Mr. BUTLER. I will turn to it when I get through and satisfy the gentleman. I say that upon this matter the whole question is now to be determined whether we are to hold our control over the expenditures of the Government or not. If this gentleman has got a claim for fifteen or eighteen thousand dollars, let him go to the Committee of Claims, and if he shows a just one I will vote for it; but my proposition is that you shall not force through an appropriation of $78,000 by the Senate on the pretense of paying an honest man $18,000 out of it.

Again, sir, I want another principle tested just here, and I would not take up the time of the House if it were not a very important matter. I want it understood whether the Senate of the United States, and the President of the United States, can control the expenditures of this Government, without the consent of this House, by treaties? If they can, there is an end to this Government in the form in which it was first launched by our fathers. If they can properly, as it is claimed, appropriate $20,000 under the Osage treaty they can appropriate $2,000,000; if they can appropriate $2,000,000, then they can appropriate $7,500,000 for Alaska; if they can appropriate $7,500,000 for Alaska, they can appropriate $7,500,000 for St. Thomas; and if they can appropriate $7,500,000 for St. Thomas, they can appropriate $1,000,000,000 for Mexico.

Mr. HIGBY. Will the gentleman allow me to ask him a question?

Mr. BUTLER. I will yield for a question simply.

Mr. HIGBY. I would ask the gentleman if the Committee on Appropriations have not been asking Congress to appropriate money under treaties made with Indians all through this session, and if they do not do it every session of Congress-treaties made by the Executive and sanctioned by the Senate without regard to the House?

Mr. BUTLER. Certainly we have, and so much the worse for us. I agree that we have, and we have felt ourselves obliged to do it. But that is another question. The question here is whether the Senate can say we shall appropriate so much money. I say no, and the moment this House gives up its control over this matter we might as well give up all control over the expenditures, because by a reciprocity treaty with any nation the Senate can control all our revenues and by another treaty they can control all our expenditures and this House becomes substantially useless as the constitutional keeper of the taxes of the people.

Mr. MAYNARD. Will the gentleman tell me how it is possible for the nation to make contracts with another nation?

Mr. BUTLER. No, sir; I will not go into that.

Mr. MAYNARD. Will he tell me if he thinks it possible for us to deal in this way with the powerful nations of the earth without involv ing ourselves at once in war and international complications?

Mr. BUTLER. When we get to be so poor and so weak as to have, in dealing with the other nations of the world, to pay tribute to them by treaty to keep them good-natured, then I am for fighting. But I deny that we are under obligations to any nation on the earth to make any treaty to pay money, and it is wholly against the theory of this Government that we should be making treaties to pay money. We have been making treaties with the Indians to do what? To take care of them and to buy their lands; and a more iniquitous system never was heard of. I yield now to the gentleman from Illinois, [Mr. Washburne.]

Mr. WASHBURNE, of Illinois. I only desire a moment to state to the House the

views by which I was governed in regard to this bill. The bill is sent to us from the Senate with an appropriation of $78,000, which, it is alleged, is a deficiency under existing laws, for which Congress is obliged to appropriate money. We find that it is no deficiency. We find that the Secretary of the Interior, without authority of law, for some purpose, probably a good one, known to himself, made a contract with a party from Iowa with regard to the survey of lands. It was done without authority of law, and it was his business to know that when he made the contract. The bill when it came from the Senate was sent to the Committee on Appropriations. The Committee found there was no law authorizing this appropriation to be made, and they directed this report to be made, as I supposed, unanimously. I did not suppose the gentleman from Maine [Mr. BLAINE] was opposed to it, but I understand now that he was.

Mr. SPALDING. Yes; and there is another member of the committee here who knew nothing about it.

Mr. WASHBURNE, of Illinois. There was a majority of the committee, and there was no objection to the report made by the gentleman from Massachusetts [Mr. BUTLER] that there was no authority of law for this. The question is, is the House to pass upon this question in this way? This is nothing but a private claim. If this man has doue the work let him go with his account before the Committee of Claims; let him introduce his testimony there, and let that committee report upon the claim. But to come in here under the guise of a deficiency, when there is no deficiency, and undertake to load down our appropriation bill with $78,000, I say is an outrage. I ask gentlemen where they expect to land if they go on with appropriations day after day in this way, if the Committee on Appropriations are to be overruled in this way, and if every effort for economy which we make is to be nullified by the House?

