Also, the petition of Gardner Darr, and 71 others, citizens of Minnesota, asking an increased tariff on wool.

By Mr. WOODBRIDGE: The petition of Alfred Hull, and 66 others, citizens of Wallingford, Vermont, praying for an increased duty on foreign wool.

NOTICE OF A BILL.

The following notice for leave to introduce a bill was given under the rule:

By Mr. DARLING: A bill directing the Secretary of the Treasury to refund to the proper party or parties the amount of tax paid under section seven of the act to increse the internal revenue, and for other purposes, passed March 7, 1864, upon spirits imported prior to the date of said act.

IN SENATE.

FRIDAY, May 4, 1866. Prayer by the Chaplain, Rev. E. H. GRAY. The Journal of yesterday was read and approved.

PETITIONS AND MEMORIALS.

Mr. CONNESS. I present the petition of many thousands of the working men and trades societies of the city of San Francisco, California, addressed to the Senate and House of Representatives of the United States of America, in which they say:

"We, the undersigned citizens of the State of California, respectfully pray that you will be pleased to enact that eight hours shall be the period fixed for a legal day's work of labor, as to all workmen, artisans, or laborers in the employ of the United States; and that as weights, measures, &c., have been fixed and ascertained by law, you will, in like manner and spirit, fix the number of hours at eight, which shall constitute a legal day's labor."

I simply desire to say, Mr. President, in connection with the presentation of this petition, that the subject was before the Legislature of California on a like petition to this, and it was believed for a length of time by the workmen of that State that favorable action would be had upon it. I doubt not that State action is the more legitimate mode of arriving at this result than Federal action; but it will be observed that the petition only asks that a law be passed to fix the hours of labor which shall constitute a legal day's work in the employment of the United States.

I desire to say in addition, on presenting this petition, and I speak from a long experience, that I fully believe labor would be as profitable to the whole nation if eight hours constituted a legal day's work as now that ten hours mostly do so, because I believe that the labor which could be and would then be performed in eight hours would be fully the equivalent of the labor that is generally performed now in ten hours. I present the petition and move its reference to the Committee on Naval Affairs, to whom a like petition, I believe, has heretofore been referred.

The motion was agreed to.

Mr. SUMNER. I offer a memorial of the Commonwealth of Massachusetts addressed to the Senate and House of Representatives in Congress assembled, and praying Congress to reimburse certain moneys expended by Massachusetts for the common defense. This memorial, which is somewhat elaborate, sets forth at length the occasion on which these moneys were expended by Massachusetts and why Massachusetts undertook to expend them, and the consequent liability of the United States to reimburse them; and it concludes as follows:

"The government of Massachusetts under instructions from the General Government acted with all its accustomed vigor and liberality, and may now justly call upon the parental authorities of the general Union for the measure of equity in reimbursement, of which the expectation was raised By their own promise. The Commonwealth of Massachusetts, therefore, through its Legislature, respectfully asks that Congress will pass an act to provide for the refunding by the General Government of the expenditures made by Massachusetts as herein stated and explained."

This memorial is duly authenticated by the officers of the Legislature. I offer it and move its reference to the Committee on Military Affairs and the Militia; and at the same time, as it is a memorial from a State, I presume that if it does not come positively within the rule of the Senate, I shall not go too far if I ask that it be printed.

The memorial was ordered to be printed, and referred to the Committee on Military Affairs and the Militia.

Mr. HARRIS. I present the petition of William Syphax, who represents that some forty years ago the late Mr. Custis, of Arlington, gave to his mother, Maria Syphax, on manumitting her, a piece of land of fifteen acres; and he asks that Congress may confirm the title to that piece of ground to his mother and her heirs. I move that the petition be referred to the Committee on Private Land Claims.

The motion was agreed to.

Mr. WILSON. I present the memorial of the Sons of Temperance and Good Templars of Worcester, Massachusetts, in which they set forth that they are members of an organization of two hundred and fifty thousand persons in the United States, and they go on to speak of the evils brought upon the country, in the public service, civil, military, and naval, by intoxication; and they ask Congress to pass a law providing that intoxication shall work a dismissal of any public officer in the civil, military, or naval service of the country. I move the reference of the memorial to the Committee on the Judiciary.

The motion was agreed to.

Mr. CHANDLER presented a petition of citizens of Midland, Michigan, praying for a grant of land to aid in the construction of a railroad from Saginaw to some point on Lake Michigan in the direction of Bay de Noquette and in the Grand Traverse region; which was referred to the Committee on Public Lands.

Mr. JOHNSON. I present a memorial from ninety-five citizens of the counties of Dorset and Somerset, in Maryland, stating that they were assessed by General Lockwood in several thousand dollars for the purpose of rebuilding a church that had been burned, and with the burning of which they say they had nothing to do. I move its reference to the Committee on Claims.

The motion was agreed to.

Mr. VAN WINKLE presented six memorials from citizens of Alexandria city and county, Virginia, remonstrating against the proposed retrocession of that county to the District of Columbia; which were referred to the Committee on the District of Columbia.

REPORTS OF COMMITTEES.

Mr. CLARK, from the Committee on Claims, to whom was referred the bill (H. R. No. 519) to amend an act entitled "An act to provide for the payment of horses and other property destroyed in the military service of the United States," approved June 24, 1864, reported it without amendment.

