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league, Mr. WOODBRIDGE, who, if present, would vote against the bill, while I would vote for it.

Also, the petition of Claud Somers, and 40 others, citizens of Barnet, Caledonia county, Vermont, praying for an additional tariff on foreign wool..

Also, the petition of Squire Marcey, and 27 others. citizens of Hartland, Windsor county, Vermont, praying for an additional tariff on foreign wool.

Also, the petition of J. D. Wheat, and others, citizens of Putney, Windham county, Vermont, praying for an increased duty on wool.

Mr. BLAINE. I desire to state that I am paired with Mr. THAYER, who would vote against the bill, while I would vote for it.

I am also requested to state that Mr. BINGHAM, who would vote for the bill, is paired, but I cannot recollect with whom.

Mr. ROUSSEAU. On this question I am paired with Mr. J. L. THOMAS,

Mr. HARDING, of Kentucky. My colleague, Mr. RITTER, is absent on account of sickness.

Mr. ANCONA. My colleague, Mr. JOHNSON, who is absent on account of sickness, is paired with Mr. HOOPER, of Massachusetts. I know that Mr. JOHNSON would vote against the bill, but I do not know how Mr. HOOPER would vote.

The result of the vote was then announced as above stated.

Mr. WRIGHT moved to reconsider the vote by which the bill was rejected; and also moved that the motion to reconsider be laid upon the table.

Mr. STEVENS. I hope that will be postponed for the present, as I want to go to the business upon the Speaker's table.

Mr. SCHENCK. I rose before the motion was made to reconsider.

The SPEAKER. The Chair acted in accordance with the uniform usage of the House in recognizing a gentleman who voted with the successful side.

Mr. SCHENCK. The gentleman from Iowa [Mr. GRINNELL] changed his vote in order to move a reconsideration. I hope the bill will go over till to-morrow. I want the volunteer officers and soldiers of the country who are waiting in expectation

Mr. RANDALL, of Pennsylvania. I object to debate.

And then, on motion of Mr. SCHENCK, (at half past four o'clock p. m.,) the House adjourned.


The following petitions, &c., were presented under the rule and referred to the appropriate committees: By Mr. BAXTER: The petition of J. G. Saxe, and 80 others, asking that a mail route may be established from the depot in Georgia, to Cambridge, Lamoille county, Vermont.

By Mr. BROOMALL: The petitions of 595 citizens of Delaware county, Pennsylvania, praying for such change in the tariff and internal revenue laws, as will enable the manufacturing and laboring classes of the country to compete successfully with those of foreign countries.

By Mr. DARLING: The petition of C. K. Tuckerman, praying compensation for expenditures in the colonization experiment at Hayti.

By Mr. DEFREES: A petition from the citizens of DeKalb county, Indiana, asking that all medicines or preparations of the United States, or other national Pharmacopoeia, &c., be placed on the free lists.

By Mr. ELIOT: The petition of the Provincetown Seaman's Savings Bank, for relief from certain taxes. By Mr. GARFIELD: The petition of 214 citizens of Mahoning county, Ohio, asking for an increased protective tariff.

By Mr. J. M. HUMPHREY: The petition of 4,000 sailors and citizens, of Buffalo, New York, asking for a modification of the law taxing seamen, &c.

By Mr. LAFLIN: The petition of Dr. A. Murdock, of Philadelphia, Jefferson county, New York, in favor of the abolition of internal duties on official preparations of the Pharmacopoeia..

By Mr. MARVIN: The petitions of William Chambers, M. D., Ira H. Van Ness, M. D., and others, physicians of Fulton county, New York, praying that all medicines or preparations of the United States or other national Pharmacopoeia in common use among physicians as remedial agents may be placed on the free list.

By Mr. MILLER: The petition of sundry citizens of Pennsylvania, for a mail route from Johnstown, Juniata county, Pennsylvania, to Shade Gap, Huntingdon county, in said State.

By Mr. MORRILL: The petition of S. B. Jones, and others, citizens of West Rochester, Windsor county, Vermont, praying for an increased tariff on foreign

wool. Also, the petition of R. W. Pitts, and others, citizens of Sudbury, Rutland county, Vermont, praying for increased tariff on imported wool.

Also, the petition of F. D. Grisworld, and 58 others, citizens of Saxton's River, Windham county, Vermont, praying for an additional tariff on foreign Wool.

Also, the petition of John West, and 75 others. citizens of West Randolph, Orange county, Vermont, praying for an additional tariff on foreign wool.

39TH CONG. 1ST SESS.-No. 148.

By Mr. MYERS: The petition of 264 glass-blowers, and others, employed in the glass manufacturing business in the third congressional district, city of Philadelphia, for an increased tariff on glass ware, to protect their labor and prevent the serious injury to and suspension of their business threatened by the large orders for foreign glass ware being filled under the present insufficient tariff.

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Also, the petition of W. B. Randall, and 64 others, citizens of Sandgate, Bennington county, Vermont, praying for an additional tariff on foreign wool. Also, the petition of D.S. Chatterton, and 156 others, citizens of Rutland, Rutland county, Vermont, praying for an additional tariff on foreign wool.

Also, the petition of Stephen Wilmarth, and 113 others, citizens of Addison, Addison county, Vermont, praying for an increased protection on wool. Also, the petition of Nathan Cupen, and 47 others, citizens of Goshen, Addison county, Vermont, praying for an increased duty on foreign wool.

Also, the petition of H. L. Gale, and others, citizens of Larrabee's Point, Addison county, Vermont, praying for an increased duty on imported wool.

Also, the petition of Albert Ketchum, and 40 others, citizens of Whiting, Addison county, Vermont, praying for an increased duty on imported wool.