Mr. ALLISON. I wish to ask the gentleman if it is not the fact that this money is now in the Treasury, as proceeds of the sales of these identical lands so surveyed? And before the gentleman answers that question, I wish to say that I know nothing about any portion of this bill, except the amount I have spoken of; and I knew nothing of that until a few days ago, when this man came to my room and explained his case fully to me.

Mr. WASHBURNE, of Illinois. I know nothing about these parties. It seems that not only one but more are interested in this case. And because my friend from lowa [Mr. ALLISON] has a constituent interested in it, he comes in here and asks us to appropriate $78,000 in this bill.

Mr. ALLISON. I do not ask any such thing. I only ask that this bill shall be recommitted to the Committee on Appropriations, and that they shall examine the case.

Mr. WASHBURNE, of Illinois. Very well. Then I will suggest to my colleague on the Committee on Appropriations [Mr. BUTLER] to let this bill take that course; to let it go back to the Committee on Appropriations, and let us have a thorough sifting of this whole matter in connection with this extraordinary treaty concerning the Osage and Cherokee lands. And let the Committee on Indian Affairs, to whom the message of the President upon the subject was referred yesterday, with power to send for persons and papers, let them examine the whole question, and let us get to the bottom of it.

Mr. BLAINE. That is all that has been asked.

Mr. WASHBURNE, of Illinois. Very well; let us get to the bottom of it.

Mr. SCOFIELD. I desire to ask the gentleman from Massachusetts [Mr. BUTLER] a question.

Mr. BUTLER. Very well.

Mr. SCOFIELD. I understand the gentleman from Illinois [Mr. WASHBURNE] to say that the Secretary of the Interior ordered this

additional expense from honest and correct motives. Now, from the debate all around me, I had been led to suppose that the Secre tary of the Interior had ordered this expendi ture in order to get this land surveyed ready for the treaty which these speculators have had made. Now, if that inference from that debate is incorrect, and the Secretary of the Interior ordered this survey from correct motives, I would like to know it.

Mr. BUTLER. As we are to open up this whole subject and it is very necessary to open it up, as two members of the Committee on Appropriations have said that they were not present when this matter was passed upon by the committee-I am quite ready to agree with my colleague on the committee, [Mr. WASHBURNE, of Illinois, ] and let this bill be recommitted.

Mr. BLAINE. That is right.

Mr. BUTLER. For the purpose of enabling me, when this matter comes up again, to answer every question the gentleman from Tennessee [Mr. MAYNARD] and every other gentleman may ask me and let the right prevail, for I want to have this thing thoroughly ventilated-I move that this bill be recommitted to the Committee on Appropriations; and upon that motion I call for the previous question.

The previous question was seconded and the main question was ordered; and under the operation thereof, the motion to recommit was agreed to.

INDIAN COMMISSION APPROPRIATION.

Mr. BUTLER. I have also been instructed by the Committee on Appropriations to report another bill, which I ask to have considered at this time.

Mr. HOLMAN. I desire to reserve the point of order, that, being an appropriation bill, it must receive its first consideration in Committee of the Whole.

Mr. BUTLER. I hope the gentleman will reserve his point of order until I can make a statement in regard to the bill.

Mr. HOLMAN. I will do so.

The bill (H. R. No. 1218) appropriating money to sustain the Indian commission, and to carry out treaties made thereby, was then read a first and second time.

Mr. BUTLER. If the gentleman from Indiana [Mr. HOLMAN] insists upon his point of order, of course this bill must first be considered in Committee of the Whole. But I desire to make a statement to show that the present condition of the public business requires that this bill should be passed at once.

This bill proposes to appropriate $150,000 to aid the Indian peace commission, to defray their expenses, and to meet the obligations of the treaties which they are now making with certain Indians, among which are the Navajoes, whom they have been able to have removed. I report this bill in response to a desire expressed by General Sherman and the peace commission, who have sent a special messenger here to say that many hundreds of thousands of dollars can be saved to this Government by making a small appropriation to carry out the arrangements that they are now making with the western Indians to prevent a war. In order to give them the means to carry out such an arrangement the Committee on Appropriations have directed me to report this bill. This money is to be expended only to carry out the operations of the Indian commission who are now dealing with the Indians on the Plains.

If the gentleman from Indiana is not satisfied with this explanation, then this bill must go to the Committee of the Whole.

