1888. CONGRESSIONAL RECORD-HOUSE. -6293

The following petitio~, indorsing the per diem rated service-pension I Mr. BLAND. I t is not fair to require th. ese officers to remain here bill, based on the principle of paying all soldiers, sailors, and marines such unreasonable hours. . . . of the late war a monthly pension of 1 cent a day for each day they The SPEAKER. The gentleman from Illinois has obJected. were in the service, was referred to the Committee on Invalid Pensions: Mr. BLAND. I give notice that hereafter I shall object to all other By Mr. McCULLOGH: Of Jacob Swart and others, of A. B. Pratt night sessions unless the limit of half past 10 o'clock is fixed for ad- and others, of W. H. Virgin and others, of Harrison Morris and others, journment. · of James M. Fineli and others, and of Linsey Black and others, of POST-OFFICE APPROPRIATION BILL. Greene County, Pennsylvania. Mr. BLOUNT. I desire to call up the Senate amendments to the Post-Office appropriation bill. The following petition for the repeal or modification of the internal- Mr. PETE 1{8. I believe I have twenty-one minutes left. I shall revenue tax of 25 levied on druggists was received and referred to the be able only in the time remaining to notice some ofihe objections that Committee on Ways and Means: have been made to this amendment. The first objection was the Pa­ By Mr. GRIMES: Of D. U. Hall, Wesley Jefferson, and others, citi- cific mail scandal. The gentleman from Georgia [Mr. BLOUNT], from zens of Marion County, Georgia. Indiana [Mr. HOLMAN], and from 1'11issouri [Mr. DocKERY], almost · shed tears over the fall of certain statesmen whose garments were singed · 'l'be following petition, praying for the enactment of a law provid- · and who were in position in this House when action was taken. I have ing temporary aid for common schools, to be disbursed on the basis of no time to shed tea,rs over the fall of any man who in public life per- illiteracy, was referred to the Committee on Education: mitted his political skirts to be besmirched by a corrupt lobby. He By Mr. HERMANN: Of 49 citizens of Benton County, Oregon. who accepts public position and then allows his action to be influenced either directly or indirectly by corrupt influences should be hurled from power without sympathy and without pity from the people. We are hereto deal not with the past, but. with the present and the fu­ HOUSE OF REPRESENTATIVES. ture. If the gentlemen are afraid to trust themselves, then they should T z 14 1888 re13ign and go home. If they can not withstand t emptation, then this S A]'URDAY, uU Y ' • . is no place tor them. Iftbey are afraid totrusttheirPostmaster·General The House met at 11 o'clock a. m. Prayer by the Chaplain, Rev. ! with that discretion that is always necessary to accompany a lodgment W. H. MILBURN, D. D. of power, then he, too, shoulU resign and give place to a man who bas The Journal of yesterday's proceedings was read and approved. a firmer mold. 1'11r. HOLUAN. Will the gentleman yield for a question? SARAH L. LARIMER. l\fr. PETERS. I can not, because my time is limited. The SPEAKER. laid before the House the bill (S. 2563) to compen­ Mr. HOLMAN. I suppose the gentleman t]links there should be a. sate Mrs. Sarah L. Larimer for important services rendered the mili­ great deal of sympathy for the corporation that corrupted the members. tary authorities in 1864 at Deer Creek Station, Wyoming, and for loss Mr. PETERS. That may be the gentleman's idea., but it is not of property taken by Sioux Indians; which was referred to the Select mine. He may have sympathy with such.corporations, but it is known Committee on Indian Depredation Claims, and ordered to be printed. from my course in this body that I have none. It was not necessary for him to ask the question. BRIDGE ACROSS ARKANSAS RIVER, ETC. Because unholv influences entered this Hall years ago is no reason The SPEAKER also laid before the House the following request of why we now, as the Representatives of the people, should hesitate to do the Senate: our duty. If that is a. correct rule of action then we should at once cut IN THE SENATE oF· THE ·uNITED .STATES, July 12• 1888· off from this bill all appropriation for star routes, because forsooth, in 01·de1·ed That the Secretary be directed to request the House of Representa- ti.m""s pas'-"· fr"ud bas been perpetrated in the expedition of that service. t.ives to r~turn t-o the Senate the bill {S. 3215) to authorize the construction of a c "" bridge across the Arkansas River, at or near Cummings Landing, Lincoln 'Ve might as well abandon Christianity because a J udas betrayed County, Arkansas. his Christ. We might as well discard patriotism because a Benedict Mr. CLARDY. Mr. Speaker, the House bill reported on yesterday Arnold betrayed his country for British gold. We might as well wipe I believe is identical with that bill. from our statute-books all laws punishing murder because a Guiteau The SPEAKER. The Senate has asked to have the bill returned. If assassinated a Garfield. there be no objection, the Committee on Commerce will be discharged The second objection that has been urged is that we now pay a. hun­ from the further consideration of this bill and it will be returned to dred and fifteen times more for mail than is paid for freight on these the Senate in accordance with the request of that body. steam-ship lines. And l1as it come to this, that in this, the light of the There was no objection. nineteenth century, burning, live intelligence is to be placed on a par, ENROLLED BILLS SIGNED. on a.n e_qual footint: with dead frei~bt; ~hat we are ~o pa~ no mo~e to . . I transmit the burrung thought of mtelltgence, teemmg w1th busmess Mr. FISHE~, from the Committee on Enr_olled Bills, rep~rted. tha~ hopes and inspirations than for the senseless mess pork or codfish o! they had exammed ~nd found duly enrolled bills of the followmg titles • Ico mmerce? On t with such a comparison. It should have no place in when ~he Speaker stgned the sa?le: this progressive age of ours. A b~ (H. R. 474) for t~e rehefof<;ie~eral G. Cl~seret; Another obiectiou urged is that the granting of this appropriation A blll (H. R. _8989) makm~al?propnat10ns ~o provide for the expenses will embarrass the Postmaster-General and the Post-Office Department. ?f the government of the District of Col~bia. for the fiscal year end- The appropriation in this bill for carrying the mail from •.rampa to mg J11:ne 30, 1889, and for o~her purposes,. a~d Havana is open to the same objection. Every dollar appropriated for • A. bill (H. R. 10233) makmg an.appropr~twn for the Department of carrying the mail along our coasts is open to the same objection. Agnculture for the fiscal year ending June 0 0, 1889, and for other pur- EYery dollar appropriated for carrying our fast mails upon our railroads poses. is open to the same objection. Position, effort, and responsibility, re- NEWSPAPERS, ETC., SOLD ON TRAINS, ETC. quiring intellectual exertion, is embarrassing, but who ever beard be- Mr. PHELAN, by unanimous consent, introduced a bill (H. R. fore this reason urged for the standing still of our car of national prog- 101329) to prevent disctimination in the selling of literary matter, news- ress? papers, journals, periodicals, or magazines on railway trains, in rail- Another objection urged by the gentleman from Georgia[Mr. BLOUNT] way stations, on steam-ships or steam-ship docks; which was read a was that it would create such an unnatural stimulus in the building first and second time, referred to the Committee on Commerce, and of new lines that the competition would soon produce bankruptcy as ordered to be printed. it did in England and Germany some time ago. Our carrying trade, OFFICERS DROPPED FROM THE ROLLS. I think, can stand a good deal of stimulus; and when we reach that period when competition tends to bankruptcy, if we ever do, then we · Mr. LEE, by unanimous consent, offered the following resolution; can withhold the appropriation. If the subsidies granted by the Ger­ which was referred to the Committee on ~iilitary Affair.;;, and ordered to man and English nations flooded the seas with ships, ,and the proposi­ be printed: . tion in this bill is a subsidy, then certainly it is a very strong argu­ Resolved, That the Secretary of the Interior be, and he is hereby, requested to ment in favor of our granting it, because our country certainly needs Inform the House of Representatives what action has been taken by him, if any, with reference to officers of the United States Navy and Marine Corps who to have a stimulus; needs to have our seas flooded with American ves­ served honorably through the 1\Ie.xican war, and whose names have been sels. I for one sliould like to see a :flood o( that kind. dropped from the rolls. But here there is a glaring inconsistency in the argument of the op-• ORDER OF BUSINESS. ponents of this measure. In one breath they declare that it would so l'lfr. BLAND. In the interest of the officers of the House, some of increase the number of steam-ship lines, would so increase the supply whom are already sick in consequence of overwork at night sessions. of vessels in the American carrying trade that each would have but I ask that the evening sessions hereafter be limited to half past ten little to do and become bankrupt. In the next breath they assert that ~)'clock. the granting of these subsidies, as they call them, would not accorn- The SPEAKER. Is there objection to the request of the gentleman plish the result. It would not .increase the carrying trade. It would jrom Missouri? not increase the steam-ship lines, and the Pos~master-General would .Mr. HOPKINS, of illinois. I object. be compelled to distribute the amount of money umong lines already 6294 CONGRESSIONAL RECORD-HOUSE. JULY 14,

inexistence. At least one of these positions cannot be correct, and I sus­ Gentle~ en say, "we know just what lines will get this. money;" the pect neither of them is correct. If the first position be correct, then we gentleman from Missouri [U1-. DoCKERY] ingeniously figures out just .can remedy that by withholding the appropriation at the proper time. what amount will go to each line, and then they raise their bands in If the subsidies offered by the German and English nations did Greate holy horror and say, "Do you want it to go to the Pacific Mail; to go an unhealtlly stimulus, then that is the best evidence in the world that into the coffers of Gould and Huntington and that class of rascals?'' the subsidies granted were greater than necessary. I think more of the Postmaster-General than you seem to do. He The gentleman from Missouri (.1\Ir. DocKERY] says the amount of­ was a class-mate of mine and I have confidence in him. I know that if fered in iliis bill will not increase the lines, because of the increased he gives it to the Pacific Mail, or to the Brazilian line, he will do so cost of the construction of the American ship and the increased cost of because he can get the best service for the least money. lie is not the labor in running the ship. compelled under this amendment to give them any amount of money His argument is, that you must either hal'e free ships and cheap because the clause "not exceeding" qualifies thewhole amendment. It

pauper labor or you must give four million of subsidy to place us on is all idle to talk about the Postmaster-General not h:1vin0'0 a discretion an equal footing with England and Germany. I wish I had time to under this amendment. He need give them only what he gives foreign talk for a few moments upon thatquestion. We do pay morefor labor steam-shipl? for carrying our mail. A11d here I want to allude to an­ than England does, because our labor is intelligent labor; because the other fact. You gentlemen who talk so loudly against this proposi­ sailor and th~ m::rrine that goesdownint.o the ship has the same power tion are talking in the interest of the subsidized lines of England, Ger­ at the ballot-box that the President of the U nitedStates bas. The Amer­ many, and France. ican system treats him as a component part of our political govern­ Defeat this proposition, and the result is in the interest of the En­ ment. Our laws treat him as an intelligent being, }Vho has a right to glish aristocrat, the German monopolist, and the French banker. You aspire to the highest office in the gift of the people; as an intelligence assist England to subsidize her lines; you enable Germany to rob us ot that has a mind; a soul that has feeling, has sympathy, inspiration, a territory and a trade that belongs to us under the Monroe doctrine; you intuition; that has a right to have a home and a fireside, a family despoil our farmers of a market for their surplus products in a neighbor­ circle and loved ones about him. ing country for tho benefit of foreigners and a foreiO'u country; you If it takes millions of subsidy from our overflowing Treasury to pay close South American ports :1-!,?:ainst the products of the labor of .Ameri­ American workmen to build ships and to pay American sailors to sail can_ wo~kmen, and fill the sails of foreign vessels supplying a trade American vessels to compete with England and Germany, then, rather which nghtfully belongs to us. than ha•e the American ship-builder and his family go without bread You cry out "Subsidy, subsidy, subsidy," and yet if this proposi­ and education and the American sailor and his family go without the tion of the gentleman from Pennsylvania be asub'3idy, then you bv pass­ comforts of life, then, I say, let the doors of the Treasury be opened and ing this bill vote like subsidies to get your mail carried in foreigll' ships. let the millions roll forth. {Applause on the Republican side.] The bw now authorizes the Postmaster-General to give to these for­ You propose to convert the American ship-builder and the American e~gn ships !'or ~rrying the mail the sea and inland postage. Do you sailor into a tramp and a Tagrant and send their families to the alms­ gLve anyt!rlng hke _sucJ: a sum to the railroads for carrying your mail? houses of the land, because you can purchase English ships cheaper Do _you g1ve anythmg hke such a sum to the star routes carrying your and hire English sailors at a less price. I am for the American work­ matls to your own people? Do you give anything like such a sum to ingman, the American srilor, the American mechanic first, last, and your own people for carrying your mails anywhere? It is a gratuity all tlle time, even though -he may be a little more e..~pensive than the you are giving to the foreigner. It is a gift you are giving to the for­ English mechanic or the English sailor. eigner. It is a subsidy you are giving to the foreigner, if the proposi­ The gentleman from Missouri [Mr. DocKERY] says the amount pro­ tion of the gentleman from Pennsylvania is a subsidy. For my p:1rt posed in this bill will not accomplish the object; he says that· we tried if we are to give these gifts and gratuities and subsidies I want to give it from 1866 to 1871, and that each successive year our merchant ma­ them to Americans instead of English; I want to give them to citi­ rine grew less and less, and then went on in almost the same breath to zens of the United States inst-ead of to citizens of the German Empira · answer his own argument, and show that the cause of the declension I want to give them to people who live here ruther than to people wh~ of the merchant marine was due to certain causes entirely disconnected li >e beneath the French flag. Why is the name subsidy lugged in here • with the law that he instances. He answered himself when he said where it does not belong? Why is the name of Gould and Huntington that one of the causes of the decline of the merchant marine was the injected into this debate where it has no place? opening of the great West immediately after the war. The sailor and Mr. DOCKERY. Becan&..e they are the beneficiaries. the marine who had served upon the sea during the war beard ot Mr. PETERS. Who are the beneficiaries? "Uncle Sam's" farm west of the Mississippi-and he wanted a piece Mr. DOCKERY. Jay Gould and Huntington. of it. ]rlr. PETERS. I say the British monopolists that own the British He ceased to be a seafaring man and became a wayfaring man, and steam-ship lines are the beneficiaries of the law that you argue in favor traveled. westward, and this desire to get western homes so decreased of, and desire to enact in the place of the law proposed by the gentle­ the supply of sailors that it made it almost impossible to get men to man man from Penns_Y~vania. Choose ye between the British monopolists, American ships. But this was only one of the causes and was not by between the Bntish bankers and the German aristocrats on the one any means even the main cause. The war itself, the battle of the side and the American citizen on the other. Monitor and Merrimac in Hampton Roads, the transition from wood Gould and Huntington are referred to for the purpose of arousing to iron and steel, the treachery of England and the destruction of our your prejudices and warping your judgment. The opposition to this marine by her privateers, are causes that led to this declension, and it amendment is in the interest of British gold and German capitaJ.. For · would have taken millions upon millions of money to have stayed my part I have no love for Gould or Huntington. I do not know them it, money which, at that time, our Government did not have; so that personally. If what has been charged against them is true they de­ • the declension of our merchant marine in the face of the appropriations serve the most condign condemnation of the American people. If what that were made by the Government then is no argument against the has been said of them be true 'tihey are nothing but disreputable spec­ appropriation now. Not one of the causes which produced tf:tat result ulators. But they are Americans, and have property in this country, exist to-day. and pay taxes in this country, and help to support the Government. But there is still another reason why that was not a fair test, and And if we are going to give gifts and gratuities and subsidies, if you why it is not an argument in favor of the position assumed by the please, for the purpose of getting our mails carried, and I must choose gentleman from Missouri (Mr. DocKERY]. between an American speculator ~nd a foreign aristocrat, I will choose The appropriation about which the gentleman talks was made to cer­ in favor of the American every time. If the gratuity is given to them tain steam-ship lines; made not so much for the purpose of establish­ and they fail to render just and accurate compensation such as thecon­ ing new lines, but made, if possible, to save some out of t~e wreck that tract required, then they are within our reach and amenable to our was going o'n. laws, while the English aristocrats, the German monopolists, and the The proposition to-day is entirely different. It proposes to set apart French capitalists can_snap their fingers at us and ask us what are we a fund to be used by the Postmaster-General for a certain purpose. going to do about it? If you gentlemen who oppose this a.mendmep.t Not a dollar of it is to be given to any particular line by name. It desire to stand in the position of favoring foreign monopolies and for­ only authorizes the giving of an extraordin::rry compensation for c..'U'­ eign monopolists, that is your privilege. But as for me, my motto shall rying the mail to South America either by existing lines or by lines to be" Americans, maytheyalwaysberight! Butright orwrong, Ameri­ be hereafter established. And gentlemen lose sight of another fact. It cans forever ! '' is not the mere carrying of the mail that is the object to be competed It has been suggested, Ur. Speaker, that upon the same ground we • for by these various steam-ship lines. That is but a small item, a com­ should stop the mail transportation over the Missouri Pacific Railroad, paratively insignificant matter. because Mr. Jay Gould owns a controlling interest in that line. I tell It is the commerce that the carrying of this mail will bring to the you, gentlemen, that argument will not stand the test of reason. vessels that carry it that will be the great stimulus to the establishing And now, l\1r. Chairman, I want to call attention to the object that of new lines. Why is it that steam-boats on our inland rivers adver­ is sought to be accomplished by the voting of this appropriation. What tise themselves as carrying the United States mail whenever they have is the prize that we are seeking for ? It is the trade and commerce of that privileg-e? Why is it that ocean steam-ships plying between our South America. South America, Central America, and theWest Indies country and foreign countries adverti.se themselves a.<> mail lines? have a population of 40,000,000 of people. They have an area twice as It is because of the additional patronage that this brings. large as that of the United States. Their exports and imports last year 1888. CONGRESSIONAL RECORD-ROUSE. 6295 were over 5700,000,000. It is that 1-?:Teat trade that we are seeking. Mr. ROGERS. That is the way this proposition strikes an honest That is the object that we are striving for by this amendment. That farmer out in Arkansas; and I have no doubt that the Kansas farm~s is the prize that we are trying to wrest from Great Britain, from Ger­ will begin to see just where and how the public opinion is manufact­ many, from Italy, from Holland, from Belgium, and from France. ured-which begets the zeal of tlle gentleman from Kansas who has just 1\lr. HOPKINS, of Illinois. Have you any evidence that this pro­ addressed the House. posed amendment will reach the result you speak of? If time permitted, I should be glad to r ead ': between the lines '' this .Mr. PETERS. I have this evidence only, tbat whenever you in­ letter from the distinguished president of the United States and Brazil crease the mail facilities between this country and that yon thereby in­ Steam-ship Company. It deserves to be read "between the lines." It crease the commerce between this country and that, and this amend­ is due to myself to say that while I am compelled to accept tl1 e state­ ment will be n. step in the direction of the object which we desire to ment that a copy of this letter has been sent to the President, tlle lllem­ attain. I do not claim that this amendment will accomplish the result bers of his Cabinet, and to Senators and Representatives in Congress ·at once. I clu,im simply that it is one step in the direction in which (because the writer is an honorable gentleman), I did not get my copy American progress and American thought and American hope and of this letter; and if it had not approached me, jn the forcible language American inspiration point. [Applause.] of my farmer friend, through the ''back door," I should not perhaps As an illustration of the wonderfnl growth and development of the have received it at all. But it came, and merits my attention. countriP.s whose trade we are seeking, I wish to call attention to the I will take occasion at this moment to allude very briefly to· this Argentine Republic. That republic has a population of about 4, 000,000. pamphlet which was inclosed to my farmer constituent; and I only wish They built, in 1887, over 5, 000 miles of railroad, and they will have an time would permit me to analyze it. Among other things it states immigration during the present year ofover200,000 souls. [Applause.] that :Mr. Thurber out of pure patriotism has invested $100,000 in this The SPEAKER pro tempore. The time of the gentleman has expired. business because, to use his own langua.ge- Mr. ROGERS. 1\fr. Speaker, even if time permitted, I have no dis­ It is a shame that American merchants should be obliged to send their leiters position to engage in an elaborate d.ebate of the question now presented to South America via Li-verpool. to the House. I rise for the purpose of placing upon record some infor­ The pamphlet continues as follows: mation showing where the false sentiment which lies behind the idea He has since accepted the presidency of the line without pay- of subsidy originates and how it is corruptly and clandestinely worked And the words "without pay" are italicised, to give emphasis to the up. I send to the Clerk's desk a letter which I ask that he will read, sacrifice- including the printed caption at its bend. and is endea>oring to prove that Americans have sense enough to do as their The Clerk read as follows: successful competitors for the world's trade do, and as Americans themsel'\'es [United States and Brazil Steam-ship Company, office of president, Mills build­ do on land, pay a fair price for mail service whether the postage in any par­ ing, corner Broad street and Exchange Place.] ticular route meets the expense or not. That man is H. K. Thurber, etc. NEW YORK, Septembet· -, 1887. By what method is it that this patriotic, self-sacrificing president DEAR Sm: The inclo!ed small pamphlet contains, in a condensed form, a state­ ment of a subject in which I believe you are interested. It has been sent to the of the United States and Brazil Steam-ship Company proposes to dem­ President and members of t-he Cabinet, to members of Congress, and other in­ onstrate that Amerie&ns have sense enough to do as their successfnl fluential persons. The officers of our Government are doubtless desirous of doing competitors for the world's trade do? And what is it this guileless, what is for the best interest of our country, but they are without knowledge of all the circumstances and doubtless believe they are representing public opinion innocent patriot wants? It is the ''world's trade," and he proposes to in pursuing the policy they have in the past; but I firmly believe they are wrong have the people buy it for him by appropriations made to subsidize his in this. own steam-ship lines, so that he gets the subsidy first and then he gets Tlley do not appreciate that all classes are deevly interested in restoring oru· commerce to its former position on the seas, and all it needs is an expression of t,he world's trade to build up his mammoth business in New York, and opinion to those in authority, upon this subject, to induce them to take favora­ all under the guise that it is- ble action. If, after reading this little pamphlet, you agree in the views therein expressed, will you not write letters to President Cleveland and to Postmaster­ a shame that American merchants should be obliged to send their letters to General Vilas, at 'Vasbington, expressing the hope that they will use tlleir South America via Liverpool. la1·ge influenC'e to reverse the policy of ourGovernmcnt toward our commercial In another place this pamphlet makes the .inquiry: marine which has resulted so disastrously, and ina.ugumte the same principle in the carriage of ocean mails a.s is practiced by us on land, namely, paying Why not afford the American shipping industry adequate protection, as other whnt the service is worth, regardless of the postage collected on any particular industries are protected? 1Vhen the industry was at its best there were 2,188 route? If you will also do the same with your member of Congress and United American ship-yards; they employed 2l,S45 hands; the annual wages paid them States Senator, anu with the editors of papers with whom you may be ac­ amounted to $12,713,815; the capital invested was $20,979,874, and the annual quainted or with whom you may do business, I believe tlmt the business merits value of tpe product $30,800,327. It was an industry worth protecting. of the proposition are so plain that when they are known a public opinioa will arise which will speedily overcome the false theories which have resulted so When was it, Mr. Speaker, this happy condition of things existed? disastrously to our foreign commerce. Every man possesses some influence, Was it under the auspices of this protective system, now invoked by and surely it can not be exercised in any better cause t-han this. this unsophisticated patriot, whose very bowels yearn for the honor I shall also be pleased to have an expression of views from you upon this sub­ ject, and, if you desire, will forward you from time to time suggestions and in­ and glory of his country, and who out-Jeremiahs Jeremiah in his lam­ form ation bearing upon this subject, but I trust that you will at once act upon entations over the decline of our mercbant marine? Let his little the suggestion of writing the officials above suggested and also any otber influ­ pamphlet answer. Says he: ential friends you may have. Very truly, yours, In 1856 American vessels carried 75 per cent. of all our imports and exports; H. K. THURBER, in 1886 but 25 per cent. Praidtmt Un ited States and Bl'=il MaiL Steam-ship Company. The following table from the United States Bureau of Statistics shows the Mr. ROGERS. M:r. Speaker, I am advised, whether correctly or not rapid decline of American and the l'ise of foreign shipping interests, and empha- . I tt . t th h d f th l t sizes in a stronger manner than anything we can say the folly of the one plan 1 d o not kn ow, t h a t th e auth orof thlS e er lS a e ea o e arges and the wisdom of the other. wholesale grocery establishment in the world, certainly the largest in '.ronnage of AI?erican an9- foreign Yessels entering the ports of the United this country. He therefore is not dependent necessarily upon the States from foreJgn countnes- bountics of the Government for a livin_g. He is not a beggar from~------=------,,----- necrssity. It is from pure choice or pure patriotism, or because it is Year_ American. Foreign. fashionable ancl customary nowadays for others similarly situated to I do it. It will he ob~erved that this circular letter concludes by cain- Per cent._ Per cent. estly requesting my good farmer friend and constituent to give him an 1851 to 1860...... 67 33 expression of his views on the proposition presented to subsidize the )1881 to 1886...... 21* 79 steam-ship line of which the writer of the letter just read is president. ------_-______...:._ ____:_ ____ I send to the Clerk's desk, for the benefit of the distinguished author *Now estimated at but 14 per cent. of that letter, the answer of my constitutent giving his views upon the And so it was in the good old Democratic days, when an American subject ofsnbsidies. could buy his ship in any marketand sail it under the flag of his own The Cl~k read as follows: country, and none dared to molest him or make him afraid. It was · ALMA, ARK., Septemhel' 19. long before the fallacious dogma ever found birth, that the way to make DEAR. SIR: I am in receipt of a letter and pamphlet-which I inclose-in a. people rich is to tax them, that the way'to protect a people is to lay which I am informed that I" am interested." Probably I am. I do not know, nor have I time to inquire or make the investigation necessary. I have, to- burdens on them and fetter and restrict..their commercial relations with gether with others, elected a man to look after my in tere~t in these cases, and I the world. But this very interesting pamphlet continues: ha'\'e confidence in his ability and disposition to deal ·with tllem. It looks a little to me like a "job." For that reason I send it to you, that you Americans are not inferior either on land or sea. to any people in the world. may know from whence emanates the backing for any letters you may receh-e Our wages may be higher, but our skill is greater; we utilize machinery to a. fro01 your constituents, as I suppose this document is likely scattered broad­ greater extent; we are fertile in expedients; we get more work from the same cast so as to come in on you at the ''back door." number of men, but we can not overcome the fact that the governments of com­ I will say this. If the object sought ls to subsidize a line for export of peting nations havesupported their steam lineswhileourshas treated our ship­ merchandise I amoppo ed to it. 'Ve have" protected" our manufacturers un­ ping interests wilh indi1ference and neglect. One-tenth of the surplus in the til our people arc unuble-too poor-to consume' their product; no "o\-erpro­ Treasury, now acting as a menace to all industry, or one-quarter of the sum now authorized for the building of war ships, if expended o"er a period of ten years, duction" in the C!lse. Now, do they, the manufacturers, want the Government would give us a fleet of swift merchant steamers that would carry our flag reg­ to transport l}lll' goods to foreign markets so that they can compete with honest ularly into the principal ports of the world, that would utilize the products of men in the nmrkets of the world? Are our "infant industries" to remain for­ our mines and our forests, that would furnish remunerative employment to ever in a state of helpless inlbecility? thousands of our mechanics and laborers, and enable these materials and men Yours, truly, to earn more than $100.000,000 annually in carrying our own product-s to mar­ J. K. P. DOUGLASS. ket which now go into the pockets of fot·eign ship-owners. Ron. JonN II. RoGERS, One-tenth of the surplus in the Treasury now acting as a m.cnace to all indus­ • l!'m·t Smith. try- -

