1872. THE CONGRESSIONAL GLOBE. I wish to have the provision the conference committee have agreed upon touching cotton read. The VICE PRESIDENT. The Secretary will read that part of the conference report relative to the so-called Morrill amendment. The Chief Clerk read the last item of the conference report as foilows, on the deficiency bill H. R. No. 1654: That the House recede from their amendment to the sixty-fourth amendment of the Senate and agree to the same with the following amendment: substitute for said Senate amendment the following: "that the Secretary of the Treasury be, and he is hereby, authorized and directed to pay to the lawful owners, or their legal representatives, of all cotton seized after the 30th day of June, 1865, by the agents of the Government unlawfully and in violation of their instructions, the net proceeds, without interest, of the sale of said cotton actually paid into the Treasury of the United States: Provided, That the receipts thereof shall be taken and received in full satisfaction of all claims against the United States for or on account of the seizure of said cotton; and a sufficient sum for such payment is hereby appropriated out of any money in the Treasury not otherwise appropriated: And provided further, That the foregoing provisions shall not apply to any claim now pending before the Court of Claims, nor to any claim not filed in the Treasury Department within six months after the passage of this act; and the sum of $20,000 is hereby appropriated for the payment of the necessary expenses of defending the United States in respect to claims for said proceeds, to be expended under the direction of the Secretary of the Treasury;" and the Senate agree to the same. Mr. EDMUNDS. I wish to inquire wheth er it is in order to move that the Senate recede from its original amendment upon which this proposition of compromise hangs? The Chair will The VICE PRESIDENT. reply that in the present condition of the bill, it would not be in order. If the House of Representatives had made no amendment to the provision called the Morrill amendment, then it would be in order at this stage for the Senate to recede; but as they proposed an amend. ment, the Senate must act upon their amendment to the Senate amendment, and they must therefore disagree to it, or agree to it, or agree to it with an amendment, as proposed by the committee of conference. it has no precedent, and it never ought to be a of proposing in respect to claims arising in I hope, therefore, the Senate will disagree Mr. SAWYER. In the first place, in reply Mr. EDMUNDS. That being the case, I hope the Senate will not agree to this report of the committee of conference. Here is a proposition which was not discussed in the Senate at all, an entirely and totally different subject from the one we spent days upon; as different as two subjects can be, except that they relate to cotton-that is the only connection they have-right to take it, and when it was sold for not falling under entirely different provisions of law; and we agreed to one proposition, which we understood on all sides. Of course there was a great difference of opinion as to what ought to be done, but we all understood what we were about. We sent it to the House, and they proposed to strike that out and do a totally different thing. We disagreed to that. Now comes the conference, which changes the substance of what we passed to an entirely different subject, for an entirely different purpose, a subject that we have not had any report upon from the Secretary of the Treasury, subject that we know nothing about except as we get it in debate, stating that there is cause in a certain degree for this or that proceeding on the subject, without any investigation as to how the facts really stand about it, and giving an unlimited draft, as you will perceive, upon the Treasury for anybody who chooses to make a claim, which in respect to any other claim would not be allowed to come into the Treasury at all, but all claims are obliged to come here and be considered. You are going to put the people whose property was picked up after the end of the war upon a footing that you would not put the citizens of any other States of the Union for a mo ment whose property may have been unlaw. fully taken at any time during the war or after the war, and give an unlimited draft upon the Treasury, and leave it entirely to the discre tion of the Treasury officers how much money they shall pay out of the Treasury. I say it is most dangerous legislation. I say over thirty per cent. of its value in the hands Mr. COLE. I wish to have read at the desk Mr. MORTON. I desire to say one word before that letter is read. I know what it is. Mr. President, I was in favor of the Morrill amendment, and am sorry it was not agreed to by the House. There may be some technical objection to this amendment offered here by the conference committee, as not hav ing been considered; but aside from that it seems to me there ought to be a remedy for the property taken after the close of the war. When peace was declared and property was unlawfully taken, there ought to be a remedy, and parties ought not to be subjected to the delay and expense of working a bill through that where property was taken after the war Congress. It is something of a hardship to say was over, unlawfully seized, the party now is simply allowed to get.the principal without interest. I am in favor, at least, of some remedy in a case of that kind. The PRESIDING OFFICER, (Mr. FERRY, of Michigan, in the chair.) If there be no objection, the Secretary will now report the letter of the Secretary of the Treasury. Mr. SHERMAN. I will simply say in reply to the Senator from Indiana, that the answer I gave to that yesterday was that for two years and a half this money was subject to any claim made by any of these parties, and two millions of it was paid. Mr. FLANAGAN. Mr. President. I shall be very briefBefore the Senator proceeds I desire to have that letter read as a part of my remarks. Mr. COLE. The PRESIDING OFFICER. The letter will now be read. The Chief Clerk read as follows: TREASURY DEPARTMENT, May 10, 1872. SIR: I have the honor to acknowledge the receipt of your letter of the 27th ultimo, concerning a bill authorizing the Secretary of the Treasury to pay claims for the proceeds of cotton seized after the 30th of June, 1865, the substance of which has been put into the deficiency appropriation bill by the House as a substitute for the so-called