cents on each letter.* The postage on each telegram will be five cents, or three and two tenths cents for the extra cost of the telegram over the letter, which it is believed is sufficient to cover this cost, and to yield a small net revenue to the Department.

The introduction of stamps will effect an entire change in the telegraph system of accounts, and greatly simplify and reduce the

expenses.

The telegraph business can be more economically, correctly, and promptly performed by a single corporation, whose lines cover with its net-work the entire country, and which by cable connections girdle the world, than by a number of corporations either operating in different sections or in competition in the same district. The necessity of regulating a business whose operations are so extensive, and by which all the money exchanges between remote places will soon be made, is evident to all. This can only be effectually accomplished by laws which shall operate directly on the party performing the service, and only systematically regulated and controlled when performed by a corporation deriving its power from Congress, and responsible to it for the manner in which the service is performed.

In pursuance of this object, the tenth section incorporates the postal telegraph company in the city of Washington for the performance of the postal telegraph service with the powers usually given to corporations. It confers no right of eminent domain, for none is required, since every State gives the right of constructing lines to any telegraph company.. It requires the company to render annual accounts of all its receipts and expenditures made up as the Postmaster General shall direct.

The eleventh section fixes the capital of the company on its organization at $1,000,000" for the expenses of organization and connection of its lines with the postal telegraph offices." It authorizes the purchase of existing lines subject to the approval of the Postmaster General. By act of July 24, 1866, the United States acquired the right to purchase any line of telegraph accepting the provisions of that act at an appraised value to be fixed by arbitrators, in whose appointment the telegraph company should have an equal voice. All the companies have assented to this provision. The telegraph companies contend that the establishment of a telegraphic system by Congress would depreciate the value of their lines. To meet this objection, this section provides that if any of these companies desire to sell their lines, the postal telegraph company shall purchase them at a price fixed by appraisers chosen in the manner above provided. It also authorizes the company to issue stock at par to an amount equal to the actual cost of all lines so purchased or acquired, and for the cost of all lines constructed by it.

The twelfth section provides for the transfer of the property of companies selling their lines, and for the acquisition of a good title therein.

The thirteenth section authorizes the company to establish offices at its own expense, independent of the postal telegraph offices, to be assumed at any time by the Postmaster General, and authorizes any postmaster to act as an operator. It also provides for the reference of questions arising between the company and the Postmaster General to three arbitrators appointed by the Attorney General. The charter by the fourteenth section is made conditional on the company's making the contract with the Postmaster General on the terms named in the bill. It authorizes Congress to purchase the lines at any time at an appraised value in accordance with the act of July 24, 1866.

The expenditures of the Department for 1871 were for transmission of mails. $13,869,000; other expenses, $10,720,000; total. $24,390,000. There were transmitted 602,800,000 letters; cost for transmission two and two tenths cents; other or office expenses, one and eight tenths cents; total, four cents.

42D CONG. 2D SESS.-No. 178.

The fifteenth section authorizes Congress at any time to alter or amend the act, and gives the Postmaster.General the power to prescribe all rules and regulations necessary for the execution of the provisions of the act.

The question has been raised whether the rates fixed by the bill will pay. The reduc tion proposed is about the same with that made by Great Britain. The rate there is uniform; one shilling or twenty five cents. The telegraphic receipts for 1871 were £750,000; expenses, £420,000; net receipts, $1,650,000 or £330,000; about five per cent. on the cost of the lines.

The Western Union Telegraph Company, in a memorial to Congress remonstrating against the passage of this bill, say it is "of immense pecuniary value."

The statistics of the telegraph business in Europe and the United States show that the expenses do not increase with the business; that an increase of one hundred per cent. in the business increases the expense about sixty per cent., and, therefore, if the rates are reduced thirty-seven and a half per cent., the net profits will not be diminished.

The business now pays the largest profits at the East, where the rates are about one half as much as at the West. The proposed rates being uniform, will effect a very much larger reduction at the West than at the East, with a very great increase of business and of profits. It is the case of a small business and large profits against a large business and small prof

its.

The officials prefer the former, the people the latter.

The expenses do not increase with the distance of transmission. The actual cost of transmitting a message one thousand miles is not much greater than for five hundred miles, but the present rates are twice as hight for the former as the latter, consequently only a limited business is transacted. By this bill the reduction is the greatest on the long circuits, twenty-five cents for a night message one thousand miles, the old postage for a letter. These rates will utilize the telegraph wires by night as well as by day, and must lead to a great increase of business, with a fair profit, and inestimable benefit to the people.

