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Mr. CONKLING asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 36) to prevent cruelty to animals in transit by railroad or other means of transportation within the United States; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. CONKLING also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 37) for the preservation of the harbors and navigable rivers of the United States against encroachments; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. CONKLING also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 38) to provide additional commercial and postal facilities in the port of New York; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. CALDWELL asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 39) authorizing the Kansas Pacific Railway Company to construct a branch of its road to the Arkansas river; which was read twice || by its title, and ordered to lie on the table, and be printed.

Mr. CALDWELL also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 40) in relation to the Miami Indian lands in Kansas; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. CALDWELL also asted, and by unani. mous consent obtained, leave to introduce a bill (S. No. 41) to enable the Secretary of War to enlarge the depot at Fort Leavenworth; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. CALDWELL also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 42) to authorize and aid the Kan sas Pacific Railway Company to extend and construct its railroad and telegraph line to the northern boundary of Mexico; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. POMEROY asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 43) to enable honorably discharged soldiers and sailors, their widows and orphan children, to acquire homesteads on the public lands of the United States; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. POMEROY also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 44) to enable the Secretary of the Interior to sell certain lands in Kansas; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. POMEROY also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 45) to enable the Leavenworth, Lawrence, and Galveston Railroad Company to relocate a portion of its road; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. POMEROY also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 46) to enable the Secretary of War to pay the expenses incurred in suppressing Indian hostilities in the Territory of Montana; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. POMEROY also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 47) to incorporate the Great Salt || Lake and Colorado River Railway Company, and to aid in the construction of its road, and for other purposes; which was read twice by its title, and ordered to lie on the table and be printed.,

Mr. POMEROY also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 48) to incorporate the Kansas, Indian Territory, and Gulf Railway Company, and to enable the Missouri River, Fort Scott, and Gulf, and the Leavenworth, Lawrence,

and Galveston Railroad Companies to unite
upon and construct a single track through the
Indian territory and to reach the Gulf; which
was read twice by its title, and ordered to lie
on the table, and be printed.

Mr. POMEROY also asked, and by unani-
mous consent obtained, leave to introduce a
bill (S. No. 49) authorizing the establishment
of ocean mail steamship service between the
United States and Australia; which was read
twice by its title, and ordered to lie on the
table, and be printed.

Mr. POMEROY also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 50) authorizing the Ottawa Indians to bring suits in the courts of Kansas upon any matters growing out of their late treaties; which was read twice by its title, ordered to lie on the table, and be printed.

Mr. OSBORN asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 51) granting lands to aid in the construction of a railroad in the State of Florida and to secure railroad connections with the nearest available harbor to Cuba and other West India islands; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. OSBORN also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 52) for the relief of George R. Wilson; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. OSBORN also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 53) for the restoration of George A. Stevens, United States Navy, to the active from the retired list; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. KELLOGG asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 54) to incorporate the Southern Express Company; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. KELLOGG also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 55) for the disposal of the public lands in the State of Louisiana; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. KELLOGG also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 56) for the better organization of the district courts of the United States within the State of Louisiana; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. KELLOGG also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 57) authorizing mail steamship service in the Gulf of Mexico between the port of New Orleans, Louisiana, and certain ports of the republic of Mexico; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. KELLOGG also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 58) to prescribe the time for holding the election for electors of President and Vice President in the State of Louisiana; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. HARLAN asked, and by unanimous consent obtained, leave, to introduce a bill (S. No. 59) authorizing the Secretary of the Treas ury to settle and pay the accounts of Colonel James F. Jacques; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. HARLAN also asked, and by unani. mous consent obtained, leave to introduce a bill (S. No. 60) for the relief of Lucas, Dickinson, and other counties in the State of Iowa; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. HARLAN also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 61) to authorize the President to appraise certain lands; which was read twice

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by its title, and ordered to lie on the table, and be printed.

Mr. HARLAN also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 62) to provide for the sale of certain lands; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. HARLAN also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 63) for the apportionment of Representatives to Congress among the several States according to the ninth census; which was read twice by its title, and ordered to lie on the table, and be printed.

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Mr. HARLAN also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 64) to authorize the President of the United States to ascertain the value of certain lands in the State of Iowa north of the Raccoon fork of the Des Moines river held by settlers under the preemption and homestead laws of the United States, and subsequent to the settlement thereof, determined by the Supreme Court of the United States to be Des Moines river improvement lands; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. HARLAN also asked, and by ananimous consent obtained, leave to introduce bill (S. No. 65) to amend an act entitled "An act to authorize the construction of certain bridges and to establish them as post roads," approved July 25, 1866; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. WILSON asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 66) declaring the lands constituting the Fort Collins military reservation, in the Territory of Colorado, subject to preëmption and homestead entry, as provided for in existing laws; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. WILSON also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 67) for the relief of the purchasers of lots and houses and lots sold by virtue of an act of Congress entitled "An act providing for the sale of the lands, tenements, and water privileges belonging to the United States at and near Harper's Ferry, in the county of Jefferson, West Virginia," approved December 15, 1868; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. WILSON also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 68) providing for the sale of land belonging to the United States, situated at Sag Harbor, Suffolk county, in the State of New York; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. WILSON also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 69) authorizing the Secretary of War to acquire the possessory rights of the occupants of certain land adjoining the United States barracks at Barrancas, in the State of Florida; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. WILSON also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 70) for the relief of the first battalion heavy artillery of Massachusetts volunteers; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. WILSON also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 71) for the settlement of the claim of the State of Massachusetts for coast defense; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. WILSON also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 72) to provide for the selection of cadets to the Military and Naval Academies; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. WILSON also asked, and by unanimous

