Co • : ,
erA OF YESTERDAY'S PROOMIDiN
,
SENATE.—The bill to authorize' the con
struction of a bridge across the , Mississippi,
at Quincy, 111., was resumed. ••, c • • -
Mr: - Henderson offered 'an amendment,
whibli was adopted, authorizing the con
struellon of a bridge at Hannibal, Mo.
The bill, as amended, was thenpa.ssed.
, The -bill making appropriations for the
surifiert of the Post. Office Department for
the ensuing year was called Up- • -
Mr. Trumbull (Ill.) offered the following
as anamendment to the bill : "No person
exercising or performing the duties of any
.` ' .., officials which by law isrequired to be filled
— by the advice and consent of the Senate
ball,-before confirmation by the Senate, re
caiv& any salary or compensation • for his
leatvices, unless he be commissioned by the
Rfeardent to fill up a vacancy •which has
drnin a y io the recess of the Senate , and since its
bet ' urnment,happened by death, resig-
Matt= or expiration of the term. • - -
• Mr. Johnson (Md.) opposcidthe - above as
en infringement upon the appointingpower
Of tin) President. ,
Mr. Trumbull did not think the right of
, the power of removing from office was un
derstood in his amendment. According-to
a statute of 1883, it was competent for Con
gress to provide that officers appointed by
and with the advice' and consent of the Sen
ate should be removed only by and with the
adviiinand consent Of the. Senate: - This was
provided hi the law creating the office of
ComPlatller of Currency; The President 4
said ,Mr. Trumbull, haft no authority over
the Treasut :Cif ' the country. ,. He cannot
dravf his own salary without the consent of.
Congress. There is, therefore no constitu
tional question involved in this. ' The inten
tion of , the amendment is , to prevent any
one being put out of office, and another put
in his place so as tb receive his pay, and if
the President thinks proper to undertake to
remove officers, the successor shall receive
no pay,-if this provision becomes a law, un
til he is confirmed. by the Senate.
'7. ; Mr. Johnson said that, admitting the
' „power, of Congress to refuse to pay an officer,
timaa questionable whether there was any
• antral right to do so. The precedent about
tube established might be a bad one, and
sight return to plague the inventor. It
. •rnAght happen that those now in the minori
tit/ Should obtain a majority In COngress,
while the other party had a President elect
' . ed. Congress might then refume to pay the
-v - Agesident's appointees. Mr. Johnson said
„, ha would read a letter from Mr. Madison on
this subject, written at a time when there
as a more hitter war between Congress
........, - i the President than now exists, admit
•i g there is a war at present.
is r. Clark—There is no war. [Laughter.]
Mr. Johnson—l say, admitting there is a
r--. ar. [Laughter.] lam sure there is no
' • ar; but I say, admitting there is. [Laugh
- ter.]
Mr. Sumner—A mere hypothesis. [Laugh
ter.]
Mr. Trumbull—A mistaken hypothesis.
[Laughter.]
Mr. Johnson—Thia has a little squinting
that way, but unfortunately, perhaps, the
honorable member from Illinois does not
• • see it. [Laughter.]
Mr. Johnson continued his remarks on
the pending amendment. Mr. Trumbull
had admitted the power of the President to
remove - during the session -of the Senate,
but denied his right to appoint. Suppose
the President, who is a man of firmness and
nerve, should be'of the opinion that it is
the purpose of Congress to war upon him
by taking from him the power to remove,
what will bs do? He will remove, and not
appoint, and • the wheels of government will
stop. If the President is impeached for it,
he can defend himself Wand appeal to the
people. What is to be accomplished by
carrying on apparent war, doing what
never has been done in relation to any of
the predecessors of the President? What is
the condition of the country? The war is
over, and the Union still practically dis
solved. What are the signs of the times?
If the instructions given by the Secretary
of State to our Minister to Austria are car
. ried out, the result will be war between
this country and Austria. We may defeat
the few soldiers she may send against us,
but she will fill the seas with privateers to
destroy our commerce. With eleven States
excluded from the Union, we are not in a
condition to go to war; and if the report of
the Committee on Reconstruction is adopted
the States will be kept out till after the
~ twat Presidential election.
• Mr. Sumner (Mass.) said he would like
to simplify the question before the Senate,
which it seemed to him Mr. Johnson had
done more to perplex than to explain. It
was said that the fox when pursued can
ningly contrives to throw his pursuers off
the scent, and it seemed to him (Mr. Sum
ner) that Mr. Johnson had been trying to
throw the Senate off the scent. Mr. John
;bon had spoken of the possibility of war
with Austria. He shared the solicitude of
,; ; that Senator with reference to the question
'. , ,1tt0 which he had referred, but he begged to
7 -
remind the Senate that it could have noth
ing to do with this question. The. question
6 cowpending was so simple as hardly to
;lushly argument.
ilk Mr. Trumbull said Mr. Johnson was mis
-,...,.* . aken in suppoding that this was a measure
doheistile to the Executive. It was simply an
amendment to carry out a clear constitu
• 'tonal power of Congress to prevent a pray,-
. tice which had grown up of making appoint
anents to office without consulting the
Senate. He did not believe the_ adoption of
' his atiiendment would affect the qaestion of
war with Autitria. -[Laughter]. - ,
Mr. Sherman (Ohio) said he believed Con
gress had the right to limit tho.power of the
President to _appoint. • 'lt . exercised- that
power in 1863, in , the bill creating the office
of Comptroller of theTurrency., The,tiend
beg proposition was, - however, very harsh,
:sand he would hesitate before giving his as-
__ sent to it. If the Ohairman of the Judiciary
Committee would report • a bill to regulate
the subjebf of removals and appointments,
• he would I"stipPort_ . 11 - ,_ifit_was.jnaleialiy
• . '
framed.. :There was=; a jealiSusy,.,he r .woplii.