This bill has been very fully considered by this committee at three sessions of Congress, and all parties, including the president of the Western Union Telegraph Company, heard at great length. The committee have reported three times in its favor. It has been again considered very carefully and amended, and it is believed now protects the rights of all parties, and is now reported by the unanimous vote of the committee.

The adoption of the postal telegraph system will effect a reduction of rates of fifty per cent; on long distances a very much greater reduction, as each Senator can ascertain by comparing the prices he now pays for telegrams from his own home with those he would pay under this bill. This is a larger reduction than that obtained in Great Britain; that at a cost of many million dollars, this without expense to the Government; that accompanied by a transfer of power to the Executive and a great increase of patronage, this without any such increase of power or patronage; that concentrated the power in the Executive, this takes away the greatest power a private corporation has ever controlled, and divides that power so that it cannot be used against the people. It gives a cheaper telegraph in proportion to the distance of transmission than is possessed by any other country, and will bring the telegraphic letter within the means of all.

road or other means of transportation within the United States. I will give way for morning business if it is taken up.

The VICE PRESIDENT. The Senator from New Jersey asks unanimous consent to take up a bill subject to the morning business. Mr. CASSEREY. I think that bill will give rise to debate.

The VICE PRESIDENT. from California objects.

The Senator

Mr. SUMNER. I offer resolutions, in the nature of a petition, adopted at a large public meeting mainly of colored citizens of Wash ington, presided over by George P. Fisher, and with J. E. Carter as secretary. One of the resolutions adopted is in this form :

"That we earnestly and respectfully petition the Congress of the United States for the immediate passage of the bill introduced by Mr. SUMNER, and favorably reported upon by the Senate committee, to secure equal rights in the public schools of Washington and Georgetown."

And they further resolve "that a copy of the preamble and resolutions be immediately forwarded to Congress." One of the resolutions declares

"That it is of the highest importance to both races that the children of each be so educated that they will grow into manhood free from every vestige of prejudice and caste-a result to be accomplished only by the means proposed by the bill now pending."

They also say

"That the arguments advanced by those who are opposed to the passage of the bill are inconsistent as those heretofore advanced in opposition to the rights already conceded."

As this bill is now before the Senate, I move that this preamble and these resolutions lie upon the table.

The motion was agreed to.

Mr. SUMNER. Now I ask the Senate to be good enough to take up the bill to secure equal rights in the schools of the District of Columbia, and I will say that if it is taken up I will cheerfully give way to the morning busi

ness.

The VICE PRESIDENT. The Senator from Massachusetts asks unanimous consent that the bill reported from the District Committee in regard to schools in the District of Columbia be taken up.

Mr. JOHNSTON. I object.

Mr. SUMNER. Do I understand the Senator as objecting to taking it up? Mr. JOHNSTON. Yes, sir. Mr. SUMNER. I am very sorry.

Mr. FENTON. I present a petition of the Workingmen's Assembly of the State of New York, who feel aggrieved by the present internal revenue law relating to the manufacture of cigars, and more especially by section eighty-two of the law of 1868, imposing taxes on distilled spirits, tobacco, &c., and praying Congress for the repeal of that portion of the law relating to the bond system, and the amendment of that clause relating to the special tax upon manufacturers of cigars, so that it may be proportionate according to the number of persons employed, or the number of cigars manufactured. This petition is signed by William J. Jessup, president of the assembly, on behalf of the fifteen thousand workingmen represented at the annual session held in Albany, January 23, 24, 25, and 26, 1872. I move that the petition be referred to the Committee on Finance.

The motion was agreed to.

by soldiers and sailors, asking for the passage Mr. WILSON. I present two petitions signed

PETITIONS AND MEMORIALS.

Mr. FRELINGHUYSEN. I ask unanimous consent to take up House bill No. 694, to prevent cruelty to animals while in transit by rail

Affairs on that subject, be committed to the Committee on Military Affairs.

The motion was agreed to.

Mr. SCOTT presented a resolution of the

Legislature of Pennsylvania, requesting the Senators and Representatives of that State in the Congress of the United States to favor the granting of aid by an appropriation of money to the American Printing House for the Blind; which was referred to the Committee on Appropriations.

He also presented a resolution of the Legislature of Pennsylvania, in favor of the passage of a bill to extend the jurisdiction of the LightHouse Board so as to include the Mississippi river from St. Paul to its mouth, the Missouri river from Sioux City to its mouth, and the Ohio river from Pittsburg to its mouth; which was referred to the Committee on Commerce, and ordered to be printed.