consent obtained, leave to introduce a bill (S. No. 73) to authorize the promulgation of the general regulations for the government of the Army; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. SHERMAN asked, and by unanimous consent obtained, leave to introduce a bill (S. | No. 74) relating to moneys paid into the courts of the United States; which was read twice by its title, and ordered to lie on the table, and be printed.

Mr. SHERMAN also asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 75) to promote the construction of the Cincinnati and Southern railway; which was read a first time by its title.

Mr. DAVIS, of Kentucky. I do not want to assume the position of discourtesy in objecting to the Senator introducing that bill without notice; but I wish him to give me some assurance that the measure shall not be hurried through the Senate; that there shall be reason. able time to examine it, and for the gentlemen who are opposed to it to present their views in opposition.

Mr. SHERMAN. I do that with great pleasure. I intend to move to refer it to the Committee on Commerce, so that the Senator will have ample opportunity to examine it; but I desire to have action upon it at this session if it is prolonged.

Mr. DAVIS, of Kentucky. Inotify the hon. orable Senator that I shall move to refer it to the Committee on the Judiciary.

The VICE PRESIDENT. Unless the Sen. ator from Kentucky objects, the bill will be considered as read the second time and laid on the table.

Mr. DAVIS, of Kentucky. I object to its being read the second time to-day.

The VICE PRESIDENT. It has been read the first time, and will be laid on the table.

Mr. SHERMAN. I ask to have the bill

printed.

him I would make this statement to the Senate. Of course I had no authority to make any arrangement, because I had ceased to be a member of the committee by the expiration of the Congress, and he understands that if he goes on, he goes on relying upon the justice of Congress, which I think will not fail him. I therefore submit this statement that Senators may know the condition in which the publication now is.

FINAL ADJOURNMENT.

The VICE PRESIDENT laid before the Senate the following concurrent resolution of the House of Representatives:

Resolved, (the Senate concurring.) That the President of the Senate and the Speaker of the House of Representatives declare their respective Houses adjourned sine die on Wednesday, the 8th day of March instant, at twelve o'clock m.

Mr. HAMLIN. I move that that resolution lie on the table.

The motion was agreed to.

The VICE PRESIDENT. Senate resolutions are in order. [A pause.] There seem to be no Senate resolutions to be presented. The Chair has concluded the order of business. Mr. CHANDLER. I move that the Senate adjourn.

The motion was agreed to; and (at twelve. o'clock and forty-seven minutes p. m.) the Senate adjourned.

HOUSE OF REPRESENTATIVES.
TUESDAY, March 7, 1871.

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

MEMBERS SWORN IN.

Mr. WHEELER. I rise to a privileged question. My colleague, Mr. FREEMAN CLARKE, was obliged to leave the Hall on Saturday before

The VICE PRESIDENT. That order will being sworn in, on account of illness. I ask be made.

REPORT OF COMMISSIONER OF EDUCATION. Mr. ANTHONY. I offer a concurrent resolution, a rather venerable resolution, which some of the Senators will remember. I suppose it must lie on the table for the present:

Resolved by the Senate, (the House of Representatives concurring.) That there be printed twenty thousand additional copies of the last report of the Commissioner of Education, of which five thousand copies shall be for the use of the Senate, ten thousand copies shall be for the use of the House of Representatives, and five thousand copies shall be for the use of the Bureau of Education.

The VICE PRESIDENT. The resolution will lie on the table for the present.

PUBLICATION OF DEBATES.

Mr. ANTHONY. At the last session of Congress a communication from the publishers of the Congressional Globe was referred to the Committee on Printing, of which I was then a member, relating to the contract for publishing the debates of Congress. The contract ceased on the 4th of March. It was impossible at that time to give any attention to the subject. We were in the closing days of the session, when I need not remind you, sir, that every Senator was taxed to the utmost capacity of his physical endurance, and moreover there was not at that time a quorum of the joint Committee on Printing on the part of the House. It was impossible for us to give any intelligent consideration to the subject, and therefore we did not consider it at all. In an informal interview which I had with one of the publishers of the Congressional Globe I atated to him that I thought if he went on continuing the publication of the debates until there was time for the consideration of the subject and for a report to be made by the Committee on Printing, when it should be appointed, to the Senate and to the House, I' presumed the two Houses of Congress would do him justice and see him paid; and I told

that he now be sworn in.

The SPEAKER. If there be any other gentleman present who has not been sworn in he will present himself.

Mr. FARNSWORTH. I was about to ask that the gentleman from the third district of Arkansas, Mr. Edwards, be sworn in. I believe there was some objection made to him, but I think his credentials are regular.

