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suspended, and the House resolve itself into Committee of the Whole on the special order.

Mr. BINGAM. I hope not. We have a special order for the morning hour of to day.

Mr. COBURN. When the proposition was made to have the daily sessions of the House commence at eleven o'clock it was understood that it was to enable us to have a morning hour each day.

Mr. DAWES. The House has assigned most of the evenings of this week and next week for morning hour business. And debate on the tariff bill has also been limited to Thursday of this week. Now it is apparent that if we are to have any consideration of the merits of the tariff bill we must go into Committee of the Whole immediately.

Mr. BINGHAM. I hope the special order for the morning hour of to day will not be overslaughed in this way.

Mr. DAWES. The House will recollect that when the vote was taken yesterday, terminating all debate on the tariff bill on Thursday next, gave notice that I would be compelled to move to go into Committee of the Whole immediately after the reading of the Journal.

Mr. BEATTY. Pending the motion to go into Committee of the Whole, I move that debate upon the pending section be extended for half an hour.

The question was taken on the motion to extend the time for debate; and upon a division there were-ayes 47, noes 74.

Before the result of the vote was announced, Mr. BEATTY called for the yeas and nays. Mr. FARNSWORTH called for tellers.

The SPEAKER. The call for yeas and nays takes precedence of the call for tellers.

The yeas and nays were not ordered, there being but nine in the affirmative; not one fifth of the last vote.

Mr. FARNSWORTH. Let us have tellers. Tellers were not ordered, there being sixteen in the affirmative; not one fifth of a quorum.

Accordingly motion to extend time for debate was not agreed to.

The question recurred upon the motion to suspend the rules and go into Committee of the Whole; and being taken, upon a division there were-ayes 84, noes 36.

Before the result of the vote was announced, Mr. BINGHAM called for tellers. Tellers were ordered; and Mr. DAWES and Mr. BINGHAM were appointed.

The House again divided; and the tellers reported that there were-ayes 86, noes 42. So the motion was agreed to. Pending the resolving of the House into Committee of the Whole,

UNITED STATES COAST SURVEY.

Mr. PRICE, from the Committee on Printing, by unanimous consent reported back, with a recommendation that the same do pass, the following concurrent resolution of the Senate:

Resolved by the Senate, (the House of Representatives concurring,) That there be printed thirty-five hundred extra copies of the report of the Superintendent of the United States Coast Survey for 1871,

of which fifteen hundred shall be for the use of the House of Representatives, one thousand for the use of the Senate, and one thousand for the use of the Superintendent.

Mr. BEATTY. Has the gentleman from Georgia, [Mr. PRICE,] my colleague on the committee, the floor?

The SPEAKER. Only by unanimous con

sent.

Mr. BEATTY. Has he not the right to report this resolution?

The SPEAKER. The House is really in Committee of the Whole, but if there be no objection the Chair will entertain this resolution.

There being no objection, the resolution was considered, and agreed to.

GEOLOGICAL SURVEY OF TERRITORIES. Mr. PRICE. I ask unanimous consent to

report also from the Committee on Printing the following resolution:

Resolved by the House of Representatives, (the Senate concurring.) That there be printed and bound, with maps and other illustrations, fifteen thousand copies of Professor Hayden's annual report of the United States geological survey of the Territories for 1871, of which nine thousand copies shall be for the use of the House of Representatives, three thousand for the use of the Senate, fifteen hundred for the use of the Secretary of the Interior, and fifteen hundred for distribution by the Smithsonian Institution.

Mr. BROOKS. Can the committee tell what is to be the cost of this publication?

The SPEAKER. Does the gentleman from New York [Mr. BROOKS] object to the reception of the resolution?

ted States, excluding charges in such port, shall exceed thirty-two cents per pound, the duty shall be twelve cents per pound and ten per cent. ad valorem.

The question being taken on agreeing to the amendment, there were-ayes 24, noes 55; no quorum voting.

Tellers were ordered; and Mr. BEATTY and Mr. STARKWEATHER were appointed. The House divided; and the tellers reported-ayes 36, noes 87.

So the amendment was not agreed to.

Mr. VOORHEES. I desire to say that on all questions touching the tariff I am paired with the gentleman from Pennsylvania, Mr. MERCUR. This will account for my not voting.

Mr. DUKE. I am paired with the gentleman from New Jersey, Mr. HALSEY.

Mr. BEATTY. I move to amend by insert

Mr. BROOKS. I do, unless I can have a satisfactory answer to that question? The SPEAKER. Then the resolution willing after the word "animals," in line fournot be received.

INTERNATIONAL PENITENTIARY CONGRESS.

Mr. PRICE, by unanimous consent, submitted the following resolution; which was read, considered, and agreed to:

Resolved by the House of Representatives, (the Senate concurring,) That there be printed five thousand extra copies of the preliminary report of the commissioner of the United States to the international penitentiary congress of London, with accompanying documents; one thousand copies to be for the use of the Senate, two thousand for the use of the House, and two thousand for the State Department.

THOMAS B. WALLACE.

On motion of Mr. COMINGO, by unanimous consent, the bill (S. No. 569) for the relief of Thomas B. Wallace, of Lexington, in the State of Missouri, was taken from the Speaker's table, read a first and second time, and referred to the Committee of Claims, not to be brought back on a motion to reconsider. ADMINISTRATION OF JUSTICE.

