The New York Herald Newspaper, December 14, 1869, Page 3

- WASHINGTON _A Test Vote on Removing the Capitol. Change in the List of Circuit Judge Appointments. Proposed Reorganization of the Georgia Legislature, A Warning to Di the Treas! le Clerks in ment, THE GOLD CORNER INVESTIGATION WasHINGTON, Deo. 13, 1869 ‘The Spanish-Cuban Negotiations. Ir Secretary Fish don't cone:der it incompatible ‘with the public interest, we are'likely soon to know the whole story about Cuba, Spain and our negotta- tlone through Sickles. Fernando Wood introduced ss resolution to-day asking for all thw, which was unanimously agreed to. Senator Cerbetv’s Funding Bill, The provisions of senator Corbett’s self-funding Dill t# to fund one thonsand million of the maturing five-twenty bonds into a bond running thirty-five years, principal and interest payable in coin, and 0) taxable in any form, principal or interest, the bonds for the first three years to bear six per cent Interest per annum; for the next six years, five per cent per annom; for the following six years, four and one-half per cent per annum, and for the following twenty years four per cent per annum. ‘Theinterest for the first fifteen years will thereby average five per cent per annum, or for the whole time of thirly-fve years it would average 4.43 per cent per annum. Jt is contended by Senator Corbett that the bill offers an tnducement to those holding five-twenty bonds to accept this bond in exchange for those they now hold. Is would give the bondhelders the same rate of interest as Ahey now get for the next three years free from tax, and a fair rate for the following twelve years, and by the expiration of that time the bond would find a lace in onr trust and savings institutions and in foreign markets, where four per cent, free from all tax; would be considered a good Interest. This one thousand millions being funded Into such abond for thirty-five years, the balance of Sivo-twenty and other bonds could be paid or funded ¢ntoabond bearing @ lower rate of interest long before the thirty-five years’ bond should mature. ‘This bond has the advantage over any other bond of funding the entire amount at each period named futo a lower rate of interest without any cost or agi- tation of the question, are Taxing the Interest on the Bonds. Mr. Butler, of Massachusetta, offered a resolution tm the House instructing the Committee on Ways ‘and Mcans to bring in a bill forthwith to impose the income tax of five per cent on the interest on United States bonds, The House refused to second the Previous question and the resoluwon went over un- @er the rule. The Investigation Inte the Gold Corner. Oengreasman Jolin Fox, of New York city, got Sfter the gold gambiers again to-day, but his efforts were hampered by the injudictous phraseology of the resolution which he sought to.haveadopted. Mr. Fox no @oubt had buncombe in his eye when he Penned that pars of his resolution instructing a special committee to inquire as to the alleged eon- nection of Grant and Boutwell with ghe September speculations. He knew as well a8 any one that metther of those distinguished gentlemen had any connection whatever with the Fisk conspiracy, but 46 was his cue to profess otherwise. He knew also very ‘Well that he could not get a special committee ap- pointed to make the investigation, but as his only, or at least chief, object was to put Fox prominently before the New York constituents of Fox, ne cared not particularly whether he succeeded in having ais resolution adopted or tavied. Of course the House refused promptly to sanction even the faintest shadow of suspicion against the charac- terof Grantor Boutwel! and squeiched Mr. Fox's appeal for a special investigation. But subsequently, Quring to-day's session, Mr. Schenck, seeiig that to deny ail and every species of investigation might look a little suspicious, moved to refer the matter to tie Banking and Currency Committee, which was agreea to. Scnenck’s reso- Jution difered from Fox’s in that it left out all allu- sion to the President or Secretary of the Treasury, though it gave full power to send for persons and papers and to examine: whether any officers of the government were implicated. Fox proiesses to Rave valuable information which he can furnish the committee and which will astonish some people, Piast we. Appointments. ‘The President sent the following nominations to the Senate to-day:— A... Bwain, to be Postmaster at Bellows Falls, ‘Vt; F. B. Penniman at Honesdale, Pa.; Rufus ©. ‘Wood at Canton, Mass.; William H. Gilbert at Chico- pee Falla, Mass.; William ©. Bivins at Goshen, Ind., and &, K. Brush at Bikhert, Ifd. Nahion Chance, of Ohio, ta be Consul Asean, New Providence; Charies A. Tweed, to be Associate Justice of the Supreme Gourt of New Mexico; Edgar Stanton, ot Jilinols, to be Consul at Bristol; Albert Grau, of Norway, to be Consul at Bergen; Second Lieutenant David G. Swaine, of the United States Army, unassigned, to bei Judge Advocate, with the Frank of Major. { Nominations Withdrawn by the President. Thefollowing nominations, heretofore sent to the Senate, were to-day withdrawn by the President:— Daniel D, Snyder, to be Assessor of Internal Revenue for the Fourth district of Georgia; Henry L. Jones, Receiver of Public Moneys at New Or- Jeans; James R. <Allaben, Assessor of Internal Revenue for the Second district of New York. The Doubtful Circuit Judges. ‘The charges against Mr. Pearce, the nominee tor the Maryland circuit judgeship, are said to be of the most puerile character, and squeiched long ago by Proper investigation. Among the names withdrawn so-day is that of Mr. Yeaman, the nominee for. the Kentucky district, It is now believed that Mr, McKennan’s name yiil also be withdrawn. Resign of Judge Grier. Associate Justice Grier wrote his. letter of remg- Nation of his place on the Supreme Court bench on Saturday, but it has not yet been placed in the hanaa of the President. He proposes it, to take effect on the fret of February, as during the intermediate time he wishes to take part in the opinions concetn- ang which he has been in consultation with his -brother Judges, The Constitutionality of Removing the Capital. Some time ago Texpiained that the anti-capital movers intended early im the second -session of the Forty-firat Congress to make an effort to test tue sense of the House of Representatives on the ques- tion of the unconstitutionality ef sundering ‘this district, or of taking from it the scat of government. 