' 6296 CONGRESSIONAL RECORD-HOUSE. JULY 14, ' "Mark the perfect man, and behold the upright." Why, had that takes not one dollar from the Treasury of the Government. It si ~ply sentence stopped there one might have thought it came from the proposes to give these lines what they earn and what they are entitled President's message-"now acting as a menace to all industry." How to for this se1·vice. do our Republican friends relish that? But let us proceed a little- [Here the hammer fell.] or one-quarter of the sum now authorized for the building of wo.r ships, if [Mr. BINGHAM withholds his remarks for revision. See APPEN­ expended over a period of ten years, etc, etc., would fnrnish remunerative em­ DIX.] ployment to thousands of our mechanics and laborers. Mr. BLOUNT. I a8k unanimous consent that a.ll gentlemen desiring "..As the hart panteth after the water-brooks," so this "childlike and to do so may have leave to print remarks on this subject. bland" Samaritan yearns for the welfare of the "mechanic and la­ There was no objection. borer." Mr. OATES. Mr. Speaker, in the brief time allowed to me I shall And enable these materials and men to earn more than $100,000,000 annually not attempt to do more than state what I conceive to be the general in carrying our own products to market which now go into the pockets of for­ principles underlying the Senate amendment and the proposition of eign ship-owners. the gentleman from Pennsylvania [Mr. BINGHA?tf]. I will not be able Foreign ship-owners? Why certainly not; that must be a typo­ to present so full an argument as I would if I had more time. Section graphic error. Certainly he means these enormous sums go into the 4009 of the Revised Statutes of the United States reads as follows: pockets of the mechanics and laborers. What an emb~rrassing mis­ For transporting the mail between the United States and any foreign port, or between ports of the United States touching at a foreign port, the Postmaster­ take that is. So we have it, that we must take one-tenth of "the sur­ General may allow, as compensation, if by a United States steam-ship, any sum plus, or one-fourth the sum now authorized to be expended for the not exceeding the sea and United States inland postage; and if by a foreign building of war ships by our own people and give it to this unsusp"ect­ steam-ship or by a sailing-vessel any sum not exceeding the sea-postage on ing gentleman; that the $100,000,000 annnallycarrying our own prod­ the mail so transpo1ted. ucts to market, which now goes into the pockets of foreign ship-own­ This, sir, is the measure of. compensation now fixed for carrying the _ ers, shall be diverted from their pockets and turned into his. United States mails. on the seas and oceans of the world. It is alleged Mr. Speaker, it can not be that so good and simple minded a man as to be insufficient. It is said that the compensation thus provided does this can be engaged in any ''job." My clever con.Stituent does him not afford to the people of this country sufficient foreign mail facilities. the grossest injustice. He is but following in the footsteps of innu­ Now, sir, if that is an insufficient allowance for carrying the maiLs merable other patriots in an honest eftort to distribute the surplus so to the foreign countries named in the amendment, especially to the that our great industries may not be menaced thereby, nor their future South American conn tries, no one will more willingly than myself vote plans disturbed by a reduction of taxation. to increase that compensation, so that there may be ample pay for the One more reference to this pamphlet and I am done. service required. There is a marked distinction between paying a reasonable compensation for proper mail facilities, and the bestowal of S~me people ask why it is that we can not compete with other nations on the ocean now as we used to do? It is not because of the change from sail to steam the largesses of the Government upon steam-shiP. companies to stimu­ or from wood to iron; we have both of these t.o as great an ext-ent as any other late commerce and make the business pay the slrtp-owners. country; but it is because of the change from individual ships to steam lines, The Senate amendment 'proposes to appropriate $800,000 out of the which cost so much to establish that it is beyond individual effort, and because other Governments- Treasury, not to pay for carrying the mails, but to be given to steam­ ! ought to stop right here to say that this great merchant prince tells ship companies at the rate of $1 for each nautical mile sailed, in addi­ us that these gentlemen are mistaken when they urge that aggregated tion to the sea and inland postage allowed byexistinglaw. ltisasub­ capita.! can accomplish better results than individual enterprise. sidy, and is in~nded more for the purpose of stimulating trade and commerce between this country and those of Son th .America than to pro­ .And because other Governments, recognizing that "trade follows the flag," that •• the commerce of the world commands the wealth of the world "-in other vide just compensation for carrying the mails. The money in the words, that steam lines build up their termini just as railroads do-have fed and Treasury is the common property of the people; it is collected from nourished their steam-ship lines- them by way of taxation, and the appropriation of it in the way of boun­ Now listen to this beautiful figure of speech- ties and subsidies to some small portion of the people to make the par­ ticular business in which they are engaged profitable is favoritism, class " just as a bird feeds her young until they are strong enough to care for them­ selves." legislation, and undemocratic in principle. It is paternalism, and the same objection which lies-against monop­ Mr. Speaker, this beautiful simile attracted my attention, and it de­ olies created by a high protective tariff lies against bounties and sub­ serves notice for a moment. How sweet and beautiful the·thought! sidies except in very rare instances. The principle I denounce is the We are to '' feed and nourish '' these great monopolies, to '' feed and injustice of taking by law the money of one man or set of men and nourish" these merchant '{>rinces, to "feed and nourish" these mill­ applying it to the use and benefit of another. I b~lieve in legislating · ionaires, with all that kindly, self-sacrificing devotion with which the for the impartial and equal benefit of all the people of the United mother ''bird feeds her young." States. The paternal, partial, and unjust legislation of Congress, favor­ Yes, labor shall toil eight, ten, twelve, and thirteen hours a day ih itism to particular pets as well as to corporations and classes for the field. farm, and workshop, and bring its earnings to feed and nourish last twenty-five years, is the prime cause of the discontent which to­ this ·"infant industry," conducted by this patriotic president of the day prevails among the poor and laboring classes of the people. United States and Brazil Steam-ship Company, who so loves his country The proper business of Congress is, in pursuance of constitutional that he invests $100,000 in this line, and becomes its president "with­ grantsofpower, to make general laws for the common benefitofall the out pay," to save his countrymen from the shame of having to send American people. their letters to Sou t.h America via Liverpool. How touching it is when The Congress of the United States should be as impartial as death, he bas achieved all this, to witness with what patriotic instinct, so which knocks with equal hand at the door of the palace and cottage. closely akin to that which characterizes all the other privileged classes I am opposed to appropriating money out of the public Treasury to in this country, he turns and tells us that his little infant industry stimulate anybody's business in order to make it pay him. I have must be • '1ed and nourished even as the mother bird feeds her young.'' heard it asserted upon this floor that this proposition is similar to what Why, sir, this reminds me of a little conundrum that I heard the is incorporated in the appropriation bills every year by way of provis­ other day, which so well illustrates this situation that I must be per­ ion for compensating the railroad companies for tram:porting the mails. mitted to refer to it. Some one asked "why it was that little birds in I can not see it in that light. The railroad companies are compensated their nests should live in peace," and the answer was, ''Because it is by som~ standard fixed at what is believed to be reasonable for the dano-erous to fall out." [Laughter.] So these great industries, bask­ service rendered. inu in the warm spring sunshine of legislative fuvor, live together in The proposition of the gentleman from Pennsy1 vania is to fix the com­ th~ir soft, downy nest, made so not by their own earnest endeavor, pensationofsteam-shipsforcarryingthe mails to South American coun­ enterprise, and thrift, but by legislative discrimination against the tries, China, Japan, and Australasia at three times the pre~ent rate of toiling masses; lh-e in perfect peace and amity, because they know sea and inland postage, ~nd backs this up with an appropriation out "it is dangerous to fall out;" and they all come, with their stereo­ of the Treasury of $450,000 for the next fiscal year. I do not know typed lette1-s, with their pamphlets, with their false and manufactured whether it is intended that this appropriation is to be used as a subsidy public sentiment, and demand that the hard earnings of the people be or not, but presume that it is intended to provide for the difference in taken from them and dropped into their mouths, just as the mother present and the measure of compensation proposed by the amendment. . '' bird feeds her young.'' If the latter is the proper construction of that amendment, it is not a Mr. BINGHAM. Mr. Speaker, I believe I have fifteen minutes subsidy but is only a proposition to change the measure of compensa­ which I reserved frommyhour. I yield one minute to the gentleman tion by' making it three times what it is now. The author of that from California [Mr. FELTON]. amendment contends that the present measure of compensation is too Mr. FELTON. 1\fr. Speaker, in the event of the pending amend­ smalL If I were satisfied of that I would vote to increase the compen­ ment being voted down, I shall offer, if permitted to do so, an amend­ sation to the highest point of the actual value of the service. ment to the following effect: I believe in liberal appropriations for mail facilities at home and To sustain the present, and to provide a more efficient mail service between abroad. It is nearer to the people than any other service except the tbe United States o.nd Australia and New Zealand lhe .Postmaster-General iii hereby authorized to pay for such set·vice an amount of money equal to the work of the tax-gatherer. And if the commerce of this country with amount r eceived by it from such service for sea a nd inland postage. · South American states is stimnJated and benefited as an incident of our In this proposition there is nothing in the nature of subsidy. It mail service it would be a source of gratification. But, sir, the United , 1888. CONGRESSIONAL RECORD-HOUSE. 6297

States through the stimulus ot annual subsidies may build up a con­ poses to revive thiq lost American industry by a sort of galvanic proces.q siderable trade with other countries, but when these are withheld it that will infuse into it the transient flush of fever instead of the per­ is doubtful whether it would survive. A foreign trade which comes manent glow of health. There is no one in my presence more deeply to stay is that which is found to be so profitable as to induce capital anxious for the re{>toration of American shipping than I am. Re~tore and enterprise to engage in and develop it. That which is developed it upon a natural basis, and not by artificial stimulation. by artificial stimulants is like a hot-house plant-when the vitalizer is England is the mistress of the seas because she has freed her com­ withheld it withers and languishes. The argument that England and merce and freed her ships; thatisthetrutb, and we know it. We have .... other European countries have built a great commerce by the use ot enslaved them both, and we have foundered the best equipped and fleet­ subsidies has but little weight with me. We are Americans, with a est service that sailed the ocean in its day. We ha>e enslaved the ship superior form of go>ernment, different institutions, traditions, and from keelson to truck. From the wire in her stays to the brass in her surroundings, and, in my judgment, European precedents have wrought "taffraillog·she is a slave." We have enslaved her cargo, because from more harm than good in their influence on the legislation of this coun­ the moment an American vessel touches at a foreign port high and pro­ try. hibitive duties proclaim to the nations of the earth that a pirate s trib· I am not satisfied that the present compensation is too small. I am ute is to be levied upon her freight, and that we give no quarter to the a little apprehensive that it is not quite as great as it should be for the commerce of mankind. Had England continued such a policy as this, mail service to South American countries. I am n Jt well informed all the subsidies in her treasury would never ba>e given her the posi­ upon ~his branch of the subject, and those who have had superior op­ tion that she now occupies upon the sea. Like France and Germany, portunity for obtaining information dis::tgrec about it. I am, however, she has swept from her statute-books those relics of barbarism that pun­ les.c:; in doubt that the measure of compensation proposed by the gen­ ish a citizen for transferring a foreign ship to the :flag of his country, tleman from Pennsylvania is too great. He and the gentleman from and until at least we relieve our commerce from its burdens to some Georgia [Mr. BLOUNT J, both exceedingly well informed, and for whose extent, we may dissipa~ subsidy upon subsidy, and bounty upon opinions in such matters I have very great respect, differ so widely bounty, but the ships that leave the banks of the Mersey and the that there is no possibility of reconciliation. I shall therefore vote Thames and the Clyde will continue to commaml and monopolize the against the amendment of the gentleman from Pennsylvania; and the markets of the world though we place upon the sea the best equipped Senate amendment being a subsidy and obnoxious to all the objections marine that ever trod the billows of the deep. I have named, but not elaborated for the want of time, I shall never Mr. WIDTE, of New York. M:r. Speaker, I do not deem that dis­ vote for it. cussion of this question is l~kely to change the vote of the House and I Mr. RAYNER. I merely arise to clear away, if possible, a misap­ had not intended to occupy any of the time of the House in expressing prehension in connection with the subject of American shipping that my views upon it. But on a policy which I deem so vital I am not seems to have taken a most remarkable hold! upon public credulity. willing to sit silent without raising my voice against the i1liberal Mr. Blaipe, some time ago, in a communication to an association or course which has been pursued by this countr.v and is now being merchants in the city of New York, declared that England has con­ pursued against its own commerce. tinually stimulated the grow.th of her commerce by enormous bounties If it is statesmanship to economize to the last farthing upon the paid to those who build and sail steam-ships. The New York Cham­ transportation of our foreign mails, and to keep those mails as small ber of Commerce repeated the statement, and, starting in this manner, as possible, in order that the _cost of their transportation may be re­ it has re-echoed through the halls of almost every board of trade and duced to a minimum, then the course and policy of this Government shipping league in this country. After a patient examination of this is wise and statesman-like. subject, which resulted from my fum conviction that the shipping in­ But if the correct and statesmanlike view looks to something beyond terests of a country could never be permanently maintained by any a mere niggardly and higgling bargain on the transportation of our such process as this, I now make the statement, and am prepared to mails; if it enhances a building up of our commerce and establishing prove it with the details when the occasion requires it, that the com­ cordial, extensive, and binding trade relations with our neighboring mercial marine of Great Britain, the most powerful upon the seas, has republics of Central and South America, then the policy pursued by neither been built up nor sustained by subsidies or bounties in any this country is narrow and short-sighted. shape, and that we are not in the slightest degree following her exam­ I shall enter into no extended disquisition on this subject, but con-. ple by adopting t.he wild schemes that are now being contemplated in tent myself with placing myself upon record in favor of the broader order to restore Americ.'ill shipping. view of national policy. Great Britain in all her Jlistory never appropriated a dollar of money Mr. Speaker, commerce follows in established lines of trade, and the for the purpose of aiding in the construction or employment of a British use of the mails goes with commerce. If this country desires to wrest ship. France has done so, and unprofitably to a high degree, but Eng­ the commerce of Mexico and the Brazils from Spain and England into land never, and you can not point me to an act of Parliament that ever channels which, from vicinage and common interest and kindred forms voted a bounty or subsidy for any such purpose. She has helped to of government, are the natural channels and belong of right to us, then maintain a costly ocean packet service, which is just as necessary for this country must, by a liberal treatment of our infant industries and her governmental purposes as a standing army or a tax levy; and it is by a far-reaching policy, foster at once new avenues of trade and en­ because the character of this service has not been examined into that courage our merchant marine as other nations who have succeeded in it is being constantly confounded with a system of bounties and sub­ achieving a large foreign trade have fostered their new channels and sidies to which it does not :lBSimilateitselfin the slightest degree. Before aided their merchant service. Gentlemen, "there is a withholding these schemes that are now flooding in upon Congress and purporting which does not enrich, and a giving which does not impoverish," and to follow in the wake of her example make any headway, let me im­ among the most pre-eminent examples of this adage is the treatment press upon you the fact that this packet service is employed for the of our struggling industries iu the matter of our commerce. purpose of carrying the mail; that her ocean mail is under the juris­ Expend $800,000 in fostering our Central and South American trade, diction of her post-office department, open to public competition, and and you will bring ten times $800,000 into the coffers of our ~merican always awarded to the lowest bidder. That from 1872 to 1882 its ex­ merchants and ship-builders. Withhold your aid and sendj'our mails penditures decreased over £300,000 per annum, and, what is more im­ by transient foreign ships, by ocean tramps, bound upon speculative portant than all, two-thirds of the total outlay is annually repaid to the ventures for their owners, in foreign competing countries, and you have post-office department by the countries for whom the mail is being checked commerce and retarded national growth. You have hidden carried and by the colonial dependencies of Great Britain. your talent in the earth rather than put it with the exchangers, that The Peninsular and Oriental Line, which steams to India, Alexan­ it might gain other talents for its owners. dria, Australia, and Gibraltar, and virtually circumvents a territory For these reasons I favor the pending amendment, as tending to a that contains twenty millions of people dependent upon England and larger and wiser treatment of our merchant marine and our foreign sending their exports and products free of duty into the English mar­ commerce. ket, has never been nourished at the exchequer, as has been so persist­ Mr. BLOUNT rose. ently claimed, but procured the carriage of the mails because it was The SPEAKER. The gentleman from Georgia [Mr. BLOUNT] has by far the lowest bidder, performing the service for 17 shillipgs per• six minutes of his time remaining. mile in vessels of lan!elv increased horse-uower in ulaee of a service M;. BLOUNT. :M:r. Speaker, this question bas been very elaborately costing upwards of 30 shillings a mile in vessels of not half the power discussed upon both sides, ai!d I think the House must be satisfied of and of greatly inferior speed and construction. Mr. Guion, at the the disposition of the Committee on the Post-Office and Post-Roads to launching of one of t·he ships of the Williams and Guion Line some time allow liberal debate. I shall feel it my duty at the end of my six min­ ago, triumphantly declared, "We have never received a pound of Gov­ utes, if not earlier, to ask the previous question on the motion of the ernment aid. We do not need it and we will not ask it." The trouble gentleman from Pennsylvania [Mr. BINGHAM]. Before I do that I about the matter is that our shipping leagues will not draw a distinc­ want to make one additional observation. The gentleman from Penn­ tion between an honest system, open to competition, allowing a liberal sylvania has spoken of the discretion given to the Postmaster-General compensation for carrying the mails, and providing for a speedy pas· by this amendment, and has said by way of illustration that the Post­ sage and a prompt delivery under the strictest regulations and these­ master-General has discretion in reference to a large sum of money for verest penalties, such as the English system is and the contemplated the paym«mt of clerks in post-offices, and also as to various other funds~ American system, which unlocks the doors of your Treasury, opens Mr. Speaker, so far as the discretion provided for in the amendment the :flood-gates of corruption, pays a premium to monopoly, and; pro- of my friend from Pennsylvania is concerned, the difficulty is not that

