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Mr. FESSENDEN. I can state what it is we have collected the revenue this addition Mr. HOWE. The Senator from Ohio, I exactly. It is simply inserting a couple of to their expenses of six dollars a day for the think, was not entirely right in saying that that provisions omitted in the enrollment of two storekeeper is a very large addition. Indeed, provision was incorporated in the bill which appropriation bills at the last session. The to a small country distiller the pay of the store. passed at the last Congress without being subSenator will have no objection to the amend keeper is almost equal to the entire expense mitted to any committee. It is true, I believe, ment, I take it. of running an old-fashioned still.
that it was not submitted to the Commiitee on Mr. SHERMAN. I have no objection to Mr. HOWE. Is it not just as hard on the Finance. was submitted to the Committee the amendment you propose to the resolution. Treasury to pay it?
on Appropriations, not the most appropriate Mr. FESSENDEN. 'Let the amendment | Mr. SHERMAN. I know that, but the rule committee, perhaps, but a committee, and a be adopted, and in the mean time the Senator ought to be uniform. There should be a reg. committee which had jurisdiction of the subcan get the resolution. The amendment of ular graduation. There is no reason in the ject. The Senator argues that if the merits of the committee is to insert the words “internal world why a distiller with a small distillery that proposition were before the Senate it would revenue" before “bonded warehouses," so should pay a higher percentage upon the prod. be open to very grave objections, and be states that it will read : “all internal revenue bonded uct than a distiller with a large distillery. But,
The force of neither of the objections warehouses. The provision was not intended as I said, this is a mere movement to correct stated has made an impression upon my mind. to cover bonded warehouses connected with a mistake in the enrollment of a bill, and as The first objection is, he says, that it would the customs at all, and it could not be applied | this provision was inserted by both Houses of repeal the fixed policy of the internal revenue to them.
Congress, though without reference to any com laws, which is to divorce the distiller from the Mr. SHERMAN. I wish simply to state to mittee, I have not felt disposed to make any officer in charge of the warehouse; that it had the Senate that this is a resolution to correct opposition, though if the proposition was before | been the policy of the law to pay the officer certain omissions in enrollments. I have no us as an independent one I should oppose it, out of the Treasury, and to allow no sort of objection to correcting the enrollment, and thinking it a bad one.
connection between bim and the distiller. This therefore I presuine I shall vote for the res As for making a discrimination between a provision he thinks repeals that. It seems to olution. But I desire to state that this pro warehouse of imported goods and a warehouse me he is mistaken. It seems to me that, if I vision- which was inserted in an appropria- | of whisky, that is a matter which I am not remember the phraseology aright, under this tion bill ou the last day of the session-will, insufficiently familiar with to speak about with law the officer will still be paid out of the my judgment, work a very serious and marked certainty or to give any opinion upon. My Treasury, and the distiller will pay into the injury to the public service. Without reflection, || impression is that this could not be a very Treasury, in addition to the tax on the spirits without reference to a committee, without the severe expense if it should fall on the owners distilled, whatever sum the otticer draws out. examination of any committee, without inquiry | of those warehouses, because they are large. The connection between the officer and the disby any one connected with the revenue service, Mr. FESSENDEN. I can explain it readily. tiller under this law is no more intiinale ihan it deranges the whole theory of the law relating There is no parallelism between the cases. The | it was under the former law. The Senator: to the collection of the tax on whisky. But it persons who are appointed under the internal seems to concede that; but he says that the was put on by both Houses in the closing days revenue laws as agents to take charge of these distiller may pay the officer a sum in addition of the session, and this is a proposition to cor distillery warehouses are appointed simply and to that fixed by the law. I concede that that rect the enrollment. I feel, therefore, some solely for the warebouses for that particular is so; but I submit to the honorable Senator what in doubt whether I ought to oppose the business carried on at that particular place. A from Ohio whether the distiller cannot do it merits of the proposition merely in a resolu: man is appointed for a particular individual | just as well under one law as under the other. tion providing for the correction of the enroll- | place to guard the interests of the Government No matter what you require the distiller to pay ment. I do not see how the enrolling clerk there. Without that there would be no sort of into the Treasury, he can, if he chooses, make could have dropped this provision in enrolling occasion for his services, and the question is money out of it, and pay the officer in charge the bill. It is one of those mistakes that is whether, his services being required for the pro of the warehouse an additional sum. unaccountable. Therefore I have felt disposed tection of the Government, the Government But the Senator urges as a second objection to allow the correction of the enrollment; but shall pay or the distiller himself. If the man that this does not discriminate sufliciently be. the provision itself is wrong. I am satisfied did not distill whisky at that particular place tween the small and the large distiller; that that ibe Senator from Maine, who is fainiliar there would be no need of the officer. There the distiller wbo manufactures a great many with the internal revenue law, if he will retlect fore he is appointed to that place, and that gallons per day can well afford to pay this adabout it will see that this provision is wrong.