Mr. COOPER presented the petition of Willis N. Arnold, praying compensation for cotton destroyed by rebels at Henderson Station, Tennessee; which was referred to the Committee on Claims.

Mr. COOPER. I ask the indulgence of the Senate to take up Senate bill No. 526 for the relief of Ambrose Morrison.

The VICE PRESIDENT. The Senator from Tennessee asks unanimous consent to take up a Senate bill for the relief of Ambrose Morrison.

Mr. EDMUNDS. I think we had better go through the morning business.

Mr. COOPER. I ask leave to take it up subject to the morning business.

Mr. EDMUNDS. Since my friend from Massachusetts has been defeated in undertaking to take up a more important bill, I think we had better go through with the morning business in the regular way.

The VICE PRESIDENT. Objection is made to the request of the Senator from Ten

nessee.

Mr. PRATT presented thirty-seven petitions of citizens of the United States, remonstrating against the proposed reduction of the duty on earthenware and stoneware; which were referred to the Committee on Finance.

REPORTS OF COMMITTEES.

Mr. WILSON. I am directed by the Committee on Military Affairs, to whom was referred the bill (H. R. No. 206) for the relief of George C. Haynie, to report it back without amend ment, and I ask that it be put upon its passage, if no one objects.

Mr. COOPER. I object.

The VICE PRESIDENT. The Senator from Tennessee objects to its consideration, and the bill will be placed on the Calendar.

Mr. HOWE, from the Committee on Claims, to whom was referred the bill (H. R. No. 1063) to reimburse the State of Kansas for moneys expended for the United States in enrolling, equipping, and provisioning militia forces to aid in suppressing the rebellion, asked to be discharged from its further consideration, and that it be referred to the Committee on Military Affairs; which was agreed to.

He also, from the same committee, to whom was referred a resolution of the Legislature of Kansas on the same subject, asked to be discharged from its further consideration; which was agreed to.

BILLS INTRODUCED.

Mr. TRUMBULL asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 1043) to facilitate the trial of suits, causes and proceedings; the taking of depositions, testimony-bonds; the issuing of processes, and expediting the proceedings in suits at law or in equity in the district court of the United States for the southern district of New York; which was read twice by its title.

Mr. TRUMBULL. I introduce this bill by request without indorsing it at all. I move that it be referred to the Committee on the Judiciary, and printed.

The VICE PRESIDENT. It will be so referred. By the order of the Senate the printing must be when bills are introduced on

a motion specially made. Is there objection to the printing of this bill? The Chair hears none, and the printing will be ordered.

Mr. HITCHCOCK asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 1044) granting the right of way through the public lands to the Grand Island and Northwestern railroad; which was read twice by its title, and referred to the Committee on the Pacific Railroad.

Mr. MORTON. I ask the unanimous consent of the Senate to take up Senate bill No. 58, to prescribe the time for holding the election for electors of President and Vice President in the State of Louisiana, and for other purposes, with a view of putting it on its passage. I think it will lead to no debate.

The VICE PRESIDENT. The introduction of bills is now in order; but the Senator from Indiana asks unanimous consent to take up Senate bill No. 58, subject to what remains of the morning hour. Is there objection?

Mr. COOPER. Yes, sir; I object.

Mr. RAMSEY asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 1045) to quiet the title to certain lands in Dakota Territory; which was read twice by its title, and referred to the Committee on Indian Affairs.

CHEROKEE LANDS IN KANSAS.

Mr. POMEROY. The morning business having concluded, I move that the Senate proceed to the consideration of the bill reported yesterday by the Senator from Iowa, [Mr. HARLAN,] from the Committee on Indian Affairs. It was read, and the question was upon its passage, but it was objected to by the Senator from West Virginia, [Mr. BOREMAN,] who now desires to withdraw his objection and let the bill pass. It relates to the Cherokee strip in Kansas, proposing to sell it to the settlers.

The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill (H. R. No. 1496) to carry out certain provisions of the Cherokee treaty of 1866, and for the relief of settlers on the Cherokee lands in the State of Kansas.

The VICE PRESIDENT. The bill will be reported in full.

Mr. HARLAN. It was read yesterday. The VICE PRESIDENT. It was read yesterday, and one objection was made to it, which is now withdrawn.

Mr. EDMUNDS. Let it be read again.
The Chief Clerk read the bill.