~ . 6298. CONGRESSIONAL RECORD--HOUSE. JULY 14,

it denies discretion to the Postmaster-General, but it is that while in Bynum, Glass, Lind, Russell, 1\fuss. I· terms discretion is allowed it is practically denied: For instance, we Candler, Grimes, :1\lacdonald, Sayers, Carlton, Guenther, :Maish, Seney, have bnt one line of steam-ships from this country to China. Prescribe Caruth, Hall, :Mansur, Shaw, that the Postmaster-General may allow that line three times the sea Caswell. Hare 1\lartin, Shively, and inland postage in order to get the mails carried on a certain sched­ Chipman, Haugen, :JUatson, Snyder, Clardy, Haye , McCreary, Sowden, ule. Remember that this is the only line, and suppose that the Pa­ Clark, Heard, McKinney, Spinola, cific Mail Steam-ship Company should undertake to say to the Depart­ Clements, Hemphill, Mcl\Iillin, Springer, ment: "Congress has given you the money to pay us three times the Cobb, Henderson, Iowa McRae, Stahlnecker, Conger, Henderson, N. C. McShane, Stewart, Ga. sea and inland postage; the compensation is reasonable, and we will Cooper, Herbert, 1\Iills, Stockdale, not make any other contract with yon." We put the Postmaster­ Cothran, Holman, Montgomery, Stone, Ky. General in a position where he must absolutely stop that mail or else Cowles, Hopkins, ill. Morrill, Struble, Cox, · Hopkins, Va. Neal, Tarsney, yield to the demand. And so it is all along the line. Therefore the Culberson, Hovey, Nelson, Thomas, Wis. idea of discretion being given to the Postmaster-General by this amend­ Dargan, Howard, Newton, Tillman, ment i<1 delusive. DaYidson, .Ala. Hudd, Norwood, Townshend, Dibble, Hutton, Oates, Turner, Ga. I will not occupy further time, and I now ask the previous question Dockery, Johnston, N.C. O'Donnell, Vance, on the motion of the gentleman from Pennsylvania [Mr. BINGH.AJr]. Dorsey, Kilg-ore, O'Neall, Ind. ·wade, The previous question was ordered. Dunn, Laffoon, O'Neill, 1\Io. Walker, Elliott, La Follette, Outhwaite, Washington, The SPEAKER. The question is on the ~otion of the gentleman Foran, Lagan, Payson, Weaver, from Pennsylvania, which is that the House recede from its disagreement Ford, Lane, Phelan, While, Ind. to ihe Senate amendment, and agree to the same with an amendment. Forney, Lanh!l.m,' Rice, Whiting, ll.liclL Fuller, Latham, Richardson, Wilkins, Mr. BLOUNT. Upon that question I ask for the yeas and nays. Gest, Lee, Rogers, Wilson, Minn. The yeas and nays were ordered. Gibson, Lehlbach, Rowland, Mr. BLOUNT. I must ask the Chair to insist upon order in the NOT VOTING-134. HaU. Although the Chair has just stated the question, gentlemen are .Allen, M.iss. Crouse, Laidlaw, Rockwell, continually coming to me to ask what it is. .Anderson, Miss. Cummings, Laird, Romeis, Anderson, Kans. Dalzell, Landes, Rowell, A l\fEMBER. I ask that the question be again stated. .Atkinson, Darlington, Lawler, Rusk, The SPEAKER. The question is upon t"!le motion made by the gen­ Barry, Davenport, Long, Ryan, tlem:m from Pennaylvania [1\lr. BINGH.AM], which is that the Honse do Belden, Davidson, Fla. Lynch, Scott, Belmont, Davis, Maffett, Sherman, now recede from its disagreement to the Senate amendment, and agree Blanchard, De Lano, Mahoney, Simmons, to that amendment with an a,mendment proposed by the gentle!lh'l.n Bliss, Dougherty, McAdoo, Smith, from Pennsylvania. This question, the Chair will state, is divisible, Bound, Dunham, McClammy, Spooner, Boutelle, Enloe, 1\IcComas, Steele, if a division of the question is demanded. That is to say, a vote may Bowden, Ermentrout, McCullogh, Stephenson, first be taken upon the amendment proposed by the gentleman from Brower, Fisher, McKenna, Stewart, Tex. Pennsylvania, and then upon the simple motion to concur. If no divis­ BrowDe, Ind. Fitch, 1\lcKinley, Stewart, Vt. Brown, J. R., Va.. Flood, Merriman, Stone, Mo. ion is demanded-- Bryce, French, :Milliken, Symes, Mr. HOPKINS, of illinois. Mr. Speaker, before the vote is taken Buchanan, Gaines, Moffitt, Taulbee, I ask that the amendment of the gentleman from Pennsylvania [Mr. Buckalew, Gallinger l\Ioore, Thomas, Ill. Bunnell, Gay, Morgan, Thompson, Cal. BINGHAM) be read by the Clerk. Bm·nes, Glover, l\lorse, 'l'racey, The SPEAKER. It will be read. Burrows, Gofl', Nichols, Turner, Kans. The Clerk read the amendment proposed by Mr. BINGHAM, as fol­ Butler, Granger, O'Ferra.ll, Warner, Butterworth, Greenman, O'Neill, Pa.. West, lows: Campbell, F., N.Y. Harmer, Parker, Wheeler, ·.Amend, in line ill, by inserting, after the words "West Indies," the words Campbell, Ohio Hatch, Peel, Whitthorne, "Australasia, China and Japan, and the Sandwich Islands." Campbell,T.J., N.Y.Hayden, Penington, Wilber, Amend, in line 112, by striking out "eight hundred" and inserting in lieu Cannon, Henderson, ill. Perry, Wilkinson, ·thereof "four hundred and fifty." Catchings, Hiestand, Pidcock, 'Vilson, W. Va. Amend by strildngout all after the word "service," in line 117, and inserting . Cockran, Hogg, Plumb, Wise, in lieu thereof the following: • Cogswell, llolmes, Post, Woodburn, ''And in cases where a contract shall be made in addition to the sea. and United Collins, Hopkins, N . Y. Pugsley, Yoder, States inland po tage allowed under section 4009 of the Revised Sta-tutes to reg­ Compton, Honk:, Randall, • Yost. istered Unitid StAtes steam-ships plying between ports of the United States and Crain, Johnston, Ind. Rayner, Central and South America, theWel:!t Indies, Australasia, China and Japan, and Crisp, Jones, Robertson, the Sandwich Islands, the Postmaster-General may, by agreement with the owners of said steam-ships, at an equivalent consideration therefor, allow any -So the motion of Mr. BINGHAM was rejected. sum not exceding three times the sum of the said sea and inland postage to l\1r. HENDERSON, of Iowa,.(dnrjngtheroll-call), said: I am paired steam-ships running to such of the said countries as are in the Postal Union, with the gentleman from Missouri [Mr. BURNES], who is sick; bnt as and an equivalent sum to steam-ships running to such of said countries as are not in the Postal Union, for dispatching their vessels without fa.Uure upon cer­ on tliis question he would vote the same way as myself, I vote ''no.'' tain days to be specified in schedules covering periods of not less than six months 'rhe SPEAKER. The Clerk will announce the pairs. • each, to be agreed upon in advance by the Postmaster-General and said owners The following-named members were announced as paired on all polit- or ngents: Provided, That any failure to dispatch a vessel upon a schedule date may subject the owners or agents to a penalty not less than the sum to which ic.'ll questions until further notice: the ...-essel would have been entitled for the conveyance of mails if she had sailed Mr. CU.MMINGS with Mr. McCoRIDCK. in accordance with the schedule; said penalty to be deducted by order of the Mr. C.ATCHINGS with Ur. CoGSWELL. Postmaster-General from any sums found to be due said owners or agents." Mr. LA.NDES with Mr. STEELE. Mr. HOOKER. I rise to a parliamentary inquiry. I wish to know Mr. C.A.l\IPBELL, of Ohio, with Ur. BUTTERWORTH, whether the vote about to be taken includes, with the proposition of Mr. COLLINS with Mr. DUNHA.M. the gentleman from Georgia., the amendment of the gentleman from Mr. MERRYMAN with Ur. SYMES. Pennsylvania, or whether the question is upon the amendment of the 1\Ir. PIDCOCK with Mr. DE LA.No. gentleman from Pennsylvania 3B a distinct proposition? Mr. GLOVER with Mr. GoFF. The SPEAKER. There is no proposition pending excepting that 1\lr. TIMOTHY J. CA.l\IPBELL with Mr. BELDEN. offered bythe gentleman fromPennsylvania. The House is now about 1\Ir. Mcl\IILLIN with Ur. BURROWS. to Yote on that. 1\Ir. GREENM.A.N with Mr. THOMAS, of Illinois. 'The question was taken; and it was decided in the negative-yeas Mr. HENDERSON, of Illinois, with Mr. BL.ANCH.A.RD. 55, nays 135, not voting 134; as follows: Mr. 1\ICKINLEY with Mr. SCOTT. YEAS-55. Mr. GRANGER with Mr. ROCKWELL. Allen, Mass. Grosvenor, Lyman; Scull, Mr. PENINGTON with 1\Ir. HIESTAND. Arnold, Grout, l'!Iason, Seymour, lli. SIMMONS with Mr. P .A.R.KER. Baker, N.Y. Hermann, McCormick, Taylor, E. B., Ohio M.r. JoNES with l\lr. STEPHENSON. Bingham, Hires, Morrow, Taylor, J. D., Ohio Brown, Ohio Hitt, Nutting, Thomas, Ky. . Ur. STONE, of Missouri, with Mr. P.AYSON. Brumm, Hooker, Osborn~, Thompson, Ohio. lli. ALLEN, ofMississipp~ with Mr. ATKINSON. Cheadle, Hunter, Owen, Vandever, Mr. CR.AIN with Mr. HAYDEN. Cutcheon, Jackson, Patton, Weber, Dingley, Kean, Perkins, White, N.Y. Mr. CRISP with Mr. ROWELL. Farquhar, Kelley, Peters, Whiting, Mass. Mr. McCL.AMMY with Mr. NICHOLS. Felton, Kennedy, Phelps, Wickham, Mr. ANDERSON, of Kansas, with Mr. YosT on this amendment and Finley, Kerr, Reed, Williams, F\mston, Ketcham, Russell, Conn. Yardley. on the original proposition. Mr. · YosT would vote "ay" and Mr. Gear, Lodge, Sawyer, ANDERSON would vote ''no.'' N.AYS-135. Mr. WISE with Mr. · BROWNE, of Indiana, for this day. Mr. WISE Abbott, Bacon, Bjggs, Brecli:inridge, Ark. would vote against the amendment to the Post-Office appropriation .Adruns, " Baker, ill. Bland, Breckinridge, Ky. bill providing ocean mail pay. Allen, l'!fich. Bankhead, Blount, Brewer·, Anderson, Iowa Barnes, Boothman, Browne, T.H.B.,Vn. 1\Ir. PEEL with :Mr. BURROWS on this vote. ' Mr. PEEL would vote Anuerson, lll. Bayne, Bowen, Burnett, ''no.'' 1888. CONGRESSIONAL RECORD-HOUSE. 6299

Mr. JOHNSTON, oflndiana, with Mr. BARRY. :Mr. JOHNSTON would Hare, Latham, O'Neall, Ind. Stewart, Ga. Haugen, Lee, O'Neill, Mo. Stockdale, vote '' ay '' on this amendment and Mr. BARRY ''no.'' Heard, Lehlbach, Outhwaite, Stone, Ky. Mr. ROBINSON with Mr. Ro:nmrs, until 3 p. m. to-day. Hemphill, Lind, Paysol), Struble, 11Ir. MOORE with Mr. DARLINGTON, until Wednesday, the 18th in­ Henderson, Iowa. Macdonald, Peel, Tarsney, Henderson, N.C. Maish, Phelan, Thomas, Wis. stant. Herbert, Mansur, Post, Tillman, Mr. D.A VIDSON, of Florida., with Mr. O'NEILL, of Pennsylvania, un- Holman, Martin, Rice, Townshend, til July 16. · Hooker, Matson, Richardson, Turner, Ga. Hopkins, ill. McCreary, Rogers, Vance, Mr. TRACEY with Mr. PLUMB, on all questions, until the 17th in­ Hopkins,Va.. McKinney, Rowland, Wade, stant. Hovey, McRae, Russell, M.ass. Walker, Mr. ll.ATCH with b!r. PuGsLEY, on all questions, for three days. Hudd, Mills, Sayers, Warner, Hutton, Montgomery, Seney, Washington, 1\Ir. 0' FERRALL with 1\!r. GALLINGER, on all quel!!tions from the 12th Johnston, Ind. Morrill, Shaw, Weaver, instant, inclusive, until the 17th instant, inclusive, except the evening Johnston, N.C. Neal, Shively, White, Ind. sessions of Thursday and Friday for pensions. Laffoon, Nelson, Snyder, Whiting, Mich. La Follette, Newton, Sowden, Wilkins, Mr. RAYNER with b!r. McCoMAs, on all questions, until Monday Lagan, Norwood, Spinola, · Wilkinson, next. Lane, Oates, Springer, Wilson, Minn. Mr. THOMPSON, of California, with Mr. McKENNA, on all political Lanham, O'Donnell, Sta.hlnecker, Yoder. questions, for Friday and Saturday, July 13 and 14. N.AYS-58. Mr. BELMONT with b!r. CANNON, for the day. Adams, Grout, 1\IcCullogh, Taylor, E. B., Ohio Allen, Mass. Hermann, 1\Ioffitt, 'l'aylor, J. D., Ohio Mr. BUCKALEW with Mr. DALZELL, for this day. Arnold, Hire!'<, J\iorrow, Thomas, Ky. Mr. FRENCH with Mr. GiliEs, on all questions, for the day. Ba.L:er, N. Y. Houk, Nutting, Thompson, Ohio b!r. LAWLER with b!r. RY.AN, on all political questions, for this day. Dingham, Hun er, Osborne, Turne1·, Kans. J\.!r. WILSON, of West Virginia, with Mr.Lo.. a, on all political ques- Brown, Ohio .Trtc ·son, Owen, Vandeyer, Brumm, Kc ~ n . J:>erkins, Weber, tions, for this day. ClarJ;::, Kelley, Peters, West, Mr. BRYCE with 1\fr DAVENPORT, on all questions, for the day. Cutcheon, Kennedy, Reed, White, N.Y. Dingley, Kerr, Russell, Conn. Whiting, ~Ia.ss. Mr. McADOO with Mr. BOUTELLE, on this vote. Farquhar, Laidl::\w, Sawyer, Wickham, Mr. ANDERSON, of Mississippi, with Mr. MOFFITI', on this vote. Mr. Funston, Lodgt", Scull , Williams, ANDERSON would vote "no" and Mr. MOFFITT "ay." Gear, J_.., on !:::, S e y mour, Yardley. Gest, Lyman, Sherman, Mr. .RAYNER. I voted inadvertently, not remembering my pair Grosvenor, M:cC::>rm ick; St.e-wart, Vt. with my colleague [Mr. McCo:!\!As]. I do not know how he would vote on this question, but I presume I had better withdraw my \ote, NOT VOTING-126. Allen, Miss. Cummin:;s, Howl\l·d, Plumb, and l do so. / Anderson, Kans. Dalzell, J ones, Pu~ ley, Mr. DAVIDSON, of Florida. My pair with the gentleman from .Atkinson, D:uiington, K etclln.m, Raudall, Pennsylvania [Mr. O'NEILL] has been announced. I desire to say Belden, Davenport, Kilgore, Rayner, Belmont, Davidson, Fla. Laird~ Robertson. that if he were present I should vote '' no.'' Blanchard, Darn, L:tndes, Rockwell, McMILLIN. The gentleman from Arkansas [Mr. PEEL] is paired Bound, DeLano, Lawler, Romeis, for to-day with the gentleman from Michigan [M.l'. BURRows]; hence, Boutelle, Dougherty, Lynch, Rowell, Bowden, Dunham, 1\Iaffett, Rusk, as the pair announced between the gentleman from Michigan and my­ Bowen, Ermentrout, Mahoney, Ryan, self does not apply to this question, I have voted. Brower, Fisher, J\Iason, Scott, The result of the vote was announced as above stated. [Applause.] Browne, Ind. Fitch, McAdoo, Simmons, Brown, J. R., Va.. Flood, 1\IcClammy, Smith, Mr. FELTON. I rise to a parliamentary inquiry. I wish to know Bryce, Foran, :McComas, Spooner, whether it is now in order for me to offer my amendment, or for the Buchanan, French, McKenDil, Steele, chairman of the committee to accept it. . Buckalew, Gaines, McKinley, Stephenson, Dun nell, Gallinger, 1\IeMillin, Stewart, Tex. The SPEAKER. The chairman of the committee can not accept the Burnes, Gay, McShane, Stone, Mo. nmendment; and the Chair, not knowing whattheamendmentis, can BmTows, Glover, Merriman, Symes, not say whether it is in order now or not. Butler, Goff, Milliken, Taulbee, Butterworth, Granger, Moore, Thomas, Ill. Ur. BLOUNT. I move that the House further insists on its dis­ Campbell, F., N.Y. Greenman, J\lorgan, Thompson, Cal. agreement to the Senate amendment numbered 7, and agree to there- Campbell, Ohio Harmer, Morse, '.rracey, quest of the Senate. · Ca mpbell,T,J.,N.Y.Hatch, Nichols, Wheeler, Cannon, Hayden, O'Ferrall, Whitthorno, Mr. FELTON. I ask that the Clerk read the amendment which I Catchings, Hayes, O'Neill, Pa. Wilber, send up. Cockr:!n, Henderson, Ill. Parker, Wilson, ,V, Vn. The Clerk read as follows: Cogswell, Hiestand, Patton, Wise, Collins, Hitt, Penington, Woodba:."n To sustain the present, and to provide a more efficient mail service between Compton, Hog:;, Perry, Yost. ' the United States and .Australia and New Zealand, the Postmaster-General is C1·isp, Holmes, Phelps, hereby authorized to pay for such service an amount of money equal to the Crouse, Hopkins, N.Y. _Pidcock, amount received by it from such service, for sea and inland postage. So 1~Ir. BLOUNT'S motion was agreed to. 1Ir. FELTON. !'move to concur in the Senate amendment with During the call, theamendment,which has just been read. On motion of :Ur. SPRINGER, by unanimous consent, the reading The SPEAKER. The gentleman moves that the House recede. from of the names was dispensed with. its disagreement to the Senate amendment and agree to the same with The following additional pairs were announced: an amendment. Does the gentleman propose his amendment as a sub- On this vote: stitute for the Senate amendment? Mr. McADoo with Mr. Bou rELLE. Mr. FELTON. Yes; as a substitute for the Senate amendment. Mr. FISHER with Mr. LAIRD. The SPEAKER. Then the qu.e.stio?- is first on the substitute pro- 1\Ir. ENLOE. l\1r. Speaker, I was paired with the gentleman from posed by the gentleman from Califorma [~. FELTON] for the amend- Tennessee [.Ur. HouR] on the preceding vote to the one just taken, and ment of the Senate. . . I being engaged in the room of the Committee on the Post -Office and Post- Mr. FELT?N'S amendment waa disagreed to. . l~oads, did not get in in time to haYe the pair announced. If present, The question nextrecurredonblr. BLOUNT's motion, thattheHouse he would have voted "yea'' and I would have voted "nay." further ;insist on its disagreement to the Senate amendment ~umbe~· ed Mr. PAYSON. I am paired with the gentleman from Missouri [Mr. 7, and agree to the conference asked by the Senate on the d1sagreemg STONE], but as he would vote the same way I will leave my vote stand. votes of the two Houses. The vote was then announced as above recorded. Mr. BLOUNT. On that motion I demand the yeas and nays. l'!Ir. BLOUNT moYed to reconsider the vote just taken; and also The yeas and nays were ordered. moYed t hat the motion to reconsider be laid on the table. The question was taken; and it was decided in the affirmative-yea-s T he latter motion was agreed to. 14.0, nays 58, not voting 126; as follows: The SPEAKER appoint-ed as managers of said conference on the YEAS-140. part of the Honse :Mr. BLOUNT, Mr. DOCKERY, and Mr. BI ~GHAM. .Abbott, Blount, Clardy, Dorsey, ORDER OF BUSINESS . Allen, 1\fich. Boothman, Clements, Dunn, Anderson, Iowa Breckinridge, .Ark. Cobb, Elliott, The SPEAKER. The regular order of business is the call of com- Anderson, 1\Iiss. Breckinridge, Ky. Conger, Enloe, mittees for reports. Anderson, lll. Bacon, Brewer,Browne,T.H.B.,Va.Cothran, Cooper, Felton,Finley, Mr. MILLS. I move to dispense with the call for to-day. BP.ker,lll. Burnett, Cowles, Ford, The motion was agreed to. Bankhead, Bynum, Cox, Forney, SUBSTITUTE REPORTER Barnes, Candler, Crain, Fuller, • Barry, Carlton, Culberson, Gibson, Mr. BOOTHMAN, from the Committee on Accounts, reported back Bayne, Caruth, Dargan, Glass, th fi 11 · 1 ti Biggs, Caswell, Davidson, .Ala. Grimes, e o owrng reso u on: Bland. Cheadle, Dibble, Guenther, Resolved, That Edward D. Easton, now acting under the appointment of the B liss, Chipman, Dockery, Hall, Sp~l\ker as a substitute reoorter for Mr. J. K. Edwards, who is confined to his

• 6300 CONGRESSIONAL RECORD- HOUSE.