Also, the petition of L. Howard Kellogg, and others, citizens of Benson, Rutland county, Vermont, praying for an increased protection on wool.

Also, the petition of Rufus Baird, and others, citizens of Chittenden, Rutland county, Vermont, praying for increased protection on imported wool.

Also, the petition of William L. Farnum, and others, citizens of Poultney, Rutland county, Vermont, praying for an increased duty on imported wool.

Also, the petition of Erastus Kelley, and 39 others, citizens of Clarendon Springs, Rutland county, Vermont, praying for an increased duty on wool.

Also, the petition of George C. Dana, and 67 others, citizens of Weybridge, Vermont, praying for an increased duty on foreign wool.


THURSDAY, May 3, 1866.

Prayer by the Chaplain, Rev. E. H. GRAY, The Journal of yesterday was read and approved.


The PRESIDENT pro tempore. The Chair has received, and been requested to present to the Senate, a memorial signed by many dressmakers in different parts of the United States, praying for a modification of the present tax upon their business. They represent that so far as taxing their labor is concerned, though that would be onerous at the present time in view of their compensation, they would be willing to submit to that; but a tax of six per cent. upon the materials, costly trimmings, &c., that go through their hands purchased by their employers, makes an amount of expenditure on their part so large that their business, if the tax is continued, will be absolutely destroyed, and they beg that the tax on their manufactures may be repealed. This petition will be received, and referred to the Committee on Finance.

Mr. GRIMES. I present a petition from Admiral S. W. Godon, acting rear admiral in charge of the Brazil squadron, and the other line and staff officers of the Navy attached to that squadron, who represent that the pay for naval officers was established free from tax, at a period when the currency of the country was gold and silver; that even at that time it was not more than sufficient to meet their necessary expenses, and left them without the prospect of providing for old age or misfortune; that since that period the cost of the necessaries of life has more than doubled in many instances; that this increase of cost has been provided for in civil employment by a corresponding increase of salaries, while the naval officers, compelled by the discipline of the Navy to pre

serve the appearance of officers at whatever cost, have been forced, in many instances, to incur debts and suffer family privations, which they have endeavored to conceal from the public during the rebellion, with the hope that after its suppression either the cost of the necessaries of life would be reduced to its former amount, or that Congress would, in their sense of justice, make such an addition to their pay as would enable them to maintain that appearance before their fellow-citizens and the representatives of foreign countries when abroad which universal sentiment requires of all officers. They therefore pray that Congress will in its wisdom and justice provide for an increase of the pay of the naval officers of the United States. I move that it be referred to the Committee on Naval Affairs.

The motion was agreed to.

Mr. SHERMAN presented a communication addressed to him from the Commissioner of Agriculture, in relation to the subject of culti vating the China grass; which was ordered to be printed, and referred to the Committee on Agriculture.


Mr. RAMSEY, from the Committee on Revolutionary Claims, to whom was referred the memorial of Frederick Vincent, administrator of James Le Caze, late of the firm of LeCaze & Mallett, praying for the payment of money advanced during the revolutionary war, submitted an adverse report thereon; which was ordered to be printed.

Mr. POMEROY, from the Committee on Public Lands, to whom was referred a bill (H. R. No. 249) to establish a land office in the Territory of Idaho, reported it without amend


Mr. WILSON, from the Committee on Military Affairs and the Militia, who were instructed by a resolution of the Senate of the 16th ultimo to inquire whether the full Army Register, now in course of publication, has been compiled in accordance with the requirement of the joint resolution approved March 2, 1865, and what will be the cost of such publication, submitted a report accompanied by a joint res olution (S. R. No. 83) respecting the publication of the Volunteer Army Register. The joint resolution was read and passed to a second reading, and the report was ordered to be printed.

Mr. STEWART. The Committee on Public Lands, to whom was referred a bill (S. No. 123) granting lands to aid in the construction of a railroad and telegraph line from the Central Pacinc railroad, in California, to Portland, on the navigable waters of the Columbia river, in Oregon, have instructed me to report an amendment in the nature of a substitute; and I will state that the substitute is the House bill on the same subject, with some amendments.

Mr. HOWE. The Committee on Commerce, to whom were referred various petitions of persons engaged in mining and running coal from the Monongahela coal-fields to market on the Ohio and Mississippi rivers, praying for such an amendment of the enrollment act as to exempt from its provisions all coal-boats, coal-barges, and coal-flats which are used exclusively for running coal to market, and are not used for any other purpose, have considered the subject, and have directed me to ask to be discharged from the further consideration of the petitions, and recommend that they be referred to the Committee on Finance; and I will say, if the chairman of the Com mittee on Finance will give his attention, that there is accompanying the papers a letter from the Secretary of the Treasury recommending that they be exempted from the enrollment and be required to take out a license instead, and it was the opinion of the Committee on Commerce that it should be referred to the Committee on Finance that they might see whether they would issue a license, and if so, whether they would recommend or not that they be exempt from enrollment. The report was agreed to.

tificates showing who entered the lands, when
they were entered, and whether they were pre-
empted, and so on, and by a statute of our
State the certificate of the receiver of public
moneys or register of public lands is made evi-
dence, and I presume that is the law generally
in the new States. Now, I submit it, instead
of transferring the records to Washington, some
provision ought not to be made to leave them
in the States.


Mr. POMEROY. The Committee on Public Lands, to whom was referred a bill (S. No. 250) for the discontinuance in certain cases of land offices, and authorizing modifications in the limits of land districts, have instructed me to report it back without amendment, and to recommend its passage.

Mr. WILLIAMS. I would like to have the bill which has just been reported by the Senator from Kansas considered and passed. I trust there will be no objection to it.

