XiIMEEth CONGRESS,-FIRST SESSION
LOLOBE OF YESTERDAY'S FSOPEEOLKOS•I
SENATE.—Mr. Sherman (Ohio) introduced
a bill to incorporate the National Telegraph
Company, which was referred to a Select
Committee of Five, and is as follows:
SECTION 1.. That George B. Senter, E. M.
M. Keyes, George B. Walter, Frederick
Prentice, Charles T. Sherman, Rush R.
Sloane, A. H. Markland, J. R. Jones, Henry
L. Burnett, Edwin Cram, Benjamin E.
Smith; Robert Squires,
E. S. Hainblin and
Jonathan S. Bull, and their associates and
successors, are hereby constituted and
created a body politic and corporate, by the
.name of the National Telegraph Company,
with the usual powers and privilegei inci
dent to corporations, and With-the right and
{ privilege to construct ana operate ,lines of
telegraph over any and all of the post routes
that are or may hereafter be established
- within the United States oniTeiritories.
SEC. 2. That the capital of the said - com
pany shall not exceed the sum often mil
lions of dollars, and such company shall
manage its business with such :`officers and,
such regulations as its 4iy-ltlwa may pre
scribe. '
~.SEC..3t That the various Executive De
partments of the Government may use' the
line. of Said company, at such rates and un
der such regulaticins the Postmaster
General Indy from time'to time prescribe.
SEC. 4. That Congress May any time alter ,
or amend this act.
The veto; being under discussion, Mr..
Johnson (Bid.) replied to Mr. TrUmbull's
address. Efe maintained that the exercise
of the veto'pcnVer of the President was per-.
fectly I proper in this cage,, and in others
which Mr. Trumbull thought 'were uncon
atitutional. In speaking of the Civil Rights
bill; he said
This bill, in its first section, makes all
who were .born in the United States at any
time, and who are now living, citizens of the
United States, andas such citizens, also, of
the States in which they may respectively
reside, and confers upon them all the rights
belonging to those who have heretofore been
considered citizens of the United States and
ofthe States in which they may reside.
Now, Mr. President, you are not to be told
that the only express authority conferred
upon the Congress of the United States in
relation to citizenship—that is to say, in re
lation to the power of converting one who is
not a citizen into a citizen—is the authority
_to, be, found in the delegation to Congress of
the power to pass uniform laws upon the
subject of naturalization.
There is not a single word in the Consti
tution which gives to this department of thee
government, or to any other department,
the power to declare who shall be a citizen,
and what is the effect of the exercise of that
power? What was the design of the power,
and what IS the operation of the power,wheu
it is executed. The design of the power is
to remove disabilities arising from the fact
of alienage, and nothing else. The opera
tion of the power is to place the party whose
disability arises from alienage, and is re
moved by virtue of the naturalization laws,
in the same condition with anybody else;
but whether he is to be considered as a citi-
zen of the 'United States by virtue of the re
moval of the disabilities consequent upon
his taking advantage of the naturalization
laws, presents an entirely different inquiry,
and perhaps ,I cannot make the view which
I shall otherwise present in my own lan-
guage more clearly to the country than by
reading an opinion in the Dred Scott case;
not that opinion pronounced by the majority
which has been so often, and, as I think, so
shamelessly perverted, to the disparage
ment not only of the majority of the Court
who sanctioned that opinion, but of the
very admirable lawyer by whom the opinion
was pronounced; but the opinion of Mr.
justice Curtis, in. which he differs from that
of the majority—an opinion marked by
learning to as great an extent as any opinion
ever pronounced by any judge of that or any
other tribunal.
The question which in that part of the
opinion he was discussing was whether
Dred Scott was a citizen, entitled to sue in
the Courts of the United States. A ma
lty of the Court decided that, in consequence
of the blood which was supposed to run in
big veins, by the plea that in the African
blood descended from his African ancestors
he'came to the United States a 'slave, he
could not become a citizen of the United
States. Mr, Justice Curtis held that the
Constitution of the United States assumed
that citizenship ;nay be acquired by na
tivity. That was the common law—that is,
the law of the civilized world—that he who
is born in a country, and not made a slave
„st the moment heis born by any municipal
regulations, becomes by virtue of his birth
a citizen, .but he by no means held that the
consequence of " his being a citizen of the
United States by virtue of his birth made
him a citizen of any State of the United
States. '
XoW, u it be true that whether birth is to
give citizenship of the United States depends
upon the fact whether the party born is, by
the laws of the State in which he, is born, 'a
citizen of that State, I should like to know
where is the authority to interfere over
what a State has done in the past, is doing
in the present, or may do in the future, or
how it can be accomplished under the Con
stitutional amendment, which I will notice
after a while. 'Now, the honorable member
from Illinois (Mr. Trumbull) disposes of the
President's objections to the first sections of
the bill by saying it is merely declaratory:
Well, I know it is not uncommon for a
legislative body, where differences of opin-'
ion exist it relation to any proposition, to
remove them by , declaratory legislation.