Mr. HOLMAN. I think this bill had better go to the Committee of the Whole.

Mr. BUTLER. Then I move that this bill be referred to the Committee of the Whole on the state of the Union, and that it be printed. The motion was agreed to.

Mr. BUTLER. I ask consent of the House that this bill be made the special order in Committee of the Whole for Monday next.

Mr. SCHENCK. I object to that. I am willing that it should be made the special order after the tax bill has been acted upon in committee.

Mr. WASHBURNE, of Illinois. The gentleman can move on Mouday next to suspend the rules for the purpose of making this bill a special order.

The SPEAKER. There is one motion to suspend the rules now pending, submitted by the gentleman from Massachusetts, [Mr. ELIOT,] which will come up on Monday next the first thing after the morning hour.

Mr. BUTLER. I give notice that on Monday next I will move to suspend the rules, in order that this bill may be then considered,

ORDER OF BUSINESS.

Mr. SCHENCK. It is now after three o'clock. I ask unanimous consent that the morning hour for to-day may be dispensed with.

Mr. BENJAMIN and others objected. Mr. SCHENCK. Cannot the morning hour be dispensed with by a majority vote?

The SPEAKER. That requires unanimous consent. The private business may be set aside by a majority vote; but should that be done, then the order would be the call of committees for reports of a public nature.

ORDER FOR AN EVENING SESSION.

Mr. SCHENCK. As the morning hour must go on, we can hardly get into Committee of the Whole on the tax bill before half past four o'clock. I will therefore move that there be an evening session this evening at half past seven o'clock, for the consideration of the internal tax bill in Committee of the Whole.

Mr. RANDALL. Is it to be with the understanding that no business is to be transacted this evening except the consideration of the tax bill in Committee of the Whole?

The SPEAKER. That would require unanimous consent.

Mr. RANDALL. I must object to an evening session, unless such an arrangement can be made.

The SPEAKER. The motion is that the House shall meet at half past seven o'clock this evening in Committee of the Whole for the consideration of the tax bill. Such an order can be made by a majority vote. There probably will be no other business transacted, as there is usually no quorum present at an evening session when the House comes out of Committee of the Whole. And any member can then call for a division upon any question, and if no quorum is present no business can be done.

The motion of Mr. SCHENCK for an evening session was then agreed to.

ORDER OF BUSINESS.

The SPEAKER. The morning hour has now commenced. This being private bill day, the first business in order is the call of committees for reports of a private nature, commencing with the Committee on Invalid Pensions, where the call rested on Saturday last.

MICHAEL HENNESSEY.

The SPEAKER. The pending question is upon Senate bill No. 280, for the relief of Michael Hennessey, of Platte county, Missouri, which was reported from the Committee on Invalid Pensions on Saturday last, by the gentleman from West Virginia, [Mr. POLSLEY,] and was pending when the morning hour expired. The bill has been amended, and the question is upon the third reading of the bill. The bill was then read the third time, and passed.

Mr. POLSLEY 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.

KATE HIGGINS.

Mr. BURR, from the Cominittee on Invalid Pensions, reported a bill (H. R. No. 1220)

granting a pension to Kate Higgins, of Louisville, Kentucky; which was read a first and second time.

The bill directs the Secretary of the Interior to place upon the pension-roll, subject to the provisions and limitations of the pension laws, the name of Kate Higgins, of Louisville, Kentucky, the widow of John Higgins, formerly a private in company F, twenty-eighth regiment of Kentucky infantry, to receive a pension as such widow, commencing November 11, 1865.

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. BURR 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.

REGULATION OF JUDICIAL PROCEEDINGS.

Mr. WOODWARD, by unanimous consent, introduced a bill (H. R. No. 1219) amendatory of an act entitled "An act relating to habeas corpus, and regulating judicial proceedings in certain cases, and for other purposes;" which was read a first and second time.

Mr. STEVENS, of New Hampshire. I ask that the bill be reported.

Mr. BURR. I cannot yield for that purpose. Mr. WOODWARD. It relates to common carriers in the southern States.

Mr. STEVENS, of New Hampshire. I do not object.

The bill was referred to the Committee on the Judiciary.

SARAH J. ROGERS.

Mr. BURR, from the Committee on Invalid Pensions, reported a bill (H. R. No. 1221) granting a pension to Sarah J. Rogers; which was read a first and second time.