bed by severe illness, be paid from the contingent fund of the House from the required the full amount of his legal salary to get a competent substi­ date of his appointment, June 11,1888, and during his service as one of the re­ porters of the House, the amount of the current salary of said Edwards; with tute, in addition to which it was necessary for him to employ other such additional sum as may be required for the payment of assistants; and persons to assist this stenographer in order to transcribe his stenographic this resolutio~ shall not interfere with the receipt by Mr. Edwards of his full notes. - He therefore not only pays the full amount of his salary, but legn.l salarv- has also been paying for this additional work. Accompanied with the following written report: Now, a person having a regular annual employment can afford to do Your committee, to whom was referred the resolution na.med above, having that, although he may have only $2, $3, or $4 a day out of his salary inquired into the facts, find that J. K. Edwards, one of the Official Reporters of this House, was taken violently ill priortoJunell, 1888, and is now dangerous­ during the session of Congress left after paying his necessary clerical ly sick with a prospect of failing to recover during the present session. That assistance, for when Congress is not in session be gets his full salary, Edward D. East<>n, above referred to, has been employed in the plnce of Mr. and in that manner he is able to even up and make a fair compensation. Edwards temporarily. That from said June ll, 1888, Mr. Edwardshll.l!lbeen pay­ ing Mr. Easton out of his salary for his service, and has paid quite a sum addi­ But the man who is employed as an assistant to work only thirty, tional in order to get t.he stenographic notes ofMr. Easton transcribed and thus sixty, or ninety daye, as the case may be, can not afford, at least no hold his place. stenographer who is capable of doing the work required to be done on Your committee further find thatl\Ir, Edwards is a man in poor circumstances and dependent upon his salary for the support of himself and family; that he the floor of the Honse. to accept the position for the meager amount was taken sick with a fever while employed by the House, and p1·esumably be­ that would be left him after paying these assistants. It required, there- cause of his de\'"otion to his dntics as au officer of this House. Your committee 1orc, the full amount of Mr. Edwards's salary to pay for his substitute, think that, under the circumstances, the House owes it to itself to see that such a faithful employe does not suffer, and that be be permitted to retain his salary, and in addition to that, to pay the additional compensation to persons and that h is temporary substitute, Mr. Easton, be paid out of the contingent for transcribing the notes of the stenographer, so that besides paying fund of the House as provided in the resolution as proposed to be am<'nded, and his full salary for the employment of a fiUbstitute, which he bas been that the cost of transcribing the notes be also paid out of the same fund, thus doing ever since the 11th day of June, lie has also been paying in ad­ ~iving to Mr. Edwards the use and enjoyment of his official salary during his extreme illness and necessity. dition thereto from $8 to $10 a day to employ assistants. Thi!'l man Your committee therefo re recommend that the said resolution be armmded as in the delirium of his fever is fretting over it-, and it renders his con­ follows: After the wo::d "House," in line 9, insert the words" not to extend, ' however. beyond this present session of Cougress ;" also after the word "Ed­ dition a great deal worse. wards," in line 10, insert the words" while l•e shall be so employed and;" also It seems to me that where a faithful employe of the Honse has been, after the word "assistants," in lines 11 and 12, insert the words "to transcribe as this report shows, presumably stricken down in the service of the his stenographic notes at the usual rates paid heretofore for such service," aud that as amended the resolution be adopted. House, the House owes it to itself and to a spirit of fair treatment to its employe.s, that he sball not be left to bear, not only the burden of Mr. SPRINGER. I do not see the necessity for the adoption of this 'his illness;, but the additional expense im~Josed upon him by this ar- resolution; and would like to have some explanation from the gentle­ rangement. · man presenting it. Mr. McKINNEY. That is right. Mr. Mc:\IILLIN. Let us have the resolution read again. Mr. BOOTHMAN. That is the explanation. and that is the reason The SPEAKER. If the House will be in order the Chair will cause the committee asks the adoption of this resolution. _ the r~::~olution to be again read as it will appear if amended as proposed. :Mr. 1\fcM:ILLIN. Let me ask the gentleman if that has been the The resolution was again reported. custom hitherto in such cases? Mr. SPRINGER. I think there is a mistake in the recital part of Mr. BOOTHMAN. I do not know. I know of no other case of the that resolution. It seems from the report that the Speaker did not kind. employ this assistant to take the place of Mr. Edwards, but that he Mr. McMILLIN. I think the gentleman will ·find upon examina­ was employed by Mr. Ed wards himself. tion that such has not been the case. The SPEAKER. That is correct. Up:m the application of Mr. Ed­ Mr. M:ASON. Has there been any other case where a substitute has wards the Chair gave him leave of absence during his sickness, and been employed for one of the Reporters who was sick? approved of his employment of Mr. Easton. Mr. BOOTHMAN. I only know that it is consistent with an honor­ Mr. SPRINGER. -I think the resolution ought- to show that the able and fair treatment of the employes of the House. appointment of a substitute :was made by Mr. Edwards himself, and Mr. McMILLIN. ·If the gentleman from Illinois had known of the not by the Speaker; because the Speake1·, as I understand it, has no conditions heretofore, he would not have asked the question. The authority to make such appointments. The number of the Official same question has arisen heretofore, and it is proper for the Honse now Reporters authorized by law had been already appointed, and until to understand this new proceeding before adopting this resolution. there is a Yacancy, caused by death or resignation, the Speaker has no Mr. SPRINGER. I desire to offer the following amendment. anthorit.Y to appoint any additional member of that corps. The Clerk reported the amendment, as follows: This gentleman has been acting at the request or by employment of ·It is proposed to strike out, in the third, fourth, and fifth lines­ :Mr. Edwards, therefore, and not.by appointment of the Speaker. Now acting under the appointment of the Speaker as a. substitute Reporter But it seerus, Mr. Speaker, that we have no necessity for this em­ for J. K. Edwards. ployment at a1l, in view of the fact that there are two stenographers And insert: already authorized by law in the employ of the House, now receiving 'Vbo has been employed by 1\-Ir. Edwards. annual salaries, whose duty it is te report the proceedings of the com­ So that the resolution will read: mittees of the House when called upon. I know of no committees now Resolved, That Edward D . E&.Ston, who has been employed by Mr. Edwards, in session that require their services, so that I can see no reason why who is confined to his bed by severe illness, etc. one of them at least, and possibly both, may not be assigned to the Mr. BOOTHMAN. I will accept that. . duty of assisting the Official Reporters of debates on the floor of the Mr. MASON. The gentleman from Tennessee (Mr. Mc:MILUN] House. I say I believe there is no committee now in session requiring intimates that there is an established rule in regard to this matter. their services. Perhaps the Committee on Mn.nufactures may hold Mr. McMILLIN. The custom heretofore has been that the stenog· sessions occasionally; but I do not see why these stenographera should rapher who is sick, and whose salary runs on when he is sick as well not be assigned to this duty. as when he is well, designates same one to take his place. That, of I am satisfied that the Honse stenographers are in need of additional course, is done by the acquiescence at lea~t of the House, although the assistance, that they are very hard-worked, and especially by reason substitute is paid by the Reporter, who makes such private arrangement of the numerous night seS, without ued to the death of the Reporter. the necessity of employin!! outside assistance. Mr. SPRINGER. I ask for the previous question on my amendment. Mr. BOOTHMAN. 111r. Speaker, in order that the action of the Mr. BOOTHMAN. I accept the amendment. Committee on Accounts may be clearly understood, it is well that I Mr. SPRINGER's amendment was agreed to; and the amendments ol should state the reasons which induced the committee to recommend the committee as amended were agreed to. this resolution. Mr. Edwards, as is well known, is one of the regular Mr. SPRINGER. I now move to recommit the resolution fu the Official Reporters of debates of the Tiom~e. He was taken violently Committee on Accounts. ill during the session of the House, and the presumption is, from his Mr. HOOKER. Is that motion debatable? present condition, that he will not recover. In order that he might The SPEAKER. It is not. be able to retain his place and not lose hi~ situation, being a man in Mr. HOOKER. I want to aay that this gentleman has been a long such circumstances in life that it was necessary for him to work to and faithful servant.of the House, and I think his salary ought to go on. obtain a living for himself and his family, and being ill, as I have The motion to recommit was lost. stated, it became necessary for him to get some competent person to :Mr. BOOTHMAN. Now I demand the previous question on the supply his place as one of the Reporters, so that his position may not adoption of the resolution as amended. he declared vacant and another appointment made. He did so, but it The previous question was or5lered. . -

1888. CONGRESSIONAL-RECORD-HOUSE. 6301

Mr. SPRINGER. I demand a division. Spooner, Stone, Mo. 'TTacey, Wilson, W.Va. Steele, Symes, Wheeler, Wise, The House divided; and there were~ayes 68, noes 38. Stephenson, Taulbee, White, N.Y. Woodburn. Mr. SPRINGER. No quorum. I ask for tellers. Stewart, Tex. Thomas, lll. '~iting, :Mich. The SPEAKER. The Chair will appoint as tellers the gentleman Stewart,Vt. Thompson, Cal. Wilber, from Illinois [Mr. SPRINGER] and the gentleman from Ohio [Mr. . So the resolution as amended was adopted. BOOTHMAN]. During the roll-call, Before the tellers took their places the yeas and nays were demanded Mr. McMILLIN said: Mr. Speaker, I desire. to withdraw my vote, and ordered. being paired with the gentleman from Michigan [Mr. BuRRows]. I Mr. ERECKINRIDGE, of Kentucky. There is so much confusion also ask unanimous consent that my vote on the preceding yea-and-nay in the Honse that some of us have been unable to know the exact mat­ vote on the motion of the gentleman from Georgia [Mr. BLOUNT] be ier under consideration. I ask that the resolution be reported. withdrawn, as I vote·d then under the impression that the gentleman The 1·esolntion was again read. from l'lfichigan [Mr. BURROWS] was paired with the gentleman from Mr. BRECKINRIDGE, of Kentucky. Is this resolution susceptible Arkansas [Mr. PEEL], but have since learned that it was not so. of a division, so that we can vote upon the payment for the services that There was no objection. this gentleman bas rendered up t<> date, and by another vote deter­ Mr. LONG. 1\Ir. Speaker, I have voted on this call because my former mine whether be shall ·be paid for the future? pair wit.b the gentleman from West Virginia is withdrawn. The SPEAKER. The Chair thinks the resolution is not susceptible On motion of Mr. BOOTHMAN, by unanimous consent, the reading of division. The resolution is so drawn that it can not be divided, in of the names was dispensed with. the opinion of the Chair. [Cries of" Regular order!"] · The following additional pairs were announced: Mr. TIMOTHY .J. CAMPBELL. I call for the reading of the reso­ ;Mr. ALLEN, of Massachusetts, with Mr. BURNETT, until Monday ' lution. ' .next at 3 o'clock. '.fhe SPEAKER. It bas been rea occupy that time, and on Monday morn­ Cooper, .Johnston, Ind. · Sn.wyer. Yardley. ing we can probably come to some understanding as to when the vote Cutcheon, Kelley, Scull, Yoder, Dorsey, Kennedy, Seney, Yost. shall be taken. Farquhar, La. Follette, ~eymour, Mr. McMILLIN. Can we agree to take the vote at some hour on Felton, Lagan, ~lmw. Monday? NAY:: - .jl. Mr. REED. I would not like to make any agreement to-day. Let Abbott, Culberson, .;~ ;lgo re, Richardson, us go on this afternoon and see what progress we can make, and I think Anderson, Miss. Dargan, l...~an e , Rogers, that on Monday morning we shall be able to tell just about where we Anderson, Ill. Davidson, .Ala. Lanham, Rowland, stand. Bacon, Dockery, Latham, Russell, Mass. Baker, 111. Elliott, Lee , Sayers, Mr. McMILLIN. I have no objection to continuing the discussion Bankhead, Enloe, Macdonald, Sowden, for the remainder of to-day if we can make some agreement as to the Barnes, Foran, !llartin, Spinola, I Blnnd, Ford, 1\latson, Springer, time when the vote shall be taken, and suggest to the gentleman Breckinridge, Ark. Forney, McAdoo, Stahlnecker, from Maine that we agree to take the vote at 3 o'clock on Monday. Breckin ridge, Ky. Glnss, 1\IcCreary, Stewart, Ga. Mr. REED. I think we bad better let that matter go over until Bynum. Hare, McRae, Stone, Ky. Cam pbell,T. .J.,N. Y. Hayes, McShane, Tarsney, Monday morning. Caudler, Hemphill, Mout-gomery, Tillma n, Mr. McMILLIN. Mr. Speaker, I yield to the gentleman from Carlton, Hendct·son,N. C. :Morgan, Townshend, Pennsylvania [1\Ir. BINGHAl\:1], who desires to introduce a bill. Caruth, Herbet·t, Xenl, Turner, Ga. Chipman, Holman, Ne wtpn, Vn.nce, WASHINGTON AND GREAT FALLS NARROW-GAUGE RAILROAD. Cla1·dy, Howard, 0 Hl-t'S , Walker, Mr. BINGHAM, by unanimous consent, introduced by request a Clements, Hutton, 0' Neall, Ind. Washington, Cobb, Johnston, N.C. 011 t i•waite, Weaver, · bill (H. R. 10830) to incorporate the Washington and Great Falls Nar­ Cothran Kerr j_l\:\ : . Wilkinson, row-Gauge Railroad Company ; which was read a first and second time, Cox, ' Ketcham, l .. h .:: .n.n, Wilson, Minn. referred to the Committee on the District of Columbia, and ordered to NOT VO'l' ~ :>:G-138. be printed. Allen,Miss. Cowles, Hayden, Moore, NATIONAL BANK OF PORT _.JERVIS, N.Y. A11derson, Kans. Crain, Heard, :Morse, Atkiuson, Crisp, Henderson, Iown. . Nichols, Mr. BACON, by unanimous consent, introduced a bill (H. R. 10831) Baker, N.Y. Crouse. Henderson, Ill. Norwood, to authorize the Comptroller of the Currency to issue to the National Barry, Cummings, Hiestand, O' Donnell, Bank of Port .Jervis, N.Y., currency in lieu of certain unsigned bills Bayne, Dalzell, Hitt, O'Ferrall, Belden, Darlington, Hogg, O'Neill,Pa.. stolen from said bank; wbich ~as read a first and second time, referred Belmout. Davenport, Holmes, O' Neill,Mo to the Committee on Banking and Currency, and ordered to be printed. Blauchard, Davidson, Fla.. Hopkins, N.Y. Parker, Dliss, Davis, Hunter, Payson, LIGHT-BOAT, OYSTER BED SHOALS, NEW YORK. l:Slount., DeL::tn-?, .Jones, Penington, Mr. BACON also introduced a bill (H. R. 10832) for the establish­ Bontelle, Dibble, Kean, Perkins, llowen, Dingley, Laffoon, Perry, ment of a light-boat with fog-bell on Oyster Bed Shoals, in the Hudson Brower, Dougherty, Landes, Petct-s, River, New York; which was read a first and second time, referred t<> Browne, Ind. Dunhnm, Lawler, Phelps, the Committee on Commerce, and ordered to be printed. Brown, J. R.,Vo.. Dunn, Lind, Pidcock, Rryr-E>, Erme11trout, Lynch, Plumb, ORDER OF BUSINESR. Bueknlcw, Fishe1· Maffett, Pugsley, Mr. McMILLIN. I ask unanimous consent that gentlemen having Bunnell, F;tcb,' Mahoney, Randall, Rm11es, Flood. Maish, RicE> , reports to make be allowed to file them with the Clerk _in the usual llnrrows, French, 1\:[ansur, Robertson, manner. Butler, Gaines, McClammy, Rockwell, There was no objection, and it was so ordered. Campbell, F., N.Y. C-r~tllin ge r, 1\lcComas, Rorueis, , Goff. McKenna, Ryan, The following reports were filed by being laid upo~ the Clerk's desk: ()ockrnn, Granger, McKinley, Scott, l'lfiLITfA OF DISTRICT OF COLUliiBIA. Cog->orably the bill (H. R. 10679) to grant the right of way through the 1\ir. MASON, from the Committee on Claims, reported back favorably military reservation at Fort Morgan to the Birmingham, Mobile and with amendment the bill (H. R. 9211J' for the relief of Jesse Durnell; NaYy Cove Harbor Railway Company, and for other purposes; which which was referred to the Committee of the Whole House on the Pri­ was referred to the Committee of the Whole House on the Private Cal­ vateCalen~ar, and, with the accompanying report, ordered to be printed. endar, and, with the accompanying report, ordered to be printed. SAMUEL REIN. BRIDGE ACROSS FLINT AND CHATTAHOOCHEE RIVERS. Mr. MASON also, from the Committee on Claims, reported back fa­ :Mr. CLARDY also, from the Committee on Commerce, repol'ted back vorably the bill (H. R. 4087) for the relief of Samuel Rein; which was favorably the bill (H. R. 10538) to authorize the construction of bridges referred to the Committee of the Whole House on the Private Calendar, across the Flint and Chattahoochee Rivers; which '\Vas referred to the and, with the accompanying report, ordered to be printed. Committee of the Whole House on the Privat~ Calendar, and, with the HEIRS OF JOSEPH KULAGE, DECEASED. ~ompanying report, ordered to be printed. Mr. O'NEALL, of Indiana, from the Committee on War Claims, re­ PORT OF PORTLAND. ported back the bill (H. R. 2564) for the relief of the heirs of Joseph Mr. CLARDY also, from the Committee on Commerce, reported back Kulage, deceased; which was laid on the t..1.ble. favorably the bill (S. 24) to extend the limits of the port of Portlan~l. as He also reported from the same committee, in the nature of a substi­ a port of entry; which was referred to the House Calendar, and, witll tute for the foregoing, a bill (H. R. 10833) for the relief of the heirs ot the accompanying report, ordered to be printed. Joseph Kulage, deceased; which was read a first and second time, re­ FOURTH COLLECTION DISTRICT OF VIRGINIA. ferred to the Committee of the Whole Honse on the Privat-e Calendar, Mr. CLARDY also, from the Committee on Commerce, reported back and, with the accompanying report, ordered to be printed. favorably the bill (S. 2613) to amend an act approved .June 15, 1882, TARIFF. changing the bounda.ries of the fourth collection district of Virginia.; l\II. McMILLIN. I now move that the House resolve itself into which was referred to the House Calendar, and, with the accompany- Committee of the Whole on the state of the Union for the ful"thercon­ ing report, ordered to be printed. · sideration of bills raising revenue. JACOB CAPES. The motion was agreed to. Mr. BLISS, from the Committee on Pensions, report-ed back favora-­ The Honse accordingly resolved itself into Committee of the Whole, blythe bill (H. R. 8534) granting a pension to Jacob Capes; which 1\Ir. SPRINGER in the chair. was referred to the Committee of the Whole House on the Private Cal­ The CHAIRMAN. The House is now in Committee of the Whole endar, and, with the accompanying repro:t, ord~red to be printed. for the further consideration of a bill the title of which the Clerk will STANLEY J. MORROW. read. Mr. STOCKDALE, from the Committee on War Claims, reported The Clerk read as follows: • A bill (H. R. 9051~ . to reduce taxation and simplify the laws in relation to the back favorably the bill (H. R. 7993) for the relief of Stanley J. Mor­ collection of the revenue. row; which was referred to the Committee of the Whole House on the The CHAIRMAN. The pending question is upon striking out sec­ Private Calendar, and, with the accompanying report, ordered to be tion 3 of this bill. During this day formal amendments need not be printed. offered, as the debate will be continued on the pending amendment. ISAAC FIELDHOUSE. Mr. KELLEY. :M:r. Chairman, I send to the Clerk's desk and ask Mr. WHITTHORNE, frgm the Committee on Indian Depredation to have read a brief editorial from the Chicago Inter-Ocean. Claims, report-ed back favorably with amendment the bill (H. R. 8153) The Clerk read as follows: for the relief of Isaac Fieldhouse; which was referred to the Committee THE ABOLITION O"F INTEB~AL REVEl\"UE. of the Whole House on the Private ·Calendar, and, with the accom­ The ;enerable Judge KELLEY seems to have stirred up a good-sized hornets' panying report, ordered to be printed. nest by his unequivocal avowal on the floor of Congress of opposition to the re­ tention of the internal-revenue system. The Republican platform was for cut­ LEGAL REPRESENTATIVES OF MIGUEL DES3IARAIS AND OTHERS. ting off everything e:xcept whisky, and even tbn,t rather than weaken the pro­ :Mr. WHITTHORNE also, from the Committee on War Claims, re­ tective system. The convention contemplated the total repeal of internal taxation as probable in the near future; Judge KELLEY agrees with the Inter­ ported back favorably with an:endment ~he bill (H. R .. 8160) for the Ocean that the time has already come for getting rid of that war tax. For tak­ relief of the legal represen~'l.tives of Miguel Desmarrus and others; ing that position he is charged with willin~ness to promote intemperance in which was referred to the Committee of the Whole House on the Pri­ the interest of protected industries. In proof of this charge a remark made by 1\Ir. Blaine in his Paris interview is often quoted. It is true that l\Ir. Blaine vate Calendar, and, with the accompanying report, ordered to he thinks, or did six months a:;o, that the moral argument was in favor of retain­ printed. ing the tax, but the Prohibition party, which has given the subject special con­ J T. AND C. T. HALET'l'.. sideration and ought to be accepted as the highest authority on that point. holds just the contrary opinion. The fourth plank of the platform adopted at the na­ Mr. WHITTHORNE also, from the Committee on War Claims, re­ tional Prohibition convention, at Indianapolis, six weeks ago, declares for "the norted back favorably with amendment the bill (H. R. 7781) for the immediate abolition of the internal-revenue system, whereby our national Gov­ ernment is deriving support from our greatest national vice." relief of J. T. and C. T. Halett; which was referred to the Committee If the objection urged to the Republican position on this subject were well of the Whole House on the Private Calendar, and, with the accompa­ taken it would equally applyto.the Prohibition position. The two differ in ex­ nying report, ordered to be printed. tent; they also approach each other from different starting points, but if theRe· publicanB are chargeable with favoring" free whisky," then so are the Prohi­ RAFAEL ROMERO. bitionists, only mo1·e so. The truth is that it takes both planks to suggest the Mr. WHITTHORNE also, from the Committee on War Claims, re· whole truth of the matter. There are two great arguments in favor of tho pro­ posed repeal, one financial and one ethical. It is alike for the pecuniary and ported back favorably with a;mendment the bill (H. R. 8~61) for the the moral interest of the American people that the internal-revenue system relief of Rafael Romero; which was referred to the Comnnttee of the should be abolished. On the latter point there is no room for fair controversy. Whole House on the Private Calendar, and, with the accompanying Of course, each individual reasoner has a right to his own personal opinion, but when it comes to an authoritative declaration it miLSt be conceded that a na­ report, ordered to be printed. tional and representative gathering of Prohibitionists is the highest possible MANUEL SILVA. authority upon the moral or temperance phase of the tax on whisky. What could be more absurd than to charge the Republican party with promoting the Mr. WHITTHORNE also, from the Committee on War Claims, re­ liquor interest when it takes a step toward the position occupied by the Prohi· ported back favorably with amendment the bill (H. R. 6361) for the bition party? That touches the utmost verge, the outer rim of the preposterous. The preteusiou that the removal of the tax on whisky would make it dan­ relief of Manuel Silva; which was referred to the Committee of the gerously cheap is based on the assumption that the State authorities could not Whole House on the Private Calendar, and, with the accompanying or would not subject the liquor traffic to special treatment, when the fact is that report, ordered to be printed. everwhere the traffic is either prohibited, except for medical and mechanical purposes, or required to pay special liceuse fees. There is no such thing as PORTS OF ENTRY AT TACOMA AND SEATTLE, WASH. "free whisky" anywhere in the United States, independent of the national Mr. CLARDY, from the Committee on Commerce, reported back fa­ tax. Of course the prohibition and the license laws are often evaded and con­ temned, but such violation would not be increased or aggravated by removing vorably the bill (S. 1128) to create ports of entry at Tacoma and Seat­ the national tax. On the contrary, the latter has created and maintains a tle, in Washington Territory; which was referred to the House Calen­ whisky ring which is one of the great hindrances to the enforcement of tem­ dar, and, with the a~companying report, ordered to be printed. perance legislation. The enormous fuud at the command of the liquor trust is largely due to the machinery of national taxation, and it is only natural that JACOB NEWHARD. the Prohibitionists, who find their work constantly impeded by the whisky ring with its millions, should demand the immediate abolition of the internal- Mr. YODER, from the Committee on Invalid Pensions, reported revenue system. . back favorably the bill (H. R. 4855) granting a pension to Jacob New­ The enemies of the Republican party who prate so loudly of "free whisky" hard; which was referred-to the Committee of the Whole House on the should know that the trick they are trying to play will not work. If the elec­ tion were to come off in August it might, but long before November the bottom Private Calendar, and, with the accompanying report, ordered to be will fall out of the hypocritical sham, and the mischief will react. Judging printed. from the developments up to date, the Republican party is to be assailed this PUBLIC BUILDING AT SALT LAKE CITY, UTAH. time with platform lies rather than with personal abuse of the standard-bearer. Perhaps the latter will come out late ron the Morey letter plan. However that Mr. BANKHEAD, from.the Committee on Public Buildings and may b.e. the first duty of the citizen is to form an intelligent idea of each plank -

