from the Committee of the Whole than that of the gentleman from Texas, [Mr. CONNER,] the others will be considered as concurred in. No separate vote was asked, and the other amendments were concurred in.

The question recurred on agreeing to Mr. CONNER'S amendment; and being put, there were-ayes 32, noes 86.

So the amendment was rejected.

Mr. McCORMICK, of Missouri. I rise to make a parliamentary inquiry. Is it competent for this House to pass a bill without its having been read? That is the condition of this bill now.

Mr. TAFFE. I would like to make a statement before this bill is voted on. I agreed with the gentleman who has charge of the bill not over fifteen minutes ago, as I wished to leave the House on important business, that he would not proceed beyond a certain page. I do not reflect upon the gentleman, because he says it took a shute" he could not control. What that was I do not know, and have no means of knowing.

The SPEAKER. The Chair must state that he is not presumed to know (and in the particular instance, under consideration he does not know, having been absent) what is done in Committee of the Whole. Where a bill is reported from the Committee of the Whole, the Chair is bound to take the bill as it stands. The Journal never shows any record of what is done in Committee of the Whole, and there is no mode of correcting what is done there except in the committee itself.

of the bill, said that he had made this promise to the gentleman from Nebraska, and that consequently he should be compelled to move that the committee rise when that point in the bill was reached. I know he intended to carry out his promise in good faith, but another gentleman made the suggestion that the reading of the bill should be dispensed with, and the committee acceded to it, and therefore my friend from California is acquitted of bad faith. The res had dropped out-the subject-matter in reference to which the agreement was made→ and now it does not exist any longer.

The SPEAKER. The Chair is very sure it does not exist in the House.

Mr. SARGENT. If the gentleman from Nebraska has his amendment prepared, I have no objection whatever to its being considered as now pending. Let him present it now as the gentleman from Texas has done his.

Mr. COX. I would like to have it read. I do not quite like this way of disposing of important appropriation bills without their being read and full opportunity afforded for the offer ing of amendments.

Mr. TAFFE. Mr. Speaker, I understand that well enough, and I have no desire to reflect upon any one about this matter, but II desired an opportunity of offering an amendment, and the gentleman from California certainly agreed that I should have that oppor tunity. He will not deny that.

Mr. SARGENT. The gentleman from Nebraska was here while amendments were being offered at the close of the bill, and if he had desired could have offered an amendment at the end of the bill as other gentlemen did, but he did not avail himself of that opportunity.

A gentleman on the other side of the House, the gentleman from Indiana, [Mr. NIBLACK,] proposed that by unanimous consent the read ing of two thirds of the bill be dispensed with To that there was general assent in the com mittee, and I assented among others. That was the condition of the matter. I saw the gentleman from Nebraska here, and he had a right to submit his amendment. The gentleman from Texas [Mr. CONNER] offered his amendment, and the gentleman from Montana [Mr. CLAGETT] offered one, and I myself offered two amendments. The gentleman was here then, and had the right to exercise the privilege of offering an amendment if he saw fit. The amendment proposed by the gentleman from Texas resembled in many respects the amendment which the gentleman from Nebraska informed me he desired to offer, only the gentleman's amendment related to the Sioux Indians, and proposed that their annuities should be responsible for depredations committed by them. Am I correct in this? That was my understanding of it, and an amendment of the same kind was offered by the gentleman from Texas.

Mr. TAFFE. That is a very small portion of the amendment. I would still like to make my statement of the matter. The gentleman from California agreed that he would not let the reading of the bill go beyond a certain point without himself moving that the committee rise.

Mr. SARGENT. And I say that the bill never was read within twenty pages of that point. [Laughter.]

Mr. TAFFE. That makes no difference. Mr. GARFIELD, of Ohio. I desire to say that my colleague on the Committee on Appropriations, from California, when I suggested to him a method of expediting the consideration

The SPEAKER. The Chair will recognize the gentleman from Nebraska to offer his amendment, and it can be considered as pend ing.

Mr. SARGENT. I have no objection to that.

Mr. GARFIELD, of Ohio. Let it be done by unanimous consent.

Mr. COX. I hope so; it is only fair to the gentleman from Nebraska.

Mr. NIBLACK. I ought perhaps to say in justice to the gentleman from California that myself made the motion to dispense with the further reading of the bill and report it to the House, and I did so without consultation with him. I was wholly unconscious that it would involve him in embarrassment on account of any agreement he had made with the gentleman from Nebraska, or any other gentleman. made the suggestion, and it seemed to meet with so much favor in the committee that I submitted the motion which prevailed. If there was anything wrong in it, I am respons ible.

66

Mr. GARFIELD, of Ohio. Oh, we are all honorable men" here, and it is all right.

I

Mr. HALDEMAN. I believe unanimous consent is necessary to this understanding. The gentleman from Missouri who is near me [Mr. McCORMICK] heard me object and came to me and asked me to insist upon iny objec tion. As I did not desire to be disagreeable, and as so many gentlemen seemed to be in favor of the arrangement, I did not insist upon it.

But I for one do not approve of this mode of legislation, especially in reference to Indian appropriation bills. I would like to have this bill considered carefully all through.

The SPEAKER. If the gentleman had insisted upon his objection in Committee of the Whole this question would not have arisen now in the House. The Chair will again state, so that this may not become a precedent, that the House cannot take cognizance of any misunderstanding between members of a committee, except as the committee itself may, by its report, bring it to the attention of the House. The Clerk will now read the amendment proposed by the gentleman from Nebraska, [Mr. TAFFE.]