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

The bill was read at length. It directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Sarah Jane Rogers, widow of Hugh J. Rogers, late a private in the fiftieth regiment Ohio volunteers, to receive a pension, commencing the 22d of June, 1865.

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. BURR 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.

HANNAH MOORE.

On motion of Mr. BURR, the Committee on Invalid Pensions were discharged from the further consideration of the petition of Hannah Moore; and the same was laid on the table.

CATHARINE GINSLER.

Mr. BURR, from the same committee, also reported a bill (H. R. No. 1222) granting a pension to Catharine Ginsler; which was read a first and second time.

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

The bill was read at length. It directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Catharine Ginsler, the widowed mother of John Ginsler, late of company I, one hundred and forty-ninth regiment Pennsylvania volunteers, commencing the 29th of June, 1864.

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

Mr. BURR 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.

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

The bill, which was read, provides that the Secretary of the Interior be authorized and directed to place on the pension roll the name of Barbara Weisse, widow of Michael Weisse, late a private of company K, ninth regiment Michigan infantry, to receive a pension, to date from January 1, 1865.

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. BURR 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.

MARGARET FILSON.

Mr. BURR, from the same committee, also reported a bill (H. R. No. 1223) granting a pension to Margaret Filson; which was read a first and second time.

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

The bill was read at length. It directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Margaret Filson, widow of George W. Filson, late a private of company K, ninety-seventh regiment Indiana volunteers, to receive a pension, to bear date from the 1st of January, 1866.

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. BURR 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.

JANE E. ROGERS.

Mr. BURR, from the same committee, reported a bill (H. R. No. 1224,) granting a pension to Jane E. Rogers; which was read a first and second time.

It directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of the applicant, widow of James B. Rogers, late captain in company C, sixty-fourth regiment United States colored troops, commencing July 1, 1864.

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

Mr. BURR 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.

DANIEL FULLER.

Mr. BURR, from the same committee, reported adversely on the petition of Daniel Fuller, of Potter county, Pennsylvania; which was laid on the table.

PATRICK COLLINS.

Mr. BURR, from the same committee, reported a bill (H. R. No. 1225) granting a pension to Patrick Collins; which was read a first and second time.

It directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Patrick Collins, of Dayton, Ohio, to receive a pension at the rate of ten dollars per month, commencing January 1, 1868.

Mr. HOLMAN. The bill ought to state the company and regiment to which he belonged. Mr. BURR. Let it be amended in that particular.

The amendment was agreed to.

The bill, as amended, was ordered to be engrossed and read a third time; and being

engrossed, it was accordingly read the third time, and passed.

Mr. BURR 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.

WILLIAM HUTCHINGS.

Mr. BURR, from the same committee, reported adversely on the bill (H. R. No. 508) granting a pension to William Hutchings, a soldier in the war for the suppression of the rebellion, and the same was laid on the table.

MARGARET ANN WALLACE.

Mr. BURR, from the same committee, reported a bill (H. R. No. 1227) granting a pension to Margaret Ann Wallace, with an amendment in the nature of a substitute.

The substitute was read. It directs the Secretary of the Interior to place on the pensionroll the name of the applicant, widow of the late Brigadier General W. H. L. Wallace, for a pension at the rate of fifty dollars per month from the 10th of April, 1862. It further provides that the pension heretofore allowed to the said widow under the general law be discontinued.

Mr. HOLMAN. I see this pension is fifty dollars a month. It makes an exception. There ought to be some uniform rule on the subject. The general law allows only thirty dollars a month.

Mr. COOK. If the gentleman will examine he will find it to be the fact that in every case where a brigadier general has been killed on the battle-field, as was General Wallace, the pension granted by special law to the widow has been fifty dollars a month. There are five such cases, and this is the last one that can be affected by this rule. I have made the examination, and I understand that to be the fact.

Mr. HOLMAN. All I wanted was to be informed of that fact. I have no objection. I will inquire if the name of Brigadier General P. A. Hackleman is included in any of

these acts.

Mr. BURR. It does not appear on this list. Mr. COOK. I cannot tell the names of all, but I know the names of five.

Mr. HOLMAN. I give notice that I will introduce a bill covering that case.

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

Mr. BURR 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.

JOANNA L. SHAW.