1 stated that the election of Mackenzie as member of Congress from Alexandtis Wasto be made the point of attack in this way. Over twenty years ago Alexandria was revroceded to Virginia by Congress, although the constitu. tonal power to do #0 at the Yme was gtevely Auubted. Since then the question has often deen + and very recently, when ‘the project of the Capital to a position nearer to the geographical centre of the Union was talked of, particular attention was dirccied to tho whole subject, the resnje of which is that the doubt 4 to Alexandria's retroceasion being constitutional has become still more confirmed, ‘The argument from which is that if Congress could not part with a portion of the District selected for the capital of the country still Jess can it part with the entire District by trans- ferring the government scat trom ‘Washington to some locality away ont Weut. To bring this question squarely before Vongross the novel expedient was nit NEW YORK HERALD, TUESDAY. DECEMBER 14, 1869—TRIPLE SHEET. UpeR oF resisting the sémission of Lewis Mackenzi¢, ‘We resentiy elected Representative from the Alex- andrig district of Virginia, on the ground that he (Mackenaie) really wes not chosen from a locality from which a constitutional representative could be sent teCongress. Papers taking this view of the case ‘Were placed before the Election Committee, and to- @ay Gqmeral Paine, of Wisconsin, chairman of that committee, moved to have the constitutional ques- tion. ¢f retrocession referred to the Judiciary Committee for an opinion. ‘This gave rise to a regu- lar Little tempest. .The capital movers saw the drift of it fight away and, headed py Logan, opposed the question anew, contending that it had ten passed upon twenty years ago, and «ver since then antil Mackenzie's time quietly acquiesced, in. ‘The end of the discus- sion vas that Paine sustained a defeat, but whether tunis betokens unexpected strength or not in the Western movement to carry off the capital, buildings and all, to the Mississippi, it 1s not easy todecide, tis certain that some of the mem- bers who voted against Paine did so, not because they favor changing the capital but because they believe Mackenzie is entitled to his seat during such time as Alexandria may remsin a part of Virginia. States whieh Have Ratified tho Fifteenth Amendment. ‘The President to-day sent a message to the House in response to a resolution asking what States have Fatifed the proposed fifteenth amendment to the constitution ot the United States. He enclosed @ letter tohim from the Secretary of State giving the following named States as having ratified 1t:—Mis- sour!, Kanses, North Carolina, West Virginia, Masea- chusetts, Wisconsin, Maine, Louisiana, Michigan, South Carolina, Pennasylvauia, Arkansas, Oonnecti- cut, Florida, Illinoia, Indians, New York, New Hampshire, Nevada, Vergont and Virginia, Mis- sour) and Kansas are generally defective in thelr returns. In the former the second section of the amendment #s omitted, and in the latter the phrase- ology of the second section 18 changed. A Discourse from Mr. Drake. Mr. Drake, one of the Senators from Missouri, has several times Of late attracted attention through the absurdity of some of his public acts, To-day the wortay genticman delivered a lengthy, aston- ishing and incomprehensible hbarangue upon his bill to destroy tne wmdependence ‘of a co-ordinate branch of the government, the Supreme Court of the United States. It is understoed that the gentleman was engaged all summer preparing this windy discourse, and the impression left after he got througn was that he was not only out of his element and considerably beyond his depth, but that he might have been more profitably employed. The honorable Senator had erected on his desk @ sort of forum of ary documents, and from the summit of this pile of legislative lore he read his piece. During this infliction two Senators made repeated efforts to give him their attention, but failed. The rest of the Senators took such a favorable oppor- tunity to frank documents, write letters and read Rewspapers, For five mintites Senator Conkling was the most attentive listener in the Chamber, hia seat being immediately in front of the speaker. He was evidently disturbed with so much noise in his rear. After Drake had taken his seat Senator Edmunda, of Vermont, rose and in about five minutes completely demolished Drake and his whole argument, or rather his stavements. Drake stood the scorching manfully, vigorously masticating and expectorating, Senator Sauisbury, of Delaware, who has not been heard from for some time, next took a turn and {threw in an additional peppering. Drake appeared to be Satisfied and allowed his bill to be laid temporarily aside without an effort. The Mexican Claims Commission. ‘ Mr. Ashton, counsel of the United States, to-day presented @ written statement to the Mexican Come mission in regard to the rules prescribed by the Commissioners, suggesting among other things, that express authority be given to American Consuls in Mexico to take depositions 1n American clatms for use before the commission, and that copies of all Papers on file in American consulates, duly certified by the Consuls, ve admusaible in evidence before the Commission. Mr. Cashing, in behalf of Moxico, asked leave to Teply to this communication, whicb was granted by the Commission. A Proposed Consalate at Pesth, Hungary. ‘The attention, of the government has recently been directed to the importance of establishing a United States consulate at Pesth, the capital of Hungary. Smce the elevation of the Hungarians to a voice in the affairs of the Austro-Hungarian empire it is urged Pesth has assumed @ new importance, commercial as well as political, and nearly every European nation, including France, Engiana and Prussia have established full consulates there. Native Hungarians residing in this country have petitioned Congress for the establishment of a con- sulate at Pesth, chiefly as a recognition of the politi- cal advancement of Hungary, but also on account of the commercial relations between that country and the United States, Many Hungarians who during the revolution of 1848 Ned to this country and became adopted citizens have since the union of Hungary and Austria returned to their native Jand and are settled in Pesth. Some of them carry on an extensive business with the United States, especially im exporting wines and importing in return agricultural implements. The Hungarian government has signified tts desire in an unofficial way that the United States, which sym- Pathized so strongly with the Hungari in their trouble years ago, should be* represented at their seat of government now that they nave attained the much desired constitutional government controlled by indeendent ministers. Tne Senate Committee on Foreign Relations will take the matter under con- sideration, and it is probable a consulate at Pesth ‘will be created during the present session. As might be expected, Secretary Fish is indifferent about the matter, but Senators Sumner, Scharz and other members of the Committee on Foreign kelations Will take the matter in hand without regard to the Department of State, Ben Batler’s Little Game. What ts the matter with Ben Butler? ‘They say that Ben is going into the purchase of large and small arma to a huge extent as the agent of a New York firm, and that he fias recently applied to an ofMicer of the War Department to seil him a tremen- dous assortment of warlike implements, “What do you want of ail these?” said the officer to Ben. “That's my business,” qaoth Benjamin. “I will have to refer the matter to Secrotary Bel- knap,”’ said the officer. Belknap was consulted and responded :— “I don’t care & damn what Butler wants them for if he only pays forthem. If he wants them sor im- proper purposes after buying them from us, it will be Secretary Fish’s business, not mine.’ Ben will get'the arms very likely, but what he Wants them for is a puzzle. Its generally supposed to be for Cuba. Quien sabe? Disbursements of the Indian Fund. An oficial statement has been prepared showing the disbursements made from the appropriation of $2,000,000 placed at the disposal of the President by act of Congress to enable him to maintain peace among and with the various trines and bands of Indians, namely:—Supplies of beef and transporta- faon.to various points of Dacotah, New Mexico and Montans Territories and the central superintendency, for all expenses incident to the service of the Whetstone, Cheyenne, Grand River and Crow Creek agencies in Dacotah, and for, the parchase of all goods and supplies which have been p@rchased for the Sioux, $246,404; the amount placed at the dis- posa) af Governor Campbell for géneral incidental expenses of the #ervice in Wyoming Territory, by direction of the President, $10,000; im paying the indehvedness created by General Kearney in excose of the sum of $486,784, .appro- prigted by act of Congress in 1869, to pay the excess inourred by lim for the benefit of the Indians witn whom we have treaties, or mede by the Indian Commission, $99,970; total amount expended, $366,374; balance remaining on hand, about $1,643,626. Of this @ million anda helt will be required to pay subsistence furnished and te be furnished by the Commissary Department for feeding the Sioux, Kiowas, Comanches, Apaches, Cheyennes, Arapahoes and others, Ten thousand will be needed for the service In Wyoming aod about the same amount in Montana and New Mexico, The residue Gay $113,000 will be reauired for the service at the ; ifferent agencies in Dakota, including the pay of employéa, complewon of buildings, breaking land, Planting in the spring, &c., and for the general inci- dental expenses of agents st these places; also lo Meet any emergencics that may arise at other agencies. Reorganization of the Georgia Legislature. The Senate Judiciary Committee have agreed upon a bill providing for the reassembling of the Georgia Legisiature, with the exclusion of the mem- bers ineligible under the fourteenth amendment, and the reseating of the hitherto excluded colored memvers, The Legisiature is to be provisional ‘Until the United States Senators and Representatives are admitted to Congress, The Diserderly Female Clerks in the Printing Bureau. ‘The expos¢ made in the HERALD @ short time ago relative to a degrading search of the female employés in the Prinang Bureau of the Treasury, and the fining of them seven dollars each in con- sequence of the loss of some fractional cur- Tency, has led Superintendent Macartee, or some one under him, to post up some very foolish orders and notices. One general order, for instance, forbids the girla talking to outsiders about snything that occurs in the Bureau, ana prohibits ‘hem from giving information to the newspapers, or even bringing: newspapers or needle work to the Bureau. Anotuer notice, verbatim et lleratun, le as Soliowa:— OTT Whistling, loud tating “profane or improper tar , Smoking or lounging i halls or pasaages will be permitted, ants and their assistants will gee that this order # alrictly obeyed, and report any violation thereof. By order of the culef, G, B, MACARTEE, ‘This notice. be it remarked, is posted in a room where there are only two or three men and some fifty young and unsophisticated females. The force, therefore, of vetolog whistling, smoking or profane language in that room can be taken in at a glance. It ts surmised that the publication of the contraband information contained in this paragraph may read to the expulsion of all female employes from the Prindag Bureau. Great country this, truly. Personal. Senator Fenton arrived here this morning and was warmly welcomed by his friends. A portion of the Brooklyn dejegation, consisting of Captain 0. W. Goddard, Colonel Julian Allen, Hon, William W. Goodrich, and Hon. Edwin a. Studwell, who are here in regard to the case of Mr. Allaben, and also Deputy Collector Williams, of New York breakfasted with the Senator at the,Arlington. Colonel J. W. Jones and David Williams, also met the delegation. The delegation returned to New York this evening. It is understood that the with- drawal of Mr. Allaben’s name as assessor of one of the Brooklyn districts was owing to some chargea which it 18 intended fully to investigate. Mr. Hamlin, of Maine, has taken the seat on the floor of the Senate formerly occupied.by his col- league, the late Senator Fessenden. Mr. Pomeroy, of Kansas, has taken the seat rendered vacant by the resignation of Senator Grimes. General W. ‘I. Clark, one of the elected candidates for Congress in Texas, is expected here to-morrow. General J. R. O. Beirne, Disbursing Clerk of the new Post Office, New York city, is in this city on important business connected with that estabilsh- ment. + Murder of a Revenue Officer in Florida, An official letter to Commissioner Delano from Tallahassee, Fla,, dated the sth inat., says:—‘A rumor 1s circulating that Assistant Assessor Tome, of Marriana, Jackson county, was murdered on the night of Dember 4, while on his way from Marriana Apalachicola,”” Post Office Inspector for Kansas. Mr. A. Low, of Doniphan, Kansas, was today ap- pointed Post OMice Inspector for the district of Kan- fae and Nebraska. The Merchantw National Bank ef Wash- ington. In the United States Supreme Court to-day the case of Joseph C. Kennedy, receiver of the Merchants’ ‘National Bank of Washington, vs. Patrick Gibson et al.,came up on appeal from the Circuit Court for the District of Marylana. Kennedy, a citizen of New York, as receiver of the Washington bank, find. ing that the assets and credits of the bank were insufficient to pay its ilabilities, brought this action to enforce the personal liability of the stock- holders under the acts of February 6, 1363, and July 3, 1864, The amounts sought to be obtained were egual to the whole amount of the capital stock of the bank—$200,000, The defendants demurred to the bill, submitting that the case stated did not en- title the receiver to the relicf sought and that the names of the creditors of the bank not being set forth the court was without jurisdiction. it was also insisted that all the stockholuers of the bank, whether residents of Maryland aud within the jurisdiction of the court or not, could be joined in the action; and further, that as the amount claimed was equal to the whole of the capital stock of the bank the case was pot within equity jurisdiction. The point was also made that the case should have been brought by the Disirict Attorney of the district where brought instead of the counsel representing it. The court below sustained the demurrer and dismissed the bill, and the cause thence came here where that judgment was affirmed, Mr. Justice Swayne delivering the opinion of the court, It was held that the suit was perly brought in the name of the receiver, and that he was under the contro! and direction of the Comptroller of the Cur- rency. It was the peed of the Comptrotier to decide upon the necessity and propriety of the bringers of the suits, and his decision was conclusive upon the receiver; but as there was no averment of the dect- sion or direction of the Comptrolier in the declara- tion, and as the demurrer was general, it should be sustained. FORTY-FIRSI CONGRESS, Second Session. SENATE, WASHINGTON, Dev. 13, 1869. PRIITIONS were presented and referred as follows:— By Mr. SuMNgR, (rep.) of Mass.—A petition from the citizens of Buifalo and vicinity for the entire re- moval of the duty on coal. By Mr. Carre.t, (rep.) of N. J.—A petition trom Thomas Jefferson Randolph, executor of Thomas Jefferson, deceased, asking the return of certain pri- vate papers now in the possession of the State De- partment. By Mr. TRUMBULL, (rep.) of Ill.