• 1888. CONGRESSIONAL .RECORD-HOUSE. . 6303

in the platform, especially this most assailed one pledging t~e party to condi­ The gentleman from Maine insists that in the twenty years between tional abolition of the internal-revenue system. To be cordially approved by all who approve the policy of protection and qf lessening the evils of intemper­ 1860 and 1880 the tarifl:' has increased the number of sheep some 80 per ance it needs only to be clearly understood. cent., and the wool-clip 300 per cent. Another gentleman, one of my colleagues from Ohio, has insisted, and has produced a ~ble here, drawn Mr. OUTHWAITE. Mr. Chairman, before proceeding to the sub­ from the statistics of our country, to show that the mcrease of sheep ject under discussion I make .the ordinary request, that. my time be in Ohio for the four years beginning with 1879 was, by the natural ef­ not limited to the usual five mrnutes, but that I be permitted to con­ fect of the tariff, to use his own language, 863,659 sheep, and of wool tinue for not exceeding thirty minutes, though I do not think I shall 5,677,689 pounds. · occupy more than half that time. · Thusdemonstratino- the natural effect of the tariff of 186i to have been the in Ur. :McCREARY. ImovethatthegentlemanfromOhio [Mr. OUTH­ crease of the flocks o';; the one hand, and a.la.rge incre:1se of wool on the other WAITE] be allowed thirty minutes. Now, I had supposed that the natural fecundity of ~he flocks has M:r. EZRA B. r.r..AYLOR. Mr. Chairman,· in view of the attempt something to do with this increase. 1 snppo~ed that mste3:d of t~e that is being made to fix an early hour for a >ote upon this para~raJ?h, tariff being a sort of providential prolific projector of sheep mto th1s and in view of the fact that there are several gentlemen on th1s stde country, nature had something to do with their increase, .and the shep­ who desire to speak, I think that perhaps speeches ought t.o be limited herd with his care and protection had made the most of 1t. to some less time than thirty minutes. I ~o not 1Vant to mterpose a.n I have examined the Statistical Abstract of the -qnited States, pub­ objection to the motion just. ~ade; _but If my c~lleague fro.m .Ohw lished in 1887, to see how nature, supplemented by the care and con­ [Mr. OUTHWAITE] will be satisfied w1th twenty mmutes, I think: that cern of man has dealt with other domestic animals-to see whether will meet with general al)proval. sheep were the only domestic animals that in this period of time have Mr. DOCKERY. Let me suggest to the gentleman from Ohio [Mr. increased so rapidly in number. In the first place, I find by the Sta­ EzRA B. TAYLOR] that ~ry few $peeches have been made on this side tistical Abstract, page 251, that from 1866 to 1886, the twenty years of the House on this question. / immediately previous to the enactment of the high wool tariff, the in­ Mr. EZRA B. TAYLOR. Iwithdmwmysuggestion, Mr. Chairman. crease of sheep reached 50 per cent. Next I look in the same table in The CHAIRMAN. The gentleman from Ohio on the left ofthe Chair another column at the number of milch cows, and I find that in the [Mr. GROSVENOR] also asks to be allowed thirty minutes, and if there same period of time the increase was 150 per cent. be no objection consent will be given that each of the gentlemen from Now I expect some ardent advocate of the protective theory to rise Ohio [Mr. OUTHWAITE anu Ur. GROSVENOR]' shall be allowed that np and' say that the cows increased because of the protective tariff on time. cheese and butter [laughter]; so I will draw no infe~ence from that There was no objection, aml it was so ordered. itenJ. I next take the number of horses, and find thatm the same pe­ Mr. OUTHWAI'l'E. 1\Ir. Chairman, I regret tbn.t the gentleman who riod they increased over 200 per cent. It may be that some ardent and is to follow me [Mr. GROSVEXOR] has not preceded me in this discus­ enthusiaRtic protectionist will say that this was because of the tariff on sion. We have reached that part of the bill which provides for placing curled hair. [Laughter.] The next topic in this table to which I call raw wool upon the free list and reducing correspondingly the duty upon attention is the number of swine, which increased in this same twenty goods manufactured from wooL As my colleagues upon that side of years of time nearly 250 per cent.; but then there is the tariff on bris­ the\House with great unanimity insist upon retaining this duty upon tles to account for that. [Laughter. J The next ite I take is the wool and the higher duty upon woolens, I shoul~ hn.~e. been glad to number of oxen, which increased 350 per cent. in the same period; but . have heard from the gen tlernan his reasons for the1r pos1t10n other than then there was a tariff on hides and tarifl:' on tallow, and of course that political reason 3. was the cause of the increase in this class ot domestic aninlals. Will placing wool upon the free-list.affect injuriously the interests of Mr. DINGLEY.• There is not any duty on hides. the men enaaaed in the sheep-raising industry? Listening to m..'tny of Mr. OUTHWAITE. There was a tariff during a part of the time­ the speech~ ~de aaaiust this step uill not bring one to the conclusion up to 1872; and the increase was ahoutas rapid during the period that that such a result m~st follow such legislative action. Will it benefit the tariff was in force as it bas been since it was taken ofl'. such interests? If I had serious doubts upon this question I rillght at­ But here is a domestic animal that beats all the rest, and it is en­ tempt to pre>ent what is proposed in this section of the bill. We must tirely unprotected. I find that in this J?eriod of time mules increased consi.derwhether the proposed reduction in the wool and ~oolens ~che~­ 800 per cent., and there is no protective duty on this class of domestic ule will injure either industry; but we can not help seemg that It will animals-neither upon its hair nor itq hide. result in lower-priced clothing. Every wearer of garments made of Mr. GROSVENOR. That increase was owing-- wool-and who is not in this broad land ?-may expect increased com­ Ir. OUTHWAITE. I am not paired with the gentleman to-day, fort as a direct result. The tax paid 1ast year upon wool and woolen politically or otherwise, and I have not time to be interrupted. goods was $35,646,497,63. How much was the additional tribute paid I want to call attention now to st..'ltistics in regard to raw cotton. In upon them to the favored manUfacturers. this same period of time ra.w cotton increased 200 per cent. Yet there The aentleman from the Eighth district of Ohio [Mr. KENNEDY] was no duty on raw cotton. occupied some time when this subject was last under consideration in I think the citation of these examples nui.y possibly reflect some discussin(J' this section of the bill. I listened with fixed attention to light upon the proposition that it was t_he ta:ri.ff alone has produced hear what he would say, during some forty minutes of time, in favor the increase in the ·number of sheep m this country. But lest I ·of the position occupied by the Repu~lican members of Ohip upo_n may be taken up on that, I call attention to the increase of sheep this important question. I followed h1m closely all through;. and 1t and the increase of the wool clip during nearly the same period in has been a lona time since I have heard so thoroughly exhaust1ve and countries which are entirely free-trade. I have here the volume issued exhausting, soo profound and so comprehensive a consideration of a topic by the Treasury Department concerning wool and manufactures of under discussion in this House as that ofwhichhe gave us the benefit. wool-a special reportonthatsubjectr-andifindon the forty-fifth page It reminded me of a lecture that I attended in my youth, delivered some statistics in reference to this article. In India in 1859 there were by the celebrated Artemas Wa:d. ~he title of the lecture wa~ "Sixty only 14,000,0VOpoundsofwool raised; but in 1880 there were 50,000,- minutes in Afdca." The and1encehstened to the lecturerw1th wrapt 000 pounds raised-an increase of over 250 per cent. There was no attention for fifty-nine and a half minutes while he wandered all over tariffthere to account for that. Take next the African colonies; in the universe, touching upon every remote subjecb that his mind could 1859 there were 14,000,000 pounds raised; in 1880, 46! 000,000 pounds, reach, and then closed with this allusion to the subject of the lecture: an increase of quite 225 per cent.. Did any tariff make this increase? "Africa; Africa is noted for the strong fragrance of the rose found there There was none. in great abundance-the negroes." Without any tariff whatever upon wool, Australia. in 1860 raised 55,- Now my colleague kept io his subject about as thoroughly as did 000 000 pounds; in 1880, 392,000,000 pounds, an increase of over 600 that le~turer. I attempted by whatmighthave beenconsideredaflip­ per'cent. and twice as much as in this country with its protective tariff. pant and impertinent inquiry to intetject into his rem:uks some~ing This immense wool crop was from 51,000,000 sheep, mMking the aver- concerning sheep or wool; but I see that the gentleman has exerciSed age nearly 8 pounds p.er fleece. · his privilege of revising me entirely out. of the RECORD, an~ thereby If the tariff is the producer of our increased growth of wool, please revising out of his speech the only allu.:non to wool that might have account to me for the increase in these countries-the number of been found in it. sheep, amount of wool, and weight per fleece. While I am upon this Gentlemen upon the other side have insisted upon certain proposi­ topic I wish to cite the great increase throu~hout the world in the pro­ tions as being good reasons w by the duty should be ~etained upon wool. duction of wool as evidence that the price of wool is influenced by sup­ One of those propositions is that the tariff has increased the number of ply and demand. sheep in this country abnormally; another that the tariffhasincreased the clip of wool. .My colleaooou.e [Mr. BooTHMAN] introduced a table to show the de­ crease in Ohio for four years following 1883-the result, as he argued, How they do fire off statistics to sustain these assertions! There were of the reduction of the tariff made at the beginning of that period by so many sheep in such a year, and there were so many more in such the Republican party. By hiB table ~e shows that in the four years another later year. There was a high tariff on wool during this period; followina that reduction of the tariff there was a falling off of 1,019,049 therefore the tariff produced more sheep and the sheep produced more in the of sheep, and in the quantity ofwool7,704,073 : wool. Yes, indeed; and each sheep grew more wool and better wool n~mber po~ds. . because of this tariff. How many such arguments we hear! That is very plausible upon_its face. It ~ooks as if the falling off ~~ht be attributed to the reduction of the ta~ But I have here a similar . r • 6:}04 CONGRESSIONAL RECORD-HOUSE. JULY 14 ' table prepared by an active and energetic journalist in the State of are included in the ·sum to make the average. I wish .to be fair in Ohio, drawing his data from exactly the same source. It is with re­ these comparisons. gard to the effect-if tariffs have any effect upon this question-of the But some one may say that it is not fair to compare the prices dur­ high tariff of 1867 upon the number of these animals reared in our ing the ten years from 1857 to 1866, inclusive, with the prices during State. the ten years from 1867 to 1876! inclusive; yon ought not to take a. I will insert the table and some comments of the gentleman who period of national and financial disturbance, but a period when there made it in my speech: was no such disturbance. Very well, then, let us take the low-tariff period from 1850 to 1860, during six years of which the duty was 30 Years. Sheep. Wool. Years. Sheep. WooL per cent. and for the other four no duty. In the October market of these ten years the average price. of fine wool was 51.4. To get away from the inflation period as far as I can I will take from 1877 to 1886 Number. Pounds. Number. Pounds. inclusive. Calculating the average price of fine wool, October market: 1867 ...... 7,555,507 24,848,629 1883 ...... 5,130, 920 24,349,109 1 7,688, 845 22,940,479 1884 ...... 4, 968,794 23,558,713 I find it was 39.7 cents per pound. 1~:::::::::::::::::: 1 6,272, 640 19,292,858 1885 ...... 4, 928,332 22,081,522 During the first six years of this last period the duties were 90 per 1 870 ...... 5,052,028 1G, 711,521 1886 ...... 4,272,463 22,161,358 cent. of the highest ever known, being from 45 to 55 per cent., and during th other four years ~be duties ranged from 40 to 50 per cent. Result. Sheep. Wool. The-average duties for these ten years were about four times the average duties for the ten years with which I have just compared the averaO'e prices of fine wools as shown by the table. But I am not left to the Number. Pounds. deductionswhichimaymakefromthese.fig~. On Decemberl7,1869, Decrease in 1870 from 1867...... 2, 503,479 8,137,108 Decrease in 1886 from 1883...... 858, 457 2,187, 751 twenty months after the high-tariff act had gone into effect, a Repub­ li~n Secretary of the Treasury sent to the Hepublican Congress then in session a document prepared by a Republican special commissioner The tariff was placed on wool in 1867; 5 per cent. of it was removed in 1883. Now. if the remo,,a\ or 5 per cent. caused a decrea e of 858,457 sheep and 2,187,751 of revenue, from which I wish to read some extracts. They gi>e the pounds of wool in four years from 1883 to 1886, will Mr. C9wden b9 kind enough conclusions of this commissioner as to the effect of the passage of that to tell me what caused a decrea e of2,503,479 sheep and 8,127,108 pounds of wool act.. They are as follows: in the four years from 1867 to 1870? , · W.A.TAYLOR. Nearly two years have now elapsed since these mea.sm·es were consumm:~,ted, giving ample time for experience to test the principle. And what to-day is that There wns a decrease in four years after the tariff of 1867 was put experience? First. Wool to the agriculturist at a lower price in gold than has almost on wool of 2,503,4 79 sheep in the State of Ohio. Please tell me why, if ever before been experienced, the average price of medium American washed the taking off of the tariff diminishes the number of sheep, the put­ wools from 1827 to 1862 having been 42.8 cents per ponnd (gold), while th~ aver­ ting on tariff does not increase instead of diminish the number? age price of Ohio wools for the year 1868, reduced to gold, was only 35.21 cents, or which is less than the average price of 1858, when, under the influence of the Ur. WILKINS. Permit rrie to answer the gentleman's question. disastrous crisis of 1857, a large portion of the mills of the ~ntry were stand­ M:r. OUTHWAITE. Answer in your own time. ing absolutely idle. For the year 1869 the price paid in Ohio for medium wools Ur. WILKINS. One million and a half of sheep were driv-en into has been abont 43 cent.s currency (32! cents gold). Second. A decrease of the number of sheep in the United States, estimated Texas that. year. by the Commissioner of Agriculture at 4,000,000 for the single year 1868, while Mr. OUT.HW AITE. That is not an answer to my question and is a othe.r authorities place the total decrease as high as 25 per cent. since the pas­ statement which is unfounded so far as the statistics are concerned. sage of the wool tariff. Third. A condition of the woolen manufacture chara,cterized by a. greater de­ There was a falling off in the Ohio wool clip of ovel' 8,837,808 pounds pression than that of any other branch of industry in the country with the ex­ in four years after putting on a high tariff, or a falling off of nearly four ception of ship-building; small profits accruing to a few, heavy losses to the times the amount shown to have been the falling off in four years after many, with numerous and constantly recurring failures. Fourth. An increase in the importation of foreign fabrics of wool; the im­ the reduction of that tariff. ports for the fiscal year 1868 being returned at $'32,458,884, and for 1869 at 34,- Suppose the statement of my friend to be absolutely correct. Even 620,9-13. suppose that a like ratio of all the sheep of the United States were Gentleman protectionists now question all this and shout out: Ex­ driven into Texas, would that account for the fact that there was a plain! Explain! I can give no better explanation than this same com­ diminution of 7,534,382 sheep in the United States in four years after missioner gave. Satisfied with his statement, and adopting it, I quote 1867. There was also a diminution of 18,000,000 pounds in the an­ it here: nual clip within four years after this increase of tariff on wool in The manner in which the present extravagant duties on the importation of 1867. 'Vhat inference in favor of a restoration of that tariff do gentle­ foreign wools operate to prevent the prosperity and extension of the domestic woolen manufacturing industry, and to reduce the price of domestic wool, is a men across the aisle draw from these iacts? matter not difficult of explanation. I have here a pamphlet which is entitled, "Facts about wool The wools of the United States are mainly the merino clothing wools, which and woolens,'' sent to me by some zealous Republican protectionist in can be produced in any quantity and at prices which defy foreign competition. 'Vool has been raised in Texas during the last year (1868-'69) in large quantities order that I may read, learn, and digest its contents, so as to vote in­ at an estimated cost of 7 cents (gold} per pound, and has colll'ID.Rnded readily in telligently on the subject, because you know I belong to those igno­ the market 25 cents (gold) per pound. It is furthermore to be noted that Ger­ rant, blundering Democrats that Mr. INGALLS's candidate for the Vice­ man-Saxon wool, which during the last year has touched the lowest price almost Pres1dency alluded to on the floor of the House the other day. of the century, could not now be imported, even in the absence of all duty, and sold at so low a price as the average prices which XX Ohio wools have com­ This pamphlet is written by Dr. E. P. Miller, author of the "Fal­ manded during the past season in the New York market. lacies of free-trade," ''Protection the farmers' only security," and sev­ On the other hand, wools which the existing tariff excludes are mainly wools eral works on medical topics. Just see whether he mixes up his quack­ which are either not grown in the United States or grown in very limited and insufficient quantities. The American manufacturer, therefore, being restricted ery on medicine with his quackery on the wool question. [Laughter in the selection of his raw material, is, of necessity, restricted in the variety of and applause.] his products; and the great quantity of machinery brought into existence by the demands of the war has in consequence been forced, in great part, into one Here is a table containing a statement of prices of unwashed wool in line of production; overstocking the markets with certain descriptions of fab· New York and Philadelphia markets from 1824 to 1887. I have on the rics, unnaturally reducing prices, restricting diversity and extension of pro• opposit,e side a table of changes made in the tariff law. The two tables duct ion, and bringing disaster npon the whole business of wool manufacturing. show on inspection, first, that the price of wool went np after reductions I shall now return to the pamphlet of Dr. E. P. Miller for farther sta­ of duties quite as often as it went up after an increase, and in the sec­ tistics and argnments in favor of free raw wool. Understand clearly ond plaee, the price went down after increase of duties as often as it that be had nd intention that his production should be put to such base went up after an increase. Th~re is another proposition contained in uses. I shall now use the language of this gentleman who proposes to these figures. instruct us how to vote. I ~ke from the table the average price of fine wool for the month of The reader will remember that the first duty placed on w9ol in this country January during the ten years immediately preceding the high tariff, was in the year 1824, after thirty-five years of ft·ee wool. The price of fine wool ·and the·averag:e price in the month of January was 63.8 cents per in January of that year. it will be noticed, was 68 cents; in April, 70 cents; in July, 55 cents; in October, 60 cents. Now notice the price in 1837, after twenty pound. Taking from this table the average price in the same month dur­ years of high tariff; in Janna.ry, 33 cents; in April, 33.cents; in July, 31 cents; ing the first ten years immediat-ely following the high tariff of 1867 and in October, 35 cents. Show a decline in the month of January of 35 cents a the price fell to 56.2 cents per pound. I am making all these com­ pound; in April, of 37 cents; in July, 2L cents; in October, 2-5 cents; or an parisons of the prices of fine wool. avernge decline throughout the year of 29t cents a pound. M:r. BUCHANAN. Then the tariff is not added to the price of the That is a pretty picture to hold out to the wool-growing farmers of wool? Ohio to tndueo them to vote to keep the tariff on wool. In vjew of Mr. OUTHWAITE. I am giving you some protection Republican it can you wonder tha.t they: no longer desire theTestoration of the tariff authority upon the effect that a tariff has on the prices of wool. Take of 1867? But I must rea.d~on. The doctor says with emphasis: the second decade, when the high tariff was still on, and the average Fine wool sold in the New York and PhHadelphia markets after.thirty-five price for that period fell to 41.4 cents during the month of .January, yeat·s of f1·ee wool on an average of 29• cents more per pound than it did in the being 22 cents less in the ten tariff years than for the ten years of low same markets after twenty years of high tariff duties. - tariff. Six years of the period which I have designated as the second Are we u; go on in this downward course? The wool-growing in­ decade of high tariff were before the reduction of 1883. In. fact, as I dustry of ~Y State is declining under the baleful influence of the pres­ am comparing January prices, seven of the ten before that reduction . ent hi~h tariff. ·Shall we make no effort to arrest that decline '1 But 1888. CONGRESSIONAL RECORD-HOUSE: 6305·