By unanimous consent the bill was considered as in Committee of the Whole. Its first section provides that whenever the public land in a State shall have been so nearly sold out as to render unnecessary the continuance of the district office of register and receiver, the Secretary of the Interior may order the transfer to the General Land Office of the land archives belonging to such districts; and in regard to the disposal of any residue of public lands in such districts the Commissioner is to possess all the powers previously possessed by the register and receiver. The second section provides that whenever, in the judgment of the Secretary of the Interior, it shall be advantageous to the public interest to modify the limits of a land district, either by enlarging or diminishing the same, he may cause such modification to be made, giving timely public notice thereof.

Mr. GRIMES. I would inquire what is meant by that last section. Is it intended to confer the power on the Secretary of the Interior to create new land districts?

Mr. POMEROY. It is not. It allows him to change the boundaries, or to consolidate two districts into one; but it does not allow him to make new districts.

Mr. TRUMBULL. Does not that power to change the boundaries already exist?

Mr. POMEROY. It exists so far as regards the State of California, but is not a general law. That is done under a special act allowing the Secretary of the Interior to change the boundaries of land districts in California; but he has not the right to change the boundaries in any other State, or to put two land districts into one in any other State.

Mr. RAMSEY. I think he has that power. At least he has exercised it in our State, for he has consolidated two districts there.

Mr. WILLIAMS. I will state that I applied to the General Land Office for a change in the boundaries of a land district in the State of Oregon, where it was necessary that the boundaries should be changed, and after examination the Department decided that it had no such power, and suggested that a bill of this kind be passed, authorizing the Department to exercise the power. It is at the suggestion of the Department that this bill is introduced and proposed to be passed, so that they may possess the power.

Mr. TRUMBULL. I should like to make another inquiry of the Senator from Kansas. In discontinuing all the land offices in a State where the lands are nearly exhausted, which I think is very proper and ought to have been done long ago in some of the States where there are still land offices, I submit whether provision ought not to be made for keeping the records in the State. When land offices have been consolidated, the books of the land office discontinued have gone to the consolidated office. There is occasion very often to refer to these records, and it will be exceedingly inconvenient in one of the new States, where all the land formerly belonged to the Government and all titles are derived from the Government, if when controversies arise the parties must come to Washington to trace the titles. It seems to me that provision ought to be made for depositing at the State capitals, with the States, the records of the land offices, or in some way for preserving them within the States. Unless that be done, they will exist nowhere except at Washington. I know it is the constant practice in my State, when actions arise involving the title to lands, to apply to the land office for cer

there are several. It is very inartificially drawn, it seems to me, and ought to be redrafted.

Mr. POMEROY. It is drawn precisely leave the discretion in the Secretary of the Interior to judge whether a district should be discontinued or not.

Mr. POMEROY. I will say, in reply to the Senator, that that subject has been for more than a month discussed in the Committee on Public Lands, and at two succeeding meetings the Commissioner of the General Land Office has been before the committee. The very point that the Senator from Illinois now makes was argued before the committee at considerable length. In examining the way the records are kept, both in the General Land Office here and in the various districts, we found that they did not have here duplicate of the certificates of entry. It was at first supposed that if they were brought here to the General Land Office it would be only multiplying papers of the same character; but the Commissioner of the General Land Office says that he now has to send to these various land offices himself to get copies whenever a contest arises in which he is asked to furnish them. It is very strenuously urged, by the General Land Office at least, that the whole of the documents in each case should be deposited here when we close out the land districts in a State. The committee have no feeling about it more than to make our system harmonious, and to accommodate the entry of these lands to the system that they have already adopted. It has been a long time before that committee, and we have been urged for a good while to report it. We hesitated somewhat, but finally concluded to report it as the Commissioner of the General Land Office desired it. Mr. TRUMBULL. I was quite aware that the Senator from Kansas had no other object in view than the promotion of the public interests. The people of Kansas are just as much interested in this question as those of Illinois. We are all interested alike. Having been engaged somewhat in the practice of the law, I know that we have frequent occasion in those States to resort to the land offices for information, and I am sure it will subject the people to great inconvenience if the only information they can obtain in regard to land titles in their region is from Washington. It is very difficult to get that evidence from the Land Office here. During the present session I have been written to by gentlemen of the bar in my State for information in regard to tracts of land which they said they had written for and could not obtain, and they asked me to interfere and go to the Land Office and see if I could get for them the evidence of the entry of a tract of land or the grant of a tract of land, and when it took place, and to whom it was granted. These are facts that ought to be come-at-able conveniently by the people who are interested. I think the bill had better go over, so that we may have an opportunity to look at it a little more closely. Mr. POMEROY. I have no objection to its going over; but I submit to the Senator that in a large State like Illinois, where we have reduced all the offices to one, it will be as difficult for the people living at remote districts from Springfield to get the evidence from Springfield as to get it from Washington. They have got to write for it; and if they send to Washington they can get all the evidence in the case, while if they send to Springfield they can only get

a part.

Mr. TRUMBULL. You will have to employ a great many new clerks here if they are all to be compelled to come here.

Mr. POMEROY. I have no objection to the bill going over.

Mr. GRIMES. I call the attention of the chairman of the Committee on Public Lands to the phraseology of this bill, from which, if I understand it, nobody can tell whether it applies to a State like Illinois, where there is only one district, or to a State like Iowa where

Mr. GRIMES. Any district?

Mr. POMEROY. Any district in any State. That is the meaning of it.

Mr. GRIMES. Then, as I understand it, if the Commissioner of the General Land Office chooses to discontinue one of the districts in the State of Iowa, all the archives in regard to that district are to be transferred here.

Mr. POMEROY. No, sir, that is not the bill.