In order that certain provisions of the treaty of July 19, 1866, between the United States and the Cherokee nation may be rendered clearer and made more satisfactory to settlers upon the lands known as the "Cherokee strip," in the State of Kansas, the settlers having moved thereon since the date of the treaty, and for the purpose of facilitating the sale of the lands, the bill provides that the strip of land lying west of the Neosho river, and included in the State of Kansas, conveyed to the Cherokee nation of Indians by the United States, and now belonging to that nation, shall be surveyed under the direction of the Commissioner of the General Land Office in the same manner as the public lands of the United States are surveyed, and shall be by him offered for sale under the provisions and restrictions of this act; and all the lands in the tract lying east of the Arkansas river are to be sold at two dollars per acre, and all lands in the tract lying west of the river are to be sold at $1 50 per acre, except as hereinafter provided; but where there is a fraction of land less than forty acres, it is to be sold with the contiguous tract, the expense of survey to be paid out of the proceeds of the land, in accordance with the treaty of July 9, 1866.

The second section provides that each person being the head of a family or over twentyone years of age, who has made a bona fide settlement and improvement upon any portion

of the lands, and is now occupying the same, or, in case of his or her death, the heirs of such, or, if such heirs are minors, their guardians for them, are to be entitled to enter and purchase the lands so settled upon and occupied, not exceeding one hundred and sixty acres, at the price fixed in the first section, payment for which is to be made at any time within one year from the date of the approval by the Secretary of the Interior of the acceptance of the provisions of this act, as provided for in the fifth section; and all persons, heads of families, or over twenty-one years of age, who may settle upon the lands at any time within one year from the date of the passage of this act, may purchase the land so settled upon, not exceeding one hundred and sixty acres, at the price fixed in the first section, and make payment therefor within one year from the date of settlement; but all lands not sold under the foregoing provisions of this section, and all lands settled upon but unpaid for at the expiration of the limitation named in the foregoing provisions of this act, are, unless such payment be suspended by reason of contest or appeal, to be sold by the Secre tary of the Interior on sealed bids, after due advertisement, in tracts not exceeding one hundred and sixty acres, and at not less than the price fixed in the first section; and proof of settlement, entry, and payment is to be made at the land office of the proper district, under such regulations as the Commissioner of the General Land Office shall prescribe. The town-site laws are extended to and made applicable to these lands, subject to the provisions of this act, and the Secretary of the Interior may cause public advertisement to be made of the provisions of this act.

The third section provides that any Cherokee citizen, or the heirs-at-law of such, who had rights under the Cherokee laws to any portion of the lands, and whose titles were valid at the date of the treaty of 1866, and who may be able to establish such validity within one year from the date of the passage of this act, under such rules as the Secretary of the Interior may prescribe, shall receive the proceeds of the sale of such identical lands, not exceeding one hundred and sixty acres, instead of their being invested as provided in the fourth section.

The fourth section provides that all moneys accruing from the sales of land under this act shall, without unnecessary delay, be invested in the registered five per cent. bonds of the United States, as provided in the twenty-third article of the treaty of 1866.

The fifth section provides that the sale of the lands shall not take place until the provisions of this act are accepted by the Cherokee national council, or by a delegation duly authorized thereby, which acceptance is to be filed with the Secretary of the Interior, and, when approved by him, is to be final and conclusive.

Mr. BOREMAN. When this bill was up yesterday morning, I thought from the reading of it at the desk there might be some objec tion to some of its provisions. I have since examined it, and am satisfied, so far as I am concerned, that there is nothing in it that is objectionable. I therefore make no further opposition to it.

Mr. CALDWELL. I hope there will be no opposition to this bill. It is very important that it should pass. The whole strip is now settled upon by settlers, and the bill has been agreed upon by the settlers and the Indians and the entire delegation from Kansas. It is satisfactory to all parties concerned, and it is of very great importance that the bill should be speedily passed. A similar bill was passed by the Senate last spring, but was not reached in the House of Representatives. It has now been acted upon in the House and reported favorably by the Indian Committee of the Senate, and I hope it will pass.

Mr. HAMILTON, of Texas. I should like to ask the Senator from Kansas whether the

Indians are pressing this matter, or whether it it is being pressed by the settlers there?

Mr. CALDWELL. I will say to the Senator that the Indians are pressing the matter. They have been pressing it for two sessions of Con gress. They are more anxious, or quite as anxious, as the settlers to have this bill passed. Mr. HAMILTON, of Texas. Let me ask the Senator further, whether these settlers went on the lands in pursuance of law, were invited by the United States on that territory, or whether they are not squatters?

Mr. CALDWELL. I do not know how that is. I know they are there now, settled on the land.

Mr. HAMILTON, of Texas. Mr. President, half the Indian wars that we have had in this country have been produced by exactly just such conduct, and in every instance the parties come in and ask us to give them a premium for violating the law of the United States. My information is that these settlers are trespassers; that they went there not in pursuance of law, but in violation of the laws of the country, and that they are occupying the best lands of the strip, all the choice parts, worth now ten and fifteen dollars an acre.