The Clerk read as follows:

Provided, That none of the payments provided for shall be made to tribes which are at war with the United States; but if portions of such tribes shall remain at peace and observe their treaty obligations, payments may be made to such parties pro rata, in the discretion of the Secretary of the Inte rior: And provided further, That all moneys or articles appropriated by this act shall be liable to the payment for depredations committed by any of the tribes named or contemplated.

Mr. TAFFE. I would like to make a brief statement. I said day before yesterday that as the law now stood no money appropriated by the Government, no article contributed by the Government to these Indians, was liable for

And

any depredation committed by them. In other words, all the depredations that they have here. tofore committed, and all that they may here. after commit, under the law and under the amendment framed, I believe, by the gentlemen who now has charge of this bill, [Mr. SARGENT,] were to be exempt from all claims whatsoever of citizens of the United States. in addition to that we make an appropriation to prosecute any citizen of any State or of the West who even pursues upon a reservation an Indian with a horse he has stolen. I hope I may not be misunderstood. That was voted down once in this House two years ago. But as the law certainly is now, though it is denied by the chairman of the Committee on Indian Affairs, [Mr. SHANKS,] we are to have no redress whatever; you can make no reprisal under penalty of the law; and there is an appropriation to punish you for pursuing upon a reservation an Indian with stolen property. That is the law of Congress to-day. I offer this amendment so that there shall not hereafter be a premium upon robbery and scalps on our western frontier.

Mr. SHANKS. The gentleman says I denied that that is the law.

Mr. TAFFE. You said it was not the law. Mr. SHANKS. In that the gentleman is mistaken. He asked what the remedy was, and I said that by the law of 1802, reenacted in 1834, the remedy was to apply to the Indian agents, and if the tribe refused redress then an application must be made to the President for payment for the injury done. He said that in 1859 the responsibility in that regard was taken off. I do not negative that fact. I do not recollect it.

Mr. TAFFE. I now ask the gentleman if I have not stated the law correctly, that there is no remedy.

Mr. SHANKS. This is what I want to say

now.

Mr. KERR. I rise to make a parliamentary inquiry.

The SPEAKER. The Chair will hear the gentleman.

Mr. KERR. I desire to inquire whether the two provisos of the amendment offered by the gentleman from Nebraska [Mr. TAFFE] cannot be voted on separately?

Mr. SHANKS. The last proviso would reenact the law which has been repealed.

The SPEAKER. The amendmeut is open to amendment, and the gentleman can move to amend it by striking out the second proviso. Mr. KERR. I make that motion.

Mr. SARGENT. I concur with the gentleman from Indiana [Mr. KERR] in the propri. ety of striking out the second proviso of this amendment. Congress, as I stated a moment ago, carefully considered that matter, and upon the report of the committee adopted the present system. It is better to prevent depredations by supplying the wants of the Indians, than to appropriate money to make payment for their depredations, to compensate those who have been depredated upon. The first proviso is even worse than that, so far as the present policy is concerned. There are appropriations in this bill nominally for the benefit of the Apaches of New Mexico, but they may be considered as really for the benefit of the white citizens of that Territory.

We have appropriated in the bill $250,000, to induce these tribes to go upon reservations and remain at peace. They are now at war against the Government of the United States. I think I am speaking within bounds when I say that at the present time there is, on the average, one murder of a white man committed in that Territory every day by Indians. We want to stop this condition of things. How shall we do it? We tried the thing with the Sioux, who were depredating upon the whites, committing murders and other outrages, and enacting deeds of fiendish cruelty. We appropriated nearly two million dollars in order to pacify to bribe, if you please--those twenty

thousand Indians. They are to-day at peace with the Government. The experiment has succeeded. But if there had been a provision in the law that none of the money appropriated should be expended upon any tribe, or part of a tribe, at war with the Government, the whole object would have been defeated, because the Interior Department would have been inhibited from paying one dollar to aid Indians who were at war.

Mr. TAFFE. Do you want to pay them for being at war?

Mr. SARGENT. We do not want to pay them for being at war, but we want to go there with supplies purchased with the money appropriated in this bill, and say to them, "Cease your depredations; go upon the reservations we have provided for you, and we will feed you. Do not steal the cattle of settlers or commit other depredations, but remain at peace, and you and your families shall not starve. The people of the United States are able to give you the means of subsistence; they are willing to act toward you with humanity if you will go upon the reservations and stay there, and conduct yourselves peaceably. Here is an earnest of our good intentions; here is a part of the goods which the Government has sent you." By such a policy we may secure peace with these Indian tribes. But if we put the money into the Treasury and say that until the Indians have become peaceable it shall not be expended for their benefit, we defeat the very object of the appropriation. It is for the very reason that they are at war that we want to go to them, and by means of the supplies we furnish them make them peaceable.

Mr. GARFIELD, of Ohio. You propose to buy a peace?

Mr. SARGENT. Yes, we propose to buy a peace with these Indians.

Mr. FARNSWORTH. And to buy it by presents, &c., given to them while they are still at war?

Mr. SARGENT. We propose to buy it under the circumstances as they exist. They are now in a state of hostility to the Government-partially or spasmodically at any rate. One month, perhaps, they may be living peacefully on their spoils; the next month they are on the war-path. We want to induce these Indians to become peaceable, like the Seminoles, or like the Creeks and Cherokees, for whom we are now talking about providing a territorial government; or like the Pottawatomies and Winnebagoes, who are citizens of the United States, though a generation and a half ago these Indians were carrying bloodshed and murder all over the Territories.

Mr. FARNSWORTH. Will the gentleman allow me to interrupt him?

Mr. SARGENT. I am always glad to yield to my friend from Illinois.