But that is not the purpose of this section:
It professes to be passed in the exercise of a
positive and absolute power to change the
not to declare what the law was—the
power to make as law. It assumes—or other
wise there.would be no occasion for, it—that
birth alone does not confer citizenship, and
assuming that no citizenship could exist in
consequence of birth alone, it declares that
birth alone, in spite of ' State ConstitutionS
• and State laws, shall confer. citizenship. •
Now, with all deference to the opinion . of
the honorable Chairman of the Committee
of the Judiciary (Mr. Trumbull), it seems.
to me to be a proposition .as clearly errone
ous as any proposition can be in relation to
the Constitution. The States were sovereign'
before the Constitution was adopted, and the
Constitution, not only according to its very
terms, does not - profess to confer upon the
Government of the United States any such
power, but, as far as Congress;is concerned;
professes only to confer on that department
of the Government a particular delegated
power; and so conscious were the framers of
that instrument and the great men of that
day to whom its subsequent perfection.was
left that they all went upon the theory that
no powers were conferred, except such' as
were expressly granted, as might reason
- ably be implied to carry out the powers ex-6
, • pressly granted--so anxious were they that,
• net. satisfied with relying upon a principle
that only delegated power belonged to Con
gress, they, by the tenth amendment to the .
COnstitution, declared that the powers not .
delegated hy the Constitution and not de•
miecilo.the States were to, be considered as
6 reservedt,o the States respectively, or to the
people.' -
Standing, therefore, as well nrim the na
, lure of the Government itself, as a Govern :
xnent.of enumerated powers specially _dela.:
gated; Atanding anon, the express praVisions
.that everything , not granted was to be icon-'
pideredas-remairring-within the States, no.
leis
_'6ll2e Copstitution . contained ' some par
' .lieular prohibition of any pcivOr, what doubt
rgin there bell:tat if thaStatespreSeried the
--ipower to' declarewho might be theircitizens
before the Constitutioa: , Wa. adopted, -that
that power remains now as applicable and
as exclusive as it was before the Constitu
tion was adopted; and , the bill, therefore,
-w • ,
proposes to change the hole theory of-the
Goyernment. The President, therefore; as I
think, is right in sitying, and I go -, further
than he does, he is right in expressing a
ddubt whether COngress has the right or
power, and I affirm, with all deference to
the better judgment of the Senators who
voted for this bill, and the honorable chair
man of the Judiciary Committee, that it is
perfectly clear that no such powerexists as
is attempted to be exercised by the first sec
tion.
I hold with Mr. Justice Curtis, and his
opinion - has never been questioned, - that
citizenship of the United States consequent
upon birth in a State is to depend upon the
fact whether the Constitution and laws of
the State make the party so born, a citizen
Of the State. Now, what is the next section
or what is the remaining provision of the
first Section? Not satisfied with - declaring,
or assuming that they had the power to de
clare that all persons not subjects of any
foreign power born in the United States,and
laving the right of such persons to depend
upon the fact of their being citizens, the bill
goes on to provide,What right shall belong
NoW, what is that for? ,IS that
declaratory to citizenship, which, says the
Hon. member (Mr. Trumbull). carries with
_it certain rights? What rights?, He read to
the Senate from the first of Kent, page 46, a
_ passage which, he will pardon me for' say
ing; has nothing itt the world to, do with the
particular question before 'us. -
The passage which he read merely'stated
thath every nation was bound to Protect its
own citizens. Why, certainly it is, if it has
the power.. The Government of the United
States has the .authority and is bound to
protest the rights of any citizens of the
United States invaded by any other nation.
Why? Because the States have no jurisdic
tion extra territorial—because with refer
ence to foreign nations the State.s have no
place at all. That relation subsists, and can
only subsist, as between the foreign nations
and the General Government, and be
cause `that resolution can only in that
way subsist, It, is the duty of the United
States, as it is the duty of every nation. to
protect its own citizens. But how is that
made to prove that a citizen of the United
States who is entitled to the same .pro
tection of the Government of the United
States is to be considered a citizen of any
one State?
What are these rights? The bill converts
him into a citizen.,by virtue of his birth,
which I haveendevored to show the Senate
could not'be done unless the constitution
of the State where he is born made hiva a
citizen of that State; and it goes on further,
and says that such citizens, that is, citizens
by force of this Congressional legislation, of
every race and cdlor i
without regard to
previous condition of slavery, etc., shall
have the same rights in every State and
territory, to make and enforce contracts,
to sue, be parties and give evidence, to in
herit, purchase, sell, hold and convey real
and personal property, and to the full and
equal benefit of all laws and proceedings
for, the se6urity of persons and property as
is enjoyed by white persons. Now, Mr.
President, if there be anything that might
be considered as true, that was true in the
past, in the Constitution and laws, it was
that over every one of these rights, or to
speak more correctly, over every one of the
subjects to which these rights are made to
attach, the jurisdiction of the States were
exclusive.
The honorable member from Illinois (Mr.
Trumbull) seems to forget, as I think, what
is the real character of our Government and
our institution. This bill, in my opinion,
strikes at all the reserved rights of the
States. You may look in the statute books
and I am sure the honorable member from
Illinois will agree that such is the fact. You
may look in the statute books of the United
States in vain for the purpose of finding that
any time from 1792 up to the breaking out
of this rebellion, anybody ever proposed in
Congress by legislation, to regulate, by
securing or otherwise, the rights which are
referred to in this section.,
After dwelling farther on this section,
Mr. Johrison passed to the provisions of the
bill which define the punishment for the
enforcement of distinctions ,on account of
color ? by State Judges and others. It would
abolish all State laws, he said; . and what is
the case in which this clause Jurisdiction is
vested in the Courts of. the United States.
