The Congressional Globe: Containing the Debates and Proceedings of the Second Session Forty-Second Congress; With an Appendix, Embracing the Laws Passed at that Session Page: 3,614
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3614
THE CONGRESSIONAL GLOBE.
May 18,
nlag on page 6, was out of order because it was
general legislation. I now move to reinsert
*11 uC that section, and after the word "re-
peal," in the eleventh line, to add the words
"for one year;" so that it will not be general
legislation, but, under the ruling of the Chair
in the cass of the amendment of the Senator
from New Jersey to the other bill, & will apply
only to the next fiscal year.
The VICE PRESIDENT. The Senator from
Kentucky moves to amend by inserting the
printed words which appear on the gixth page,
adding for one yearso that a certain sec-
tion of theactof March, 1871, shall be repealed
for one year. The Chair does not, of coarse,
understand the parliamentary effect of repeal-
ing a section for one year; bat the Senator
makeg that motion.
Mr. STEW ART. The same point of order
exists. Repealing that section, as is reported
by the Committee on Appropriations, does not
increase or diminish the appropriation. It was
simply a declaratory act. It does not increase
or diminish the appropriation, and conse-
quently has no relation to it. It does not
change the law as to the amount of money
that shall be paid by the Government of the
United States. It is independent legislation,
and yon might as well repeal any other clause
in the Pacific railroad act, or,repeal any law
governing any common carriers that the Gov-
ernment of the United States may employ
under this act in the transportation of mili-
tary stores.
Mr. STEVENSON. Let us look and see
now what the section is that is proposed to be
repealed:
"That, in accordant with the fifth section of the
act approved July 2,1861, entitled • An net to amend
an act entitled "An act to aid in the construction of
ii railroad nnd, teleprraph lino from the Missouri
river to the Pacific ocean, an.l to secure to the Gov-
ernment the use of the same for postal, military,
and other purposes," approved July 1, 1862,' the
ooerotnry of the Treasury ta hereby directed to pay
over m money to tho Pacific Kailroad Companies
mentioned in paid act, and porfoi-rainsr services for
the United States, one half of the compensation at
the rate provided by law for such sei vices, hereto-
fore or hereafter rendered: Provided, That thh
section shall not. be construed to affect the legal
rights ot the Government or tho obligations of the
Companies, except as herein specifically provided.
Nirw, I propose only to stop the Secretary
of tho Treasury from paying that over for this
year, I have no feeling against these compa-
nies, nor do I take any interest in this question
except thai the Ppciftc Railroad Companies
shall have their rights, but while they have
their rights I insist upon it that justice shall
be done to the United States.
Mr, STEWART. Let me call attention to
that. You say you want to stop it for one
year
Mr. STEVENSON. Let me get through
with what I am stating ; it will occupy but a
moment, and then I will yield.
The Senator from Nevada has already stated
that the United States yielded its first mort-
gage lien to the amount of $64,000,000 to
these companies,. That certainly was liberal.
They have gone on and allowed one half this
money to be paid yearly to these companies.
It is admitted by the Senator from Nevada, it
cannot be contradicted by any Senator on this
floor, that, there has been a difference as to
what the true construction of these acts are
touching the rights of the United States and
the rights of the Pacitie Railroad Companies.
All that I desire is that those acts should re-
ceive a judicial construction, and as judicially
settled, that the parties on the one side, the
United States, and on the other the Pacific
Kail road Companies, should have their right.
The Senator from Ohio has well said to"the
Senate, and especially to the friends of those
companies, that they had better pause. The
United States desires nothing but what is its
right; but having shown its friendship to these
cnmpan'es in giving up its lien for $64,000,000,
when now it simply asks that the interest upon
these bonds shall be paid by the companies, as
the Attorney General and the Secretary of the
Treasury think we can require, these compa-
nies are unwilling to have a judicial settlement
of the question, but insist that the interest
shall be paid by the United States. I say that
it is wrong in legislation for the Legislature to
step in and do that which the judiciary under
the Constitution are alone authorized to do,
and that is to construe legislative acts and to
settle the rights of parties under them.
I have no opinion about the merits of this
question; I have not expressed any. My
friend from Missouri [Mr. Blair] thinks that
the right of these companies is a right to with-
hold this interest. The Attorney General and
the Secretary of the Treasury think differently.
It will be better for the railroad companies to
let a suit be brought by the Secretary of the
Treasury, under which the relative rights, both
of the Government and the Pacific Railroad
Companies shall be settled, and I am sure
there is not a man in the Senate, or the coun-
try, whether the bargain be a good or a bad
one, who will not stand by that judicial adju-
dication of the terms of the contract.
Mr. STEWART. I do not believe the bond-
holders would be anxious
Mr. WEST. I must call the Senator to
order.
The VICE PRESIDENT. The Senator
from Nevada has already spoken once.
Mr. STEWART. I object to the amend-
ment on the point of order.
The VICE PRESIDENT. The Senator
will state his point of order.
Mr. STEWART. The point of order is that
this is general legislation.
Mr. WEST. The Chair has already decided
in the Senator's favor on that point.