alone. But in the customs warehouses the ditional per diem sum into the Treasury, whereas I will read it. This is the provision:
matter is attended to by the regular custom the disüller who manufactures but a small Provided further, That after the passage of this act
house officers, inspectors, or other persons, quantity would find it a hardship to pay it. the proprietors of all bonded warehouses shall reim who are occasionally detailed to take the key That is true. There is nothing in the law that burse to the United States the expense and salary of all storekeepers or other officers in charge of such
of one of these buildings, and it is a very small || requires any distiller to limit himself to a parWarehouses, and the same shall be paid into the part of their business and goes along in the ticular quantity ; but I put it to the Senator Treasury and accounted for like other public moneys. ordinary course of business. The salaries of from Ohio, I put it to the Senate, if it is not
The theory of the law we passed a year ago those officers would be paid anyhow. The sal. just as hard for the Government to be obliged was that the pay of the storekeeper should be aries are lixed by law, and must be paid, and to pay the same sum per day for taking charge entirely detached from the interest of the dis. the care of the warehouses is simply a part of of a warehouse kept for the accommodation tiller. Under the old law the distiller paid the duties for which they are assigned, and, as of a small distiller as it pays for a warenouse certain officers provided for in the distillery || I said before, a small part
. In addition to that, kept for the accommodation of a large distiller? warebouse; but under the law passed a year payinent of all the additional expenses occa Perhaps the Government can better afford to ago the storekeepers who were appointed for sioned to the Government by the detail of these pay the money than the distiller. That depends the purpose ot taking charge of the warehouses men is now made by regulation of the Depart- upon which is making the most out of the were to be paid out of the public Treasury, and inent, which is law because the regulations are liquor. I think the distiller can well afford to were not to be convected, directly or indirectly, made by virtue of statute, by the person whose pay, in addition to the small tax imposed upon with the distiller, and were to be entirely inde goods are thus taken care of, and paid under the ibis manufacture, this sum now disbursed as pendent of bim. The object of the law, one of name of storage. The matter has been under compensation to the warehouse man; and I am ibe chief merits of that change, was to discon: consideration by the Supreme Court. I bappen toid--1 do not know how the fact is--that this nect entirely the storekeeper from the distiller; to know about it because I am counsel in the simple provision will save from a million and but under the law as it is now proposed to be The Department made a rule by which a half io two million dollars to the Treasury. made we restore the old system, by which the they provided that all the extra expenses oc. The amendment was agreed to. storekeeper is in effect a paid employé of the casioned by taking care of the goods should be The next amendment was in line five of the distiller. It is true the amount of wages is paid by the importer and paid under the name
resolution, after the word “hereby,” to insert fixed by the law, but it would be very easy for of storage, and they charge him a certain pro. "as amended;" so as to read : a distiller to increase at his option the pay of portion of what ordinary storage would cost.
That the following items omitted in the enrollment the storekeeper, because the pay all comes from it is not storage in fact, because the person of appropriation acis, approved March 3, 1869, be, the distiller. who has the goods in store furnishes the store;
and tho same are hereby, as amended, made valid Then there is another objection to it. It is but the Department so detines it, and so charges
portions of the acts from which they were omitted. a discrimination against the small distillers, the extra expense of the officer who is detailed
The amendment was agreed to. who are already very severely dealt with by the to perform the duty, so that all that expense The joint resolution was reported to the Senoperations of the law, because a small distiller is in fact paid by the individuals for whom it
amended, and the amendments were distilling say one or two barrels a day cannot is incurred. Here this is applying the same concurred in. afford to pay six dollars a day to the store rule to the internal revenue precisely that is
Mr. POMEROY. I suppose this has no keepers. It amounts to a very large percent. applied there, making the distiller pay the ex reference to distillers getting whisky out of the age upon his product, while to a distiller having penses of the Governinent guardianship over bonded warehouses. a distillery yielding one hundred barrels a day the distillery, and I see no distinction between Mr. FESSENDEN. No relation to that at the pay of a storekeeper trebled, quadrupled, the two cases; and it was for that reason we all. multiplied a hundredföld, is of but liú le account; put in the amendment. I stated before tbat Mr. POMEROY. That question was up at it is probably less than one tenth of one per in my judginent very probably tbat would be the close of the session, and I did not know cent. on the value of the product of his still. the construction of the law from the location but that this had some relation to it. But with the Kentucky distilleries and all the of the provision; but as there is a doubt about Mr. FESSENDEN. Notbing but providing Various distilleries in the country places where it it is best to make it clear and distinct. who shall pay the expense.
ate as am
Mr. POMEROY. I do not want their way tives concurring,) That ten thousand copies of the There being no objection, the bill was read made easy for them to get their whisky out.
report of Professor Raymond on mines and mining twice by its title, referred to the Committee on The amendments were ordered to be enbe printed for the use of the Senate.
Appropriations, and ordered to be printed. grossed, and the joint resolution to be read a Mr. STEWART. I understand that by re. Mr. 'RAMSEY submitted amendments in. third time. The joint resolution was read the cent law it requires a concurrent resolution to tended to be proposed to the bill (H. R. No. third time, and passed.
order such printing. I move the reference of 123) making appropriations for the current and BILLS INTRODUCED,
the resolution to the Committee on Printing. || contingent expenses of the Indian department, The motion was agreed to.
and for fulfilling treaty stipulations with variMr. RAMSEY asked, and by unanimous con
COMMITTEE ON DISABILITY REMOVALS.
ous Indian tribes for the year ending June 30, sent obtained, leave to introduce a bill (S. No. 184) for the protection of settlers within the
1870; which was referred to the Committee Mr. ROBERTSON submitted the following
on Appropriations. Fort Ridgley military reservation, Minnesota ; | resolution; which was considered by unaniwhich was read twice by its title, referred to mous consent, and agreed to:
EXECUTIVE COMMUNICATIONS. the Committee on Public Lands, and ordered Resolved. That the select Committee on the Re The VICE PRESIDENT laid before the Sen. to be printed. moval of Political Disabilities be authorized to em
ate a report from the Secretary of War, comploy a clerk. Mr. PATTERSON asked, and by unanimous
municating, in compliance with a resolution of consent obtained, leave to introduce a bill (S.
the Senate of the 10th instant, a report of the No. 185) to continue in force an act entitled
Mr. ROBERTSON submitted the following | chief of engineers upon the military import“An act to extend the charter of Washington resolution ; which was considered by unani
ance of San Juan Island; which was referred city,' &c. ; which was read twice by its title, mous consent:
to the Committee on Foreign Relations. referred to the Committee on the District of Resolved. That the Committee on Public Buildings He also laid before the Senate a report from Columbia, and ordered to be printed. and Grounds be directed to provide a suitable room
the Secretary of War, communicating, in comMr. COLE asked, and by unanimous con
for the select Committee on the Removal of Political
pliance with a resolution of the Senate of Febsent obtained, leave to introduce a bill (S. No.
The VICE PRESIDENT. The Chair would ruary 19, 1869, information in relation to the 186) granting the right of way and alternate suggest the words “if practicable,” because
Seminole Indians in Florida; which was re. sections of land to aid in the construction of a canal for irrigation and navigation in the State bility of it. there may be some doubt as to the practica | ferred to the Committee on Indian Affairs.
He also laid before the Senate a report from of California; which was read twice by its title, Mr. ROBERTSON. They have no room,
the Secretary of War, communicating, in comreferred to the Committee on Public Lands, and ordered to be printed.
and the chairman of the Committee on Public | pliance with a resolution of the Senate of June Mr. OSBORN asked, and by unanimous con
Buildings and Grounds suggested that I offer | 20, 1868, the report and survey of the officer the resolution.
acting as Commissioner of Public Buildings sent obtained, leave to introduce a bill (S. No.