Of all cases, civil or criminal, affecting per
sons who are denied their rights in a State
Court, and any such person against whom a
suit may be brought for any cause what
ever, may appeal to the t-
United States
Courts. Any of these agents or sub-agents,
for there are hosts of them provided for by
the bill; who way kill a freedman who is
endeavoring to protect what he considers
his rights, is not to be tried in a State Court,
but in a United States Court. Here the bill
goes upon the theory that there is but one
Government. Murder, robbery, and many--
other offences which no one ever dreamed of
trying in any but a State Court, are to be
transferred to the United ~ State Courts.
The honorable member refers to the act of
I;9o,whieh has nothing at all to do with this.
the punishment provided for by that act
related to suits and offences against the
foreign ministers who were accredited to
the Government, and an oftbnce against
them was an offence against the Government.
That law was based upon the same princi
ple as we 'provide for the punishment of
those who utter false coins, drc. It is inci
dental entirely. It is a part of the law of
nations, and not derived from any mun;-
cipal power whatever. My honorable
friend asks whose fault is it that eleven
States are not represented here? He cer
tainly does not ask this in an ad captandum
style, as he animadverted upon that as re
ferring to the, pPresident. He says their
bands are reeking with the blood of our
fathers. What have they done? They haire
abolished slavery. Some of them have even
gone further than the honorable member
himself, and though some of them have'
fought on the field of battle, they can take
that bath as conscientiously as the bonora
ble member or myself. Congressional le
gislation is necessary, it is said. Well, they
'applied here in' the month of Decemberand
it is now April, and it may be until'Jnly or
December. As xumorhas it—they are dis
loyal. • -
I can go into the State of the honorable
member himself and find hundreds of men
just as disloyal as;any in those States—that
is disloyal in the modern acceptation of the
term. A. short time ago it was disloyal to
oppose the President; now it is disloyal 'to
support hid:4 It is only: loyal to uphold
Congress. • , , •
The Supreme Court has 'recognized th‘se '
States as being in the Union. It has for
'weeks being trying cases from' them', It is
apprehended that mischief will rehnit, if
they 'axe admitted here. Mischief of what
kind—of 'a, party character? That is:the
only mischief that I am awaxe of that Can
result._ , I
What is the occasion of this fire? Does
any one suppose that the rights of the black
man are not as safe in these Slates,as in any
in the loyal States. Go into Missouri, the
State of nay - friend on my right (Mr; Hen
derson): What do you find there? That
men cannot pray in public without taking
an oath; where ministers are• taken out of
the pulpit. Certainly that is an'invasion of
jarivate-rights; and I invite my friend i to
drafta bill to protect. the citizens of Mis
souri... - Murder and robberies—brutal,
'atrociOus-•and unheard of—are constantly
•
occurring in the loyal States of the East, but
my friend does not think it necessary to in;
terfere with the authority'of Congresa thu i re.
I have but one word 'More, Mr.-Preaident.
My•friend.adverts in rather severe terms to
the President. , The Piesident'states thati
his opinion thelaill is unconstitutional, and;
thinking:so, itWas his duty to interpose his
objections. • Ilhe bad not done-so he•would
have been false to his plighted faith. • As to
any suspicion of disloyalty against him, his
whole political course disproves that. In
ETU DAILY;
18617 was here, but note Member of e
Senate, 'and I heard Mid, standing' in; the
midst of those who were;plotting to destroy
the. Union, in words that' blurted, 01.enounce
- their attempts at rebellion.
After a colloquy between Mr. •'Johnson
and several senators,
Mr. Cowan said as it seemed no arrange
ment, could be rnade,he 'proposed to say a
few words."He looked ' upon - - the 'qffestion
as a purely legal one. This bill was a very
dangerous one, but it could not effect all the
purposes which itsi•friend.s desired._The
- rights . con ferred hy .the- first section f• the
bill are without reservation or restriction
whatever. It does not cerlfer rights as upon
white citizens, but confers them absolutely,
They have the right to -make and enforce
contracts. In some of the States a married
Woman has not the right.to make a contract
and in all of them her rights are • limited:
'Now I ask Senators who have the care of
States, whether they-wish to put it in the
power of the district courts to set aside all
State laws in regard to contracts. -
The bill confers upon married, women.
upon minors, upon lunatics, upon any one
born here, the right to make contracts, and
there is no power in the State Courts to pro,.
'hibit it ilhe power granted is absolute.
• Nov irknany of the States certain - contracts
are prohibited; some for reasons of:policy,
`some for reasons of morality, and for dif
ferent reasons. ' In my State (Pennsylvania)
h 'contract made on the Sabbath day is not
valid, but 'this bill stepS in and enforces it
Now, Mr. President, I 'wish to show the
artistic' manner in which hills "are drawn
up and rushed through here. 'lt is eriongh,
in this nineteenth century, to make a mad
.tremble for the fate of constitutional Go
vernments. Tmuch fear that some United
States -Judge,' actuated' by avarice; parti,
feeling, or other motives; may 'draw in and
monopolize all .the 'business 'of the State
Courts. WhoeVer heard of citizens of the
States going into the United Stites Courts
to -settle their differences when the State
Courts were open to them?' If 1 have a con
troversy with my 'friend from Maryland
(Mr. Johnson) I do not go into - a United
States Court, but I take him per hoc rice into
the Stateof Pennsylvania.