hot say ; a, mar, between ~ Congrese aud diet -,
President; and he knew of no tiate-better •
than the pregent for- regulating the subject
. . removal and appOintatents, by - passing; a'
4 just-law on the subject, ,It ought,
i s
a to rno lb n e d p n r en ee to bi th a e n a , p hi pr f o o p rm ria a t l i nzan bi n i tr h as e
*did notlielieve, it would be wise to declare
*bat an officer legally appointed should re
ceive no pay, unless his appointment was
agreed to by the Senate. - -
Mr. Henderson (Mo.) saidhe had partially
prepared a bill of the nature referred to by
Mr. Sherman. He had come to the conclu
sion that the President had no constitutional
power to remove any one from office. Speak
ing of the practice of executive removals,
he said Washington, in eight years, removed
but four from office, Adams but ten, Jeffer
- son but eight, Madison but eight, Monroe
but nine, John Adams but four, General
'Jackson removed two hundred and thirty
during the first year, and'after that some
four or five thousand. Since Jackson's time
the habit of removing had been much more
frequent than before. He did notknow that
President Johnson would undertake to re--
move from office to any great extent; but if
he (Mr. „Henderson) was in his place and
the same difference existed between' him
and Congress that exists between Congress
and Mr. Johnson, he would use all the
' mower he had. He believed that unless it
vtas taken away from l him, Mr. Johnson
AVAI ; 'Would be justified in tieing his _appointing
later power I to carry , out what he. calls "my
, ....whey." -,
4 -.lir. Henderson,was referring to the fact
that a western - newspaper laid 'advised the
- *'"Rresident to march troops into the Capitol
wand drive the Senate but. Mr. Davis (Ky.)
tad said that if the Soutnern Senators came
here and joined the minority in the Sena te,
,*
t would be for the President to say whi'"
was the legal Senate. •
Mr. Davis-I will :what I did-say,
And what I beliefe. it - ittuna.tie the duty of
he President to communicate to. Congress
from time to time, and recommend for its
consideration, such measures as he shall
deem proper. The position that I assumed
was this, that before the President could
ethat office he would have to ascer
min what bodies of men constituted the
Congress. If there were four bodies of men
two of them concluding that they were the.
Senate, and the other two concluding that
they were the House, then the President
must necessarily decide which body consti
tuted the House and which the Senate; that
it was a necessity, and that it was his plain
constitutional prerogative and right to de
termine, under such a state of the case as
that, which was the true Senate and which
was the true House. I furthermore stated
that f the Southern members were to get
together with a number of their members
of the two Houses, and they, in the aggre
gate, constituted a majority of the two
Houses, that the Presideltt had the consti-
tutional function and right to decide
whether they were the Congress or not, and
if he chose to recognize them as the two
Hous'es of Congresi, they constittued the
regular legal constitutional Congress. That
is still my opinion.
Mr. Howard (Mich.)— Then the Con
gress depends upon the will of the President?
Mr. Davis—l furthermore stated that it
Was the province of the two Houses to judge
exclusiTely, each for itself, of the elections,
qualifications and returns of its own mem
bers; that over these issues the President
bad no control or jurisdiction; but at the
same time, if the members contesting for
seats were to get together in such bodies as
constituted a majority of the two Houses,
that the President had the right to recegnize
them in the. Congress. I say so still. That
is my opinion—my belief.
Mr. Howard—WilltheSenator from Ken
tucky allow me to ask him from what part
of the Constitution of - the United States he
derives this power?
Mr. Davis answered by quoting the con
stitutional provision requiring the Presi-,
sident to communicate with Congress.
Mr. Anthony (R. I.) said the Senator from
Kentucky not long since made a speech
which at the time excited the surprise of the
Senate. He had looked for it in the Globe,
but it was not there; and he desiredto know
whose fault it was—whether it was the fault
of the reporters or publishers of the Globe
that this omission occurred.
Mr. Davis—lt is my fault.
Mr. Anthony said that this practice of
making speeches and then either suppress
ing them oeso altering them as to make re
plies to them appear ridiculous ought to be
stDpped. He believed the reporter of the
Globe ought to be held responsible for the
publication of everything said in the Senate.
He for one should oppose the appropriation
for the Globe, if it was to be optional with
men to print or suppress speeches made in
the Senate.
Mr. Davis, in reply, said it was a common
practice for speeches to be withheld for pub
lication in the appendix of the Globe. He
intended to print in the appendix the
speeches to which Mr. Anthony referred.
Mr. Howard (Mich.) said he held in his
band the original report of the remarks
which Mr. Davis had just explained, as
taken by the reporters at the tinie,and writ
ten out from his desk. He asked that it be
read.
The Secretary read it accordingly. [ Sir.
Davis says in it that the President is, by the
Constitution, made the Judge of what -is
the Congress. The excluded Senatnrs, with
the minority in this body, constitute a ma
jority of all the Senators of all the States.
These two could get together in a conclave
and it would be the constitutional obliga-
I ion of the President to choose between the
two Senates then existing. It is his power,
and I would advise him to use it. He has
the right, and, by the Eternal, be ought to
exercise that right. If I were he I would do
it to-morrow, and recognize the Sonthern
members, with the minority here, as the
constitutional body.]