He also, from the same committee, to whom was referred the bill (S. No. 46) for the relief of Henry M. Whittlesey, reported adversely thereon.

Mr. RAMSEY, from the Committee on Post Offices and Post Roads, to whom was referred the bill (S. No. 95) providing for the appointment of a commission to purchase a site and erect a building for a post office, custom-house, and for holding the courts of the United States, in the city of St. Paul, reported it with amend

ments.

Mr. WILLIAMS, from the Committee on Claims, to whom was referred the bill (H. R. No. 386) for the relief of Francis A. Gibbons, reported it without amendment.

Mr. MORRILL, from the Committee on Claims, to whom was referred the joint resolution (S. R. No. 52) authorizing the Secretary of the Treasury to change the name of the steamboat City of Richmond to the City of Portland, reported it with an amendment.

He also, from the same committee, to whom was referred the bill (S. No. 222) further to prevent smuggling, and for other purposes, reported it with amendments.

BILLS INTRODUCED.

Mr. HOWARD asked, and by unanimous consent obtained, leave to introduce a bill (S.

No. 303) for the relief of Joshua Hill, which was read twice by its title, and with the accompanying papers presented by him, referred to the Committee on Claims.

Mr. POLAND asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 304) for the relief of Mrs. Eastman, mother and sole heir of Alfred W. Eastman, deceased; which was read twice by its title, and referred to the Committee on Claims.

Mr. RIDDLE asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 305) to amend an act entitled "An act concerning notaries public for the District of Columbia," approved April 8, 1864; which was read twice by its title, and referred to the Committee on the District of Columbia.

Mr. TRUMBULL asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 306) relating to the granting of passports; which was read twice by its title, and ordered to be printed.

HOUSE BILLS REFERRED.

The following bills from the House of Rep resentatives were severally read twice by their titles and referred to the Committee on Territories:

A bill (H. R. No. 179) amendatory of the organic act of Washington Territory;

A bill (H. R. No. 202) to amend an act entitled "An act to provide a temporary govern ment for the Territory of Montana," approved May 26, 1864; and

A joint resolution (H. R. No. 32) to facilitate communication with certain Territories.

REV. HARRISON HEERMANCE.

Mr. WILSON. I desire to call up a joint resolution which I supposed was passed the other day; but I find it was not. It is the joint resolution (H. R. No. 107) for the relief of Rev. Harrison Heermance, late chaplain of the one hundred and twenty-eighth regiment New York volunteers, which was recommitted to the Committee on Military Affairs for the purpose of having a report in the case, and again reported with a report which has been printed.

The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill.

The joint resolution was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. ADVERSE REPORTS OF COMMITTEE ON CLAIMS.

Mr. CLARK. I asked the Senate the day before yesterday to allow me some time to-day for the business of the Committee on Claims; and if there be no pressing business in the morning hour, I should like to begin now, so as to get through early. I move that the Senate proceed to the consideration of the report No. 2 of the Committee on Claims on the petition of John Nabb and Sarah Nabb, an adverse report.

The motion was agreed to.

JOHN NABB.

The PRESIDENT pro tempore. The question is on agreeing to the resolution reported by the committee.

The resolution was adopted.

F. A. LEWIS.

On motion of Mr. CLARK, the Senate proceeded to consider the adverse report (No. 6) of the Committee on Claims on the petition of F. A. Lewis.

Mr. CLARK. The report of the committee in this case is as follows:

The petitioner sets forth that, in consequence of the legislation of Congress, he has been unjustly deprived of his property to the value of $15,527, the larger portion being negroes; and further, that the so-called confederate government has taken from him his other property to the value of $4,000, for which that government promised to pay him; and as the United States have overthrown the confederate government, they are justly responsible for its debts.

The committee are unable to appreciate the soundness or justice of the reasoning in relation to either portion of this claim.

The petitioner has deemed it unnecessary to fortify either portion of his claims with a particle of evidence beyond his own statement. The committee, in view of the foregoing allegations, ask the passage of the following resolution:

Resolved, That the prayer of the petition of F. A. Lewis ought not to be granted.

The resolution was adopted.

OWNERS OF THE BRIG SABAO.

On motion of Mr. CLARK, the Senate proceeded to consider the adverse report (No. 8) of the Committee on Claims on the petition of David Baker, Mowrey & Steere, Samuel True, and Nathaniel Crowell, owners of the brig Sabao.

Mr. CLARK. The committee in this case report a resolution that the prayer of the petitioners ought not to be granted, and unless some one desires to have the report read, or some portion of it stated, showing the nature of the case, I will ask the Senate to take the question on the adoption of the resolution. The resolution was adopted.

J. W. DOWNEY.

On motion of Mr. CLARK, the Senate proceeded to consider the adverse report (No. 9) of the Committee on Claims on the petition of J. W. Downey.

Mr. CLARK. This petitioner prays for the restoration of his real estate taken and sold under the confiscation act, and the committee report a resolution that the prayer of the petitioner ought not to be granted.

The resolution was adopted.

SELINA BARCLAY.

On motion of Mr. CLARK, the Senate proceeded to consider the adverse report (No. 10) of the Committee on Claims on the petition of Selina Barclay.

Mr. CLARK. This petitioner prays for relief for the burning of her house which was burnt by the destruction of the navy-yard at Gosport, Virginia, by the rebels. The committee report a resolution that the prayer of the petitioner ought not to be granted. The resolution was adopted.