The great powers conferred by the bill
were described by Mr. Cowan. It tended
to centralization, and would inevitably pro
duce a conflict between the State and Na
tional Government; No one could tell
where it would stop. Let no one delude him
self, that in revolutionary times it would
stop at any point. If this was intended as a
remedy for the wrongs of the emancipated
African,
it was noretnedy at all; and to hold
it up to the world as such was a delusion
and a snare. They were to go into the State
Courts, and if they did not get justice they
were to go to the District Courts. We all
know that these poor Africans are not likely
to have any cases over the value of 00 or
$lOO, and by the time they get through with
litigation and lawyers' fees, how much of it
will be left? Some say, "But the State Judge
who denies him his rights will be indicted
and punished." Does that do the African any
good? Mr. President, sueh a law cannot be
enforced. It is not suited to our machinery
of Government. Whoever heard of punish
ing a State Judge for deciding against the
constitutionality of a law of the United
States?
Mr. President, the Senator from Illinois
charged the President with inconsistencies,
and read from former speeches of the Exec
utive. It is -well, Mr. President, to know
that.to excite laughter is not the depth of
reason. No one argument in the mes
sage has been answered. There it stands,
calm, cool, and' collected, and will remain
unanswerable.
Mr. Wade (Ohio) opposed any postpone
ment. If this was an ordinary, question he
would have 'no objection. It was a matter
of the authority of Congress. The President
had no right to veto their acts, and assum
ing to do so he was, playing the part of a
dictator. So far from its being any reason
because members were sick who desired to
uphold 'the.' despotic asstimptions of the
President that a postponement should be
agreed to, he (Mr. Wade) was for 'taking
every advantage which the Almighty ha
put into - our hands. The President had
_picked this, quarrel with Congress, and for
the sole reason he wanted the rebels back
here occupying their' seats. If he (Mr:
Wade) did not oppose this usurriation, and
take every, advantage which the Almighty
offered, he would be censured by the people
whose representative he WaS. He was will
ing to sit here - all night and all to-morrow,
if necessary. •
Mr. McDougall said the Senator was very
'fond of talking about his God and appealing
to bim. Who and what was his God? In the
old Persian mythology there were two Gods
one of love and beauty, and one of dark
ness: The deVils of the God of darkness
would not ,
plant 'a tree or dig a well, and
that was their offering to their God. This
was the God of the Senator frOrn,Ohio (Mr.
Made); but when he came to approach the
:crystal gate he would And that his god
would not help him much. It is strange
that when two Senators are here in the city
of Washington, and will be able to appear
here on the day succeeding this'and vote on
great question, that a Senator, who should
'be a gentleman to be a Senator, should rise
in his seat and thank' his God that he had
bfflicted them. Such a piece of declamation
was. unworthy of an honorable Senator, ana
merited rebuke.
Mr. Guthrie said be did not wish to inter
pose betweeni the Senator from Ohio and
his constituents; but there were no people
he would ',Sooner appeal on such a subject
th a w the peoplS of Ohio. ' He (Mr. 'Guthrie)
had been a Upton man from the beginning;
he'liad advocated the Union his place in
Congress and:he has advocated ikbefore the
people, and hewas not to be drivenfrom his
position i?y-the.cry of one=man power. He
bud seen more of the one-man power in
thi s Senate, than anywhere els4arid i thought
't 'ere *Sal:rake danger 'to be app
rn rehended
therliberties - of the
,country frbm'a co
' bined.Nngieo than trout the Piiasident.,
'Be would not • like it to go but•tO the
cotintry that the Senator-from- (Mr:
Stockton) had been deprived o£ his seat be=
cause his vote was wanted, or that a
measure was pressed to a vote to take ad
vantage of the absence of members.
EVENING BULLETIN; PHILADELPHIA, FRIDAY, 4PRIL' 6; 1866.
In the free blaze of the nineteenth century
it is proposed to substitute an indictment
for a writ of error. Mr. President, the
slavery amendment must be of a most pa
tent character when it elevates a negro to
the same position as an ambassador extra
ordinary from Great Britain or from all the
Russias. I have no other word for this bill
than an atrocity. It is an atrocity, and it
will be stigmatized and handed down to the
last generations if we pass it. As to the
power to pass the bill, nothing that has been
said here is worthy of the least attention
from any sane man.
There was certainly nothing in the old
Constitution to warrant it. It. was claimed
that the power came from the. amendment
abolishing slavery, and yet under it we as
sume to legislate for all the free negroes and
mulattoes. There were nearly half a million
free negroes at the time that amendment
was adopted, and under this amendment
abolishing slavery it was attempted to legis
late for this immense number of people.
This of itself muse a sufficient objection
to the constitutionality of the bill, if there
were no other.. Mr. President, I have an
other objection to this bill, It establishes the
officers of public prosecutors, who are to be
appointed by this President, and paid out of
the people's money for acting as spie
against them. What is the character of this
offices? He is so. nearly allied to a thief that
it is difficuft to distinguish between them.
There is scarcely an attorney in the Unitel
States who would be guilty of acting as a
spy and informer to bring business to him
self.
Mr. Stewart (Nevada) said he had
voted for this bill, and he intended to do so
again.
some fnrthe'r diSonssien Nrr. Hen
dricke moved to adlourn.
Mr. 'Wade demanded the yeas and nays
on the motion.