Mr. BURDETT. I object to the swearing in of Mr. Edwards.

The SPEAKER. The Chair only invites those gentlemen to present themselves in regard to whom there is no contest.

Mr. FREEMAN CLARKE, Representative from the twenty-eighth district of New York, and Mr. DANIEL W. VOORHEES, Representative from the sixth district of Indiana, then presented themselves at the bar of the House and qualified by taking the oath prescribed by the act of July 2, 1862.

ORDER OF BUSINESS. Mr. BUFFINTON. I ask unanimous consent to offer a resolution calling for information.

Mr. WOOD. I call for the regular order of

business?

Mr. ELDRIDGE. What is the regular order of business.

The SPEAKER. The calling of committees for reports; and as there are no committees to report, the next business in order is the call of the States and Territories for resolutions.

COMMITTEE TO WAIT ON THE PRESIDENT. Mr. HOOPER, of Massachusetts. Mr. Speaker, the joint committee of both Houses appointed to wait upon the President of the United States to inform him that a quorum of the two Houses of Congress had assembled, and that Congress is ready to receive any communication he may make, report that they have performed that duty. The President said he had no communication to make at present to

Congress, but that he may have some communication to make in the course of a week, and the President expressed a desire. that during this week no day should be fixed for a final adjournment of the two Houses.

ELECTION CONTEST-ARKANSAS.

Mr. BURDETT presented the memorial of Thomas Boles, claiming to be the member-elect to the Forty-Second Congress from the third district of Arkansas, together with the following resolution:

Resolved, That the papers and credentials of Hon. John Edwards, and the certified papers and returns presented to the House of Representatives by Hon. Thomas Boles, each claiming to be elected to the Forty-Second Congress from the third district of Arkansas, be referred to the Committee of Elections, to be hereafter appointed, with instructions to report to the House which, if either, of said claimants, is entitled to a seat in the House of Representatives from the said third district of Arkansas.

Mr. BURDETT. I do not suppose that it is necessary for me to make any explanation of this matter beyond what is contained in the papers presented. I presume there will be no objection to referring this whole matter to the Committee of Elections when appointed.

Mr. FARNSWORTH. That is right.

Mr. BURDETT. I move the previous question.

The previous question was seconded and the main question ordered; and under the operation thereof the resolution was adopted.

Mr. BURDETT moved to reconsider the vote by which the resolution was adopted; and also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

VIRGINIA REPRESENTATIVE-AT-LARGE.

Mr. DUKE. I rise to a question of privilege, and present the credentials of R. T. Daniels, Representative at-Large from the State of Virginia, and move that they be referred to the Committee of Elections when appointed.

The SPEAKER. That hardly presents a question of privilege; but if there be no objection the Chair will entertain the motion. No objection was made; and the motion was agreed to.

APPOINTMENT OF COMMITtees.

Mr. NIBLACK. I rise to a question of privilege, and submit the following resolution:

Resolved, That the Speaker be, and he is hereby, requested to proceed at once to appoint the standing committees of this House, reserving such vacancies as in his judgment may be proper for Representatives not yet elected.

Mr. POLAND. Is that a question of privi lege?

The SPEAKER. It is not; though the Chair is very glad the gentleman from Indiana [Mr. NIBLACK] has introduced the subject for the consideration of the House; and it will be received and considered at this time, if there be no objection.

Mr. NIBLACK. I hope there will be no objection to entertaining the resolution, and that we may have a little discussion upon it.

Mr. POLAND. I have no objection to the discussion.

Mr. WHEELER. I move that the resolution be laid on the table.

Mr. NIBLACK. I do not yield the floor for that purpose. I hope I may be indulged in a few remarks. I do not offer this resolution with any view of trying to suggest to the majority in this House what they ought to do in the matter embraced in this resolution. Before introducing it I first consulted with some gentlemen who belong to the majority, and it was deemed best that the resolution should come from this side of the House; for if it was offered by any gentleman on the other side it might be considered that he was perhaps seeking some prominent place upon some committee, or to give him some precedence in the matter of committees. That objection of course cannot apply to me, and I presume it will not apply to any gentleman on this side of the House.

I am not in favor of remaining here for gen.

eral business; I am in favor of the earliest adjournment. But I do believe that if there be any public reason in the world which makes it proper for this Congress to meet on the 4th of March, immediately succeeding the late Congress, and elect its Speaker and other officers, that reason applies as much to the organization of the committees of the House. I agree that it is very desirable that gentlemen who are regarded as candidates for the office of Speaker and for the other offices of the House shall understand at an early day whether or not they are to be chosen to those places.

I know there are some reasons, such, of course, as prevailed when this practice was adopted five years ago, why this early session of Congress should be held, why it is best to have a Congress always organized, one that may

be convened at any time for the transaction of such business as the President of the United States may desire to bring before us, or to invite our attention to, on any emer. gency that may arise.

But I submit that there is no propriety in our calling gentlemen from the far-off Pacific coast, from the distant States and Territories of the Union, at very considerable expense, (because all of the new members who come here to help organize the new Congress have, under the law, the right to mileage,) merely to elect a Speaker, a Clerk, and some other officers of the House, and then to adjourn and go home. We are to-day, so to speak, in the condition of a half-organized army; we have a commander-in-chief, but no subordinate offi cers; we are mustered in, but not sufficiently organized to be able to perform any practical

service.

