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Third Session, December 2, 1872-March 3, 1873. | Tennessee.-William G. Brownlow, Henry

Cooper.
Senate.

Indiana–Oliver P. Morton, Daniel D. Pratt.

Illinois Lyman Trumbull, John A. Logan. SCHUYLER COLFAX, of Indiana, Vice President of 10

Missouri Francis P. Blair, jr., Carl Schurz. the United States, and President of the Senate.

Arkansas-Benjamin F. Rice, Powell Clayton. George C. Gorham, of California, Secretary. Michigan-Zachariah Chandler, Thomas W. Maine-Hannibal Hamlin, Lot M. Morrill. Ferry. New Hampshire-James W. Patterson, Aaron Florida - Thomas W. Osborn, Abijah Gilbert. H. Cragin.

Texas-James W. Flanagan, Morgan C. HamVermont-George F. Edmunds, Justin S. Mor- ilton. rill.

Iowa-James Harlan, George G. Wright. Massachusetts-Charles Sumner, Henry Wilson. Wisconsin-Timothy O. Howe, Matthew H. Rhode Island-William Sprague, Henry B./ Carpenter. Anthony.

California-Cornelius Cole, Eugene Casserly. Connecticut-Orris S. Ferry, William A. Buck- Minnesota-Alex. Ramsey, William Windom. ingham.

Oregon-Henry W. Corbett, James K. Kelly. New York-Roscoe Conkling, Reuben E. Fen. Kansas--Samuel C. Pomeroy, Alexander Caldton.

well.* New Jersey-John P. Stockton, Frederick T. West Virginia-Arthur I. Boreman, Henry G. Frelinghuysen.

Davis. Pennsylvania—Simon Cameron, John Scott. Nevada–James W. Nye, William M. Stewart. Delaware-Thomas F. Bayard, Eli Saulsbury. Nebraska-Thomas W. Tipton, Phineas W. Maryland-George Vickers, William T. Ham Hitchcock.

ilton. Virginia,John F. Lewis, John W. Johnston.

House of Representatives. North Carolina-John Pool, Matthew W. Ran

JAMES G. BLAINE, of Maine, Speaker. som. South Carolina-Frederick A. Sawyer, Thomas

Edward McPherson, of Pennsylvania, Clerk. J. Robertson.

Maine-John Lynch, William P. Frye, James Georgia-Joshua Hill, Thomas M. Norwood. G. Blaine, John A. Peters, Eugene Hale-5. Alabama-George E. Spencer, George Gold- New Hampshire-Ellery A. Hibbard, Samuel thwaite.

| N. Bell, Hosea W. Parker-3. Mississippi-Adelbert Ames, James L. Alcorn. Vermont-Charles W. Willard, Luke P. PoLouisiana (Vacancy,*) J. Rodman West. land, Worthington C. Smith-3. OhioJohn Sherman, Allen G. Thurman.

Massachusetts--James Buffinton, Oakes Ames, Kentucky-Willis B. Machen,t John W.Steven-Ginery Twichell, Samuel Hooper, Benjamin F.. son.

Butler, Nathaniel P. Banks, Constantine C. Esty, t

George F. Hoar, Alvah Crocker, Henry L. Dawes * Claimed by John Ray and Wm. L. McMillan, but

-10. not awarded to either.

tQualified December 2, 1872, to fill the vacancy caused * Resigned March 24, 1873. by the death of Hon. Garrett Davis, which occurred Qualified December 2, 1872, in place of George M. during the recess, September 22, 1872.

Brooks, resigned.

Rhode IslandBenjamin T. Eames, James M. | Ohio-Ozro J. Dodds, * Job E. Stevenson, Pendleton-2.

Lewis D. Campbell, John F. McKinney, Charles Connecticut-Joseph R. Hawley,* Stephen W. N. Lamison, John A. Smith, Samuel Shellabarger, Kellogg, Henry H. Starkweather, William H. John Bealty, Charles Foster, Erasmus D. Peck, Barnum-4.