here is another paragraph, and it is drawn, too, correctly, from the Mr. EZRA B. TAYLOR. It is a very short question. tables, which I have compared to see whether he has been juggling Mr. OUTHWAITE. I prefer not to yield the little time I have. with the figures or not: Mr. EZRA E. TAYLOR. Under thQl?e figures and under your state. Another fact. In 1866, the year before the highest tariff was placed upon wool, ment, do you think, applied to wool, that the tariff is a tax? fine wool in January was 70 cents per pound, in April65 cent.s, in July 70 cents, Mr. OUTHWAITE. Do I think the tariff is a tax? Yes; I think in October 63 cents. it is, and I now propose to show from good Republican authority that Mrw DORSEY. Will the gentleman allow a question? it is a tax; not using the word tax at all. . Mr. OUTHWAITE. I have but a few moments. I prefer not to 1 read now from the speech ot the gentleman from Maine [Mr. DING­ yield. LEY], which, I think,_will confirm th~ statementlhavejustmade, and Mr. DORSEY. I only want to ask what was the price of gold at I quote from page 6757 of the RECORD: that time? Nothing can be clearer than if wool is admitted free of duty, it will resuU in M:r. OUTHWAITE. The gentleman can take his own time to answer a decline of wool nearly to the extent of the duty. his questions- That is a proposition that I commend to the attention of gentlemen while in January, 1884, the year of the highest production on wool in this coun­ try, seventeen years after the highest duties known in the history of the country, on the other side, ''that it will result in a decline in wool nearly equal tine wool sold at 40 cents in January,~ cents in April, 35 cents in July, and 35 to the e~tent of the duty." ·You accept the proposition of the gentle­ cents in October. This shows an average decline in price of 27t cents a pound man from Maine and indorse it. You believe it to be true. And not since the adoption of the highest duties. only that, but that the woolens the people wear will decline con·es­ The gentleman has interrupted me to intimate that this decline is at­ pondingly. I accept the latter as a necessary result of free wool a~d ., tributable to the fall in the price of gold and that the tariff on wool has will give my reasons further on: If imported wools are reduced m sustained the price of wool; that the farmers know these things to be price it does not follow that the price of fine do~estic wools must be true. also red need. If these be facts, the farmers of my district do not know them to Mr. DINGLEY. The gentleman does not want; I am sure, to do be, but deny both propositions. The decline is still going on, and they me an injustice by quoting only one-half of the remark. want to stop the decline, if possible, by legislation. Mr. OUTHWAITE. Certainly not. I am not going to do the gen­ A MEMBER. How are you going to stop it? tleman any injustice. I am going to give the gentleman the benefit of Mr. OUTHWAITE. I do not know whether it is possible or not; I his own remarks; but I am simply commenting upon it as I go along, do not think it is possible to do so by increasing the tariff. Is not the as I have something to say myself in this connection. That is a clear, increased supply throughout the country and the world bringing the plain statement, the proposition that to reduce foreign wools to the price down? But I am quoting a Republican as authority now, and manufacturers equal nearly to the extent of the duty necessarily will though I do not agree with him in all his conclusions, I do agree with reduce woolens to the people. him as to his facts. He says: We have in Ohio a very intelligent gentleman. I know that he Another important fact should be observed, while the price of fine wool, on is an intelligent gentleman, because he once represented his district which the highest duties were placed, had declined an average of 29l cents a pound from the year 1824 to 1887, the price of coarse wool, on which the lowest in Congress as a. Republican, and that ought to be a sufficient indorse­ duties were placed, had advanced 4 cents a pound. ment for him npon the floor of this House, who i'l a sheep-raiser and The duties then do make a distinction as against the finer qualities has a flock of 200 head or more, and I heard him say not long ago that and in favor of the coarse. Well; in Ohio we take pride in raising the he would give all the benefits he now receives upon the whole wool­ very finest wool that is produced in the United States. clip of his flock by the protective tariff for the privilege of buying one Again, in January, 1866, before the highest dt1'ties were placed upon wool, the untaxed pair of pantaloons. difference in price between tine wool, upon which we had highest duties, and Now, I will go on with the statement of the gentleman from Maine. coarse wool, on which were placed the lowest duties, was 20 cents a. pound. He says: That is coming down a little nearer to the region of the present time, But after this decline has wrecked wool-growing in this country and one· and here he reaches it. sixth of the production of the world has been lost- While in January, 1887, tine and coarse wool sold at the same price, and in July of the same year coarse wool sold at 1 ceut a pound higher than fine wool. Mark, you, Mr. Chairman, every industry that is touched by the bill is going to bewreckedandruined; and the sheep, accordingtoonegentle­ Again this gentleman has a paragraph in this pamphlet which he man who spoke the other day, are to be driven out of the country; and heads "Free wool does not lessen the cost to the consumer;" in other according to another gentleman nothing but annihilation and destruc­ words, free wool does not lessen the price to the manufacturer; in tion will result to the wool industry of the country. It will be crushed other words, free wool does not lessen the price that the farmer re­ out, he said upon this floor the other day. I was threatened with the ceives, and he proves it by figures from the same table. loss of the wool vote in my district if I had agreed to stand by this sec· In 1853 wool under 8 cents a pound was admitted free of duty·; the price of.fine wool in January of that year was 55 cents a pound; while inJanuary,1834, it was tion of the bill. 70 cents, a rise of15 cents per pound; the price of coarse wool in January, 1833, was In my district there is one very excellent precinct. It is a precinct 33 cents a pound; in April it was 38 cents; in July, 40; in October, 45, and in that is known by the name of Goosetown. At the late primaries I January, 1834, it was 48 cents a pound, showing an advance of 15 cents a pound · in one year after putting wool on the free-list. was most thoroughly indorsed and supported in that classic precinct, Again, in 1857, when wool valued at 20 cents a pound or less was put upon the and it was reported that the next morning in the police court appeared free-list, although it fell off a little in 1858, it was 2 cents a pound higher in several of my constituents from Goosetown, some with discolored cuti­ January,1859, than in January,1857. Do not the facts prove clearly that putting wool on the free-list does not lessen the cost to the consumer, as claimed by the cle around the eyes and others with noses slightly swollen. But they opponents of protection? And if the price of wool advanced after it was made had fought like brave men long and well, and I had hoped they would free, as it did in these case~, how are consumers in this country benefited by be there in November to fight my battle as valiantly again, if need be. free wool? What am I to do now? According to the gentleman from New Jer­ These facts certainly sustain the heading of the paragraph. What sey I am oath-bound to support this bill; and I find, to my horror and interest has the wool-grower in keeping on the tariff or increasing it dismay, that this bill to which I am thns pledged puts feathers on the in_the face of such proofs that it would not injure him to have free free-list, and willcFush, destroy, annihilate, and totally wreck the goose wool? But my protectionist advocate gives other reasons. Of course industry of Goose town in my district. [Laughter.] How many of he never intended these arguments to be studied by wool-growers. you gentlemen do actually believe that taking the tariff off of wool They were for the manufacturers' friends here. _ will destroy the wool industry? How many believe that I am oath­ I will now read another paragraph, which he heads "The price of bound to vote for this bill or any line of it? . wool is not raised by increasing the duties;" and I commend this to Mr. HOPKINS, of Illinois. Do I understand the gentleman to say my friend from Ohio, who wants the duty of 67 cents restored. he is pledged to support that bill ? . In 182:1, after thirty-five years of free wool, the price of tine wool in January Mr. OUTHWAITE. I referred to the statement of the gentleman was 68 cents, and in April, 70 cents a pound. In May of that year a tariff of 15 and 20 per cent. was placed on wool, but the price instead of going up went from New Jersey (Mr. PHELPS). down, for fine wool sold in July at 55 cents; in October, at 6(J cents; in January, Mr. WILSON, of Minnesota. Sworn to according to the statement 1826, at 55 cents, and in .January,1827, at 36 cents. Again, in 1842, after ten years of the gentleman from New Jersey. of nearly free wool, a tariff was placed on low-priced wool, and in January of that year fine wool was sold at 48 cents, and coarse at 3-5 cents; in January,18<13, Mr. OUTHWAITE. "Imposed an oath upon every one of them" fine at 35 cents and coarse at 25 cents per pound. was the language he used. I am not mistaken. Let me go on with * ... • • "' * * this little dissertation. After the tariff act of Ma.rcb,1867, the highest in the history of the country, the Mr. OUTHWAITE. The proposition is ridiculous that it, the bill, price of wool declined instead of advancing, for it sold in January,1866, at 70 cents; in January,1867, at 68 cents: in April, at 60; in July, at 55; in October, at will destroy the wool-growing industry. ~ It is an industry which pays 48; and in January, 1868, at 48 cents a pound,; in April, at 50; in July, at 46, and very· little for its labor, and in which the natural increase each year is in October, at 48, a decline in one year of 20 cents a pound. from 75 to 80 per cent., and which has the additional value in the Mr. BUTTERWORTH. Whose speech is the gentleman quoting markets of being a meat-praducing industry; that that industry will from? . be destroyed by taking a little of the tax off imported wool, or even Mr. OUTHWAITE. I am not quoting from a speech, but from a taking the whole of the tax off of such wool, is not to be believed. pamphlet. - · · · _ Let me call the attention of gentlemen right here to the fact that there . Mr. EZRA B. TAYLOR. Will the gentleman allow me a question? are countries upon the face ot this globe that have no tariff upon wool, Mr. OUTHWAITE., I really have not time. · • and that in those countries the indru:try is flourishing as well as it is in XIX-395 ·''

6306 ·coNGRESSIONAL RECORD-HOUSE. JULY· 14,

this country. They are scattered all over the worid; and in some i:t;l­ So far as the undervaluation of imports is concerned we have taken stances are doing better, aecording to the statistics that I read a few care of it in this bill. So far as any danger to the manufacturers is moments ago, than this country is so far as wool-growing is concerned. concerned, I do not believe that it exists. They have been able to take To read on from the gentleman's remarks: care of themselves. We have made a fair proposition, which is to But after this decline bas wrecked wool-growing in this country and one­ make a reduction equivalent to the reduction which shall result from sixth of the production of the world has been lost does any one doubt that for­ the taking off of the tariff on wool, that which they have paid hereto­ eign wool-growers will take advantage of the situation to increa.se the price, so that the ultimate result will be greater cost of wool clothing? fore 01,1 that part of their raw material which they imported. I have here a little thing wmch I think shows the cause of the solici­ When one-sixth of the world's wool-growing is lost. tude of gentlemen upon the other side of the Honse on behalf of the Then we are to ba destroyed! There is to be a grand combine. The manufacturers at this time. It is from a paper c.·llled the Tarift Chinese are to come in upon us. People are to assemble in a monstrous League Bulletin, which professes to be ''devoted to the protection ot wool tt:n.St from every civilized and uncivilized land. They are to come ~erican labor and industries," On the first page of it there is a from the steppes of Asia and the colonies of Great Britain, whether in comment upon what it calls the ''confidential letter of the Republican Australasia or Africa. They are to come from the heart of Russia. They League of the United States," and here is what the editor says about are to come from the Argentine Republic and Uruguay, from Canada, that letter: and from the South Sea Islands; and all get together and co111bine to It would be useless to criticise thetoneofthis" sensational document," or the control an industry that produces nearly 2, 000,000,000 pounds of wool, temper with which it assails American manufacturers, in words which it says worth about $400,000,000 annually. Simply to call attention to it "are strong and bit.ter,butthey are true." And wewillnothere comment upon the unfortunate policy of the letter which enforces a peremptory demand for in this way is sufficient answer to the proposition. money with a threat. My friend from Ohio stated that already the price of wool had gone It is important at this time only to review the charges against American man­ down from fear of ~e .Mills bill. "The reduction in price has been oc­ ufacturers, which are the bone o.nd sinew of this "confidential letter," without which it would receive from us no comment whatever. They are quoted, it is casioned by the pendency and discussion of the Mills bill alone." -Can true, from an eminent Republican Senator, but they are quoted with approval it be that such an intelligent constituency as ills would let the price and declared to be true. of wool go down on account of the discussion of the Mills bill alone, These charges, when stripped of t-heir discreditable verbiage, are, first, that the" campaign which we are about t~ enter will concern more than anybody else when there sits the Republican Senate at the other end of the Capitol tbe manufacturers of the country"-" men who are getting practically the sole (as has often been boasted by gentlemen) ready to save this country benefits, or at least Lbe most directly imporkmt beneflts, of the tariff laws;" from destruction? Perhaps they have no faith in that body. Perhaps and, second, "That while reaping the fruits of the tariff policy they have been very laggard in their contributions to the Republican cause." Their conduc~ is politics does not control the price of wool; but the rule of supply and called'' eravenal parsimony." The New England mnnufacturers, it is said, ha~e demand does. been somewhat less parsimonious than the others. llut of Pennsylvania. man­ I· ', [Here the hammer fell.] ufacturers it says, in language both vigorous and picturesque: "If I had my way about it I would put them under the fire and fry all tho fat The CHAIRMAN. The time of the gentleman has expired. out of them." Mr. OUTHWAITE. As I have not talked on this subject in the And {he might have added) "bold my dripping-pan under them to general debate I ask to have five minutes longer. catch this fat to make soap out of for W. W. Dudley to carry on the Mr. GROSVENOR. I hope the gentleman will be allowed five J?in· campaign with in ·Indiana." [Laughter.] utes more. This editorial proceeds: There was no objection. But while mannfu.cturers derive no greater advantages from protection than Mr. BUTTERWORTH. I wish my colleague, if be will permit me, other classes in proportion to the magnnude of their enterprises, they never­ would state his opinion as to the influence of a protective tariff upon the theless do contribute far more than all other classes to its support. The records of the Republican party prove it. Those who have been engaged in collecting wool industry, giving the reasons for his opinion, and then stating funds for its defense will testify to it. whether he is in favor of or opposed to a protective system in its be- half. ' Well, if the records of the Republican party prove it, of course the Mr. OUTHWAITE. That would simply cut off the rest of my re­ Republican party ought to serve those who employ it for that purpose. marks; and !have a particular speech in my mind tbatiwant to finish. The editor continues: - We therefore deny the assertion of the Senator whom the Republican Le~gue Mr. BUTTERWORTH. That is the kind of speech that will bring bag chosen for its mouthpiece, and we affirm that more than three-fourths of all an answer in the district. the money used in support of Republicanism and protection has come from men J\fr. OUTHWAITE. I will speak in the district this fall. directly or indirectly engaged in manufactures. I have here some propositions similar to that of the gentleman's Mr. Chairman, I want to close with these sentences: Any legisla­ with regard to the destruction of the wool industry which I saw in a tion that is purchased is vicious legislation. Any legislation that is paper this morning; "that everybody in this country was alarmed ex­ bought with money, no :ma.tter what its purpose may be, is legisla­ cept the foreign importers and the foreign shippers, because the duty tion that the people of the country should beware of. Any legisla.tion of 15 cents is to be taken off potatoes.'' Everybody alarmed! My con­ which is in return for money paid to carry political campaigns with is stituents in Goosetown are not alarmed. They rest from their labors. injurious to the interest~ of the people. They are ready and willing to accept their potatoes at 15 cents a bushel The CHAI&l\I.AN. The time of the gentleman has expired. less, if such be the effect. But the duty is not to be taken off. Then, Mr. PERKINS. Do we understand from that that yon are a free- here is another article which I cut out of an independent Republican trader? paper this morning, a telegram stating that the iron industry in Hock­ Mr. OUTHW.A.ITE . I do not know what yon understand. ing V a.lley in my district wa{) about to be destroyed. Why? Because The CHAIRMAN. The time of the gentleman has expired. the Mills bill proposed to take $2 per ton off pig-iron. Is that so? I Mr. BUTTERWORTH. I ask that my colleague's time be extended fail to see it in the Mills bill. The cut is only 72 cents per ton. The long enough for him to explain where he stands with reference to this truthful and intelligent correspondent goes on to say that the coal in­ industry. We do not know except inferentially. dustry is going to be destroyed. Why? ''Because we are going to put The CHAIRMAN. The time of the gentleman has expired. coal on the free-list." Such false prophecies of evil are quite common. !Ir. PERKINS. And in that connection I would like to have him Nobody is influenced by them. . answer whether he is a free-trader or not. It is not for fear of loss to the farmer-it is not anxiety on account Mr. BUTTERWORTH. Of course if the gentleman does not want of the farmer that is prompting a great many gentlemen here in their time to make the explanation-- . opposition to this reduction. Mr. OUTHWAITE. You Republicans may call me a free-trader. · The gentleman from Rhode Island expressed it very clearly in a col­ Mr. LA FOLLETTE obtained the floor. loquy between himself and the gentleman from Massachusetts [Mr. Mr. WILKINS. I desire to ask my colleague from Ohio [Mr. MoRSE] the other day when he said that ''the woolen manufacturers are OUTHWAITE] a question, afraid of free wool, because they are afraid of free woolens later on.'' The CHAIRMAN. The gentleman's time has expired. l\1r. OUTHWAITE. The gentleman from Maine [Mr. DINGLEY], Mr. WILKINS. I would like to ask my co1league whether he did says, on page 6757 of the RECORD : not, with all the members of the Ohio delegation, go belore the Ways But the passage of the 1\Iills bill could not even temporarily benefit woolen and Means Committee of the Forty-ninth Congress and protest against manufacturers. The present tariff imposes on imported woolens a specific pound the removal of the tariff duty on wool proposed by the Morrison bill, or square-yard duty, intended to fully cover and little more than cover the duty under consideration in that Congress? I hope be will answer yes or no. on wool, which goes to the farmer, and a manufacturer's duty of 35 per cent. ad ~alor~m on coarse woolens and 40 per cent. on fine. The Mills bill abolishes Mr. OUTHWAITE. There bas been some progress since that time. the duty on wool and also the specific duty on imported woolens, leaving the I trust I have kept pace with it. I vote(!. for the consideration of the manufacturer the same nd valorem duty as- at present. This does not give the Morrison bill without hesitation at the session to which the gentleman woolen manufn.cturer any additional vantage ground as against imported goods. alludes. That is w.hat troubles them, that we do not give the woolen manu­ Mr. REED. We are willing to gi'\'"e the ~entleman from Ohio [1\Ir. facturers any additional vantage ground as against imported goods. OUTHWAITE] more time, as he has neglected to state his position. They want additional vantage ground. ' Mr. WILKINS (to Mr. OUTHWAITE). Did yon not sign a paper at The gentleman says again: that tim~ The CHAIRMAN. The gentleman from Wisconsin has been recog­ In other words, the woolen manufacturer, with free wool and nothing but the manufacturer's ad valorem duty, which is largely overcome by undervalua­ nized. , tions of imports, would not be so well off as now. Mr. BLAND. Since that time the Representatives from Ohio have 1888. CONGRESSIONAL RECORD-HOUSE. 6307