On motion of Mr. BUTLER, of Massachusetts, by unanimous consent, the bill (S. No. 473) to further the administration of justice was taken from the Speaker's table, read a first and second time, and referred to the Committee on the Judiciary, not to be brought back on a motion to reconsider.

TARIFF AND TAX BILL.

Mr. BINGHAM. I call for the regular order.

The SPEAKER. The regular order is to go into Committee of the Whole, the House having agreed to a motion for that purpose.

The House accordingly resolved itself into the Committee of the Whole on the state of the Union, (Mr. SCOFIELD in the chair,) and resumed the consideration of the bill (H. R. No. 2322) to reduce duties on imports, and to reduce internal taxes, and for other purposes.

Mr. BROOKS. I believe, Mr. Chairman, that an amendment of mine is pending. The CHAIRMAN. The Clerk informs the Chair that the amendment offered by the gentleman from New York [Mr. BROOKS] was voted down.

Mr. BROOKS. There was no quorum voting, and the committee rose without deciding the question.

Mr. DAWES. The Journal settles the question.

The CHAIRMAN. The recollection of the Chair agrees with that of the gentleman from New York; but the Journal shows that the amendment was voted down.

Mr. BROOKS. I wish the Journal would be more careful in its record.

Mr. BEATTY. I move to amend the

pending section by inserting after the word 'animals," in line fourteen, the following:

66

Provided, That on all wools of the first class, defined by law, and known as clothing wools, the value whereof at the last port or place whence exported to the United States, excluding charges in such port, shall be thirty-two cents or less per pound, the duty shall be ten cents per pound, and, in addition thereto, eleven per cent. ad valorem; And provided further, That on all wools of the same class, the value whereof at the last port or place whence exported to the Uni

teen of the second section, the following:

Provided, That all wools of the first class, defined by law, and known as clothing wools, shall be excepted from the provisions of this act, and there shall be paid thereon the duty imposed by existing law.

The committee divided; and there wereayes 16, noes 80; no quorum voting.

The CHAIRMAN appointed Mr. BEATTY and Mr. KILLINGER tellers.

The committee again divided; and the tellers reported-ayes 33, noes 88.

So the amendment was rejected.

Mr. BEATTY. Isubmit the following amend

ment:

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Insert after the word "animals," second section, line fourteen, the following:

Provided, That on all wools of the first class, defined by law and known as clothing wools, there shall be levied, collected, and paid ninety-eight per cent. of the duty now imposed by law.

Mr. FARNSWORTH. I move to amend the amendment by striking out the word "eight," so as to leave it "ninety."

Mr. BINGHAM. That is what it is now. The amendment to the amendment was agreed to.

The amendment, as amended, was then rejected.

Mr. BEATTY. I move the following amend

ment:

Provided, That on all wools of the first class, defined by law, and known as clothing wools, there shall be levied, collected, and paid ninety-seven and one half per cent. of the duty now imposed by law. The committee divided; and there wereayes 17, noes 105.

So the amendment was rejected.

Mr. BEATTY. I move the committee do now rise.

The committee divided; and there wereayes 2, noes 101.

So the committee refused to rise.

Mr. BEATTY. I offer the following amend

ment:

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Mr. PLATT. It is only trifling with the House.

Mr. BEATTY. Debate is not in order.

The Clerk proceeded to call the roll, and the following-named members failed to answer to their names:

Messrs. Adams, Barnum, Beveridge, Bigby, Biggs, James G. Blair, Bright, Roderick R. Butler, Campbell, Coburn, Creely, Darrall, De Large, Eldredge, Ely. Farwell, Forker, Garrett, Giddings, Haldeman, Halsey, Hays, Hooper, Kendall, Kinsella, Marshall, Maynard, McHenry, Mercur, Mitchell, Moore, Morphis, Peck, Porter, Potter, Price, Prindle John M. Rice, W. R. Roberts, Robinson, Shellabarger, Slocum, Snyder, Storm. Stowell, Dwight Townsend, Tuthill, Walden, and Wood.

The committee then rose; and the Speaker having resumed the chair, Mr. SCOFIELD reported that the Committee of the Whole on the state of the Union had, according to order, had the Union generally under consideration, and particularly a bill (H. R. No. 2322) to reduce duties on imports and to reduce internal taxes, and for other purposes, and finding itself without a quorum had caused the roll to be called, and directed him to report the names of the absentees to the House to be entered upon the Journal.

The SPEAKER. The report of the chairman of the Committee of the Whole shows the presence of one hundred and ninety-one members, which is more than a quorum.

Mr. DAWES. I move that the House now resolve itself into the committee to resume the consideration of the tax and tariff bill.

Mr. BEATTY. I should like to have a division on that.

Mr. DAWES. Does it require a motion for the committee to resume its session, it appearing that more than a quorum of the members have answered to their names? Do we not go back into the committee without a motion?

The SPEAKER. That is so, and the Chair will not entertain any demand for division.

MESSAGE FROM THE SENATE.

A message was received from the Senate, by Mr. SYMPSON, one of its clerks, notifying

the House that the Senate had agreed to the amendments of the House to a bill (S. No. 354) relating to the Reform School of the District of Columbia.

