return of his property to him as it was before violent hands were laid upon him and his. That is the part which the gentleman from Ohio [Mr. BINGHAM] desires to have stricken out of this resolution.

Mr. BINGHAM. I do not desire to strike out any part of it.

Mr. VOORHEES. The gentleman desires to amend so as to qualify and weaken it.

Mr. BINGHAM. The gentleman will excuse me if I say

Mr. VOORHEES. Pardon me; I have but eight minutes.

Mr. BINGHAM. Well, I will only say that I do not propose to strike out any part of it. Mr. VOORHEES. Well, the gentleman desires to weaken it. So far as I am concerned, on the contrary, and I speak it with the utmost respect for everybody that hears me here, we must take higher ground on this question. Dr. Houard is only one of forty persons, as I demonstrated on this floor not long ago, who have been imprisoned by the Spanish authorities in Cuba; some of them women, who are now languishing in Spanish prisons, and claiming the protection of the American Government and of American laws.

Eight American citizens have been shot to death on Cuban soil without trial-one of them a boy born in the town of Aurora in my own State, who was arrested at sun. down on one day and shot to death the next morning, although he appealed for protection to the American flag and the American authorities, saying that he had come upon a peaceful mission, with no hostile design, and had not lifted his hand against the Spanish authority.

All this is official; all this is contained in the records of this Government. Every word of it has been laid upon the desk of every member here. Yet we spend a whole day discussing whether we shall instruct the Executive of this Government to interpose for the protection of a man whose voice has died away upon the sea winds, appealing to us to protect him as an American citizen.

What was his offense? Suppose even that he was a Spaniard; what was his offense? I made a point some time ago in this House that Spain is making war of such a character upon her own citizens that the civilized nations of the earth ought to interpose against her. I make that point again to-day. Even if this man was not an American citizen, but a Spaniard, what was his offense? He furnished medicine and implements by which to assuage and alleviate the sufferings of the wounded and dying on the battle-field; that is all. It was said that his medicine-box and case of surgical instruments fell into the hands of the insurgents, and thereby alleviated the sufferings of some man shot or bayoneted on the battlefield. And for this offense Dr. Houard goes under the equator for eight years! This is the result of the poor, contemptible foreign policy of our Government. More than three hundred citizens of Irish birth have languished in British prisons, and our Government has made no efficient interposition in their behalf. I speak in general terms of the whole foreign policy of this Government. It is not up to the standard. It does not correspond with the position which Great Britain or any other first-class civilized Power has maintained.

I repeat, Mr. Speaker, that while it is conceded here by the friends of the Administration that this man is an American citizen, and that he is sailing to the equator to undergo eight years of penal servitude, we sit here debating and discussing. There are forty more such citizens languishing in Spanish prisons; yet we falter and dare not act. Had I the power I would bring that man back or wage open war upon Spain.

I have no language in which to express my feeling with regard to a policy which permits such things to pass unchallenged. Is it the fact (let me ask gentlemen who speak for this Administration) that some of the members of

the family of the Secretary of State have had lucrative professional relations with Spain in this country? I have been told so, not by Democrats, but by your own people; not by those in humble situations, but by those in powerful and elevated stations.

Mr. BINGHAM. I rise to a question of order. I submit that the personal or profes sional relations of the Secretary of State or his family are not matters to be discussed here.

Mr. VOORHEES. The gentleman had better let me go on, as he himself, without interruption.

Mr. BINGHAM. I rise to a question of order. I submit that the gentleman's reference to the Secretary of State and his private relations to the Spanish Government is not in order.

The SPEAKER. What is the point of order made by the gentleman?

Mr. BINGHAM. My point of order is that || the gentleman's reference to the Secretary of State, to the effect that he has certain per sonal or private relations with Spain, is not in order.

Mr. VOORHEES. fact? [Laughter.]

Mr. BINGHAM. to be discussed here.

Do you say it is not the

I say it is not a question

Mr. VOORHEES. If the gentleman will say it is not the fact, his word is good enough for me. [Laughter.]

Mr. BINGHAM. I say it is not a question to be discussed here.

Mr. VOORHEES. I may be mistaken upon the point; but I am not out of order. Mr. BANKS. Will the gentleman allow me to make a single remark?

Mr. VOORHEES. Yes, sir.

Mr. BANKS. The statement which has just been made by the gentleman was made in this House before in a debate upon a subject of this character, and it was authoritatively denied by my colleague, [Mr. BUTLER.] Mr. VOORHEES. I did not speak upon my own knowledge; I repeated what I had been told upon high authority.

Mr. BANKS. The member of the House who made the statement withdrew his assertion upon the denial which was made by my colleague.

Mr. WOOD. I do not think myself that it is a fact.

Mr. VOORHEES. I have myself to take care of here; and I am always able to do so. There were thirty Spanish gun-boats built in the harbor of New York. I have been informed that the Spanish authorities in Cuba contemplated taking them from there by force, when they found an easier way to obtain them in the courts of New York by the use of Spanish gold in employing counsel. This seems, however, to be a sensitive question all around

me.

[Here the hammer fell.]

Mr. RANDALL. I believe I have a minute left.

Mr. L. MYERS. Mr. Speaker, my colleague has been so liberal in giving his time to others that I hope he will be allowed to proceed beyond the minute which is left of his time.

Mr. RANDALL. I shall be perfectly satisfied if by consent of the House I shall be allowed ten minutes in the morning to notice a few remarks which have been made in connection with this case by the friends of Dr. Houard who desire an amendment of the resolution, as well as the remarks made by those who are opposed to any interference on the part of this Government for the protection of one of its own citizens.

The SPEAKER. Unless this resolution now pending before the House is disposed of this evening it will not come up to-morrow; but will go over until Tuesday next.