Mr. POLSLEY, from the Committee on Invalid Pensions, reported a bill (H. R. No. 1228) granting a pension to Joanna L. Shaw; which was read a first and second time.

It directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of the applicant, widow of John E. Shaw, late a private in company E, fourteenth regiment Maine volunteers, and pay her a pension of seventeen dollars per month in lieu of the pension she has been receiving, commencing August 17, 1862.

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. POLSLEY 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.

ANNA H. PRATT.

Mr. POLSLEY, from the same committee, reported a bill (H. R. No. 1229) granting a pension to Anna H. Pratt; which was read a first and second time.

The bill directs the Secretary of the Interior

to place upon the pension roll, subject to the provisions and limitations of the pension laws, the name of Anua II. Pratt, widow of Whee lock Pratt, late major fifty-fifth regiment Massachusetts infantry, and pay her a pension as the widow of a captain, commencing December 30, 1866.

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. POLSLEY moved to reconsider the vote by which the bill was passed; and also moved to lay the motion to reconsider on the table.

The latter motion was agreed to.

CHILDREN OF DAVID W. EDWARDS. Mr. POLSLEY, from the same committee, reported back, with a recommendation that it do pass, the bill (S. No. 424) granting a pension to Bartlet and Carrie Edwards, children of David W. Edwards, deceased.

The bill directs the Secretary of the Interior to place upon the pension-roll the names of Bartlet and Carrie Edwards, children under sixteen years of age of David W. Edwards, deceased, and pay them or their legally-appointed guardian a pension at the rate of fifteen dollars a month from the 18th of October, 1864, until they shall respectively attain the age of sixteen years.

The bill was ordered to a third reading; and was accordingly read the third time, and passed.

Mr. POLSLEY 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 A. GUTHRIE.

Mr. POLSLEY, from the same committee, reported back, with the recommendation that it do pass, a bill (S. No. 420) granting a pension to James A. Guthrie.

The bill directs the Secretary of the Interior to place upon the pension-roll the name of James A. Guthrie, of Iowa, a private in company A, sixteenth regiment Illinois volunteers in the war with Mexico, and pay him a pension at the rate of fifteen dollars a month from the 6th day of June, 1866, to continue during his natural life.

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

Mr. POLSLEY 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.

ADVERSE REPORTS.

Mr. POLSLEY, from the same committee, made adverse reports on the petitions of F. A. Liebschutz, for increase of pension, Rufus Richmond, late a private in the twenty-ninth Illinois volunteers, and Ira McIntyre; and the same were severally laid on the table.

HANNAH K. COOK.

Mr. POLSLEY, from the same committee, reported a bill (H. R. No. 1230) granting a pension to Hannah K. Cook; which was read a first and second time.

The bill directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Hannah K. Cook, widow of John N. Cook, late second lieutenant in the one hundred and nineteenth regiment Pennsylvania volunteers, commencing July 28, 1865.

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. POLSLEY 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.

JOHN MORLEY.

Mr. POLSLEY, from the same committee, reported a bill (H. R. No. 1231) granting a

pension to John Morley; which was read a first and second time.

The bill directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of John Morley, late a private in company I, seventh regiment New Hampshire volunteers.

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. POLSLEY 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.

RUTH BARTON.

Mr. POLSLEY, from the same committee, reported a bill (H. R. No. 1232) granting a pension to Ruth Barton; which was read a first and second time.

The bill authorizes and directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Ruth Barton, widow of Albert G. Barton, late a hospital steward in the United States Army, the pension to date from April 7, 1865.

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. POLSLEY 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.

WILLIAM F. MOSES.

Mr. POLSLEY. from the same committee, reported a bill (H. R. No. 1233) granting a pension to Williain F. Moses; which was read a first and second time.

The bill authorizes and directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of William F. Moses, late of company A, seventy-second Indiana volunteers, the pension to date from June 6, 1865.

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. POLSLEY 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.

LUCRETIA GARDNER.

Mr. POLSLEY, from the same committee, reported adversely upon the petition of Lucretia Gardner, for a pension; which was laid on the table.

FREDERICA BRIELMAYER.

Mr. POLSLEY, from the same committee, reported a bill (H. R. No. 1234) granting a pension to Frederica Brielmayer; which was read a first and second time.

The bill authorizes and directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Frederica Brielmayer, widow of William Brielmayer, late a private of company H, second reg ment Ohio heavy artillery.