We have a number of contested-election cases that ought at once to go to the Committee of Elections, so that the members of that committee can, in the first place, make them. selves familiar with the peculiar duties which they will have to perform as members of that very important committee. Then again, by doing so, we can very much facilitate the decision of these contested-election cases, which is certainly very desirable in many respects, because one of the abuses of which the people have had a right to complain, and of which members of Congress themselves have often complained, is that we do not get a decision apon these contested-election cases sometimes till the very close of the Congress, when of course the parties must be paid for their time and expenses; and thus the expenditures resulting from these contests are greatly increased.

Then, again, I am informed that the Doorkeeper, and perhaps the Clerk, cannot pay the subordinates in their employ without a Committee on Accounts to pass upon the matters involved; so that we are now compelled to have some committees if we proceed to the transaction of any business at all.

Again, sir, I think it is proper that every member of this House, just as much as it is that every officer of the House, should understand early in the Congress to what particular position and duty he is to be assigned for the succeeding two years. If a gentleman is to be assigned to service on the Committee of Ways and Means, there are among the questions which that committee have to pass upon some to which he ought at once to commence giving his attention. The case is the same with reference to the Committee on Appropriations, the Committee on the Judiciary, the Committee on Military Affairs, and, at least, every other important committee of this House.

Let me recapitulate briefly. The newlyelected members have been called here at very considerable expense for the purpose of assisting in organizing this House, and those of us who were members of the last Congress have been retained here for that purpose also. In my judgment, having now elected our Speaker and other officers, we ought to proceed, before we adjourn, to organize the committees of the 42D CONG. 1ST SESS.-No. 2.

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House, reserving, as provided in the resolution, such vacancies as in the view of the Speaker may be desirable, for members yet be to be elected. Thus each member will understand, during the coming vacation, to what position he is assigned, and what will be expected of him when we shall reassemble here on the first Monday in December.

I know not what influences may operate upon gentlemen on the other side of the House, or what ideas may be suggested to them with reference to this question; but I have taken the liberty to submit this resolution and to express my views upon it. I do think that these views will stand the test of the severest scrutiny, looking merely to the practical questions involved, without reference to any considerations of party policy, which, so far as they relate to the majority of this House, I am presumed not to understand.

The SPEAKER. The Chair begs to make a remark upon this question, as it immediately affects his duties.

Mr. NIBLACK. The Chair will understand that I do not make this proposition with the view of urging anything unpleasant to the Chair.

The SPEAKER. The Chair understands that no such thing is intended.

Mr. NIBLACK. I have offered the resolution with the object simply of expressing my views in reference to the policy which ought to prevail.

The SPEAKER. The Chair regards the proposition of the gentleman as offered in perfect good-nature; but he desires to make a single suggestion. On last Saturday the House, by a very large vote, adopted a resolu tion providing for the final adjournment of both Houses to-morrow, provided the Senate should concur in the proposition. Two years ago when the House was organized it was eleven days after the organization before the Chair was able to announce the standing committees; and he was then persuaded that the announcement was in many respects somewhat premature. He would have been glad to have the opportunity before making the announcement to become acquainted with the antecedents, positions, characters, and tastes of the various members, with reference to commitlee service; he thinks that such opportunity would have enabled him to avoid some mistakes which possibly he committed.

The present Congress is composed more largely than almost any of its predecessors, of new members, and the Chair has been unable to acquaint himself to the extent he would desire with the characteristics, antecedents, &c., of members, which he would wish to know before making up the committees. Taking into view the decided manifestation of the sentiment of the House in favor of an early adjournment, it was not the purpose of the Chair to announce the standing committees until the reassembling of Congress in December, with the exception of the Committee of Elections, the Committee on Mileage, the Committee on Public Buildings and Grounds, and possibly the Committee on Accounts, these being committees for the early appointment of which there are specific necessities. Should the House adjourn within any time which members would now expect, say within the next fortnight, the Chair would, from his stand-point, regard it as decidedly inexpedient to announce at this session the permanent standing committees, although, of course, he will cheerfully acquiesce in any order which the House may adopt.

Mr. DICKEY. Will not the gentleman from Indiana [Mr. NIBLACK] consent to withdraw the resolution till we see what action the Senate may take with reference to adjournment?

Mr. NIBLACK. I desire to add a word or two before any disposition is made of the resolution.

Mr. COX. Will the gentleman yield to me for a moment?

Mr. NIBLACK. Yes, sir.

Mr. COX. I do not know that my friend from Indiana [Mr. NIBLACK] supposes that after these committees shall have been appointed by the Chair we shall have any practical, earnest, actual legislation, as a consequence of these committees being appointed; but I do believe if those committees are appointed we ought to cut out some work for them. We ought to have the tariff reformed. We ought to have some little admonition to the Secretary of the Treasury as to certain matters. We ought to have the interests of our shipping taken up here for discussion, and various other matters concerning your State, Mr. Speaker, and every State represented here. The moment we appoint these committees we are at sea. We will have a large expanse of legislation and will be kept here till May. That is my judgment.

