H. Baker, Beebe, Bland Boone William R. Brown, Horatio C. Burchard, Cabell, Cannon, John B. Clarke'of Ken: tncky, John B. Clark, jr., of Missouri, Clymer, Cutler, Davis, Eden, Fort. Frye Goodin, Hardenber~h, Hoar, Hurlbut, Thomas L. Jones, Lapham, Luttrell, Lynch' Ma:ish, McMahon, _Meade, .Morgan, Mutch;ler, Od~ll, Paeker,, P~ppleton, Pow~~ Rainey, Randall, R1ce, Robmson, Savage, ::SCales. Smgletou, SlllDlckson, Sprin~rer Stenger, Stevenson, TeiTy, Thompson, Turney, Wait, G.WileyWells, White Wig~ .gin.ton, James Williams, and Willis-55. '

NOT Vc;>TIN9"-Messre . .Abbott, .Adams, George .A. Bagley, Bass, Bell, Bla.ckburn1 Blarr, Bliss, Blount, John Youn~ Brown, Buckner, Samuel D. Burchard William P . Caldwell, Campbell, Candler, Caulfield, Chapin, Chittenden, Cochrane' C!>llina, Cowan, Cox, Crapo1 Culberson, Danford, DarraH, De Bolt, Denison, Dob: bms, Douglas, Dunnell, Ellis, Ely, Faulkner, Fuller, Gause, Gibson Glover Goode Rob rt Hamilton, Haralson, Henry R. Harris, John T . Harris, Harrison &rtridge' Hatcher, Hathorn, Havs, Hendee, Henkle, AbramS. Hewitt, Hill Hoge Holman' Hooker, Hopkins, Hos'ki.ns, Hubbell, Hunter, Jenks, Frank Jon~ Joyoo Kelley' Knott, Lamar, George M. Landers, Leavenworth, Le Moyne~,.].ord, Mackey, MC: Farland Metcalfe, Miller, Milliken, Mills, Money, Morrison, .l.'jash Neal O'Brien Oliver, O'Neill, Phelps, John F . Philips, Plaisted, Platt, Pratt, Pdrman' Roberts' Miles Ross, Sobieski Ro s, Sayler, Schumaker, Seelye, Smalls, Southard, Sparks' Stowell, Swann, Teese, Martin I. Townsend, Tucker,'Waldron, Charles C. B. Walk: er, Gilbert C. Walker, Alexander S. Wallace, John W Wallace, Wallina Walsh Ward, Warren, Erastus Wells, Wheeler, Whitehouse, Whitthorne Wike"Andre~ Williams, Charles G. Williams, James D. Williams, Wilshire, &nj~ Wilson Alan Wood, jr., Fernando Wood, Woodburn, Woodworth, and Young-12CJ. '

So t?e report of the committee of conference was agreed to. Durmg the call of the roll the following announcements were

made: Mr. EDEN. My colleague, Mr. CAULFIELD, is detained from the

House by illness. Mr. WOODBURN. On this question I am paired with Mr. BLACK-

I

BURN, of Kentucky. If present he would vote "no," aud I would vote "ay."

Mr. MONROE. My colleague, Mr. DAr-.'"'FORD, who is ne.cessarily absent from the House this afternoon, is paired with Mr. Ht:BBELL, of Michigan, who is absent by leave of the House. If present Mr. HUBBELL would vote" ay," and 1\ir. D.U."'FORD would vote" no."

Mr. CASWELL. My colleague, Mr. WILLiiliS, of Wisconsin, is absent by Jea.ve of ~he House. If here ho would yote "ay."

Mr. HEREFORD moved to reconRider the vote by which the conference report was agreed to ; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to. CLAIM OF TILTO~, WHEELWRIGHT & CO.

Mr. BEEBE. I now call for the regular order. The SPEAKER pro tempcYre, (Mr. SAYLER.) The regular order being

called for, the Honse will now resume the consideration of the report of the Committee on Expenditures in the Navy Department in relation to the claim of Tilton, Wheelwright & CQ.

Mr. BEEBE. I understand that the gentleman from Michigan [Mr. CoNGER] will withdraw his request for the reading of the report, and we propose then to take a vote upon the resolutiOns accompanying the report without any discussion. If the further reading of the report is dispensed with, I shall call for the previous question and ask a vote upon the resolutions of the majority of the committee without any discussion.