Mr. Davis, at the conclusion of the read
ing, rose and said: Mr. President, that is
my principle still; I maintain that that is
the true principle of the Constitution.
Mr.Howard—The honorable Senator from
Kentucky (Mr. Davis) says that is his prin
ciple still. I regret very much to hear him
make such an announcement. I pronounce
z hat principle to be revolutionary, unconsti
tutional and treasonable. I move that the
Senate adjourn.
Mr. Davis—l wholly dissent from the po
sition of the honorable Senator. It is neither
revolutionary, unconstitutional, nor treas-
onable.
The Senate, at 5 o'clock P. M., without
taking action on the pending bill or amend
ment, adjourned.
HousE.—Mr.Stevens (Pa.) from the Com
mittee on Appropriations, reported a bill
making appropriations for the use of the
Bureau of Refugees,Freedmen and Aban
doned Lands for he year commencing
January , let, 1866. which was read twice and
referred to the Committee of the Whole on
the State the of Union;and made the special
order for to-morrow.
The bill makes the following appropria
tions—Salaries of Assistant and sub-Assis
tant Commissioners, $47,500; salaries of
clerks, $82,800; stationery and printing,
$63,000; quarters and fuel, $15,900; clothing
for distribution $1,750,000; commissary
stores, $4,106,2.40; medical department,
$500,000; transportion, $1,980,000; school
•superintendents, $21,000; sites for school
houses and asylums, $3,00040; telegraph
ing, $lB,OOO. Total, $11,584,450.
Mr. Stevens offered a substitute for the
bill introduced by him on December 20th,
and referred to the Committee of the Whole
on the State of the Union, to doublit the pen
sions of those who were made pensioners by
the casualties of the date war, to pay the
damages done to loyal men by the late rebel
government and rebel raiders, and to
enforce the confiscation of the property of
the enemy, which was orderedto be printed,
The substitute forfeits to, the- United States
all the public lands belonging to the eleven
,Stratep that formed the governmentof the so
called "Confederate States of -America,"
directs the President to cause the seizure
"forthwith of such property belonging to
We belligerent enemy as is deemed forfeited
by, the act of 17th of July, 1652 ; to hold and
appropriate the same as enemy's property,
and to proceed to condemnation with' that
already seized; that the President shall ap
point two commissioners or more, to consist
of three persons each, to adjudicate and
condemn such property, which shall there
upon,become vested in the United States.
tThe lands thus confiscated shall be distri
buted to the slaves liberated by the opera
tions of the war and the amendments to the
Constitution, at' the rate of forty acres to
each adult male person, and to each widow
who is the head of a family, to be held by
them in fee simple, but to be inalienable for
ten years, after which time the absolute
title to them shall be conveyed. The rest of
the confiscated property is to be applied to
the following purpcises, viz: Giving $lOO for
the erection of buildings on each homeste
$200,000,000 to be invested in United States
securities, and the interest added to the pen
sions ,of pensioners; $100,000,000 to go to
wards equalizing the bounties of soldiers,
and $200,000,000 to go -towards paying da
mages done to loyal citizens by the civil or
military onerations of the` - government'
oallea -"The Confederate States of
America." No pemon's property is to be
seized whose, whole estate on the 4th of
March, 1865, was not worth more than- $lO
- unless he had voluntarily become an
officer or employe in the military 'or civil
service of the Confederate States, and in en
forcing all confiscations the:value of $lO,OOO
in real or personal property is to be left to
the delinquent.
THE DAILY EVENING BULLETIN : PHILADELPHIA, TUESDAY. MAY 1.166.
Mr. Eliot. addressed the House at con
siderable length, advocating the principle
of internal I nnprovement and explaining
the provisions of the bill, and then moved
the previous question.
Mr. Rcss asked Mr. Eliot to admit an
amendment appropriating $200,000 for the
improvement of the Illinois river, but
Mr. Eliot declined, saying that gentlemen
all around were pressing ter amendment%
There was not an appropriation recom
mended in the bill which did not-rest upon
careful estimates made at the War Depart
ment, and upon recommendations coming
from there. There was not one point con
cerning which petitions had not come up
from the people, and which had not been
carefully. examined. :He ',believed that in
every instance where the people had desired
the action of Coneress. and where it had
been possible to obtain from the department
such estimates as enabled the committee to
determine with any accuracy what was
wanted, had been duly- considered, and
would be reported upon. It world not do,
he said, to. open the bill -to amendments
which would be loose andutereigness work.
Mr. Donnelly (Minn.) asked Mr. Eliot to
yield for an amendment to the section au
thorizing surveys to be made.
Mr. Eliot had no objection to that, and
the following points were, on motions of
Messrs. Donnelly, Van Horn (N. Y.), and
Pik", added to the section authorizing sur
veys to be made, viz: _ • '
The Sombro river and the Cannon river,
Minnesota; the lake and mouth of Eighteen
mile creek, Oleo% New- :York, and the St;
Croix river, above the ledge.
Mi. Spaulding (Ohio) asked Mr. Eliot to .
yield for an amendment providing that the
Secretary of War ihall at all times be au
thorized to- place th,e public works of the
United States mentioned in the act in charge
of Custom-house officers or other agents of,
the government living near the works, who
shall protect the same from unwarrantable
obstructions or injuries of any kind, with
out additional charge for their service; but
Mr, Eliot declined to yield for that
purpose.
The previous question was seconded and
the amendments, agreed to, and the bill
passed.
Mr. Blaine rose to a personal question,
and asked to have read a letter from Gen
eral Fry, which he sent to the Clerk's desk.