Mr. GRIMES. That is the way it reads. Mr. POMEROY. Where two districts are consolidated into one in a State they remain in the State; but when the land offices are closed out in a State then the bill provides that the archives shall be sent to Washington.

Mr. GRIMES. It is very likely that is the intention of the Committee on Public Lands, but that is not what the bill will accomplish it it should be enacted into a law.

Mr. CONNESS. I wish to say to the chairman of the Committee on Public Lands, while this bill is up, as it will be further considered at another time, that there is another difficulty connected with this subject, which is, that if these records come to the Land Office here, they will come under the operation of an exist ing law by which the Land Office is authorized to charge fifteen cents a folio for transcripts of records, which they are asked for, and which are so often needed, and they cannot be obtained without the payment of that sum. The committee should take that provision into consideration, because it is a grievous tax on the public which ought not to be permitted to remain, and it should not be extended by a bill of this kind to bring other records subject to it. Recently, in a case at the Land Office, where a decision was made against one of my constituents, and he was required to file his appeal within a given time, to get the evidence upon which he might make up his case, he was asked to pay fifteen cents a folio, when I was compelled to say that I would call for the evidence and papers in the case, by a resolution of the Senate, unless they were furnished; and then he got access to the papers. There is an existing law which, in my opinion, very much needs repeal or modification, subjecting the people connected with land questions to this enormous tax. It was enacted because of the with restricted clerical force, for papers; and many demands that were made upon the office, the Government finally, in its own behalf, inflicted this enormous tax. I make this suggestion now for the benefit of the committee, so that in the further consideration of this bill that great difficulty and exaction may be cured.

Mr. TRUMBULL. I think there is an exist ing rule-I know there was at one time-in the land department, which prevented the furnishing of copies of papers there except upon affidavits. I do not know whether there was a law on the subject or not; but I know that at one time the Commissioner of the General Land Office refused to furnish transcripts from the records unless certain affidavits were filed. If a party desirous of purchasing a tract of land wished to ascertain whether it could be safely purchased, it was clogged, before he could get the transcripts of the entry of the land or its grant by Government, with impediments which were very much in the way of the transfer of land.

I do not know whether that rule exists now, but I am quite sure that it did some years ago.

Mr. POMEROY. It has been modified by the law to which the Senator from Cabfornia has referred. Parties may now have transcripts by paying fifteen cents a folio for them. The difficulty which the Senator suggests was modified by the law to which the Senator from California has referred.

Mr. CONNESS. I suggest that it needs

further modification.

Mr. WILSON. I thought it was under

stood that this bill was to go over for further consideration.

it stands. I suggest that it be amended so as to subject the grant of the right of way through public reservations to the approval of the Department to which the reservation may belong, as the Interior or War Department.

Mr. NESMITH. I suggest to the Senate that the simple grant of right of way cannot very well interfere with any reservation. It does not give any of the land of the reservation for any purpose, but simply the right of way.

Mr. CONNESS. I am aware of that, but the right of way might destroy a military reserva


The PRESIDENT pro tempore. There has been no motion to that effect as yet. Mr. WILSON. I make that motion.

The PRESIDENT pro tempore. It is moved that the further consideration of this bill be postponed until to-morrow.

The motion was agreed to.

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The committee of conference on the disagreeing votes of the two Houses on the bill (S. No. 26) entitled "An act to encourage telegraphic communication between the United States and the island of Cuba and other West India islands, and the Bahamas." having met, after full and free conference they have agreed to recommend, and do recommend, to their respective Houses as follows:

That the Senate agree to the first amendment of the House of Representatives to the bill, and that it agree to the second amendment of the House with an amendment as follows: at the end of the amendment insert the words, subject, however, to the power of Congress to alter and determine said rates;" and that the House agree to the same.

Z. CHANDLER, L.M. MORRILL, JOHN CONNESS, Managers on the part of the Senate.

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Mr. NESMITH. I move to take up Senate bill No. 99.

The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill (S. No. 99) granting lands to the State of Oregon to aid in the construction of a military road from Albany, Oregon, to the eastern boundary of said State. To aid in the construction of a military wagon road from Albany, Oregon, by way of Cargon City and the most feasible pass in Cascade range of mountains, to the eastern boundary of the State, the bill proposes to grant alternate sections of public lands, designated by odd numbers, for three sections in width on each side of said road. The lands granted are to be exclusively applied to the construction of the road, and to be disposed of only as the work progresses; and all lands heretofore reserved to the United States by act of Congress or other competent authority are reserved from the operation of the act, except so far as it may be necessary to locate the route of the road through the same, in which case the right of way is granted.

Mr. CONNESS. I call the attention of the Senator from Oregon to one of the provisions of this bill, which is the grant of the right of way through any reservation for military or other purposes, without subjecting that grant to the approval of anybody whatever hereafter. It would authorize the company to locate the road so as to destroy a reservation for military or other uses; they might run through the heart of it. I apprehend that is not contemplated, and yet it may be done under this provision as

Mr. NESMITH. I do not see how that could result simply from a road passing through it. Mr. CONNESS. It might run through a military post.

Mr. POMEROY. It has been usual to put in that the right of way is granted subject to the approval of the President of the United States, and then he refers it to the proper Department.

Mr. NESMITH. I have no objection to a provision of that sort.

Mr. POMEROY. I suggest to add to the first section of the bill "subject to the approval of the President of the United States," and then he will refer it to whatever Department it comes under. I move that amendment.

The amendment was agreed to.

The bill was reported to the Senate as amended, and the amendment was concurred in.

Mr. NESMITH. There is a typographica! error in the fifth line of the first section. It is here printed "Cargon City;" it should be Canyon City."


The PRESIDENT pro tempore. That correction will be made.