Mr. CONGER. If that proposition is assented to, and on those conditions~ I will withdraw my demand for the further reading of the report. ·

Mr. BEEBE. I now call for the preYious question on the adoption of the resolution.

The previous question was seconded and the main question ordered; and under the operation thereof the resolutions were adopted.

Mr. BEEBE moved to reconsider the vote by which the resolutions were adopted ; and also moved that the motion to reconsider be laid on the t.able.

The latter motion was agreed to. ORDER OF BUSINESS.

Mr. TOWNSEND, of Pennsylvania. I now call for tge regular order. The SPEAKER pro tempore. The regular order is the considera

tion of the unfinished business of yesterday, upon which the gentleman from Pennsylvania [Mr. TOWNSEND] is entitled to the floor.

Mr. SINGLETON. I. rise to a privileged question. The SPEAKER pro tempore. The gentleman will state it. · Mr. SINGLETON. It is a report from the Committee on Printing. The SPEAKER pro te-mpore. That is not of so high a privilege as

to take the gentleman from Pennsylvania from the floor. Mr. TOWNSEND, of Pennsylvania. I will yield to the gentleman

from Mississippi, [Mr. SINGLETON,] if it does not come out of my time and does not take away my right to the floor.

Mr. ODELL. I move that the House now adjourn. The SPEAKER pro t~mpore. That motion is in order, inasmuch as

the gentleman from Pennsylvania [Mr. TOWNSEND] has yielded the floor.

Mr. ODELL. I will withdraw the motion. Mr. 'TOWNSEND, of Pennsylvania; In yielding the floor to the

gentleman from Mississippi, I want it understood that I am not thereby t.akeu from the fioor.

The SPEAKER pro tempore. The gentleman necessarily loses the floor when he yields to another gentleman for some other purpose. But the Chair will again recognize the gentleman .

Mr. MAcDOUGALL. I ask of the gentleman from Mississippi [Mr. SINGLETON] to yield to me for a. few moments.

The SPEAKER pro tempore. If the gentleman from Mississippi yields the floor it will be the duty of the Chair to assign the floor.

Mr. MAcDOUGALL. If it takes the gentleman from Mississippi from the tloor, I will not ask it. ·

Mr. SINGLETON. It is a matter of indifference to me whether I occupy the floor or not. I only aesire to submit a report from the Committee on Printing concerning the printing of the Agricultural Report.

Mr. MAcDOUGALL. .As I am obliged to leave town by the fiv~o'clock train, I desire now to submit a report from the Committee on Military Affairs.

Mr. RANDALL. I give notice that after the report of the gentleman from New York [Mr. MAcDOUGALL] is disposed of I 'hall call for the regular order.

MAJOR J. T. TURNER.

Mr. MAcDOUGALL. I am instructed by the Committee on Military Affairs M report back, with a recommendation that the same do pass, Senate bill N o.•561 for the relief of Major Junius T. Turner.

The bill was read. It authorizes and directs the Paymaster-General to pay to J uuius T. Turner, of Washington, District of Columbia, late a captain in the Third Regiment of Maryland Cavalry Volunteers, such sum as shall equal the travel-pay of a captain of volunteers from Washington, District of Columbia, ~ San Francisco, California., such distance to be computed by the nearest traveled route.

The bill was ordered t-o a third reading, read the third time, and passed.


Mr. MAcDOUGALL moved to reconsider the· vote by which the bill w.as passed; and also moved that the motion to reconsider be laid on the table.

The latter motion was agrefld to. PACIFIC MAIL STEAMSHIP COMPANY.

Mr. WAD DELL." I aak that the amendments to the bill (S. No: 1021) allowing the Pacific Mail Steamship Company to carry the mails in their new iron steamsbips be insisted upon, and that the House ugree to t.he conference asked by the Senate.

There being no objection, it was o1·dered accordingly. The SPEAKER pro tempo're announced the appointment of Mr.

WAD DELL, Mr. LUTTRELL, and Mr. GARFmLD as the conferees on the part o~ the House.

ORDER OF BUSINESS.

Mr. CONGER. Mr. Speaker, I withdrew a moment ago the call for the reading of a report which would have occupied considerable time, mainly in order that some investigating committees who are prepared to report might put in their reports to-night. I refer more particularly, if the chairman is ready, to the investigation of Federal officers in Louisiana. I believe the committee are prepared to make their report without discussion, simply to have it printed.

The SPEAKER pro tentpore. The Chair must recognize the gentleman from Pe'nnsylvania, [Mr. TOWNSEND,] who, under the rules, is entitled to the floor.