JOHN AHERN.

On motion of Mr. CLARK, the Senate proceeded to consider the adverse report (No. 12) of the Committee on Claims on the petition of John Ahern.

Mr. CLARK. This petitioner prays to be indemnified for loss on a contract with the acting assistant provost marshal general of the northern district of New York for board and rations furnished to the United States for soldiers and recruits at the city of Albany in 1863, 1864, and 1865; and the committee report adversely to the prayer of the petitioner. The report was agreed to.

diers. The committee report a resolution that the prayer of the petitioner ought not to be granted.

The resolution was adopted.

JOHN EGNolf.

On motion of Mr. CLARK, the Senate proceeded to consider the adverse report (No. 16) of the Committee on Claims on the petition of John Egnolf.

Mr. CLARK. This petitioner prays for compensation for the loss of a California bond. The committee report a resolution that the prayer of the petitioner ought not to be granted. The resolution was agreed to.

WARREN, HOOD, AND HUMPHREY.

On motion of Mr. CLARK, the Senate proceeded to consider the adverse report (No. 18) of the Committee on Claims on the petition of George Warren, Daniel Hood, and Calvin R. Humphrey.

Mr. CLARK. The committee in this case report a resolution that the prayer of the petitioners ought not to be granted. The resolution was agreed to.

MRS. KATE PETTIT.

On motion of Mr. CLARK, the Senate proceeded to consider the adverse report (No. 19) of the Committee on Claims on the petition of Mrs. Kate Pettit.

Mr. CLARK. I call the attention of the Senate to the report in this case, as it is short, and involves, perhaps, a new principle.

The Committee on Claims, to whom was referred the petitions and papers relative to the claim of Mrs. Kate Pettit, have considered the same, and make the following report:

The petitioner alleges that, in July, 1865, she was walking on the sidewalk of a street in the city of Georgetown in this District, and was knocked down by a Government wagon through the careless or reckless management of the driver; that, as a consequence, she was by this accident seriously and irreparably injured, whereby she lost the use of one of her arms, and was put to great cost and expense.

She also alleges that she is a widow in indigent circumstances, with two small children dependent upon her for support.

Considering the allegations and circumstances in this case to be proved, the committee know of no rule by which the Government can be holden for the illegal and unauthorized acts of its servants; cases of this character may appeal to our sympathy, but from reasons of public policy can never be allowed as claims by Congress.

The committee recommend the passage of the following resolution:

Resolved, That the prayer of the petitioner cannot be granted.

The resolution was adopted.

ALONZO MORSE.

On motion of Mr. CLARK, the Senate proceeded to consider the adverse report (No. 20) of the Committee on Claims on the petition of Alonzo Morse.

Mr. CLARK. This petitioner prays indemnification for certain United States notes lost by the burning of his dwelling-house, and the committee make an adverse report. The notes were in part compound-interest notes, and in part notes which could not be identified. The Treasury Department paid him for those which could be identified, and the committee report against the balance of the claim, on the ground that there is no identification.

The report was agreed to.

LIEUTENANT COLONEL REYNOLDS.

On motion of Mr. CLARK, the Senate proceeded to consider the adverse report (No. 21) of the Committee on Claims on the petition of Brevet Lieutenant Colonel S. M. Reynolds.

Mr. CLARK. This petitioner prays to be relieved from responsibility for money stolen from him on the 22d December 1865; and I call the attention of the Senate to it, as the money was lost at one of the banking-houses in this city. The committee come to an adverse conclusion on this matter, and report a resolution granted. that the prayer of the petitioner ought not to be

The resolution was agreed to.

SWEENY, RITTENHOUSE AND COMPANY. On motion of Mr. CLARK, the Senate proceeded to consider the adverse report (No. 22)

of the Committee on Claims on the petition of Sweeny, Rittenhouse, Fant & Co.

Mr. CLARK. The prayer of the petition in this case is that they be allowed to go to the Court of Claims. They have been once to the Court of Claims, and had an adverse report, when the court consisted of three judges; and they want now, when it consists of five, to see if they cannot get a favorable report. The Committee on Claims came to the conclusion to report against it.

The report was agreed to.

FRANCIS MILLER.

On motion of Mr. CLARK, the Senate proceeded to consider the adverse report (No. 23) of the Committee on Claims, on the petition of Francis Miller.

Mr. CLARK. This petitioner entered into contract with the Government for the furnishing of certain supplies, the price of which he found afterward to be raised in the market, and he refused to deliver the supplies. He now asks that the Government should pay him that portion of the money which was retained upon his contract for the portion that he did furnish. The committee came to the conclusion that it should not be paid to him because be refused to perform his contract. They therefore report a resolution that the prayer of the petitioner ought not to be granted.

The resolution was adopted.

JOHN R. BROWN.

On motion of Mr. CLARK, the Senate proceeded to consider the adverse report of the Committee on Claims on the petition of John R. Brown.

Mr. CLARK. This is a claim for damages for the seizure of a vessel by some of our naval vessels as a blockade-runner. The committee came to the conclusion that there was probable cause for the seizure, and that no damages should be paid.

The report was agreed to.

P. A. WHEELER.

Mr. CLARK. The next report is one not printed, on the petition of P. A. Wheeler. It is an adverse report. I move that it be agreed to.

The report was agreed to.

CYRUS M. HARMON.