The VICE PRESIDENT. The Chair would and Grounds, relative to the new navy.yard 187) to facilitate the business and to provide suggest the words " if practicable." There | bridge across the Anacostia river; which was for the more perfect preservation of the records may not be a room.
referred to the Committee on the District of of the courts of the United States; which was Mr. ROBERTSON. Then we cannot meet.
Columbia. read twice by its title, referred to the Commit. Mr. TRUMBULL. I think that resolution
NATIONAL JUNCTION RAILWAY. tee on the Judiciary, and ordered to be printed.
had best be changed, if it is to pass at all, to Mr. KELLOGG asked, and by unanimous
Mr. PATTERSON. I move to take up Sen. a more general one. This question of rooms consent obtained, leave to introduce a bill (S.
ate bill No. 62, to incorporate the National No. 188) to aid in the construction of the is frequently arising, and the Committee on
Junction railway. I will state that this is a Pacific Central Transit railway and telegraph
Public Buildings and Grounds have bitherto
bill which passed the Senate at the last sesfrom the city of New Orleans, Louisiana, to among committees. It seems that the present || House of Representatives.
sion, but was lost on the Speaker's table of the some point on the Rio Grande river, Texas, || chairman, who is not in his seat at this moment, in the direction of Mazatlan, on the Pacific
The motion was agreed to. has some doubt whether the resolution author. coast; which was read twice by its title, reizes it. The resolution that was formerly
The VICE PRESIDENT. The morning ferred to the Committee on the Pacific Rail. adopted in May, 1867, declared :
hour having expired, the Senate will resume road, and ordered to be printed.
"That the Committee on Public Buildings and
the consideration of the unfinished business Mr. SUMNER asked, and by unanimous Grounds be directed to provide a room for the Com pending at the adjournment on Saturday last, consent obtained, leave to introduce a bill (S. mittee on Appropriations, and generally to reassign being the bill (H. R. No. 3) to repeal an act No. 189) to amend the several acts of Con. the several committee-rooms so far as such reassign- | regulating the tenure of certain civil offices,
ment may be necessary.' gress relating to naturalization; which was
the pending question being on the amendment read twice by its title, referred to the Commit
I think it would be better to make the reso
offered by the Senator from Nebraska [Mr. tee on the Judiciary, and ordered to be printed. || lution just offered by the Senator from South
THAYER] to the amendment of the committee. Mr. ABBOTT asked, and by unanimous conCarolina general; that the committee be di
Mr. PATTERSON. I ask the gentleman sent obtained, leave to introduce a joint reso
rected to inquire if a suitable room can be pro who has that bill in charge to allow us to go lution (S. R. No. 38) in relation to taking the vided for the select Committee on the Removal on with this bill. I think it will take but a ninth census; which was read twice by its of Political Disabilities, and also to reassign few moments. title, and ordered to lie on the table and be
the several committees; it is not necessary, Mr. TRUMBULL. I shall not object. printed.
perhaps, to reassign them, but to take charge Mr. PATTERSON. The bill bas once passed Mr. COLE asked, and by unanimous con: generally of the rooms.
the Senate. sent obtained, leave to introduce a joint reso.
Mr. GRIMES. Let it lie over until to.
Mr. TRUMBULL. I will interpose no oblution (S. R. No. 39) authorizing the Secretary
jection if other Senators do not. of the Treasury to audit and settle the accounts
Mr. TRUMBULL. I think it had better lie
The VICE PRESIDENT. The Senator from of William Y. Patch, late collector of internal over until we can look into it and arrange it
New Hampsbire asks the unanimous consent revenue for the first collection district of Cali- || properly. fornia; which was read twice by its title.
Mr. ROBERTSON. Very well.
of the Senate to proceed with the considera
tion of the bill taken up at the expiration of Mr. COLE. I ask that the resolution be
The VICE PRESIDENT. It will lie over.
the morning hour. The Chair hears no objecread at length, and perhaps there will be no The Chair may be indulged in stating to the
tion. The bill will be read. objection to it; and if not, I desire to have it Senate that he bas notified the architect of
The Secretary proceeded to read the bill; put on its passage. the Capitol that three committee-rooms are
but was interrupted by The Secretary read the joint resolution, as necessary-for the Committee on Retrench
Mr. CAMERON. I prefer that that bill follows: ment, the Committee on Education, and the
should be referred to the Committee on the Be it resolved, &c., That the Secretary of the TreasCommittee on the Removal of Political Dis
District of Columbia. ury be, and he is bereby, authorized to audit and set abilities; but he has as yet had no response, tle the aceounts of William Y. Patch, late collector and does not know whether the rooms can be
Mr. PATTERSON. This bill has already of internal revenue for the first district of Califorfurnished. Three rooms are now needed for
been reported, at the last session, from the pia, as to him may appear just and equitablo.
Committee on the District of Columbia, and committees. Mr. TRUMBULL. Does that come from a
passed the Senate. The Senator will rememcommittee?
INDIAN APPROPRIATION BILL.
ber that it passed before the bill of a similar Mr. COLE. No, sir; it has not been to a A message from the House of Represent. || nature which he himself finally had passed committee.
atives, by Mr. Clinton LLOYD, its Chief Clerk, at the opening of this session. Now, I think Mr. TRUMBULL. I think it ought to go
announced that the House had passed a bill it hardly fair, after he has secured the passage to a committee.
(H. R. No. 123) making appropriations for the of his own bill, the he should object to the Mr. COLE. Very well; if there is objec current and contingent expenses of the Indian passage of this bill. I hope the Senate will tion I move that it be referred to the Committee department, and for fulfilling treaty stipula not refer it. on Finance, with the accompanying papers,
tions with various Indian tribes for the year Mr. CAMERON. The Senator is doing me The motion was agreed to.
ending June 30, 1870, in which it requested | injustice. I do not wish to interfere with the PROFESSOR RAYMOND'S REPORT. the concurrence of the Senate.
passage of this bill, and if it has been before
Mr. FESSENDEN. I ask to bave that bill the committee and has been approved by the Mr, STEWART submitted the following con. taken up, read, referred, and sent to the printer, || committee of course I have no objection to it. current resolution ;
in order that we may have it at the earliest But I understood from the Senator from Mary. Resolved by the Senate, (the House of Representa iDoment.
land [Mr. VICKERS) that this is a different
bill in some degree, and therefore I made the The VICE PRESIDENT, The Senator Baltimore and Ohio road it shall be upon an motion.
from Maryland moves that this bill be referred elevation which will not interfere with the pas. Mr. PATTERSON. I do not so understand to the Committee on the District of Columbia. sage of the cars, or if they choose to have a it. It is the same bill.