Mr. CONGER. There will be no discussion on this report. Mr. TOWNSEND, of Pennsylvania. If I am entitled to the floor,

I propose to go on. . The SPEAKER pro tempore. The Chair recognizes the gentleman

as eutit.led to the iloor. Mr. HUNTON. I ask the gentleman from Pennsylvania to yield

for a moment to me that I may introduce a disability bill, which will not take any time.

Mr. TOWNSEND, of Pennsylvania. I cannot yield to any one, because there are so many applications to me that if I should yield to all, I sl10uld not be able to proceed.

TEMPORARY APPROPRIATIO~S FOR SUPPORT OF THE GOVERNMENT.

Mr. TOWNSEND, of Pennsylvania, proceeded to address the House, but during the delivery of his remarks, yielded to ·

Mr. RANDALL, who said: Mr. Speaker, the appropriation bills, I may say, are now substantially agreed upon. There are, howeve1·, a thousand amendments embraced in the legislative bill alone, and it is impossible that the clerks can prepare that uill and the others today so that they may be presented to the two Houses for final passage. Iu view of this fact, it has been deemed proper, upon consultation with the Secretary of the Treasury, to present for adoption now a bill making temporary appropriations for the expenditures of the Government. The communication b.·om the Secretary of the Treasury is in these words:

I think the time should be so extended aa to cover the passage of the appropria-tion bills. ·

LO'.r M. MORRILL, Secretary of fJI.e Treasury.

Recognizing, in concurrence with the judgment of the Secretary, the necessity for a measure of this kind, 1 ask unanimous consent to introduce a bill entitled "A bill to continue the provisions of an act entitled '-'ul act to provide temporarily for the expenditures of the Government.'"

There being no objection, the bill (H. R. No. 4087) was introduced and reoo a first and second time.

'fhe !Jill provides that the provisions of thEJ act approved July 31, 18i6, entitled "An act to continue the provisions of an act entitled 'An act to provide temporarily for the expenditures of the Government, approved June ::«>, 1876,'" be extended and continued in full force aud effect until and including the 14th day of August, 187~

Mr. RANDALL. That is next Monday. The bill was ordered to be engrossed and read a third time; and

being engrosied, it was accordingly read the third time, and passed, there being ayes 98, noes not counted. ·

Mr. RANDALL moved to reconsider the vote by which the bill was pa-ssed; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to. Mr. RANDALL. I now return the floor to my colleague, [Mr.

TOWNSE~D, of Pennsylvania,] and thank him for his courtesy. GOLD AND SILVER COIN.A.GE.

Mr. TOWNSEND, of Pennsylvania. Mr. Spea,ker, when the ham-· mer fell on my remarks on the silver question last Saturday afternoon I was about to give a brief history of our national legislation on our metallic currency, and being prevented then:'! avail myself of the opportunity afforded me now briefly to g-ive that history.

In doing so I will endeavor to avoid treating it from a partisan stand-point, for it ought never to be considered a party question, and I will speak of it entirely as a question of financial policy and politi-cal economy. ·

The only bill as yet reported to the Ho\186 on this subject is the bill of the gentleman from MissoUii, although.other bills having a similar effect have been endeavored to be submitted to our attent.ion.

With regard to the bill of the gentleman from Missouri, [Mr.

BL.U~'D,] if we strip it of all its machinery of gold notes and silver notes, and gold bars and silver bars, the whole case, in my judgment, lies in a very naiTow compass. It is simply this proposition, whether any national legislature can by statute prescribe and tix a certain definite proportion between the values of any two commodities while the production of those commodities is left unrestricted and free, whether those commodities be wheat and corn, or cloth and muslin, or copper and nickel, or silver and gold, or any other products of labor whatsoever.

The friends of the bill of the gentleman from Missouri think that it can be done, and in his bill the gentleman has fixed the proportion between silver and gold precisely at 16 to 1 by authorizing the recoinage of the silver dollar at 412.8 grains and leaving its coinage unlimited and unrestricted, a.ud making it a legal tender of all debts, public and private, to auy amount, not specified to be paid in gold coin.

I think the experience of the world shows a sufficient number of · instances where governments have endeavored to fix the proportions between different kinds of money and have signally failed, to satisfy any reflecting mind of the impossibility of such a task. Our revo~ lutionary fathers endeavored first to maintain an equality between their paper issues and specie. Failhtg therei11, they next attempted to mamtain a definite proportion between their paper money and the Spanish silver dollar without any better success, for as the war went on the paper issues increased and their proportionate values were continually changing.