Morrill amendment, although they relate to distinct classes of claims, the former almost wholly to claims of which the Court of Claims cannot take jurisdiction, solely because of the expiration of the time allowed by statute for filing such claims; the latter to claims properly pending in said court. In response to communications from several Senhave expressed the ators and Representatives, opinion, to which I still adhere, that it would be preferable to reopen the Court of Claims for a limited time to the claimants of cotton seized after the 30th of June, 1865, by agents of the Government in violation of their instructions, than to provide for the adjudication of such claims in the Treasury Department. In view of the possibility that such claims may be remitted to this Department for adjudication, I deem it proper to suggest several amendments to the section as adopted by the House in the nature of safeguards for the protection of the Treasury against improper claims. By inserting the words "in violation of their instructions" after the words "by the agents of the Government" the Department would be relieved from the consideration of claims for the large amount of cotton sold or contracted to be sold to the confederate government and found in the hands of the original owners or those to whom they had attempted to dispose of it in fraud of the rights of the Gov ernment. The innumerable controverted questions of law and disputed facts that must inevitably arise in the consideration of this important subject, involving four or five million dollars, render it highly proper that they should be examined and determined by a competent judicial tribunal. In compliance with instructions of the President and the Secretary of the Treasury, issued after the 30th of June, 1865, large quantities of cotton were also seized as the property of certain corporations or organizations entitled exporting and importing companies which were formed for the purpose of running the blockades, and were mere auxiliaries to the so-called confederate government in its efforts to subvert and overthrow the Government of the United States. The agents of the Government were instructed to take charge of and treat such property as property which was used to aid the rebellion, and therefore belonging to the United States by the Unless the suggested amendment right of capture.' is made, the Secretary of the Treasury may be required to allow this class of claims. As an additional amendment I should also suggest that claims now pending in the Court of Claims for cotton seized after the 30th of June, of which there are a considerable number, be excepted from the provisions of the section under consideration, otherwise it is probable that claims for a large amount would be withdrawn from that tribunal to be prosecuted before the Department, where, from the necessity of the case, it is impossible to apply the impartial and necessary rules of law governing judicial investigations. There should also be some limitation to the time for filing claims in the Department, and, as in all ex parte examinations, there is a possibility that a claim may be apparently well founded when in fact a claimant having a better title may subsequently appear, it seems to be desirable that all claimants should be required to file their claims before any awards are made. The interests of the Government and the rights of conflicting claimants can thus be best protected. In this view of the matter it is suggested that six months from the passage of this act would give ample time for all claimants to appear. If the duty of adjusting these claims is to be devolved upon the Secretary of the Treasury, I deem it indispensable that an appropriation be placed under his direction for the proper defense of the United States in respect to such claims. The sum of $20,000, I think, would be adequate for the purpose. I inclose the section as adopted by the House, with the suggested amendment added thereto in brackets. In addition to the cotton collected as the property of the confederate government, and that claimed by blockade-running companies, considerable quantities of private cotton were also seized after the 30th of June, in many cases on mere suspicion of being tainted or liable to forfeiture, or on other pretexts by over-zealous if not reckless agents or parties having contracts for collecting such property, interested in making large seizures for the sake of the percentage they were allowed for such collections. The net proceeds of the cotton seized after the 30th of June, 1865, are estimated to exceed $5,000,000, of which possibly half a million would be returnable under the section amended as I have suggested. As those amendments would limit the operation of the section to claims for private property seized contrary to the instructions of the Government, after the rebellion had ceased, it would be unjust to discriminate against such claimants as were disloyal. I think the provision to refund the net proceeds will amply protect the Government against payment for the gross value. I desire to call your special attention to the debate on the subject in the House on the 7th instant, to be found in the Globe of the following day. In the course of the debate several erroneous statements were made, doubtless through inadvertence, which I here refer to so far as they are not corrected by the preceding statement. By reference to Executive Document No. 113, Forty-First Congress, third session, House of Representatives, it will be seen that the balance of proceeds of abandoned and captured property remaining in the Treasury on the 9th of February, 1871, amounted in round numbers to the sum of $22.600,000, which included the proceeds of products of insurrectionary States purchased for the United States under the eighth section of the act of Congress of July 2, 1864, amounting to $2,400,000. Deducting this last amount the balance at that date applicable to claims of every kind against the captured and abandoned property fund was $20,200.000. The amount since paid on judgments of the Court of Claims is $1,300,000. The amount required to pay judgments of the Court of Claims rendered at the present term will amount to about nineteen hundred thousand dollars. The probable amount that will be required to satisfy future judgments of the Court of Claims and awards of the American and British claims commission will be about fourteen million dollars; leaving, to represent all other property seized and