I think, therefore, the suggestion of the Speaker is eminently wise, that we should avoid starting upon this uncertain sea of legis: lation. If we should do so, we do not know where we will end. We have had experience before, as my friend from New York [Mr. WHEELER] knows, as to the results of starting in the work of legislation. I would not be disposed to stay for anything that may turn up, whether it comes from San Domingo or anywhere else. I wish to stay here only until we can effect an adjournment, and I think we should keep on moving to adjourn until we do adjourn, so that the country and the members shall have some rest from this legislation which has not hitherto been very good for the country. If this be done we will come back here refreshed in December, and the Speaker will be ready to exercise proper discrimination as to the members who shall be placed on the several committees. I decidedly favor the suggestion made by his honor the Speaker.

Mr. NIBLACK. I desire to say another word before I yield to anybody else. I stated distinctly at the outset of my remarks that I did not propose that the House should go into general legislation now. But having been summoned here under the law of Congress to organize the present Congress, I felt as if we ought not to adjourn without effecting a complete organization. That is simply my position.

As to general legislation, I am distinctly opposed to it now.

also remember very well that we voted on Saturday to adjouru both Houses on to-morrow if the Senate should consent. But in view of the report which the gentleman from Massachusetts [Mr. HOOPER] has just made to the House, that the President does not desire us to adjourn this week, and, more than that, does not desire us to fix the day of adjournment during the present week, and in view of the fact that the Senate at all events is likely to be kept here for some time, and, as it seems, would. rather desire if it remains that we should remain also, I have no hope of getting away to-morrow, or indeed for some days to come, or perhaps for some weeks to come. If, then, we should not adjourn over this week, as I think we will not, for the reasons I have alluded to, then I think in the mean time the appointment of the committees should be proceeded with. Otherwise I repeat there was no propriety under the heavens of summoning us here for the purpose of electing a Speaker, Clerk, and other officers; none whatever.

But if we do not intend to organize the committees at the first session of Congress, let us before we adjourn at least vote to repeal the law which called us here on the 4th March. Let us get rid at all events of that stupendous folly. I had thought that we were going to repeal the law at last session. But we did not, for reasons on which it is unnecessary for me now to enter. But I think we ought to adopt one or the other policy, either to effect a complete organization of Congress when we meet, or else not to meet at all on the 4th March, waiting, as we used to do, until the first Mon

day of December, when Congress is convened under the Constitution.

Mr. FARNSWORTH. If I recollect rightly, four years ago committees were not appointed at the assembling of Congress. Am I correct about that?

Mr. COX. Yes, you are.

Mr. NIBLACK. I remember that four years ago we did not organize the committees until a month had elapsed. But everybody can see the impropriety of that. All that I insist upon is that we should adopt one or the other policy. We should either determine not to meet hereafter on the 4th of March, or else, if we do meet, we should go on to perfect the organization of the House. We ought to do one thing or the other. I say to you very frankly that inasmuch as we are sworn members of the present House, I should prefer to know what is going to be required of me next winter. I have no ambition in the world as to where I shall be placed; everybody, I think, who knows me understands that, but whatever committee I am to be on, whether it be that on Mileage, or that on Accounts, or upon some committee that never meets, if you please, I would like to know it, so that I may shape my congressional career accordingly; and I think it is very natural that every other member of the House should feel in the same way. Of course, however, that is a matter for every gentleman to consider for himself. I now yield for a moment to the gentleman from Wisconsin, [Mr. ELDRIDGE,] and I shall not claim the floor

any more.

Mr. ELDRIDGE. I only wish to say that I agree substantially with all that the gentleman from Indiana has said upon this subject. There is a great deal of practical sense in the suggestion that the members of this House ought to know at as early a day as possible upon what committees they are to serve. If it is important to the gentleman from Indiana, whose service has been so long here, whose experience in the House has been so great, how much more important is it to young members of Congress, and especially to those who have come to Congress for the first time. It is expected of members of committees that they shall make the subjects properly before their committees a specialty, that they shall be better acquainted with the subjects to be investigated and reported upon by the committees upon which they serve than the majority of the House, and we all know with what faith and reliance we take the reports of committees. Most of the legislation which is done in Congress is done in the committees. There is scarcely a measure passed but what comes here and is passed through the House upon the faith and recommendation of the committee from which the report is made.

Now, I am not in favor of general legislation. I do not know that the country needs any legislation. There are some matters, I think, that have been left undone that ought to have been done. I think we ought to have reformed the revenue service, and there are several other matters that I think ought to have been attended to; but the most important matter of all is that gentlemen shall know upon what committee they are to serve, so that they shall make the subjects belonging to that committee a specialty, and be prepared to go into the investigation in earnest, and with that knowledge of the subject which is necessary in order to a faithful discharge of their duties. It seems to me that this of itself is controlling, and ought to control the action of the House. Of course I do not undertake to dictate to the majority what they shall do. Their political action is a matter for themselves. I speak of it only in a practical sense, and in view of the country, and not in view of party politics.