The French revolutionary government, with ita wonderfnt energy and terribly despotic power, strove to regulate the prices of the products. of industry, especially of the necessaries of life, and also to preserve an equality between their assignats and coin. To effect this re~nlt they enacted the most severe penalties against any one who should attempt to sell at prices above what were fixed by law or should hold coin at a higher value than the nominal value affixed to their paper currency. They were not, however, more successful than our revolutionary ancestors, and men bought, and sold, and paid prices for commodities, and accepted paper money or specie, according to their own views of -&heir respective values. The laws of trade and commerce were then, as now, stronger than the laws of the national legislature.

As it has been with the prices of other commodities, so has it always been with metallic currencies. Being the products of labor, they are regulated by the same commercial laws as wheat and corn, cotton and muslin, tobacco and whisky; supply and demand, the a.ction of other governments on their currencies, and other factitious circumstances fixing their prices and varying their proportionate values in the markets of the world. ·

All governments have found it impossible to preserve a fixed and definite proportion between the different metals that they have used for a currency.

Our own country is a notable instance of the difficulty; for alth.ough we have had nominally a double standard or bimetallic currency, yet really and practically it ha.~ been but a single one, sometimes of silver and sometimes of gold, according to the value we may have affixed by statute to the coinage of either metal.

Under the act of April 2, 179'2, establishing a mint, the proportion between silver and gold, at the suggestion of Hamilton, then Secretary of the Treasury, was fixed at 15 to 1. By. that act the eagle contained 24.75 grains of pure gold to the dollar or Zi grains standard, and the silver dollar contained 371t grains pure silver or 416 grains standard. By that legislation the gold was undervalued and the gold coins were exported to countries where they were valued higher. This propor~ tion remained until 1834, and silver was the practical currency, no ·gold being seen in the hands of the people as a circulating medium. The O'Old coinage between 1792 and 1834, both years included, was $15.680,000 only, while the silver coinage, less minor coins, reached $39,690,000.

In an endeavor to obtain a more correct valuation of the two metals and make a more proper adjustment of the proportion between them, Congress, by the act of Jtme 28, 1834, fixed the quantity of pure golcl in the eagle at 232 grains or 258 grains standard, the silver dollar remaining as before, thus . making the proportion between th~ two metals, 15.407 to 1. .

This change reduced the amount of pure gold in the eagle about 6.26 per cent. on its former weight, and the gold began to circulate as currency. It still did not produce the desired result; and on January 18, 1837, anothe1· effort was made tO make statutory regulations conform t.o the Jaws of commerce. and the weight of the silver dollar was fixed at 412t grains, the ratio between silver and gold being thus arranged at nearly 16 to 1.

But commerce ruled. The price of silver in the market governed its circulation, and from this period to 1853 the silver coinage disappeared to a considerable e:x;tent and the pr~vailing coinage was gold, the double eagle and the gold dollar having been authorized by the act of March 3, 1849, in the proportions of standard gold in I be ea~~e.

The effect of these laws of 1834 and 1B.'l7, together with the aiscovery of gold in California, was shown in the mint returns, which showed a coinage of gold from 1B35 to 1852, inclusive of both years, of $221,011,000, and of silver, less minor coins, of $39,523,000 ouly.

Notwithstanding these changes in the coinage the ,n ver coins were exported, and: in order to keep .sufficient sU ver coins in the coon try for

1876. CONGRESSIONAL RECORD-HOUSE. 5429 change for the use of the people, on February 21, 1853, Congress demonetized those coins of a denomination less than a dollar and fixed the half dollar at 192 grains standard silver and the lesser denominations in proportion, and fixed their legal-tender quality at $5, and authorized the gold piece of $3.

This reduction in weight and change in the proportion between the lesser silver coin:; and gold to 14.1!::8 to 1 and consequent overvaluation of them, served to keep the subsidiary coins from exportation; but the silver dollar, that remained at its weight of 4121- grains, was undervalued, which, at the ruling prices of silver in the market, caused its exportation, and left gold as the principal medium of exchange for the larger contracts of the people.

The gold coinage from 1853 to 1873 inclusive was $580,111,000, and the silver coinage $G5,929,000.