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. POLSLEY 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.

JOHANNAH CONNELLY.

Mr. POLSLEY, from the same committee, reported a bill (H. R. No. 1235) granting a pension to Johannah Connelly; which was read a first and second time.

The bill authorizes and directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the

pension laws, the name of Johannah Connelly, mother of Eugene Connelly, late a private in company E, twentieth regiment Massachusetts volunteers, the pension to date from November 5, 1864.

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

MINOR CHILDREN OF MICHAEL TRAVIS.

Mr. POLSLEY, from the same committee reported a bill (H. R. No. 1236) granting a pension to the minor children of Michael Travis; which was read a first and second time.

The bill authorizes and directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Michael Travis, late a private in company I, seventy-fourth regiment Ohio volunteers, the pension to date from February 16, 1864.

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. POLSLEY 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.

HEIRS OF JAMES COX.

Mr. POLSLEY, from the same committee, reported a bill (H. R. No. 1237) granting a pension to the widow and minor children of James Cox; which was read a first and second time.

The bill authorizes and directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the names of the widow, Agnes Cox, and the minor children of James Cox, late of company B, first regiment Ohio heavy artillery, the pension to date from January 10, 1864.

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. PÖLSLEY 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.

LAVINIA A. GITTINGS.

Mr. POLSLEY, from the same committee, reported a bill (H. R. No. 1238) granting a pension to Lavinia A. Gittings, mother of Andrew J. Gittings; which was read a first and second time.

The bill authorizes and directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Lavinia A. Gittings, mother of Andrew J. Gittings, late of Putnam's rangers, first Maryland cavalry, the pension to date from March 4, 1862.

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. POLSLEY 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.

OWEN GRIFFIN.

Mr. BENJAMIN, from the same committee, reported a bill (H. R. No. 1239) granting a pension to Owen Griffin; which was read a first and second time.

The bill authorizes and directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Owen Griffin, foster father of James Griffin, late a private of com. pany B, twenty-second regiment Wisconsin

volunteers, and John Griffin, late a private of company H, seventeenth regiment Wisconsin volunteers; the pension to be at the rate of eight dollars per month, and to continue during his natural life.

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

Mr. BENJAMIN 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.

MARGARET LEWIS.

Mr. BENJAMIN, from the same committee, reported a bill (H. R. No. 1240) granting a pension to Margaret Lewis; which was read

a first and second time.

The bill authorizes and directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Margaret Lewis, mother of John B. Lewis, who served in company A, twelfth regiment Connecticut volunteers, under the name of Clarence L. Ingersoll; the pension to be at the rate of eight dollars per month, to date from April 27, 1863, and to continue during her widowhood.

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. BENJAMIN 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.

JOSEPH MASON.

Mr. BENJAMIN, from the same committee, reported adversely upon the petition of Joseph Mason, late of company E, sixth United States infantry, for a pension; which was laid on the table.

MRS. ANNA BAGLEY.

Mr. BENJAMIN, from the same committee, reported adversely upon the petition of Mrs. Anna Bagley, for a pension; which was laid on the table.

HARRIET E. HAINES.

Mr. BENJAMIN, from the same committee, reported adversely upon the petition of Harriet E. Haines; which was laid on the table.

MARY BROWN.

Mr. BENJAMIN, from the same committee, reported a bill (H. R. No. 1241) granting a pension to Mrs. Mary Brown; which was read a first and second time.

The bill directs the Secretary of the Interior to place upon the pension-roll, subject to the provisions and limitations of the pension laws, the name of Mrs. Mary Brown, widow of William Brown, company E, thirty-seventh Iowa volunteers, at the rate of eight dollars per month, to commence on the 3d day of April, 1863, and to continue during her widowhood.

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. BENJAMIN moved to reconsider the vote by which the bill was passed; and also moved that the motion to reconsider be laid onthe table.

The latter motion was agreed to.

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.

ADVERSE REPORTS.

Mr. BENJAMIN, from the same committee, also reported adversely upon the following cases; and the same were laid on the table, and the reports ordered to be printed : Petition of James Supple, company K, eighth United States infantry;

Petition of Mary Brown; and
Petition of Rebecca Scott.

WILLIAM O. dodge,

Mr. BENJAMIN, from the same committee, also reported a bill (H. R. No. 1243) granting a pension to William O. Dodge; which was read a first and second time.