—From the :awyers of Galveston, Texas, setting forth that Judge Wat- rous, of that United States district, had been dis- abled by paralysis, and the necessity for the appoint- ment of an additional judge. By Mr. COLR, (rep.) of Cal.—A petition from the Chamber of Commerce of San Francisco, asking for adaitional mail facilities with China and Japan. Petitions were also presented for pensions, in favor of the recognition of Cuba, and for relief of political disabilities, RECONSTRUCTION OF GEORGIA. Mr. CARPENTER, (rep.) of Wis., from the Committee on Judiciary, report Mr. Morton’s bill to pertect the reconstruction of Georgia, with amendments, The bill, as amended, provides for convening the old Legisiature on & certain day to be named by the Governor. Its organization shall be effected by sum- moning ail persons elected to the Generai Assembiy of the State, as appears by the proclamation of Gen- eral Meade, dated June 25, 1863, and excluding all rsons ineligible under the fourteenth amendment. jo person shali be refused a seat in the | lature on account of race, color or previous coffgition of servitude. The President is authorized to employ, on application of the Governor, the military and Raval forces of the United States to enforce the pro- visions of this act. Finally, it is provided that the Legisiature of Georgia shall be regarded as provi- monal only wotil the further action of Congress. FUNDING THR NATIONAL DEBT, Mr. Corset also Introauced @ bill to fund the ma- ig debt of the United Stuces by s selffunding und, The bill authorizes and empowers the Secretary of the Treasury to issue coupon and registered ponds to the exveut of $1,000,000,000, “in bonds of $1,000 each, having thirty-five years to run, principal and interest payable in gold coin. Each bond 1s to bear interest for the first three years at the rate of six per cent per annum, for the six years following at five per cent, for the next six years at four aud @ haif per cent, and jor the twenty as following at four per cent per annum, The bonds and the iacome therefrom are to be free {rom all tax whatever. The Secretary of the ‘Treasury may exchange the same om for five-twenty bonds at the option of the holders, or he may place them at home or abroad upon the market ata uniform fixed price, the pro- ceeds to be used in redeeming the ilve-twenty bonus now outstanding. REGULATION OF COOLIE CONTRACTS. Mr. WILSON, (rep.) of Mass., introduced # bill to regulate the importation of immigrants under labor contracts. 1t provides that contracts made in jor eign countries whereby immigrants to the United States pledge their labor to be specifically performed after their arrival in this country sual not be vali or enforced in any part of the United States. It makes the act of pelng engaged in such business of importation or contracting & misdemeanor punta. i@ With fine and imprisonment, not lesa gt on And mx monthe or more shag $3,000 and alike untegable in this ylew, yoarn respectively. es It also makes the masters, own- "o. of vessels transferring such 1mm} grants to United States liable to punishment by @heavy fine. it forbids contracis with immigrants after ti arrival whereby their labor shall be edged for a term of years or contracts with them fore they become citizens of the United States, engaging their labor at ies than the custo- mary rate for the same kind of labor in the most favored parts of the Unived States; also all contracts not made directly with the immigrants themselves, ae mae nd cae - superintendents of restore. of the customs rt or preven! violations ot this act. sibicsin's 5 RETIRING JUDGES OF THE SUPREME COURT. Mr. CakruNTeR introduced @ bill providing that whenever it shall be made to appear to the President of the United States to his satisfaction that any Judge of the Supreme Court of the United States shall, from disease or accident contracted or suffered bsequent to his appointment or confirmation, be considered totally and permanently Lge com ot nerforming the dutics of his office, the President shall accept the resignation to the Secretary of the ‘Treasury, und thereafter such judge shali receive the same salary during his natural life that he was by jaw enutied io receive at the tie of his resig- AMENDMENT TO THE GEORGIA RECONSTRUCTION BILL. Mr. MoRTON, (rep.) of Ind., by unanimous consent submitted an ainendment to the Georgia bill maxing the admission of she Siate conaitional upon the adoption of the fifteenth amendment. BULLS INTRODUCED. Mr. Soorr, (rep.) of Pa., introduced @ Dill to extend the time for presenting claims for addiuonal boun- tes. Referred to the Committee on Milltary Affairs, 4180 4 bil to declare forleited to the United States certain lands granted to ald the construction of rail- in Alabama, Migsiasippi and Florida, and for other purposes, which was relerred to the Commitee on Public Lands, Mr. Cakrenren submitted the following:— Resolved, That in the opinion of the Senate the thirty guo- oats purchased or ‘controcted for te the Vulted States’ ty oF $n bebal! of the meat of ry ed the revolted dlatrict of, Guha, auld ot be slicwed to fopart fron the United states duriug the continuance of that rebel- ‘rhe resolution was laid on the tab!e oy request of Mr. Carrenrer, who gave notice that he would call Mt up on Wednesday. ir, TRUMBULL, from the Committee on the Judi- ciary, reported with an amendment the pill to re- hevé members of Congress from importunity and wo preserve the independence of the departments of the government, The bill as amended prohibits recommendations to office by members of Congress and appoiurments m accordatce therewith, under penalty of a misdemeanor punishable by a fine not exceediug one thousand dollars. ‘The Clause allow- ing Such recommendations in response to written request from heads of departments 18 stricken oul, SURISDICTION OF THE SUPREME COURT. On Motion of Mr. DRAKE (rep.) of Mo., the Senate took up the bill “further to define and regulate the ba a and powers of the cours of the Unitea ‘The bill prohibite any court created by an act of Congress, or judge thereof, from Nolding any act of Congress invalid 1or any supposed repugnancy be- tween such act and the constitution of the United States or for any supposed want of authority in the constitution for the same; and also requires that the appellate jurtsdiction of the Supreme Court of the Unived Statea shall not be construed to authorize that court in any case now pending, or hereafter brought before it, to aftirm any judgment, order or decree of an inferior court which shall appear to Dave been based upon any such holding; nor etait any justice of said Supreme Couft in furtherance of tle exercise Of said appellate jurisdiction make any order based upon any such holding by him or by the said Supreme Court, Mr, Drake addressed the Senate at length in sup- port of tne bill. He said, m considering the subject the query had been suggested to his mind whetner the constitution, while leaving in one body of men the exclusive power to make laws for the nation, had, at the same time, given to another body of men the power of annulling those laws, ‘'o answer thiy aMirimatively, as the Supreme Court, in effect, claimed it should be answered, presented so grave an in}putagion upon the legal acutaen and common sense of the framers of the constitution that he had been led to an examination of the whole subject. His final judgment was that the constitution did not contain a single word; which right- fully considered, justified an affirmative answer. if