Mr. POMEROY. If the Senator had noticed the reading of the bill he would have observed that the bill itself states that no settlers went on the land until after the treaty, until they had been treated for and ceded to the United States.

Mr. TRUMBULL. Had they a right to go on then?

Mr. POMEROY. They had.

Mr. HAMILTON, of Texas. I am a little surprised to see the chairman of the Committee on Public Lands managing a matter of this sort, when these are not public lauds at all, but private lands, and belong to the Indians. If the Indians want to dispose of the lands, I do not see anything to prevent them disposing of them. How it happens that the United States must take charge of the lands, survey them, and make regulations for their sale, and fix a price upon them without the Indians, as far as I can see, being consulted at all, is very remarkable.

Mr. HARLAN. The honorable Senator was formerly a member of the Committee on Indian Affairs, and I think this subject was before the committee while he was a member. This bill relates to a small strip of land on the south border of Kansas, two and a half miles wide, by about two hundred miles long. By the treaty of 1866 the Indians provided that the land might be sold at not less than $1 25 an acre in gross, and $1 50 an acre if the lands were sold in detail. This bill provides for the sale of a part at two dollars and the rest at $1 50. The Indians are perfectly satisfied with it, and are anxious the bill should pass.

Mr. HAMILTON, of Texas. I do not dispute that the chief men of the Indians may have been consulted about it, and may be satisfied with it, but it does not always follow that the interests of the nation are promoted by carrying out suggestions of their chiefs. I remember very well that we had wars both with the Creek and the Cherokee nations of Indians because of their having been deprived of their rights by their agents and chiefs. I will not undertake to say that is the case here, but I do undertake to say that two dollars an acre for the choice of these lands will not compensate the Indians for the value of the whole lot. For instance, if you take one third or one fourth of it, that may be worth ten or fifteen dollars an acre, and sell that for two dollars an acre, a large proportion of the rest will not sell for twenty-five cents an acre, perhaps, and may not sell at all.

I hold, Mr. President, that in dealing with Indian matters of this sort the Government of the United States ought not only to be exceedingly careful for the settlers, but should look to the interests of the Indians, for I un

dertake to say that these settlers are squatters. I am sure that is the case. I have never known it to be otherwise, in fact, in any part of the United States. Wherever you find a matter of this sort coming up, you will find ten, fifteen, or twenty thousand white settlers on the Indian lands. That always has been the case, and I am afraid it always will be the case. Now, it is impossible ever to have peace with the Indians or ever to have any good feeling on the part of the Indians toward the United States while that course is pursued. I object to the present consideration of this bill.

The VICE PRESIDENT. The bill has been taken up by formal vote of the Senate, the morning business having been concluded. It has lain over one day since it was reported, according to the rules, and is open for debate or amendment.

Mr. HAMILTON, of Texas. I move the reference of the bill to the Committee on Private Land Claims.

Mr. POMEROY. This bill was reported yesterday from the Committee on Indian Affairs. I thought the Senator was on that committee. I do not know that he is.

Mr. HARLAN. He is not now.

Mr. POMEROY. It was reported twice last year, and passed in the last Congress, and passed at the first session of this Congress. There never has been any objection to this bill in this body or the other. It has now passed the other House, and I hope the Senate will not insist upon sending it to a committee again after having had three reports, all unanimous, and the Indians are here urging it.

Mr. HAMILTON, of Texas. I ask the Sen. ator now if he thinks that under this bill the Indians will within the next twenty years get an average of one dollar an acre for these lands?

Mr. POMEROY. I do think they will get more than that. I am sorry to say that while they agreed last year to take $1 25 an acre, this year they ask more, and get it by this bill.

Mr. HAMILTON, of Texas. I ask the Senator whether many of these lands are not worth six times the price put on them?

Mr. POMEROY. If they are worth six times that, I am very safe in saying they will get one dollar an acre.

Mr. HAMILTON, of Texas. Are not some worth twelve or fifteen dollars an acre?

Mr. POMEROY. It is a strip one hundred and eighty miles long and two miles wide. The State line of Kansas lapped over on this country about two miles when they came to run the line.

Mr. HAMILTON, of Texas. The Senator does not answer my question, whether many of the lands proposed to be sold here at two dollars are not worth five or six times as much?

Mr. POMEROY. I do not know the fact, but I will admit it if the Senator desires. Mr. HAMILTON, of Texas. If that is so, the Indians ought to have the benefit of it.