Mr. DAWES. Mr. Speaker, I hope the gentleman from Indiana will withdraw this resolution. I would agree with him that if we are to stay here and enter upon the general work of the session it would be absolutely

necessary for the appointment of the committees. Nothing would be so dangerous as to attempt legislation without the aid of committees. But, Mr. Speaker, with great unanimity, the House decided on Saturday that they would not enter upon general legislation. We do not know, and we have no reason to know, that the Senate will not concur in the action of the House on Saturday, and every indication is that, if they do not concur in the very day that we have fixed, they will concur in so early a day as to be precisely the same interpretation on their part of the determination of Congress that we gave by the resolution Saturday. But, sir, if we do appoint the committees, we plunge at once into the general legislation of the country, and we have had from my colleague [Mr. HOOPER] a report from the Executive, that he has not at present any communication to make to either branch upon any special necessary legislation within his knowledge.

So, Mr. Speaker, there does not seem to me to be any occasion for doing anything that will tend to lead us into the general legislation of the country. I am one of those who believe that we legislate too much, that it were better for the country that we had not met at all, but had organized in December, according to the custom of Congress for a great many years. This meeting in March was for a special necessity, which has passed away, and I trust that we shall at an early period repeal the law that brings Congress together, from the extremes of the nation, for the sole purpose of an or. ganization, without any necessity of legislation; and anything that tends to lead the new Congress, upon the heels of an old one, into the general legislation of the country, without our attention being called by the Executive to any necessity or without any necessity apparent to us, it does seem to me ought to be avoided. While, therefore, I agree with the gentleman from Indiana that if we are to stay here the eyes and ears of the House, its committees, must be set to work, yet, when they are set to work, it will be impossible for us to tell when we can adjourn. I hope, therefore, my friend will withdraw his resolution.

Mr. SCOFIELD. I would suggest to the gentleman from Massachusetts [Mr. DawES] that instead of having this resolution withdrawn, we take a vote upon the motion of the gentleman from New York, [Mr. WHEELER,] to lay the resolution on the table, and in that way we will get an expression of the sense of the House upon the subject. If the resolution is withdrawn, we will have had no expression of opinion, except from the gentlemen who have spoken.

Mr. BUTLER, of Massachusetts. I desire that the House would consider the exact state of public business. We have just passed through a session of Congress lasting from December to March, during which we passed the appropriation bills and one other public measure of important legislation, and during which we passed nothing else but private bills. I, for one, do not desire to enter upon a new career of legislation of that character. All the great interests of the country were left to take care of themselves. If there was nothing to be dealt with but questions of finance, questions of revenue, questions of the tariff, and the ordinary legislation of the country, I would be content to adjourn this session at once.

But I cannot shut my eyes to the fact that there is a state of things in the southern part of this country which calls for legislation, and such legislation as will enable the President to carry out the constitutional guarantees of protection to life, liberty, and property. And I desire to enter upon no other legislation than that at this time. I trust that it was in view of that condition of things that the President informed the committee of this House that he did not wish Congress this week to fix upon any day of final adjournment.

I quite agree that it is best not to appoint

the committees of this House for the purpose of going into general legislation. But I do hope this House will not adjourn. This House ought not to adjourn; it will, in my judgment, be false to its duty to the Union, false to its duty to the Constitution, if it shall adjourn and leave the condition of things in the South which is now found there, and the President powerless to correct it. I will send to the Clerk's desk and ask to have read, as a part of my remarks, an official communication from the Governor of South Carolina, concerning the present condition of affairs in five counties of that State.

Mr. WOOD. I rise to a question of order. The SPEAKER. The gentleman will state it. Mr. WOOD. Is this in the line of proper discussion of the resolution before the House?

The SPEAKER. The Chair would remark to the gentleman from New York [Mr. WooD] that this whole discussion has been by indulgence of the House. The Chair received the resolution originally as one of privilege, although that is not its character, because he regarded it as important to have the question settled.

Mr. WOOD. I hope we will be allowed on this side of the House to correct any misrep resentations of the gentleman from Massachussetts, [Mr. BUTLER.]

The SPEAKER. The discussion, of course, should relate to the subject of the resolution. Mr. WOOD. Does the Chair consider the resolution as properly before the House?

The SPEAKER. It is before the House, although, had the point of order been made and insisted upon by any member, that it did not present a question of privilege, the Chair would have been compelled to sustain that point of order.

Mr. WOOD. Is it too late to raise that point of order now?

The SPEAKER. It is too late, for the resolution has been received, and discussion has proceeded upon it.

Mr. BUTLER, of Massachusetts. I ask to have this paper read as a portion of my remarks.

The Clerk read a portion of the paper as follows:

STATE OF SOUTH Carolina, EXECUTIVE DEPARTMENT, COLUMBIA, February 28, 1871. .SIR: I have the honor to transmit herewith the report of outrages committed in your district, as furnished me by Captain J. B. Hubbard, chief State constable. A similar report was sent to Hon. O. P. MORTON, Senator, some time since, also to Hon. S. L. HOGE.