the national .foveruinent was the only one knowa to us thére would be no dificulty im con- sidéring the question on purely national principles; but the diniculty arose from the influence of the example oi the State judiciaries 10 declariyg uncon - stitutional the acts Of State Legislatures. This ex- ampie had been copied by the iederal judiciary in passing juagment upon acta of Congress, It seemed difficult of comprehension to some that that which might be proper in the decision of State courts as to the laws of the States might not be proper when ‘applied to the federal courts; but there was a wide diference, ‘That which was known a8 judicial power at common law when the constitution was framed (1787) was the same now as then, and was incapable of enlargement or dimmution by act of Congress or by aby paactice since then, however long continued. ‘the constitution of many of the States being comparatively of recent date, the judicial power in any of them might be taken to include ali that had been accorded to it prior to the adoption of the State constitution, Prior to 1787 the practice of passing judgment upon the con- stitutionality of an act of Congreaa waa unknown in the federal courts, If this claim of the federal Judiciary was established then a veto power more potent than that of the President—a power to veto not @ bill,’but a law—was created. Tis power would virvually far exceed that of Congress in point Of supremacy in the government, but its existence must be warranted by the constitution, and, if not granted there, its exercise can only be regarded as 4@n usurpation Which no sincerity of judicial con- viction in its favor could uphold, and which could derive no rightful force be cause of long continued stieuce on the part of Congress. If the exercise of this power had been tolerated because of a misinter- pretation of tue consutution or a want of consideration of the subject, and consequently had been exercised for years, it Was no less the duty of Congress apply the remedy than it woald be if the assertion of the power had just been broached for the tirst time, Sixty-six years ago the Supreme Court of the United States, under head of Chief Jus- tice Marshall, wivhout having heard any arguments on the question, asserted it right to hold an act of Congress unconstitutional, and from that day to this had passed into @ professional dogma that such @ fight existed, which dogma had veen accepted without investigation or question. The legal fraternity had not questidned it, nor had it beea questioned tm the hala of Con- reas until the Speaker denied its truth in February. ‘The error was one which urgently needed attention, because of late years the Supreme Court nad been beset by parties to declare nuil and void important acts of Congress, among others those in wich Con- gress had exercised the power of declaring a tax on cotton grown in this country, of taxing State banks, of disposing of military lands and of declartog mili- tary governments over subjected rebels. If this claim of the judiciary was acceded to whemg would itend?’ Each succesful effort to overtirow Con- gressional action would lead to otters, until the judiciary would loom up as the great central power of the government. It was the purpose of the vill to reach the root of this threatened evil, to place Con- gress where the constitution placed it, above and not pelow the judiciary. It was not the object to take from the court any constitutional right, for that was beyond the power of Congress; bus to pre- vent it from passing the limits of its rightful autho- rity under the constitution, It was not intended to assail the court, but to shield the representatives of the people in their legislation from unauthorized judicial mterferencg. ‘The power of Congress to press this Dil was beyond dispute. It applied, first, vo courts created py acts of Congress, and secondly, to the Supreme Court in the exercise of 1ts appellate jurisdiccisn, The only question was whether it ought to be passed, and this brought up tne qnues- tion of the right of the judiciary to declare an act of Congress void. If that right was given by the con- stitution tt could not be disturbed; but if not posses- sed under that instrument, it should not be exercised, ‘The SPEAKER argued that the question wasone which closely touched the national sovereignty. in a government like our own the people could not wield this sovereignty directly, but exercised 1¢ through delegated powers. Hence our three depart- ments of government, Among these three there must In the nature of things be one superior m law and in fact to the other—one having power to give law to the others and not accountable to them. Therefore we might characterize the Congress as the place wherein that arbitrating power, which in ali republics must reside somewhere, is entrusted With limitations to be sure, bat within the bounds of that limitation @ power as absolute as that of the British Parliament. When;Congress, as the mouth- picce of the sovereignty of the American people enacts & law, is their voice to be silenced by # court Wuich was established by the sovereignty tise? By reference to article 3 of the constitution of the United States, it will be seen that there was no express an- thority conferred upon the judictat power to declare an act of Congress unconstitutional, but the right to arrest the legislative will was heid by the Supreme Court to be conierred incidentally and by implica- Uon in the original grant of judicial power. by the term judicial power was meant that power at com- mon law which was known at the time of the formation of the constitution. In 1787, when the constitution was formed, whe people of the U States knew nothing of any right in the judiciary common law to annul any act of Congress, nor was the exercise of any such power known in the State courts, Tne conception of any such right im the federal judiciary was subsequent to the formation or the constitution, The, pationalgoonstitntion, in the judgment of the speaker, contained no word giving authority to the judiciary to deciare any act of Congress nuil or ‘youd for any purpose; butif this ciaua of the jadiciary ‘Was valid then the judicial would virtually include the legisiative power, for it Was ak uvach & legisia- tive power to unmake a iaw as to make it. Neces- sartiy the repealing power exciustvely betonged to the enacting power, and no other than itseif could effectivery repeal its action. But the recognition which this judicial claim had received rested upoa the interpretation of its own power by the judiciary, coupied with the anobjecting siedce of the legisia- tive power. 