Mr. PATTERSON. I hope that will not be tunnel they can go under the Baltimore and Mr. CAMERON. I have not examined it done. It is virtually a defeat of the bill. It Ohio road' in that way. To cross it upon it myself; but if the Senator says it is the same is very desirable that some means of communi. || level will be dangerous to passengers who bill that has previously passed, and desires to cation between the North and the South be travel on this Junction railway as well as to hare it considered now, of course I shall not created in this city, and the object of this bill those who travel on the Baltimore and Ohio interfere.
is to provide means of communication between railroad. It is only for the security of passen: Mr. PATTERSON. I understand it to be the railroads that come into the city from the gers that I offer this amendment. the same bill.
North and those that pass out of it to the Mr. PATTERSON. It will be seen by the Mr. VICKERS. When the Potomac rail South. If the bill is referred to the committee Senate at once that it will be impossible for road bill was introduced in the Senate three it cannot pass at this session, and the work | this Junction road to pass under the track of routes were allowed to that company by which must be delayed. The only point of difference the Baltimore and Ohio railroad, and there. they might enter the city of Washington. One is as to the provision in the second section as fore, if this amendment is adopted, it must pass of those routes was found upon inquiry to cross to the method of crossing the Baltimore and over it at a height of seventeen feet above the the Baltimore and Ohio railroad.
Ohio railroad, and if the Senator from Mary- || present track of that road. That will neces. thought it might become dangerous to passen: land will withdraw his motion for a moment I sitate a heavy curve, starting far back from the gers if that route was adopted. The presidents will move an amendment to that part of the track of the road, causing a high embankment, of the Baltimore and Obio railroad and of the second section.
to pass through the city, which will, of course, Baltimore and Potomac road had a consulta. Mr. VICKERS. I withdraw the motion. very much depreciate the value of real estate tion upon that subject, in which the Senator Mr. PATTERSON. I move to amend the lying upon the track of this road. from Pennsylvania participated, and it was second section by inserting after the word Now, as to the point of endangering life by agreed that the first route by which the entry railroad," in the fourteenth line, the words | the passage of these tracks, I will say that might be made into the District should be upon the legally established grade of the nothing is more common all through that part stricken out of the bill, and the bill passed | city; so as to read "crossing the branches of of the country from which I come than to see allowing the other two routes. , That course the Baltimore and Obio railroad upon the one track crossing another. We see it in our was adopted. Now this bill, I understand, legally established grade of the city, * &c. cities, where trains pass each other not eight will permit this junction railway to cross Mr. VICKERS. I send to the Chair an times, but many times eight times in a day; the Baltimore and Ohio railroad, and that | amendment to the amendment.
and in the country all through our northern may endanger the cars on the one or the The VICE PRESIDENT. The question by and eastern portion of the Union tracks cross other. If an amendment could be agreed upon the rules must first be taken on the amendment on the same level, so that I cannot see that in reference to this subject, if the crossing of the Senator from New Hampshire to perfect there is any great force in the argument which could be underneath the Baltimore and Ohio | this part of the paragraph, after which the the Senator from Maryland urges, and the in. railroad or above it, so as not to interfere with amendment of the Senator from Maryland will corporator of this road take the ground that the safety of passengers, there would be no be in order.
it will virtually destroy the object which they objection to it. That is the only difficulty upon Mr. VICKERS. I should like to have my have in view if this amendment prevails. Of this subject; and if the bill is referred to the amendment read for information.
course I have no interest in it otherwise than to Committee on the District of Columbia, which The VICE PRESIDENT. The amendment secure soine means of communication between is now composed of members somewhat differ proposed to be offered by the Senator from the North and the South, and to secure it in ent from those that composed the committee Maryland will be read.
such a way as not to destroy the value of real at the last session, there will be no difficulty, The Chief Clerk read the amendment to be estate here in the city. There can be but one I suppose, in agreeing to an amendment. offered by Mr. VICKERS, which was to strike argument urged, and that is that as these
Mr. PATTERSON. The subject to which out in lines thirteen, fourteen, and fifteen of tracks pass each other possibly some harm the Senator from Maryland has called atten. the second section the words “ crossing the may come of it; but if these roads have their tion would arise on an amendment which it is branches of the Baltimore and Ohio railroad in watchmen at the point of passing, when the desired to introduce into this bill, not upon such a manner as not to be dangerous to pas trains pass there will be no danger. anything that is in the bill as it now stands. I sengers and trains on either road,' and in lieu Mr. VICKERS. In addition to the number propose to offer an amendment when we reach thereof to insert
of passenger trains a day there are a great many ibat point, or after the reading of the bill is
Crossing the branches of the Baltimore and Ohio || freight trains passing on this road, and then the completed. It will rest with the Senate then railroad either upon a safe and sufficient structure street cars are passing until eleven o'clock at to decide whether that amendment shall pass having a clear span of not less than thirty-three
night, and there certainly may be some danger or not. The Baltimore and Obio railroad desire
feet and the lowest point of which being not less than
of collision. I was desirous that this bill that this junction road shall pass their road Baltimore and Ohio railroad as at present established should go to the Committee on the District of seventeen feet above the present track or sevand designed, or else crossing the suid tracks at points
Columbia, where both parties could be heard enteen feet below it, which would be certainly
sufficiently low to pass under them, they resting upon
and a bill night be matured on this subject very inconvenient for this junction railroad, || ing their elevation as at present established and which would be, perhaps, acceptable to all. and would damage all the private property designed
That is the only motive I had ; and I think now along the track of the road. The bill proposes
The VICE PRESIDENT. This amend
that the proper course is to send this bill to to have this road cross the Baltimore and Ohio ment is not yet in order. The question is that commitiee. We have a new chairman of railroad upon the same level as the Baltimore on the amendment of the Senator from New that committee and we have an introduction of and Ohio railroad now occupy. That is the Hampshire, to insert the words “upon the new members on that committee; ard as this custom in every part of the country, and I can || legally established grade of the city.'
is a bill which relates almost exclusively to the see no objection to it. I hope the bill may be
The amendment was agreed to.
city I should think that was the proper comconsidered at this time. The Senator from The VICE PRESIDENT. The Senator mittee for the bill to be referred to. I hope lowa (Mr. HARLAN) had this bill in charge at from Maryland now moves the amendment that this amendment of mine will be adopted; the last session, and is perhaps more intimate which has just been reported from the desk. and if it be adopted I am still willing that with it than I or other Senators are.