The message further announced that the Senate had passed an act (H. R. No. 2053) authorizing the nomination and appointment to the retired list of the Navy of certain volunteers on the active list of the Navy who are disabled in consequence of wounds received during the late war, with an amendment; in which the concurrence of the House was requested.

The message further announced that the Senate had passed an act (H. R. No. 2055) for the relief of H. C. Christopher, G. W. Beard, C. A. Uber, Edward Stiles, and N. H. Lamdin, without amendment.

The message further announced that the Senate had passed bills of the following titles; in which the concurrence of the House was requested:

An act (S. No. 107) for the relief of the heirs or legal representatives of George C. Bestor;

An act (S. No. 595) to fix the pay of certain rear admirals on the retired list of the Navy; An act (S. No. 171) for the relief of Pay master George F. Cutter;

An act (S. No. 1026) for the relief of the officers and crew of the United States steamer Vicksburg;

An act (S. No. 849) authorizing corrections to be made in errors in prize lists;

An act (S. No. 927) for the relief of the children of Otway H. Berryman, deceased;

An act (S. No. 329) for the relief of Charles W. Whitney;

An act (S. No. 1027) to restore Lazarus L. Reamey to the Navy of the United States as a midshipman;

An act (S. No. 259) for the relief of Mrs.

Harriet B. Pendleton, widow of George H. Pendleton, late of the United States Navy; An act (S. No. 173) extending the provisions of the act of July 16, 1862, granting ten years' additional service on the active list to certain officers, to Lieutenant Commander W. B. Cushing;

An act (S. No. 899) for the relief of the children of O. H. Berryman, deceased, and others;

An act (S. No. 417) fixing the rank of professors of mathematics in the United States Navy;

An act (S. No. 746) granting a pension to the widow of the late Admiral Farragut; and An act (S. No. 835) for the relief of Mrs. Cecilia Barr, widow of William Barr.

The message further announced that the Senate asked for a committee of conference on the disagreeing votes of the two Houses on an act (S. No. 881) to provide for the abatement or repayment of taxes on distilled spirits in bond destroyed by casualty, and had appointed as managers of said conference on its part, Mr. SHERMAN, Mr. WRIGHT, and Mr. SAULSBURY.

TARIFF BILL.

The committee again resumed its session. The CHAIRMAN. The House is in Committee of the Whole and has under consideration the tariff and tax bill. When the committee last rose it was dividing on an amendment of the gentleman from Ohio, [Mr. BEATTY.]

Mr. DAWES. I would like to inquire of the gentlemen from Ohio if there are any condi tions on which he would allow the public business to proceed.

Mr. BEATTY. My understanding was that when we came to debate this bill by paragraphs

Mr. PERCE. The amendment is in favor of the manufacturers of the South. The committee divided; and there wereayes 84, noes 53.

Mr. LYNCH. I call for tellers.

On ordering tellers there were-ayes fifteen. So one fifth of a quorum not having voted in the affirmative, tellers were refused, and the amendment was agreed to.

Mr. BROOKS. Ioffer the following amend

ment:

After the line nine, section two, insert the following: Provided, That no higher duty shall ever be levied, collected, or paid, than sixty-five per cent. ad valorem.

Mr. RANDALL. To what does that amendment apply? To iron?

A MEMBER. To everything.

Mr. RANDALL. I hope it will be voted down.

Mr. BROOKS. I hope it will be voted up. The question being taken on the amend ment of Mr. BROOKS, there were-ayes 54, noes 80.

Mr. BROOKS called for tellers.
Tellers were ordered.

The committee again divided; and the tellers reported-ayes 56, noes 80..

So the amendment was not agreed to.

Mr. BINGHAM. I move to strike out from line ten to line twenty, inclusive, the following words:

On all manufactures of cotton of which cotton is the component part of chief value.

On all wools, hair of the alpaca goat, and other like animals, and all manufactures wholly or in part of wool or hair of the alpaca, and other like animals. On all iron, and on all manufactures of iron of which iron is the component part of chief value.

On all metals not herein otherwise provided for, and on all manufactures of metals of which either of them is the component part of chief value.

Mr. COX. I rise to a question of order. I desire to ask the Chair whether I will be allowed to move to perfect this portion of the section before the question is taken on strik

Mr. FARNSWORTH. I rise to a point of order. I submit that debate is not in order. The CHAIRMAN. The gentleman from Massachusetts [Mr. DAWES] inquires of the gentleman from Ohio [Mr. BEATTY] if there ing it out?

are any terms upon which he will agree to let the public business proceed in this committee. The gentleman from Ohio was about to respond to that interrogatory.

Mr. CONGER. I object to any arrangement between the gentleman from Ohio and the gen. tleman from Massachusetts.

The CHAIRMAN. Objection is made. The tellers will resume their places.

Mr. DAWES. I should like the gentleman from Ohio just to state what will be satisfactory to him.

Mr. FARNSWORTH. I move that the committee rise for the purpose of breaking this dead-lock.

The CHAIRMAN. The motion of the gentleman from Illinois [Mr. FARNSWORTH] is not in order, as the committee is now dividing. The Clerk will again report the amendment of the gentleman from Ohio, [Mr. BEATTY.] The Clerk read as follows:

Add to the paragraph the following: Provided, That on all wools of the third class, defined by law and known as carpet wools, there shall be levied, collected, and paid double the rate of duty now imposed by law.