collected, including the cotton of the confederate government, the sum of $3,000,000. The statement that "there are now, not in the Court of Claims, but before the Secretary of the Treasury, adjudicated claims settled and allowed for the proceeds of cotton," merely needing an appropriation, if intended to mean other claims than those adjudicated by the Court of Claims, is entirely erroneous. The assertion that the present "Secretary of the Treasury holds the action of the agents of the Government in seizing those cottons was without authority of law" should be limited to such of the cotton seized after the 30th of June, 1865, as was seized in violation of the instructions of the Government. Such seizures have not been the subject of a decision of the Supreme Court, as intimated. The case involving the legality of such seizures to which reference is probably intended. (McLeod vs. Callicot,) was decided in the United States circuit court, at Charleston, South Carolina, by Mr. Chief Justice Chase and a jury, in favor of the plaintiff; but for some reason unknown to me the case was not submitted to the Supreme Court for revision. Very respectfully, GEO. S. BOUTWELL, Secretary of the Treasury. Hon. T. O. HOWE, United States Senate. Mr. COLE. All the amendments that were recommended by the Secretary of the Treasury as safeguards to the Treasury are adopted in the report that is recommended by the conference committee. Mr. EDMUNDS. He recommended that you should not do anything of the kind. Mr. COLE. I say, all the amendments that he recommended for the protection of the Treasury have been agreed to by the commit Mr. FRELINGHUYSEN. Idesire to know from the Senator from California whether I understand that letter aright. I understand the Secretary as advising the Senate and Con gress distinctly not to adopt the measure which is now reported. Mr. COLE. The letter speaks for itself. Mr. FRELINGHUYSEN. I hope we shall not adopt it. Mr. COLE. I ask unanimous consent to extend the time for taking a recess fifteen minutes. Mr. EDMUNDS. No, sir. It is important that this bill should pass as soon as possible. Mr. EDMUNDS. The trouble about that is that everybody will be gone to dinner, and we shall only find a very thin Senate here, and I think a matter of this importance ought to be determined by a full Senate. Mr. STEWART. The Senator from California had better give way to me. The PRESIDING OFFICER. The Senator from Vermont objects to the proposition of the Senator from California. Mr. SAWYER. I wish to say one word right on this point. Mr. FLANAGAN. I believe I shall go through with my remarks, and then I shall be happy to hear my friend from South Carolina. Mr. SAWYER. I wish to say a word in reference to the closing sentence of the letter of the Secretary of the Treasury which contained an error. Mr. FLANAGAN. Very well. Mr. SAWYER. The Secretary says in his letter that the case of McLeod vs. Callicott | was not subjected to the decision of the Supreme Court. It is a fact that that case was brought to the Supreme Court, and was dismissed on the motion of the solicitor of the United States. Mr. FLANAGAN. Mr. President, the high regard I have for the Secretary of the Treas. ury Mr. SHERMAN. I trust the time for taking a recess will be extended fifteen minutes, to see if this report can be disposed of. The PRESIDING OFFICER. The Senator from Vermont has objected to that proposi tion. Does the Senator from Vermont withdraw his objection. to the extension of the time? Mr. EDMUNDS. No, sir, I do not. I intend that this matter shall be determined, if possible, by a full Senate. Mr. STEWART. If the Senator from Texas has not time to finish his remarks, I will move to lay aside this conference report and extend the time fifteen minutes, in order to enable me to pass the coal bill. Mr. FLANAGAN. I am not going to be tedious. The PRESIDING OFFICER. The Senator from Texas has the floor, and declines to yield. Mr. FLANAGAN. Mr. President, I will say very briefly that I object entirely to the ideas conveyed to the Senate by the Secretary of the Treasury in the letter which has just been read. The line is clearly drawn by him that would relieve the Government from all responsibility for any bale of cotton that they had seized, no matter how unrighteously. For instance, an officer went upon the premises of A, B, or C, with his armed posse, and by force took the cotton there. As a matter of course the Government would not recognize that that was properly done, and would not pay for it. That is the idea precisely that is advanced in that letter. That will not do. We cannot afford Mr. COLE. Let me appeal to my friend to allow me to ask the Senate for an extension of the time for five or ten minutes, in order to allow my friend from Nevada, to whom I am bound by promise to do so, to pass his coal bill. I appeal to the Senate to do that. The PRESIDING OFFICER. The Senator is made by the Senator from South Carolina. Mr. STEWART. I move, then, that the time be extended. The PRESIDING OFFICER. The Chair now recognizes the Senator from Pernsyl vania, [Mr. SCOTT.] He yielded on condition that he should resume the floor oue minute before half past four o'clock. That time bas arrived, and the Senator from Pennsylvania is recognized. Mr. STEWART. I move that the time be extended fifteen minutes in order to allow me to dispose of the coal bill. Mr. ROBERTSON. I object. order. That motion is not in The PRESIDING OFFICER. Objection is made, and the motion is not in order. The Senator from Pennsylvania is recognized. Mr. SCOTT. I resume the floor simply for the purpose of having the floor to-morrow at twelve o'clock, when the unfinished business will come up, being Senate bill No. 656. The PRESIDING OFFICER. The time fixed for taking a recess having arrived, the Senate will now take a recess until half past seven o'clock this evening. EVENING SESSION. The Senate reassembled at half past seven o'clock p. m. The PRESIDING OFFICER, (Mr. FERRY, of Michigan, in the chair.) By order of the Senate, the evening session is devoted exclusively to reports from the Committee on Com merce. DUNSTAN RIVER. Mr. CHANDLER. The Committee on Commerce have directed me to report back without amendment, House bill No. 2313, to authorize the construction of a bridge over the tide-water of Dunstan river, in the State of Maine, and to ask for its present consideration. By unanimous consent, the Senate, as in Committee of the Whole, proceeded to consider the bill. It provides that