Mr. VICKERS. The only object which I the bill should go to the committee for their Mr. VICKERS. Has the order of the day have in offering this amendment is provide consideration. It was before the District been dispensed with? for the security of passengers.
Committee of the last Congress, but bas not The VICE PRESIDENT. It has been, by now to be incorporated is to run cross-bar been before the committee of the present ses. unanimous consent. The Secretary was read through the city, and its road is to cross the sion. ing the bill, and be will resume its reading.
Baltimore and Ohio railroad. There are at Mr. HARLAN. I doubt the wisdom of If it is to be debated it must be read through least eight trains a day each way on the Balti- || adopting the amendment proposed by the Sento disclose the whole subject to the Senate. more and Washington branch of the Baltimore ator from Maryland. The object of this bill is
Mr. VICKERS. The Senator from Penn: and Ohio railroad; and if the passengers of this to secure a connection between the railroads sylvania moved its reference to the Committee company are permitted to cross that road at entering the city on the north and the railroads on the District of Columbia.
any time whenever they please there will be entering the city on the south, so that it is The VICE PRESIDENT. The Chair ander danger to passengers and some collision or intended to be a part of the same live. Every stood him to withdraw that motion.
delay will probably ensue. I understand that Senator will perceive at once that it i Mr. VICKERS. I renew the motion that this Junction railroad, as it is called, can con: sary to bring the tracks to the same grade in it be referred to the Committee on the District veniently avoid crossing the Baltimore and order that the cars may be switched off the one of Columbia.
Ohio road by passing around a small curve; track on to the other. If this amendinent Mr. EDMUNDS. Let us have it read through but if the company prefer a more direct line should be adopted it would defeat to that ex. before that motion is put.
to cross the Baltimore and Ohio road the pas. tent the whole object of the bill. The VICE PRESIDENT. Any Senator has sengers upon that road certainly ought to be The amendment was rejected-ayes four, the right to ask for the reading of the bill protected as well as the passengers in the cars noes not counted. before any motion is put upon it. It will be of the Junction railway. The only object I Mr. VICKERS. I move that the bill be read.
have is the security of passengers, and my now referred to the Committee on the District The Secretary resumed and concluded the amnendment, which is now before the Senate, of Columbia. I think they meet to-morrow, reading of the bill.
simply provides that if this road crosses the II and can report at a very early day.
Mr. POMEROY. I understood that committee had reported this bill.
Mr. VICKERS. No, sir.
Mr. HARLAN. It is the same bill that was reported and passed at the last session of Con. gress, as I unders and it.
Mr. POMEROY. I think every bili ought to be reported by a committee.
Mr. PATTERSON. The bill was reported from the Committee on the District of Columbia after a full consideration at the last session, and passed the Senate, and was only laid, for want of time in the House of Representatives, on the Speaker's table.
The question being put on the motion to refer, there were on a division-ayes 9, noes 16 ; no quorum voting.
Mr. PATTERSON called for the yeas and nays.
Mr. FESSENDEN. We had better have another division. I think that will settle it.
The VICE PRESIDENT. If there be no objection the Senate will again be counted.
The question being again put, there were on a division-ayes 18, noes 21.
So the motion to refer was not agreed to. The bill was reported to the Senate as amend. ed, and the amendment made as in Committee of the whole was concurred in.
The bill was ordered to be engrossed for a third reading, was read the third time, and passed.
JCDICIAL SYSTEM. Mr. TRUMBULL. I move that the Senate proceed to the consideration of Senate bill No. 44.
The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill (S. No. 41) to amend the judicial system of the United States.
Mr. TRUMBULL. I think it will only be necessary to read the amendment of the committee, as it is merely making it more definite. The amendment is a substitute.
The Chief Clerk read the amendment of the Committee on the Judiciary, which was to strike out all of the bill alier the enacting clause and insert:
That the Supreme Court of the United States shall hereafter consist of the Chief Justice of the United States and cight associate justices, any six of whom shall constitute a quorum; and for this purpose there shall be appointed an additional associate justice of said court.
SEC. 2. And be it further enacted, That for each of the nine existing judicial circuits there shall be appointed a circuit judge, who shall reside in his circuit and sball possess the same power and jurisdiction therein as the justice of the Supreme Court allotted to the circuit. The circuit courts in each circuit shall be held by the justice of the Supremo Court allutted to the circuit, or by the circuit judge of the circuit, or by the district judge of the district sitting alone, or by the justice of the Supreme Court and circuit judge sitting together, in which case the justico of the Supreme Court shall preside, or, in the absence of either of them, by the other (who sball preside) and the district judge. And such courts may be held at the same time in the different districts of the same circuit; and more than one such court, by direction of the presiding justice or judge, who shall designate the busines to be done in each, may be held at the same time in the same district. The circuit judges shall each receive an annual salary of $5,000.
SEC. 3. And be it further enacted. That nothing in this act shall affect the powers of the justices of the Supreme Court as judges of the circuit court.
SEC 4. And be it further enacted, That it shall be the duty of each justice of the Supreme Court to attend at least one terın of the circuit court in each district of his circuit during every period of two years.
Sec. 5. And be it further enucted, That the clerks of the circuit court shall be appointed by the circuit judges respectively, and the clerks of the district courts by the district judges respectively: Provided, That the present clerks of said court shall continue in office till other appointments be made in their places or they be otherwise removed.
Mr. DRAKE. Some days since I had an amendment to this amendment printed, which I desire to offer.