Mr. FARNSWORTH. From all that I have heard in listening to gentlemen who understand the character of the Indians, the ground of those who urge these appropriations seems to be that it is for the interests of the white people, for the preservation of their lives and property, as also that they may have a slice of these appropriations which have been munificently made by the Government, that the Indians should remain at peace with them. Now, if you make it necessary that the Indian tribes should be at peace with the whites before they receive any of these appropriations, you secure the earnest efforts of the white settlers to keep the Indians upon their good behavior, and also make it the interest of the Indians that they shall be upon their good behavior in order to get the money. More than half-probably nine tenths-of all the troubles arising with the Indians originate with the whites. I may state the proportion too largely ; but at any rate, these troubles, to a great extent, originate in trespasses committed by the whites upon the Indians. If you say to the white man as well as to the Indian, that none of this money shall be appropriated unless there I

||

is peace between the Indians and the whites, you put them all upon their good behavior. Mr. SARGENT. I resume the floor for a moment, for the purpose of saying that the principal obstacle which has been met with in carrying out the humane policy of the Government is in the mistaken ideas of the frontiersmen. My friend from Texas [Mr. CONNER] represents fairly the opinion of the great body of the white people upon the Texas frontier. And if you go into the Territory of Arizona, or into some parts of my own State, you will there find people insisting just as earnestly, and in equally good faith, that it is impossible to keep the Indian at peace; that the only good Indian is the dead one. Now the Government does not think so, and it is not the policy of this bill. I think that will be the effect of the amendment, and I therefore call for the previous question.

Mr. CONNER. I regard this as one of the most important measures which can come before Congress, and as I intend to insist on the demand for the yeas and nays, I now move the House adjourn so as to take the vote to morrow when the House is full.

Mr. SARGENT. I have no objection to taking the vote to-morrow, if that will accommodate the gentleman.

Mr. CONNER. Let it go over until to-morrow. It is too important a measure to be voted on when there is no quorum in the House.

Mr. SARGENT. I insist on my demand for the previous question.

Mr. CONNER. I insist on my motion to adjourn.

The House divided; and there were-ayes 38, noes 59.

Mr. CONNER. I demand the yeas and nays.

The SPEAKER. The Chair will order tellers. The previous question had in fact been ordered, but was waived in order to allow the amendment of the gentleman from Nebraska [Mr. TAFFE] to be offered; and if there be no objection the Chair will consider the previous question seconded and the main question

ordered.

The following petitions, &c., were presented under the rule, and referred to the appropriate committees:

By Mr. ACKER: The remonstrance of R. W. Pascoe and 101 others, workers in the Lehigh zinc mines of Lehigh and Northampton counties, Pennsylvania, against any change in the tariff laws abating duties on articles successfully produced in this country, urged by the Free-Trade League, and praying the repeal of all duties on tea, coffee, and such other articles as cannot be produced in the United States, and also such adjustment of duties as will encourage and defend every home industry and foster the honor and interests of the American laborer.

Also, the remonstrance of Charles G. Weiss and 516 others, workers in the Allentown rolling mill, of Allentown, Lehigh county, Pennsylvania, against the change in the tariff laws abating duties on articles successfully produced in this country, urged by the Free-Trade League, and praying the repeal of all duties on tea, coffee, and such other articles as cannot be produced in the United States, and also such adjustment of duties as will encourage and II

defend every home industry and foster the honor and interests of the American laborers.

By Mr. AVERILL: The petition of merchants of Minnesota, for a modification of the tariff on certain kinds of sugar.

By Mr. BECK: The petition of William M. Coffey, guardian of John T. and William S. McGuire, children of Benjamin F. McGuire, deceased, of Lincoln county, Kentucky, praying that a pension be granted to them in consequence of the services of their father as a soldier in the Army of the United States in the late war.

By Mr. BIGGS: The remonstrance of Archibald Crozier and 68 others, workers in Pasey Brothers' factory, and others, of Wilmington, Delaware, against the change in the tariff laws abating duties on articles successfully produced in this country, urged by the Free Trade League, and praying the repeal of all duties on tes, coffee, and such other articles as cannot be produced in the United States, and also such adjustment of duties as will encourage and defend every home industry and foster the honor and interests of the American laborer.

Also, the remonstrance of John P. Edwards and 46 others, workers in machine and other shops at Wilmington and vicinity, Delaware, against the change in the tariff laws abating duties on articles successfully produced in this country, urged by the Free-Trade League, and praying the repeal of all duties on tea, coffee, and such other articles as cannot be produced in the United States, and also such adjustment of duties as will encourage and defend every home industry and foster the honor and interests of the American laborer.

By Mr. CLARKE, of New York: The petitions of the officers and trustees of the Rochester Savings Bank and the Mechanics' and East Side Savings Bank, of the city of Rochester, New York, in favor of abolishing the tax on deposits.

Also, the petition of manufacturers and dealers in tobacco, in favor of a uniform tax of sixteen cents per pound.

Also, the petition of dealers in wine and liquors, in favor of a change in the mode of

taxation.

By Mr. ELY: The petition of the Equitable Savings Bank of New York, for the repeal of the tax on deposits.

Also, the petition of S. Funke, for the removal of the tax on cigars manufactured for export.

Also, the petition of Catherine Ferry, for a pension.

By Mr. FARNSWORTH: The petition of citizens of Aurora, Illinois, for the repeal of the duties on tea, coffee, &c.

By Mr. GARFIELD, of Ohio: The petition of William Oliver and 28 others, soldiers, of Belmont county, Ohio, praying the equalization of bounty money and for bounty land.

Also, the petition of William O. Reed and 29 others, soldiers, of Belmont county, Ohio, asking the equalization of bounty and for bounty land.