the inhabitants of the town of Scarborough, Cumberland county, Maine, may be licensed to build as in their judgment may be or may become necessary to facilitate intercommunication, a bridge or bridges either for railroad or ordinary travel over the tide water of Dunstan river at or above the steep banks so called on that river without any draw in the bridge or bridges so constructed. Mr. POMEROY. That has not got the safeguards that we usually put into bridge bills. Mr. HAMLIN. Let me tell the Senator that nothing of the kind is necessary. I know it is all right. This is a little creek over which there is no commerce in the world; but it is tide-water, and therefore the consent of Congress is necessary. It is petitioned for by the people. There is no navigation on the river. Mr. POMEROY. That may all be so; but if I were to draw a bill I would draw the bill right. The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. DAVENPORT AND ST. PAUL RAILROAD COMPANY. Mr. CHANDLER. I move that the Senate proceed to the consideration of House bill No. 1672. The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to the consideration of the bill (H. R. No. 1672) granting to the Davenport and St. Paul Railroad Company the right of way. The Committee on Commerce reported the bill with amendments. The first amendment was in section one, 1872. THE CONGRESSIONAL GLOBE. line six, to strike out the words "superstruc ture of the" before the word "bridge;" so as to read: That the Davenport and St. Paul Railroad Company, a corporation existing under the laws of the State of Iowa, be, and is hereby, authorized, upon the payment of one third of the cost of the bridge over the main channel of the Mississippi river at Rock Island, and shall also be liable for and pay one third of the cost of keeping the same in repair, to pass the cars of the said Davenport and St. Paul Railroad Company over said bridge, with the same rights and privileges, and subject to the same restrictions, that are or may be exercised or enjoyed by any other railroad company. 66 The amendment was agreed to. The next amendment reported by the committee was in section two, line two, after the words "United States," to insert the words one half of;" in line three, after the word to insert the words "and the payment act, to the Chicago, Rock Island, and Pacific Railroad Company of the remaining half of said sum of money;" and after the word "direction," in line eleven, to insert the words "and shall continue under the control;" so as to read: That upon the payment into the Treasury of the United States of one half of the money referred to in section one of this act, and the payment to the Chicago, Rock Island, and Pacific Railroad Company of the remaining half of said sum of money, said Davenport and St. Paul Railroad Company shall be authorized to construct and maintain its own track and bridge from the east end of the bridge first above mentioned to the city of Rock Island, in the State of Illinois: Provided, however, That the same shall be done without any expense to the Government of the United States, and under the direction and shall continue under the control of the Secretary of War. President and Vice President for the State of Louisiana for the year 1872, in which it requested the concurrence of the Senate. ENROLLED BILLS SIGNED. The message also announced that the Speaker of the House had signed the following enrolled bills:. A bill (H. R. No. 2048) for the relief of Robert A. Mayo, of Richmond, Virginia. A bill (H. R. No. 207) for the relief of Robert L. D. Burchfield; and A bill (S. No. 845) to authorize the construction of certain bridges across the Mississippi river, and to establish the same as post roads. QUARANTINE ON SOUTHERN COAST. I move that the Senate Mr. CHANDLER. now proceed to the consideration of House joint resolution No. 82. The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the joint resolution (H. R. No. 82) providing for a more effective system of quarantine on the southern and Gulf coasts. The Committee on Commerce reported the joint resolution with amendments. The first amendment reported by the committee was in line six, after the word "Mexico," to insert the words "and the Atlantic coast." The amendment was agreed to. The next amendment was in line twelve, after the word "towns," to strike out the words "and the proper means to prevent such outbreaks," and to insert "and whether any system of quarantine is likely to be effective in The next amendment was in section three, preventing invasions of yellow fever, aud if The amendment was agreed to. after the word "act," in line ten, to insert: And when completed any other railroad company or companies shall be permitted, under the direction of the Secretary of War, to pass their trains of cars oversaid last-named bridge and track and approaches thereto upon paying to the parties then in interest their proportionate share of the cost thereof, and of keeping the same in repair: And provided further, That nothing contained in this act shall be so construed as to interfere with any right or claim of the United States to control so much of the original line or bridge as is located east of the main channel of the Mississippi river. So that the proviso will read: And provided also, That said track and bridge shall be completed within two years from the passage of this act; and when completed any other railroad company or companies shall be permitted, &c. The amendment was agreed to. The next amendment was to add as section four the following: SEC. 4. That the Davenport and St. Paul Railroad Company shall have the right to use the approaches to said bridge, and in case the parties hereto cannot agree upon the terms for using said approaches to said bridge, then, and in that case, the same shall be fixed by the Secretary of War, upon such terms and in such manner as he may deem just and proper. The amendment was agreed to. Mr. TRUMBULL. I should like to inquire if these amendments obviate the objections that were made by the Chicago and Rock Island Company. Mr. CHANDLER. Yes, sir, entirely. The bill was reported to the Senate as amended, and the amendments were concurred in. It was ordered that the amendments be engrossed, and the bill read a third time. The bill was read the third time, and passed. REPORTS OF COMMITTEES. Mr. POMEROY, from the Committee on Public Lands, to whom, was referred the bill (S. No. 986) to settle land titles in the State of Iowa, reported it with amendments. He