John T. Wilson, Philadelph Van Trump, George New York-Dwight Townsend, Thomas Kin-W. Morgan, James Monroe, William P. Sprague, sella, Henry W. Slocum, Robert B. Roosevelt, John A. Bingham, Jacob A. Ambler, William H. William R. Roberts, Samuel S. Cox, Smith Ely, Upson, James A. Garfield—19. jr., James Brooks, Fernando Wood, Clarkson N. Kentucky-Edward Crossland. Henry D. McPotter, Charles St. John, John H. Ketcham, Jo- Henry, Joseph H. Lewis, William B. Read, seph H. Tuthill, Eli Perry, Joseph M. Warren, Boyd Winchester, William E. Arthur, James B. John Rogers, William A. Wheeler, John M. Car- Beck, George M. Adams, John M. Rice-9. roll, Elizur H. Prindle, Clinton L. Merriam, Ellis Tennessee-Roderick R. Butler, Horace MayH. Roberts, William E. Lansing, R. Holland Du- nard, Abraham E. Garrett, John M. Bright, ell, John E. Seeley, William H. Lamport, Milo Edward I. Golladay, Washington C. WhitGoodrich, Horace Boardman Smith, Freeman thorne, Robert P. Caldwell, William W. Vaughan Clarke, Seth Wakeman, William Williams, Wal 1-8. ter L. Sessions-31.

Indiana-William E. Niblack, Michael C. New Jersey John W. Hazelton, Samuel C. Kerr, William S. Holman, Jeremiah M. Wilson, Forker, John T. Bird, John Hill, George A. Hal- John Coburn, Daniel W. Voorhees, Mahlon D. sey–5.

Manson, James N. Tyner, John P. C. Shanks, Pennsylvania–Samuel J. Randall, John V. William Williams, Jasper Packard—11. Creely, Leonard Myers, William D. Kelley, Al Illinois-Charles B. Farwell, John F. Farnsfred Č. Harmer, Ephraim L. Acker, Washington worth, Horatio C. Burchard, John B. Hawley, Townsend, J. Lawrence Getz, Oliver J. Dickey, Bradford N. Stevens, Henry Snapp, Jesse H. John W. Killinger, John B. Storm, Lazarus D. Moore, James C. Robinson, Thompson W. McShoemaker, Frank C. Bunnell, John B. Packer, Neely, Edward Y. Rice, Samuel S. Marshall, Richard J. Haldeman, Benjamin F. Meyers, R. John B. Hay, John M. Crebs, John L. BevMilton Speer, Henry Sherwood, Glenni W. Sco- eridget-14. field, Samuel Griffith, Henry D. Foster, James 1 Missouri-Erastus Wells, Gustavus A. FinkelnS. Negley, Ebenezer McJunkin, William McClel-burg, James R. McCormick, Harrison E. Havens, land-24.

Samuel S. Burdett, Abram Comingo, Isaac C. Delaware-Benjamin T. Biggs-1.

Parker, James G. Blair, Andrew King-9. Maryland-Samuel Hambleton, Stevenson Ar-| Arkansas--James M. Hanks, Oliver P. Snyder, cher, Thomas Swann, John Ritchie, William M. Thomas Boles—3. Merrick_5.

Michigan - Henry Waldron, William L. Virginia, John Critcher, James H. Platt, jr., Stoughton, Austin Blair, Wilder D. Foster, Charles H. Porter, William H. H. Stowell, Rich | Omar D. Conger, Jabez G. Sutherland-6. ard T. W. Duke, John T. Harris, Elliott M. Brax. Florida~Silas L. Niblacki-1. ton, William Terry-8.

Texas, William S. Herndon, John C. Conner, North Carolina Clinton L. Cobb, Charles R. DeWitt C. Giddings, John Hancock-4. Thomas, Alfred M. Waddell, Sion H. Rogers, Iowa-George W. McCrary, Aylett R. Cotton, James M. Leach, Francis E. Shober, James C. William G. Donnan, Madison M. Walden, Frank Harper-7.

| W. Palmer, Jackson Orr-6. South CarolinaJoseph H. Rainey, Robert C. Wisconsin - Alexander Mitchell, Gerry W. DeLarge, I Robert B. Elliott, Alexander S. Wal. Hazelton, J. Allen Barber, Charles A. Eldredge, lace-4.