The VICE PRESIDENT. The Chair will
state to the Senator from Kentucky that this
rule certainly had an object. It, was adopted
on the 29th of April, and the object was to
assist the Committee on Appropriations in
getting the appropriation bills through without
tacking to them and debating questions which
should stand on independent bills, and it uses
the word "directly." It does not say that
amendments may be in order that relate to
appropriations, but that none shall be in order
except "such as directly relate to the appro-
priations contained in the bill." The Chair
thinks the previous amendments offered by
the Senator from California and the Senator
from Kentucky, declaring that none of this
money should be paid to any railroad com-
pany, or paid to any teamsters, or paid for any
ordnance supplies or anything of that kind
embraced in this paragraph, were in order;
but the Chair does not think that this amend-
ment to repeal directly or indirectly a provis-
ion on the statute book not named in this bill
is in order under this restrictive rule under
the words "directly relate." The rule is
cmphatic that an amendment must not only
relate, but directly relate to the appropriations
in the bill. The amendment is not in order.
Mr. HITCHCOCK. I offer the following
amendment:
To enable the Secretary of War to enlarge the
military depot at Omaha, Nebraska, to meet the
necessities of tho public service, the sum of $50 000
is hereby appropriated, to be expended under 'tha
direction of the Secretary of War.
Mr. WEST. I raise the question of order
on that amendment. It ha$ not been submit-
ted to the Committee on Appropriations under
our rules.
Mr. HITCHCOCK. I appeal to the Sen-
ator to withdraw the point of order and allow
the letter of the Secretary of War to be read.
Mr. WEST. I must insist that' if lie Sec-
retary of War had any such recommendation
to make, this bill has been in our hands three
weeks and he has had ample opportunity. He
cannot expect us to consider a proposition of
this kind at this late hour of the evening,
lhe VICE PRESIDENT. The Chair must
under the thirtieth rule hold that the amend-
1
meat is not in order, not having been submit-
ted one day beforehand to the Committee on
Appropriations.
_ Mr. WRIGHT. I desire to call the atten-
tion of the chairman of the committee, or of
the Senator from Louisiana, who has the bill
in charge, to one part of this bill. I do not
know but that is all right, but I should like to
ask a question and have an explanation. On
line one hundred and ninety-nine I find " for
constructing and testing Moffat's breech-
loading field-piece, $8,000." Why is $8,000
appropriated fortestingMoffat's breech-loading
field-pieces more than field-pieces generally ?
In order to get the question before the Senate,
I move to strike out " Moffat's," and have it
read *' for constructing and testing breech-
loading field-pieces.'' There may be some
good reason that Moffat's should be particu-
larly preferred; and if so, if any reason is
given, and I appreciate it, I shall withdraw
the amendment.
Mr. WEST. Will not the gentleman move
to substitute the article "a," so as to read " a
breech-loading field-piece 1"
Mr. WRIGHT. No. " For constructing and
testing breech-loading field-pieces, $8,000," is
well enough.
Mr. WEST. I doubt whether $8,000 would
test them. If he will increase the appropria-
tion I shall have no objection.
Mr. CAMERON. Eight thousand dollars
is enough.
Mr. WEST. This is the only breech-load-
ing field-piece, as I understand, that has been
submitted to the ordnance department for
their examination. I have no objection to
striking out the man's name, or I have no
objection to making the conjunctive word
"field-piece" read ''field-pieces;" but if you
do that, you should increase the amount.
The VICE PRESIDENT. Does the Sen-
ator from Iowa accept the suggestion'
Mr. WRIGHT. No, sir.
1 he VICE PRESIDENT. The question js
on the amendment of the Senator from Iowa.
The amendment was agreed to.
The bill was reported to the Senate as
amended.
The VICE PRESIDENT. The Senator
from Missouri, the Chair thinks, wished to
reserve the last section.
Mr. BLAIK. Yes, sir.
The VICE PRESIDENT. That will be
reserved. The Senator from Illinois also
desires to except the amendment on the ninth
and tenth pages. If there is no objection the
other amendments made as in Committee of
the Whole will be regarded as concurred in.
I he Chair hears no objection. The question
now is on concurring in the amendment made
as m Committee of the Whole, on pages 9 and
10, which the Secretary will report, and the
Senator from Illinois desires to amend the
amendment.
_ The Chief Clerk. After the word '' war,''
in line two hundred and fifteen, page 10, the'
Senator from Illinois [Mr. Logan] moves to
msert ''two general officers and three officers
of the line, one to be taken from the cav-
alry one from the infantry, and one from the
artillery; so as to make the amendment made
as m Committee of the Whole read:
Provided, That no part of this appropriation shall
be expended until a breech-loading system for mus-
kets and carbines shall have been adopted for the
military service upon the recommendation of the
board to be appointed in connection with the pres
em.competitive trials of breech-baling armsTn
the field, which board shall consist of not less t han
five officers to be selected by the Secretary of War
two general officers and three officers of the line'
one to be taken trora the cavalry, one from the
miarttry, and one from the artillery.
Mr. WEST. That is merely a provision reg-
ulating the personnel of this board. There
can be no objection to it.
The amendment to the amendment was
agreed to.
Mr. LOGAN. I desire to offer another
amendment, to come in after the word "ser-
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United States. Congress. The Congressional Globe: Containing the Debates and Proceedings of the Second Session Forty-Second Congress; With an Appendix, Embracing the Laws Passed at that Session, book, 1872; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc30899/m1/34/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.