The Chief Clerk read the amendment to the amendment, which was to strike out all after the enacting clause of the second section of the amendment of the Judiciary Committee, and in lieu thereof to insert:
That the district courts of the United States shall have original cognizance of suits now originally coguizable by the circuit courts of the Uniteu States;
and the original jurisdiction hereby vested in suid district courts shall be as full and completo as the same is now by law in said circuit courts.
Sec. 3. And be it further enacted, That all suits by appeal or writs of error now pending in said circuit courts shall be certified, together with all the papers pertaining thereto, for further proceedings to the respective district courts established by this act, and the last-named courts shall have full and complete jurisdiction to hear and dispose of the same and of all matters connected therewith, subject to the rights of appeal and writs of error, as hereinafter prescribed; and all suits of original cognizance still pending in the existing circuit courts of the United States are hereby transferred to the district courts of the respective districts where said circuit courts are now beld, together with all the pleadings, processes, and other papers and documents pertaining thereto; and the clerks of said circuit courts shall deliver to theclerks of the respective district courts all the records, books, papers, documents, furniture, and any other property belonging to said circuit courts or the offices of the clerks thereof, taking a receipt therefor; and thereupon the same sball be in the legal custody of said district clerks, subject to the control of said district courts. Ali process in suits of original cognizance hereby transferred to the respective district courts which bave been issued and not yet returned shall be returnable to the district courts as if originally issued therefrom; and said district courts shall hare as full jurisdiction over said suits and all matters pertaining thereto as the said circuit courts would have had if this act had never been passed.
SEC. 4. And be it further enucicil. That hereafter there shall be in each judicial circuit only one circuit court of the United States, the judges of which shall be the justice of the Supreme Court of the United States assigned to said circuit and the several judges of the district courts within said circuit. Said justice of the Supreme Court shall be the presiding judge of said circuit court, and all writs and other process of said court shall be tested in his name; and during a vacancy caused by his death, resignation, or otherwise, said writs and other process shall be tested in the name of the district judge in said circuit who is oldest in commission, and said district judge shall preside in said circuit court whenever said justice of the Supreine Court is absent therefrom. Each of said circuit courts hereby established shall only have appellate jurisdiction froin and superintending control over the several district courts within its circuit, with power to issue writs of error, probibition, mundumus, certiorari, scire facias, hubens corpus, and other writs not specially provided for by statute wbich may be necessary for the exercise of its jurisdiction aforesaid. Each of said circuit courts shall have a seal, to be devised by its presiding judge.
SEC. 5. And be it further enacted, That from tinal decrees in a district court in causes of admiralty and maritime, and of equity jurisdiction, an appeal shall be allowed to the said circuit court for said district; and final judgments in a district court in civil actions at common law may be reëxamined and reversed or affirmed in said circuit court upon a writ of error, where the suits brought up by appeal or upon writs of error, the matter in dispute exceeds the sum of $500, or where is drawn in question any matter affecting the friendly relations of the United States with a foreign Power, or the construction of a revenue act of Congress or of a treaty, or the validity of an act of Congress or of a treaty, or of a State statute or State constitution, on the ground of its repugnancy to the Constitution of the United States, and also final judgments in criminal cases where the defendant, on conviction, is sentenced to capital punishment or hard labor in a penitentiary.
Sec. 6. And be it further enacted, That in like inanner all suits in which final decrees have been rendered in said circuit courts may be taken by appeal to the Supreme Court of the United States; and all civil suits in which final judgments have been entered in said circuit courts may be taken to said Supreine Court on writs of error where the matter in dispute exceeds the sum of — dollars, and where there is drawn in question the construction of a treaty or otber matter affecting the friendly relations of the United States with a foreign Power, or the validity of a S'atestatuto or constitution on the ground of its repugnancy to the Constitution of the United States: Provided, however, That the presiding judge of a circuit court or said court may cause any legalquestion involved in a suit before said court which is deemned of suflicient importance to require the final decision thereof to be by the Supreme Court to be certified to said Supreme Court for its opinion thereon: And provided further. That said Supreme Court may by rule prescribe other classes of cases in which appeals and writs of error may be had to the Supreme Court as aforesaid, and in which legal questions may be certified to it for final decision.
SEC. 7. And be il further enacted, That each circuit court hereby established shall appoint its own clerk. who shall give bond in a sum and with sureties to be approved by the court for the faithful discharge of his offcial duties, and he shall receive the same compensation and fees as in like cases and for like services are allowed by law to the clerk of the Supreme Court. And the martbals of the United States for districts where said circuit courts respectively are held shall be the marshals of said circuit courts, with all the powers and duties with respect thereto exercised by the marshal of the Supreme Court, and they sball be entitled to the same fees and compensation for like services, and suull give bond for the faithful discharge of said official duties, to be approved by said circuit courts respectively. Each of said circuit courts shall appoint a reporter of its opinions, who sball perform sach duties as said court may from time to time prescribe. A majority of the judges shall constitute a quorum for the transaction of the regu
lar business of any one of said circuit courts; but any number, in the absence of others, may adjourn froin time to time.
SEC. 8. And be it further enacted. That to secure simplicity and uniformity of practice the Supremo Court shall prescribe rules of pleading and practice for all civil actionsat common law in the said district courts; and may prescribe rules for appeals and writs of error in all casos taken from the district to ihe circuit courts, and from the circuit courts to the Supreme Court.
SEC. 9. And be it further enacted, That each circuit court bereby established shall hold oneterm in each year, commencing on the first Monday of May, and muy bold adjourned and special terms as it or its presiding judge, or a majority of its judges, may order.
Sec. 10. And be it further enacted, That each district court shall hold two regular terms in each year, one commencing on the first Monday of liarch and the other on the first Monday of October; and it may hold adjourned or special terms as the judge thereof may order.
Sec. 11. And be it further enacted, That no suit shall be taken from a court of the United States to the Supreme Court other than those mentioned in ecction five of this act, nor in any manner other than as thercin provided for.
Sec. 12. And be it further enacted, That the district and circuit courts may make for their respective courts such rules and orders, not inconsistent with acts of Congress and the rules préseribed by the Supreme Court, as they may dcem necessary to carry into effect the provisions of this act.