Mr. CLARK. The next report is No. 37, on the case of Cyrus M. Harmon. The petitioner was the owner of a newspaper in West Virginia, and the rebels got possession of a large portion of the country, embracing the county of Jackson, where he lived, and on the 4th of September, 1864, occupied Ravenswood, and immediately destroyed the presses, stock, and type of the establishment. He desires the United States to pay for it. The committee came to the conclusion to report adversely. The report was agreed to.

COLONEL D. D. TOMPKINS.

Mr. CLARK. The next adverse report is No. 40, on the petition of the executors of the late Colonel D. D. Tompkins. Colonel Tompkins was ordered to reside in the barracks furnished for the United States troops at New Orleans. He chose afterward to reside in the city, and he demanded commutation for rent and quarters, which the Department refused to allow him. The committee think the Department were right, and therefore recommend that the prayer of the petition be refused. The report was agreed to.

EPHRAIM HUNT.

Mr. CLARK. The next report is No. 41, on the petition of Ephraim Hunt.

Mr. FESSENDEN. In regard to that there have been several reports in favor of Ephraim Hunt which have been acted upon by this body, and a bill has been passed. There is now an adverse report. If the Senator is willing I should prefer that it should lie over.

Mr. CLARK. I will not object.

The PRESIDENT pro tempore. The case will be passed over.

REBECCA S. MINOR.

Mr. CLARK. The next report is No. 42, on the petition of Rebecca S. Minor. The petitioner asks for compensation for fences and buildings taken by troops of the United States near Natchez, Mississippi, and used for fuel. The case was wholly unsupported by evidence, and the committee recommend that she have leave to withdraw her petition.

The report was agreed to.

MARIA GENAUD.

Mr. CLARK. The next report is No. 48, on the claim of Maria Genaud, heir of Jean Hudry. The committee report that the prayer of the petitioner ought not to be granted. The report was agreed to.

GEORGE D. C. HIBBS.

Mr. CLARK. The next report is No. 49, on the petition of George D. C. Hibbs. The committee report against the claim.

The report was agreed to.

MARY E. TWIFORD.

Mr. CLARK. The next is No. 52, in the case of Mary E. Twiford. I think one of the Senators from West Virginia presented the petition in this case. The committee came to the conclusion that they did not see any ground on which the claim could be allowed. It is a case where a house belonging to a widow lady was burned by the rebels because, as was supposed, she had given information to our troops.

Mr. VAN WINKLE. I think the Senator is mistaken about that claim having been presented by any of the Senators from West Vir ginia.

Mr. CLARK. I may be mistaken about that. I merely mentioned that because I did not know but that the Senators might desire their attention called to it.

The report was agreed to.

ANTHONY S. ROBINSON.

Mr. CLARK. I now ask the Senate to proceed to the consideration of the bill (S. No. 16) for the relief of Josiah O. Armes, on which there is pending a motion to reconsider.

Mr. FESSENDEN. I suggest to the Senator whether, as that will occasion considerable debate, he had not better pass it over, and take up the other bills which will not occasion debate, and dispose of them in the first place.

Mr. CLARK. I propose to take the question upon the reconsideration first, and I think that will not lead to much debate; and then, if the vote is reconsidered, I will agree to postpone the bill and take up the other bills. I do not know that anybody wants to debate it upon the motion to reconsider. I propose simply to make a very short statement in regard

to .t.

The PRESIDENT pro tempore. The question is on the motion of the Senator from New Hampshire, that the Senate proceed to the consideration of this subject.

The motion was agreed to.

The PRESIDENT pro tempore. The question now is, Will the Senate reconsider the vote by which the bill was passed?

Mr. CLARK. This bill was passed by the House of Representatives at the last session of Congress, and came to the Senate and was passed here. The committee had examined the claim very thoroughly, and came to the conclusion, I think unanimously, that the claim ought to be paid. The bill was passed. The bill hav ing been passed by both Houses of Congress, it went to the enrolling clerk. But by a mistake of the clerk it failed to be enrolled, and did not reach the President for his signature. The bill was reintroduced and taken up, I think, on the first or second day of this session, and was passed by the Senate and sent to the other House. It was then brought back here by a message for the purpose of entering a motion to reconsider.

I desire to state that this loss of the party is fully proved. The value of the property is fully proved. The title is fully proved. The

Union sentiments and services of the man who

makes the claim are fully proved. It is also fully proved that the man himself furnished a good deal of information and assistance to the troops of the United States. It is proved that his wife left her home in the night time, and came through our lines for the purpose of delivering information, and was fired upon by the pickets. It is proved, also, as bearing on the Unionism of this man, that he has a son who has been in our service through the rebellion, and is still in the service. I hope it will not be reconsidered, but I am willing to have the question taken without any further debate.

The PRESIDENT pro tempore. The question is, Will the Senate reconsider its vote passing the bill?

Mr. NESMITH. I ask the Senator from New Hampshire what amount is appropriated by this bill.

Mr. CLARK. About ten thousand dollars. It has been objected by some Senator that it will lead to a large outlay and expenditure; but from the experience and information of the Committee on Claims I think there are no facts to justify that fear. It does not seem to me to be so.

Mr. WILSON. As the bill has been once passed by the Senate the whole question is involved in the reconsideration. If the Senator from New Hampshire is willing to let the vote passing it be reconsidered, and then to let it lie over without action, I have no objection.