The tellers then resumed their places, and, reported-ayes 8, noes 122. the committee having again divided, they

So the amendment was disagreed to.

Mr. FARNSWORTH. I move that the committee rise. I make this motion for the purpose of asking the House to extend the time for debate.

The motion that the committee rise was not agreed to.

Mr. BUCKLEY. amendment:

The CHAIRMAN. The House directed that the committee should treat the whole of this as one paragraph. A motion to strike out several lines or clauses is therefore as much in order as a motion to strike out a word.

Mr. COX. If I wish to amend by adding a proviso at the end of the seventeenth line, would I not be cut off from making such a motion if that of the gentleman from Ohio, should succeed?

The CHAIRMAN. The gentleman from New York [Mr. Cox] can offer an amendment to that offered by the gentleman from Ohio, [Mr. BINGHAM.]

Mr. COX. I offer, then, as a proviso, to come in at the end of the seventeenth line, the following:

Provided, That bar iron, rolled or hammered, not less than one fourth inch thick, and not less than one inch nor more than six inches wide, and round and square not less than one half nor more than three inches in diameter, shall pay three fourths of a cent per pound.

The question was put upon Mr. Cox's amendment; and twelve voted in the affirmative.

The CHAIRMAN. Unless a further count is demanded the amendment is rejected and the question recurs on the amendment of the gentleman from Ohio, [Mr. BINGHAM.] Mr. BEATTY. I call for further count. The CHAIRMAN. The gentleman is too late.

Mr. BEATTY. I am not too late. I rose before you made your decision.

The CHAIRMAN. The question recurs I offer the following upon the amendment of the gentleman from

In lines sixteen and seventeen, section two, strike out the words "excepting cotton-machinery;" so it will read:

On all iron and manufacteres of iron of which iron is the component part of chief value.

Ohio.

Mr. COX. I claim my rights here before that amendment is passed upon to still further perfect the amendment. That is in order, and I do not think we can be crowded down here.

The CHAIRMAN. The Chair has no disposition to trample gentlemen down. He inquired if any further count was demanded and no answer was made.

Mr. BEATTY. I rose twice and addressed the Chair for the purpose of asking a division and was refused recognition. Now I insist upon my rights here, and I intend to bave them.

Mr. COX. Before the vote is taken upon the amendment of the gentleman from Ohio [Mr. BINGHAM] I move to insert at the end of fine seventeen, "provided that on screen-wire the duty shall be reduced to twenty five per cent. ad valorem."

The question was put on the amendment; and there were-ayes 44, noes 86.

Mr. COX called for tellers.

Tellers were not ordered, only nine rising in favor thereof.

So the amendment was rejected.

The question recurred on Mr. BINGHAM'S amendment; and being put, there were-ayes 35, noes 87.

So the amendment was rejected.

Mr. KELLOGG.

amendment:

I offer the following

Amend by adding to the end of seventeenth line the words:

And wrought scrap iron of every description shall pay the same duty per ton only as pig iron; Provided, That nothing shall be deemed scrap iron except waste or refuse iron that has been in actual use and is fit only to be remanufactured.

That is a reduction of $1 70 per ton.
Mr. DICKEY. It is a mere fraud upon the

revenue.

Mr. CONGER. I rise to a point of order, and I wish to state it. It is that the Committee of the Whole, upon motion, refused to strike out these paragraphs, so that it decided that they should stand as they are.

The gen

tleman moves now to amend, and I rise to the point of order that that cannot be done after the House has refused to strike out the paragraph.

Mr. KELLOGG. That is no point of order at all.

The CHAIRMAN. The Chair overrules the point of order. It has been repeatedly so ruled.

Mr. FARNSWORTH. There is a special rule providing for such amendments.

The question was put on Mr. KELLOGG'S amendment; and there were-ayes 54, noes 42; no quorum voting.

Mr. KILLINGER called for tellers. Tellers were ordered; and Mr. KELLOGG and Mr. RANDALL were appointed. The committee divided; and the tellers reported-ayes 70, noes 75.

So the amendment was disagreed to.

Mr. COX. I offer the following amendment, to come in at the end of line seventeen: Provided, That on iron in coils three sixteenths of an inch or less in diameter, whether coated with metal or not, the duty shall be one and three quarters cent per pound.

That, of course, is telegraph wire.

Mr. DAWES. The amendment is for the benefit of the great telegraphic corporations. Mr. COX. It is in favor of cheap telegraphs.

Mr. L. MYERS. It is in the interest of telegraph corporations.

Mr. COX. They do not ask anything; only that you will not steal so much from them.

The question was taken upon the amendment; and it was disagreed to.

Mr. FARNSWORTH. I move to amend by inserting, after the word "value," in line sixteen, the words "not otherwise provided;" so that it will read, "on all iron, and on all manufactures of iron of which iron is the component part of chief value, not otherwise provided."

Mr. DAWES. That is entirely unnecessary and impracticable.

Mr. FARNSWORTH. Why?

Mr. DAWES. If we add

Mr. BINGHAM. Is debate in order here? The CHAIRMAN. It is not.

The question was taken upon the amend ment; and there were-ayes eleven, noes not counted.