Very respectfully,

R. K. SCOTT, Governor. Hon. ALEX. S. WALLACE, M. C., Washington, D. C.

STATE OF SOUTH CAROLINA, OFFICE OF CHIEF CONSTABLE, COLUMBIA, February 14, 1871. To his Excellency, R. K. SCOTT, Governor : I have the honor to transmit herewith a statement of murders and outrages committed in the counties of Laurens, Union, Spartanburg, York, and Abbevillo since October 19, 1870:

Laurens County.-Volney Powell, elected judge of probate Wade A. Perrin, elected member houso of representatives, and eleven others, all leading Republicans, were killed in one day. Fifty men and women taken from their homes, brutally whipped and maltreated, and from information derived from reliable citizens at least one hundred and fifty human beings have been driven from their homes and are now refugees in this and adjoining counties.

Mr. VAN TRUMP. I rise to a question of order. The pending resolution relates simply to the appointment of committees; and not a word has been said on this side of the House which was not pertinent to that question. The matter now presented by the gentleman from Massachusetts [Mr. BUTLER] is not at all germane to the subject-matter of the resolution. I ask the ruling of the Speaker upon this ques tion of order.

Mr. BUTLER, of Massachusetts. The communication which has been read has direct relation to the question whether we shall go on with legislation, and therefore whether we | shall appoint committees.

Mr. COX. I rise to a point of order: it is whether any resolution instructing the Chair to appoint committees is in order?

The SPEAKER. The Chair has already given his opinion upon that point. As to the point raised by the gentleman from Ohio, [Mr. VAN TRUMP,] the Chair is compelled to sustain it, and rule that the discussion opened by the gentleman from Massachusetts [Mr. BUTLER] is not pertinent to the resolution.

Mr. WHEELER. I move that the resolution be laid on the table, and ask for a vote upon that question.

Mr. NIBLACK. If the gentleman from New York [Mr. WHEELER] will withdraw that motion I will withdraw my resolution.

Mr. BUTLER, of Massachusetts. Does the Chair rule that a discussion as to what legisla

tion is necessary

The SPEAKER. The Chair rules that the discussion of the question of the condition of the southern States, as presented in the letter read by the Clerk, is not pertinent to this resolution. The Chair cannot doubt the correctness of this ruling.

Mr. NIBLACK. If I have the right to withdraw my resolution I will do so.

The SPEAKER. The gentleman has the right, of course, to withdraw the resolution, although the Chair would be obliged to him if he would allow an expression of the sentiment of the House to be made upon it.

Mr. NIBLACK. I think the difficulty is that the House is not prepared now to act upon this question, inasmuch as we do not know what the Senate may do.

Mr. POTTER. I think we are quite prepared to act on the resolution. We are ready to go home, and ready in the mean time to lay this resolution on the table.

The SPEAKER. The Chair would prefer to have a vote taken on the resolution, that the sentiment of the House may be expressed upon the point involved; but of course the gentleman offering the resolution has the right under the rules to withdraw it.

Mr. WOOD. I hope the gentleman from Indiana will allow the sense of the House to be taken on the resolution.

The motion of Mr. WHEELER was agreed to; and the resolution of Mr. NIBLACK was laid on the table.

DAKOTA CONTESTED ELECTION.

Mr. POLAND. I rise to a privileged ques tion, and submit the following resolution:

Resolved, That the time allowed by law for taking testimony in the contested election of Delegate to the Forty-Second Congress from the Territory of Dakota between M. K. ARMSTRONG, the sitting Delegate, and W. A. Burleigh, contestant, is hereby extended for thirty days.

Mr. Speaker, I do not think that these extensions of time for taking testimony in con. tested elections ought to be granted without good reason. I believe it ought to appear, at least in the Globe, that there is a reason for them; that we ought not to run into the prac tice of extending the time in these cases except upon substantial grounds which shall appear upon record. Therefore, I desire to state the reason for the extension in this case.

Dr. Burleigh, the contestant, after giving notice of the contest, was summoned before the Committee on Appropriations as a witness in reference to some alleged frauds in the Indian department. The notice was issued early in January, but he was detained here as a witness before the Committee on Appropriations till very near the close of the last session of Congress, thus being kept absent from his residence in Dakota for something more than thirty days, more than the time of the proposed extension. I think there is, therefore, a sub stantial and satisfactory reason why the time should be extended.

The resolution was agreed to.

Mr. POLAND moved to reconsider the vote by which the resolution was agreed to; and

also moved that the motion to reconsider be laid on the table.

The latter motion was agreed to.

Mr. WOOD. I demand the regular order.

ORDER OF BUSINESS.

The SPEAKER. If there be any privileged questions the Chair will entertain them, otherwise the regular order, having been demanded by several gentlemen, must be proceeded with. The regular order is the call of committees for reports, but, there being no reports from com. mittees, which have not been appointed, the next business in order is the call of States and Territories for bills and joint resolutions.

CIVIL WAR CLAIMS.

Mr. MAYNARD. I desire to offer a reso

lution, to which I believe there will be no objection, on which it is important that action should be taken now.