The bill was ordered to be engrossed for a third reading, was read the third time, and passed.


Mr. FESSENDEN. I desire to offer a resolution, and unless it is objected to, I should like to have action upon it now:

Resolved by the Senate, (the House of Representatives concurring.) That the standing committees of the two Houses on Public Buildings and Grounds be instructed to inquire and report what further provisions, if any, should be made for the accom

modation of the State Department.

building, and a fire in that building and a loss of all the papers there would involve infinite confusion and difficulty.

It has been suggested to me that there may be great difficulties in carrying out the present plan; but it is very advisable, and very necessary, in fact, that the Treasury building should be completed. It has occurred to me-and I will state this as a suggestion-that we shall be very soon obliged to erect a new Presidential Mansion somewhere; we ought to have a different place from that to be occupied by the President, and a place surrounded by grounds of proper extent. How soon this can be done I do not know, nor do I know what facilities may exist for doing it. In that case, the present Mansion might very well, perhaps, be occupied by the State Department. I merely suggest this. But it is very evident to me that the whole Treasury building will be needed for the accommodation of the Treasury Department itself. For instance, the Internal Revenue Bureau is now in a building on the other side of the street, which is not a fire-proof ⠀

The whole subject is one that has really got to a point that presses upon the consideration of Congress to make the proper provision for the Departments and for the safety of the important papers in the different Departments, and it is high time, in my judgment, that the whole matter should be deliberately considered by Congress. I have thought, therefore, that the better way was simply to call the attention of the Committees of the two Houses on Public Buildings and Grounds to the subject with regard to the State Department, which when they come to investigate they will find involves the consideration of the whole subject, which cannot be, in my judgment, any longer delayed. I therefore hope that the resolution will be adopted in order that the matter may be considered.

Mr. SUMNER. I am glad that the Senator from Maine has called attention to this subject. It has occupied something of my thoughts during this whole session. No one can visit the State Department without seeing that the building is, if I may so express myself, on its last legs that it will not continue long. It is old itself, but it must give way, as the Senator suggests, to the Treasury building; and all that space, I presume, will be needed for the purposes of the Treasury building. The ques tion, then, is where we shall place the State Department. I have heard it suggested that it should be transferred to the present Mansion of the President; but there is one remark to make upon that, that Mansion is not fireproof.

Mr. FESSENDEN. It can be made so, I understand.

Mr. SUMNER. I have heard that suggested, and still again I have heard it doubted. I merely throw that out as something which of course the committee or the authorities who have it in charge must most carefully consider, for we should all start with the idea that the State Department must be placed in a fire-proof building. There are all the archives of the Government from the beginning except some few, and they are in reasonably good preservation. There are also the original treaties, and with regard to these I have often thought my self, and have sometimes thought of introducing a joint resolution to that effect, that it would be advisable to have them transferred to the museum at the Patent Office. They are essentially curiosities. As they are now published in the Statutes-at-Large, they are not of essential importance as records, but they are very curious, for instance, for a visitor or a traveler who comes to Washington. They ought, however, all will see, to be in some place that is fire-proof. I therefore assume that the building which we shall have must be fire-proof, and the practical question will be, whether the President's Mansion could be put in such condition. I do not whether it could or not; but if it could, it certainly would be very favorable for the purposes of the State Department, central, accessible; but as the Senator from Maine says, that of course would entail the building of a Mansion for the President himself. I think all have foreseen that we must do that very soon, and I am very glad that attention is called to the question.

The resolution was agreed to.

There being no objection, the Senate proceeded to consider the resolution.

Mr. FESSENDEN. The resolution involves very considerably more than appears upon its face; but in drawing it I thought it best to word it as I have done. It is known, I suppose, by everybody, that the north wing of the Treasury extension is in process of being erected. In order to complete it, it will be necessary to take down the building which is at present occupied by the State Department. There is no place provided to which the State Department can go; and I do not know but that it must follow that the work on the Treasury building must be suspended for the want of power to accommodate the State Depart-know ment. There is no fire-proof building where it would be safe to lodge the very important documents which are there.

PACIFIC RAILROAD-SIOUX CITY BRANCH. Mr. HOWARD. I move to take up Senate bill No. 109, relating to the Sioux City branch of the Pacific railroad.

The motion was agreed to; and the Senate resumed the consideration of the bill (S. No. 109) to rescind the order of the President designating the Sioux City and Pacific Railroad Company to construct the branch of the Union Pacific railroad from Sioux City; the pend ing question being on the amendment of Mr. GRIMES.

Mr. SUMNER. I see that the Senator from Iowa [Mr. KIRKWOOD] who was to speak on

this question when it was last up is not now in
his seat. I remember perfectly well he was
about to speak because we had a little confer-
ence on the subject. He is not now in his seat.
Mr. HOWARD. I mentioned to him yes-
terday that I should call it up at the first oppor-ment

Mr. SUMNER. Perhaps he did not expect it before next week.

Mr. HOWARD. I do not know how that may be.

The PRESIDENT pro tempore. The pending amendment will be read.

Mr. GRIMES. The amendment is to strike out all after the enacting clause. I suggest to the Senator from Michigan that he let the bill lie over until my colleague shall be present.

The PRESIDENT pro tempore. Does the Senator move to postpone the further consid-ginia eration of the bill?

Mr. GRIMES. I suppose the Senator will not press it in my colleague's absence.

Mr. HOWARD. Not if he wants to speak. Mr. GRIMES. I understood he did. I have not had any conference with him since the bill was under consideration before; but I understand the Senator from Massachusetts has had. Mr. SUMNER. I have had; and he told me he should speak.

use of Nock's patent in the manufacture of
mail locks subsequent to such annulment, will
be referred to the Court of Claims for its detis-
ion, in accordance with the principles of equity
and justice; but the court is not to render judg-
for a greater sum than is contained in the
report of Solicitor Comstock to the Senate,
dated December 22, 1852.