'l'he large production of gold between 1847 and 1873 disturbed the pl'Oportion between the silver and gold coins. In the latter year silver sold in the market at one hnndred and eighteen centfl per ounce, and the silver dollar was worth a fra<ltion over one hundred and three cents in countries using silver eoin, but was valued by us at only one hundred cents, and consequently was withdrawn from circulation and exported at a profit to the bullion-broker. .

Congress again intervened and made another change in the silve-r coina~e, and in 1873 established the half dollar at 19-2.9 grains and the mrnor silver coins in proportion, thus making two half dollars just equal to the five-franc piece of France. It left out of the coinagt) the silver dollar of 412.5 grains, after full debate on several occasions in the Forty-first and Forty-second Congresses, and authorized the trade dollar of 420 grains for the benefit of the local trade between Califortria and China and Japan, and demonetized the whole mass by restricting its legal-tender power to $5 in any one payment, and made the gold dollar the unit of value.

}'rom this it will be seen that from 1792 to 1834 our metallic cur-· rency, although nominally bimetallic, was really only of · silver, and froQl the latter date till now it has practically been only of gold, with the exception of that small portion of silver which has been overvalued and demonetized for the purpose of keeping it as tokens for change in the small transactions of every-day life.

Five different effort.s have thus been made by our Con~ess to establish a double standard of metallic currency, all of which have failed to produce the result desired. ·

England also tried the experiment with a like want of success. In 1816 she abandoned the effort, and the only silver coins she tolerates are small silver coins or tokens, which are so greatly overvalued that they remain at home for change among her laboring classes and the shopkeepers.

We are pointed to France as an instance of the success of a bimetallic currency, but, like England, she does not allow an unrestricted coinage of silver. In 1866 she formed a monetary union with Jtaly, Belgium, and Switzerland to last untill880, as stated in the report of the Director of the .Mint for 1875, whereby all silver coins of those countries · below the five-franc piece were degraded from 900 parts fine to 8:-35 parts, and the issues restricted to six francs or about 116 cents to each inhabitant, so that her minor silver coins are depreciated in quality, and all are restricted in quantity. It i~ thus that these countries prevent an excess of issues of silYer coins and keep the supply down to what governments may deem the wants of _those nations. Their legislation, althou~h somewhat different from ours, has practically the same effect, ana. shows th.eir consciousness of an inability to keep up a double standar when the production and coin-age of t.he metals are unrestricted. ·

The Netherlands have closed their mints against silver coinage, except for government purposes.

ago it was sold at 47 pence per ounce, equal to 92.726 cents in our currency, and making the silver dollar worth 74.53 cents in gold. At that price it would require 553.87 grains of silver in a. silver dollar to make it equal in value to a gold dollar, making the -proportion 21.46 to 1. By the last quotations it has risen to 51 pence per ounce, equivalent to 100.6 cents, and worth 86.53 per dollar, or 3.47 cents less than greenbacks, and requiring that there should be 477.04 grains of silver to equal a gold dollar, which would be about equal to 18.5 tol.

Such fluctuating values would disturb all the contracts and business of the people and would require-continuous and vacillatin~ legislation to keep the proper proportions between gold and silver, if we shonld endeavor to keop up a double standard.

The effect of the contemplated law would be to substitute the cheaper metallic cunency for the more valuable one, and remit us back a{;ain to a single standard of bulky silver. It would .drive every aollar of gold out of the country, and give us a changing standard as variable as an India-rubber yard-stick would be, and would alter, at the same time, aU contracts that bad been made aU over the nation. It would be to require ·au creditors, whether men working for daily wages or monthly pay, all men on salaries, all annuitants, to receive 13.47 cents in the dolloc less than they had bargained for. It would enable the savings-banks to pay their 900,-000,000 of indebtedness to t.be working classes at a sum over 13 per cent. below gold and about 3t per cent. less than the paper dollar. It would enable the national banks to pay their depositors the $620,000,000 they owe them in depreciated silver at the same reduction. It would rednce the duties on imports to the amount of the difference in value between the silver coinage and the gold ·n which they are now payable, and encourage the importation of excessive quantities of goods to the injury of the American manufacturer, closing up many establishments and throwing thousands of workmen out of employment,

All duties being then payable under the propo ed law in a silver currency, the Government would have to buy gold to pay the interest on the public debt at a heavy loss, but if partisan clamor should drive the Government to pay the principal or interest of the national indebteclness in silver, then the Government creditors would have to take 13.47 cents less in the dollar than they had supposed they bargained for if silver remained at the present rates.