..The call, being °sustained,- ;Tanned is
follows: ‘,
Yeses—Messrs, Anthony, Brown, Buckalew, Clark, F
Cowan, Cragin, Davis, Doolittle, Edmonds, esert
den, Foster, Grimes, Guthrie, Harris„Henderson, Hen
dricks, Howe. Johnson, Lane (Kansas), McDougall,
Morgan, Merrill, Etesruitb,'Nortorr; Biddle. 'Saulsbury,
Shermam'Sprague; Trumbull, Van Winkle, Willey
and Williams-84.
Ireve.iMessrs. Chandler. Conness, Cresswell, How
ard, Lane (Ind.), Nye, Poland,' Pomeroy, Ramsey,
Ste Wart, Wade and_lrates,l2.
Solhe Senate adjourned. - - .
• HOUSE.—Mr.l.A..shley (Ohio) introduced a
bill to aid in the construction of a railroad
and telegraph line from Great Salt Lake
City. to - the Colorado river. Read twice
and referred to the Committed on Public
Lands.
The regular order of business being the
call of committees •for reports, commenc- :
ing with the Committee on. Military Affairs,
Mr. Schenck, from that. committee, re-a
ported hack the memorial reiative to 'thid
Natidnal Guard of the State bf New York
as affected by act of Congress. Referred td
the Committee on the Militia. • . • ,
Also, the memorial of the - Minnesota
Legislature in, reference to the, establish
ment of military posts, and asking the rel
imbursernent - to soldiers - of money taken
freidthern by the rebels' in the- latewar.,
The 'Committee was , discharged -from the
- futtber.consicleration of the subject.
Also, Memorials for compensation for
damages to . churches, ezc., by the Union
army in West' Virginia. Laid on the table.
-Also, a resolution in reference to:making
appropriations to complete the work of dis
interring and gathering intonational ceme
teries the bediea of Federal soldiers who
died in the war. - Referredlo the Committee
on Appropriations. • • '
Also, the Senate bill to grant the right of
way to the 'Cascade Railroad Company;
through, a military reservation in Washing
ton territory, with an amendment in the
shape of a proviso that the act Should not
be construed as giving - the company ' the
right to occupy more than sixty feet in
- width, on the line of the road at any point
where the space between the river and bluff
is so narrow as not to admit of the construc
tion of another parallel railroad, turnpike,
road; canal, or other public work.
The amendment was agreed to, and the
bill, as amended, passed.
He also reported a bill construing section
four of the Army Appropriation bill of
March 3, 1565, so es to entitle to the three
months' pay proper provided for therein,
all officers of volunteers below the rank of
brigadier general, who were in service con
tinuously, either as enlisted men or as com
missioned officers at least two years prior
to April 19th, 1565, whose resignations were
presented and accepted, or who were mus
tered out at their own request, or otherwise
honorably discharged from the service after
that date.
Mr. Schenck (Ohio) explained the object
of the bill, and the debate upon it was par
ticipated in by Messrs. Kasson and Farns
worth.
Mr. Farnsworth (Ill.) remarked that in
contemplation of common sense the war
ended with the cessation of all organized
hostility to the United States but the hon.-
orable men who then resigned were cutoff
by the War Department from the three
months' pay. which was given to the lazy
drones who hung around, and would not
resign until they were mustered out. '
Mr. Cook (EL) called attention to the fact
that the President's recent proclamation of
peace did not include Texas.
Some members suggested that it also
omitted the District of Wumbia. [Laugh
ter.] •
Mr. Stevens (Pa.) remarked that, as he
understood the proclamation. the war had
only ceased ten-elevenths, and one-eleventh
of the war remained.
Mr. Farnsworth (111.) thought that, even
if it were so, those officers should have ten
elevenths of f their three months' pay.
The bill was amended by striking out the
words "either as enlisted men or commis
sioned officers at least two years," &c., and
making it read-" who were in service on
the 3d of March, 1865." The bill was then
passed.
• Mr. Schenck also reported a joint resolu
tion giving construction to the law in rela
tion to bounties payable to soldiers dis
charged for wounds. It provides that the
law shall bo construed sons to apply to any
enlisted man or other person entitled to
bounty who hasbeen or may be discharged by
reason of a wound received while actually
in service under military orders, not at the
time 'on furlough or leave of absence, nor
engaged in any unlawful or unauthorizel
act or pursuit. The joint resolution was
passed.
Mr. Stevens made a report from the Con
ference Committee on the Deficiency bill,
which was agreed to. The only matter of
public interest in it is that in reference to
the engraving of the face of the Superin
tendent of Currency Printing an the five
cent currency stamps. The Committee
agreed upon the 'following proviso: Pro
vided no portrait or likeness of any living
person hereafter engraved shall be placed
on any of the bonds, securities, notes or
fractional or postal currency of the United
Stat4s.
Mr. Thayer (Pa.) asked whether that pro
viso was agreed upon so as to avoid the ex
pense of having new plates engraved ?
Mr. Stevens replied that if there was to
be but one plate, engraved, the Conference
committee would probably have agreed to
that; but the engraving of new plates for
all the fractional currency would cost
00,000 and require a delay of three months.
Mr. Thayer thought the action of the com
mittee entirely proper under the circum
stances. lie wished the country to un
derstand the reason of the modification.
Agreed to. .