Mr. Conkling stipulated that he should
have an opportunity of replying to it.
' Mr. Blame stated that he wished to have
this letter read for the double purpose of
vindicating, himself from the charge of
having made an untruthful statement in
the Rouse some days since, and in giving,
in the broad American sense of fair play, an
opportunity to a worthy officer to be heard
in the forum where he has been Assailed.
wish further to state that if, on investiga
tion, I bad found that I was in error in the
statement I made in debate; touching the
difficulties between the member from the'
Utica district and the Provost Marshal-
General, I would have felt bound, hu
miliating as it would have been, to apolo
gize - to the-labuse, and to make the correc
tion. Whether I was in error I will leave
to be judged by the Souse, after it shall'
have heard the letter of the Provost Marshal
General read. .• •
The Clerk then read the letter of General
Fry; of which the .following are extracts:
WAR DEPARTMENT, PROVOST MARBRAL
4;ilaigrairis Bwmuu, WhamiziaToN, April
.
The last section ia ' •
That so much of thejointresolirtion passed,
on the 17th day of July, 1862, entitled "a re
solution explanatory of and to suppresa the
insurrection,', to punish , treason and rebel
lion, to confiscate the property of rebels,and
for other purposefr, •' as providearthat no - pro=
ceedings under it shall be construed as to
work a forfeiture of the'real - estate - heyond
his life, shall be repealed, so, far as it refers
to the seizure and forfeiture ofenemy's pro-
Perty.
Mr. Stevens asked leave to offer aresolu
tion reciting the fact that the President had
not answered the resolution of the House, of
March sth, inquiring as to thee number of
pardons granted, and the amount of forfeit
ed , property restored to rebel owners, and
requesting him to communicate such infor
mation at his earliest convenience, it being
needed for purposes of legislation,
Mr. Ross objected.
Mr. Hitchcock (Nebraska) introduced a
bill appropriating part of tholproceeds of in
ternal revenue in the territriry of Nebraska
for the purpose of erecting a penitentiary
and completing the Capitol of that territory.
Read twice and referred to Committee on
the Territories.
Also, a bill to provide for the construction
of a wagon road. from Columbus, Nebraska
to Virginia City, 'Montana territory, whicki
was referred to the same committee.
Mr. Ashley, of Nevada territory,presented
resolutions of the Legislature of. Nevada, in
reference to building a United States Branch
Mint at Carson City,and to mail service and
to mining districts in the ea3tern portion of
Ne'vada, which were appropriatelyreferred.
Mr. Whaley introduced a bill in reference
to claims for horses turned over to the gov
ernment. Read twice and referred to the.
Committee on Military Affairs.
Mr. Bidwell offered a resolut ion, which
was adopted, requesting the Committee on
Military Affairs to inquire into the propri
ety of providing by law that whenever any
person subject to the rules and articles of
war shall be tried by a court martial for any
alleged offence, and the finding of the court
shall be that he is not guilty, the President
and Judge Advocate shall give a written
lertificate of acquittal to the-accused, who
shall then bereleased from arrest and con
finement,
Mr. Rigby (Cal.) offered a resolution,
which was adopted, reciting the allegations
in responsible publicjournals and elsewhere
that in the enforcement of the revenue laws
at Boston and New York, frauds had been
committed on the United States, and also
that frauds had been committed in the en
forcement of the internal revenue laws, in
the adjustment of claims for the violation.
thereof in those cities,
and instructing the
Committee on Public Expenditures 'to in
quire into all such alleged frauda,and to sit
curing the recess of Congress, at such place
as may be deemed most convenient, and by
such number, not exceeding, three, of such
committee as may be deemed advisable.
Mr. Drigga (Mich.) offered a resolution,
which was adopted, requesting the Secretary
of State to furnish the House with a list of
the claims of citizens of the United States
now pending in the U. S. Legation at Cara
cas against the government of Venezuela,
and to state what measures are required to
bring such claims to a speedy settlement.
Mr. Loan introduced a bill declaring St.
Joseph, Missouri, a port of delivery. Read
twice and referred to the Committee on
Commerce.
Mr. Blow introduced a bill to allow the
extension of the wharf at St. Louis. Read
twice and referred to the Committee on
Military Affairs. •
Messrs. Darling and Ward presented re
solutions of the State of New York in favor
of equalizing bounties.
Mr. Van Horn (N. Y.) presented a peti
tion signed by 63 citizens of Elba, Genesee
county, N. g an increase of duty on
wool.
Mr. Conkling presented a petition of Mrs.
Butts and. 65 other women of Hopedale.
Mass., asking an amendment of the Consti
tution prohibiting the States from disfran
chising citizens on the ground of sex. Re
ferred to the Judiciary Committee.
Messrs. Price (Iowa) and Randall (Pa.)
were excused from serving on the Confer
ence Committee in reference to the sale of
liquors in the Capitol, and Messrs. Grinnell
and Dawson were appointed in.their planes.
On motion of Mr. Eliot, the Committee of
the Whole on the State of the 'Onion: was
discharged from furthernonsideration of the
River and Harbor Improvement bill,and the
bill came 'before the House for reconsidera
tion.
27 th, - ' lB 66.—Son:'James'Blaine, Esv--
I have to thank you for repelling a,- you
did, in the HOuse of Repmentatives, on the
26c1 inst, the "very extraordinary assault
uponnte by the Hop. Roscoe ,Conkling,
New :York. It was a defenpe of me in a
forcun where I had no' opportunity to be
personally heard, and Ii 'am enabled to say
that your assertions touching •Mr. Conk
' ling's difficulties• with this Bureau are
amply and completely justified by:the facts
which this letter will disielose.