also, from the same committee, to whom was referred the bill (S. No. 1015) to quiet the title of certain lands in the State of Iowa, reported it with amendments. MESSAGE FROM THE HOUSE. A message from the House of Representatives by Mr. CLINTON LLOYD its Chief Clerk, announced that the House had passed a bill (H. R. No. 531) to prescribe the time for holding the election for choosing electors for so, what system will least interfere with the The amendment was agreed to. The resolution, as amended, reads as follows: The joint resolution was reported to the Mr. HARLAN. Ought not this resolution to be changed to an act? The PRESIDING OFFICER. It is a House joint resolution. It is so received and recorded, and will have to be considered as it is. PENINSULA IN LAKE ERIE. Mr. CHANDLER. I now move that the Senate proceed to the consideration of Senate bill No. 677. The motion was agreed to; and the bill (S. No. 677) to authorize the Secretary of War to accept the peninsula in Lake Erie, opposite the harbor of Erie, in the State of Pennsylvania, was considered as in Committee of the Whole. It authorizes the Secretary of War to receive and accept from the marine hospital of Pennsylvania, a corporation duly incorporated by the Commonwealth of Pennsylvania, the title to a piece or parcel of land, being the peninsula lying to the northward of and inclosing the Bay of Presque Isle, and containing two thousand and twenty-four acres, more or less, to be held by the Government of the United States for the protection of the harbor of Erie; but the deed conveying the same is not to be received or accepted until the title is complete and indefeasible, nor unless the acceptance thereof shall be recommended by a board of officers appointed by the President. The Committee on Commerce reported an amendment, which was in line fourteen to insert after the word "officers" the words "of the corps of engineers." 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. COASTING TRADE. Mr. CHANDLER. I move that the Senate proceed to the consideration of Senate bill No. 799. The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill (S. No. 799) to amend an act entitled "An act to regulate the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States, and for other purposes.' The Committee on Commerce reported an amendment, which was to strike out all after the enacting clause of the bill and insert the following: an That the first section of an act entitled as above, approved July 1, 1870, be, and hereby is, amended to read as follows: "That the master of every vessel enrolled or licensed to engage in the foreign and coasting trade on the northern, northeastern, and northwestern frontiers of the United States shall. before the departure of his vessel from a port in one collection district to a port or place in another collection district, present to the collector at the port of departure duplicate manifests of his cargo, or, if he have no cargo, duplicate manifests setting forth that fact, which manifests shall be subscribed and sworn to by the master before the collector, who shall indorse thereon his certificate of clearance, retaining one for the files of his office, and delivering the other for the use of the master. And the master of any vessel enrolled and licensed as aforesaid, destined from a place in one collection district of the United States, where there may be no custom-house, to a port or place in another collection district, shall have on board a manifest subscribed by himself, setting forth the cargo laden at the place of departure, or laden or unladen at any intermediate place, or, if he have no cargo, setting forth that fact; and such manifest shall be presented for certification to the proper officer of the customs at the first intermediate port at which such vessel may arrive. And if any vessel clearing or departing from a port or place to a port or place in another district as herein before mentioned shall touch at any intermediate port or place in the United States and there discharge cargo taken on board at an American port or place, or at such intermediate port or place shall take on board cargo destined for an American port or place, the master shall enter such lading or unlading on his manifest obtained or provided at the original port or place of departure; and if such vessel touch at intermediate port, the master shall report such lading or unlading to the collector or other proper officer of the customs of such intermediate port, by filing with such officer a manifest of the cargo taken on board or unladen at such intermediate port, or if the master shall neither receive nor deliver any cargo he shall so report, certifying to that fact, and the collector shall indorse upon the original manifest his certificate of clearance, and return the same to the master: Provided, That such vessels touching at any intermediate port or ports, and reporting to the collector as herein provided for, shall not be required to pay any additional fees for so reporting. And the master of any such vessel sailing as aforesaid shall, within twenty-four hours after arrival, deliver the manifest retained by him as aforesaid to the proper officer of the customs at the port of destination specified in such manifest, or at the port at which the unlading of the cargo may be completed; or if such unlading be completed at a place where there may be no custom-house, the master shall deliver such manifest to the proper officer of the customs at the port at which the vessel may next arrive after leaving the place of destination specified in such manifest: Provided further. That the foregoing requirements shall not apply to steam-vessels engaged in regular navigation and constituting a part of a line between certain ports where there may be custom-houses, when stopping at intermediate ports to take on or discharge passengers, baggage, or goods, wares or merchandise, not immediately destined for or received from any foreign port or place; but the master of such steamer shall enter such lading or unlading on his manifest obtained at the original port of departure, and shall forward a manifest subscribed and sworn to by himself, of such lading or unlading, to the proper officer of the customs at suck intermediate port before his departure therefrom, or within twenty-four hours after arriving at the port of destination specified in his original manifest: And provided further, That the master of any vessel with cargo, passengers, or baggage, from