Mr. RANDALL. I understand the gentleman from Massachusetts, [Mr. BANKS,] the chairman of the Committee on Foreign Affairs,

proposes to call the previous question on the resolution, so that it will come up to morrow morning as the unfinished business. All i ask is that in the morning I shall be allowed a few minutes to make some reply to statements which have been submitted to-day in this matter by those who are opposed to the adoption of the resolution.

Mr. DAWES. Oh, no; let us sit here to night and finish it.

Mr. BANKS. I desire to say one word before I call the previous question, only one word, in regard to the amendment of the gentleman from Ohio, [Mr. BINGHAM,] and I will say it now if the gentleman will have the kindness to give me his attention. My objection to it is that it opens the whole question for inquiry, whereas the action of the House proceeds upon the fact that it has been investigated. The letter of the Secretary of State to the chargé d'affaires at Madrid in the place of the minister of the United States—

The SPEAKER. There is too much confusion in the House. Gentlemen will resume their seats and suspend conversation.

Mr. BANKS. I will yield the floor at present, as I understand the gentleman from Penn sylvania has not concluded his remarks.

Mr. RANDALL. My object in asking for a few minutes in the morning is to clear up a few facts which have been left in doubt. I suggest to the gentleman from Massachusetts to demand the previous question, and we can then adjourn, and in the morning I can renew my request for ten minutes' time.

Mr. BANKS. I will, then, now call for the previous question.

Mr. DAWES. I trust we will not adjourn until we finish this case.

Mr. BANKS. I hope the House will.

Mr. BUTLER, of Massachusetts. I trust some word may be allowed to be said in an. swer to the broad charges made by those in favor of the resolution.

Mr. DAWES. I do not think the House is

impatient, but will wait here until this question is decided this evening.

Mr. BUTLER, of Massachusetts. I should like to have fifteen or twenty minutes on this grave question.

Mr. BANKS. I demand the previous question. Before the vote is put on that, however, I desire to make a suggestion in regard to the amendment. The gentleman from Ohio pro poses to reopen these whole proceedings. It has already been investigated. Let me read the letter from Mr. Fish to Mr. Adee, chargé d'affaires at Madrid. It is as follows:

DEPARTMENT OF STATE, WASHINGTON, March 26, 1872. SIR: In continuation of the subject of the instruction No. 58, addressed to you under date of the 9th instant, with reference to the case of John Emilie Houard, I now inclose copies of an affidavit by Mr. Fox, late consular agent of the United States at Cienfuegos, and of an official certificate from Mr. Morris, the present consular agent at that place, from which it would appear that Dr. Houard declared himself a citizen of the United States, and was registered as such in the books of the consular agency of the United States at Cienfuegos as early as the latter part of 1868 or the beginning of 1869, and again 25th November, 1870.

You will make use of these papers in pressing the case of Dr. Houard upon the attention of the Spanish Government.

In recurring to the subject you will not fail to point out the apparent violation of our treaty with Spain, by the Spanish authorities in Cuba, in trying Dr. Houard by an extraordinary tribunal, and in refusing to give this Government an account of the proceedings of that tribunal. I am, &c.,

A. A. ADEE, esq., &c.

HAMILTON FISH.

Now, sir, is it worth while, as the amendment proposed by the gentleman from Ohio [Mr. BINGHAM] does, to instruct them to go further in this matter? We have asked for this record. They have refused it, and they base their refusal upon the denial of the American citizenship of Dr. Houard. I do not object at all to the amendment of the gentleman from Ohio if he will agree to strike out from it a few words, so that it shall stand as I will

now read, omitting the words to which I make objection. I ask him to let it read thus:

Unless it should be made to appear upon investigation to the satisfaction of the executive department that said Houard has been prosecuted for an offense under the authority of law, and according to the regular course of proceedings usual in like cases, and that the privileges secured to citizens of the United States by the seventh article of the treaty of the United States with Spain, dated 27th October, 1795, were neither denied nor disregarded on his trial.

I do not think we should instruct the Government to go into this matter again.

Mr. BINGHAM. That is what I want. Mr. BANKS. I omitted these words: Had been held for, and duly convicted of, an offense committed by him within the jurisdiction of Spain.

Mr. BINGHAM. "Under authority of law." The gentleman wishes to strike that out. I do not desire to do any such thing, for the reason that the words the gentleman proposes to strike out are found in the text of the seventh article the treaty of 1795; and if that be the fact, that he has been held and tried according to law for an offense committed within the jurisdiction of Spain, and in the mode usual in such cases, this House by our own treaty obligations has no busines with it. I ask the attention of the House to this.

Mr. BANKS. My objection to the gentleman's proposition is that it instructs the Government to go into this inquiry anew after they have closed it.

Mr. BINGHAM. No, sir. There the gentleman makes a mistake. He reads from the dispatch of the Secretary of State of date 9th March, 1872. On the 12th March, 1872, three days afterward, the same Secretary of State says, in an official paper, page 29:

"The strong point which prevents the intervention" Mr. RANDALL. Read what he says on page 27.

Mr. BINGHAM. The gentleman from Massachusetts [Mr. BANKS] read that. In his dispatch of 12th March he says:

"The strong point which prevents the intervention of this Government in behalf of Dr. Houard from becoming efficacious for his release is the fact that he has been regularly tried and found guilty by a duly constituted tribunal in the island of Cuba."

Mr. BANKS. I hope there will be no objection.

Mr. BUTLER, of Massachusetts. I desire to say a few words only.

The SPEAKER. The Chair understands the gentleman from Massachusetts [Mr. HOAR] to object.

Mr. HOAR. I object, because I do not want to have the previous question seconded.

Mr. GARFIELD, of Ohio. If it is understood that the previous question shall be considered as pending at the end of the ten minutes, without further action, I think no objection will be made.

Mr. HOAR. I object to that.

The SPEAKER. Is there objection to the gentleman from Massachusetts [Mr. BUTLER] being allowed to occupy ten minutes. The Chair hears no objection.