My official intercourse with:,Representa
tives in Congress, during th past three
years, has ' been constant; and -in many
cases intimate, and with the solitary excep
tion of Mr. Conkling, it has been marked,
so far at I remember, by mutual• honor and
fair dealing. Mr..Conkling being thus an
exception, it is my purpose to' give a brief
t.unguary of his connection and intercourse
with this Bateau. In the summer .of 1863
Mr. Conkling made a case for himself by
pslegraphing to the War Department that
the provost marshal of his district required
legal advice, which he was thereupon em
powered to give.
In April, 1865, Mr. Charles A. Dana, then
Assistant Secretary of War, without notify
ing me, had Mr. Conkling appointed to in
vestigate all frauds - in enlistments in West
ern New York, with the stipulation that he
sheuld be commissioned judge advocate for
the prosecutiort of any+ . cases brought to
trial, and he was so appointed to prosecute,
before a ,general court-martial, Major J. A.
Haddock. Mr. Dana vested him by several
orders lasted in the name of the Secretary
of War,wßhout the sanction of Mr. Stanton,
with the most extraordinary power. Among
those was the right to, examine the des
patehes in all telegraph offices in the western
division of New York, which enabled a
violation of the sanctity of personal and
business correspondence. For his services
in this connection, Mr; Conkling received,
on the 9th of November last, from the
United States, the mcidest fee of $3,000.
Whether he received, ice it has been re
ported, from his district $5,000 more for the
same service, and whether he received
additional fees from ' guilty parties, for
opposing proceedings atNitica, I am unable
to say; but, as hereafter shown, he was as
zealous' in preventing prosecutions at
Utica as he was in making them at Elmira,
and the main ground of difficulty between
Mr. Conkling and myself has been that I
wanted exposure at lxith places while he
wanted concealment at one.
I suppose there can be no doubt among
high-minded men as to the character of Mr.
Conkling's course in this matter. Whether
his action is exercising . the functions of
judge advocate, and receiving pay therefor
from the United States Ito the amount of
three thousand dollars, -while receiving his
compensation as a member of Congress,
was a violation of the I letter or spirit, or
both, of Article 1, Section 6 of the Constitu
tion, I leave others to decide.
As to the animus of Mr. ConklAng's
calumnious assault upon me,:it is true, not
his assertion that he had no
personal quarrels with me, that the differ
ences between him and !myself were alto
gether from my unwillingness to gratify
him in certain matters in which he • had a
• trong personal interest. llt is true, also, that
ee was foiled in ;his efforts to obtain undue
concessions from my Bureau, and to dis
credit me in the eyes of my superiors.
The letter then goes into considerable de
rail about the issues bet Ween the writer and
Mr. Conkling, and concludes as follows :
the general management of business has
received the approval oil all dispassionate
parties who have had an opportunity to
edge of it, including the late President, and
hat superior officer to whom I have been
directly responsible, whoise vigor and whose
•apacity and opportunity to judge are be
yond dispute; and it will not be forgotten
• bat complaints and text:mations have been
spread with great industry before the'high
fficials last referred to. II have been at all
rimes amenable to the seyereat form of law,
the military axle, liable at any moment to
summary arrest, court martial, and extreme
punishment in case of any dereliction of
official duty. No one knows the fact better
than Mr. Conkling himself; and if while
acting as Judge Advocate, under the extra.
ordinary inquisitorial powers bestowed
upon him by his friend Mr. Dana, he came
into the possession of any fact impugning
or impeaching my integrity as a public offi
cer, he was guilty of grave public wrong and
unfaithfulness if he did not instantly fife his
formal charges against me with the Secre
tary of War.
He can, therefore, only! escape the charge
of deliberate and malignant falsehood, as a
member of Congress, by confesging an un
pardonable breach of duty as Judge Advo
cate. He held both offices, and took pay for
both, and at the same time. He has cer
tainly been false to honcir in one, and per
haps, as the sequel may show, in both.
Copies of the official documents substantiat
ing statements herein made are subjoined.
[Signed] AtillES 13. Fay, •
Provost Marshal General.
Mr. Blaine said he did not desire to have
the documents read, but Would ask to have
them printed in connection with Gen. Fry's
letter.
Mr. Conkling expressed the hope that all
the documents would be read.
Mr. Ross inquired of the Speaker whether
a motion to print ten thousand extra copies
CI correspondence was in order.
The Speaker replied in the affirmative ;
and
Mr. Ross thereupon made that motion,
which was referred, under the rule, to the
Committee on Printing.
The accompanying documents, rather vo
luminouff were read by the clerk. They con
tained nothing of public interest.
Mr. Conkling (N. Y.), although appreciat
ing the indifference. which the House must
have felt- at an issue personal and in
dividual in its character, desired to address
the House briefly. He could assure - the .
House, with the utmost sincerity, that far
everything in the extraordinary communi
cation just read, which savored of impute
tions on him, he was doubly 'consoled by
the fact that he had becoine the instrumen
tality of initiating. an investigation which
would be good for the people and whole
some for the public ends. [Before taking his
seat' he would ask some member to move
for & committee to investigate the subject,
which hadceased to be private, and had be
beconie public. It would not be proper for
himself to move it, but he trusted an im
partial committee would be appointed to
bring to the public knowledge some matters
whereof he should briefly speak. The in
sinuation that he had telegraphed to the
Secretary of War to make ,a case for his own
professional employmen4 Mr. Cankling
cleared up by a simple statement of the cir
cumstances connected with the matter. It
was the case of an arrestand detention of a
deserter, for whose discharge from arrest a
writ 'of habeas corpus had been served on
,the provost marshal at Utica and where
there was great danger of Collision between
the civil and military authorities, and in
reference to _which he (Mr. Conkling) tele
graphed to the Secretary of War to give in
struction to the officer.