The joint resolution was reported to the
Senate without amendment, ordered to be
engrossed for a third reading, read the third
time, and passed.


Mr. HOWARD. Let it lie over.

Mr. GRIMES. I move to postpone the further consideration of the bill until to


The motion was agreed to.


It proposes to authorize the President to appoint a commissioner to ascertain the amount of moneys expended by the State of West Virginia in enrolling, supplying, equipping, subsisting, transporting, and paying such State forces as have been called into service in that State since the 20th day of June, 1861, to act in concert with the United States forces in the suppression of rebellion against the United States. The commissioner is to examine all the expenditures made by the State for the purposes named, allowing only for disbursements made and amounts assumed by the State Mr. ANTHONY. I move that the Senate for enrolling, equipping, subsisting, transportproceed to the consideration of Senate billing, supplying, and paying such troops as were No. 274. called into service by the Governor, at the request of the United States department commander commanding the district in which West Virginia may at the time have been included, or by the express order, consent, or concurrence of such commander, or which may have been employed in suppressing rebellion in said State. No allowance is to be made for any troops which did not perform actual military service in full concert and coöperation with the authorities of the United States and subject to their orders. From the aggregate amount found to be due, the commissioner is to deduct the amount of direct tax due by the State to the United States under the act enti

The motion was agreed to; and the bill (S. No. 274) for the relief of John Ericsson was read the second time, and considered as in Committee of the Whole. Its purpose is to direct the Secretary of the Treasury to pay to John Ericsson the sum of $13,930, in full for his services in planning the United States war steamer Princeton, and planning and superintending the construction of the machinery of that steamer.

The bill was reported to the Senate without amendment.

Mr. CONNESS. I should like to hear some explanation of the bill.

Mr. ANTHONY. The Senator from California desires some explanation. I will make it very briefly. This is the compensation awarded by the Court of Claims to John Ericsson for his services in planning the steamer Princeton. The bill is accompanied by a lengthy report from the Court of Claims. The committee have examined the case and have no doubt of the justice of the claim.

Mr. CONNESS. That is satisfactory.

Mr. ANTHONY. Mr. Ericsson has been too busy in building a navy for us to press it himself here.

The bill was ordered to be engrossed for a third reading, was read the third time, and passed.


Mr. DIXON. I wish to enter a motion to reconsider the vote by which the Senate yesterday rejected the resolution granting to Mrs. Walling the use of the Chamber.

The PRESIDENT pro tempore. The motion will be entered.


Mr. RAMSEY. I move to proceed to the consideration of Senate joint resolution No. 71, a small resolution referring some papers to the Court of Claims.

Mr. VAN WINKLE. I move to take up for consideration Senate bill No. 230.

The motion was agreed to; and the joint resolution (S. R. No. 71) referring the petition and papers in the case of Joseph Nock to the Court of Claims was read the second time, and considered as in Committee of the Whole. By its provisions the claim of Joseph Nock for damages occasioned by the annulment of his contract for furnishing locks and keys for the use of the United States mail, and also for the

The motion was agreed to; and the bill (S. No. 230) to reimburse the State of West Virfor moneys expended for the United States in enrolling, equipping, and paying military forces to aid in suppressing the rebellion, was read the second time, and considered as in Committee of the Whole.

tled "An act to provide increased revenue
from imports, pay interest on the public debt,
and for other purposes," approved August 5,


In the adjustment of accounts the commis-
sioner is not to allow for any expenditure or
compensation for service at a rate greater than
was at the time authorized by the laws of the
United States in similar cases. If from his
report it shall appear that any sum remains
due to the State, the Secretary of the Treasury
is to draw his warrant for the same, payable
to the Governor of the State, and deliver it to
him. The commissioner before proceeding to
the discharge of his duties is to be sworn that he
will carefully examine the accounts existing
between the United States and the State of
West Virginia, and that he will to the best of
his ability make a just, true, and impartial
statement thereof, as required by this act. He
is to receive such compensation for his ser-
vices as may be determined by the Secretary
of the Treasury. The sum of $368,548 37
is appropriated to carry the act into effect.
Mr. VAN WINKLE. I ask that the report
of the Military Committee in this case be read.
The Secretary read the following report,
which was submitted by Mr. NESMITH on the
27th of March:

The Committee on Military Affairs and the Militia, to whom was referred the joint resolution of the Legislature of West Virginia, adopted February 17, 1866, "to secure an appropriation by Congress for the payment of certain military claims created in

that State during the war," have had the same under

consideration, beg leave to report:

rebels and guerrillas during the rebellion, as follows:
1. For moneys paid to independent companies, the
sum of....
$213,988 42
2. For moneys appropriated for payment
of militia.....
142,645 12

tia while in service...

3,271 88

3. For appropriations for supplying mili-
4. For subsisting and equipping volunteer
recruits mustered into service of the
United States...
5. For money paid to Upshur county mili-
tia while prisoners......

That from an examination of official documents and vouchers, together with the statement of Governor Arthur I. Boreman and Adjutant General Peirpoint, it appears that the State of West Virginia did incur liabilities in defending that State against the

1,592 10

6,950 85 ..$368,548 37


The necessity for the foregoing expenditures may be briefly stated:

The first class above mentioned were independent companies, numbering from twenty-five to seventyfive men, with one commissioned officer, organized in the border counties of the State, with instructions and orders to coöperate as far as practicable with the United States forces, and to keep down and suppress lawless bands of guerrillas or partisan rangers, then continually infesting such counties, under anthority of the so-called confederate government, for purposes of plunder and conscription. The services rendered by these companies were of great value and importance to the United States troops stationed near the border, acting, as they did, as scouts and guides through the mountains, and in furnishing information of the operations and movements of the enemy in their front. Being citizens and residents ofthe country in which they were required to operate, they were much more efficient for the purposes mentioned than the United States troops could have been. During the existence of these organizations many favorable notices of their services were received from military commanders within the department. The duty performed by them was of the most arduous and dangerous character, and they were only paid for the time actually on duty.