Mr. POMEROY. I know the Indians are anxious to sell, and they have fixed the price at two dollars an acre east of the Arkansas, and $1 50 west of it.

Mr. HAMILTON, of Texas. If the Government of the United States were to take the whole tract at $1 50 an acre I should have no objection; perhaps that would be a fair price for the whole; but if you cull it and take the choice portions at two dollars an acre, the residue remains in the hands of the Indians unsalable, when these choice spots might sell for twelve or fifteen dollars an acre. there is no justice in that.

I

say

Mr. POMEROY. I hope the bill will not be recommitted to any committee. I would rather take the vote of the Senate upon that without any debate.

Mr. CALDWELL. I will say that if a portion of the lands are worth ten or fifteen dollars an acre, they are worth that much because the settlers have given value to the lands. Five years ago they were not worth fifty cents

an acre. I know that ten years ago they could be bought for thirty or forty cents an acre, and any value that is attached to them now has resulted from their settlement by settlers-settlers who have gone there and made their homes. This bill provides for the sale of this entire tract of five hundred and fifty thousand or six hundred thousand acres at two dollars and $1 50 an acre, according to locality, which is more than the Indians agreed to a year ago for these same lands. Not only are the chiefs and head men of the tribe satisfied with this, but all the Indians are satisfied with it, and I am sure they will get a fair price for the whole land.

The VICE PRESIDENT. The question is on the motion to refer the bill to the Committee on Private Land Claims.

The motion to refer was not agreed to. The bill was reported to the Senate without amendment, ordered to a third reading, read the third time, and passed.

AMBROSE MORRISON.

Mr. COOPER. Senate bill No. 526.

I now move to take up

The motion was agreed to; and the Senate, as in Committee of the Whole, proceeded to consider the bill (S. No. 526) for the relief of Ambrose Morrison. It proposes to appropriate $16,384 96 to Ambrose Morrison for his property in the city of Nashville, Tennessee, which was taken by the military authorities of the United States for the erection of permanent fortifications, with a proviso that any moneys heretofore paid to Morrison by the United States, on account of the property, shall be deducted from the amount hereby appropriated.

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

That the sum of $7,262 17 be, and the same hereby is, appropriated, out of any money in the Treasury not otherwise appropriated, to Ambrose Morrison, for his property in the city of Nashville, Tennessee, which was taken by the military authorities of the United States for the erection of permanent fortifieations.

Mr. EDMUNDS. I should like to hear the report read.

The Chief Clerk read the following report submitted by Mr. Scort, from the Committee on Claims, on the 10th instant:

The Committee on Claims, to whom was referred the bill (S No. 526) for the relief of Ambrose Morrison, adopt the report upon the memorial of said Morrison, made by Mr. WINDOM, in the House of Representatives, first session Thirty-Eighth Congress, in the following words:

"That the memorialist presents a claim for the value of a house and lot taken possession of by the military authorities of Nashville, Tennessee, for the purpose of erecting permanent fortifications thereon.

It appears that, in order to defend Nashville against the rebel army, it was deemed necessary to erect fortifications, and on the 4th day of May, 1863, the memorialist was notified by 'George Burroughs, lieutenant of engineers,' to vacate his house, when it was taken down and his grounds occupied by the fortifications.

"A board of appraisers was duly appointed by the commanding officer, Brigadier General J. D. Morgan, consisting of Colonel A. C. Gillem, first Tennessee infantry; Edward H. East, secretary of State; and A. V. S. Lindsley, for the purpose of estimating the damages, and whose award is made a part of this report.

Among the many claims before your committee this is one of the few so well established by indisputable testimony that they have no doubt of its merit.

The agents of the Government, deeming it a military necessity, deliberately take possession of his property and appoint commissioners of their own choosing to place a value upon it. There would seem but little left for Congress to do in the premises but to appropriate the requisite amount of money to pay the award of the appraisers. Aside from the justice of this claim, it is one of those cases that appeal directly to the sympathies of those having the power to relieve the distressed.

The most prominent loyal men of Nashville, including Governor Andrew Johnson, represent that Mr. Morrison is an invalid of several years' standing, being paralyzed and unable to walk or stand erect; that he has a wife and five children, the oldest only sixteen years of age, entirely dependent upon him for their support and education, and that the property taken by the Government was his sole dependence, and they earnestly urge immediate measures for his relief.

"The whole sum found due to Mr. Morrison by said board of appraisers is $16,384 90. Your committee

are of the opinion that the general depreciation of property in that section of the country requires some deduction from the amount thus allowed by said board, and believing that $15,000 would be no more than a just compensation for the property so taken, report a bill for that sum, and respectfully recommend its passage."