By Mr. GETZ: The remonstrance of John L. Seibert and 45 others, manufacturers of cigars, &c., of Womelsdorf, Pennsylvania, against the change in the tariff laws abating duties on articles successfully produced in this country, urged by the Free-Trade League, and praying the repeal of all duties on tea, coffee, and such other articles as cannot be produced in the United States, and also such adjustment of duties as will encourage and defend every home industry and foster the honor and interests of the American laborer.

By Mr. GRIFFITH: The petition of Colone! D. C. McCoy and 95 others, citizens of Pennsy!vania, and late officers and soldiers in the Army of the United States, praying the passage of an act giving all soldiers, sailors, and marines who enlisted in the service of the United States for the suppression of the late rebellion, and who have an honorable discharge, and to the heirs of those that are deceased, $8 333 per month

for the entire time served, deducting all Government bounty heretofore paid; also, to amend the twenty-fifth section of the act approved July 15, 1870, so as to allow soldiers and sailors to enter the amount of land therein allowed without the requirements of settlement and cultivation.

Also, the remonstrance of James Robinson and 50 others, workmen in Kimberly & Filer's coal bank, of Hickory township, Mercer county, Pennsylvania, against the change in the tariff laws abating duties on articles successfully pro duced in this country, and praying the repeal of all duties on tea, coffee, and such other articles as cannot be produced in the United States, and also such adjustment of duties as will encourage and defend every home industry and foster the honor and interests of the American laborer.

By Mr. HALDEMAN: The petition of numerous citizens of Wrightsville, York county, Pennsylvania, against a change of existing tariff laws, in so far as they protect American industry, and in favor of the repeal of all duties upon tea and coffee.

By Mr. HAMBLETON: The petition of Captain Samuel M. Traverse, L. F. Kerwin, and 200 others, citizens of Dorchester county, Maryland, engaged in the boating business, praying that the said county may be included in the Baltimore city customs district instead of the Crisfield district, as at present.

Also, the memorial of Dr. H. R. Pitts and 100 others, citizens of Worcester county, Maryland, praying a survey of the bay or sound extending from the Delaware line through Worcester county to Chincoteague inlet, in Virginia, with a view to removing obstructions.

By Mr. KELLEY: The remonstrance of W. H. McMillan and 473 others, workers in the Pascal iron-works, Philadelphia, Pennsylvania, against the change in the tariff laws abating duties on articles successfully produced in this country, urged by the Free-Trade|| League, and praying the repeal of all duties on tea, coffee, and such other articles as cannot be successfully produced in the United States, and also such adjustment of duties as will encourage and defend every home industry and foster the honor and interests of the American laborer.

Also, the remonstrance of Henry R. Green and 60 others, workers in the Berkshire mills, of Philadelphia, Pennsylvania, against the change in the tariff laws abating duties on articles successfully produced in this country, urged by the Free Trade League, and praying the repeal of all duties on tea, coffee, and such other arti cles as cannot be produced in the United States. and also such adjustment of duties as will encourage and defend every home industry and foster the honor and interests of the American laborer.

Also, the remonstrance of Edward L. Carey and 50 others, members of the White Hall Agricultural Association of Frederick county, Virginia, against the change in the tariff laws abating duties on articles successfully produced in this country, urged by the Free-Trade League, and praying the repeal of all duties on tea, coffee, and such other articles as cannot be produced in the United States, and also such adjustment of duties as will encourage and defend every home industry and foster the honor and interests of the American laborer.

Also, the remonstrance of William Righter and 79 others, workers in the Tacony chemical works of Philadelphia, Pennsylvania, against the change in the tariff laws abating duties on articles successfully produced in this country, urged by the Free-Trade League, and praying the repeal of all duties on tea, coffee, and such other articles as cannot be produced in the United States, and also such adjustment of duties as will encourage and defend every home industry and foster the honor and interests of the American laborer.

By Mr. KELLOGG: The petition of Josiah

Reab, for an amendment to the pension law for surviving soldiers in the war of 1812.

By Mr. LYNCH: The petition of Mrs. Mary A. Chute, of Naples, Maine, praying a pension.

By Mr. MONROE: The petition of Judge Edward Hall and 97 others, citizens of Holmes county, Ohio, praying Congress to retain the present protective duties upon American industry.

By Mr. NIBLACK: The memorial of J. A. Leruke and 84 others, citizens of Indiana, praying Congress to grant aid to the Western Iron Boat Building Company.

By Mr. PACKER: The petition of Colonel David Taggart and others, officers of the Army of the United States, praying an increase of the pay and salary of paymasters' clerks.

By Mr. E. H. ROBERTS: The petition of citizens of Oneida county, New York, for the repeal of the duty on salt.

By Mr. SHOEMAKER: Sundry petitions of citizens of Bedford county, Pennsylvania, praying the passage of House bill No. 660, granting bounty lands to certain persons engaged in the military and naval service of the United States from and after the 4th day of March, 1861.

By Mr. SLOSS: The petition of officers of the Methodist Episcopal church at Decatur, Alabama, asking compensation for their house of worship, which was destroyed by the United States Army during the late war between the States.

By Mr. STORM: The remonstrance of S. E. Schoonour and 26 others, workmen of Weatherly, Carbon county, Pennsylvania, against the change in the tariff laws abating duties on articles successfully produced in this country, urged by the Free-Trade League, and praying the repeal of all duties on tea, coffee, and such other articles as cannot be produced in the United States, and also such adjustment of duties as will encourage and defend every home industry and foster the honor and interests of the American laborer.