any foreign port or place, shall obtain a permit and comply with existing laws before discharging or landing the same: And provided further, That nothing in this section contained shall exempt masters of vessels from reporting, as now required by law, any goods, wares, or merchandise destined for any foreign port: And be it further provided, That no permit shall be required for the unlading of cargo brought from an American port.' SEC. 2. That the second section of the act above referred to, approved July 1, 1870, be, and is hereby, amended to read as follows: "that the master of every vessel enrolled or licensed asa foresaid, destined from a port or place in a collection district of the United States to another port or place in the same collection district, shall have on board a manifest, subscribed by himself, setting forth the lading of what kind soever on board such vessel, which manifest shall be delivered to the proper officer of the customs at the port at which the unlading of the cargo may be completed, or if such unlading be at a place having no custom-house, to the collector or other proper officer of the customs at the next port at which the vessel may arrive after such unlading, And all manifests required by this act to be carried on any vessel shall be exhibited by the master for the inspection of any officer of the revenue when thereunto by him required. And so much of the act entitled 'An act for enrolling and licensing ships or vessels to be employed in the coasting trade and fisheries, and for regulating the same,' approved February 18, 1793, as relates to the manifests of cargoes of vesaels, is hereby declared inapplicable to the cargoes of vessels enrolled and licensed as aforesaid; and the first section of the act entitled An act to further provide for the collection of the revenue upon the northern, northeastern, and northwestern frontier, and for other purposes,' approved July 14, 1862, and all acts and parts of acts conflicting with the provisions of this act, are hereby repealed." 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. PUBLICATION OF MAPS. Mr. CHANDLER. I now move that the Senate proceed to the consideration of Senate bill No. 888. The motion was agreed to; and the bill (S. No. 888) to provide for the publication of certain maps of survey of the upper Mississippi and the Minnesota rivers, was read the second time, and considered as in Committee of the Whole. It proposes to appropriate $7,000, or so much thereof as may be necessary, for the publication of one thousand copies of the maps of survey of the upper Mississippi and the Minnesota rivers, made under the supervision of Major G. K. Warren, corps of engineers, United States Army, in 1866 and 1867, under the direction of the War Depart ment. Mr. POMEROY. Should not that go to the Committee on Printing? Do we not always send such questions to the Committee on Printing under our rules? Mr. CHANDLER. This is a recommendation from the War Department. The surveys have been made and maps drawn that have been quite useful for commerce, and we wish to order one thousand copies. Mr. POMEROY. Do not our rules require the reference of all such propositions to the Committee on Printing? Mr. CHANDLER. If they do, let it go to the Committee on Printing. Mr. TRUMBULL. The printing of the usual number need not go to that committee. Mr. POMEROY. It is a question of printing maps. I have never been able to get them printed from the Committee on Public Lands, except by sending them to the Committee on Printing. The Commissioner if the General Land Office reports every year the necessity of printing a certain number of maps, and we always have to send them to the Committee on Printing. I do not care to make the point if the Senator does not choose to make it himself. The bill was reported to the Senate without amendment. Mr. HARLAN. This makes an appropri ation, as I understand it. Mr. POMEROY. Let the bill be read again. Mr. HARLAN. The work ought perhaps to be done at the Printing Office. The Chief Clerk read the bill. Mr. CHANDLER. I do not think it is necessary to send that to the Committee on Printing. The PRESIDING OFFICER. It is not necessary under the rules. Mr. HARLAN. But is it a good thing to get our printing done elsewhere when we have a vast Government establishment? Mr. POMEROY. It does not come under the rules strictly speaking, I see, but I think after all it should go to the Committee on Printing. Mr. MORRILL, of Vermont. We have some law which provides that any amount beyond a certain sum shall be referred to the Committee on Printing. I move that the bill be referred to the Committee on Printing. Mr. HAMLIN. I do not think this has any earthly connection with the Committee on Printing. This is a direct appropriation for a map to be provided by the engineer corps. It is where we order printing to be paid for out of our own funds that the proposition goes to the Committee on Printing; but here is an appropriation which takes it away from that rule. Mr. MORRILL of Vermont. I inquire of the Senator from Maine, why should this work go away from the Public Printing Office? Why not have it printed there? Mr. HAMLIN. They do not print maps there. Mr. MORRILL, of Vermont. Oh, yes they do. Mr. HAMLIN. It goes to another branch of the Government, the engineer department, does it not? Mr. CHANDLER. Certainly. Mr. HAMLIN. I do not think it should go to the Committee on Printing, because it does That is the object of referring it to our comnot take any money from our contingent fund. mittee. Mr. HARLAN. No doubt Congress can pass a law sending any job of priuting anywhere else. It is merely a question of expediency. If this bill passes, of course any officer having the work in charge can hire it to be done at any private establishment. I suppose the Government Printing Office was established and we are paying the men to keep it up with a view of economizing. It is only on that view of the case that I have made the suggestion that I did, that this work ought to be done where other work of the kind is done under the Government. They print everything at the Government Printing Office. Of course it will have to be lithographed. They do map printing there. Mr. SCOTT. I observe that the bill simply provides for the publication of the maps without making any provision for their distribution after publication. How are they to be distributed? shall cast, throw out, or unlade, or cause to be cast, thrown out, or unladen, nor shall there