On motion of Mr. FERRY, of
Connecticut, it was
Ordered. That the Committee on Claims be discharged from the further consideration of the petition and other papers of John B. Emerson, and that the same be referred to the Committee on Patents.
On motion of Mr. HAMILTON, of Texas, it was
Ordered. That the petition and papers of Caleb H. Blood be withdrawn from the files of the Senate and referred to the Committee on Claims.
On motion of Mr. KELLOGG, it was
Ordered. That the petition and papers of George E. Payne be withdrawn from the files of the Senate and referred to the Committee on Claims.
PRINTING OF A DOCUMENT.
On motion of Mr. LOGAN, it
Ordered. That the letter of the Secretary of the Interior, communicating, in compliance with a resolution of the Senate of the 10th instant, a report of the Commissioner of the General Land Office concerning the line of railway from the mouth of the Ohio river to the city of Mobile, be referred to the Committee on Public Lands.
REPORTS OF COMMITTEES.
Mr. CAMERON, from the Committee
on Foreign Relations, to whom was referred the bill (H. R. No. 1055) to
regulate the salary of the consul at Tien-Tsin, reported it without amendment.
He also, from the same committee, to whom was referred the bill (H. R. No. 1056) authorizing the survey and marking of the boundary between the territory of the United States and the possessions of Great Britain, from the Lake of the Woods to the summit of the Rocky mountains, reported it without amendment.
Mr. TRUMBULL. I am directed by the Committee on the Judiciary, to whom was referred the bill (H. R. No. 243) for the apportionment of Representatives to Congress among the several States according to the ninth census, to report it back to the Senate with sundry amendments; and in connection with this report, there are some tables which I am instructed to present by the committee, and ask that they be printed in connection with the bill. I hope that we may be able to proceed at a very early day to the consideration of this bill.
Mr. POMEROY. Make it a special order.
Mr. TRUMBULL. The Legislatures of many of the States are now in session, and it is important that it should be determined how many Representatives are to be apportioned to the respective States, that they may take the necessary legislative action. I understand that in several States of the Union the Legislatures are now holding over with a view of ascertaining what the action of Congress will be on this subject. These tables, I presume, will be printed by to-morrow, and I hope it will meet the views of the Senate to take this bill up immediately after the tables are presented to the Senate, so that it will understand the principle upon which the committee have recommended the amendments which are proposed. It may be necessary, when we have those tables before us, to make a statement in regard to them.
Mr. MORTON. Had you not better fix a day for the consideration of the bill?
Mr. EDMUNDS. Just give notice of your intention to take it up. That will be sufficient.
Mr. TRUMBULL. I shall move to take it up at the earliest moment that the Senate will consent to hear it, which I hope will be at an early day.
The VICE PRESIDENT. The bill will be printed, with the accompanying papers, tables, &c., and placed on the Calendar.
Mr. TRUMBULL. In connection with this same subject there was a Senate bill before the committee, a bill (S. no. 63) for the apportionment of Representatives to Congress among the several States according to the ninth census, which I now report back, and move that it be indefinitely postponed.
The motion was agreed to.
Mr. POMEROY. The Committee on Public Lands, to whom was referred the bill (S. No. 392) to set apart a tract of land lying near the headwaters of the Yellowstone as a public park, have directed me to report it back without amendment, to recommend its passage, and to ask that it have the present consideration of the Senate.
The VICE PRESIDENT. The Senator from Kansas asks unanimous consent of the Senate for the present consideration of the bill reported by him. It will be reported in full, subject to objection.
The Chief clerk read the bill.
The Committee on Public Lands reported the bill with an amendment in line nineteen to strike out the words "after the passage of this act," and in line twenty, after the word "upon," to insert the words "or occupying a part of;" so as to make the clause read, "and all persons who shall locate or settle upon or occupy any part of the same, or any part thereof, except as hereinafter provided, shall be considered as trespassers and removed therefrom.
The VICE PRESIDENT. Is there objection to the present consideration of this bill?
Mr. CAMERON. I should like to know from somebody having charge of the bill, in the first place, how many miles square to be set apart, or how many acres, for this purpose, and what is the necessity for the park belonging to the United States.
Mr. POMEROY. This bill originated as the result of the exploration, made by Professor Hayden, under an appropriation of Congress of last year. With a party he explored the headwaters of the Yellowstone and found it to be a great natural curiosity, great geysers, as they are termed, water-spouts, and hot springs, and having platted the ground himself, and having given me the dimensions of it, the bill was drawn up, and it was thought best to consecrate and set apart this great place of national resort, as it may be in the future, for the purposes of public enjoyment.