The bill directs the Secretary of the Interior to place upon the pension-roll, subject to the provisions and limitations of the pension laws, the name of William O. Dodge, of Kingston, Caldwell county, Missouri, late a member of the Missouri home guard.

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

Mr. BENJAMIN, 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.

MARY D. GAUSE.

Mr. POLSLEY, from the same committee, also reported a bill (H. R. No. 1244) granting a pension to the widow and minor children of Solomon Gause; which was read a first and second time.

The bill directs the Secretary of the Interior to place upon the pension-roll, subject to the provisions and limitations of the pension laws, the name of Mary D. Gause, widow and minor children of Solomon Gause, late of company D, sixty-fifth regiment Ohio volunteers, commencing September 11, 1865.

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

Mr. POLSLEY 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.

SHERMAN H. COWLES.

The bill was read at length. It authorizes and directs the Secretary of the Interior to place the name of Sherman H. Cowles, late a private in company E, nineteenth regiment Connecticut volunteers, on the pension-roll, at the rate of eight dollars per month, to commence from the 18th day of May, 1863, and to continue during his natural life.

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

Mr. POLSLEY 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.

WILLIAM BLACK.

Mr. WASHBURNE, of Massachusetts, from the Committee on Revolutionary Pensions and the War of 1812, reported back Senate bill No. 388, for the relief of William Black, a soldier of the war of 1812, with the recommendation that it do not pass; and the same was laid on the table.

OROVILLE AND VIRGINIA CITY RAILROAD.

Mr. PRICE. I am instructed by the Com. mittee on the Pacific Railroad to report back House bill No. 332, granting the right of way

over the public lands of the United States to the Oroville and Virginia City Railroad Company, a corporation, and to provide for its construction, and to move that it be referred to the Committee on the Public Lands.

There was no objection, and it was ordered accordingly.

Mr. WASHBURN, of Massachusetts, moved to reconsider the vote by which the bill was referred; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

ADVERSE REPORTS.

Mr. VAN AERNAM, from the Committee on Invalid Pensions, reported adversely on the following cases, and the same were laid on the table: the petition of Ross O'Connor; the petition of John W. Hill; the memorial of James H. Smith; and the petition of Elizabeth Murphy.

ANN CORCORAN.

Mr. VAN AERNAM, from the same committee, reported a bill (S. No. 184) granting a pension to Ann Corcoran, with an amendment.

The bill directs the Secretary of the Interior to place the name of Ann Corcoran, widow of James Corcoran, late a private in company G, fifth regiment New York volunteer infantry, and pay her a pension at the rate of eight dollars per month from the 27th of October, 1864, and continuing during her widowhood.

The amendment was to strike out the date and insert the 6th day of February, 1865, and to add the words "subject to the provisions and limitations of the pension laws."

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

Mr. VAN AERNAM 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.

CAROLINE E. THOMAS.

Mr. VAN AERNAM, from the same committee, reported a bill (S. No. 421) granting a pension to Caroline E. Thomas, with a recommendation that it do pass.

The bill directs the Secretary of the Interior to place the name of the applicant on the pension-roll and pay her a pension at the rate of eight dollars per month from and after the passage of this act.

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

Mr. VAN AERNAM 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.

MICHAEL KELLEY.

Mr. VAN AERNAM, from the same committee, reported a bill (S. No. 323) granting a pension to Michael Kelley, recommending that it do pass.

The bill directs the Secretary of the Interior to place the name of the applicant, late a private in the first Vermont battery volunteers, on the pension-roll at the rate of fifteen dollars per month, to commence from and after the passage of this act, and to continue during his natural life.

Mr. HOLMAN. This is above the usual rate. I ask the report to be read.

The report was read. It states that the petitioner, while serving at the siege of Port Hudson on the 10th of December, 1863, was wounded by the explosion of a shell fired from the enemy, so as to render the amputation of his leg necessary. The application for a pension was refused by the Department. The circumstances of the case were that when the battery to which he was attached were pitching their camps they found the shell lying on the ground; and being regarded as entirely harmless it was used to hitch horses to by means of a bolt driven into the fuse hole; and while

the petitioner was in the act of preparing a fire to make a dinner for the men, the shell being in the way, he attempted to remove it by a blow with an ax, when it exploded and caused the injury to him.

Mr. HOLMAN. Is fifteen dollars a month the usual pension?