be cast, thrown out, or unladen therefrom, any ballast, rubbish, gravel, earth, stone, wreck, or obstruction whatsoever, whereby navigation of such harbor, haven, port, road, or channel may be impaired or impeded. Any owner, master, or person acting as master of any ship, lighter, steamboat, or other vessel whatsoever, violating any of these provisions, is to be liable to a penalty of not less than fifty dollars and not more than $500 for each offense, and in addition thereto to pay the expense of removing the ballast, rubbish, gravel, earth, stone, wreck, or obstruction so cast, thrown out, or unladen from and out of such ship, lighter, steamboat, or other vessel; which penalty and expense shall be a lien on the ship, lighter, steamboat, or other vessel, her cargo, tackle, apparel, and furni ture, and may be recovered, collected, and remitted in like manner, and under the same regulations, restrictions, and provisions as have heretofore been established for the recov ery, collection, and remission of penalties and forfeitures to the United States by the several revenue laws. But nothing in this act contained is to be construed to either permit or prohibit the construction of piers, bridges, bulk-heads, or other structures, or the filling in of flats on the borders of navigable waters. The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed. BRIG BALEAR. Mr. CHANDLER. I move that the Senate proceed to the consideration of Senate bill No. 1099. The motion was agreed to; and the bill (S. No. 1099) granting an American register to the British bark Balear was read the second time, and considered as in Committee of the Whole. Mr. MORRILL, of Maine. Is there a report in that case? Mr. CHANDLER. There is a letter from the Secretary of the Treasury. The facts are that more than three fourths of the cost of the vessel was expended in her repairs. Mr. MORRILL, of Maine. Was she a foreign-built ship? Mr. CHANDLER. No, sir; she is an American ship, one of the old ships American built, and she is to be taken back. Mr. MORRILL, of Maine. Then she is under a British register at present? Mr. CHANDLER. Yes, sir; she changed her register. The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed. TUNNEL AT BUFFALO. Mr. CHANDLER. I now move to proceed to the consideration of House bill No. 1958. The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to Mr. CHANDLER. By the engineer depart-consider the bill (H. R. No. 1958) to authorize ment. Let it go to the Committee on Printing. The PRESIDING OFFICER. If there by no objection, the bill will be referred to the Committee on Printing. That reference is ordered. PROTECTION OF HARBORS, ETC. Mr. CHANDLER. I move that the Senate proceed to the consideration of Senate bill No. 1072. The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill (S. No. 1072) for the better preservation of harbors, haveus, roads, channels, navigable rivers, lakes, and other navigable waters within the United States. It provides that no master or owner, or any person acting as master, of any ship, lighter, steamboat, or other vessel whatsoever, being or riding within any harbor, haven, port, road, or channel within the United States, the city of Buffalo, New York, to construct a tunnel under Niagara river, and to erect and maintain an inlet pier therefrom, for the purpose of supplying the city of Buffalo with pure Mr. POMEROY. They do not have to have any act of Congress to erect a pier. Mr. CHANDLER. They have to get an act of Congress for fear that building this pier or bulkhead might interfere with navigation. Mr. POMEROY. I do not object to the bill; I only wonder why it came here, that is all. Mr. FENTON. The bill is in accordance with the request of the common council of the city of Buffalo, and approved by the War Department. The bill was reported to the Senate, ordered to a third reading, read the third time, and passed. HAWAIIAN BARK FLORENCE. Mr. CHANDLER. I move to proceed now to the consideration of House bill No. 2093. The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. No. 2093) to grant an American register to the Hawaiian bark Florence. The bill grants authority to the Secretary of the Treasury to issue an American register to the American-built Hawaiian bark Florence, wrecked in the waters of the United States, purchased and repaired and now owned by citizens of San Francisco, California, if it shall be proved to the satisfaction of the Secretary of the Treasury that the repairs put upon the vessel were equal to three fourths of its cost when so repaired. The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. YACHT RED HOT. Mr. CHANDLER. I now move to proceed to the consideration of House bill No. 2341. The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. No. 2341) to allow the pleasure-yacht Red Hot to take the name of Addie Parker and be registered under that name. The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed. SHIPPING OF SEAMEN. Mr. CHANDLER. I move now to proceed to the consideration of House bill No. 2044. The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. No. 2014) to authorize the appointment of shipping commissioners by the several circuit courts of the United States, to superintend the shipping and discharge of seamen engaged in merchant ships belonging to the United States, and for the further protection of seamen. Mr. CHANDLER. I suggest that the amendments to the bill be concurred in, if it be the pleasure of the Senate, as the bill is read. It is in charge of the Senator from Connecticut, and if it is agreeable to him, I suggest that the amendments of the committee be acted on as we go on. The PRESIDING OFFICER. The Chair hears no objection, and the amendments will be acted on as the bill is read. The bill was reported from the Committee on Commerce with amendments. The first amendment of the committee was to insert at the end of section twelve the following proviso: Provided further, That this section shall not apply to masters of vessels where the seamen are by custom or agreement entitled to participate in the profits or result of a cruise or voyage, nor to masters of coastwise and lake-going vessels that touch at foreign ports; but seamen may, by agreement, serve on board such vessels a definite time, or on the return of any vessel to a port in the United States may reship and sail in the same vessel on another voyage without the payment of additional fees to the shipping commissioner by either the seamen or the master. The amendment