Mr. CLARK. I do not propose to let it lie over longer than until we have considerd certain other bills. I am willing, as a test of the sense of the Senate, to take the vote upon the reconsideration without further debate, and then, if the bill should be reconsidered, to let it lie over, for we can debate it fully on the passage of the bill.

Mr. WILSON. The reconsideration covers the whole question; and if it should happen not to be reconsidered the bill passes out of our power. We have got to meet it now, therefore. If we go on with this question at this time I suppose the Senator will hardly have time to consider his other propositions. I suggest that he allow the vote on the passage of the bill to be reconsidered, or else let the whole question go over.

Mr. CLARK. Well. I will let it pass by, and take up other bills, if Senators desire to debate it.

Mr. JOHNSON. Let it be reconsidered first.

Mr. CLARK. No, I do not propose to have it reconsidered.

The PRESIDENT pro tempore. The question will be passed by, no objection being made to that course.

AMOSKEAG MANUFACTURING COMPANY. Mr. CLARK. I move now to take up the bill (S. No. 225) for the relief of the Amoskeag Manufacturing Company.

The motion was agreed to; and the bill was read the second time, and considered as in Committee of the Whole. Its purpose is to require the Secretary of the Treasury to pay to the Amoskeag Manufacturing Company the sum of $1,650, in full for three regimental cook wagons furnished the Government in 1861.

Mr. POMEROY. I should like to know

why the company did not get their pay if they furnished these wagons. If the wagons were furnished by the company upon an order from the quartermaster or from any competent au thority they ought to have got their pay. Why did they not?

Mr. CLARK. I will state that these wag ons were furnished on the order of General Frémont when he was in command at St. Louis; they were well made, and the bills for them were reasonable. The claim was presented to the quartermaster and the parties relied upon the quartermaster, submitting it to the commission which was organized to consider the claims for supplies furnished under General Frémont, but the quartermaster neglected to do so, supposing that the parties would present it to the

commission. For this reason the claim failed to be presented to the commissioners, and the parties were not paid on that account. The wagons were taken and used, and were serviceable.

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

R. E. BRYANT.

On motion of Mr. CLARK, the bill (H. R. No. 214) for the benefit of Colonel R. E. Bryant was considered as in Committee of the Whole.

It proposes to require the proper accounting officers of the Treasury to allow R. E. Bryant, late commissary of subsistence, on settle ment of his account, a credit of $1,484 13, the vouchers and accounts for which were lost and destroyed, falling into the hands of the enemy at Holly Springs, Mississippi, on the 20th day of September, 1862, if on examining the evidence by the Commissary General he shall deem him justly entitled to the credit; but the credit is not to be allowed unless the Commissary General shall certify approval thereof.

Mr. CLARK. I will say that the committee have examined the papers and find that the case is well proved before them; but have put in the clause requiring the approval of the Commissary General, so that if anything should occur at the Department the claim need not be paid unless it be right.

The bill was reported to the Senate without amendment, ordered to a third reading read the third time, and passed.

ADJOURNMENT TO MONDAY. On motion of Mr. CLARK, it was Ordered, That when the Senate adjourn to-day, it be to Monday next.

MESSAGE FROM THE HOUSE.

A message from the House of Representa tives, by Mr. McPHERSON, its Clerk, announced that the House of Representatives had passed the joint resolution (S. R. No. 80) extending the time for the completion of the Union Pacific railway, eastern division, with an amendment, in which it requested the concurrence of the Senate.

ENROLLED BILLS SIGNED.

The message further announced that the Speaker of the House of Representatives had signed the following enrolled bills; which thereupon received the signature of the President pro tempore of the Senate:

A bill (S. No. 26) to encourage telegraphic communication between the United States and the island of Cuba and other West India islands, and the Bahamas;

A bill (S. No. 74) for the admission of the State of Colorado into the Union; and

A bill (S. No. 155) concerning the boundaries of the State of Nevada.

DANIEL WINSLOW.

Mr. CLARK. I move to take up Senate bill No. 149, for the relief of Daniel Winslow.

The motion was agreed to; and the bill was considered as in Committee of the Whole. It proposes to release and relieve Daniel Winslow and his legal representatives from all judg ments, and from all liens and incumbrances of judgments in favor of the United States, heretofore obtained against Winslow, in any district court of the United States, upon a contract entered into by him with the chief of the Bureau of Provisions and Clothing, to deliver at the navy-yard in Charlestown, Massachusetts, eighteen hundred barrels of Navy beef; which contract was dated September 29, 1846; the meaning of the act being to release Winslow from all liability arising out of the contract or any bond given to secure its performance thereof, and from all judgments founded on the same, whether against himself alone or himself and his sureties, but not to relieve him of any levies heretofore made or sums paid on those judgments.

Mr. JOHNSON. What is the ground of that?

upon

Mr. CLARK. I am asked by the Senator from Maryland to State the ground of the claim. During the Mexican war this party made a contract with the Government to furnish a certain amount of beef for the Navy. He went on to furnish the beef, but the price of beef rose very much his hands. He still, however, continued to furnish, as far as he was able, until he became entirely ruined. His property was seized and all his lands and goods taken. His bondsmen were some years ago released. The man himself has nothing. He has acted honestly and done everything he could, and the committee think he should be relieved.

Mr. JOHNSON. I am satisfied. The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed.

JOHN H. CROWELL.

Mr. CLARK. I move to take up Senate bill No. 278.