Ambrose Morrison has since died. The sum of $7,737 83 has been paid him by the War Department since the report above quoted was made, and we now recommend the passage of a bill for payment to his legal representatives of the sum of $7,262 17, being the $15,000 recommended by foregoing quoted report less $7,737 83 already paid.

To the Senate and House of Representatives of the United States in Congress assembled:

The memorial of the undersigned, citizens of Nashville, Tennessee, showeth: that the homestead of Ambrose Morrison, a loyal citizen of Nashville, Tennessee, being favorably situated, was taken by the military authorities for permanent fortifications; that commissioners were appointed by the commanding general, J. D. Morgan, to appraise the value of said property, who estimated it at $16,384 90; that the said Ambrose Morrison has been confined to his house for the last five years, being paralyzed, and not able to walk or stand erect; that he has a wife and five children wholly dependent on him for support, and the commissioners, in view of the peculiar and melancholy circumstances of his case, recommended that immediate payment should be made him, but he has not, up to this time, received a single dollar of the amount.

Your memorialists, therefore, recommend to the favorable consideration of Congress the case of the said Ambrose Morrison, whose entire means of support has been used in those years of sickness, and he is now dependent on his aged father-in-law, himself in embarrassed circumstances, and that he has no other hope for the future support of himself and family but in the payment of his claim for the property taken by the Government for military uses. A. V. S. LINDSLEY. ALVAN C. GILLEM. EDWARD H. EAST,

Secretary of State. JOSEPH S. FOWLER, Comptroller of the Treasury.

Lieutenant Governor. The amendments of the committee were agreed to.

Mr. COOPER. I see by the report that the original petitioner has since died. I move, therefore, to amend the bill so as to read "the representatives of Ambrose Morrison."

The amendment was agreed to.

The bill was reported to the Senate as amended, and the amendments were concurred in.

Mr. EDMUNDS. This report does not state that this claimant in his life-time was a

man loyal to the Government. He probably was covered by the amnesty if he was not loyal. I wish the Senator from Pennsylvania who made the report would state how it appeared before the committee. The report is silent on the subject, except that it appends the memorial of those who petition in behalf of the claimant, which does say, in the usual form, that he was a loyal citizen, but the report says nothing about it, except that it appends the memorial.

Mr. SCOTT. I can only say that the bill and petition were accompanied by numerous papers connected with this case, and that they left no doubt as to the loyalty of Mr. Morrison during his life. Indeed, the papers were of such a character as to show that his loyalty was of an intensity that was highly creditable to him, and not often found in that atmosphere at that time.

Mr. EDMUNDS. It was not loyalty under the great seal or by proclamation that we have been talking of.

Mr. SCOTT. No, sir; it was loyalty tried in the fire.

Mr. EDMUNDS. That is right.

Mr. WINDOM. If the Senator from Pennsylvania will allow me, I will state one item of evidence of loyalty. The proof showed that Mr. Morrison was paralytic, confined to his bed, when the vote upon secession was taken

in Tennessee, and that so earnest and intense was his loyalty that he was carried to the polls to vote against secession.

Mr. COOPER. If there was a loyal man in the world he was one.

Mr. EDMUNDS. I do not wish to debate the bill, it appearing now from the statement of the committee that this gentleman was a man who was loyal in fact. The report of the committee certainly discloses a just ground of claim, as it seems to me, and I am very glad to have the bill passed.

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

The title of the bill was amended so as to read: "A bill for the relief of the legal repre sentatives of Ambrose Morrison, deceased."

AID TO RAILROADS IN DAKOTA.

Mr. BOREMAN. I ask the Senate to take up and consider a bill in regard to a matter in Dakota Territory. It will not take more than a moment or two. It is Senate bill No. 617.

The Senator

The VICE PRESIDENT. from West Virgina asks unanimous consent to consider the bill indicated by him. It will be reported in full if there be no objection, as the morning hour is just expiring.

Mr. BOREMAN. There is a substitute reported by the committee.

The Senate, as in Committee of the Whole, proceeded to consider the bill (S. No. 617)|| approving the act passed by the Legislative Assembly of Dakota Territory authorizing the people to vote aid to railroads.