Mr. BUTLER, of Massachusetts, addressed the House for ten minutes. [His remarks will be published in the Appendix.]

Mr. RANDALL. Mr. Speaker, the gentleman from Massachusetts, in his effort to defend the Administration against an assault in which I had no part whatever, (for I introduced the resolution in this case simply with the view of vindicating the rights of an American citizen, as I believed him to be from statements made to me,) goes a little further and attempts to prejudice this House against Dr. Houard, on the ground that his father held the office of police commissioner in Cuba. I desire now to read what Dr. Houard's daughter says on this subject. I think that generally a man's daughter is better authority as to his acts than a stranger, whose interest never prompted the denial on the part of Spain that this man was an American citizen until the Spanish authorities found themselves driven to the wall by the action of this Government. What does Mrs. Dutton say?

"I deny that my father ever renounced his American nationality, and that he ever held the office of police commissioner or any other office under the Spanish Government; such a thing was never known in our family. My father lived but seven years in Cuba, and did not speak the Spanish language; his age and social position were above his holding any such office."

Upon this statement of the daughter of Dr. Houard I pronounce the declaration of the

Mr. RANDALL. There is a direct contradiction there.

Mr. BINGHAM. The gentleman says that is a direct contradiction of the statement in the previous dispatch. But it is the statement of the Department of State.

Mr. BANKS. That is a repetition of what the Spanish Government said, and not the declaration of the Secretary of State.

Mr. BINGHAM. But he goes further. The Secretary of State proceeds to say:

"If it were in the power of Dr. Houard or his friends to put this Department in the possession of facts that would impugn the integrity of the proceedings of that tribunal, or deny its competency to act in the premises, such facts would be urged to the best advantage; but none such are offered, with the exception of the ex parte declaration of a single untrustworthy witness, who now declares that he gave testimony against Dr. Houard which was false."

Mr. BANKS. No doubt; but the Spanish Government can give these facts.

Will the

I must now call the previous question. Mr. BUTLER, of Massachusetts. gentleman from Pennsylvania [Mr. RANDALL] yield to me a few moments?

Mr. RANDALL. I will yield the gentleman five minutes.

Mr. BANKS. I ask that by unanimous consent my colleague [Mr. BUTLER] be allowed ten minutes.

The SPEAKER. The gentleman from Massachusetts [Mr. BANKS] asks that by unanimous consent before the previous question is called his colleague [Mr. BUTLER] be allowed ten minutes. Is there objection? Mr. HOAR. I object.

the State Department to produce evidence, if there is any, of such a fact.

Mr. BANKS. I now demand the previous question.

The previous question was seconded; there being-ayes one hundred and seventeen, noes not counted.

The main question was ordered.

Mr. BANKS moved to reconsider the vote by which the main question was ordered; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

The SPEAKER. The gentleman from Massachusetts [Mr. BANKS] is entitled to an hour to, close debate.

Mr. BANKS. Mr. Speaker

Mr. RANDALL. If the gentleman will yield to me, I will move that the House adjourn.

Mr. BANKS. Mr. Speaker, I have such engagements as will compel me to hold the floor for the whole of the hour; and after the debate is closed, it will take half an hour or more to vote upon the several amendments which are pending. Hence, if we undertake to dispose of this question to night, it will carry the session to a very late hour, even if it be possible to vote upon the question to-night. I should therefore be very glad if the House would consent to an adjournment now.

Mr. RANDALL. If the gentleman yields, I will move an adjournment.

Mr. DAWES. Mr. Speaker, a week ago the House voted that it would take up the tariff bill on last Tuesday to the exclusion of all other orders. Since then there has come

in the discussion for two days on the Goat Island question, and also the debate upon this question, thus putting off for three or four days this matter of the tariff, in which the whole country feels an interest. I do think it is not too much for me to ask this House to close this matter to-night, so that to-morrow we may enter upon the discussion of the tariff bill. I would not, under ordinary circumstances, ask my colleague to proceed with his remarks at so late an hour. But he yesterday stated to the House that this question would not occupy more than two hours. It has, however, occupied an hour or more last night as well as the whole of to-day. If it now goes over until tomorrow it may consume the whole of another day. Then the next day will be Saturday, upon which members do not expect to transact business in the House. Monday will be reso lution day, and thus the tariff cannot be taken up until Tuesday.

Mr. RANDALL. I rise to a point of order. The gentleman from Massachusetts yielded to me to make a motion to adjourn.

Mr. MAYNARD. Some members have left the House under the impression that uo vote was to be taken on this question tonight.

Mr. DAWES. They had no right to leave with any such supposition. Why should the whole business of the country be suspended by this resolution standing in the way?

Mr. BANKS. I wish to say a word in answer to my colleague, [Mr. DAWES.] This is as important a question as can be presented to the House. It is a question of principle, while the tariff is a question of percentage. Why, gentlemen of the House have laughed at me because I think the tariff question will be acted on at this session.

Mr. DAWES. What is that?

Mr. BANKS. I say that gentlemen of the House have laughed at me, because I have said I believed this tariff question would be acted on at this session. [Laughter.] I think we are entitled to one day at least on this important question. We have occupied but one day. If we remain here the decision of the question will carry it to half past six or seven o'clock to-night.

Mr. DAWES. Why does not my colleague propose, then, to take a recess?

Mr. BANKS. We cannot get the members of the House here to vote on it at an evening session.

Mr. DAWES. On so important a question affecting the rights of an American citizen, is it true that members will not come up here at an evening session and vote in favor of protecting an American citizen held in chains by a forein Power?

Mr. BANKS. Let the gentleman himself take an evening session on the tariff bill if he wants it.

Mr. DAWES. I will take an evening session. Mr. BANKS. Ask for it and we will give it to you.

Mr. RANDALL. I have made the motion to adjourn. I call the gentleman from Massachusetts to order.