The motion was agreed to; and the bill (S. No. 278) for the relief of Captain John H. Crowell, assistant quartermaster in the United States Army, was read the second time and considered as in Committee of the Whole.

By its provisions the proper accounting officers of the Treasury are to be authorized to allow Captain John H. Crowell, on a settlement of his accounts, a credit of $225, for so much money disbursed by him to persons in the service of the United States, in payment for such services, the vouchers for which payment were captured by the rebels and destroyed in an attack upon the camp at Baton Rouge, Louisiana, where he was stationed on the 5th day of August, 1862, if, on examining the accounts of Crowell, the Quartermaster General shall deem him justly entitled to this credit, and shall certify his approval thereof to the accounting officers.

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

The motion was agreed to; and the bill (H. R. No. 347) for the relief of R. L. B. Clarke was considered as in Committee of the Whole. It proposes to direct the Treasurer of the United States to pay the sum of $1,500 to R. L. B. Clarke, in full for the time and expense incurred by him in contesting the seat of Augustus Hall, from the first district of Iowa, in the Thirty-Fourth Congress.

The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed.

COURT OF CLAIMS.

Mr. CLARK. I move that the Senate now proceed to the consideration of a House bill reported from the Committee on the Judiciary, but affecting claims. It is a bill extending the jurisdiction of the Court of Claims.

The motion was agreed to; and the bill (H. R. No. 473) to extend the jurisdiction of the Court of Claims was considered as in Committee of the Whole.

The bill provides in the first section that the Court of Claims shall have jurisdiction to hear and determine the claim of any paymaster, quartermaster, commissary of subsistence, or other disbursing officer of the United States, or of his administrators or executors, for relief from responsibility on account of losses by capture or otherwise, while in the line of his duty, of Government funds, vouchers, records, and papers in his charge, and for which such officer was and is held responsible; but an appeal may be taken to the Supreme Court as in other cases.

By the second section, whenever the Court of Claims shall have ascertained the facts of any such loss to have been without fault or neglect on the part of any such officer, it is to make a decree setting forth the amount thereof, upon which the proper accounting officers of the Treasury are to allow to such officer the amount so decreed as a credit in the settlement of his accounts.

Mr. DOOLITTLE. I did not understand what committee it was that reported this bill. Several SENATORS. The Committee on the Judiciary.

Mr. CLARK. We were all agreed upon it in the Judiciary Committee. It does not increase the jurisdiction very much, but sends a class of cases to the court which are now very troublesome to us.

Mr. DOOLITTLE. It appears to me, from the reading of it, to change the burden of proof in regard to these quartermasters' and commissaries' claims.

Mr. CLARK. It simply sends these cases to the Court of Claims, where they are examined much more thoroughly, where the Government is heard from; but if they come before the Committee on Claims there is nobody to represent the Government. The Committee on the Judiciary thought it much safer to let them go before the Court of Claims.

The bill was reported to the Senate without amendment, ordered to a third reading, and was read the third time.

Mr. GRIMES. I should like to inquire of the Senator from New Hampshire what is meant by the last section of this bill. Suppose a balance should be found in favor of a quartermaster or other officer; is it intended that a decree shall be entered up against the Government of the United States?

Mr. CLARK. No; it does not allow a set-off.

Mr. GRIMES. Suppose there is a balance found in favor of the disbursing officer against the Government over and above the charges against him.

Mr. CLARK. This is confined to a certain class of cases, those where vouchers or funds have been lost, and to reach no other class of cases. There have been a good many of these cases arising during the war, where the vouchers have been captured by the enemy, where they have been destroyed, sometimes by fire, or otherwise, or inevitable casualty. The committee thought it was very much better that they should go before the Court of Claims than to come before the committees of the two Houses, where they now come, because they are examined in the court more thoroughly; there is there an officer of the Government to appear in behalf of the Government, whereas before the committees we have no such officer and very often have no such proof except such as we can get by sending to the Departments. The Committee on the Judiciary, therefore-I think they were unanimous in regard to it came to the conclusion that it was better that

the parties should go to the Court of Claims for that purpose. The bill, however, does not undertake to allow the court to adjudicate upon any balance of accounts. The bill was passed.

LOUDON COUNTY LOYALISTS.

Mr. CLARK. The next bill is the bill (S. No. 277) for the relief of loyal citizens of Loudon county, Virginia. That bill is in charge of the Senator from Wisconsin, [Mr. Howe.] I do not see him in his seat, and I propose, therefore, to let it be passed over.

The PRESIDENT pro tempore. The bill will not be taken up without a motion.

Mr. CLARK. As the Senate is thin, and the only remaining bill is that of Mr. Armes, and it may be desirable that Senators should be present when that is disposed of, I propose to pass it over at present, and I shall move, at some favorable moment, that it be taken up. QUARTERMASTER AND COMMISSARY SUPPLIES. Mr. POLAND. I move that Senate bill No. 217 be taken up.

The motion was agreed to; and the bill (S. No. 217) to provide for the payment for quartermasters' stores and subsistence supplies furnished to the Army of the United States, was read the second time, and considered as in

Committee of the Whole.