Also, the petition of 75 citizens of the State of Pennsylvania, and late soldiers of the Army of Usylvania, and, lasting pof the act giving to all soldiers, sailors, and marines who served during the late war, and to the heirs of those now deceased, the sum of $8 33 per month for the entire time served, deducting all bounties heretofore paid, and to change the law of July 15, 1870, so as to allow soldiers and sailors to enter the amount of lands therein allowed without the requirements of settlement and cultivation.

Also, the remonstrance of Abraham Schropp and 967 others, workers in the Bethlehem ironworks, of Bethlehem, Pennsylvania, against the change in the tariff laws abating duties on articles successfully produced in this country, urged by the Free-Trade League, and praying the repeal of duties on tea, coffee, and such other articles as cannot be produced in the United States, and also such adjustment of duties as will encourage and defend every home industry and foster the honor and interests of the American laborer.

By Mr. SWANN: The memorial of the Choctaw nation, relative to their claim to the net proceeds of their lands ceded to the United States by the treaty of Dancing Rabbit creek.

Also, two petitions from business firms in the city of Baltimore, Maryland, praying the repeal of the duty on salt.

By Mr. TWICHELL: The petition of Franklin Curtis, for an American register for brig M. L. B.

By Mr. WALLACE: The memorial of the Charleston Chamber of Commerce, praying Congress to restore the cotton tax.

By Mr. WALDRON: The petition of Benjamin H. Curtis and others, of Monroe county, Michigan, soldiers in the late war, asking the passage of an act giving to all soldiers $8 334 per month for the time served, after deducting any Government bounty already paid.

HOUSE OF REPRESENTATIVES.
FRIDAY, February 2, 1872.

The House met at twelve o'clock m. Prayer by the Chaplain, Rev. J. G. Butler, D. D. The Journal of yesterday was read and approved.

SESSION OF SATURDAY.

Mr. RANDALL. Mr. Speaker, I rise to a privileged question. I move that when the House adjourns to-day it be to meet on Monday. I make this motion with a view to an understanding being come to whether we shall adjourn over, or whether there shall be a session to-morrow for debate only.

Mr. GARFIELD, of Ohio. I think there are some gentlemen who would like to speak to-morrow. I therefore move that the session of to-morrow be for debate only as in Committee of the Whole, no business whatever to be transacted; I shall be quite satisfied if that is agreeable to the House.

The motion of Mr. GARFIELD, of Ohio, was agreed to.

Mr. GARFIELD, of Ohio, moved to reconsider the vote by which the motion was agreed to; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

ORGANIZATION OF INDIAN TERRITORY.

Mr. SHANKS, by unanimous consent, presented a protest of the Choctaw nation against the organization of the Indian territory into a territorial or State government; which was referred to the Committee on Indian Affairs, and ordered to be printed.

INTERNAL TAXES.

Mr. PECK, by unanimous consent, introduced a bill (H. R. No. 1333) to amend section thirty-five of an act entitled, "An act to reduce internal taxes, and for other purposes;" which was read a first and second time.

Mr. PECK. I desire to have the bill put upon its passage now.

The SPEAKER. The bill will be read for information, after which objections, if any, will be in order.

The bill was read. It proposes to extend the privileges of the act entitled "An act to reduce internal taxes, and for other purposes," approved July 14, 1870, to the port of Toledo, in the State of Ohio.

The bill was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed.

Mr. PECK moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the table. The latter motion was agreed to.

CHICAGO RELIEF.

Mr. FINKELNBURG. I ask unanimous Board of Trade, for reference to the Commitconsent to present a memorial of the St. Louis tee of Ways and Means. I desire to have the memorial read.

The memorial was read, as follows:

ST. LOUIS, MISSOURI., February 1, 1872. Hon. A. FINKLENBURG and Hon. ERASTUS WELLS: Please have the following preamble and resolutions presented to both Houses of Congress at the earliest practicable moment.

By order of the St. Louis Board of Trade: B. R. BONNER, President. "Whereas a bill is now pending in the Congress of the United States which provides for the importation into the port of Chicago certain goods, wares, and merchandise free of duty, for the purpose of extending aid to the sufferers in the burnt district in said city: Therefore,

"Be it resolved, That the merchants, manufacturers, and importers of St. Louis, through their Board of Trade, respectfully represent that the pro

posed mode of relief is impracticable and unjust in this, that it would unsettle values, complicate the

collection of the revenue, open the way to fraud, and place the burden of relief upon a few classes that should be borne equitably and alike by all.

"2. Resolved, That any aid that Congress in its wisdom may deem proper to extend, should be by direct appropriation from the national Treasury, by which process Congress and the whole country will know the exact amount contributed, and every interest will bear its proportion of a national tax to rebuild Chicago.

"3. Resolved, That the president of this board is hereby requested to transmit to the President of the Senate, Speaker of the House, and the congressional delegation from this State, a copy of these resolutions."

The memorial was referred to the Committee of Ways and Means.

JAMES DE LONG.

Mr. FRYE, by unanimous consent, reported back from the Committee of Claims the petition of James De Long for compensation, and moved that that committee be discharged from the further consideration of the petition, and that it be referred to the Committee on Foreign Affairs.

The motion was agreed to.

J. W. QUINN.

Mr. MOORE, by unanimous consent, introduced a bill (H. R. No. 1334) for the relief of J. W. Quinn; which was read a first and second time.

Mr. MOORE. I ask unanimous consent to have the bill put upon its passage.

The bill was read for information. It directs the Secretary of the Interior to place on the pension-rolls, subjeet to the provisions and limitations of the pension laws, the name of J. W. Quinn, late a first lieutenant of the United States revenue marine, and pay him a pension to commence from and after the passage of this act.