1t was, in iact, an assertion of auprem: acy of that court over the nativnal legislature, Va- rious Instances Were cited py the speaker on which the Supreme Court had held, among other things, the right to declare unconstitutional an act oi Congress which we judges might de- duce = argumentively to be unconstitutional. No power could be derived by any department of the government by reason of a supposed violation of the constitution by another department. This supposed violation afforded no premises from which to draw @ conclusion for or against any wer In the other which did not viously eXixt, Bonsequenti the claim of the judicial power was li tho Jemmation of Congress was to be arraigned before the Supreme Court of nine jad then, notwithstanding that an seen be passed by the two houses, Ly careful , an ‘haps again passed by of two-thirds” over the President’s veto, the law was to be rendered inoperative and no effect by the simple judgment of five of the judges of the Supreme vourt. Four might be one way and four the other., and the ninth Man, perhaps the weakest of them ail, sits as an ar over the soverematy of tne nation. judiciary once firmly established in this power might reason itself into declari tutional. But it might be urged that the juaicial power was charged by the people witd their protec- Sion from the unconstitutional acts of thelr own lepresentatives; but what name could and ought to be giverto any direct palpable violation of the & yote constitution by one sworn to support and maintain | tt? It couia be called by no other name than “revolution,” for its design and probable effect would be an overthrow of the constivution, How could the judiciary stay a revolution? The very ease with which the jadges might be deposed shows that the constitution does not look to the judiciary as its protecting power against a revo- luuonary outbreak in the halis of Congress, ine ph pene g aie of the people in Congress were the Judges of the constitutionality of any measure pre- sented for their oiticial ganction. The passage of a Dill, therefore, was a solemn judgment by a tribunal competent Lo decide that the legislation was const- tational, This judgment was final, and from it there Was no appeal vo any other authority than the people. It might be asked, would the passage of an act palpably repugnant to the constitution include such a judgement? The answer was that it mani- festly would not, for the reason that no such act could be passed without Congress kuowing its unconsti- ‘atlonality and revolutionary character; therefore The | any act unconsti. | 8 ane Committes on Reconstruction, who met on Tuesday morning, and ordered to be printed. RESOLUTIONS PRESENTED. The call of States for bills having been concluded the remainaer of the morning hour was gtven to the call of States for resolutions, Mr. Perexs, (rep.) of Me., oftered a resolution de- claring that the sentiment of the House accords ,With the opinion expressed in tne President’s Mes- wage that @ renewal of a treaty of seeenes trade with the Briush provinces would be wholly in favor of the British producer, and should not in our pre- sent condition be favorably considered. , Mr, Cox, (dem.) of N. Y., moved to lay the resolu- tion on the tabie, } The House refused to lay the resolution on the table—yeas, 42: nays, 129 (generally @ party vote)— } and then the resolution was adopted. Mr. Dawns offered a concurrent resolution for an | adjournment of the two housos from Wednesday, December 22 to Wednesday, January 5. Agreed to, Mr. Dawes also offered @ resolation directing the Committee on Accounts to report the vouchers of Une several chairmen of committees who bave drawn from the contingent fund for the expend tures of money. Adopted, Mr. Burien, of Mass., offered a resolution instructing the Commitiee of Ways and Means w prepare and report a bill forthwith to piace the tax- Gtion of the imcome derived from United States bonds by the holders thereof on the same ground as now provided for the payment of the taxation of she Jucome from raliroad and other corporation bouds— that is, that a five per cent income tax shall be deducted from the interest on ail governmeut bonda paid by the United States to the holders thereof, Mc, Peraks moyed to lay the resolution on the table, but afterwards withdrew 1¢, giving notice that if the previous question were not seco! hé would the intention of the body to subvert the constisution | move to refer the resolution to the Committee of Would be as piain a8 though the words were written in the act, ‘this is an unconstitutional and revolu- Ways and Meana, The previous question was not seconded, and, Mr. tionary act.” Would not expect to be | Fannswonta, (rep.) of LiL, rising to debate It, it oveyed m any such The 8} riurther | went over under the role. Ulustrated the propriety of entrusting to Congress Mr. Woop, (dem.) of N. Y., offered @ resolution de- uestions of conslitatiovality alfecting the jegislation of the body, He held that claring that laws giving exclusive privileges or @n- joyments to particular classes or professions are un- ‘the title of the judiciary to its assumed ascendancy | equal, unjust and in violation of the constitution; over the legislation of the nation rested solely upon an implication ot power conferred, which the ju- diciary itself had asserted but which had never been recognized by Congress. An act of Co! pal- pably in violation of the constitution would impart no Judgment of Songresa upon 13 constitu- tionality, bat judgment of an opposite charac- ter to be sustained only by a revolutionary force, Jt might be urged that to give Congress & right to judge of the constitutionally of 11s acts made it in etfectomnipotent. But this objecuon had no force, IMasmuch ag it Was based upon the hy- pothesis that @ majority of Congress would be equally regardiess of their oaths of office, their fealty to the constitution and their duty to the peo- pie. Congress was empowered to make its judg- ment effectual against that of the executive, and the nation must suumit until tt changes that judg- ment at the ballot box, And yet the judiciary claimed the right to reverse that judgment by the mere force of its opinion. If there was to be om- nipotence anywhere tn the judges. Congress was vested with legislative sov- ereignty of the nation; the judges were not. ‘The principle that the power of the people ts to be verlodically returned to legislative and execut! which were continually remined of their accounta- bility; buc in the judiciary were appointed and he quently there was not the same sense xu Scroupie: biuty which existed in the other departmedfs. 6 argument that if Congress could not be restrained vy the judiciary, then private rights had no protec- ton, was one to be used, if anywhere, in the courts, but not in Congress. I¢ assumed a vidlation of private rights by Oongreas—an assumption which should share the fate of all the other dis- carded suppositions of Congressional wrong doings. Privave rights hadever had as zealous advocates in the two hoyses of Congress as any where cise. QUESTION OF PRIVILEGE. ‘The Owarr announced that Mr. Brownlow desired to have read w whe Seuate a communication of a personal character. Tbe Clerk then read a paper received from Mr. Brownlow through the Chair, respectfully asking to be heard by the Senate upon whai he regarded as a question of privilege, growing out of the recent elec- tion in Tennessee, and his personal relauonsto the republican party. His enemies bad been heard Through several of we repudiican journais of the country, and by verbal statements made to the Senate, and he now desired that the other side of the question should have a hearing. CONSIDERATION OF THE SUPREME COURT BILL RE- SUMED, No immediate action was taken upon the request of Mr, Brownlow, and the consideration of the bul before the Senate was continued. The bill was then referred to the Committee on the Judiciary. APPELLATE JURISDICTION OF THE SUPREME COURT. the bil reiating to the appellate jurisdiction of the Supreme Court of On motion of Mr, Teussur the United States in certain cases was taken ap. Mr. SHERMAN said the bill was entirely original; that nothing like tt had ever vefore been proposed