was agreed to. The next amendment was at the end of section fourteen, to strike out the following And provided further, That no captain shall re- And to insert in lieu thereof the following: The next amendment was in line six of The amendment was agreed to. The next amendment was to add at the end of section thirty-five the following proviso: Provided, That this section shall not apply to the masters or owners of any vessel where the seaman is entitled to share in the profits of the cruise or voyage. The amendment was agreed to. The next amendment was in section forty, line six, after the words "Good Hope," to insert or engaged in the whale or other fisheries, or in sealing;" and in line twelve, after the words "lemon-juice," to strike out the words or other such articles aforesaid ;" so that the section will read : 66 That every ship belonging to a citizen or citizens of the United States, as described in section twelve of this act, shall be provided with a chest of medicines; and every sailing ship bound on a voyage across the Atlantic or Pacific ocean, or around Cape Horn or the Cape of Good Hope, or engaged in the whale or other fisheries, or in sealing, shall also be provided with and cause to be kept, a sufficient quantity of lime or lemon-juice, and also, sugar and vinegar, or other antiscorbutics, as Congress may sanction, to be served out to every seaman as follows, that is to say, the master of every such ship, as last aforesaid, shall serve the lime or lemon-juice, and sugar and vinegar, to the crew, within ten days after salt provisions mainly have been served out to the crew, and so long afterward as such consumption of salt provisions continues, the lime or lemonjuice and sugar daily at the rate of half an ounce each per day, and the vinegar weekly at the rate of half a pint per week for each member of the crew. The amendment was agreed to. one suit of woolen clothing for each seaman for use during the winter months, and every such vessel shall be provided with fuel and a safe and suitable room in which a fire can be kept for the use of seamen. The amendment was agreed to. Mr. BUCKINGHAM. I wish to offer an amendment to the bill which was proposed in and adopted by the committee, but by accident was omitted in the printing of the bill. It is on page 10, section thirteen, line twentyfive, after the word "that" to ipsert while "sober and not in a state of intoxication." The amendment was agreed to. Mr. BUCKINGHAM. I have two or three verbal amendments to offer. On page 1, section one, line six, I move to strike out the words "commissioners;" also to strike out the word "the" and insert "each;" in line seven to strike out the words "or ports;" so as to read: That the several circuit courts of the United States, in which circuits there is a sea-port or seaports for which there is a collector of customs, or in which there is a port of entry, shall appoint a commissioner for each sea-port within their respective circuits. The amendment was agreed to. Mr. BUCKINGHAM. On page 2, section three, line two, after the word "clerk 19 I move to insert the words or clerks." The amendment was agreed to. Mr. BUCKINGHAM. On page 3, section three, line four, after the word "clerk" I move to insert the words "or clerks." The amendment was agreed to. Mr. BUCKINGHAM. In the sixth line of the same section before the words "such clerk" I move to insert the word " every," and in line nine of the same section I move to strike out the word "the" and insert the word "a" before the word "clerk." The amendment was agreed to. Mr. BUCKINGHAM. On page 9, section twelve, line thirty-eight, after the word "coastwise" I move to strike out the word "and" and insert "nor to masters of." The amendment was agreed to. Mr. STOCKTON. Mr. President, the source from whence this bill comes assures me as well as every other Senator that the object of the bill is such as is stated in its title. The The next amendment was in section forty-title of the bill is: That if on any such ship as aforesaid such medi- The amendment was agreed to. The next amendment was in section fortytwo, line nine, to strike out "should" and insert "shall" before the word "also," and at the end of the section to strike out the words "for the forecastle use of seamen" and insert and a safe and suitable room in which a fire can be kept for the use of seamen;" so as to read: 66 That every master shall keep on board proper weights and measures for the purpose of determining the quantities of the several provisions and articles served out, and shall allow the same to be used at the time of serving out such provisions and articles, in the presence of a witness, whenever any dispute arises about such quantities, and in default shall, for every such offense, incur a penalty not exceeding fifty dollars. And every vessel bound on any foreign port shall also be provided with at least An act to authorize the appointment of shipping commissioners by the several circuit courts of the United States to superintend the shipping and discharge of seamen engaged in merchant ships belonging to the United States, and for the further protection of seamen. I do not rise to object to the bill; I do not know that I shall object to it; but it is a bill of fifty pages. I rise simply for the purpose of asking the Senator who has charge of it if the bill has been carefully considered, and if we may take it for granted, not having an opportunity ourselves of examining it, that the members of the committee have examined it sufficiently in all its particulars to state that it is really for the benefit of seamen, and can do no injury to our merchant marine? It is fifty pages of a code of laws to govern the merchant marine. It is an alteration of the rules of courts of admiralty. It is an alteration of the contracts between seamen and their employers. It is certainly prepared with the intention of protecting and benefiting the poor seamen; but I have not been able myself, in a hasty reading of it, to ascertain whether there may not be matters in it which have not been carefully considered. I do not intend to object to the bill, but I desire to ask a question or two in regard to it. In the first place I should like to ask, if it is not improper for the committee to tell me, how this bill originated, what was the object of the bill, whether it originated from complaints made by seamen or anything of that character, which would satisfy myself and other Senaturs that this measure came from those who |