Philetus Sawyer, Jeremiah M. Rusk_6.
Georgia, Archibald T. MacIntyre, Richard H. | California-Sherman 0. Houghton, Aaron A.
Whiteley, John S. Bigby, Erasmus W. Beck, Sargent, John M. Coghlan—3.
Dudley M. DuBose, William P. Price, Pierce M. Minnesota—Mark #1. Dunnell, John T. Averil]
B. Young—7.

-2.
Alabama-Benjamin S. Turner, Charles W.
Buckley, William A. Handley, Charles Hays, Kansas David P. Lowe-1.
Peter M. Dox, Joseph H. Sloss—6.

West Virginiam John J. Davis, James C. McMississippi—George E. Harris, Joseph L. Mor- Grew, Frank Hereford—3. phis, Henry W. Barry, George C. McKee, Le Nevada-Charles W. Kendall-1. grand W. Perce-5.

Nebraska-John Taffe-1. Louisiana–J. Hale Sypher, Lionel A. Sheldon, Whole number of Representatives........... Chester B. Darrall, Aleck Boarman,ll Frank Number of Delegates Morey_5.

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*Qualified December 2, 1872, in place of Julius L. Strong, deceased September 7, 1872."

+ Qualified January 7, 1873, in place of Ulysses Mer-cancy. [Mr. James McCleery was elected in 1870, but cur, resigned December 2, 1872.

died before qualifying.) Unseated January 24, 1873. The seat remained ya

*Qualified December 2, 1872, to fill the vacancy cant. Qualified December 2, 1872, to fill the vacancy caused

caused by the resignation of Aaron F. Perry. by the death of Thomas J. Speer, deceased August 8,

t Resigned January 4, 1873. 1872.

f Qualified January 28, 1873, in place of Josiah T. 1 Qualified December 3, 1872, to fill an original va- I walls, unseated.

II.
THE PASSAGE OF THE “SALARY ACT OF 1873."

FORTY-SECOND CONGRESS--THIRD SESSION. | the reason of that practice. The Chair overruled IN HOUSE.

the point of order.

Mr. HOLMAN appealed from that decision. 1872, December 2-Mr. GARFIELD, from the The House sustained the appeal-yeas 22, Committee on Appropriations, reported a bill nays not counted. (H. R. 2991) making appropriations for the Mr. SARGENT moved to amend the paragraph legislative, executive, and judicial expenses of by simply striking out "$25,000" and inserting the Government for the fiscal year ending June “$50,000,” without the proviso. 30, 1874, which was read a first and second time, Mr. Holman raised the same point of order. ordered to be printed, referred to the Committee The Chairman (Mr. DAWES) again overruled of the Whole House on the State of the Union, it. and made a special order for Thursday, Decem! Mr. HOLMAN appealed from that decision. ber 12th, after the morning hour, and from day to Upon division, the decision of the Chair was day thereafter until disposed of, (Fridays and not sustained-yeas 60, nays 67. Saturdays excepted:)

Mr. SARGENT moved to amend the paragraph December 9-Mr. Banks introduced the fol. relating to Department of the Interior, so as to lowing bill; which was read twice and referred fill the blank opposite "chief clerk” with $2,200, to the Committee on the Judiciary:

and to provide for one additional clerk of class That on and after the fourth day of March, 4, three additional clerks of class 3, two of class anno Domini eighteen hundred and seventy- 2, five of class 1, three copyists at $900 each, three, the President of the United States shall two additional messengers at $720, and three receive for his services during the term for which additional messengers. he shall have been elected the sum of fifty thou- Mr. FARNSWORTH moved to amend Mr. SARsand dollars per annum in full for his services, GENT's amendment by striking out the words to be paid quarterly at the Treasury.