in an American Congress, and be hoped 1t would be Those who were opposed to 1t should have the fullest opportunity for laid over until after the holidays, ration, pre} Ma sideration to-morrow or the day afier. The bill was then laid over. vernment it had better be in the representatives of the people than in the mM was embodied in the departments, botn of de) ment the Judges office for life, and conse- . TRUMBULL remarked that the bill contained no Pprincipie not already promuigated, time and again, by the Supreme Court, He proposed to urge iis con- oad at & protective tarid is of that clase of legisia- 01 ‘The previous question was not seconded, and Mr. GARFIELD, (rep.) of Ohio, rising to debate, the resolution went over under the rule. Mr. Davis, (rep.) of N. Y.. offered @ resolution re- qnesting the President vo inform the House whether in his judgment any further legislauion 18 necessary to enable the Executive, 10. secure & more perfect neutrality in any struggle between a European Power and it# Amertcan colony, whenever the latter is @eeking tn good faith by revolution to assert the right of self-government, to the end that the hospi- tality and privileges of the ports of the United States may not be extended to either party to the prejudice or exciusion of the other. ‘The previous question Was not seconded, and Mr. Woop rising to debate tae resolution it went over under the rule, * Mr. Cox offered @ resolution deciaring, as a quo- tation from the President's Message, that ‘among the evils growing out of the late civil war is that of an peace blanc currency; that It 1s one of the highest duties of the government to secure to the citizens @ medium of exchange of fixed, unvarying value;’’ that that implies a retarn to a specie basis; that no substitute for it can be devised, and that it should be commenced now and reached at the ear- Hest possible moment. The previous question was not seconded, and sev- eral members msing to devate the resolution, lt wens over under the rule. THE SEPTEMBER GOLD PANIC. Mr. Fox, (dem.) of N, Y., offered @ resolution for the appointment of a special committee of five to investigate the causes Ulat led to the unusual and extraordinary fluctuations in the New York gold market froin the ist to the 27th of September, 1860, ana especiaily to inquire If the Presideat, Secretary of the Treasury or any officer of the government waa inany manner interested in causing such fuctua- ons, The previous question was not seconded—49 to 97—and Mr, BENJAMIN rising to debate the resolu- tion 1t went over under the rule, The morning hour having expired, Mr. SCHENCK, (rep.) of Ohio, asked unanimous consent to have that resolution modified, referring the investigation to the Commit on Banking and Currency, and omitting any oilensive aliusion to any one, Mr. Fox said be would accept that propositions ‘The SPEAKER intimated to Mr. Schenck that he should modily the resolution 1m the manner shat he desired to offer it. Mr. Fox said ne did not understand that the reso- lntion was wbe modified. He thought the resolu- on Was to be accepted as a Whole and reierred to the Committee 00 Banking and Curreacy, He there- fore withdrew his consent. Mr. SCHENCK moved to suspend the rules. ‘The ruies were suspended, aad the resolution was modified and offered by Mr, Schenck aud adopted by Kesolved, That the Committee on Banking and Currenes be authorized and jastructed to investigate the causes that led to the unusual and extraordinary fluctuations in the gold market of the city of New York, from the 21st to the 2ith of Septe ber, 188%, ana that sald Committee report at its earliest con. e- venience, and be empowered to vend for persons aud papers. SYMPASHY WITH CUBA, Mr, WARD moved to suspend the rulea so that the petiiion from seventy-two thousand three han- dred and eiguty-four cauzens of the State of New York might be presented to the House and read trom the Clerk’s desk. It was a very extraoramary petuion, he said, perhaps the largest that had ever been presented to Congress, and he vhought that it ought to be read. The reading of it woull commit ne ove to the propositions contained in it. Is seemed On motion of Mr. SHBRMAN the te went faw | vo him that whe sufferings of tae Cavan people tn the executive session and shortly after irned. cause of lverty and equal riznts entitied them to the considerauon aud sympathy of He HOUSE OF REPRESENTATIVES. WASHINGTON, Dec, 13, 1859, BILLS REFERRED, Under the call of States for bills (being the busi- ness for the morning hour on Monday) tie folowing bills were mtroduced and ref erred:— By MY. WILLARD, (rep.) of Vt.—I'o amend the National Currency Act. Also to abolish the franking privilege. By Mr. POLAND, (rep.) of Vt.—To simplify aud re- duce the expenses Of taking testimony in estavlish- dng claims for pountiesgand pensions. Aiso providing for @ free system of national banking. By Mr. the surviving soldiers dnd sailors of the war of 1812. By Mr. DEWSESR, (rep.) of N. (,—Granting pen- sions to the surviving soldiers of the war of 1812. Aiso for the building of @ United States Court House at Raleigh, N.C, Aliso granting universal amnesty. By Mr. BECK, granting peastous to the surviving soldiers and sailors of the war of 1812. by Mr. BUTLER, (rep.) Of Tenn.— To provide for the payment of the loyal citizens of Tennessee for quar- termasters’ and, commissary stores tuken oy the federal troops. By Mr.@KNELL, (rep.) of Tenn.—To facilitate the sectiement of the public hands by freedmen. By Mr. MCNEELY, (dem.) of lll.—To establish @ uniform system of naturalization. By Mr. Coox, (rep.) of 1il,—To authorize tha batld- ing of a railroad irom Fort Wayne, Ind., to Ottawa, By Mr. BENJAMIN, (rep.) of Mo.—To define the manner of paying pensions. By Mr, ASPER, (rep.jof Mo.—To repeal the act for the seventh aud subsequent censuses of the takin; United States. : By Mr. CONGER, (rep.) of Mich,—Making appropri- ation for the erection of @ building for @ post oilice and oustom house at Port Huron, wich, By Mr. JOHNSON, (aem.) Of Cal.—For the relief of persons taking timber from the public lands, ByMr. Surru, dem.) ol Oregon—To vacate and pro- vide for the sale of the Umatiila reservation in Ore- ning lands to aid in the construction of rajlroua and telegraph lines from te Columbia god; also gi river to Great Salt Lake. By Mr. CLARKE (rep.), of Kansas, to provide fora puiiding for the use of the revenue and judicial offices of the Untted States in Leavenworth, Kansas; also, for the withholding of money from American - Indians holding white captives, By Mr. Frron, (rep.) of Nev.