Mr. MOORE. I ask that the report in this case be read.

The report was read, as follows:

The claim for invalid pension in the case of John W. Quinn, late a first lieutenant in the United States revenue marine, is one of a class for which no provision is made by law. If a pension is granted to this claimant it must be considered among those which are denominated as gratuitous pensions. Such pensions should be granted with extreme caution, and the evidence should show the particular case to be peculiarly meritorious, and such cases should stand by themselves, and not be considered, when granted, in the light of forming precedents for future action. The Government has, however, from its foundation been in the habit of granting such pensions when the case has appeared to be one of superior merit. The present case we think one of this character. Captain Quinn is an old salt whose whole career, of about twenty-five years, while in the merchant marine and United States revenue marine, has been one of singular usefulness and marked by the highest possible integrity. The old gentleman, now sixty-eight years of age, is the very personification of cleverness and honor; just such a man as any arm of the Government service might be proud of. In 1861 he was crippled by a fall while in the line of duty which permanently disabled him for active sea service. He is now very poor and unable to procure, by his own exertions, a subsistence for his family, consisting of himself, his aged wife, and two children, still dependent upon him for support. His son, a noble and gallant young naval officer, fell in the late war, on whose account the dependent mother would be entitled to a pension; but the sensitive mother absolutely declines to apply on account of the death of her boy.

To Captain Quinn his country is his idol. He has served it with singular fidelity and honesty, and has truly been an ornament to the service. This Government can lose nothing by recognizing in some substantial way such singular virtue in an old public servant; besides, he is now quite old, and cannot, in the course of nature, long continue to enjoy this gratuity. The committee, therefore, recommend the passage of the following bill for his relief.

The bill was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed.

Mr. MOORE moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

JAMES KEENON.

Mr. FOSTER, of Pennsylvania, by unanimous consent, introduced a joint resolution (H. R. No. 94) to amend the joint resolution for the relief of James Keenon, late consul at Hong Kong, China, approved February 18, 1867; which was read a first and second time, referred to the Committee on Foreign Affairs, and ordered to be printed.

CHEROKEE NEUTRAL LANDS. Mr. LOWE. I ask unanimous consent to present, for reference to the Committee on

Indian Affairs, a memorial of the Legislature of the State of Kansas, in behalf of settlers on the Cherokee neutral lands, and I desire to have the memorial read.

The memorial was read, as follows:

Be it resolved by the House of Representatives, (the Senate concurring therein,) 1. That the Congress of the United States is earnestly requested to pass such laws as may secure bona fide settlers upon the Cherokee neutral lands the full benefit of the homestead and preëmption laws, and also secure to the State the sixteenth and thirty-sixth sections of lands in each township throughout the State, for school purposes.

2. That our Representatives and Senators in Congress are urged to use their best efforts to secure such legislation as will accomplish the above object.

3. That the secretary of State is hereby instructed to transmit a copy of the above resolutions to each member of the Kansas congressional delegation. Adopted by the house January 23, 1872. A. R. BANKS, Chief Clerk House of Representatives. Concurred in by senate January 23, 1872. GEORGE C. CROWTHER, Secretary. The memorial was referred to the Committee on Indian Affairs.

TRADE STATISTICS.

Mr. LYNCH, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to:

Resolved, That the Secretary of the Treasury be directed to furnish this House with the following statistics, namely: the amount of tonnage and value of cargoes representing the trade of the United States for the year 1870 with the west coast of Mexico and Central America, west coast of South America, Sandwich Islands, islands of the Pacific, Australia and New Zealand, China, Japan, and British, Dutch, and Spanish East Indies; also between the States

TAFFE'S amendment as amended, which was as follows:

Provided, That none of the payments provided for shall be made to tribes which are at war with the United States; but if portions of such tribes shall remain at peace and observe their treaty obligations payments may be made to such parties pro rata, under the direction of the Secretary of the Interior.

The question was put, and the amendment was disagreed to.

The bill, as amended, was then ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed.

Mr. SARGENT moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

Mr. SARGENT. I move to amend the title of the bill by striking out the words "socalled."

The amendment was agreed to.

COLLEGE OF WILLIAM AND MARY.

The SPEAKER. The morning hour now begins, at thirty-one minutes past twelve o'clock, and this being Friday, the committees will be called for reports of a private nature, and reports of that character are in order from the Coinmittee on Education and Labor.

Mr. PERCE, from the Committee on Education and Labor, reported a bill (H. R. No. 1335) to reimburse the College of William and Mary, in Virginia, for property destroyed dur

a first and second time.

The question was upon ordering the bill to be engrossed and read a third time.

Mr. PERCE. I call for the regular order.

INDIAN APPROPRIATION BILL.

The SPEAKER. The regular order being demanded, the House resumes the consideration of the bill (H. R. No. 1192) making appropriations for the current and contingent expenses of the Indian department, and for fulfilling so-called treaty stipulations with various Indian tribes for the year ending June 30, 1873, and for other purposes, reported last evening from the Committee of the Whole on the state of the Union with sundry amend. ments, and the pending question is upon the amendment of the gentleman from Indiana [Mr. KERR] to the amendment of the gentleman from Nebraska, [Mr. TAFFE.]

Mr.TAFFE's amendment was read, as follows: Provided, That none of the payments provided for shall be made to tribes which are at war with the United States; but if portions of such tribes shall remain at peace and observe their treaty obligations payments may be made to such parties pro rata, under the direction of the Secretary of the Interior: And provided further, That all moneys or articles appropriated by this act shall be liable to the payment for depredations committed by any of the tribes named or contemplated.