Mr. DAWES. This is an important question, in which the rights of an American citi zen are involved. An American citizen is in chains, held by a foreign Power, and it is our duty to come here to-night and dispose of this resolution, so that he may have the relief intended.

Mr. RANDALL. If I thought the gentleman from Massachusetts was sincere in what he is saying I would agree to sit here and listen to him for an hour.

Mr. DAWES. I say in reference to this case, as it seems to be admitted all around, this man is an American citizen; it is not necessary to consume further time in the discussion, but let us come to a vote on the resolution. While we are wasting time in this discussion it is forgotten this American citizen

is in chains. It is our duty to stay here and vote on the resolution and decide the question at once. This is a matter of great principle about which there should be no trifling. Gentlemen should not say they cannot spend time to come here to-night and consider it.

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

Mr. BANKS. I wish to say to my colleague

[In the midst of great confusion Mr. BANKS, Mr. RANDALL, and Mr. DAWES engaged in a very earnest colloquy which was not heard by the reporter.]

The SPEAKER. It was very apparent to the Chair from the manner of gentlemen that they were indulging in a colloquy which ought not to appear in the Globe, and by constantly rapping his gavel he has prevented the reporter from hearing it. [Laughter.]

Mr. RANDALL. If the gentleman from Massachusetts indulges in irony he must take what he gets. I now insist on my motiou to adjourn.

ENROLLED BILLS.

Mr. BUCKLEY, from the Committee on Enrolled Bills, reported that they had exam. ined and found truly enrolled bills of the following titles; when the Speaker signed the same:

An act (H. R. No. 1544) for the relief of Martin Watkins, of East Windsor, Connecticut; An act (H. R. No. 1866) for the relief of Mrs. Francis A. McKinney;

An act (S. No. 878) granting a pension to the minor children of Amanda M. Ritchey; Au act (S. No. 879) granting a pension to Mary Armstrong; and

An act (S. No. 894) granting a pension to the minor children of Frederick F. Dayton, deceased.

QUAPAW INDIANS.

The SPEAKER, by unanimous consent, laid before the House a letter from the Secretary of the Interior, in relation to an appropriation for land ceded to the United States by the Quapaw Indians; which was referred to the Committee on Appropriations, and ordered to be printed.

SUBORDINATE OFFICERS OF CUSTOMS.

The SPEAKER also, by unanimous consent, laid before the House a letter from the Secretary of the Treasury, transmitting the draft of a bill to facilitate the taking of an oath of office by subordinate officers of the customs; which was referred to the Committee of Ways and Means, and ordered to be printed. NEW ORLEANS WHARF PROPERTY. The SPEAKER also, by unanimous consent, laid before the House a letter from the Secre tary of the Interior, in compliance with a request of the Committee on Military Affairs, in relation to the New Orleans wharf property; which was referred to the Committee on Appropriations, and ordered to be printed.

LEAVE OF ABSENCE.

By unanimous consent,

Mr. STRONG was granted leave of absence for four days;

Mr. HARRIS, of Mississippi, was granted leave of absence for fifteen days;

Mr. WILLIAMS, of New York, was granted leave of absence for seven days; and

Mr. CREBS was granted an extension of bis leave of absence for ten days, on account of the sickness of himself and family.

MARY A. STONEFIELD.

On motion of Mr. LAMISON, by unanimous consent, leave was given to withdraw from the files of the House the papers in the case of Mary A. Stonefield, with House resolution No. 1964, Forty-First Congress.

CENTRAL PACIFIC RAILROAD.

Mr. HARRIS, of Virginia. Mr. Speaker, on yesterday I was unavoidably detained at my home. If I had been present I should have

voted, as I did on a previous occasion, against what is known as the "Goat Island" bill, and I should also have voted for the amendments of the gentleman from Indiana, [Mr. HOLMAN.]

MUNICIPAL COURT FOR THE DISTRICT.

Mr. BUTLER, of Massachusetts, asked to have entered upon the Journal a motion to reconsider the vote by which the House on yesterday referred to the Committee for the District of Columbia Senate bill No. 637, to provide a municipal court for the District of Columbia, and for other purposes.

NAVY DEPARTMENT.

Mr. BLAIR, of Michigan, from the select Committee of Investigation into the Affairs of the Navy Department, reported the testimony taken by the committee; which was ordered to be printed, and recommitted.

ALLEGED OUTRAGES IN THE SOUTH.

Mr. POLAND, from the joint select Committee upon Alleged Outrages in the late Insurrectionary States, reported the testimony taken before the committee; which was ordered to be printed, and to lie on the table.

ORDER OF BUSINESS.

Mr. DAWES. I now move that the House

take a recess until half past seven o'clock this evening.

Mr. RANDALL. I insist on my motion that the House do now adjourn.

The SPEAKER. The question is first on the motion to adjourn.

The House divided; and there were-ayes 63, noes 79.

Mr. BANKS. I demand the yeas and nays. I hope the House will rebuke this indecent attack on the action of the Committee on

Foreign Affairs.

[A remark here by Mr. DAWES, and a further remark by Mr. BANKS, were inaudible to the reporters, in consequence of the loud knocking of the Speaker's gavel, calling members to order.]

The yeas and nays were ordered.

The question was taken; and it was decided in the affirmative-yeas 85, nays 64, not voting 91; as follows:

YEAS Messrs. Acker, Archer, Arthur, Banks, Biggs, Bingham, Austin Blair, James G. Blair, Boles, George M. Brooks, Buckley, Buffinton, Benjamin F. Butler, Roderick R. Butler, Cobb, Cotton, Davis, Dickey, Dox, Duell, Eames, Forker, Henry D. Foster, Garrett, Golladay, Griffith, Hambleton, Hancock, Handley, Hanks, Harper, Hay, John W. Hazelton, Hereford, Hibbard, Holman, Houghton, Killinger, Lamison, Lewis, Manson, Marshall, Maynard. McCormick, McIntyre, McJunkin, McNeely, Mercur, Morphis, Leonard Myers, Negley, Niblack. Packer, Eli Perry, Peters, Prindle, Randall, Read, Edward Y. Rice, John M. Rice, William R. Roberts, Rogers, Sargent, Sherwood, Shober, Shoemaker, Slater, John A. Smith, R. Milton Speer, Sprague, Stevens, Storm, Sutherland, Swann, Taffe, Washington Townsend, Turner, Tuthill, Twichell, Tyner, Voorhees, Whitthorne, Jeremiah M. Wilson, Wood, and Young-85.