The Secretary of War telegraphed to him
(Mr. Conkling) in reply that the officer must
hold his prisonerat all events, and request
ing him to appear as counsel and argue the
questions arising betwee& the military au
thorities and the judicial authorities of New
York. He , did attend and argue the case,
and the decision was in favor of the Govern
ment. An appeal was taken to.the court in
bane. He was again directed by.the Secre
tary of War to appearthere and act as coun
sel for the Government, which he did, when
the 'decision was affirmed.. That waEl
whole connection with that transaction, on
which the head of the Bureau (General
Fry) had dared to send aletter, under pre
tence of defending himself; but with no.
other pUrpose than to stab the reputation of,
another. :As to his appointment by Mr.
Dana to act`as Judge Advocate, he alsogave
a lull and complete explanation. He had
received, while attending
. professional
,bnainees at.. Syracuse, an urgent ;despatch
from the Secretary of, War, requesting.-hie '
immediate attendance.at.ashington.
Ignorant entirely of what was wanted
with him, he had come to Washington,- and
hail an 'interview. with Mr. Stanton, who
detfired him to act as counsel for the Govern
ment in the examination and prosecution
of pounty frauds. He had declined the offer,
but, the Secretary insisted, and he (Mr..
Conkling) at length yielded, and received a
letter of retainer, under which he had la
bored, day and night, for.three months, two
months of which,time was occupied in the
actual trial of the case of Major Haddock.
The Secretary had asked- him to send in an
account of.his charges, which he declined
to do, leaving it to the Secretary to make
whatever allowance he, chose, and subse
quently he received from the Secretary a
letter stating that, in his opinion, three
thousand dollars would be a very moderat3
sum for the labor performed. He returned
an answer that he was entirely satisfied, as
he would have been with any other sum
that might have been fixed, as he did not
consider it an occasion out of which profit
was to be made.
Mr. Ross (Ill.) inquired whether this sum
was for services done during the time he
was drawing pay as a• member of Con
gress?
Mr. conkling replied that the service
`commenced in April, 1865 and as Congress
commenced in March, the gentleman from
Illinois might be able by the rule of three,
or some other instrumentality with which
he was familiar, to figure oat the matter for
himself. He should be sorry to suppose
that the gentleman from Illinois, or any
other member of the House, or any other
human being except the distinguished ma
thematician and warrior, Provost Marshal
Fry, should have such a low standard of
intelligence as to imagine that there was
the slightest impropriety in a member of
Congress practising his profession, and tto.
cepting from the Government of the United
States, or from any other client, a retainer to
doprofessional business. As to theatatement
that some effort had been made by him to
haVe concealment of frauds in the Twenty
first Congressional District, that was a mere
assertion ; there were no circumstances
stated, and he pronounced the statement
utterly and absolutely groundless. Nothing
whatever of truth could be found in it. On
the contrary, in the investigation that took
place before the court-martial, everything
pertaining to the Twenty-first Congressional
District had been investigated. Nothing
smazed him more than that the Provost
Marshal General, or anybody else, would
dare to put on record an assertion so utterly
baseless.
Mr. Ross inquired whether the fee of
$3,000 was in addition to his pay as judge
advocate ?
Mr. Conkling said that nothing gave him
greater pleasure than to gratify the lenda
ble curiosity of the gentleman from Illinois,
and he begged to assure that gentleman that
he had never drawn pay as a judge advo
cate, and that the $3,000 was the only com
pensation be had ever received for his ser
vices in that connection. All - gentlemen
who had any appreciation whatever, as
such, would see that the point of the whole
matter was the assertion of the gentleman
from Maine, that he (Mr. Conkling) had
quarrels with General Fry, and had been
worsted in them,the,Secretary of War having
taken sides with him. Was there one shadow
of foundation, he asked, for such an asser
tion,
taking the communication of the Pro
vost Marshal General as the only evidence
in the matter? He had but one single in
terview with that officer. When he (Mr.
Fry) said that the people of his (Mr. Conk
ling's district were made made up of cow
ards, drunkards and sneaks, that he did not
believe there was an honest man in the dis
trict, and that if any such was to be found
the others would immediately debauch him,
he had been; astounded at hearing such lan
guage, but he had been taught to be careful
as to those with whom he associated, and
more careful still as to those with whom he
quarreled; and he knew that a man who
had done what General Pry had done, and
who was capable of making such a remark,
was a man whom he could have no contro
versy with. Neither in conversation nor in
correspondence, nor in any other way what
ever, had he ever had a quarrel, in any defi
nition of that term, with the Provost Mar
shal General.