The amendment of Mr. KERR was to strike out the second proviso, which is as follows:

And provided further, That all moneys or articles appropriated by this act shall be liable to the payment for depredations committed by any of the tribes named or contemplated.

The question was put; and there were—ayes 79, noes 29; no quorum voting. Mr. TAFFE. I call for the yeas and nays. The yeas and nays were not ordered. Tellers were ordered; and Mr. TAFFE and Mr. KERR were appointed.

The House divided; and the tellers reported-ayes 107, noes 15.

So the amendment to the amendment was agreed to.

The question recurred upon agreeing to Mr.

The bill was read. It directs the Secretary of the Treasury to pay to the College of William and Mary, in Virginia, the sum of $65,000 out of any money in the Treasury not otherwise appropriated, to reimburse the college for the destruction of its buildings and other property, destroyed without authority by disorderly soldiers of the United States during the late rebellion, no money to be paid except upon account of such destruction and damages caused thereby, duly verified and proven.

Mr. BLAIR, of Michigan. I make the point of order that the bill contains an appropriation, and must have its first consideration in the Committee of the Whole.

The SPEAKER. The point of order is well taken, and the bill is referred to the Committee of the Whole on the Private Calendar.

Mr. PERCE. I move that the House now resolve itself into Committee of the Whole for the purpose of considering this bill. Pending that motion I move that all general debate thereon be limited to forty minutes.

The SPEAKER The Chair will inform the gentleman from Mississippi [Mr. PERCE] that his motion cannot be put in that precise form. The gentleman moves that the House now resolve itself into Committee of the Whole for the consideration of this bill. The House must go into Committee of the Whole for the consideration of the Private Calendar. Chair is not aware, at this present moment, whether there are any bills on the Private Calendar preceding this or not; if there are any, they must be first considered when the House shall go into Committee of the Whole.

The

The question was upon going into Committee of the Whole on the Private Calendar; and upon a division, there were-ayes 86, noes 50.

Before the result of the vote was announced, Mr. FARNSWORTH and Mr. CONGER called for tellers.

Tellers were ordered; and Mr. FARNSWORTH and Mr. PERCE were appointed.

The SPEAKER. The Chair has the Private Calendar before him. There is no bill thus far this session referred to the Committee of the Whole and placed on the Private Calendar except this one; therefore, should the House

now go into Committee of the Whole, this bill will be the first for considération.

The House again divided; and the tellers reported that there were-ayes 89, noes 37. So the motion was agreed to.

The House accordingly resolved itself into the Committee of the Whole on the Private Calendar, Mr. L. MYERS in the chair.

The CHAIRMAN. The Clerk will report the first and only bill on the Private Calendar.

The Clerk reported the bill, which was a bill (H. R. No. 1335) to reimburse the College of William and Mary, in Virginia, for property destroyed during the war of the rebellion.

Mr. PERCE. I will now yield to the gentleman from Massachusetts [Mr. HOAR] for twenty minutes.

Mr. HOAR. This is a very important and interesting bill

Mr. HOLMAN. I rise to a parliamentary inquiry. Is not this objection day, and if so, what number of objections are necessary to prevent the consideration of this bill on this call? The CHAIRMAN.. This is objection day. Mr. FARNSWORTH. Does not the rule require five objections?

The CHAIRMAN. On the second call five objectors are required; on the first call only one is required.

Mr. FARNSWORTH. I object under the first call.

The CHAIRMAN. The Calendar will again be called.

Mr. HOAR. I rise for the purpose of calling the attention of the Chair to the fact that the House had gone into Committee of the Whole on the Private Calendar, the only bill on the Calendar was read, the gentleman from Mississippi [Mr. PERCE] was recognized, and he was allowed to yield the floor to me; thereupon I addressed the Chair, was recognized in my turn, and had proceeded with a sentence of my remarks before the point was raised that this is objection day. I claim that it is too late now to object.

Mr. FARNSWORTH. But it had not been announced that this was objection day, nor was objection called for.

The CHAIRMAN. The Chair thinks the objection was in time. There being, however, but one bill on the Private Calendar, the Clerk will report that bill again, when it will require five objectors to prevent its consideration today.

The Clerk accordingly reported the bill (H. R. No. 1335) to reimburse the College of William and Mary, in Virginia, for property destroyed during the war of the rebellion.

The CHAIRMAN. Are there five members of this committee who object to the consideration of this bill at this time?

Mr. GARFIELD, of Ohio, Mr. DAWES, Mr. SHELLA BARGER, Mr. FARNSWORTH, Mr. BLAIR, Mr. CONGER, and others, objected.

The CHAIRMAN. The bill cannot be considered to-day.

Mr. HOAR. I desire to appeal from the decision of the Chair on the question whether the right of objection obtains after I had begun my remarks.

The CHAIRMAN. The Chair would suggest to the gentleman from Massachusetts [Mr. HOAR] that his bill is in order under the next call on private bill day.

Mr. HOAR. I desire to inquire whether the bill must, when objected to a second time, go over until another day?

The CHAIRMAN. It will be first on the Private Calendar when the House again goes into Committee of the Whole on the Private Calendar.

Mr. HOAR. I ask the Chair whether that call takes place to-day or on some future day?

The CHAIRMAN. On some future day. The Chair will say to the gentleman from Massachusetts, however, that when the Private Calendar is again reached in Committee of 42D CONG. 2D SESS.-No. 50.

the Whole this bill will not only be first upon the Calendar, but it must be considered at that time.

Mr. HOAR. I desire to proceed with the discussion of the bill to-day, and I appeal from the decision of the Chair. I wish to call the attention of the Chair to the fact I had begun my remarks

Mr. FARNSWORTH. I object to discussion.