Mr. Wilson (Iowa) asked leave to offer the
following
Whereas,. the President of ; the' United
States did, on the 3d day of May, 1865, by
proclamation, declare and make known
that it did then appear from evidence ,in
the Bureau of Military Justice,' that the
atrocious murder of, the late' President,
Abraham Lincoln, and the attempted
assassination of Hon. Wm. H. Seward, Sec
retary of State, was incited, concerted and
procured by and between. Jefferson -Davis,
late -of Richmond, Virginia, and Jaoob
Thompson, Clement C. Clay, Beverly
Tucker, George N. Sanders,Nm. C. Cleary,
and other rebels and traitors to the govern
ment of the United States;
And mhereas, Said Jefferson Davis, in
.laid month .of May, was arrested ,:by the
military , forces of the; nited States, and has
since been bold in the custody„ thereof,
under the authority of the President' of the.
United States; therefore, be it • ,
...Resolved, That the Committee on the Ju
diciary be- instructed to inquire whether
there is probable cause to believe that any.
of the persons named in said proclamation
are guilty as alleged, and; if so, whether
any legislation is necessary in order- to
bring such persons to a speedy and impar
tial trial, and that' said committee have
power to send for persons axd papers.
And be it further resolved, That the said
Committee be in like manner empowered to
inquire whether there is probable cause to
believe that saidpersons, or any of: thene,
are guilty of treason against the United
•States, and whether any legislation is ne'-
cessary in order to bring such persons to a
speedy and impartial trial in the, district
where such crime may' have , - been. cote
milted. • • - • •• - • •
Mr. Ancona (Pa.) objected to the resoln
tions being . offered.... I -
Mr. Moorhead (Pa.) asked leave, to intro
duee ajoint.resolution to increase tempora
rily the &titles on imports fiftyper cent.
Mr. Rose (Ill.) objected.
•The House then resumed the considera
tion of the contested election case of Dodge
•
against Brooks,_from'"4 the: Eighth Congres
sional district of New York.
Mr. Shellabarger (Ohio) made an arga
me4t, in which he maintained that the evi
dence was in favor` of the contestant. and
that the contestant was entitled to the seat.
Mr. Paine (Wis.) a member of the Corn
mittee on Elections, raised the question par
ticularly in reference to the informal regis
try of Maokerelville.:
He regarded the Whole question as hing
ing on that; he held that the registry was
worthless, but did not think that decisive of
the invalidity of the votes 'cast in the dis
trict. It still devolved on the contestant to
show that there were illegal votes cast there
for the sitting member. He had not done so.
- If the returns of that district were note et
aside, Mr. Brooks would retain his seat.
He (Mr. Paine) should vote for his retain
ing it, He:gave "notice that if he got an
opportunityl he would offer the following
resolutions:
Besolvid, That the invelidity of the regis
try of the Fifteenth Election District of the
Eighteenth Ward of the city of New York
would not of itself justify the rejection of
the official returns of the canvassers of that
district. •
Rdsolved, That this ease be recommitted
to the Committee of. Elections. to report
upon supplementary proof, to be made as
,provided in the next resolution. ,
Resolved, That • either party be author
ized to lake supplementary testimony be
fore the 10th of May next, complying with
the statutory regulations applicable, to the
case, provided that five days notice of any
proposed examination of witnesses shall be
sufficient. •
Mr. Garfield (Ohio) said that, as those`
resolutions covered the ground which he
sought -to, cover in the resolution offered
by him yesterday, he would accept them
instead of his own.
Mr. Spaulding (Ohio) next addressed the
House. He was entirely satisfied that the
election was wholly irregular, and that nu
merous frauds were practised on both, sides,
but they bad no right to reject, the sitting
member in consequence of irregularity in
the returns of two districts which had given
him large majorities, and to admit' the re
_turns of precincts which had - given large
majorities for the contestant, and where
similar objections applied.
He believed that the House could only
do justice here by sending the matter back
to the people of the district, to elect a mem
ber in conformity with the laws. That
would give the people of New York no right
to complain, and would satisfy the dictates
of the conscience of members.
Mr. Brooks (N. Y.) next addressed the
House, declaring that he strove not so much
for the honor of the seat as to vindicate the
right of two hundred thousand people, in
one:of the largest representative districts of
the United States, in the choice of their own
representative. That district was the weltiai
est in the United States, only approached by
one of the Boston District.
He was sorry to say that the wealth and
property of the District located in Fifth Av
enue and surrounding districts gave its sup
port generally to the contestant, but in Lue
river districts, where the hard-fisted, honest,
industrious mechanics live, large majorities
were given for him (Mr. Brooks). He had
not supposed that the contestant, enjoying a
recorded income of 3384,415, and a real in
come•of $500,000 a year, would have been
content with the declared and certified re
sult of a fair election, and not have en
deavored to have the will of the people set
aside.
He analyzed the testimony by which the
case of the contestant was sought to be made
out, and showed it to be entirely unworthy
of credit. Having spoken far over an hour,
Mr. Brooks yielded the floor, with the under
standing that he should conclude his argu
ment to-morrow.
On motion of Mr. Wilson t Iowa), the Sen
ate bills to previde for reoorts of he decis
ions of the Supreme Court of the United
Stati, to define more clearly the jurisdic
tioniand powers of the Supreme Court of
the District of Columbia to reorganize the
judiciary of the United States, a nd*to pre.
scribe the mode of settling the accounts of
the Clerk of the Supreme Court of the Dis
trict of Cclumbia, were taken from the
Speaker's table. read thice, and referred to
the Committee on the Judiciarv.