NAYS-Messrs. Ambler, Ames. Averill, Barber, Beck, Bell, Bigby, Bird, Braxton, Bright, Burchard, Coghlan, Conger, Critcher, Dawes, Donnan, Duke, Dunnell, Elliott, Finkelnburg, Wilder D. Foster, Frye, Garfield, Goodrich, Hale, Halsey, Harmer, John T. Harris, Havens, Hawley, Gerry W. Hazelton, Hoar, Kelley, Kellogg, Kerr, Ketcham, Lansing, Lowe, McCrary, McGrew, Merriam, Monroe, Packard, Palmer, Isaac C. Parker, Peck, Perce, Rainey, Ritchie, Ellis H. Roberts, Rusk, Scofield, Sessions, Shanks, H. Boardman Smith, Snyder, Starkweather, Terry, Upson, Vaughan, Wakeman, Waldron, Willard, and Williams of Indiana-64.

NOT VOTING-Messrs. Adams, Barnum, Barry, Beatty, Beveridge, James Brooks, Burdett, Caldwell, Campbell, Carroll, William T. Clark, Freeman Clarke, Coburn, Comingo, Conner, Cox, Crebs, Creely, Crocker, Crossland, Darrall, De Large, Du Bose, Eldredge, Ely, Farnsworth, Farwell, Charles Foster, Getz, Haldeman, George E. Harris, Hays, Herndon, Hill, Hooper, Kendall, King, Kinsella, Lamport, Leach, Lynch, McClelland, McHenry, McKee, McKinney, Merrick, Benjamin F. Meyers, Mitchell, Moore, Morey, Morgan, Orr, Hosea W. Parker, Pendleton, Aaron F. Perry, Platt, Poland, Porter, Potter, Price, Robinson, Roosevelt, Sawyer, Seeley, Sheldon, Shellabarger, Slocum, Sloss, Worthington C. Smith, Snapp, Thomas J. Speer, Stevenson, Stoughton, Stowell, Strong, St. John, Sypher, Thomas, Dwight Townsend, Van Trump. Waddell, Walden, Wallace. Walls, Warren, Wells, Wheeler, Whiteley, Williams of New York, John T. Wilson, and Winchester-91.

So the motion was agreed to.

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

By Mr. BUCKLEY: The petition of Daniel J. Melvine, a citizen of Alabama, asking the removal of political disabilities imposed by the fourteenth article of amendments to the Constitution.

By Mr. BUFFINTON: The petition of Thomas Almy and 54 others, citizens of Fall River, Massachusetts, praying legislation for the protection of walrus in the Arctic seas.

By Mr. COGHLAN: The petition of Edward Naughton, M. J. Wright, and 500 others, citizens of Vallejo, California, praying the enactment into a law of the bill allowing to. tally and partially disabled soldiers increased pensions.

By Mr. KENDALL: The remonstrance of superintendents of different mines, representing all the ore-producing mines upon the Com. stock lode, against any further assistance from the Government to the Sutro Tunnel Company.

By Mr. KERR: The memorial of D. W. C. Thomas, H. D. Henderson, James Buynes, and 110 others, citizens of Washington county, Indiana, asking the enactment of the bill (H. R. No. 1738) allowing totally and partially disabled soldiers and seamen increased pensions.

By Mr. MAYNARD: The memorial of Mrs. Altimirah Bronson, praying Congress to grant her arrears of pay and bounty due her deceased husband, Enoch Bronson, of company D, first Tennessee light artillery.

By Mr. McCRARY: The petition of A. Bunker and 300 others, citizens of Washington county, Iowa, praying the passage of House bill No. 1738, allowing totally and partially disabled soldiers and seamen increased pensions.

By Mr. RICE, of Kentucky: The petition of L. C. Dils, of Pike county, Kentucky, asking pay as private soldier, &c., for the time he was held as prisoner by confederate military authority.

By Mr. WALDRON: The petition of R. A. Watts and 250 others, citizens of Adrian, Michigan, asking the passage of House bill No. 1738, which provides for increase of pensions to permanently disabled soldiers.

IN SENATE.

FRIDAY, April 26, 1872.

Prayer by the Chaplain, Rev. J. P. NEWMAN, D. D. The Journal of yesterday's proceedings was read and approved.

ISLAND OF YERBA BUENA.

The VICE PRESIDENT laid before the Senate the bill (H. R. No. 1553) relating to the Central Pacific Railroad Company; which was read the first time by its title.

Mr. COLE and Mr. STEWART rose.

The VICE PRESIDENT. This bill came from the Committee on the Pacific Railroad in the House of Representatives, and the Chair will recognize the Senator from Nevada, the chairman of the Committee on the Pacific Railroad.

Mr. COLE. Let it go over.

Mr. STEWART. I move that it be read the second time and referred to the Committee on the Pacific Railroad.

The VICE PRESIDENT. The Senator from California objects to its being read a

second time to-day, and desires it to go over. It has been read the first time.

Mr. STEWART. Then let it be printed. The VICE PRESIDENT. It will be printed, and go on the Calendar to be called up again.

CITIZENS IN OREGON.

Mr. CORBETT. I ask the Senate to take up Senate bill No. 695, subject to the morning business. It is important that that bill should be disposed of.