The House, he hoped, would pardon him
for saying so much after the extraordinary
incident that had occurred, where the head
of a bureau, a clerk in the War Depart
ment, sent to be read such a pile of rubbish
of personal assault on a member of the
House, under pretence of vindicating him
self.. That gentleman (General Fry) panted
for vindication, not with reference to the in
significant things which pertained to him
(Mr, Conkling), but with reference to those
public affairs that concerned all the people;
and he would ask his colleague (Mr. Hut-
bard) to offer a resolution under which that
opportunity would
,be given to him. If a
committee for the purpose were appointed,
be (Mr. Conkling) would undertake to make
good his assertion that in all the western di
vision of New York the Provost Marshal's
Bureau, as it was administered, was one
carnival of corrupt disorder; and then the
public would know whether the head of that
Bureau was a man capable of administering
it, capable of seeing the difference between
honest men and thieves, or whether it was
administered by a man who had the capa
city to do what but for the want of another
quality he would have done, and that was to
arrest the enormous flood of corruption that
went unchallenged, month after month, all
over the western part of the State of New
York.
Mr. Hulburd (N. Y.) prefacing the resolu
tion, with a remark that he wished not to
be appointed on the proposed committee, as
he was on the Committee of Public Expen
ditures, to which a grave investigation had
to-day been referred, offered the following
resolution:
Resolved, That a select committee of five
members of this House be appointed to in
vestigate the statements and charges made
by the Hon. Roscoe Conklin& in his place.
last Week, against the Provost Marshal
General, in the administration of the duties
pertaining to'his bureau, whether any frauds
have been perpetrated in his office in con
nection with the recruiting service; and also
to examine into the statement made by
General Fry, in his communication to the
Hon: Mr. Blaine, read in the House this
day, with power to send for persons and pa
pers., _
Mr, Ross suggested that the committee
should also inquire whether the gentleman
from New York had received any more
pay than he was entitled to.
Mr. Conkling remarked that he would
like to have that in -Mr. Hulburd's resolu
tion, iind said it was embraced in the terms
of the resolution.
Mi. Blaine (Me.) said that he did not
luippen to possess the volubility of the gen
tleman from the Utica district, who took
thirty minutes the other dayto explain that
an alteration of the report in the Grobe was
not an alteration at all, of which he hardly
convinced the House,and who took an hour
to-day to convince the House that there was
not the slightest difficulty between himself
and General Fry..
The gentleman had attempted to pass off
his aPpearance as judge advocate as simply
an appearance as counsel for the govern
ment, but - he would read again the appoint
ruenpunder which he had acted as prosecu
tor for- the government. Having read the
letter he referred to a - law, in; ErlgttlefE3 ,
Digeat, enacting that "no person holding.
any ;office under the government 'of the
United States whose salary or annual coni,
w l / 4y
pensation should amount to := t nty 7 five:
hundred dollars; should receive c 4 mpsnsa
tion for diaolunging the duties of othec
office." The gentleman could not deny
that he, had discharged the duties of judge'
advocate, and had been paid for doing ao
while drawing pay. as a member of Con
-gfess. His distinguished colleague (Mr.
Schenck), underlike circumstances, had cut
off his - pay for themonth - during which - h.)
held both offiees,.and he ,supposed the gen
tleman from New Ydrk would, if the com
mittee so reported, voluntarily restore to
the Treasury the amount he had improperly
received. What he (Mr. Blaine) had stated
the other day had been fully and emphati
cally borne out by the record, and if he had
shown that he was incapable - of stating any
thing for which he was not responsible, not
"here or elsewhere," but responsible - as
gentleman and representative, he was con
tent.._ _ -
Mr. Cobkling desired to state_ that no
mission, paper or authority' whatever was'
issued to him except Ike letter of retainer
which bad been read. IDethe member from
Maine had the least idea how profoundly
indifferent to him his opinion was on the
subject he had 'beta discussing, or on any
other subject, he thought he would hardly
take • the trouble to express it. • He anolo
gized to the House forthelength of tithe he
bad occupied in consequence of being
drawn into the matter by an interruption
which he had before pronounced ungentle
manly and impertinent, and having nothing
whatever to do with - the matter.
Mr. Blaine said he knew that 'this was
what they csktied, down east, "running
eniptyin gs." The • gentleman from New
York could not get off on the technical pre
tence that he did not hold a commission. as
Judge Advocate." Many an officer had led
a brigade, a division or a corps, with no
more of a commission than such a one as
the gentleman from New York held. As
to the gentleman's sarcasm, he (Mr..
Blaine) continued, I hope he will let zale
escape. His disdain, his lordly pomposity,
his grandiloquent swell, his majestic over
powering, • his . turkey gobbler - strutting
[laughter], have been so crushing to myself
and all the members of the House that I
know it . was an act of the grossest temerity,
on my part to venture on provoking them,
but I knew well who was responsible for
it all. I know that for the last five' weeks
an extra strut has seized the gentleman. It
is not his fault. It is the fault of another.
That gifted and satirical man, Theodore.
Tilton, of the New York Independent, was
over here spending some weeks and writ
ing home letters, in which, among serious
things, be put in some jocose things—among
the cruelest of which was thai the mantie
of the late Winter Davis had fallen upon
the; member from New • York. He (Mr.
Conkling) took it as serious, and has since
strutted more than usual. Well, the resem
blance is great, is striking—Hyperion to a
Satyr; Thersites to Hercules; mad to mar
ble; a dung hill to a diamond; a singed cat
to a Bengal tiger; a whining -puppy to a
roaring cow. Shade of the mighty Davis!
forgive the profanation of even that jocose
satire.
As. Mr. Blaine resumed his seat, the
Speaker stated that the usage in the House
had been, whenever the House grants con
sent for a personal explanation, that if a
member transgresses the rules of debate, he
should be called to order by some member,
not by the Chair. That was the reason why
the Chair had not checked the debate. The
House having granted consent for personal
remarks ' it was for some member, not the
Chair, to rise to a question of order, where
the limits of debate were transgressed-
Mr. Thayer moved to refer the resolution
to the Committee on Military Affairs, and
though Mr. Schenck and Mr. Blaine asked
him to withdraw that motion, he declined to
do so.
