236 



CONGRESS, UNITED STATES. (THE FITZ-JOHN PORTER CASE.) 



free ships, Finally, the following substitute 

 was adopted : yeas, 135 ; nays, 85 ; not vot- 

 ing, 69 : 



SECTION 18. When any American vessel shall be 

 constructed, equipped, repaired, refitted, or supplied 

 with ship's stores for the foreign trade, including the 

 trade between the Atlantic and Pacific ports of the 

 United States, in whole or in part, of materials of the 

 production of the United States, the owner or owners 

 of such vessel shall be entitled to receive and collect 

 from the United States a drawback or sum equal in 

 amount to the duty which would have been collected 

 on imported materials of like description and of equal 

 quality with the American materials used in the con- 

 struction, equipment, engines, boilers, attachments, 

 and other appurtenances of such vessel, including re- 

 pairs, outfits, and supplies : Provided, That in ascer- 

 taining such drawback the duty shall be computed 

 on iron and steel advanced in manufacture not be- 

 yond the point of plates, angles, bars, and rods : Pro- 

 vided also, That such drawback on any article shall 

 not exceed the difference between the market price 

 of such article hi the collection district in which the 

 vessel shall be built, repaired, refitted, or supplied, 

 and the market price of a similar article in the city of 

 Glasgow, or the river Clyde, and shall not exceed 

 $10 per ton admeasurement in the case of the original 

 construction of any sailing-vessel, and $25 per ton in 

 the case of the original construction of any vessel pro- 

 pelled in whole or in part by steam ; and, in the ag- 

 gregate, the drawback or sum paid under this section 

 shall not in any one year exceed the amount of ton- 

 nage-tax collected in such year: And provided fur- 

 ther, If^the fund herein provided in any one year is 

 insufficient to pay in full the amount of claims pre- 

 ferred against it, then it shall be prorated among the 

 claimants and accepted by them in full payment of all 

 claims against the United States arising' out of this 

 law: And provided further, That this '"section shall 

 apply only to vessels commenced, repaired, refitted, 

 or supplied after the passage of this act. 



That from and after the 1st day of April, 1883, any 

 citizen or citizens of the United States may purchase 

 the whole of any steam or sail vessel constructed 

 mainly of steel or iron, no matter where said vessel 

 may have been built, whether within the United 

 States or in a foreign country, or whether said vessel 

 may have been owned in whole or in part by an alien 

 or aliens ; and said vessels shall be registered free of 

 duty as to the hull, spars, appliances, outfit, and equip- 

 ment (including boilers, engines, and machinery, if a 

 steam- vessel) as a vessel of the United States by the 

 collector in any port of entry of the United States to 

 whom application for such registry may be made by 

 said citizen or citizens, in the same manner as though 

 said vessel had been built in the United States : Pro- 

 vided, however, That this section shall apply only to 

 vessels of more than 1 ,500 tons registry, to be employed 

 in the foreign carrying-trade exclusively, and not in 

 the coastwise trade, excepting between ports on the 

 Atlantic- and ports on the Pacific ocean: Provided, 

 That all or any part of the materials, whether wood, 

 steel, or iron, copper, yellow metal, bolts, spikes, 

 sheathing, treenails, canvas for sails, whether flax or 

 cotton, rigging and cordage, whether hemp, manila 

 hemp, or iron wire ; anchors and cables, iron plates, 

 castings,, and forgings, angle-irons, beams, masts, 

 yards, rivets, bolts, nuts, screws, engines, boiler plates 

 and tubes, and machinery, and all other materials 

 and appliances which may be necessary for the con- 

 struction and equipment, in whole or in part, of ves- 

 sels to be built and furnished in the United States 

 after the 1st day of April, 1883, for the foreign trade, 

 including the ^ trade between Atlantic and Pacific 

 p^orts, may be imported in bond under such regula- 

 tions as th6 Secretary of the Treasury may prescribe ; 

 and upon proof that such materials have been used 

 for such purpose, no duties shall be collected or paid 

 thereon. 



Section 22 was stricken out altogether, in 

 deference to the opinion of those who opposed 

 its constitutionality. 