Mr. SUMNER. I wish to know of the Senator if that bill will take much time? Mr. CORBETT. No, sir, it will not take

any time.

Mr. SUMNER. How much time will it take?

Mr. CORBETT. Not over five minutes. Mr. SUMNER. There is a bill which I wish to get up this morning; the bill to secure equal rights in the schools of this District.

Mr. CORBETT. This bill will take no time. If it does, I will withdraw it. The VICE PRESIDENT. If there be no objection, the bill will be taken up subject to the morning business. The Senator from Oregon states that he will give way to the morning business.

Mr. EDMUNDS. We might as well let him have the bill passed at this moment as at any other time.

The VICE PRESIDENT. The Senator from Vermont suggests that the bill probably might be considered at this time.

Mr. EDMUNDS. I am sure there is no objection to it from anybody. It can be passed right away.

The VICE PRESIDENT. If there be no objection, the bill will be reported subject to objection.

The Senate, as in Committee of the Whole, proceeded to consider the bill (S. No. 695) to extend the rights of citizenship to certain per. sons born in the territory of Oregon previous to the year 1846.

Mr. EDMUNDS. It is only necessary to read the substitute.

The Committee on the Judiciary reported the bill with an amendment, to strike out the preamble and all after the enacting clause of the bill and insert the following:

That all persons born in the district of country formerly known as the Territory of Oregon, and subject to the jurisdiction of the United States at this time, are citizens of the United States in the same manner as if born elsewhere in the United States.

The amendment was agreed to.

Mr. CASSERLY. I do not wish, unless it is unavoidable, to object to a bill which is desired by the Senator from Oregon, and which respects that State; but the question involved here is whether or not the United States for a series of years set up a false and unfounded title to territory, and whether it shall now be declared by acts of Congress to have been false and unfounded. I would rather have it laid over until some time when the question can be fully discussed. The Senator from Ohio [Mr. THURMAN] spoke about it the other day.

The VICE PRESIDENT. The Senator from Oregon [Mr. KELLY] was on the floor when this bill passed from the consideration of the Senate, it being objected to the other day, and the Senator from Oregon will now complete his remarks, if the Senator from California has no objection.

Mr. CASSERLY. Of course I will yield. Mr. KELLY. I rose to explain the necessity of this bill the other day, and I should like to say a word upon it. By the joint convention between Great Britain and the United States in 1818 the territory of Oregon was held in common; that is, it was open to citizens of the United States and the subjects of Great Britain upon equal terms. There were of course in that territory a great many persons connected with the Hudson Bay Company, chiefly British subjects. They had children born there; born beneath the British

flag. Take, for instance, the case that arose in the State of Oregon, and was decided by the district court, to which reference was made the other day. A man was born at Astoria, then known as Fort George, beneath the British flag, and, as a matter of course, being the child of a British subject, and born without the allegiance of the United States, because he was not born within the allegiance of the United States, in order to make him a citizen, he was born within the allegiance of the king of Great Britain at the time, and it was so held by the court, and properly held. We had no right to make the children of British subjects American citizens; no more had they a right to make the children of American parents subjects of Great Britain. Both held the territory in common; it was a joint occupation, and in order to be a citizen of the United States he must have been not only born within the United States, but born within the alle giance of the United States. The child of a British minister born in this city is a British subject. It is true he is born in the United States, but he is born without the allegiance of the United States; and so it was there in Oregon. They were British subjects, and their children still remain so. There is no question that those who were born of American parents were American citizens; but the class to which this bill refers are the children of British subjects, born after the treaty of 1818 and before the treaty of 1846. That is all there is of it.

Mr. CASSERLY. I attended diligently, as far as two or three interruptions allowed me, to what was said by my friend from Oregon. If I understood his argument, it turned upon two points: first, that there was a certain portion of the territory that is now Oregon which was in the joint occupation of the two Governments; second, that the citizenship of the children born within the territory so held in joint occupation was regulated by the citizenship of their parents. I understand those to be the points upon which the Senator rests his argument. It is not necessary for me to combat either of those propositions. Yet I do not see, admitting both of them, that this is a proper bill. The bill reads as follows:

That all persons born in the district of country formerly known as the Territory of Oregon, and subject to the jurisdiction of the United States at this time, are citizens of the United States in the same manner as if born elsewhere in the United States.

That bill would embrace the very class of persons who, by the argument of the Senator from Oregon himself, were not entitled to American citizenship at the time of their birth; that is to say, it would embrace such children as were born of British parents within the territory in joint occupation. Is it intended to naturalize those persons by a special act which is not within the Constitution, which requires "an uniform rule of naturalization ?" I ask for information.

Mr. CORBETT. It is intended to make all those people who were born previous to the treaty of 1846 upon the territory that is now Oregon, which was claimed by our Government at that time, and by the treaty of 1846 was conceded to us, citizens the same as other persons born in that territory if they remain there now.

Mr. COLE. I understood that this bill was not to lead to any discussion so as to interfere with the morning business.

The VICE PRESIDENT. The Senator from California [Mr. CASSERLY] objected, but yielded to allow an explanation to be made, and now has risen to reply to the explanation, as the Chair understands.

Mr. CASSERLY. I think all this simply proves the difficulty of passing a bill of this importance in the morning hour. I ask the Senator from Oregon what were the treaty provisions in regard to those persons who being born of British subjects within the territory held in joint occupation continued to reside in

it after it had become a part of the territory of the United States?

Mr. CORBETT. There was no provision, as is usual in such treaties, that those persons should be American citizens. It is usual to provide in such treaties that all such persons are naturalized citizens, but there was no such provision in this treaty. Therefore it is necessary to pass this bill, and I hope we may be allowed to pass it without further debate.