On motion of Mr. Rice (Mass.) the Senate
joint resolution to empower Rear Admiral
* Paulding to accept a decoration from the
King of Italy, and the Senate bill to estab
lish a hydrographic office in the Navy De
partment, were taken from the Speaker's
table, read twice, and referred the former to
the Committee on Foreign Affairs, and the
latter to the Committee on Naval Affairs.
Mr. Bundy (Ohio), by unanimous consent,
offered a resolution reciting that claim
agents in the city of Washington.professing
to havespecial facilities for the collection of
soldiers' claims, had in their possession or
under their controls large number of claims
belonging to soldiers and sailors, and that
some of them had collected claims and re
fused to pay the same to the rightful owners;
and instructing the Committee on the Judi
ciary to report a bill more effectually to
protect the soldiers and sailors from being
cheated in such manner, by providing that
all defaulting agents and attorneys shall be
declared guilty of embezzlement, and shall
be punished in the same manner as is pro
vided for the punishment of embezzlement
and grand larceny.
Mr. Farnsworth (Ill.) desired in that con
nection to say that he was in the receipt of
numerous letters from soldiers in Illinois,
stating that claim agents in Washington
were writing letters promising them fabu
lous sums in bounty and land warrants.
Some of his correspondents wanted to know
whether he would not get these bounties
and land warrants for them. These claim
agents were .sending circulars all over the
country,in anticipation of a law of Congress,
granting land warrants to soldiers or of a
law equalizing bounties. He desired to
give notice to soldiers all over the country,
and be hoped the Associated Press reporters
would enable him - to do so, that these claim
agents at Washington were a set of infernal
rascals and cheats, and were not to be
trusted. • ,
A member—" Not all of them."
Mr.Farnsworth(llL)—l would not say all.
' The Speaker also desired to state that a
`claim agent, named George S. Lemon, had
asked authority ;to , refer to hini, which
authorityhe haddiositively refused to give,
but that, notwithstanding, circulars had
been sent all;over the country by that agent
naming the Speaker of the House as one of:
his references. He was now daily answer,
ing letters of inquiry from soldiers in rela
tion to that agent, stating that he had never
given, authority-to refer to hiin.
•-• (Iowa) stated that the same
agent referred to him without ever asking
or receiving authority to do so.
-Mr l Morrill (Me.) stated that one of ;his
constituents having inquired ofhim whether
:there was such a ciaim agent in Washington`
he bad- made inquiries, and could find no
alich person, .buthe had; found a person of
that name recorded in the Pension Bureau
' EtEI a licensed claim agent. `
The-resolution was unanimously ageed to,
On motion of Mi. ;Ingersoll (MO several
Senate bills', affecting the District of Colum
bia, were taken; from the Speaker's table;
read twice, and-'teferred to; the Committee
ibr the District. , ; ,
"Ori ' , motionl of Mr. , Banks (Mass.) ,the
.Senate hill to authorize the President of the
United Statearto transfer a gunboat to the
-government of the republic of Liberia was
taken from the',Speaker's table, .read twice,
and referred to the committee .on Foreign
Mr. Steven§ (Pa.)Troin: the .Committee on
Ainrepriatiens, reported ;,hitok." the ,Senafe
amendments to. the Naval Appropriation.
'bill, ar d'tlie House Pit:aided. to consider
them.
The House concurred in the Senate
amendment providing that the carpets and
furniture to be purchased under the act
shall be of domestic manufacture.: In the
amendment making the pay of the clerk of
the yard and first clerk' to Naval Store
keeper at the Navy Yards at Portsmouth,
New Hampshire., and Philadelphia, $1,200.
per annum, and appropriating $7,000 for the
construction of a' levee:at Mound City, Illi
nois, with an amendment, reported by the
committee, appropriating $5,000 for the nur-•
pue of testing the use of petroleum.as
fuel under marine boilers: -In the amend
ment in reference to Seavy's Island, at
Portsmouth (N. H.) Navy Yard,instructing
the Secretary of the Navy, in case the
owners of property there do not sell it to the
government at the price named, to discon
tinue the • public use of the bridge and
thoroughfare leading from the island to the
Nervy Yard: In the amendment for the•
purchase of the government house and
grounds at Annapolis, and to the purchase
of other grounds,
and erection of buildings•
for . the use of the Naval Academy there,
and in the Senate amendment adding ast
new : sections a section repealing all acts au
thorizing the appointment of navy agents,
amended by prohibiting any allowance to
naval oilicers.for rent of quarters, furniture,
'lights, fuel or transporting baggage; a sec
tion declaring that examinations for ad
mission to the Naval Academy shall be held
,at such stated times as the Secretary of the
Navy may direct; a section abolishing 'the.
office of assistant in the Bureau of Ord
pence, amended by adding the words "If"
approved by the Secretary of the Navy;" a
section declaring that hereafter no vacancy
in the grade of Professor of Mathematics in.
the Navy shall be filled; a section directing
the resumption of surveys and rec,ormois
sauces ,in the Pacific Ocean; and a section
auttiorizing.the transfer of a fund from the•
appropriation for the pay of the navy to the•
appropriation for contingent expenses.