It proposes that all claims of loyal persons, not exceeding $500, for quartermasters' stores actually furnished to the Army of the United States and receipted for by the proper officer receiving them, or which may have been taken by such officer without giving such receipt, may be submitted to the Quartermaster General of the United States, accompanied with such proofs as the claimant can present of the facts in his case; and the Quartermaster General is to cause such claim to be examined, and if convinced that it is just, and that the claimant, at the time the claim accrued, was loyal to the Government of the United States, and has ever since so remained, and has never in any way voluntarily aided the rebellion, and that the stores were actually received or taken for the use of and used by the Army, he is to report each case to the Third Auditor of the Treasury, with a recommendation for settlement. A similar provision is made in regard to all claims of loyal persons, not exceeding $500, for subsistence actually furnished to the Army.

It is further provided that all loyal persons having claims exceeding $500 for quartermasters' stores, or for subsistence, actually furnished to the Army of the United States, and receipted for by the proper officer, or which have been taken by such officers without may giving a receipt, for the use of and actually used by the Army, may prosecute their claims against the United States in the Court of Claims, in the manner and to the extent now provided by law for the prosecution of claims against the United States in that court; and if the claimant shall establish by evidence that at the time his claim accrued he was loyal to the United States and has ever since so remained, and that he has never in any way voluntarily aided the rebellion, the court shall render judgment in his favor for so much of his claim as is found to be justly due.

Mr. POLAND. I move to amend the bill by adding to the third section these words:

And such judgments shall be paid out of any money in the Treasury appropriated for the payment for quartermasters' stores and subsistence respectively. Mr. WILSON. Why not let these claims, like others, wait for the proper appropriation?

Mr. POLAND. This merely makes provision for the payment of the judgments that are authorized. It is not an appropriation of itself. Mr. CLARK. With the permission of the Senator from Vermont, I will say to the Senator from Massachusetts that this amendment provides for the payment of these claims out of the proper fund. They are properly quar termasters and commissaries' charges, and this amendment simply is that they shall be paid out of those funds, and not out of the general fund, so as to be chargeable to the

quartermaster's and subsistence departments respectively.

Mr. TRUMBULL. The committee thought there was some danger in permitting these claims for quartermasters' and commissary stores to be paid on the mere certificate of a quartermaster or commissary. That is the present law, and under it they are referred to clerks, although they involve very large amounts. We thought it safer, where the amount of the claim exceeds $500, to send it to the Court of Claims. At present, if the claims are allowed they are paid out of the funds appropriated for the commissary and quartermaster's departments. Now, we propose to send them to the Court of Claims, and it is proper that they should be paid out of the same fund that they would if allowed at the office. The opinion of the committee was that it was safer, where they exceeded $500, to make the parties go into the court, where the question will be examined on both sides.

Mr. GRIMES. Does it send all cases there? Mr. TRUMBULL. All above $500-all that class of cases which the law covers.

The amendment was agreed to.

The bill was reported to the Senate as amended.

Mr. GRIMES. Does this cover everything -transportation, &c., I would inquire of the Senator from Illinois.

Mr. TRUMBULL. The Senator from Vermont has charge of the bill.

Mr. POLAND. The first two sections of the bill provide, the one for the payment of quartermasters' stores, and the other for the payment of subsistence. These two sections are precise copies of an act that was passed a year or two ago, except that they restrict the amount of claims which can be settled in the department to those not exceeding five hundred dollars. The third section of the bill provides that claims of the character named in the first two sections above $500 shall go to the Court of Claims, and the bill is extended in both classes of claims, irrespective of the amount of the claims, to the claims of loyal citizens in all parts of the United States. These are the only changes in the present law.

Mr. GRIMES. I suggest to the Senator who reported this bill that it does not embrace as much as it ought to embrace. It ought to embrace cases of transportation. There has been more swindling and fraud perpetrated against the Government growing out of charter-parties for transport ships

Mr. TRUMBULL. Are not those all settled? Mr. GRIMES. No, sir. I know of some most enormous cases which are yet in abeyance, and I trust the committee will amend this bill so as to include them.

Mr. POLAND. Claims for quartermasters' stores below $500 it is provided shall be settled at the Quartermaster General's Office, and claims for subsistence below $500 are to be settled by the Commissary General; and then the bill provides that both classes of claims above $500 shall go to the Court of Claims and be settled there.

Mr. GRIMES. I find no fault with the bill

as it stands. It embraces quartermasters' stores; but the term "quartermasters' stores" does not include claims for transportation; I mean sea-going transportation and river transportation, which has amounted to hundreds of millions of dollars during the war. Many of those claims are still in abeyance, unadjudicated, unsettled. What I desire is, that these large claims shall also go to the Court of Claims and be adjudicated there, instead of being decided by a clerk in the quartermasters' de partment. I suggest to the Senator from Vermont to change his bill, so as to include all claims growing out of transportation by water.

Mr. POLAND. I do not see that there can be any objection to that, but under the third section of this bill all claims of that character above $500 are to go to the Court of Claims. It would be hardly proper of course to send that class of claims to the Quartermaster General's Office or to the Commissary General.

Mr. GRIMES. The Quartermaster General has that now. All charter-parties for the transportation of troops or munitions of war are made by the quartermaster's department, and not by the commissary department or any other bureau.

Mr. POLAND. Are those claims now settled in the Quartermaster General's Office?

Mr. GRIMES. Yes, sir. What I want is not only to include quartermasters' stores, which are included in the bill, but to include all claims growing out of transportation by land or water for the Army.