Mr. CASSERLY. The Senator from Ore. gon [Mr. CORBETT] is mistaken. The practice is not as he supposes. The usual practice is either to permit foreign subjects found in territory acquired by us, to become citizens according to our laws; or else the rule is— certainly it was the rule adopted in the case of the treaty between the United States aud Mexico, which resulted in the American acquisition of California-that the subjects of the foreign Government, party to the treaty, are allowed a certain time within which to remove, if they see fit, from the territory. If, after the lapse of that period, they choose to remain, they are regarded in the absence of a declaration of intention to the contrary as citizens of the United States.

The VICE PRESIDENT. If the Senator from California objects to this bill, the right to object was reserved if it gave rise to debate. Mr. CORBETT. I hope the Senator will not object.

Mr. COLE. I object if the debate is to be continued.

The VICE PRESIDENT. The Senator from California [Mr. CASSERLY] still occupies the floor.

Mr. CASSERLY. I must say that I think the original bill is much better than the amend

ment.

The VICE PRESIDENT. Objection is made to further debate on the bill, and it passes from the consideration of the Senate. Petitions are in order.

MESSAGE FROM THE HOUSE.

A message from the House of Representatives by Mr. CLINTON LLOYD, its Chief Clerk, announced that the House had concurred in the amendment of the Senate to the resolution expressing regret at the death of Professor S. F. B. Morse.

ENROLLED BILLS SIGNED.

The message also announced that the Speaker of the House had signed the following enrolled bills:

A bill (S. No. 878) granting a pension to the minor children of Amanda M. Ritchey;

A bill (S. No. 879) granting a pension to Mary Armstrong;

A bill (S. No. 894) granting a pension to the minor children of Frederick F. Dayton, deceased;

A bill (H. R. No. 1866) for the relief of Mrs. Frances A. McKinney; and

A bill (H. R. No. 1544) for the relief of Martin Watkins, of East Windsor, Connecticut.

PETITIONS AND MEMORIALS.

Mr. HAMLIN presented a petition of citizens of Maine, soldiers of the late war for the suppression of the rebellion, praying for an equalization of bounties and for an amendment of the pension laws; which was referred to the Committee on Pensions.

Mr. WILSON presented four petitions of late soldiers and sailors of the volunteer Army and Navy, praying the passage of a bill to provide industrial homes and training schools for the orphans of soldiers and sailors; which were ordered to lie on the table.

Mr. HAMILTON, of Maryland, presented the memorial of Cardiff Tagart, son and heir and for the coheirs of John Tagart, late of Baltimore, Maryland, deceased, praying indemnity for spoliations committed by the French between the years 1793 and 1801; which was ordered to lie on the table.

Mr. SCOTT presented a petition of citizens of the United States, praying for appropriate legislation, so far as the juisdiction of the General Government may extend, prohibiting the manufacture, importation, and sale of intoxicating liquors for use as a beverage among the Indians and inhabitants of the western Territories and the soldiers there stationed; which was referred to the Committee on the Judiciary.

He also presented a petition of citizens of Philadelphia, Pennsylvania, praying for the passage of House bill No. 1738, allowing totally and partially disabled soldiers and seamen increased pension; which was referred to the Committee on Pensions.

He also presented the petition of M. B. Grier, trustee and guardian of Mary Stone Grier and Sarah Stone Grier, minor heirs of Samuel L. Grier, deceased, praying compensation for sixty-five bales of cotton; which was referred to the Committee on Claims.

Mr. TRUMBULL presented a petition of citizens of the United States, praying the passage of an act to prevent the obstruction of rivers, harbors, and landings by corporate bodies; which was referred to the Committee on Commerce.

Mr. CALDWELL presented a petition of citizens of Wyandott, Kansas, praying the passage of House bill No. 1738 allowing totally and partially disabled soldiers and seamen increased pensions; which was referred to the Committee on Pensions.

REPORTS OF COMMITTEES.

Mr. COLE. I desire to submit a report from the conference committee on the legislative, executive, and judicial appropriation bill, to be considered as soon as the morning business is concluded. I do not wish to interfere with the morning business, but I should like to have unanimous consent to do that.

The VICE PRESIDENT. The Senator from California makes a report from a conference committee, but suggests that it lie over until the morning business be concluded. The reports of other committees will now be received.

Mr. RAMSEY, from the Committee on Post Offices and Post Roads, to whom was referred the bill (S. No. 1013) to authorize the grantees of franchises for the construction and maintenance of bridges to mortgage the same, with such bridges and their appurtenances, reported adversely thereon, and moved its indefinite postponement; which was agreed to.

He also, from the same committee, to whom was referred the supplementary memorial of the United States and Brazil Mail Steamship Company, submitted a report, accompanied by a bill (S. No. 1032) to improve existing mail steamship service with Brazil.

The bill was read and passed to a second reading, and the report was ordered to be printed.

Mr. HAMILTON, of Texas, from the Committee on Pensions, to whom were referred the petition of Samuel Davis, surgeon eighty-third regiment Indiana volunteers, of New Trenton, Indiana, and the bill (S. No. 872) granting a pension of fifty dollars per month to Samuel Davis, of New Trenton, Indiana, reported them adversely.

The committee was discharged from the further consideration of the petition, and the bill was indefinitely postponed.

He also, from the same committee, to whom was referred the petition of Rebecca C. Meeker, asking a pension in consequence of the services of her late husband during the war of 1812, asked to be discharged from its further consideration; which was agreed to.

He also, from the same committee, to whom was referred the petition of Ellen Berrigan, widow of the late Kevan Berrigan, private in company B, second regiment Massachusetts volunteers, who died in hospital in 1864, asked to be discharged from its further consider

ation, the surgeon reporting that he died of delirium; which was agreed to.

He also, from the same committee, to whom was referred a joint resolution of the Legislature of the State of Texas, asking for a pension for Captain William W. Montgomery, asked to be discharged from its further consideration, the committee having reported such a bill, and the Senate having passed it; which was agreed to.