If this construction should be put upon such a la\V as is proposed, it would be considered a partial repudiation of the national obligations i it would be fatal to our public credit, and would defeat, a.s I have heretofore said, all efforts toward changing the remaining 1,000,-000,000 of 6 per cent. bonds to loans at a lower rate of interest, for every lender of money to the Government supposed he was to have gold coin in return. As some of the countries of Europe are demonetizing it a.s a standard, the increased value which wonld he temporarily given to it here, if the hill should become a law, would make this country the common receptacle of all the demonetized silver of the Old World and tbns eventually bear down its price below its present market rates, for that silver, waiting for a lletter market, may probably be counted at more than a hundred million of dollars.

Gold, being a scarcer metal and its production less variable, ha.s been considered by most nations the most valuable for a metallic currency. 1ts prices measured by ot·her commodities do not fluctuate so much or so rapidly as silver, ancl Mr. Linderman, the able Director of the Mint, in his report of 1873, after stating the disturbances that have arisen in the bullion market, says :

It is evid£nt that Oongress acted toisely in establishing gold as tl~.e sole &tand4rd of value.

He also says in the same report that-The mint report just quoted says that the exclusive gold standard

since ltl70 has been adopted by the United States, Germany, Japan, The experiences of different countriesl our own inc1uded, have conclusively shown that the double or alternate standard ot gohl and silvl'r at fixed rates is S111Jject to Sweden, Denmark, and Norway. derangement from variations in tho relative Taluo of tho two metals. and that the ·

The silver standard in Russia, Austria, Mexico, China, and the In" s~y .value of the .money unit, wbic~ is a matt-er of great ll;nportanoo, can only be dies yet prevails. The don ble standard exists in J!rance, Belgium, main~e~ by makm~ne of ~e.prec1ous m~t.:1ts t,be standard or measure of value, Italy, Switzerland, the Netherlands, Portugal, and Spain to a limited and assigmng a aulJor ate position as to com age for tho other. extent. The restricted character of the double standard there I have From the experience of foreign nations and our own I a.m satisfied

• already shown. · that an unrestricted bimetallic currency of equal valno camiot be It will thus be seen that all efforts of the nations to keep rrp an un- maintained, and is a commercial and financial impossib1lity.

restricted double ~t,andard have failed. It must necessarily be so, be- In my judgment, then, the passage of t.be bill would be a national cause the proportionate production and uses of the two metals are · calamit.y. It would be prejudicial to national credit and national continually changing, and hence their relative values will change as honor, for by the general understanding of the Government and its well. · creditors, as I have endeavorAd to show on a former occasion, its oe-

It is a well known rule of finance that where two curreucies.of ligations were understood to be payable in gold, for when our loans different values are imposed upon a people with intent that they were contracted gold was the only metallic "coin," save subsidiary shall circulate together, the cheaper one always drives out the dearer coins, known to the people of the nation; and in addition it would or more valuable one. disturb and unsettle all contracts that have been entered into between

It is proposed by tho bill of the gentleman from Missouri and other individuals. bills that have been offered here to create a silver dollar of 412.8 I trust the bill will not be allowed to pass. . grains, which is just sixteen times the weight of the gold dollar, and Mr. BLAND. The gentleman from Pennsylvania. tMr. ToWNSE~i'D] to make it a legal tender for all debts public and private. has referred to the payment of Government bonds in gold alone. I

The impracticability of using silver for a general and reliable cur- wish to ask him whether the ac~ of 1869 does not specifically declare 1·ency may be well seen in its great fluctuatingTalues. . those bonds payable in golcl and silver, recognizing silver as well as

The sales in London rule the market here and fix our prices. En· gold as a proper medium of payment t gliah silver is 925 parts in 1,000, fine, om standard js nine-tenths fine. Mr. TOWNSEND, of Pennsylvania. Tb~ act of 1869 says tha.t the

In 1863 silver was worth 61! pence per ounce in London, equal to bonds of the Government are payable in coin. As I endeavored to 121 cents here. In 1e72 it had fal1en to 60t pence per ounce, or show on a former occasion,. the only coin then known to the people 119 cents in our CUIT6ncy, making the then silver {lollar worth a waa gold except subsidiary coins not a. legal-tender over $5. little o.ver 103 cents, and making it profitable to export it. A month I now yield to my friend from Mississippi, [Mr. LYNCH.]