Sec. 13. And be it further enacted, That the circuit courts hereby established shall be held respectively at the following places:
The first circuit court at Boston, in Massachusetts. The second at New York, in New York. The third at Philadelphia, in Pennsylvania, The fourth at Baltimore, in Maryland. The fifth at Montgomery, in Alabama. The sixth at Cincinnati, in Obio. The seventh at Chicago, in Illinois. The eighth at St. Louis, in Missouri. The ninth at San Francisco, in California. SEC. 14. And be it further enacted. That the salaries of the respective district judges shall hereafter be as follows:
Of thejudges of the districts of Maine. New Hampshire, Connecticut, Vermont, Rhode Island, Delaware, Arkansas, Wisconsin, Iowa, Minnesota, Georgia, Alabama, North Carolina, South Carolina. Kansas, northern district of Florida, district of West Virginia, western district of Louisiana, western diis. trict of Missouri, western district of Texas, eastern district of Texas, and western district of Michigan, $1,000.
Of the judges of the districts of New Jersey, Misa sissippi, Tennessee, Kentucky, Indiaua, Oregon, western district of Pennsylvania, northern district of Ohio, southern district of Obio, southern district of Illinois, district of Virginia, southern district of Florida, southern district of California, and the eastern district of Michigan, $1.500.
of the judges of the districts of Massachusetts, Maryland, northern district of New York, easiern district of Pennsylvania, castern district of Missouri, and northern district of Illinois, $5,000.
of the judges of the districts of Nevada and the eastern district of Louisiana, $5,500.
Or the judges of the southern district of New York, eastern district of New York, and northern district of California, $6,000.
Sec. 15. And be it further enacted. That whenever a district judge or justice of the Supreme Court is required by law to attend court at a place other than his residence he shall be allowed and paid his reasonable expenses in traveling to and from and attending said court; said expenses to be paid by the United States marshalin attendance on said court as similar expenses are now paid when the district judge discharges the duties of such judge in another district.
Sec. 16. And be it further enacted. That all acts and parts of acts inconsistent with this act are hereby repealed.
Mr. DRAKE. Mr. President, I regard this bill and the amendment which I have proposed as presenting a very grave question for the consideration of the Senate, no less than the choice between two modes of reorganizing the judiciary of the United States. My amendment, it will be observed, has no relation to the proposition of the committee in regard to the Supreme Court of the United States, but only as to the subordinate tribunals. The amendment proposed by the committee is to constitute a new set of courts called circuit courts, with separate and independent judges. The amendment which I propose is to devolve all the original jurisdiction of the circuit courts now existing upon the district courts, and to reor. ganize the circuit courts with district courts in each circuit. I am of the opinion that this is a far better system than that proposed by the committee. I will state that this amendment which I have proposed is not one of my owu drafting, but was drawn up several years since by one of the district judges of the United Siates after extensive consultation with other judges of the United States courts, and was presented in the Senate, but was not acted upon.
I desire to submit to the Senate the views in calendar of the Supreme Court, instead of any ted States; which was read a first and second writing addressed to me of one of the district reduction of it.
time, referred to the Committee on the Judi judges of the United States in regard to the These are the first considerations which pre- || ciary, and ordered to be printed. proposition of the committee to establish cir. sent themselves to the mind that undertakes to
DISTRIOT JUDGE FOR TEXAS. cuit courts; and I ask that they may be read investigate this matter. There are others of from the Secretary's desk. great gravity. I do not propose to enlarge upon
Mr. DAVIS also introduced a bill (H. R. The Chief Clerk read as follows: them at this time; but I desire that those in the
No. 157) to establish the office of associate "From the newspapers it appears that the billcon Senate who are accustomed to practice in the
judge for the eastern district of Texas ; which cerning the judiciary, passed at the late session, will United States courts would deliberately con
was read a first and second time, and referred probably be again presented. As it creates uew offices it may succeed. I think the scheme a bad one. Insider both these propositions, and see whether
to the Committee on the Judiciary. stead of meeting the difficulty it aggravates it. If it be not true as I have stated that the amend
LIGHTS ON LAKE STEAMERS, ETC. the copy I have seen is correct the new circuit judge ment which I have proposed, and which was will, in the absence of the Supreme Court judge, hold
Mr. BENNETT introduced a bill (H. R. the terms of the circuit alone. No new appointee
drawn up, as I have stated before, after concan be familiar with the local statutes and decisions, sultation with a number of United States judges,
No. 158) to declare and provide for the lights and consequently, whether the Supreme Court judge is not better than the system proposed by the
to be carried on steam vessels upon Lakes Onand be sit together or be sits alone, no practical
tario, Erie, and the other northern and northbenefit can arise. This circuit covers Minnesota, committee.
western lakes and navigable waters connected lowa, Nebraska, Kansas, Arkansas, and Missouri,
Mr. STEWART. Will the Senator from in which about twelve terms are held during the year. Missouri give way to a motion to adjourn?
with the same; which was read a first and If the new judge visits each, he cannot be present
second time, and referred to the Committee during the whole term, unless very short, and in fact
Mr. DRAKE. Yes, sir.
on Commerce. must pass a large part of his time in traveling from
Mr. STEWART. I move that the Senate do one to the other. Thus occupied he will have no now adjourn.
DEFENSE OF NORTHWESTERN FRONTIER, ETC. leisure to learn the local laws of the various States. "The true theory should be to secure the best
Mr. ŠTOCKTON. I ask for a division on Mr. BENNETT also introduced a bill (H. knowledge of local laws, and to have their adıninis that motion.
R. No. 159) to provide for the better protec. tration when in the United States courts harmonize The motion was agreed to; there being on with the great body of law as administered in Federal
tion of the northern and northwestern frontier, courts.
a division-yeas 34, nays 5 ; and the Senate and to facilitate commerce and diminish the "The true need of the country is to have the Fed adjourned.
expense of exchanges between the States; eral judiciary reach from every locality up to the central head, to have its members brought into con
which was read a first and second time, and tact with the local bar, and the local bar tbrough it
HOUSE OF REPRESENTATIVES. referred to the Committee on Commerce. with the Supreme Court. Thus the whole legal policy and talent of the country will contribute to the ulti
MONDAY, March 22, 1869.
CERTIFICATION OF CHECKS. mate result as known through the United States Su The House met at twelve o'clock m. Prayer Mr. WOOD introduced a bill (H. R. No. preme Court; and every locality will be advised of the general legal tone of the country as made known by the Chaplain, Rev. J. G. BUTLER.