The CHAIRMAN. The gentleman from Massachusetts [Mr. HOAR] appeals from the decision of the Chair.

Mr. DAWES. Is that question debatable? The CHAIRMAN. In the opinion of the Chair it is not.

Mr. HOAR. I withdraw the appeal.

Mr. GARFIELD, of Ohio. Let the rule in regard to objections be read for information. The CHAIRMAN. The Clerk will report the rule.

The Clerk read as follows:

"On the first and fourth Friday and Saturday of each month the Calendar of private bills shall be called over, (the chairman of the Committee of the Whole House commencing the call where he left off the previous day.) and the bills to the passage of which no objection shall then be made shall be first considered and disposed of. But when a bill is again reached, after having been once objected to, the committee shall consider and dispose of the same, unless it shall be again objected to by at least five members."

Mr. PERCE. I desire to ask a question. When the House again goes into Committee of the Whole upon the Private Calendar, this bill will come up, as I understand?

The CHAIRMAN. It will, and must then be considered, the right of objection having

been now exhausted.

Mr. PERCE. Then I would suggest that the appeal be withdrawn.

Mr. HOAR. I have withdrawn the appeal. Mr. PERCE. I move that the committee now rise.

The motion was agreed to.

So the committee rose; and the Speaker having resumed the chair, Mr. L. MYERS reported that the Committee of the Whole on the Private Calender, having had under consideration the Private Calender, had come to no resolution thereon.

Mr. HOAR. I rise to a parliamentary inquiry: is it in order to move to go again into Committee of the Whole on the Private Calendar, and if that motion be agreed to, will the bill which has just been objected to be in order?

The SPEAKER. It is not in order to go into Committee of the Whole on the Private Calendar to consider that bill, because the rule which has been read applies to the first and fourth Friday of each month; and the day of the week is not changed by coming out of committee. The intention of the rule is to give

time to the House to consider bills of this char

acter. The motion of the gentleman from Massachusetts [Mr. HOAR] would be in order to-morrow, or next Friday, or any subsequent Friday. The bill upon which discussion has been had in Committee of the Whole will then be the first on the Private Calendar, and must be considered, the power of objection upon the two calls having now been exhausted.

Mr. SHANKS. I ask unanimons consent to submit an amendment to go with that bill. The SPEAKER. The bill is not before the House, but in Committee of the Whole. Reports of a private nature are still in order.

LEVI BISSELL.

Mr. L. MYERS, from the Committee on Patents, reported a bill (H. R. No. 1336) for the relief of Levi Bissell; which was read a first and second time.

The bill, which was read, authorizes the Commissioner of Patents to grant a rehearing of the application of Levi Bissell for the extension of letters-patent granted to him August 4, 1857, for trucks for locomotives engines, upon the testimony in said application or on file; and

the Commissioner is authorized to revive and extend the letters-patent in accordance with the provisions of the original grant thereof, for the further term of seven years from and after August 4, 1871, notwithstanding the original term for which letters patent were granted had expired, and the patentee had patented the invention in foreign countries, and such foreign patents had expired before August 4, 1871, if, in the judgment of the Commissioner, the patentee was the original inventor of the invention described in the letters-patent, and the patentee has failed, without neglect or fault on his part, to obtain from the use and sale of the invention a reasonable remuneration for the time, ingenuity, labor, and expenses bestowed upon the same and the introduction thereof into use; provided that such extension of the patent shall not affect the right of continued use of the patented improvement by any person who, since August 4, 1871 and prior to the approval of this act, may have procured, and at the time of such approval shall be using, said patented improvement.

The SPEAKER. Before proceeding further with this bill, the Chair desires to make a remark touching private bills, because the case comes up frequently. The rule enforced this morning applies only to two Fridays in the month, the first and the fourth Fridays, which under the rule are objection days. The case this morning was not one of frequent occurrence, and the bill this morning obtained the singular advantage of being called first for a single objection, and then again for five objections under the rule on the same day, by reason of the fact that there was no other bill upon

the Private Calendar. It is not within the

knowledge of the present occupant of the Chair when before any private bill was called in the same day for one objection, and then for five objections, as was the case on the bill this morning. There was nothing in the rule to prevent it. On the first call of the Calendar one objection suffices, but on the second call five objections are required to put a bill over. The second call generally occurs very long afterward, and very rarely do the two calls occur on the same day.

Mr. DAWES. That arose from the fact there was but one bill upon the Calendar.

The SPEAKER. Certainly. There is nothing in the rule to prevent the two calls on the same day, although the Chair is of the opinion the spirit of the rule was intended to apply to different days. The gentleman from Massachusetts, [Mr. DAWES,] the senior member of the House, can scarcely remember of a case where the two calls took place on the same day.

Mr. DAWES. I do not before to day. The history of the rule is a very interesting one.

There used to be from three to four hundred

private bills on the Calendar, and on objection day one member would sit in his seat all day and object to everything. This rule has been made since I have been in Congress. Before, a single objection would prevent any bill being taken up, and as the result of experience five objections were required on the second call. But we never before got through with the Calendar in one day.

Mr. L. MYERS. I hope the Committee on Patents will have an extension of five minutes for this.

The SPEAKER. Certainly.

Mr. PERCE. Will it be in order for me next Friday to move to go into Committee of the Whole House on the Private Calendar? The SPEAKER. It will.

Mr. PERCE. Then I give notice I shall make that motion.

The bill reported from the Committee on Patents was ordered to be engrossed and read a third time; and being engrossed, it was accordingly read the third time, and passed.

Mr. L. MYERS moved to reconsider the vote by which the bill was passed; and also