[relating to clerks of class 4, which occurred both 1873, January 7—The Legislative appropria- in the original paragraph and in the amendment] tion bill being considered in Committee of the "any of whom may be paid $200 additional, if Whole,

the Secretary of the Interior deem it necessary Mr. Cox moved to amend so as to make the and proper." Disagreed to. salaries of the reading clerks $3,000 each. Agreed. The amendment of Mr. SARGENT was agreed to.

to--yeas 72, nays 52. Mr. MAYNARD moved an amendment so as to Mr. DICKEY, under the head of “General Land raise the pay of pages $3 per day while actually Office," moved to amend so as to increase the employed. "Agreed to.

salary of the Commissioner of the General Land Mr. Randall moved to make the salaries of Office from “$3,000" to "$3,500.". the chief clerk and journal clerk $3,600 each. Mr. Holman raised the point of order that Agreed to.

the amendment changes existing law, but subseMr. GARFIELD moved to change the appropri quently withdrew the point. ation of $2,640 for two policemen at the Presi Mr. EUGENE HALE renewed it. dent's House to $3,168. Disagreed to.

The Chair overruled the point of order. Mr. EUGENE HALE moved to make the appro Mr. EUGENE HALE appealed from the decision. priation for assistant doorkeeper at the Presi The House sustained the decision of the Chair. dent's House $1,200 instead of $1,080.

Mr. DICKEY then withdrew his amendment, January 8—Mr. EUGENE HALE asked consent stating that his only object in offering it was to to go back and amend so as to make the salaries secure a decision upon a question that involved of the assistant journal clerk and tally clerk no feeling. $3,000 each. Objected to.

Mr. DUNNELL moved to strike out the paraMr. SARGENT moved to amend the paragraph graph relating to the Bureau of Education, and "For compensation of the Presidents of the to insert a substitute, so as to cut off the followUnited States, $25,000," by striking out “$25,- ing appropriations: “Library, $1,000; current 000” and inserting “$50,000;” also by adding educational periodicals, $250; other current pubto the paragraph the following proviso:

lications, $225; completing valuable sets of periProvided, That from and after the 4th of odicals and publications in the library, $200; March, 1873, the salary of the President of the collecting statistics, and writing and compiling United States shall be $50,000 per annum, paya- matter for annual and special reports, and edit ble monthly."

ing and publishing circulars of information, Mr. HOLMAN raised the point that the pro- $13,000; fuel and lights, $275; contingencies, posed amendment, inasmuch as it changed an ex- $1,260—in all $34,850; and to give an addiisting law, was not in order.

tional force of one librarian at $1,800; two The Chairman (Mr. Dawes) stated the uniform copyists at $900 each ; one clerk of class 1 ; one practice to have been that under Rule 120, superintendent of folding room at $1,000; one amendments increasing salaries are in order, al. watchman at $750; one laborer at $720." Total though the Chair confessed he did not understand l amount stated to be $47,000.

Mr. FARNSWORTH raised the point of order Mr. GARFIELD thereupon withdrew his request. that this would change existing legislation. The bill having been reported to the House, The Chair overruled the point.

Mr. EUGENE HALE, under instructions from the January 10—The amendment was disagreed Committee on Appropriations, offered an amend. to-yeas, 74, nays 78.

ment to increase the salaries of the assistant jourMr. J. T. Wilson moved, under the head of nal and tally clerks from $2,500 to $3,000 each, Department of Agriculture, to add, "for salary and to pay the Clerk of the House $576 as a dis. of Thomas Taylor, microscopist, under the direc- bursing officer, thus equalizing his salary with tion of William Saunders, superintendent of that of the Secretary of the Senate. gardens and grounds, $1,800.".

Mr. Holman raised the point of order that this Mr. SARGENT raised the point of order that proposition had not been considered in Committhere is no law authorizing such an appropria- tee of the Whcle. tion; that it is the creation of a new office. The SPEAKER said that that was a question of

The Chairman (Mr. DAWES) overruled the fact. point.

Mr. Dawes moved to amend the amendment The amendment was then modified to "mi- by adding " that the clerk of the Committee on croscopist, $1,800," and agreed to-yeas 67, Ways and Means and the clerk of the Committee nays, 17.