Mr. MILLER. Yes, sir.

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

Mr. VAN AERNAM moved to reconsider the vote by which the bill was passed; and also moved to lay the motion to reconsider on the table.

The latter motion was agreed to.

CAROLINE AND MARGARET SWARTWOUT.

Mr. VAN AERNAM, from the same com. mittee, reported a bill (S. No. 844) granting a pension to Caroline and Margaret Swartwout, with a recommendation that it do pass.

The bill directs the Secretary of the Interior to place on the pension roll the names of the petitioners, sisters of Samuel Swartwout, late commodore in the United States Navy, and pay to them, or to the survivor, a pension of thirty dollars per month, from the 15th of February, 1867, during their joint lives, or the life of either of them.

The latter motion was agreed to.
The report was read.

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

Mr. VAN AERNAM 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.

GEORGE BENNETT.

Mr. VAN AERNAM, from the same committee, reported back with an amendment the bill (S. No. 425) granting a pension to George Bennett.

The bill directs the Secretary of the Interior to place upon the pension-roll the name of George Bennett, late a private in company E, sixth regiment Michigan cavalry volunteers, and pay him a pension at the rate of eight dollars a month, from the 7th of April, 1863.

The amendment of the committee was to strike out all after the word "pension," in line eight, and insert in lieu thereof the words "subject to the provisions and limitations of the pension laws, commencing April 7, 1863." The amendment was agreed to.

The bill, as amended, was ordered to a third reading; and it was accordingly read the third time, and passed.

Mr. VAN AERNAM 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.

ELLEN CURRY.

Mr. BEATTY, from the same committee, reported back, with the recommendation that it do pass, the bill (H. R. No. 945) granting a pension to Ellen Curry, widow of James Curry, deceased.

The bill directs the Secretary of the Interior to place upon the pension-roll, subject to the provisions and limitations of the pension laws, the name of Ellen Curry, widow of James Curry, late a private in company F, thirtyninth regiment Illinois infantry volunteers.

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. BEATTY 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.

MATHEW C. GRISWOLD.

Mr. VAN AERNAM, from the same committee, reported a bill (H. R. No. 1245) granting a pension to Mathew C. Griswold; which was read a first and second time.

The bill directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Mathew C. Griswold, late first lieutenant twentieth regiment New York cavalry, commencing January 11, 1865.

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. VAN AERNAM 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.

WIDOW AND CHILDREN OF HIRAM HITCHCOCK.

Mr. VAN AERNAM, from the same committee, reported a bill (H. R. No. 1246) granting a pension to the widow and minor children of Hiram Hitchcock; which was read a first and second time.

The bill directs the Secretary of the Interior to place upon the pension-roll, subject to the provisions and limitations of the pension laws,

the names of the widow and minor children of Hiram Hitchcock, late a hospital steward in the eighteenth regiment Wisconsin volunteers, commencing January 7, 1865.

Mr. HOLMAN. This seems to be giving a pension to the widow and children jointly. I believe that is not usual.

Mr. VAN AERNAM. The bill is drawn

correctly. The gentleman from Indiana will understand that there are no papers on file in the Pension Bureau designating the names of the children, as in an ordinary case of appeal. This is an original case, and the bill is correct.

Mr. HOLMAN. I move to insert after the words "minor children" the words "under sixteen years of age."

Mr. VAN AERNAM. I have no objection to that.

The amendment was agreed to.

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. VAN AERNAM 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.

ORLENA WALTERS.

Mr. VAN AERNAM, from the same committee, reported a bill (H. R. No. 1247) granting a pension to Orlena Walters; which was read a first and second time.

The bill directs the Secretary of the Interior to place upon the pension-roll, subject to the provisions and limitations of the pension laws, the name of Orlena Walters, widow of Lieutenant Elisha Walters, late of the seventh provisional regiment enrolled Missouri militia, commencing October 4, 1863.

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. VAN AERNAM 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.

ELIZABETH RICHARDSON.

Mr. VAN AERNAM, from the same committee, also reported a bill (H. R. No. 1248) granting a pension to Elizabeth Richardson; which was read a first and second time.

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

The bill was read at length. It directs the Secretary of the Interior to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Elizabeth Richardson, widow of William Richardson, late a private in company I, fifth regiment Kentucky cavalry, commencing February 20, 1865.

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. VAN AERNAM moved to reconsider