Mr. HAMILTON, of Texas. I am also directed by the same committee to submit a report on the petition of William J. Morris, of Illinois, praying to be granted a pension. The petition does not state in what service he was, and there are no papers on file to be found in the Pension Office. They infer from a letter of the Commissioner of Pensions that he was not in the military service at all. The committee instruct me to ask to be discharged from its further consideration.

The motion was agreed to.

Mr. HARLAN. The Committee on Indian Affairs, to whom was referred the bill (H. R. No. 1496) to carry out certain provisions of the Cherokee treaty of 1866, and for the relief of settlers on the Cherokee lands in the State of Texas, have directed me to report it back without amendment. The committee think the bill ought to be passed at once, and I ask for its present consideration.

The VICE PRESIDENT. If there be no dissent it will be reported subject to objection. Mr. POMEROY. A similar bill has already passed the Senate twice.

The Chief Clerk read the bill.

Mr. BOREMAN. It seems to me that is a matter of too much importance to be consid ered now.

The VICE PRESIDENT. Objection being made to the consideration of the bill, it will be printed and placed on the Calendar.

Mr. POMEROY. It is a bill, which has passed the Senate twice. This is a House bill, and if we concur in this it becomes a law. The same bill, passed the Senate at the last Congress, and it has passed at this Congress, but not this identical bill.

Mr. BOREMAN. We had better have a little time to consider it, I think.

Mr. CLAYTON. I wish to say to the Senator from West Virginia that it is very important that the bill should pass promptly.

The VICE PRESIDENT. Objection is made to the consideration of the bill, and, it will be placed on the Calendar.

Mr. COLE. I now present the report of the committee of conference on the legislative, executive, and judicial appropriation bill.

Mr. EDMUNDS. I want that report to lie until we can look at it before it is acted upon. The VICE PRESIDENT. The Senator from Vermont objects to the present consideration of the report of the conference committee. Reports of committees are still in order.

Mr. FENTON. I am instructed by the Committee on Finance, to whom was referred the bill (H. R. No. 1789) to permit the importation, free of duty, of certain Highland kilts and uniforms for the seventy ninth regiment of Highlanders, of the national guard, State of New York, to report it back with the recommendation that it be indefinitely postponed. I ought to state that I regret to be obliged to make an adverse report upon this bill, but the circumstances are such that the Committee on Finance cannot make any other report. I wish the bill placed on the Calendar, however.

The VICE PRESIDENT. That course will be pursued.

Mr. STOCKTON. The Committee on Naval Affairs, to whom was referred a bill (S. No. 104) for the relief of Joseph Lanman, have had the same under consideration, and have directed me to report it favorably, and accompanying it with a written report on the subject. I move that the report be printed. The motion was agreed to.

Mr. BUCKINGHAM. I ask that that bill be put on its passage.

Mr. COLE. I understand there is a report submitted which has not yet been printed.

The VICE PRESIDENT. Objection is made.

Mr. NYE, from the Committee on Territories, to whom was recommitted the bill (H. R. No. 1030) to regulate elections in Wash. ington and Idaho Territories, reported it without amendment.

Mr. TIPTON, from the Committee on Pensions, to whom were referred the following petitions, asked to be discharged from their further consideration, and moved that Levi Childs have leave to withdraw his papers; which was agreed to:

The petition of Annie Holliday, praying to be allowed a pension;

Two petitions of citizens of Wisconsin, praying that T. J. Hurlbut be allowed a pension; The petition of T. J. Hurlbut, praying that he be allowed a pension;

The petition of Lewis Shields, praying aid in consequence of a wound received at the battle of Gettysburg; and

The petition of the guardian of Mary Ann McKeever, praying that she be granted a pension.

MARGARET H. JUDD.

Mr. TIPTON. I am also instructed by the Committee on Pensions, to whom was referred Margaret H. Judd, of Wilmington, Delaware, the bill (S. No. 857) granting a pension to to report it back with amendments, and ask that the bill be now put on its passage.

There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the bill.

The Committee on Pensions proposed to amend the bill so as to make it read:

That the Secretary of the Interior be, and he hereby is, authorized and directed to place upon the pension-roll the name of Margaret H. Judd, of Wilmington, Delaware, the aunt and adopted mother of the late Captain William Judd Fetterman, twenty-seventh infantry, United States Army, and pay her, subject to the provisions and limitations of the pension laws. a pension as a dependent mother. The amendment was agreed to.

The bill was reported to the Senate as amended, and the amendment was concurred in. The bill was ordered to be engrossed for a third reading, was read the third time, and passed.

BILL RECOMMITTED.

On motion of Mr. AMES, it was

Ordered, That the bill (S. No. 996) to repeal so much of section six of an act making appropriations for the support of the Army for the year ending June 30, 1870, and for other purposes, approved March 3, 1869, as prohibits promotions in the staff departments of the Army, be recommitted to the Committee on Military Affairs.

INTERNAL REVENUE LAWS.

On motion of Mr. SHERMAN, it was Ordered, That fifty copies of the act approved June 25, 1868, entitled An act imposing taxes on distilled spirits and tobacco, and for other purposes," and the acts amendatory thereof, be printed in bill form for the use of the Committee on Finance.

THOMAS B. WALLACE.

Mr. BLAIR. I ask unanimous consent to call up the bill (S. No. 569) for the relief of Thomas B. Wallace, of Lexington, in the State of Missouri, reported from the Committee on Claims.

Mr. COLE. I will say to my friend that a conference committee report is a subject that always should be promptly disposed of.

Mr. BLAIR. This is a small matter. I expect to be absent from the Senate for a week or ten days, and I desire to get this bill up before I leave.

Mr. COLE. If it causes no discussion I shall not object.

The bill was read. Its preamble recites that on the 13th of September, 1861, the dwelling. house and out-buildings, and the furniture and other property therein, belonging to Thomas B. Wallace, of the city of Lexington, Missouri, situated in that city, were destroyed by