Finally, the measure was amended by strik< 

 ing out the eighteenth, nineteenth, and twen- 

 tieth sections relating to subsidies and free 

 ships, and the machinery for carrying out the 

 subsidy and free-ship provisions. The vote on 

 this radical change was as follows : 



YEAS Anderson, Armfield, Atherton, Atkins, Barr 

 Bayne, Berry, Bingham, Bisbce, Blackburn, Bland, 

 Blount, Bowman, Briggs, Brumm, Buchanan, Buck, 

 Julius C. Bui-rows, Butterworth, Cabell, Caldwell, 

 Campbell, Carlisle, Chace, Clardy, Clark, Clements 

 Cobb, Converse, Cook, Covington, William R. Cox, 

 Crapo, Cravens, Crowley, Culberson, Cullen, Curtin, 

 George R. Davis, Dawes, Dezendorf, Dingley, Ellis 

 Ermentrout, Errett, Ford, Forney, Frost, decides, 

 Godshalk, Grout, Hall, N. J. Hammond, Harmer, 

 Benj. W. Harris, Haseltine, Haskell, Hatch, Heil- 

 man, Herbert, Hill, Hitt, Holman, House, Hubbs, 

 Humphrey, Jacobs, Jaclwin, Geo. W. Jones, Phineas 

 Jones, Joyce, Kelley, Ketcham, Klotz, Knott, Lacey, 

 Ladd. Latham, Le Fevre, Lewis, Lindsey, Lord, 

 Lynch, Mackey, Matson, McClure, McKin'ley, Jas. 

 H. McLean, McMillin, Miles, Miller, Mills, Money, 

 Moore, Morey, Morrison, Mosgrove, Moulton, Murch, 

 Mutchler, Neal,Norcross,Oates ,0'Neill, Peelle,Peirce, 

 Pettibone, Phister, Prescott, Randall, Ranney, Ray, 

 Reed, Reese, John B. Rice, Theron M. Rice, Wm. 

 W. Rice, Rich, Ritchie, Geo. D. Robinson, Jas. S. 

 Robinson, Russell, Ryan, Scranton, Shallcnbcrger, 

 Jas. W. Singleton, Otho R. Singleton, Skinner, 

 Smalls, A. Herr Smith, Sparks, Spooner, Springer, 

 Stcele, Stockslager, Taylor, Thomas, P. B. Thomp- 

 son, Wm. G. Thompson, Amos Townsend, R. W. 

 Townshend, Henry G. Turner, Oscar Turner, Ty- 

 ler, Vance, Van Aernani, Van Horn, Van Voorhis, 

 Wait, Walker, Ward, Warner, Watson, Webber, 

 Wellborn, Whitthorne, Chas. G. Williams, Willis, 

 Willits-159. 



NAYS Aiken, Aldrich, Barbour, Beach, Belmont, 

 Bliss, Bragg, Buckner, Candler, Cannon, Carpenter, 

 Cassidy, Samuel S. Cox, Cutts, Lowndes H. Davis, 

 Deering, De Motte, Dowd, Dwight, Evins, Sewell S. 

 FarwelT, Flower, Garrison, Guenther, Hardenbergh, 

 Hardy, Hepburn, G. W. Hewitt, Hoge, Jorgensen, 

 Kasson, King, Leedom, McCoid, McCook, Robt. M. 

 McLane, Morse, Nolan^ Page, Parker, Payson, 

 Phelps, Scoville, Sherwin, Simonton, Dietrich C. 

 Smith, Speer, Stone, Strait, Tucker, Updegraff, Up- 

 son, Wadsworth, Walter A. Wood. 54. 



NOT VOTING Belford, Beltzhoover, Black, Blan- 

 chard, Brewer, Browne, Jos. H. Burrows, Calkins, 

 Camp, Caswell, Chapman. Colerick, Cornell-Darrall, 

 Davidson, Deuster, Dibrell, Dugro, Dunn, Dunnell, 

 Chas. B. Farwell, Fisher, Fulkerson, George, Gib- 

 son, Gunter, John Hammond, Henry S. Harris, Ila- 

 zelton, Henderson, Herndon, Abram S. Hewitt, His- 

 cock, Hoblitzell, Hooker, Horr, Houk, Ilubbell, 

 Hutchins, James K. Jones, Kenna, Manning, Marsh, 

 Martin, Mason, McKenzie. Muldrow, Pacbeco, Paul, 

 Pound, Reagan, D. P. Richardson, J. S. Richardson, 

 Robertson, Robeson, Wm. E. Robinson, Rosecrans, 

 Ross, Scales, Shackclford, Shelley, Shultz, J. Hyatt 

 Smith, Spaulding, Talbott. Urner, Valentine.Wash- 

 burn, West, White, Williams, Thomas, Wilson, 

 George D. Wise, Morgan R. Wise, Benjamin Wood, 

 Young VB. 



The bill as amended then passed the House, 

 Jan. 12, 1883. It came up for consideration in 

 the Senate March 3, 1883, and was amended by 

 striking out sections 13, 14, 15, and 22. It then 

 passed that body. 



The Fitz-Jobn Porter Case. The bill for the re- 

 lief of Fitz- John Porter came up in the Senate 