So the amendment was disagreed to.

Mr. DAWES. I move to strike out lines eighteen, nineteen, and twenty, which are as follows:

On all metals not herein otherwise provided for, and on all manufactures of metals of which either of them is the component part of chief value.

This clause involves only some little mat ters, amounting to about six thousand dollars in all.

The question was put; and there were-ayes 78, noes 51.

Mr. STEVENSON. I call for tellers. I do not think the House understands that it is striking out all metals but iron.

Mr. DAWES. I will explain it if gentlemen will permit me.

Mr. COX. You would not allow debate from other gentlemen, and I object.

if the committee will permit me. Mr. DAWES. I will state just what it is

Mr. BEATTY. I object to debate. Mr. STEVENSON. I hope the gentleman will be allowed to state what the amendment is. Mr. BEATTY. I object.

Mr. FINKELNBURG. I ask that the amendment be again read; I do not think it was understood.

The amendment was again read.

Mr. STEVENSON. I desire to make a parliamentary inquiry.

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The CHAIRMAN. The Chair will hear the gentleman.

Mr. STEVENSON. Will the effect of this amendment, if adopted, be to keep up the present rate of duty on all metals except iron?

The CHAIRMAN. The gentleman is aware that the Chair cannot answer such a question as that.

Mr. STEVENSON. I thought that the Chair knew.

The CHAIRMAN. The Chair may have an opinion, but it is not a parliamentary one. tellers, and tellers were ordered; and Mr. The question was taken upon ordering DAWES and Mr. STEVENSON were appointed.

Mr. KING. Before the vote is taken by tellers, I ask unanimous consent that the chairman of the Committee of Ways and Means [Mr. DAWES] be allowed twenty minutes to explain his amendment.

Mr. BEATTY. I object to debate. The committee again divided; and the tellers reported that there were-ayes 51, noes 76. So the amendment was not agreed to.

Mr. BEATTY. I move that the committtee now rise for the purpose of extending the time for debating this section for half an hour. The gentleman from Massachusetts [Mr. DAWES] wanted to say something about metals, and I want to say something on wool.

The motion was not agreed to, upon a division-ayes 14, noes 119.

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Mr. BEATTY. I move to amend by inserting after line fourteen the following:

Provided, That on all wools of the first class, defined by law and known as clothing wools, there shall be levied, collected, and paid ninety-seven per cent. of the duty now imposed by law.

The amendment was not agreed to; upon & division-ay 1, noes 125.

Mr. BROOKS. I move to amend this bill so as to make it what the bill was as reported from the Committee of Ways and Means, and what Mr. Schenck reported last year. I move

to insert after line fourteen the following: Provided, That on all merinos, poplins, and delaines compound wholly of worsted or wool, imported in the gray or uncolored condition, the duty shall be ten per cent. less than the above rates.

If I cannot be allowed to say anything, I hope gentlemen will look at the piece of goods I hold in my hand [holding up the piece] and see what it is.

The question was taken upon the amend ment moved by Mr. BROOKS; and upon a division, there were-ayes 49, noes 80.

Before the result of the vote was announced, Mr. BROOKS called for tellers.

Tellers were not ordered, there being seventeen in the affirmative; not one fifth of a quorum.

So the amendment was not agreed to. Mr. DAWES. I move to insert after line on all lumber and manufactures of twenty lumber."

Mr. BROOKS. Does the order of the House forbid all debate on lumber?

The CHAIRMAN. By the order of the House all debate is closed on the pending section.

Mr. BROOKS. The object of the gentleman from Massachusetts [Mr. DAWES] is very obvious, to move ail these amendments and have no debate upon them.

Mr. DICKEY. I object to debate.

Mr. FARNSWORTH. I move that the committee rise. The course of the gentleman from Massachusetts [Mr. DAWES] is a plain perversion of the order of the House.

The question being taken on the motion of Mr. FARNSWORTH, there were-ayes 24, noes 70; no quorum voting. Is a further count

The CHAIRMAN. insisted upon?

Mr. FARNSWORTH. Mr. FINKELNBURG. parliamentary question.

Yes, sir.

I desire to ask a

The CHAIRMAN. The House is now dividing on the motion that the committee rise.

Mr. FINKELNBURG. But in order that we may vote intelligently, I desire to make an inquiry.

Mr. BEATY. I object to debate.

Mr. FINKELNBURG. Iwill give the Chair the assurance that I shall not say anything on the merits of the proposition at all. I only want to know whether, by such motions as these, debate is not practically stopped on the whole bill by moving the balance of the bill as an amendment to this section?

Mr. BROOKS. That is the object. Mr. FINKELNBURG. In that way debate is virtually shut off on the whole bill.

Mr. DAWES. Nothing is further from my intention than that.

Mr. FARNSWORTH. I do not know what the fact is, but that is the effect.

Mr. BEATTY and others objected to debate. No quorum having voted on the motion that the committee rise, tellers were ordered; and Mr. FARNSWORTH and Mr. SAWYER were appointed.

The committee divided; and the tellers reported-ayes 40, noes 83.

So the motion that the committee rise was not agreed to.

The question then recurred on the amend ment of Mr. DAWES, to add to the section the words "on all lumber and manufactures of lumber."

1872.

THE CONGRESSIONAL GLOBE.