Mr. TRUMBULL. The Senator from Iowa will observe that this bill is not intended to take away the general jurisdiction of the quartermaster and commissary departments to settle for supplies and the general business of those departments. It covers only the class of cases where there is a controversy, and it is limited to cases where supplies have been taken by the proper officer and a receipt given for them, or where they were taken by the proper officer and no receipt given, and where the claimant was a loyal man at the time the property was taken, and has remained a loyal man ever since. The bill is only intended to apply to that class of cases. They would not settle those claims in the quartermaster and commissary departments because the proper vouchers had not been given. We passed a law one or two years ago authorizing the Quartermaster and Commissary Generals to settle that class of cases, where the receipt had been given by the proper officer, or where he had not given a receipt, if the property was taken and used by the Army, and the man from whom it was taken was a loyal man at the time, and has continued loyal since. They have been settling those claims. It was limited originally to claims that existed in the loyal States. This bill proposes to extend that provision to all similar cases-the Senator from West Virginia had a case up the other day-to all similar cases all over the United States, in disloyal as well as loyal States, wherever the proper officers took the property for the service of the Army and the vouchers were not executed. Now, instead of allowing those claims to be settled in the quartermaster and commissary departments, they are transferred above a certain amount-I am not sure about the amount -to the Court of Claims. That is all there

is of this bill. It was not intended to give

the Court of Claims a general jurisdiction in regard to cases where the proper vouchers exist and where by the existing laws these departments would have authority under the general law to settle the claim. It would involve another very serious question if you imposed upon the Court of Claims the passing upon all these accounts for transportation where there was a controversy about them. They could not do it. I think that would be too extensive a change. There would be an objection perhaps to it, that to take that general class of cases the court would have to have a great many clerks, and it would be impossible to do the business in the court.

Mr. GRIMES. This is a subject that I have no charge of. I did not know there was any such bill here. I know that great frauds have been constantly perpetrated growing out of transportation by water. I could state some most extraordinary cases that have occurred, some of which I understand are now under consideration and are being passed upon by a simple clerk in the quartermaster's department -cases of controversy between the Government and contractors, owners of vessels, and men who executed the charter-parties. If, however, the committee who have charge of the bill do not think it advisable to extend it so as to cover cases of that character, I am not going to insist upon it.

The amendment made as in Committee of the Whole was concurred in.

Mr. WILLIAMS. I hope that this bill will not be passed at this time. I did not anticipate that it would be brought up to-day, and I desire an opportunity to examine it. I am not satis

fied that such a bill as this ought to pass at this time; and I ask the Senator who has charge of the bill to postpone it and fix some definite time when it can be taken up and considered. I think it is a very important bill, and it needs examination and consideration before the Senate decide to pass it.

Mr. POLAND. I have no objection to the bill being laid over to some future day, if it can be an early day, and we can have a time fixed when we can take it up. It is a bill which, if passed at all, should be passed soon.

Mr. WILLIAMS. Say next Tuesday at one o'clock.

Mr. POLAND. That will be satisfactory to

me.

Mr. FESSENDEN. I desire to take up a little bill of which the Senator from Minnesota [Mr. RAMSEY] has charge, and which will give rise to no discussion.

The PRESIDENT pro tempore. The bill before the Senate is not yet disposed of. Does the Senator from Vermont make a motion in regard to it?

Mr. POMEROY. I move that its further consideration be postponed to and made the special order of the day for Tuesday next at one o'clock.

Mr. CLARK. Do not make it a special order.

Mr. FESSENDEN. Let it go over simply, without making it a special order. The Senator will get it up just as well.

Mr. POLAND. If Senators desire it, I have no objection to that course. Let it go over generally.

The PRESIDENT pro tempore. It is moved that the further consideration of this bill be postponed until Tuesday next. The motion was agreed to.

GEORGE HENRY PREBLE.

Mr. RAMSEY. I now move that the Sen. ate proceed to the consideration of the bill(S. No. 176) for the relief of George Henry Preble, a commander in the Navy of the United States.

The motion was agreed to; and the bill was read a second time and considered as in Committee of the Whole. It directs the proper accounting officers of the Treasury, in settling the accounts of George Henry Preble, a commander in the Navy of the United States, to allow him pay as a commander from the 16th if the order discharging him from the naval of July, 1862, in the same way and manner as

service had never been issued.

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

CONGREGATIONAL SOCIETY OF WASHINGTON. Mr. POMEROY. I move that the Senate proceed to the consideration of Senate bill No. 253. Mr. GRIMES. What is the title of it? Mr. POMEROY. "A bill to incorporate the Congregational Society of Washington."

The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill. It proposes to create Oliver O. Howard, Silas H. Hodges, Daniel L. Eaton, Henry A. Brewster, Charles H. Bliss, Ezra L. Stevens, Benjamin F. Morris, Daniel Tyler, Llewellyn Deane, S. C. Pomeroy, and Calvin S. Mattoon, and their associates, a body-politic and corporate by the name of the First Congregational Society of Washington, with all the powers incident to corporations and usually enjoyed by them, and such as are requisite to enable them to sustain religious worship in Washington, in the District of Columbia, and to erect and maintain edifices for that purpose, and parsonages; and the society are to be exempt from any taxes to be assessed upon their property, under the authority of Congress or of the District of Columbia or the city or county of Washington.

Mr. POMEROY. While I sympathize fully with the society, I move to strike out the name of "S. C. Pomeroy" from the list of corpora tors. I did not know that that name was in the bill.