The Committee on Territories reported the bill with an amendment to strike out all after the enacting clause, and to insert in lieu thereof the following:

That the act passed by the Legislative Assembly of the Territory of Dakota, and approved by the Governor on the 21st day of April, 1871, entitled "An act to enable organized counties and townships to vote aid to any railroad and to provide for the payment of the same." be, and the same is hereby, disapproved and annulled, except in so far as is herein otherwise provided. But the passage of this act shall not invalidate or impair the organization of the company heretofore organized for the construction of the Dakota Southern railroad, leading from Sioux City, Iowa, to Yankton, the capital of said Territory, or any vote by any county or township granting aid to said railroad, or any subscription thereto, or anything authorized by, and that may have been done in pursuance of the provisions of the aforesaid act of the legislative assembly of said Territory toward the construction and completion of said railroad; and the organization of said company and the provisions of said act of said Legislative Assembly, so far as the same authorize, and for the purpose of validating any vote of aid and subscriptions to said company for the construction, completion, and equipment of the main stem of said railroad between the termini aforesaid, are hereby declared to be and remain in full force, but no further, and for no other purpose whatsoever.

Mr. POMEROY. If I understand that, it annuls a law of the Territory granting aid to a railroad.

The VICE PRESIDENT. If the bill gives rise to debate, the morning hour has just expired, and it must go over.

Mr. HAMLIN. I hope that bill will be allowed to pass.

Mr. MORTON. It is important that the bill should pass. I think it is right.

Mr. BOREMAN. I will state in a word what it is.

The VICE PRESIDENT. If there be no objection the Chair will not call up the unfinished business until the Senator from West Virginia has an opportunity of explaining the object of the bill.

Mr. BOREMAN. The Legislature of the Territory of Dakota passed a general law on the subject of corporations authorizing subscriptions by counties and townships to railroad companies. Under that law a company has been organized to construct a road from Sioux City, Iowa, through four counties, just passing the capital of the Territory, and the route has been located; all the bridges I believe built. At this stage of the proceeding

it has been suggested that the territorial Legislature went beyond its power in passing this general law, and allowing these votes for subscriptions, and authorizing bonds to be issued so that it is difficult to realize upon them. The contractors are in this condition and the citizens cannot progress with the work. The Committee on Territories, on a reference of this bill, which merely approved what had been done, came to the conclusion that these were dangerous laws to allow the Legislatures of Territories to pass. Therefore we reported a substitute, annulling this law as a general law, but approving what they had done under it and allowing them to complete this single line of road and confirming the subscriptions which had been made.

Mr. EDMUNDS. I should like to ask my friend from West Virginia what he thinks about this question: assuming, as this bill does, that this act of the territorial Legislature was void as an excess of power, and assuming, therefore, which would necessarily follow, that the votes of these townships were void, how can we know that a majority of the people of those townships did not stay away from the polls knowing that the whole thing was a total nullity, and therefore, contrary to the sentiment of the majority of the propertyholders or voters of the town, those who were interested in the scheme went to the polls and gave this vote? Now, we say that a void vote given in a town meeting, when we have no knowledge as to how fully attended the town meeting was, shall bind the property of that town without again submitting it to the vote of that town, making the law valid, to see whether they are willing to agree to it.

I know in some northern States where things of this kind have happened from time to time it has not been unfrequent that where a town undertook to pass a vote in aid of a work of some public kind there would be a discussion as to whether the town had the right to do it, and a great many people believing the town had no right to do it, would not go to the polls at all, but would stay away from the polls under the advice of counsel that if they went to the polls and voted they would be taken properly to have compromised their right to resist. They therefore stay away and then apply to the judicial tribunals for redress. It would not do in such a case for the Sovereign power to turn around and say they would validate that void act. That would be legislating backward with a vengeance. Mr. BOREMAN. Mr. PresidentMr. COLE rose.

The VICE PRESIDENT. This is subject to a demand for the regular order.

Mr. COLE. I am very sorry to object to the bill of the Senator from West Virginia. I objected to this bill yesterday, but I supposed it would pass without discussion this morning. Mr. BOREMAN. I think it will. Mr. COLE. Then let us vote upon it. Mr. BOREMAN. I merely wanted to make an explanation.

The VICE PRESIDENT. The Chair will hear the Senator with pleasure if the regular order is not demanded. The Chair understands the Senator from California to yield for a moment or two longer.

Mr. BOREMAN. I did not say that it was my opinion or the opinion of the committee that these votes were void at all, and there was no such suggestion at the time the votes were taken. I said that subsequently some persons had suggested legal difficulties in regard to the power of the Legislature to pass the law, and therefore they came here to get the sanction of Congress as to the particular company and its transactions, which they had organized simply to give them character and standing. There has been no decision and no written opinion even of a lawyer so far as I know that the proceedings have been void, that the territorial Legislature exceeded its power.