heard from their people. Some of them have been nominated with That- instructions on this wool question; and others rejected without in- The value ofthe production of cotton in the United States increased 77 per structions. cent. - The CH.Al.RMAN The gentleman from Wisconsin [Mr. LA FoL- That- LETTE J has been recognized, and will proceed. The increase in the value of the product in the manufacture of boots and shoes Mr. LA FOLLETTE. Mr. Chairman, before proceeding with my re- was 83 per cent. marks, I ask that I may be allowed time to conclude them without And that- reference to the five-minute rnle. In the manufactme of hardware New England increased t.he value of her The CHAIRMAN. The gentleman from Wisconsin asks an exten- product 100 per cent. sion of time to conclude his remarks. The fallacy of such an argument, the trick of the percentage scheme, A MEMBER. For what period? is so plain to the man who reflects that I only mention it in passing to Mr. CASWELL. As my colleague [Mr. LA FOLLETTE] has not oc- a consideration of his :figures. At this period in our history the man­ cupied the floor at all on this subject, I hope his time will not be lim- ufacturing industries were so small compared with the present that ited. any increase at all would show a large percentage. If there was but Mr. LA FOLLETTE. In the general discussion I lost my place on one factory in a given industry, a~d during the ten years another of account of illness. I would like sufficient time to conclude my re- equ..'tl capacity \las built, there would be an increase of 100 per cent. marks. for gentlemen to talk about, and yet the growth of that industry in the The CHAIRMAN. The gentleman from Wisconsin asks an exten- ten years would be reallyofvery little importance to the country, and sion of time without limit. Is there objection? would indicate an exceedingly slow and discouraging development. Mr. BANKHEAD. I object. To illustrate the misleading character of this style of argument from Several MEMBERS. Say thirty minutes. the facts of history, the percentage of increase in the woolen industry The CHAIRMAN. As the Chair understands, objection is made to from 1850 to 1860 is given as 42 per cent., and from 1860 to 1870 as only an indefinite extension of time, but not to an extension of thirty min- 50 per cent.; and yet the increase in the value of the product from1860 utes. to 1870 was nearly five times as great as from 1850 to 1860. Mr. BLAND. The gentleman had no opportunity to speak in tho No argument. based upon percentages can be relied upon which does general debate. This is the first time he has had the floor. not state nil of the facts constituting th~ basis of the calculations fro.m Mr. DOCKERY. I ask unanimous consent that the gentleman from which the percentages are derived and carry the same system over into Wi~consin be allowed thirty minutes in which to speak on this subject. the different periods with which comparisons are made. The CHAIRMAN. Is there objection to allowing the gentleman The gentleman from Kentucky does not give the und.erlying facts, from Wiscon in to occupy thirty minutes? The Chair hears none. but goes swiftly from the bare percentages alone to this conclusion. Mr. LA FOLLETTE. Mr. Chairman, the gentleman from Ken- He says: · tucky [Mr. CARLISLE] in his speech upon this bill, apologizing to the Instead of paralyzing the industries and pauperizing labor in New England, · h · d f h" d or any other part of the country, for that matter, the tariff of 184.6 infused new R ouse fior d evoting so roueh time to t e peno 0 our lStory covere life and vigor into our languishing manufactures and secm·ed more constant by the tariff acts of 1846 and 1857, said: employmenh and higher wages to our laboring people. 1\Iy only excuse for it is that there has been so mu.ch misunderstanding or Is this true? n:tis1·epresentation concernin~ the ~tory of what the gentlemen on the ot~er It has been said of the tariff act of 1846 touchin~ our leadincr manu- sidecallthe"freetrade"penodthatJtseemednecessarytomak:esomealluslOn .c. t th t ' 0 0 to it. I 1ac ures, a- . . . . . The fact that therepil'esentations and conclusions of the distinguished It put almost nll_dut1es at one of three a?- valorem r~tes WJ~hout any 1~telh· . . . . gent reference to etther revenu~ or protectiOn. Some mdnstnes got a. fatr de- gentl~man from Kent~c1..ry, m referenc~ to thiS most mteresting ~ecade, gree of protection; a. few got too much; the majority got too little or none at all. remam unchallenged and unanswered lS my only excuse for calling the A more accurate statement would be that some branches of a • attention of the .House to the subject now. single industry were practically destroyed. while others in the same No other por.tion of the gentleman's speech was so loudly applauded industry were highly protected under this arbitrary classification. It o?- the ot~er s1de; no other. statements ~o sharply arrested the att.en- fixed the duty on all cotton goods at one of two rates; boots and shoes tion of this House or fell With such telling effect upon ~he gallenes; at one of two rates; the large and widely differing articles of hard ware and surely no other part of that speech has been more Widely quoted at one of two rates· iron in its different forms at one woolens from or comm~nted upon by the l~ading journals_ of this country. . coarse yarns to the' most highly finished clf?ths, one of three, and so on That f~rrnes:; ot n:annerwhlch so adorns his ~tterances from t~e charr through the entire list. In many of these industries there were from '!as earned :VIth him t? the floor, and !ldded ~ts char~ and 1m pres- 10 to 40 di::fferent varieties and articles,, some requiring a high degree of s1ve~ess to hiS d~clarat~ons upon that mteresting occasion. The vast slrill, some largely hand-wrought, and many made almost exclusively aud1en~, cr?wding this Chamb.er to the roof, saw as r::never before by machinery. Hence, under the inequalities of this system, while the berugn mfluence of the tariff acts. of 1846 and 18~7. One not values were greatly disturbed and general progress retarded, while present ?n tha:t day can scarcely realize the happy and succ~ful manufacturers were obliged to curtail the production of varieties in manner m .which a few percentages were made to tell the ~tory their business, they concentrated on the better protected lines of their of that penod as never told befo~e. He ma.y read th~ word~ m cold industries and held up in some measure t!_J.e averages of growth. ~e ..but he can neve~ apprec:xate the skillful .and st~rtling way While the duty on certain kinds of cottons was considerably reduced m wh1ch the stately le~t~rs . of ano~her genera~on, resting ~hro?gh by the act of1846, still cotton fared better than most manufactures, and all these years, secure m thell' reputatiOns as <;ollSlstent, co.nsc1ent10us the coarser cotton fabrics were left amply protected. Indeed, a study statesmen, were called ~ort~ <;m that day, and With rare adroitness, com- of the history of this industry shows that for the last forty-six years the pletely ~asked by ~he JUdi~lal style of the gentleman from Kentucky, tariff on the lower grade cottons has been almost prohlbit<>ry. This made :m-tnesses agamst th~ own record_s. . . . . haq o:ff¢red a safe investment for capital and led to the rapid develop- While under the potent mfluence of hiS v~ICe, so n<;h m the quality ment of these lines through all 'the years, thus keeping up the percent­ !>f candor, one could scarcelY: doubt an~ of h:S conclUSlons. But read- age of growth for the whole industry, even under the acts of 1846 and rng the _speech from the p~1ve a.nd n?-ffimnmed pages of the _RECORD, 1857. This point was clearly made by Mr. De Witt, of 1\Ias..c;a.chusetts, some will have the tementy to question the soundness of his deduc- a member of the Committee on Ways and Means in the disfree trade is lil,re protection. cent. from the rates imposed by the act of 1846. It is true that a portion of the free-list of the House bill which made - And going into this vote in detail, he adds: it acceptable to the manufacturing interests on its first passage was in­ Among them anpears the name of the venerable and distinguished Senator. corporated in Mr. Hunter's Senate substitute and drew to it ·on its re­ who still serves his St·ate at the other end of the Capitol, Hon. JusTIN S. MoR­ turn to the House the votes of eighteen New England Representatives, RILL. bu~ it was there in the Senate that the infernal invention known as the This is an error so gross and unjust as to demand correcti6n, if for "20 per cent. reduction on nearly aU manufactures from the act of no other purpose than to do justice to the honored name of the Senator 1846" was unfortunately joined to a portion of the House bill- from Vermon~, then a member of this House, and rebuke the careless­ Like a mildewed ear ness of the gentleman from Kentucky, who used it with such emphasis Blasting his wholesome brother- and telling effect on the occasion of his speech. I challenge him or any gentleman on the other side to mention a and bringing to the financial and industrial interests demoralization single reduction upon any important artacle of manufacture. by the and ruin bordering on absolute chaos. · bill as it first passed the House, when Senator MORRILL voted for it. The Republicans of the Senate who voted for it were manifestly moved Instead of making, as the gentleman from Kentucky says, "an al­ to do so to secure free raw material tor the manufactures, and escape most uniform reduction of 20 per cent. from the rates imposed by the act in some measure the ruin threatened b_y the existing tariff of 1846. of 1846," as it first passed the House, when all theNew England Repre­ But in many signal instances they prayed to be delivered from the con­ sentatives and Senator MoRRILL voted for it., the bill was a protective sequences of their own acts in voting for the Senate substitute, andin­ measure, came from a committee which made in its report one of the dulged the hope that the House would force upon the Senate conferees most powerful arguments for protection ever submitted by a committee tbejr protection bill, and some beneficial legislation result. of this House, and did not make a horizontal or 20 per cent. reduction at Ron. William H. Seward, who favored then a reduction of the sur­ all. There was a Treasury surplus then as now, and the bill as it first plus, as Republicans do now, was obliged to vote against the Senate sub­ passed the House was designed to reduce that surplus without impair­ stitute, because though it had a little sop here and there thrown to pro­ ment or injury to American industries. It was based upon protective tectionists to catch votes, as this bill bas, it was nevertheless opposed principles. It added such articles to the free-list as were not in com­ to the American system, just as this bill is, and so be tried to strike it petition with the productions of this country. It did nothing more. down. He subsequently supported the conference report. It simply added to the free-list, and made no reduction upon manufact­ And though Senators Wilson and Sumner ·voted for the substitute, ures whatever. the moving reason given by Mr. Wilson, speaking for both, was a­ There was no reason why Mr. MoRRILL should not vote for it, and deep interest i.n the modification of the tariif of 1846 by this Congress. to seek to make that vote cast for the bill as it first passed the House He further said of the Senate substitute: a scar of inconsistency on the record of that gentleman is either inex­ I am confident the bill can not pass the House; but I shall supporb it if the cusable blundering or the meanest sort of political pettifogging. [Ap­ House bill can not pass here, in the confident hope that a committee of confer­ plause on the Republican side.] ence can so blend the two propositions as to secure the support of both Houses. Why, when the bill for which Mr. MoRRILL and all the New Eng­ The gentleman from Kentucky, while claiming such beneficial re­ land Representatives had voted went over to the Senate what did the sults from the act of 1857, bestowed with somewhat too generous hand Democrats there say of it? Did they say it made ''au almost uniform the sole credit for the measure on the Republicans of that Congress. It reduction of 20 per cent. from the rates imposed by the act of 1846? '' was a rare and striking instance of Democratic magnanimity. What Let ns see. Take for instance the statement of that distinguished he did not avow he suggested and implied. In one instance be adroi~ly Democrat who devised the substitute which finally, with some modi­ says: fication made in 'the Senate and some further amendment in conference Here is the vote on tho act of 1857 as it first passed the House, a Republican commfttee became the law of 1857, Ron. R. M. T. Hunter, of Virginia. House, over which Nathaniel P. Ba,nks presided as Speaker. He said: And later, of the >ote on the Senate substitute; be said: And thus the tariff act of 1857, which we· have so often heard denounced on The bill which passed the House does nothing but add to the free-list. The the other side of the Honse, became the law of the land by the votes of Repub­ bill does nothing for the consumers. On all the articles he uses the duties re­ lican and New England Representatives. main as they are, the addition to the free-list is for the benefit of the aanu­ facturer. As the excessive generosity of the gentleman from Kentucky robs And again: the Democrats of their just share of credit for this important legisla­ The bill as sent from the House of Representatives proposes that whatever tion, I give the vote. advantages are to be derived from its operation shall e given to the manu­ The House at that time numbered 234 Representatives. The Repub­ facturer alone and keeping the existing rate of duty on everything else. . licans bad only 108 members and were in the minority, but had se­ I do not know how it appears to other gentlemen, I simply take the cured the election of Mr. Banks as Speaker. The Democrats number- 6310 CONGRESSIONAL RECORD==-HOUSE. JULY 14,

ed 83, and the Americans or Know Nothings 43. Thirty of the Know Expendi- Expendi- Years. Receipts. tures over Nothings "\'fere ·from the Southern Democratic Sta.tes. tures. receipts. Ofthe Republicans who voted, all bQ.t 39 voted against the ta1·iffof I 1857. Of the Democrats who voted, all voted for it except 4. The Democrats who voted for the bill outnumbered the Republicans nearly 1857 ...... ~53. 875, 905 ~66, 041, 143 SZ, 165,238 185t!...... 41, 789,"820 72, 3.>"0, 437 30.540,817 2 to 1. And to thjs may be added the votes of all the Know Nothings 1859 ...... 49,565,824 66,355,950 16,790,126 from south of l\fason and Dixon's line who voted excepting 3. 1860 ...... 53,187,5ll 00,056,754 6,869, 24.3 And thus the tariff act of 1857, which we have so often heard extoll­ 1861 ...... - ...... 39,582,125 ~.616,055 23,033,930 ed on the other side of the House, but which has been execrated by Total ...... 248, 000, 985 327,4.00,3391 79,399,354 the good people ofthis country for nearly a generation, became the law of the land by the votes of Democratic free-traders and KnowNothings from the South. During the eame period the public debt increased y.ear by year as I do not know that I can be.tter illustrate the utter unfairness of the follows: . gentleman's language than to apply his method to the present situa­ tion. Suppose the pending bill should pass here and go to the Senate, that it should there be changed fmm a free-trade bill to a protective bill, should be returned to this House and be passed by it, a few Demo­ ~ii:i-H·Hi.Hi.H::J:· ·.·iiii.ii::iii:H::":2.ii .. :ii.··::-; .. ___ ._·::·;·_::H::]m:; crats voting with the Republicans, how would the gentleman from Ken­ Our imports of all kinds of foreign merchandise, exclusive of coin tucky [Ur. C..A.RLISLE] enjoy the idea of a Repti.blican Speaker of this and bullion, for the year 1849J the earliest date for which the official House a generation hence commg from his high place to this floor to figures are at hand, amounted to $141,206,199 in value. In 185!) they say of the Democratic party, to say of the gentleman from Kentucky, reached the sum of $331,333,341; and in the eleven years from 1849 to that so well pleased was he with the results of the Morrill tariff that 1859 inclusive, amounted to a total of $2,805,369,211. he voted for and made aspe~ch in favor of the protective bill of1888 as it Our exports of all kinds of both domestic and foreign productions, first passed the Honse; that this bill, after undergoing a few trifling e~cepting precious metals, were, in 1849, $140,351,172, and in 1859 changes in the Senate, came back and again passed the House-a Demo­ $292,902,051. In the eleven years the total amount was $2,438,598,- cratic House-Ron. JoHN G. CARLISLE, of Kentucky, presiding? 177, leaving a balance against us on thP- merchandise account of $306,- The honorable gentleman replying to the c~rge respecting the de­ 771,034. pleted condition of the Trea.sury,and especially to the gentleman from J ndged by any fair te3ts-as rev en ne measures, by their effects upon Michigan [Mr. BURROWS],denied that the tariff acts of 1846 and 1857 manufacturing, by their effects upon agriculture-the acts of 1846 and had contributed to the business depression :md bankruptcy of 1857, 1857 fail and Htil signally. and asserted that the credit of the Government had not been impaired The effecf of the aet of 1846 on agriculture is well demonstrated in and no Governm~nt bonds or Treasury notes "sold at less than par" the facts furnished by President Fillmore in his message of December until within ten days of the close of Buchanan's administration. The 2, 1851, p..ve years after its enactment: authority cited by the gentleman to sustain this statement may take The values of ot'lr domestic exports for the la t fiscal year as <'om pared with no account of the d~ails of the Treasury transactions connected with tllosc of the previous year exhibit an increase of $-13,&46,3~2. .At fit-.st this con­ dition of our trade with foreign nations would seem to present the most flatter­ the efforts to raise money during the last year of Buchanan's adminis­ ing hope of its future prosperity. An examination of the details of our exports, tration. Whether discounts were not ent.ered on the Treasury books however, will show that the increased value of our exports for the last fiscal as discounts, but as '• commissions," or in some other manner still, or year is to be found in the high price of cotton which prevailed during the last half of that year, which price has since declined about one-half. The value of whether no record was made and preserved there at all of the arrange­ our exports of breadstuffs and provisions, which it was supposed the incentive ments with syndicates of bankers to float Government obligations does of o. low tariff and large importations from abroad would have largely o.ug­ not signify. History has preserved for us the facts of that vexed period, mented, has fnllen f~·om $68,701.921 in 1817 to $26,051,373 in 1850, and to ,.21,8!8,553 iu 1851, with a strong probabi1ity, amounting almost to a. certainty, of a. still and without favor or political bias hands them down to u.s with their further reduction in the current year. lesson for to-day. The aggregate values of rice exported during the last fi cal year, as compared Appleton's Encyclopedia. for 1861, as well as McPherson's History with the previous year, also exhibit a decrease amounting to ~60,917, which, with the decline in the values of the exports of tobacco for the same p eriod, of the Rebellion, recites the Treasury transactions for that time sub­ make an aggregate decrease in these two articles of$1,156,751. stantially as given in the History of the Protective Tariff, by Hon. R. The policy which dictated a. low rate of duties on foreign merchandise, it wns W. Thompson, ex-Secretary of the Navy and a former member of this thought by those who promoted and established it, would tend to benefit the farming population of the country by increasing the demand and raising the House. I quote from page 426 of his work: price of agricultural products in foreign markets. The foregoing facts, how­ In .October, 1860, tho Secretary of the Treasury, !lfr. Howell Cobb, of Georgia, ever, seem to show incontestably that no such result has followed the at! option who had largely contributed to the results then ex.isting,offered for sale $10,000,000 of the policy. of the 5 per cent.. Government stocks, halt of the $20,000,000 authorized by Con­ gress. Bids were made for this at a small premiumt but only a portion of it was Buchanan, in his message of December 8, 1857, gives this testimony realized, on account of some of the bidders having w1thdrawn their offers. Con­ as to the condition of the country after eleven years under the tariff gress was consequently compelled to pass a law in December, 1860, authorizing acts of 1846 a:ud 1857: the issue of $10,000,000 of Treasury notes as another expedient for borrowing money. The Secretary of the Treasury nt once ofJ'ered 85,000,000 of these notes The earth has yielded her fruits abundantly and has bountifully rewarded the for sale, which had the effect of demonstrating the humiliating fact that the · toil cf the husbandman. 'Ve have possessed all the elements of material wealth credit of the Government was lower than that of many individual citizen . in rith abundan~, and yet, notwithstanding aU thl.'se advantages, our countt·y Bids were made for only $500,000 of the 85,000,000, and these at varying rates of in its monetary interestS is at the present time in a. deplorable condition. In the discount, some 36, some 24, and the lowest 12 per cent. discount. midst of unsurpassed plenty in all the productions and in all the elements or As it was absolutely necessary to raise money to pay the interest upon the national wealth we find our manufactures suspended, our public works retarded, r.ublic debt, due Ja.nuary 1, 1851, the Secretary closed the $500,000 at 12 per cent. . and thousands of useful laborers thrown out of employment and reduced to This, however fell short of the necessary amount, and, to prevent the Govern­ wan~ · ment from fa.ihng1 in the payment of the interest, a loan of 51,500,000 was made of a syndicate of banks o.nd bankers at 12 per ceut. In a short time the remain­ Now, Ur. Chairman, one other point and I am done. Protectionists der of the Treasury notes were disposed of at the same rate and to the same are sometimes criticised for referring the prosperity of the last quar­ syndicate. And by these measures was the Government enabled to obtain re­ ter of a century to the maintenance of their economic principles. The lief from the financial pressure. It had to be done by borrowing money upon such terms and such a rate of discount as would drive any business man into language I have already cited from the speech of the gentleman from insolvency. But even this relief was at most a mere tern porary expedient. And Kentucky is enough to show how he labors first to prove growth1and not the least humiliating feature of it was the fact that, at the sa.me time, the prosperity from the passa$!;e of the tariff of 1846 until1860, and then State of New York sold $1,200,000 of her State bonds for premiums varying from 1l to 2t per cent. how broadly and unqualifiedly be claims it all as due to the low tariffs In January the Secretary offered another loan of 55,000,000 and receh·ed bids of 1846 and 1857. Nothing gets out of his net. ThesE! laws not only varying from 8f to 11 per cent. discount, the credit of the National Govern- made wool cheap to the manufacturer, but in some unaccountable way ment being thus reduced below that o! the States. · the farmer got a higbe1· price for it. They not only made all manuJact­ This was all in October, November, December, and January, months ured articles cost less, but by some magic gave the manufacturers prior to the time when the gentleman from Kentucky states that Gov­ greater profits and greater prosperity. 'l'hey not only made wages ernment securities were sold at a discount. He says none were sold at higher but everything cheaper which the laborer turned out, and still a discount "from the time of the passage of the tariff act of 1846 down left the employer a larger margin. In short, sir, they kept both ends to the last ten days of Mr. Buchanan's administrat~on." of the teeter in the air at the same time. (Laughter and applau e on The gentleman from Kentucky may possibly be correct in this state­ the Republican side. J From the gentleman's view they were simply ment-, but there is at least very good authority, as I have shown, for most marvelous pieces of legislation. believing that he is. also in error upon this point. The gentleman entirely ignores those moro remote bnt still power­ Gentlemen may differ in their opinions as to what c..'\used the gen­ ful influences so material in keeping us afloat buoyino- us up, and at eral business depression and disaster of these years and sent the Gov­ times carrying us to the very crest of the wave. Influences both at ernment disgraced into the streets to hawk about her notes and bonds ho11te and abroad fortunately joined, placing this conutry in some at a discount; nevertheless the following table of receipts and expendi­ measure beyond the harm of unwise legislation and henriug to the tures will show the effect of the tariff of 1857 on the condition of the American people unex:perted and for a time almost. unlimited wealth. Treasury, and may enable those interested to nose out the taint which He counts as nothing the discovery of gold in California, timed so had fastened itself upon the public credit: fortunately for th~nsiness interests of this country. It gaYe new liie 1888. CONGRESSIONAL RECORD~HOUSE. 6311

and vigor to commerce and manufactures, quickened the lagging pace It was the system and the results upon the country and the people , of trade, awoke sleepy villages and towns, and fairly stirred the world of the country, as illustrated by this company, as a beneficiary u.llder with new spirit. Thousands from every class and calling flocked to such a policy only, that I referred to. the mines. · Money suddenly became plenty, wages increased, men Now, :Mr. Carnegie, who assumed I referred to him ~ did, in a letter were in demand, and labor heard calls on every side. Why, stop· and to James l\L Swank, before be sailed for Cluny Castle, attempt to deny think; more than $600,090,000ingold produced from those mines dur- in part the interview as stated by myself, but he did so- in gentlemanly ing the census period under consideration. . and courteous language. What were the conditions abroad? Sir, at no time in the whole his­ Such language as "absolutely falsifies them" and other similar ex­ tory of this people have the circumstances abroad ever so unqualifiedly pressions, applied to any gentlem-an on this floor, I will leave the coun­ and bountifully favored this country? Even tlle misfortunes and ca­ try to judge of, but coming from the senior member of this House lamities of other nations were timed and turned to our advantage. [Mr. KELLEY, ofPennsylvania], whose longparliamentaryexperience Simultaneously whh the discovery of gold in California came that in in it and his assumed knowledge of parliamentary law demonstrate Australia, yielding with our own product more than a thousand mill­ that neither age nor association can cultivate in one what nature has ion of dollars. In the midst of all famine and war smote heavily the notgivenhim-those traits of character which gentlemen recognize both productive industries of nearly all Europe, checking their competition, in public and private life as the best types of true manhood. breaking down many lines, and opening the way and the market for Mr. Speaker, on the 6th instant the gentleman from Pennsylvania American produce of everv kind. (Mr. KELLEY], during my absence from the House, and two months And yet not all the favoring circumstances, not all the accidents of after the date of the delivery of my remarks on the tariff bill, said: fortune, not all the rare and auspicious coinciden<;es both at home and I hastened back as soon as I could, and desire, either now or at some time abroad could long a vert the certain and direful :financial calamity com­ when more agreeable to the committee, in the course ot the debate, to make a statement in connection with one point in this schedule which I alone, as an in­ ing as the logical result of laws designed to make Europe and America different witness, am able to make. industrially alike. Wehad sowed the wind, we reaped the whirlwind. And he- further says: Talk as does the gentleman from Kentucky of recovering from the de­ I was the only official person present at the interview. pression of 1857 ''in a few month&?'' !t is trifling with the fucts of Then the gentleman proceeds to relate an alleged interview that oc­ history. Sir, the rebellion was upon us before we could regain finan- curred between Mr. Carnegie and myself in the committee-room ot . cial strength and business stability. Following 1857 all credit and Ways and Means. · confidence and prosperity seemed to have departed this co~ntry. The I hardly know, sir, in what language or how to characterize the state­ crash of the banks carried down with them $200,000,000. '' The coun­ ments made by the gentleman from Pennsylvania. I say positively try recovered in a few months?" Why, within twelvemonths follow­ here that no statement made by him in connection with that interview, ing 1857 the currency of this country was contracted more than $60,- with the exception of that relating to- Mr. Carnegie's citizenship, bas the 000,000. The streets and highways were crowded with honest men slightest foundation in fact, and tha·t the gentleman has undoubtedly begging for work at any price. There was no striking for higher wages drawn upon his vivid imagination, a:nd where misrepresentation better then. Labor was out in search of bread, and want was no stranger to answers his :purpose than facts he has no- hesit:~.tion in availing himself our people for the remainder of that decade. (Applause on the Re­ of it. It is a tissue of misrepresentations from beginning to end of the publican side.] interview as it' occurred; made out of whole cloth. Writing of this time, Henry C. c~rey, the economist, changed from In the fu:st place the gentleman states: a free-trader to a protectionist by just such experiences as this, said: :Meanwhile Mr. Carnegie had an appointment with me­ Witlll&>l came the culmination of the whole system. Merchants and manu­ JJir. KELLEY- • facturers became ruined, banks being compelled to suspend payment, and the Treasury being reduced to a condition of bankruptcy. In the three years which in the room of the Committee on 'V~ys and Means. Observing that Mr. ScoTT followed labor was everywhere in excess. Wages were low, immigration be­ and he did not recognize each other, I said to l'l-1r. Carnegie, sotto voce, " there is low the point at which it had stood for twenty years before, the home market WILLIAM L. ScoTT." "Indeed," said Mr. Carnegie, ''introduce me to him; will for food diminished, and the foreign one proved so utterly worthle s that the yon,•that I may briefly correct some of his misrepresentations." I hesitated whole export to all the manufacturing nations of Europe amounted to little and introduced them, etc. more than 810,000,000. Now, sir, the facts are these: I was in the room of the Committee of In conclusion, Mr. Chairman, the honorable gentleman's showing as Ways and Means on the day Mr. KELLEY states, behind a screen wash­ to these years is explained by reference to the arbitrary character of ing my hands. Any gentleman entering the committee-room could not the tariff act of 1846, leaving as it did some lines of an industry undis­ see me. The gentleman from Pennsylvania, Mr. KELLEY, came into tru·bed, touching a few but lightly, and breaking others down alto­ the room, and in his usual soporous voice asked if M:r. ScoTT was in. gether; by the fuct that the percentages of growth are largest in those Mr. Talbott, the clerk of the committee, stated that I was washing my industries least disturbed and that manufacturers concentrated on the hands behind the screen. There were other gentlemen in the room, all lines in each industry least hurt, and in that way kept up some per­ of whom I can not now recall, but some of them I can, among others centages of growth; by the fact that the impetus given under the pro­ Mr. U. H. Painter, of this city. I came out in a minute or two after tective tariff of 1842 to 1846 stimulated inventions whi.ch culminated Mr. KELLEY entered and he said he wanted to introduce me to 1\Ir. in a few years and carried manufacturing from hand work to hand and Carnegie. He did not say: "There is 1\Ir. WILLIAll:I L. ScoTT." He machine work combined, increasing production while greatly reducing introduced me to !11r. Carnegie, and J..Ir. Carnegie and myself entered its cost, and thus sustaining industries even under the hostile and ad­ into a general conversation for a few moments, not relating to the tariff '\·erse acts of 1846 and 1857; by the fact that the official reports, the or the subject which subsequently followed. AtJast Mr. Carnegie re­ debates, the history of the times record great disturbance, fluctua­ marked to me that I had done him an injustice in stating he was not tion and depression in business all through that decade; by the 1act a citizen of the United States. I expressed my regret if I bad made any that outside of the influences of legislation the extraordinary advan­ statement of the kind which was incorrect; that I had been told by a tages at home and abroad could not prevent financial disaster lasting mutual friend of ours in Pittsburgh, who I presumed wo-uld know, and severe; by the fact that the fruits of this policy upon tbe country that he was not a citizen of the United StatesJ and I certainly made no was an empty Treasury, enormous debt, injured credit. (Loud and such statement to intentionally wrong him, and I was satisfied that I continued applause on the Republican side.] had been misiufmmed from the statements which he then made to me, Mr. SCOTT. :Mr. Chairman, I rise to a privileged question. On ancl I would most ebee.rfully acknowledge the fact if there were any ; the 11th of May last, in connection with the remarks I made upon necessity or occasion for doing so. This was all that was said in regard House bill No. 9051, to reduce taxation, I took occasion to refer to the t9 his citizenship. enormous profits realized by some of the protected industries of this He then remarked fnrt.her that I had made another statement which country under our present tariff laws, and I then stated in proof cer­ was incorrect; that I had said that the Edgar Thomson Steel Works bad tain facts which had come to my knowledge in regard to the profits in made as high as $1.,500,000 in one year; and he stated that that sum one year of one of these companies, and which a certain party--a bene­ would not pay the intere::.---teither on the mortgage debt of the company ficiary under this policy-had personally admitted to me was correct. or the interest on the cost of the works, I can not recall to which he I, however, did not mention the names of individuals, only incorpo­ applled it. I replied that I had not made any such statement_ as that, rated companies. and he inquired what I bad said. To this I answered that I had stated Perhaps no company in the United States has a larger interest in he bad drawn out of the Edgar Thomson Steel Works as his share of the iron and steel industries of the country than the one I named, and the profits during one year as high as $1,500,000, or the equivalent of in referring to it in connection with these industries and the protective $5,000 a day for three hundred days. He promptly replied that that was system generally as advocated by the Republican party, I used no lan­ correct, and that he did not deny it. Bnt he said: "You may not per­ guage that any man, having even the slightest instincts of a gentle­ haps be aware that in that year I gave to the city ofPittsbu:rgh the sum man, could take exceptions to. I did refer to the large pmfit made of $500,000 for a library, and to the city of Allegheny $300,000." by this company and how it was acquired, and in doing this I cast no These are the figures as I recall them. To this I answered that cer­ personal reflections, nor did I use any discourteous language. I re­ tainly the contribut on of so large a sum of money by any gentleman fened to this company to illustrate a policy, which, in my judgment, for either educational or charitable purposes under ordinary circum­ is unfair and unjust to the great masses of our people, and I did not stances would entitle him to great credit, but that in his case I did pre~nd to claim that any company or individual bad not the right and not think it rose to that high order of philanthropy which under dif­ were not perfectly justified in availing themselves of unjust and un.­ ferent circumstances he might be entitled to. That if in fair and open equallaws to amass money. competition with his fellow menbebadaccumulated $1,500,000in ono ,