—To amend the act of the 27th of February, 1865, providing for a Circuit tates for Nevada. Also to pro- vide for the erection'Of a public building in Nevada. of Dacotai—Lo Vacate the Court of the United By Mr, SPiInk, (rep. y Fort Dacotah Military rvation. By Mr, Suaren, «lem.) of Idabo—To provide libra- ries for the Territories. By Mr. CavaNaUGH, (dem.) of Montana—To pro- vide for the settlement and payment of expenses incurred by the terriiortal authorities of Montana in the suppression of Indian hostilities in 1867, ADMISSION OF VIRGINIA Mr. BUTLER, of Mass., Chairman of the Committee resented the following bill, by Mir, FARNSWORTH, also a on Reconatraction, P heretofore introduce’ member of the same committee:— Whereas the people of Virg! tion republican in form and li to the requirements of the act of Congress entitied “An authorizing the aubmiasion of the constitutions of Virgin Missiaaipp! and Texgs to a yoie of the people, aud aathor' Ing the election of tutions and members of Congress," therefore be it Resolved by the Senate and House of the United States of America in Congre: State of Virginia ys @ ‘of the United Stat assembled, That PAINB, (rep.) of ¥ mittee :— 186, Whereas the people of Virginia have adopted @ constite- | have in all respects compited Hon republican in, form, und several acta of ith the requirements of fore, Be it resolved, That the State of Virgit presentation in the Congress of the United 8: Mr. BUTLER introduced the following, VIZ.:~ Whereas the pe: of Virginia hare adopted a constite tion, republican in form, and by equality of in all aitizene af the United Jaw, and has in all respecte complied with ho requirements of the several acts of Congreas providing for the reconstruc: of the late insurrectional of United States hat ved and rent that the people of expecially those heretofore in ‘usurreetion the United ave” renounced all ony right of stoeasion in & State, and that Ley HOw are weil disposed to the government of the United Htaies, and will support and defend the constitution thereo!, und will carry out the provisions of the constitution submit- by the tra: sesurances Virginia, against claims of ted reconal ‘of Congress and ratified by the people of Virginia in the rand apirit; therefore be it Resolved, That ihe sate Of Virginia. ww enuiied to = representation ye Congress of the United States. ‘These several propositions were referred to the GRISWOLD. (dem.) of N. Y.—Authorizing the President to appoint an; attorney at New York city who shall give gratuitous ad vice to pensioners. By Mr. SCOFIELD, (rep.) of Pa.—For the reilef of ve adopted & constitu: in all respects conformed ‘ate ofticers provided by the sald consti- approved April 10, 1469, ‘epreaentativas of ited to representation in the CoD- following re aa @ substitate by Nr. of the Recoustraction Com: wi ‘Congress pro- viding for the reconstruction of the Jate rebel States, there- ntitied wo re- it rovision® assuring the at before the ‘Biates; and whereas the Congress recei thought that the straggle of that peopie for inde- peadence and equai rights chalienged the highest esteem, and that it would be unvecoming the Ame- rican Congress to refuge to listen to the petition of the people of New York asking that the cry of a mil- lion of people, almost within the Americao borders, who are struggling for lperty and lue, should ve heard, ‘The SPEAKER asked if there was any objection. Mr. FARNSWORTH ob) The rules were suspe and the petition was presented, read and referre. to the Committee on Foreign Affairs, ‘Phe petition was read, as follows:— To" THe HONORAULE THK CONGRESS OF THE UNrrED Srarks—We, a8 of the American Union, in bebalf of the principles written in our charter of nativaal indepen- 2 dence, {n the name of liberty aud the sovereignty v. a people struggling to be free, respectfully petition that your honora- bie body do accord to Cuba the rights of a belligerent Power nnd at once recognize the independence of her suas ‘rou the tyranny of a foreign yoke, Which for more than a year they have maintained unaided’ by the triumph of their acua. REMOVAL O¥ POLITICAL DISABILITIES. Several bilis to remove politica: disabilities wero introduced and referred. PETITION OF EMIL RUGER, Mp. CALRIN, (deu.) of N, Y., presented the petition of Ewil Kuger, an American citizen of New \ork city, for redtess for his arrest and imprisonment at Copenbagen by the Panisn government, IMPORTATION OF GUANO. Mr. STARKWEATHER, (rep.) of Conn., presented the petition of 132 merchants and agriculturists for the repeal of all restricuons on the Muportation of guano. BILLS AND RESOLUTIONS. Mr. Patng offered @ resoluuion reciting the claim that the retrocession of Le county of Alexandria to the State of Virginia by tie act of July 9, 1s4u, and by the subsequent proclamation of President kK. was unconstitutional and void, and that Lewis McKenzie claiming @ seat im the House of Repre- sentatives from the Seventh Congressioual district of Virginia, be bemg a citizen of Alexandria, 1s in- ciigible, because be is not ac.tizen of the State of Virginia, and instrucung the Judiciary Committees to inquire whether such relrocession was unconsti- tational and void. The resolution gave rise to considerable discus- sion, being opposed by Messrs, Logan, Schenck and other members. Mr. PAINE intimated that the opposition of Mr. Logan was prompted by a desire ior the removal of the Capitol, which intimation, Mr. LOGAN contra- dicted, asserting that he had not thought of the removal of the Capitol 1n Connection With is Opposi- ton vo the removal, Mr. SCHENCK ridiculed the idea of an opinion of the Judiciary Comm.ttee affecting the constsuuion- ality or unconstitutionality of & law that had been on the statue book for twenty-three or twenty-four years, and thac had been acknowledged oy al brauches of the government. Finally, after considerable debate, the resolution was laid on the table. Mr. ALLISON, (rep.) of lowa, offered a resolution calling on vhe Secretary of War for information in reierence to the completion of the improvements of the Desmoines and Rock Island Kapids of tue Misa sippt Fives, which was adopted. Mr. ASPER offered # resolution directing the super vising arciutect of the J'reasury to consider und re- port upon the erection: of suitable bulldings at St. Joseph, Mo., for a Port Oiice, United States Courts, &c, Adopted, hee verens introduced a bill to refund to the States oi Massacuusetts and Maine the interest paid by them on advances to the United States, and t provide for the defence of the Northeastern frontie Keferred to the Committee on Cialms. Mr. SAKGENT offered @ jomt resolution reciting that a milion acres of fertile lagds in the Siate of Calttorma, formerly reserved for the Soutnern Pacific Ratiroad and recently restored by the Secre- tary of the Interior by an order, to take eifect at thirty days’ notice, will be immediately entered by speculators at private entry to the exclusion of set- tors, unless furtner legislation ts bad, and directing the Secretary of the Interior to suspend the execn- tion of his #aid order until the sudject be considered by this Congress. ‘The joint resolution was passed, Mr. Moons, (rep.) of LiL, otféred @ resoiution re- citing the fact that certain naval officers complained that they had veen overlooked and ignored in the advancement to rank, wad directing the Secretary of the Navy to ‘appoint & board of cers, removed by shetr nigh rs ma all personal latereat in the question, to examine tie cases Compiained of, to re- port their a emg for such action by the Kxecu- Uve and Congress, a8 may seem proper, Referred to tue Committee on Naval A Mr. WELKER, (rep.) Of Onlo, introduced a bill t0 amend the panned ta the National Junction Cormpany. Referred to Commiviee on the District of Columbia. Mr. Cox offered a resolution reciting that it Is ad- visable to modify the taxation and tariff in cases where unjust and burdensome discrimination exists by the present law, and instruct the Committee of Ways and Means to report a btll at once entirely re- pealing the anjust and burdensome taruf on coal for the prompt action of the House and for the revef of the nouseholds of the country. Mr. DICKRY, (rep.) of Pa., objected. Mr. Cox moved to suspend the rules. The rales CONTINUED ON SENTH PAGE