Mr. Henderson moved to lay thei resolu
tion on the table.
Both motions were voted down.
The resolution was adopted, whereupon
he House, at a quarter past five, adjourned..
[The bill introduced to-day by Mr. Rice
(Me.) in reference to national banks, pro
vides for the conversion of state banks to
national banks to an amount of capital to
be limited,on application to the Comptroller
of the Treasury on or before the first day of
July next; providedraat, in the appordon
ment of the same, preference shall be given
to t e banhs in such States as have not re
cei red their just proportion of the national
banking capital, and with due regard to the
existing banking capital, resources and.
business of such States.]
itIISINIESS OM3I,Db.
pAsSVORTS PROCURED.—
JOHN H. FRIM,
NOTARY PUBLIC,
COMMISSIONF.R FOR ALL STATES,
PENSION AND PRIZE AGENT,
No. DOCK Street.
Acknowledgments, Depositions, Affidavits to At:-
wants taken. '11.3 -Stet
628 HOOP SHIRTS, •
628
NEW SPRIENG STYLES NOVeitEADY.
of Hopkins' "own make," al No. e2S ARCH Street.
These S.U.n.s are gotten up erpresslyto meet the wants
of iirst-caus trade, and embrace every else and style
Mr ladies, Misses and Children, which, Sir finish and
durability, have no equal in the market, and warranted
to give satisfaction. Also, constantly oa- hand, a fall
assortment of good Eastern made Skirts, from 15 to 40
springs, at very low
_prices. Skirts made to order,
altered and repaired. Wholesale and retail . nole-em../
C. KNIGHT & CO., WHOTars 4 Lit GRAUER%
S. E. Cor. WATER and CCEEFSTNUT streets,
Phll
ade] Agenta for the sale of the Products of the
Southwark Sugar .Reftnery and the Grocers' Sugar
- • 4
moss A. WRIGHT. TRORSVON MOS. CIMICIINT
GIUSCOM . ..73110.1)0118' WRIGHT. 37BASZE I. NML.
PATER WEIGHT & SONS,
Importers ofEarthenware,
and *
Shipping arid Commission Merchants,
Ho. us wAisruT streetyrnuadephis.
PENNSYLVANIA WORKS,-ON THE DELA
WAREA river below Pwrr.aDELPHIA...
CHESTWI Debrware,county Pa.
REANET,
Engineers and Iron Boat builders, SON & CO.,
Manufactruers of
AD kinds of
CONDENSING AND NON-CONDENSENIG ,EN
.
hen Tassels ofall descrlptionti, Boilers, Vale, Tank!.
Propellers. &c., &c.
Late of
T. REANKY, W. .B. Iry eiREy, R. ARCMBOLD.
;late
Reaney..l 4 :eafe & Co., Engineer In Chief,
Penn Works, Phila. 11. S. Navy.
T. VOHHAN MEN.1 . 7, 66p ri.. H. 3SEKELRICK.
QUITTHWA_RK FOUNDR,PLETH AND wesH
niPTON STREETS.
Pamanattsitra.
MERRICK dr. SONS
.111NOINFrFils MA
AND CHINISTS.
MannActin's High and Low Pressure Steam Magiilea.
for Land, River and Marine service.
Boilers Gasometers, Tanks. Iron Boats, &c,
Castings of all kinds, either iron or brass.
Iron Frame Rooth for Gas Works, Workshops ant
Railroad Stations, &c.
Retorts and Gas' Machinery, of the latest and moat
Impr M oved construction.
ary description of Plantation Machinery; and
Sugar; Saw and Grist Mills. Vacuum Pans, Open
Stearn Trains, Defacators, Filters, Pumping En
gines, &c.
Sole Agents for N. Billeux's Patent Sugar Boling
Apparatus, Nesmyth's Patent Steam Hammer and
R. Woolsey's Patent Centriasgal Sugar
Draining Machine.
GAS FLXTURBB.—.IILIBILEY, ACIEBRILL &
- THAVKARA, NO. 718 • CIMIEDISTNUT street.
illanniactarers of Gas Fixtures. IstoPe dc„ would call the attention of the public to' their=
and elegant assortment of Gas Chandeliers, Pen
Brackets, etc. They also Introduce Gas pipet; into
Dwellings and Public Buildings, and attend to extend
altering and repairing Gm pipes. All work Trar
js3o
TERPHILADELPHIA BIOME/ 130111NALo.
SDITH street, above Vine, will reopen f 0 2 9 14
Pall and Winter swoon on MONDAY, Sept. Beti b .
Ladles and gentlemen desiring to acquire a Moron.*
know of . of tlids accomp li shment will find
Oicilltar a this school. The bones are safe aura
Arained, so that the meet timid need not fear. Saddle
home trained In the best manner. Saddle homes,
horse, and vehicles to biro. Also coarrhigeil rut .tun
We, to oars, steataboate, &c.
• THOS. CSAIGIf As 13087.
PWIEL.T.,a--0 MUFFS OF PROPERTY.—Tha
1 only p lace to get Privy Wells' Cleansed and Diein
fected; Ai vety low prime. AL PSTESON
••
• Bf l n h'e La l. o th Pond
rat%
Goldam Hall. L street
rgu7
Grp .._.it' .
Iry co.
$4:4!.Ti,.§i.T.4.4:i.§.,