5430 CONGRESSIONAL RECORD-SENATE. AUGtTST 11,

The SPEAKER pro tempore. The gentleman· from Mississippi [Mr. LYNCH] is entitled to the thirty minutes remaining of the hour of the gentleman from Pennsylvania.

Mr. WELLS, of .Mississippi. Will my colleague [Mr. LYNCH] yield for a motion to adjourn t

Mr. LYNCH. Befort' yielding for that motion, I want to make a request of the House. I am very desirous to speak, because my State as well as the race with which I am identified baa been very extensively alluded to in discussions in this House. But it would be impossible for me to say in thirty minutes all that I desire to say. I therefore ask the House to allow me, when this question is again · taken up, to speak as within my own time, so that I shall be entitled to an hour instead of thirty minutes. I hope there will be no objection to this request. · Mr. BLAND. I shall object, as I want to press the silver bill. The SPEAKER pro tempm·e. · The Chair will state the position of

the gentleman from Mississippi. He occupies the floor for the remaining portion of the hour of the gentleman from Pennsylvania. At the expiration of those thirty minutes, unless there is unanimous consent, his time cannot be extended any further. If any gentleman moves to lay the motion to reconsider upon the table, further time may be extended to him, but the Chair would be compelled to give an opportunity for the motion to lay upon the table. ·

Mr. LYNCH. I hope the gentleman from Missouri will withdraw his objection.

Mr. STENGER. When the time of the gentleman from Mississippi has expired, I give notice I shall move that the motion to reconsider be laid upon the table.

Mr. CONGER. I hope there will be no objection to recei viug reports for printing.

The SPEAKER pro tempore. The gentleman from Mississippi has yielded to his colleague·[Mr. WELLS] to move the House adjourn.

Mr. WELLS, of Mississippi. I move the House now adjourn, and insist on the motion being put to the House.

Mr. BANNING. Before we adjourn I should like to make a statement to the House.

The SPEAKER pro tempore. Whatever is done must be by unanimous consent.

Mr. WELLS, of Mississippi. I will yield to the gentleman for a motion t.o refer.

The SPEAKER pro tempore. That can only be done by unanimous consent.

Mr. CONGER. I ask that the gentleman from Inuiana LMr. Nnw] be permitted to make his report, to be laid upon the table and 'ordered to be printed, and also that an opportunity be afforded to sub-mit a report from the minority. '

The SPEAKER pro tempore. It is not proper for the gentleman from Mississippi to make a motion to adjourn and then parcel out the floor to half a dozen members to introduce this or that proposition.

Mr. WELLS, of Mississippi. I demand the regular order of busi-ness. ·

The SPEAKER pro tempore. The regular order of business is the motion to adjourn.

Mr. NEW. I ask unanimous consent to submit a report from a select committee.

The SPEAKER pro tempore. T~ Chair would be glad to entertain any request. The mere fact, ~owever, that the gentleman rises to submit a privileged report does not entitle him to be recognized pending the motion to adjourn. _/If there be no objection, however, the Chair will recognize the gen~leman from Indiana.

Mr. CONGER. It is only to ~bruit a report for printing. :Mr. RICE. I demand the regular order of business. The SPEAKER pro tempore. The gentleman from Ohio demands

the regular order of business, which is a motion to adjourn; pending · that, however, the Chair aske by unanimous consent that a report may be re~ived from the Committee on Enrolled Bills.

ENROLLED BILLS.

Mr. BAKER, of New York, from the Committee on Enrolled Bills, reported that they had examined and found truly enrolled bills of the following titles; when the Speaker p-ro tempore signed the same:

An aot (H. R. No. 3856) for the relief o.f William H. French, jr., United States Army, late Indian agent at Crow Creek, Dakota;

An act (H. R. No. 3392) for the relief of John R. Harrington; and An act (S. No. 779) to provide for the sale of the reservation of the

confederated Otoe and Missouria Indians in the States of Kansas and Nebraska.

APP1tOV AJ, OF A BILL.

A message from the President, by U.S. G~"T, jr., his Secretary, informed the House that the President had approved and signed a bill of the House of the following title:

An act (H. R. No. 1336) to establish a new land district in the territory of Wyoming.

CO'ITON CLAIMS. The SPEAKER pro tempore. The Chair, by unanimous consent, lays

before the House a letter from the Secretary of the Treasury, in reference to a. res9lution of the House of March 14, transmitting a tabular statement of cotton claims p~sented to and paid by the Secretary of the Treasury from Jan nary 1, 1865, to Jan nary 30, 1b'76.