The second class mentioned is for services rendered by the militia of the State when called into actual service. The principal portion is for services rendered by six companies in the southwestern portion of the State, organized by authority of Governor Peirpoint, under the restored government of Virginia, in 1862. These companies were in the service continuously for nearly nine months, supplied with arms and ammunition, but furnishing their own clothing and subsistence. They were for the greater part of the time under the command and subject to the orders of Brigadier General Julius White, then commanding the district of east Kentucky, and other officers in the United States service in that district. Of these companies General White makes the following indorsement upon their muster and pay-rolls: "I had frequent and valuable services from these companies, and believe the time charged upon these rolls has been fairly and honestly estimated, and ought to be paid." This indorsement is also concurred in by Hon. Laban T. Moore and by Colonel John L. Zeigler, late of the fifth Virginia infantry volunteers. The remaining portion of this class is for services rendered by the militia for shorter periods, and were called out usually at the suggestion of the department and district commanders to act in concert with the United States troops in maintaining peace against guerrillas and in repelling hostile invasion.

Of the necessity for the service of the independent companies and militia mentioned it may be said to have been absolute. West Virginia was a border State, and her territory a matter of continual controversy from the commencement to the end of the rebellion; and while it was no doubt the intention of the General Government to furnish protection to the loyal people, yet from the nature of the warfare which existed there, the United States troops stationed within the State were inadequate for their protection, and without the assistance rendered by the militia of the State a large portion of the territory must have been abandoned, thus transferring the border from the mountains of West Virginia to the Ohio river or beyond it.

Of the other classes of claims it is, perhaps, unnecessary to speak. Suffice it to say, the subsistence and supplies charged for were furnished by the citizens of the State when the militia were called into service, and when they could not be supplied by the State or the United States Government.

The company of militia were organizing and driliing, when it was attacked by a superior force of the enemy, and sixty-eight of the company were cap tured and carried to southern prisons, forty-five of whom died while in prison. The surviving members of the company and the families of those who died in prison were paid thirteen dollars per month only from the date of capture to the date of death or release from prison.

The committee reporting the accompanying bill recommend its passage.


It is not necessary to add more than a few words to the report of the committee. The bill in form is the same as the bill that passed the Senate for the relief of the State of Missouri, while the amount of the claim is much less. The whole amount that can be paid to West Virginia under the bill is only $368,000. The facts set forth in the report sufficiently show that this expense was incurred in repelling the invasion of the State, and in carrying on the war on the part, as it were, the United States. Those troops were at all times under the command of United States officers, subject to be called on by them, and were


final appropriation for this matter. These claims are all to come before a commissioner appointed, I believe, by the War Department, who will examine them thoroughly. The whole amount is but $368,000, if we get it all; and as we have within a few days passed a bill in favor of Missouri, and another in favor of Pennsylvania, and another in favor of Kansas, I trust the Senate will be disposed to look with favor on this application of West Virginia.

Mr. FESSENDEN. I may be mistaken, but I thought from the reading that the appropriation in the bill was something over six hundred thousand dollars.

Mr. VAN WINKLE. Three hundred and sixty-eight thousand and some odd dollars. Mr. FESSENDEN. What is the total appropriation?

frequently called out by them. I have in my hand letters and dispatches from major generals, brigadier generals, and colonels, United States officers, calling the troops into requisition. The report sets forth an indorsement made on the pay-rolls by General White in reference to the efficiency of the service of these troops, and expressing his opinion that the time charged for is not excessive. The principal charge is for the services of certain independent companies which were raised with the appro bation of the President and the War Department, and were armed and equipped by the War Department, and subsisted by the Department, but who otherwise were at the expense of the State. No monthly pay was ever made to them by the General Government; and I have among the papers an order from the Secretary of War directing their disbandment at the close of the war, which shows that they were recognized as troops on the part of the United States.

The service in West Virginia, as is known to most Senators, was very peculiar. The whole State is made up of spurs of the Alleghanies, and consequently is a succession of high ridges, perhaps from one end of the State to the other. The people of that country, accustomed to these mountain paths, find their way in them at any time; but the service that was necessary there to protect the borders from invasion was a very unwilling service on the part of other troops who were called on to perform it. The fact is they were in great danger of their lives. They were in danger of being lost in the mountain paths, and by the peculiar knowledge of those to whom they were opposed in such a country they were in more danger than men would be under ordinary circumstances. These independent companies, therefore, were raised for this service. They took charge mainly of the frontier. They kept the State from being invaded and the property of everybody plundered and carried off, and they were also, as is fully stated in the papers, of immense service to the regular United States troops, in acting as scouts and furnishing them information.

It is proper to state, also, that the Government were hardly, at any time during the war, able to furnish us sufficient troops for our protection, and that these troops were raised for that purpose. It is within my personal knowledge that owing to some exigency arising in the military service elsewhere the troops were withdrawn from our whole frontier; even the troops guarding the railroad were withdrawn, and their places supplied by militia.