The committee also recommended as an
amendment to the last amendment of the ,
Senate the following, as .a new section: The
House refused to concur 'with the Senate in
the amendment appropriating $135,000 for
the purchase of Oakman Eddridge's wharf
at the Boston Navy Yard; in the amend
ment appropriating $200,000 for the Quay
v. all extension and the new machine and
boiler house at the New York Navy Yard;
in the amendment appropriating $91,000 for
the shin joiner's shop, timber shed and
storehouse at the Norfolk Navy Yard; in
the amendment increasing the appropria
tion for the Pensacola Navy Yard from
.$20,000 to $50,000, and in the amendment re
ducing the appropriation for publishing the
American National Almanac from $25,000
to $15.000.
A Committee of Conference on the dis
agreeing vote of the two houses was ap
pointed, and then, at five o'clock, the Houe
aajourned.
r.olW
Rosewcod, Chamber and Pirlor
Suites, at
G-eo. J. Ilenitels',
Thirteenth and Chestnut Streets,
Formerly 809 and 811 Chestnus street.
_rcb2C-m w its:.
FURNITURE.
GOULD & CO.'S
eel( brated Furniture Establisbment is removal from
Second and Race streets to the splendid NEW DEPOT,
No. 37 and 39 N. Second street,
(OPposite Christ Church.)
Where they purpose Belling for one year, Rt./Ethel:M
ee:St.
Elegant Furniture at Fabulously Low
Prices.
Also at their Ninth and Market Streets Branch,
where they are selling equally low, being about to en,
large the preraiSes.
GOULD & CO.'S FURNITURE DEPOTS.
Nos. sz and SS N. SECOND St : net, and
Corner NINTH and MARKET.
Walnut Chamber and Parlor SaLes-,
Either Polished or Oiled at
GEO, J. HENKELS',
Thirteenth and Chestnut Streets,
Former v StS and 811 Chestnnt street. ratt7.6- m mfr
HOUSEKE E P E R S.
I have a large stock of every variety of Furniture
which I will sell at reduced prices. consisting of
pr..371c AND :nrATIRLE-TOP COTTAGE SUITS.
WALNUT CHAMBER SUITS.
PARLOR SUIm Tht VELVET PLUSH.
. PARLOR SUITS IN HAIR CLOTH.
PARLOR SUITS MT REPS.
Sideboards, 'Xitension Tables, Wardrobes: 'Rook—
cases, V.attrasea, Lounges, Cane and Wocxlseaii -
Chairs, Bedsteads and Tables of every description.
P. P. GIISTTNE,
inhaan N. E. C'orner Second and Race streets.
ISPRING 3,IATREt 8.
BEST QUALITY AND STYLE.
AND 11 V 1 11)11 , 70 OF EVERY DESOitIPTION.
J. G. FULLER.,
mhl7.3m 9 South SEVENTH Street.
31CE641101131.11ti kth.
GiaR,JE.F i N
er-reen Corn,
Fresh _Peaches ' ,
Fresh Tomatoes, Plums, dm
ALBERT C. ROBERTS,
DEA TMR, IN FINE, GROCERIM,
Corner Eleventh and Vine Streets.
JAPANESE PO WO HON Ti
the finest ever imported.
OOLONG TEA, DRAGON CHOP.
OLD GOVERNNFINT JAVA COFFEE.
FOB SALE BY
JAMES R. WEBB.
Santa WALNUT and EIGHTH Streets.
AIN ~,t,ll —auu gallons of t• e finest.
Queen Olives ever imported in store and for salfir ,
at MUSTY'S East End Grocery No. 118 South Second'
street.
110 ENV BONELESS SARDINP, Anchovies. Capers,.
J. Dutch' Herring: all of superior quality, at COGS
TY'S East End Grocery, No: liS South Second street,
OL i FASHION SUGAR Hous4afoLa39ns; also„
Prime West India :Roney, always to be Itad at
COIT,TY'S East End, Grecery, No. 118 South Seem:all
TiTINSIOW'S . SUPERIOR GREEN CORN, 40:cts ,
• Y Per Can, C4atuplon Green Peas. at,;4o cents per
imb; To ma to es ' 25 ce nts ; a n warranted: . at COURT Y'S-
East End Grocery, No. 118 South second stre%. nahlAk
NEN7,FRUITS.—Princess Paper-ettell • and. Lisbon.
lrnonds;_ splendid London Layer , Ratli ne, whole, half and grunter boxes. choice .Eleme Ln,
small drams, in store and fbr sale by f - ,y'rx.
'Tea Dealer and Grocer. N. W.corner Arch and Eighth..
5
Ong I Ca PIS FithI3.IIPFACH2ES,TOm,A,ToEs o
tiva/P. Green Corn. Peas, warranted to give.
satisfaction. For sale by If. F. 13FLLUX.ii, I‘,Vir• cor
Arch and Taghtti streets. •
tda.l3.l3.lrab chOlce large - Macke-
E in kitts. Also new. Weed and Pickled &d
-amn. For sale by Id .R. SPILLusT it W . on. Azar,
tgER.P.I.If2.-TW3 barrela Jersey cultivated. Oran ,
rlee In atdre and for sale by M.- F. SPILLS:DT
F. W. con. Arch apd Elam). strewsw,
LOsl. AND FOUND.
QST-On YesterdaY rAfterneon or livening, Otter
L Diamond OlusterEAß RI a and Oae Cluster Dia
tomic" 01 RD; One Single Stone STOP . The f vain&
will be pai d the finder by returning the SAME. to this
SORGHUM—Chinese Bazar Quo, handsome
article. lbr sale by JOS. B. BB dr. CO.. int
South Delaware avenue.