Ton Appropriations shall receive an annual salary Mr. MAYNARD moved to amend, under the of $3,000 each." head of “Department of Agriculture,” by strik The SPEAKER overruled the above point of ing out “ three" and inserting "five," so as to order as to Mr. EUGENE HALE's amendment and make the salary of the Commissioner of Agri- also as to Mr. DawES', "on the ground that, havculture $5,000, instead of $3,000.

ing been offered and considered in Committee of The motion was not agreed to.

the Whole, it is now in order to move it in the January 11-Mr. MAYNARD moved to amend, House." under the head of “office of the Solicitor of the Mr. HOLMAN moved to add to the list of Treasury," by striking out “$3,500” and insert committee clerks the clerk of the Committee on ing "$5,000," as the compensation of the Solici- Claims. tor of the Treasury.

The SPEAKER declared it not in order, in that The amendment was not agreed to.

it was not considered in Committee of the Whole. Mr. EUGENE HALE offered the following Mr. KERR moved to amend Mr. Dawes' amend. amendment:

ment, "so as to increase the salary of Mr. Dillon, That there be allowed to the officer disbursing the chief clerk of the sergeant-at-arms, to $3,000 the contingent fund and other expenses of the a year;" which was agreed to-yeas 97, nays House of Representatives an annual sum of $576, and the compensation of the tally, clerk The amendment of Mr. DAWES was agreed toand assistant journal clerks is fixed at $3,000 yeas 89, nays 32. per annum, and the appropriation for the next | The amendment of Mr. EUGENE HALE, as thus fiscal year is hereby made.

amended, was then agreed to-yeas 87, nays 26. Mr. MAYNARD stated that he must make the Mr. SARGENT called for the yeas and nays, but point of order on the amendment, unless the subsequently, as the hour was late, agreed to test clerk of the House Committee of Ways and the question by tellers. Means is also included.

Upon division, the tellers reported 92 yeas, Mr. EUGENE HALE declined to yield for an (being a majority of the whole House ;) naye not amendment.

counted. Mr. MAYNARD raised the point of order that Mr. GARFIELD demanded the previous quesit changes existing law.

tion on the bill and pending amendments. The Chairman overruled the point.

Mr. SARGENT asked leave to offer the following Mr. Dawes moved to amend the amendment amendment: to insertso as to include in it the clerk to the Committee For compensation of the President of the Union Appropriations and the clerk to the Commit- ted States, $50,000; and the salary of the Presitee on Ways and Means at $3,000 each; which dent of the United States shall be, after the 4th was not agreed to.

of March, 1873, $50,000 per annum, payable Mr. EUGENE HALE's amendment was then dis- monthly. agreed to-yeas 31, nays not counted.

Mr. GARFIELD declined to grant it. Mr. GARFIELD asked unanimous consent" to Mr. HOLMAN called for a division of the House reconsider the vote increasing the compensation on the demand for the previous question, stating of the other clerks, or rather that the committee that he wished to offer the amendment (raising be allowed to take the vote over again."

the salary of the clerk of the Committee on Mr. RANDALL objected.

Claims) he had already indicated. January 14-Mr. GARFIELD asked unanimous On division there were-yeas 84, nays 51; 80 consent to take the expression of the committee the previous question was seconded and the main over again upon the amendment which had been question ordered. adopted increasing the salaries of the journal The SPEAKER requested gentlemen to state the clerk and two reading clerks.

amendments upon which they ask for separate Mr. Holman objected that he was going back votes. on the bill.

Mr. SARGENT asked for a separate vote on each Mr. RANDALL made the point of order that it amendment proposing to raise salaries. was not in order to go back to a matter which Mr. HOLMAN asked for a separate vote on every the committee had already decided.

proposition creating a new office.

January 15-Mr. SARGENT withdrew his de- executive, and judicial appropriation bill, which mand as above for a separate vote.

subsequently was read twice by title and referred A separate vote was taken on concurring in to the Committee on Appropriations. the amendment of the Committee of the Whole January 20 and 21-Amendments were offered to paragraph relating to Interior Department, by Messrs. ROBERTSON, SHERMAN, and BUCKINGand it was concurred in.

HAM, which were similarly referred. Mr. SARGENT asked for a separate vote on January 21-Mr. MORRILL of Maine from concurring in the committee amendment to add the Committee on Appropriations, reported back "microscopist, $1,800.”

the legislative appropriation bill with amendMr. Holman called for the yeas and nays.

ments. The amendment was concurred in-yeas 100, January 22—Messrs. MORTON, CASSERLY, Sawnays 76; not voting 65.