But, sir, these papers come before Congress in such a way that I think I need not enlarge much on the subject. The Legislature of West Virginia appointed a commission of respectable and highly intelligent gentlemen to investigate all these claims; and while the State has paid in excess of the sum named in the bill some sixty or seventy thousand dollars, yet, not deeming those accounts as formal as they should be, they have not sent them here for payment. I

may state, also, that this is the only claim that West Virginia has against the Government. While there are now pending in the two Houses claims from other States, amounting in some cases to millions of dollars, for organizing and putting in motion their troops, West Virginia has no such claim. It is known that she furnished to the volunteers of the Army, independent of these troops whose payment is now asked for, thirty-three thousand men, equal, when reduced to three years' men, to twentyseven thousand, while a great portion, one third, perhaps, of her population were inimical to the Government. She has had these extra claims, if they may be so considered, thoroughly examined. The papers are all in regular order. They have been made out on United States blanks, and I apprehend that the commissioner who is to be appointed under this bill will have no difficulty in adjusting the claims Batisfactorily. The Senate will remember that this is not a

Mr. NESMITH. Three hundred and sixtyeight thousand five hundred and forty-eight dollars and thirty-seven cents.

Mr. FESSENDEN. I understood it to be read $600,000. I will inquire, for I did not hear the details of the bill read, whether it is guarded with regard to the rates of payment of these troops, so as to bring it within military rules and the rules of the Department.

Mr. VAN WINKLE. The sum that has been paid to these companies is but thirteen dollars a month. That is to pay them for their time. Then there is a small charge, not amounting to $5,000, for subsistence furnished by the State to these troops. Then there is a charge for a company which, while drilling for the first time, I believe, were surprised and carried off-sixtyeight in number, of whom forty-five perished in the prisons of the South. The State paid those men from the time of their capture until their death or release from captivity at the same rate, -thirteen dollars a month.

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That in making up said account, for the convenience of the accounting officers of the Government, the commissioner shall state separately the amounts expended, respectively, for enrolling, equipping, arming, subsisting, transporting, and paying said troops, and from the aggregate amount he shall deduct the amount of direct tax due by the said State to the United States, under the act entitled "An act to provide increased revenue from imports, pay interest on the public debt, and for other purposes," approved August 5, 1861.

This claim was referred to me by the Committee on Military Affairs for investigation, and I took very great pains to examine into all the details in connection with it. I examined the vouchers and the statements of the officers of West Virginia. The vouchers were very much in detail. I had not an opportunity of examining them all, but they were made out on blank forms furnished by the War Department; and I must say that I have never examined a set of papers which appeared to be more carefully made out and more perfect in all their details.

Mr. FESSENDEN. I am entirely satisfied. The object of my inquiry was simply to find out whether the case was brought within the ordinary rules of the service.

Mr. NESMITH. It was thoroughly examined in all those respects. I will state that the item of $6,950 85 was the only point that I discovered in all the investigation about which there could be any possible doubt, and I think that that is a matter which will appeal to the humanity of every member of this body. Six thousand nine hundred and fifty dollars and eighty-five cents was appropriated and paid by the Legislature of West Virginia to the families of a company of militia who were captured by

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Mr. HENDERSON. I believe this is an by me in the Missouri case, with the exception exact copy of the bill as originally prepared

of the number of commissioners. It was originally prepared with three, but I preferred to have but one. The House of Representatives, however, when that bill passed inserted three commissioners, and also added another amendment, of which I do not recollect the precise language, but I know they required the report to be submitted to the accounting officers of the Treasury. Inasmuch as the bill would probably be amended in the House so as to make it correspond with the Missouri bill, and inasmuch as the Missouri bill passed in that way, and it will be nothing more than just to submit these claims to the same scrutiny, I will offer an amendment to insert after line five of section five these words:

Who shall cause the same to be examined by the proper accounting officers of the Treasury, and said officers shall audit the accounts as in ordinary cases.

So that the section will read:

That so soon as said commissioner shall have made up said account and ascertained the balance, as herein directed, he shall make written report thereof, showing the different items of expenditure, as hereinbefore stated, to the Secretary of the Treasury, who shall cause the same to be examined by the proper accounting officers of the Treasury, and said officers shall audit the accounts as in ordinary cases, and if from said report it shall appear that any sum remains due to the said State, he shall draw his warrant for the same, payable to the Governor of said State and deliver it to him.

Mr. VAN WINKLE. I accept the amend


Mr. DOOLITTLE. I suggest that the language should be, "in ordinary cases as if the same troops had been mustered into the service of the United States."

Mr. HENDERSON. There is no necessity for that. The Senator will see in the second section that it is sufficiently guarded in that point. There can be no allowance under this bill for troops that were not called out by the United States commanders, or did not perform service under them. If the Governor called out troops they are not to be paid. I think the bill is correct and ought to be passed. I think that where United States commanders called out the militia of any State and forced them to do service, and then required the State to pay those troops, the General Government ought to pay the State. It is nothing but just to West Virginia; and with the amendment I have suggested, I think the bill ought to pass. The words "said report" in the sixth line of the fifth section should be changed to "their reports;" so as to read, "and if from their reports it shall appear; "' and then the bill will be correct.

The PRESIDENT pro tempore. It is moved to amend the bill by inserting at the end of line five of section five, the words, "who shall cause the same to be examined by the proper accounting officers of the Treasury, and said officers shall audit the accounts as in ordinary cases;" and in line six by striking out the words "said report" and inserting "their reports."

MP. POMEROY. The bill in relation to Kansas, I believe, had the same provision in it; I think it ought to be in at any rate. I do not know but that all the bills on this subject have had the same provision.

Mr. DOOLITTLE. The language of the Kansas bill was that they were to be paid "as if they had been mustered into the service of the United States." The only question which arose in my mind was whether the accounting officers of the Treasury, who are very technical as to the law, would raise any question about

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