Mr. WILLIS. I move that communication be referred to the Committee on Expenditures in the Treasury Department, and ordered to be printed.

Mr. WILSON, of Iowa. I think the order to print shoulU not be made until the Committee on Expenditures in the Treasury Department report whether its printing is necessary or not.

Mr. WILLIS. If it is not printed, it will facilitate more robbery. The SPEAKER p1·o tempore. It is not a question of argument. The report was ordered to be printed, and referred to the Commit-

tee on Expenditures in the Treasury Department. LEAVE OF ABSENCE.

By unanimous consent, leave of absence was granted in the fol-lowing cases : .

To Rev. I. L. Townsend, Chaplain of the House, for one day; To Mr. ROBINSON, indefinitely on account of sickness; To Mr. FAULKNER, indefinitely on account of sickness; To Mr. WALDRON indefinitely ; To Mr. SEELYE an extension for nine days; To Mr. BAKER, of New York, indefinitely on account of illness; and To Mr. DAVIS, for ten days from the 11th instant.

CONDUCT OF LOUISIANA FEDERAL OFFICE.RS. Mr. NEW. If there be no objection I will submit areportfrom the

committee on the management of federal offices in Louisiana, and ask also that the minority be allowed to present their views, n,nd that both be laid upon the table and ordered to be printed.

The SPEAKER pro tempm·e. The Chair hears no objection. Mr. CONGER. I present the views of the minority, and ask that

they be printed with the majority report. Mr. DARRAL~. I submit a minority report on that branch of the

inquiry relating to the shooting of Senator Twitchell and David King at Coushatta, Louisiana, and ask it be printed with the other reports.

The SPEAKER pro tempm·e. The Chair hears no objection ; and the reports will be laid upon the table, and ordered to be printed.

And then (at five o'clock and twenty-five minutesp. m.) tlie Honse adjourned.

PETITIONS, ETC. The following petitions, memorials, and other papers were presented

at the Clerk's desk under the rule, and referred as stated: By Mr. FINLEY: The petition of Eveline Glover, that she be

granted a pension from the time of the den,th of her late husband, who was a private in Company E, First Regiment Florida Cavalry, to the Committee on Invalid Pensions.

By Mr. HUNTON: .The petition of Caroline R. Dulany, widow of Commodore Bladen Dulany, that her pension be increased to 50 per month, to the Committee on Revolutionary Pensions.

Also, the petition of Sarah A. Auld and Mary E. Duncan, heirs at law of Edward Auld, decea.sed, for compensation for property taken and used by the United States Army, to the Committee on War Claims.

Also, papers relating to the petition of R. A. Somerville, for rectification of certain allowances to his father, William Somerville, deceased, who was an officer in the revolutionacy ·war, to the Commit-tee on Revolutionary Pensions. ·

By Mr. WARD: The petition of George E. Ward, late a private in Company K, Thirteenth New Yo:rk Cavalry Volunteers, for an increa.se of pension, to t~e Committee on In valid Pensions.

IN SENATE. FRIDAY, August 11, 1876.

Prayer by the Chaplain, Rev. BYRON SUNDERLAND, D. D. THE JOURNAL.

The Journal of yesterday's proceedings was read. Mr. EDMUNDS. I see that the Journal does not show the motion

for a recess that I made, the point of order submitted, and the ruling of the Cha.ir, as I believe the Journal should as a part of the action of the Senate. If that ruling is to stanrl as a precedent, it ought to be in the Journal, so that we shall know officially what the proceeding was. I think the Journal ought to be corrected in that particular.

Mr. CAMERON, of Wisconsin. On Tuesday last the Senate entered an order--

Mr. EDMUNDS. I had called attention to a question ofJthe Journal which is not yet disposed of.

The PRESIDENT pro ternpore. In what respect does the Senator from Vermont desire the Journal to be corrected t

Mr. EDMUNDS. I submit that the J onrnal is not full in not showing the motion that was submitted for a recess, the point of order that was made .npon it, and the ruling of the Senate speaking through the Chair on that point. ThAt was a part of the proceedings of the Senate, and I think the Journal ought to show it. If it is to stand as a precedent, the Journal cenainly ought to show it. I, of course, care nothing about it in this pariicular instance; but I think the Journal always ought to show all the proceedings. This pnrtleular

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