Mr. COX. I propose to amend that.
I rise to
Mr. BROOKS.
a question of
order. The order of the House was that de-
bate should close on that portion of the bill
down to the end of the twenty-fifth line on the
third page.
Under that order it was the in-
tention of the House that debate should be
continued upon subjects embraced in other
parts of the bill. Now, on the fourth page of
the bill-

Mr. PETERS. I object to debate.
This is not debate. I am
Mr. BROOKS.

stating my point of order.

Mr. PETERS. The gentleman is making an argument, and I object to debate.

Mr. BROOKS.

I must state my point of order, that it may be decided upon; I have a right to do so.

The CHAIRMAN. The Chair will hear the gentleman from New York on the question of order.

Mr. BROOKS. The gentleman from Maine [Mr. PETERS] need not be so sensitive in regard to pine and spruce. [Laughter.] On the fourth page of the bill, in lines forty-three to forty-five, I find the following provision:

On boards, planks, staves, laths, scantling, spars, hewn and sawed timber, and timber used in building wharves, ten per cent. ad valorem.

Now, my point of order is that the House, by omitting that item from those upon which there was to be no debate, intended, until further order, that debate should run on upon the subject of lumber; and consequently it is not in order for the gentleman from Massachusetts to move that proposition here.

Mr. DICKEY. The gentleman from New York [Mr. BROOKS] can debate the paragraph he has just read when we reach it.

The CHAIRMAN. The Chair overrules the point of order. Although the same subjectmatter may be in another portion of the bill, it may still be inserted here

Mr. FARNSWORTH. I rise to another point of order. I rose before to make the point. It is that the amendment of the gentleman from Massachusetts is not germane to the paragraph. Lumber is in another section of the bill.

The CHAIRMAN. The Chair will sustain the point of order made by the gentleman from Illinois. The amendment would have to be offered at the end of the section.

Mr. DAWES. That is where I propose it shall come in.

The CHAIRMAN. The Chair was informed differently by the Clerk.

Mr. FARNSWORTH. I ask the Chair to hear me. I understand the rule to be that in Committee of the Whole, where a particular subject is embraced in another section than the one pending, it is not in order to move that subject to the pending section; that it is not germane till the subject is reached. This has been the ruling upon all appropriation bills.

The CHAIRMAN. The Chair is obliged to overrule the point of order, because the principle stated by the gentleman from Illinois would make the Chair the judge of incongruities.

Mr. KERR. I should like to make an inquiry of the Chair. Is it in order to offer the part of this bill in reference to the internal revenue law as an amendment at this place?

The CHAIRMAN. The Chair will rule on that when it is offered.

Mr. KERR. That is all in this bill, and would it be in order to offer it as an amendment at this place?

The CHAIRMAN.

If offered, the Chair

will rule on it. The amendment of the gen. tleman from Massachusetts, [Mr. DAWES,] and the amendment to the amendment of the gentleman from New York, [Mr. Cox,] will be read by the Clerk.

Mr. DAWES. My amendment is to come in at the end of the twenty-fifth line, which is the end of the second section.

Mr. COX. Aud my amendment to the

amendment is to come in at the end of the
amendment itself.

Mr. FARNSWORTH. Has the second sec-
tion been passed?

The CHAIRMAN. It has not.

Mr. BURCHARD. I rise to a point of
order. Lumber is now in the third section,
page 4, of this bill. The Chair ruled on me
in the first section that I could not offer an
amendment in regard to steel because steel
was in the second section. Now lumber is in
the third section, and is it in order to move an
amendment including it in the second section?
The CHAIRMAN. That point of order was
made by the gentleman from New York a few
moments ago, and overruled. The Clerk will
now read the pending amendment and amend-
ment to the amendment.

The Clerk read as follows:
Amendment of Mr. DAWES :

Add at the end of the twenty-fifth line,
lumber and manufactures of lumber."

46

on all

Mr. Cox's amendment to the amendment:
Add to the amendment, "Provided, The existing
duty thereon be reduced at the rate of fifteen per
cent, ad valorem."

Mr. FARNSWORTH. Is it in order to put
in as an amendment the provisions in reference
to distilled spirits?

The CHAIRMAN. There is no such amendmeut before the committee.

Mr. BROOKS. If this is in order there will be many such amendments.

The question recurred on the amendment of Mr. Cox to the amendment.

The committee divided; and there wereayes 43, noes 60; no quorum voting.

The CHAIRMAN appointed Mr. DICKEY and Mr. Cox as tellers.

The committee again divided; and the tellers reported-ayes 63, noes 72.

So the amendment to the amendment was rejected.

Mr. BECK. I move the following as an amendment to the amendment.