YER, FRELINGHUYSEN, FERRY of Michigan, The bill as amended was ordered to be en. PRATT, ROBERTSON, WRIGHT, and STEWART subgrossed and read a third time, and being en-mitted amendments which were referred to the grossed, was accordingly read a third time and Appropriation Committee. passed.

Mr. MORRILL of Maine moved that the Sen RESOLUTIONS OFFERED.

ate proceed to the consideration of the legislative January 27-Mr. W. R. Roberts offered the appropriation bill. Agreed to. following resolution; upon which he called the January 23— The bill being before the Senate previous question:

| as in Committee of the Whole, Resolved. That the Committee on the Judiciary Some forty or more amendments raising the of this House be, and is hereby, instructed to salaries of Senate officers and employees, and, examine into the pay and emoluments of the with one exception, lowering the proposed inseveral officers of the executive, judicial, and crease of salaries for House officers and employees, legislative departments of the United States as offered by the Appropriation Committee, were Government; and that said committee prepare agreed to. and report a bill to this House for the proper Mr. SHERMAN, under instructions from the gradation of the pay and allowances for each

ch Committee on Finance, reported an amendment, officer in said departments; and that said com

| but subsequently withdrew it. (See next page.] mittee have leave to report at any time.

Mr. MORRILL of Maine moved to so amend Mr. G. F. Hoar made the point of order that the bill as to make the compensation of memto authorize a committee to report at any time bers, &c., "available after the 1st day of March, required a suspension of the rules, which could | 1873. Agreed to. not be done during the morning hour of Monday.

Mr. HILL, under instructions from the ComThe SPEAKER sustained the point of order.

mittee on Privileges and Elections, reported an Mr. W. R. ROBERTS then offered the resolution

amendment to raise the salaries of Senators, without that clause.

Members, and Delegates from $5,000 to $8,000 Mr. G. F. HOAR raised the point of order that per annum, to take effect from the commencethe gentleman had exhausted his right under ment of the Forty-Second Congress. this call, and cannot offer another resolution.

Mr. TAURMAN made the point of order that The SPEAKER sustained the point of order.

this proposed legislation on an appropriation bill Mr. WAKEMAN submitted the following reso

was contrary to the rule of the Senate. lution; which was adopted:

The Presiding Officer (Mr. ANTHONY) overruled Resolved. That the Judiciary Committee be the point, stating that the rule referred to was instructed to inquire into the practicability and made only for the previous session, and expired expediency of legislation increasing the salaries with it, of circuit and district judges of the United States;

Mr. HILL's amendment was then read, viz: and that the said committee be authorized to

To strike out lines ten and eleven in the words report by bill or otherwise.

"for compensation and mileage of Senators, Mr. Ely submitted the following resolution: 1$405,000," and in lieu thereof to insert: upon which he called the previous question:

1. For compensation and mileage of Senators, Resolved. That the Committee on the Judiciary $849,000; and the compensation of Senators and of the House be, and it is hereby, instructed to Representatives in Congress and the Delegates examine into the pay and emoluments of the from the Territories shall be $8,000 per annum, several officers of the executive, judicial, and to be paid as at present provided by law, and to legislative departments of the Government of the commence from the beginning of the FortyUnited States; and that said committee prepare Second Congress. and report a bill to this House for the proper

Mr. SHERMAN made the point of order that the graduation of the pay and allowances for each subject-matter was not referred to the Committee officer in said departments.

on Privileges and Elections, and is not within The previous question was seconded-veas 75. I their jurisdiction under the rule. nays 64. The main question was ordered, and The Presiding Officer declared the amendment the resolution was adopted.

to be within the rule.

Mr. MORRILL of Vermont moved to amend

the amendment by adding to it the following: IN SENATE.

Provided, That at the next election of members 1873, January 9 and 16—Mr. Pool introduced of the House of Representatives, and before the salary bills.

foregoing provision shall take effect, the question January 16-A message from the House an- of the proposed increase of pay shall be submitnounced the passage by the House of legislative, I ted to a popular vote of the people in each State;

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