Mr. MORTON. How many square miles are there in it?
Mr. POMEROY. It is substantially forty miles square. It is north and south forty-four miles, and east and west forty miles. He was careful to make a survey so as to include all the basin where the Yellowstone has its source.
Mr. CAMERON. That is several times larger than the District of Columbia.
Mr. POMEROY. Yes, sir. There are no arable lands; no agricultural lands there. It is the highest elevation from which our springs descend, and as it cannot interfere with any settlement for legitimate agricultural purposes, it was thought that it ought to be set apart early for this purpose. We found when we set apart the Yosemite valley that there were one or two persons who had made claims there, and there has been a contest, and it has finally gone to the Supreme Court to decide whether persons who settle on unsurveyed lands before the Government takes possession of them by any special act of Congress have rights as against the Government. The court has held that settlers on unsurveyed lands have no rights as against the Government. The Government can make an appropriation of any unsurveyed lands, notwithstanding settlers may be upon them. As this region would only on account of preëmpting a hot spring or some valuable mineral, it was thought such claims had better be excluded from the bill.
There are several Senators whose attention has been called to this matter, and there are photographs of the valley and the curiosities, which Senators can see. The only object of the bill is to take early possession of it by the United States and set it apart, so that it cannot be included in any claim or occupied by any settlers.
Mr. TRUMBULL. Mr. President--
The VICE PRESIDENT. The Chair must state that the Senate have not yet given their consent to the present consideration of the bill. The Senator from Pennsylvania desired some explanation in regard to it. Does he reserve the right to object?
Mr. CAMERON. I make no objection.
Mr. THURMAN. I object
Mr. SHERMAN. I will not object if it is not going to lead to debate.
Mr. TRUMBULL. It can be disposed of in a minute.
Mr. THURMAN. I object to the consideration of this bill in the morning hour. I am willing to take it up when we can attend to it, but not now.
Mr. THURMAN, from the Committee on the Judiciary, to whom was referred a bill (S. No. 468) to regulate the criminal practice of the Federal courts, reported it with amendments.
Mr. SPENCER, from the Committee on Commerce, to whom was referred the bill (S. No. 455) to amend an act entitled "An act to authorize protection to be given to citizens of the United States who may discover deposits of guano," approved August 18, 1856, reported adversely thereon, and moved its indefinite postponement; which was agreed to.
He also, from the same committee, to whom was referred the bill (H. R. No. 166) to amend an act entitled "An act to authorize protection to be given to citizens of the United States who may discover deposits of guano," approved August 18, 1856, reported it without amendment.
Mr. OSBORN, from the Committee on Public Lands, to whom was referred the bill (S. No. 218) to create an additional land district in Florida, reported it without amendment.
He also, from the same committee, to whom was referred the bill (S. No. 429) supplementary to an act entitled "An act to aid in the construction of telegraph lines, and to secure to the Government the use of the same for postal, military, and other purposes," approved July 24, 1866, reported it with amendments.
Mr. OSBORN. The same committee, to whom was referred the bill (S. No. 319) to incorporate the Louisiana, Arkansas, and New Mexico Railroad Company, have instructed me to report it with amendments, and with a recommendation that it pass. The bill is intended to incorporate a railroad company and grant the right of way to construct a railroad in the Indian territory, but no land-grant is asked. The committee only considered the matter of the incorporation of the company and granting the right of way. As it is intended that the road shall enter the Indian territory, it is quite possible some question may arise in connection with the territorial or tribal rights of the Indian tribes. I move, therefore, that the bill, as amended, be referred to the Committee on Indian Affairs for their consideration.
The motion was agreed to.
Mr. SHERMAN. I am directed by the Committee
on Finance, to whom was referred the bill (H. R. No. 1061) to authorize
the payment of duplicate checks of disbursing officers, to report it back
with an amendment. This bill is very strongly pressed upon us by
the Secretary of the Treasury, the Paymaster General, the Treasurer of
the United States, and by the Second Comptroller, Mr. Brodhead, and in
pursuance of their very urgent recommendations the House have passed this
bill. If no Senator objects to it I should like to have it passed
The bill was read.
The amendment of the Committee on Finance was read, being in line six of section one, after the word "checks," to insert the words "and within three years from such date;" so as to read:
That in place of original checks, when lost, stolen, or destroyed, disbursing officers or agents of the United States are hereby authorized, after the expiration of six months from the date of such checks, and within three years from such date to issue dupli- Go to the next page