The Clerk read as follows:

Agates, unmanufactured;
Almond shells;

Aluminum;

Amber beads;

Bath brick and Bristol stones;

Birds, stuffed;

Bulbs and bulbous roots;

Chalk-white, French, and all other;
Chemicals, drugs, dyes, and medicines:
Angelica root;

Ginger root;

Annotto extract;

Arseniate of aniline;
Aquafortis;

Assafetida;

Acid:

Boracic, (crude;)
Chromic:
Sulphuric;

Saint John's beans;
Bezoar stones;
Black salts;
Black tares;
Brazil paste;
Burgundy pitch:
Balsam:
Copaiva;
Fir:
Peruvian;
Tolu;

Borax, (crude ;)
Borate of lime;

Cinnabar, (native ore of mercury ;)
Calomel:

Cobalt, (ore;)

Charcoal;

Copper, acetate of;

Cow or kine pox, or vaccine virus ;

Curry and curry powders;

Cinchona root;

Colcothar, dry, or oxide of iron;
Coltsfoot, (erude drug ;)

Contrayerva root;

Cowage down;

Cyanite, or kyanite;

Dried bugs;

Elecampane root;

Flowers, leaves, plants, roots, and seeds, (medi-
cinal,) in a crude state, not otherwise provided

for:

Galanga, or galangal;

Gentian root;

Guinea grains, or grains of paradise;
Hellebore root;

Carmine, (crude;)

Iron, liquor of;
Matico leaf;

[blocks in formation]

Mr. BECK. I have moved this amendment in order to have the question tested whether such amendments are legitimate.

Mr. CONGER. This is taking articles from the free list and taxing them.

Mr. DAWES. Unquestionably the gentleman has the right to take them out of the free list if he so desires.

Mr. BECK. I do not think it is in order;

but I move the amendment to test the question.

Mr. DAWES. It is in order to move the free list be reduced ten per cent. from what it now is

Mr. BEATTY. I object to debate.

Mr. KERR. My point of order is that it is not in order to move the free list as an amendment to this section.

Mr. BECK. So I think.

The CHAIRMAN. The Chair overrules the point of order. The Chair understands anything germane to the purposes of the bill or to the purposes of the tariff portion of it would be in order, for when we come to the free list the committee may decide to strike out all of the items now in the bill, when it would be impossible to go back to the second section.

Mr. FARNSWORTH. I desire to ask a question. Is it not perfectly manifest to every fair-minded man that when debate was closed upon this paragraph it was not intended to include lumber or any of the articles placed on the free list? And if not, how can it be in order to put on this gag?

The CHAIRMAN. The gentleman from Kentucky [Mr. BECK] moves an amendment to perfect the original text. The Chair knows no limit to that, except that it must be germane. The fact that the item mentioned in the amendment may be in the free list, does not prevent its being in order here. Lumber, if not placed here, might be put on the free list.

Mr. BECK. The object I had in making the motion was to obtain the decision of the Chair, as now given, in order to appeal from it, believing, as I do, that the House never intended to stop debate on such articles as were not embraced in the twenty-five lines on

which debate was limited. I therefore appeal

from the decision of the Chair.

The CHAIRMAN. The Chair will state in reply to what has been said by the gentleman from Kentucky [Mr. BECK] that the decision of the Chair does not stop debate on those articles, because they can be debated when the committee comes to considsr another section where they are. But when they are proposed as an amendment to this section they cannot be debated. The Chair will state further that his decision is in accordance with rulings found on the Journals of the House.

ment.

Mr. BECK. Then I withdraw the amendI offered it merely as a test. Mr. DAWES. Mr. Chairman, a good deal has been said very freely

Mr. BEATTY. I object to debate. Mr. DAWES. I did not intend to debate. The CHAIRMAN. The gentleman from Massachusetts [Mr. DAWES] will state for what purpose he rose.

Mr. DAWES. I rose for a personal explanation.

Mr. BROOKS. I object.

The CHAIRMAN. Objection being made a personal explanation is not in order. The question is on the amendment offered by the gentleman from Massachusetts, [Mr. DAWES,] which the Clerk will again report. The Clerk read as follows:

After line twenty-five. add the following: On all lumber and manufactures of lumber. Mr. BROOKS. I move to amend the amendment of the gentleman from Massachusetts by adding the words "on pickets and palings and laths."

The question being taken on the amend ment of Mr. BROOKS, there were-ayes 47, noes 36; no quorum voting.

The CHAIRMAN, under the rule, ordered tellers; and appointed Mr. BROOKS and Mr. CONGER.

Mr. BROOKS. I desire also to add "hubs for wheels."

Mr. LYNCH. I rise to a point of order. The House was dividing on the amendment of

the gentleman from New York, [Mr. BROOKS,] and it is not in order for him at this stage to offer another amendment.

The CHAIRMAN. The tellers will take their places.

The committee again divided; and the tellers reported—ayes sixty-eight.

Mr. CONGER. I withdraw the demand for further count.

Mr. BEATTY. I insist on further count. The CHAIRMAN. The tellers will complete the count.

The division was completed, and the tellers reported-ayes 78, noes 44.

So the amendment was agreed to.

Mr. DUKE. I offer the following amendment to the amendment of the gentleman from Massachusetts, [Mr. DawES:]

Strike out all after the word "on" and insert the following: all incomes over $3.000, there shall be assessed and collected five per cent. per annum."

Mr. DAWES. I raise the point or order that that is not germane.

The CHAIRMAN. The Chair sustains the point of order.

Mr. DUKE. Internal tax forms a part of the bill as much as tariff.

The CHAIRMAN. The Chair sustains the point of order. The question is on the amend ment of the gentleman from Massachusetts, as amended.

Mr. FARNSWORTH. I should like to hear it read as it now stands.

The Clerk read as follows:

Add after the twenty-fifth line the following: On all lumber and manufactures of lumber; on pickets and palings and laths.