160) to repeal an act entitled “An act in refernot only larough the final decisions of the Supreme The Journal of Friday last was read and ence to the certification of checks by national Court, but through immediate intercourse, profesapproved.
banks ;'' which was read a first and second time, sionally, with its members. Thus, as it were, a free and full and healthy circulation from each of the
ORDER OF BUSINESS.
and referred to the Committee on Banking and members of the great body-politic will be kept up
Currency. with the head, all parts contributing to the grand
The SPEAKER. This being Monday, the result, and receiving in return beneficial influences first business in order is the call of States and
COMPUTATION OF FOREIGN MONEY. from al otber parts. There should be no isolation of the Supreme Court, whereby its judgments in banc
Territories, commencing with the State of Mr. WOOD also introduced a bill (H. R. are given after arguments by a bar exclusively con
Maine, for the introduction of bills and joint No. 161) to alter the computation of foreign fined to practice before it, and knowing little or resolutions to be referred to their appropriate money for Government purposes ; which was nothing of what is the local law of the various States. committees, not to be brought back into the read a first and second time, referred to the Still, the justices of the Supreme Court cannot do full circuit duty under the present organization.
House by motions to reconsider. During this | Committee of Ways and Means, and ordered "A few years ago the Senate passed a bill (which call memorials and resolutions of State and to be printed. was not reached in the House) that adhered properly to the true theory of our Government, and remedied territorial Legislatures are in order.
HARBOR OF NEW YORK. existing evils. It devolved the entire original juris
RESUMPTION OF SPECIE PAYMENTS.
Mr. CALKIN introduced a bill (H. R. No. diction now in the United States circuit courts on the respective district courts. It then constituted one
Mr. LYNCH introduced a bill (H. R. No. 162) to remove obstructions from the East circait court for each circuit to be held at a central 150) to provide for a gradual resumption of
river in the harbor of New York; which was place, said court to be an intermediate appellate tribunal, consisting of the judge of the Supreme Court
specie payments; which was read a first and read a first and second time, and referred to allotted to the circuit and all the district judges in second time, and referred to the Committee | the Committee on Commerce. said circuit. Appeals from that circuit to the Su on Banking and Currency.
WASHINGTON AND CLEVELAND RAILROAD. preme Court were limited by the character of questious, &c. Thus all the district judges of the circuit
REGULATION OF THE CURRENCY.
Mr. MORRELL, of Pennsylvania, introFould meet together once each year, become familiar with each other's decisions and views, and be brougbt
Mr. LYNCH also introduced a bill (H, R. || duced a bill (H. R. No. 163) to authorize the into conference with a Supreme Court judge, and No. 151) to provide against undue expansions construction of a railroad and telegraph line through him with the Supreme Court. On the other and contractions of the currency; which was from the city of Washington, District of Columhand, the Supreme Court judge would, in that way, be informed concerning the views, &c., of each local
read a first and second time, and referred to bia, to the city of Cleveland, in the State of ity in the circuit. As he would have to visit only the Committee on Banking and Currency. Ohio, or town of Erie, Pennsylvania, by the one place, he could be present without difficulty."
nearest direct route; which was read a first Mr. DRAKE. Mr. President, as I stated,
and second time, and referred to the Commit.
Mr. POLAND introduced a bill (H. R. No. those are the views of an experienced and
tee on Roads and Canals. 152) providing for a uniform system of natuaccomplished judge of a district court of the ralization; which was read a first and second
STEAMER UNCLE ABE United States. I think they are entitled to
time, and referred to the Committee on Revis Mr. TOWNSEND introduced a bill_(H. R. very grave consideration. They were expressed ion of Laws of the United States, and ordered No. 164) to make compensation to Edward after consultation with many of the judges of to be printed.
Barton, James Barton, sen., and John H. Barthe United States courts; and this amendment
ton, for damages done to their steamer Uncle which I have presented was prepared as the
Mr. DAWES introduced a bill (H. R. No.
Abe by the United States steamer Zouave; result of the consultations of many of those judges. I am clearly satisfied that in every 158) for the relief of Thomas Allen ; which
which was read a first and second time, and view that can be taken of it the system is a was read a first and second time, and referred
referred to the Committee of Claims. better one than to establish circuit courts with to the Committee of Claims.
JOHN DAVIS. one judge, as the amendment of the committee
Mr. TOWNSEND also introduced a joint proposes. In the first place, it brings into the Mr. JENCKES introduced a bill (H. R. No. resolution (H. R. No. 31) to refer the claim consideration of questions a very much larger 154) to establish a uniform rule of natural of the administrators of the estate of Captain amount of knowledge of the local laws of the ization throughout the United States; which | Job Davis, deceased, to the Court of Claims; different States than can possibly be got with was read a first and second time, referred to which was read a first and second time, and the presence of one single judge in the circuit the Committee on Revision of Laws of the referred to the Committee of Revolutionary court. In the next place, it involves very United States, and ordered to be priuted.
Claims and of the War of 1812. much less expense than the system of the comGOVERNMENT SALES OF GOLD, BONDS, ETC.
DOILERS FOR STEAMERS. inittee. All tbat is added to the expense of
Mr. KELSEY introduced a bill (H. R. No. the Government in establishing the courts
Mr. O'NEILL introduced a joint resolution according to my amendment is simply that 155) to prohibit secret sales or purchases of
(H. R. No. 42) relative to the use of boilers reasonable and moderate addition to the sal.
gold or bonds on account of the United States, on steam vessels other than those made of aries of the district judges which ought to be
and for other purposes; which was read a first charcoal plates of unwrought iron; which was made in view of the additional duties imposed
and second time, ordered to be printed, and, read a first and second time, and referred to upon them. In the tbird place, it tends to
with the accompanying memorial, referred to the Committee on Commerce. arrest the flow of business into the Supreme the Committee of Ways and Means.
BRIDGE AT PHILADELPHIA. Court. Establish the circuit courts according
AMENDMENT OF JUDICIAL SYSTEM.
Mr. O'NEILL also introduced a bill (H. R. to the amendment of the committee, and the Mr. DAVIS introduced a bill (H. R, No. No. 165) giving the consent of the United result will be an addition of business on the 156) to amend the judicial system of the Uni. States to the erection of a bridge across the
41st Cong. IST SESS.No. 13.