Mr. PETERS. I reserve the right to object until the resolution shall have been read. The Clerk read as follows:

Resolved, That hereafter all memorials, petitions, and other papers relating to claims arising and growing out of the late war for the suppression of the rebellion shall be referred to the Committee on Revolutionary Claims, which shall be known and styled as the Committee on Revolutionary and Civil War Claims.

The SPEAKER. That involves a change of rules, and would require notice.

Mr. FARNSWORTH. I demand the regular order.

Mr. MAYNARD. I ask, then, that the resolution be referred to the Committee on the

Rules.

Mr. ELDRIDGE. Are the rules of last Congress in force?

The SPEAKER. They are.

There being no objection, the resolution was referred to the Committee on the Rules, hereafter to be appointed.

ADJOURNMENT OVER.

Mr. BUTLER, of Massachusetts.

I rise to

a question of privilege, to move that the House shall adjourn over until Thursday, for the reason that the Senate has voted to lay on the table the House concurrent resolution for an adjournment to-morrow, and has itself adjourned till Thursday.

Mr. DICKEY. I move that when the House adjourns to day it be to meet on Thursday at twelve o'clock.

Mr. BUTLER, of Massachusetts. That is exactly what I rose to move.

Mr. FARNSWORTH. I hope the House will vote down any resolution to adjourn now, so as to allow the States to be called for resolutions. My object, I will state, is to allow a joint resolution or bill to be introduced which will repeal the duty on coal, and put it in a position in which the House may reach it and act upon it without delay.

The SPEAKER. The pending question is not that the House do now adjourn, but that when it adjourns to-day it be to meet on Thursday next,

JOHN H. HALLEY.

Mr. MARSHALL. While that question is pending, I ask unanimous consent to put through two little bills which have already passed the House. They are local, affecting my district, and I think there will be no objection. In the first place, I ask unanimous consent to introduce a bill to remove the political disabilities of John H. Halley, of Jasper county, Illinois.

Mr. McCORMICK, of Missouri. Will the gentleman permit me to offer an amendment by inserting the name of John R. Woodside, of Alton, Missouri?

Mr. MARSHALL. I would rather that the bill be allowed to go through as it is. It applies to the case of only one individual.

Mr. DICKEY." I do not object to the bill, but I will object to any amendment. There being no objection, the bill (H. R.

No. 4) to remove the political disabilities of John H. Halley, of Jasper county, Illinois. was received, read three times, and passed.

POST ROUTES IN ILLINOIS.

Mr. MARSHALL. I also ask unanimous consent to introduce and have put upon its passage a bill which has already passed the House, but failed in the Senate, to establish new post routes in Illinois.

Mr. BUTLER, of Massachusetts. I object. If we cannot adopt measures to protect loyal citizens of the South from murder, we need not legislate to establish post routes.

ADJOURNMENT OVER.

The question recurred on Mr. DICKEY'S motion, that when the House adjourns to-day it be to meet on Thursday next.

The House divided; and there were-ayes 94, noes 65.

Mr. BIRD called for tellers.

The question being put on ordering tellers, there were-ayes twenty-nine.

So (one fifth of a quorum having voted in favor thereof) tellers were ordered; and Mr. DICKEY, and Mr. TOWNSEND of New York, were appointed.

Mr. COBURN. To save time, I call for the yeas and nays.

The question being put on ordering the yeas and nays, there were-ayes 18, noes 86.

So (one fifth not having voted in the affirmative) the yeas and nays were not ordered.

The tellers took their places, and the House having again divided, reported-ayes one hundred and thirteen, noes not counted. So the motion was agreed to.

MESSAGE FROM THE SENATE.

A message from the Senate, by Mr. SYMPSON, one of its clerks, informed the House that the Senate had passed a joint resolution of the following title, in which the concurrence of the House was requested:

A joint resolution (S. R. No. 1) authorizing the appointment of a commissioner to an international congress on penitentiary and reform atory discipline.

COMMISSION ON PENITENTIARIES.

Mr. BLAIR, of Michigan. I ask unanimous consent to take from the Speaker's table and have passed the joint resolution which has just come from the Senate.

The joint resolution (S. R. No. 1) authorizing the appointment of a commissioner to an international congress on penitentiary and reformatory discipline was read for information. It authorizes the President to appoint a commissioner to attend an international congress on penitentiary and reformatory discipline, proposed to be held in Europe; but provides that the said appointment shall not authorize any expenditure of money from the Treasury for salary or expenses, and must be accepted upon this express condition.

There being no objection to the joint resolution, it was read three times, and passed.

LEAVE OF ABSENCE.

By unanimous consent, leave of absence was granted to Mr. BARRY and Mr. MCKEE for ten days, and to Mr. WINCHESTER for one week.

WITHDRAWAL OF PAPERS.

On motion of Mr. BEATTY, by unanimous consent, leave was granted for the withdrawal from the files of the House of the papers in the case of Mrs. Emily C. Bryant.

On motion of Mr. UPSON, by unanimous consent, leave was granted for the withdrawal from the files of the House of the papers in the case of Isaac W. Lake.

On motion of Mr. RITCHIE, by unanimous consent, leave was granted for the withdrawal from the files of the House of the papers in the case of Jerome E. Pampell, to be referred to the Committee on Invalid Pensions when | appointed.

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