Mr. FARNSWORTH. I desire to add the words "there shall be no duties levied." Mr. DAWES. I raise the point of order on that.

point of order. The gentleman from Illinois Mr. FARNSWORTH] will have an opportunity of moving that amendment when the free list is reached.

The CHAIRMAN. The Chair sustains the

Mr. COX. I offer the following amendment to the amendment of the gentleman from Massachusetts, "provided that all timber used in ship-building shall be exempt from duty.” Mr. PETERS. That is already on the free list.

Mr. COX. Well, why cannot it go in here? Mr. DAWES. It is the law of the land

now.

Mr. COX. Never mind that.

Mr. FARNSWORTH. Let us put it in again.

Mr. COX. I want it in again. The gentlemen from Maine will all sustain my amend

ment.

Mr. DAWES. Well, no one objects to it. Mr. COX. I want to carry something here if I can. [Laughter.]

The question was put on the amendment of Mr. Cox, and it was agreed to.

MESSAGE FROM THE SENATE.

The committee rose informally; and the Speaker having resumed the chair, a message from the Senate, by Mr. SYMPSON, one of its clerks, announced that the Senate had agreed to the amendment of the House of Representatives to the bill (S. No. 845) to authorize the construction of certain bridges across the Mississippi river, and to establish the same as post roads.

TARIFF.

The Committee of the Whole then resumed its session.

Mr. KERR. I move to amend the section offered by the gentleman from Massachusetts, by adding thereto the following:

On all copper imported in the form of ores, two cents on each pound of fine copper contained therein; on all regulus of copper, and on all block or coarse copper, two and a half cents on each pound of fine copper contained therein; on all old copper, fit only for remanufacture, two and one half cents per pound; on all copper in plates, bars, ingots, pigs, and in

other forms not manufactured or herein enumer. ated, including sulphate of copper or blue vitriol, two and one half cents per pound; on copper in rolled plates, called braziers' copper, sheets, rods, pipes, and copper bottoms, and all manufactures of copper, or of which copper shall be a component of chief value, not otherwise herein provided for, thirty per cent. ad valorem.

Mr. DAWES. I raise the point of order that this is not germane to this amendment of mine. Let us dispose of that first.

Mr. KERR. My amendment proposes a reduction of about thirty per cent.

Mr. DAWES. But it is not germane to a lumber amendment.

The CHAIRMAN. The Chair sustains the point of order.

Mr. KERR. Is this not germane to the pending section which relates to the subject of metals generally.

The CHAIRMAN. The amendment now pending is one relating to lumber, and this amendment is not germane to that amendment, although it might be in order as an independent proposition.

Mr. FARNSWORTH. I move to amend the amendment of the gentleman.from Massachusetts by adding, after the word "shipbuilding," the words "and fencing;" so that it shall read:

On all lumber and manufactures of lumber; on pickets, palings, and laths: Provided, That all timber used in ship-building and fencing shall be exempt from duty.

Mr. CONGER. I rise to a point of order. Timber is not used to make fence. It is some manufacture of timber that is used.

Mr. FARNSWORTH. We use timber. The question was taken on the amendment; and there were-ayes 64, noes 57.

Mr. FARNSWORTH called for tellers. Tellers were ordered; and Mr. CONGER and Mr. FARNSWORTH were appointed.

The committee divided; and the tellers reported-ayes 68, noes 55.

So the amendment was agreed to.

Mr. COX. I move further to amend by adding after the word "fencing" the words "all houses, barns, and stabling."

The question was put upon the amendment, and no quorum voted.

Tellers were ordered; and Mr. Cox and Mr. PETERS were appointed.

The committee divided; and the tellers reported-ayes 59, noes 54; no quorum voting.

The CHAIRMAN directed the roll to be called and the names of the absentees noted, when the following members failed to answer to their names :

Messrs. Adams, Ames, Barnum, Biggs, Bright, Burdett, Benjamin F. Butler. Roderick R. Butler, Caldwell, Clarke, Coghlan, Comingo, Creely, De Large, Ely. Farwell, Forker, Charles Foster, Garfield, Garrett. Giddings, Goodrich, Haldeman, Halsey, Havens, Hawley, Hays, Herndon, Hoar, Hooper. Ketcham, Kinsella, Lansing. Marshall, Maynard, McHenry. Mitchell. Moore, Morphis, Orr, Platt, Poland, Porter, Potter, Prindle, Rainey, Shellabarger, Slocum, Snyder, Thomas J. Speer, Sprague, Stowell, Sutherland, Thomas, Dwight Townsend, Tuthill. Walden, Wells, Jeremiah M. Wilson, and Wood.

During the roll call,

Mr. BANKS said: My colleague, Mr. HOOPER, is absent from the House on account of sickness.

Mr. COTTON said: My colleague, Mr. WALDEN, is absent from the House on account of sickness.

The roll-call having been concluded, the committee rose, and the Speaker having resumed the chair, Mr. WHEELER reported that the Committee of the Whole on the state of the Union had, according to order, had under consideration the bill to reduce duties on imports, and to reduce internal taxes, and for other purposes, and finding itself without a quorum had caused the roll to be called and hereby reported the names of the absentees to the House.

The SPEAKER. The roll shows the presence of one hundred and seventy-six members,

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