I 631~ CONGRESSIONAL RECORD-HOUSE. JULY 14;

year and bad given away one million of it, as be stated, no one could Mr. BAYNE. I presume the gentleman does not intend to repro..:· question the motives by which he was influenced. That where a sys­ d nee the speech of Mr. CARLISLE in full? tem of bad and vicious laws enabled a man to accumulate $1,500,000 Mr. BRECKINRIDGE, of Kentucky. An extract from it. ' in one Y of March 6,1878, hope the time of the gentleman from Pennsylvania will be extended. pages 1;)2fH>, volume 28, Forty-fifth Congress.] Mr. SCOTT. I do not desire more than two minutes more. The first forty minutes of his two hour and a half speech were devoted to over­ Mr. BYNUM. I am informed ~here is an understandinp; that some turning a proposition of mine which was incidental and not vitally essential to my argument. Tlle line of my argument was this: that it was generally con­ gentlemen on the other side, the gentleman from Ohio [Mr. GRos­ ceded that 1860 was a time of peace and of general pl"Osperity in this country; VENOR] and others, are to have an extension of time. I am willing, that tllere was fair employment of labor and fair remuneration for the laborer; of course, that this side of the House should use as much time as may ti.Jat it was an era of free banking and the volume of the currency was $207,000,- 0UO, the largest whicll this country bad ever had, except for a brief pel'iod in the be occupied by the other; bot when the existing understanding bas panic year of 1857. On that statement I drew the conclusion that it was due to been carried out, I am going to insist on the five-minute rule. gentlemen who said that we bad not now enough currency to show how, after The CHAIRMAN. Is there objection to permitting the gentleman all that has occurred lo us in years past, the present depression of prices, which arc nearly if not altogether as 1 ow as in 1860, and the present non-occupation of from Pennsylvania [Mr. ScoTT] to continue his remarks for two min- lnborem, three times ns much currency now as we had in 1860 was still insuffi­ utes longer? The Chair hears none. . cient. [Mr. SCOTT resumed and concluded his remarks as already given.] That was the drift of my argument, and upon the preliminarv declaration that the year 1860 was one of peace and fair prosperity throughout t-he country The CHAIRMAN. The gentleman from Ohio [Mr. GROSVENOR] the gentleman spent forty minutes to show that 1860 was one of our most dis will now be recognized for thirty minutes, in accordance with the tressful years, except perhaps the present, that this country has ever known. In previous order of the House. . the first place be denied that it was a year of peace, and for three very cudous reasons. First, because during the previous year se~enteen men had invaded Mr. BRECKINRIDGE, of Kentucky. Before the gentleman from Vii·ginia at Harpe1·'s Ferry. Second, because it was the year of the Presidenta.l Ohio [Mr. GROSVENOR] proceeds, I desire to give notice, since the election. '.rhird, because the year afterward we bad a war. 'Veil, if these three speech of the gentleman from Wisconsin [Mr. LA FoLLETTE], that I will facts prove that 1860 was not a year of peace then the gentleman is entitled to say that our currency was adjusted to a wa.r basis during that year. nut he print in the RECORD extracts from a speech by General Garfield and denies my statement that 1860 was a year of general prosperity, and nsser.ts from the late speech of ~fr. CARLISLE. I suppose after the speech of that it was a year of great business depression. And he bases this opinion the gentleman from . Wisconsin [Mr. LA FoLLETTE] I should say the upon the fact that in 1859 there was a. destructive frost in some of the grain­ growing sections of the country: that some iron-men say it }Vas a disastrous late Mr. CARLISLE-- year to the producers and manufacturers of iron; that there were large sheriffs' Mr. REED. What is the gentleman's proposition? sales in Philadelphia.; and that the national Government was compelled to Mr. BRECKINRIDGE, of Kentucky. I desired to give notice-! negotiate a. loan to m t> et its expenditures. These and the opinion of Mt·. Carey are. I believe, the main grounds on which he relies for overturning my position. suppose it is not necessary to ask leave-that I would publish in the For the purpose of my November speech I might ha.•e taken the whole d ecade RECORD extracts from a speech of General Garfield, and also from the from 1850 to 1860 as the base-line from which to measure the relative amount of late speech of Mr. CA.RLISLE-- currency needed before the war and now, but I chose the year 1860 as the last year of peace preceding the period of war and inflation. I consider it a fact, Mr. REED. The ''late Mr. CARLISLE,'' I thought the gentleman admitted by most every one, that 1860 was a year of very general prosperity, said. but as the gentleman denies it I will enumerate briefly a. few of the grounds on which I made myst.a.tement. · Mr. BRECKINRIDGE, of Kentucky. Well, the "late Mr. CAR­ In 1860 the burdens of national taxation were light. All our re,·enues, includ­ LISLE;'~ and no doubt it is a m-atter of very great pity that Mr. CAR­ ing loans, amounted only to $76,000,000. Our ~xpenditures were $77,000,000, and LISLE has been nm over so badly this afternoon, but still-- our whole public debt but li65,000,000. In the year 1860 tlte tonnage of our ships upon the seas was 5,353,868 tons, which was more by 140.000 tons than in any Mr REED. Perhaps be can take care of himself. other year of our history before or since. Two-thirds of our imports were then Mr. BUCHANAN. He is not too great to be spoken of. carded in American bottoms, as were also more than two-thirds of our exports. Mr. REED. He might possibly take care of himself. Our exports that year re!\ched the aggregate value of $(00,000,000, which was forty-three and a half millions more than during any previous year. Our im­ Mr. BRECKINRIDGE, of Kentucky. I think the gentleman has ports were $362,000,000 decidedly more than any other year. And I make this bad ample occasion to know that he is not only able to take care of statement on the authority of David A.. 'Veils, that in 1860 we -were exporting himself, but able to take care of anybody who may have preceded him. to foreign countriC3 more American manufactures than in any other year of our history. In a. table pnnted on page 10 of the report of the specin.l commis­ Mr. REED. I beg to say that I have never had any personal occa­ sioner of the revenue for 1869, it appears that in 1860 there came to this country sion to know it of him or any other Kentucky gentleman. 179,000 emigrants, 58,000 more than during the prccedinJr year. Mr. BRECKINRIDGE, ofKentucky. I havenodoubtthe modesty As an exhibit of the activity and industry of our people, 4,819 patents were is­ sued at the Patent.Office in 1860, 1,100 more than the average number for the three of the gentleman from Maine is only equaled by his merit. years preceding. In that year we -built 1,846 miles of railroad, a slight inet·ease Ur. REED. Only equaled by my accuracy. above the preceding year. '£he people of the United States consumed 332,000 Mr. BRECKINRIDGE, of Kentucky. I admit that; your modesty tons of sugar in 1857, and in 1860 they consumed the enormous amount of 4G4 ,000 tonB, more than in any other year of our' previous history. The mean annual is only equaled by your accuracy. consumption of tea i.n the United States, which was 16,000,000 pounds in the de­ Mr. REED. Precisely. cade ending with 1850, was 27,000,000 pounds in t,be decaushels. In 185U we raised 592,000,000 bushels The CHAIRMAN. Is there objection to the request of the gentle­ of corn; in 1860, 838,000,000 bushels, while 'in 1870 we raised but 760,000.000 bush­ man from Kentucky [Mr. BRECKINRIDGE]. els. The crop of1860 was 78,000,000 hnshels more than that oflfr70, and 346,000,000 more than tha.t of 1850. And so with several other of the great cereals. The Mr. BAYNE. Is it the intention to reproduce the speech of Mr. crop of barley for 1860 was three times that of 1850. The crops of rye and buck­ CARLISLE? wllcat in 1860 exceeded those of 1Er70," ns well as those of 1850. Mr. BRECKINRIDG.E, of Kentucky. As I stated, I want to pub­ In.1850 the value of the American farms was thi·ee and one-quarter billions of dollars; in 1860 it was $6,645,000,000 by the census, an increase of 103 per cent., lish in the RECORD extracts from a speech of Mr. Garfield' and also while the population increased but 35 per cent. during the decade. from the-late speech of Mr. CARLISLE. The value offarming implements in 185o was $151,000,000; in 1860 it was &246,•

• 1888.· CONGRESSIONAL REOORD-HQUSE. 63.13

000,000, an increase of70 pe~ cent., while durin th~ nex~ decade itincreused but Iwas 92 per cent., in Connecticut!~ pe1: cent., in Maine99perc.ent., and in Rhode 42 per cent. From the statistics of mnnufactm s g1ven m the census I fi~d that Island 337 per cent. The pr?duct10n m New England alon~ m ~860 ~as greater in 1860 niue hundred and fifty-seven thousand hands were employed; m 1850, than the aggregate productiOn of all the States of the Umon In 1850. In the thirteen hundred and ele"'en thousand. In 1850 the products of manufactures manufacture of hardware New England increased the value of her product 100 amounted to $553,00a 000; in 1850, $1,009,000,000, an increase of 90 per cent., while per cent., and in this industry also her product in 1850 wus great-er than the population increased but 35 per cent. The products of our manufactures in- product of all the States in 1850. creased in that decade 5870 000,000. But the gentleman tells us it was a year of Instead of paralyzing the industriP:s and pauperizing labor in New England, unusual distress. ' ut· any other part of the country, for that matter, the tttriff act of 1846 infused new He spoke of the condition of the iron interest in that year. Let me tell him life and vigor into our languishing manufactures and secured more constant what the iron and steel associations say in their report for 1877. I find on page employment and higher wages to our laboring people; and the consequence 28 that in 1860 there were brouaht from Lake Superior to our mills in the East was that even the strong prejudit'es of New England were removed by actual 116,000 tons of ore 51,000 tons ~ore than in any other year of our history. expe1·ience, and in 1857 every Representative from that part of the country who On page 47 of th~ same report I learn that the production of anthracite coal in voted at all vo~ed for a bill making an almost unif~rm red notion .o~ 20 per <:ent. Pennsylvania. in 1860 amounted to 9,807,000 tons, almost 800,000 tons more than from the rates 1mposed by the act of 1846, and placmg many additwnal articles in any previous year. On page 12 of the same report I find that the production on the free-list. of bituminous coal and coke for 1860 ainounted to 1~2,000 tons, which was38,000 It may not be irrelevant to print a sin ale para~Yr:i.ph from "Twenty 0 0 t<>ns more than the greatest product of any precedmg year. - And how much ;r Bl . - pig-iron did we produce in that year? I ouote from page 302 of the volume of l Years ot. Congress, , by lu.r. arne. "~pcechcs and Addresses'' by.WILLIA.MD:KELLEY,a speech made by him here [From Twenty Years of Congress, pcge 196, volume 1.] Janl!o.~y 11, 1~0, in whic~ _ he gives the product for seven or eig~t ~earil_; an<:J, '.rhe Whig victory of 1848 was not sufficiently decisive to warrant an attempt, accordmg to h1s speech, 10 th~ year 1860 the total product of Pl~-tron rn thts even had there been desire, to change the tariff. General Taylor had been c~mnt1·y w~ 913,000 tons. Thls was 130,000 tons more than the av~ra.ge of the elected without subscribing to a platform or pledging himself to a specific mens- SIX p~e<;edmg years, yet he holrls that 1860 was a. year of unusual dtshess: ure and he was therefore in a position to resist and reject appeals of the ordinary This 1s from an old debate b_etween the gentleman. fro!U P~nnsylvama _and artisan character. myself; a _deba~ that we had el-!-tht years ago, when to J ustlfy his extren;te Vl~ws P l\Ioreover • the tariff of 1846 was yielding abundant revenue, and the business ou the tanff (which I do not_ hesitate to say have done thecause!Jf real protectton of the country was in a flourishing condition at the time his administration was wore. harm than the dot'tr!nes of the e.xtreme free-traders) It was nec.essa~.Y organized. Money became very abundant after the year 1849; l3.rge enterprises for Ins argument to !Duke It appear that because we then had a. low tariff 1800 were undertaken, speculation was prevalent, and for a. considerable period the was a year of great distress. . . .· prosperity of the country was general and apparently genuine. After 1852 the \Ve ca_n find a?lple ~;round f'?r the suffictentprotectwnof Amencan ;nanll;f~ct- Democrats had almost undisputed control of the Government and had gra.du­ urers ~Vlthout dtstor~mg the history of our co~ntry. The g~ntlemal?- s PO?I~wn ally become .a free-trade party. The principles embodied in the tariff of 1846 lays him open to thts dangerous reply that tf. the low tanff _and msuffi~tent seemed for the time to be so entirely vindicated and approved that resistance volume of currency of 18?0 caused the ~lleged distress o_f that lear, h_ow wtlll_le to it ceased, not only among the people but among the protective economists, account for_what he adllllts the great dtstress of 1877, Wlth a much Lighcr tanff and even among the ruanufactur.ars to a large extent. So general was this ac· and three t~mes the c~rrency of 1860? quiescence that in 1856 a. protective tariff was not suggested or even hinted by The fact 18, ~- Chatrman, the decade from 1850 to 1860 was one of pea~ and any of the three parties which presented Presidental candidates. ~· general prosperity. The aggregate volnmeof real and personal property m the . . United States in 1850 was, in round millions, $7,13.3,000,000; inl!i60itwas$16,159,- As for tl11s testimony I ask leave to quote from the letter of J. Q. 000,000, an incrC!I-se of 126 per cent. while the population increased but 35 per Smith, printed in report No. 2848, from the Committee on Ways and ~nt. Yet to smt a. t~eory of f!.nance we are told that 1~ was a year of great Means durin a the first session of the Forty-ninth Congress: distress and depression of busmess equaled only by the diStress of the present o year. . By the census of 18:50 the estimat-ed value of farms in the United States was .1 hold that the facls I have recited, establish, in so far as anything can be $3,271,575,426. In 1860 the value was estimated al. $6,645,045,007, showing an in­ established by statistics, that the year 1850 was a year not only of general peace ci·eased value during the deca.de of $l,373,469,581, or more than 100 per cent. In but of general prosperity in the United States; and the fnet that there were frosts · 1870 the value of the farms was estimated at li>"9,262,803,861, showing an increase in some fields the year before, sheriff sales in Philadelphia, and unemployed during the decade of S2,6L7,758,861, or less than 40 per cent. In 1880 the value of laborers near some of the mills, not only does not overturn the pro3fs I have farms was estimated at $10,197,096,776, being an increase during the decade of submitted, but these proofs show how limited were the disasters of which the $.939,292,915, or only a. fraction over 9 per cent. (See Compendium of the Census gentleman speaks. of 1880, page 658.) . The value of the live-stock in the United States in 1850 was estimated at S544,· [Remarks of Hon. JoHN G. CARLISLE, HotiSe of R-epresentatives, May 19, 1588.] 180,566. In 1860 it was valued at $1,089,329,915. The increase during the decade We have been told over and over again during this debate that the passage was $545,149,349, or over 100 per cent. In 1870 it was estimated at $1,525,276,547, of the pending bill will destroy many valuable industries now flourishing in b ·ing an increase dm·ing the decade of 5435,946,542, or less than 4 per cent. ln various parts of the country; that it \vill deprive thousands of laborers of em~ 1~80 the live-sto~k was estimat ~ d at $1,500,4.64,603, being a decrease during the ployment and greatly reduce the wages of those who continue to work; and decade of nearly $25,000,00J, or more than H per cent. the gentleman from Maine, who has just spoken, has substantially repeated the 'l'lle official valuation of ta.xable property in Ohio amounted in 1850 to $439,­ gloomy predictions to which the House ha.s listened so oft-en during the last 876,340. In 1860 it amounted to $888,302,601, showing an increase during the ten three weeks. Sir, if I believed that the passage of this measure would injure a years of $148.426,261, or more than 100 per cent. In 1870 it amounted to $1,167,­ single honest industry or reduce the wages of those who are employed in it, I 731,697, being an increase during the decade .of 8279,429,096, or less than 32 per would, notwithstanding the great emergency which confi"Onts ns, hesitate long cent. In 1884 the taxable property of the. State amounted to $1,673,144,081, before giving it my support. [Applause on the Democratic side.l being an increase during the fourteen years of less than 41 per cent. (Ohio Sta- But in my opinion the reductions now proposed on dutiable imports, and the tistical Report for 1884, page 655.) • proposed a.dditions to the f1·ee-list, will be beneficial to the manufacturers them- The lands of Ohio, not induding town lots, were valued on the books of the selves as well as to their laborers and the consumers of their products; and as auditor of State, in 185:>, at $266,751,103. In 1860, these lands were valued at the R-epresentatives f1·om New England on the other side of the House appear $492,593,5 7, being an increase during ten years of $225,8tl,537, or 84 percent. In to be especially alarmed concerning the injurious effects of this bill upon the 1884. they were valued at $708,312,772, being an increase in the twenty-four years great manufacturing industries in their part of the countt·y, it may not be inap- of $'215,719,185 or less than 44 per cent. During the last eight years, while the as­ propriate to call their attention to a few historical facts connected with our tar- sessments have increased more than $100,000,000 there has been no increase in iff legislation in the past and the effects of low rates of duty upon the prosperity the value of lands, notwithstanding many millions of dollars have been ex· of their people. pended in their improYement. · The highest rate of duty imposed by the tariff act of 18!6 upon any class of Sint'e 1846 there has been no important change in the methods of valuing real woolen goods, cotton fabrics, manufactures of leather and of hardware, was 3G or personal property in Ohio. All the changes which have been made have per cent. ad valorem, and upon most kinds of cotton goods it was only 25 per been in the direction of securing fuller returns. All assessors are sworn tore­ cent. These were the industries in which New England was most largely en- turn property at its" true value in money." gaged, and her Representatives here, except those from the State of Maine, In 1850 the live-stock of Ohio was valued at $M,432,189. In 1860 it was valued who were divided upon the question, protested against the passage of that act, at ~69,583,000 . The increase was $35,150,8ll, In 1880 the value was $69,583,000. as they now protest against the passage of the pending bill, upon the ground The increase was in t" enty years only $9,990,484. It was more than three and that it would paralyze and ruin these great interests. The Representatives a. half times as much between 1850 and 1850 as it was between 1860 and 1880. from :1\!a.ssachusetts, R-hode Island, Connecticut, New Hampshire, and Vermont In 1850, with 6,2!6,871 acres of improved land in Missouri, the valuation of the voted unanimously against the bill, with the exception of Mr. Collamer, ofVer- lands of that State was $232,821,716. In 1884, with nearly 17,000,000 acres of im­ mont, who did not vote at all. Bnt it passed, nevertheless, and became a law; proved land, the lands of the State were valued at ~,262,\131. The increased and now, Mr. Chairman, let us see what its effect was upon the most impor- val nation of all the lands of Missouri in twenty-four years was only $11,441,215, tant industries of these great manufacturing States, and what the subsequent or less than 1 per cent., although the increase of improved land was nearly 200 action of their Representatives was, after an experience of eleven years under _per ceDt. · these m._oderate rates of duty.. By the assessed valuations, published in the census reports, the per capita We have no au then tic staListics showing the progress made by man ufactnring wealth of the people of Indian a was $305 in 1850, and in 1860, $304. The increase industries between 1846 and 1857 as a separate and distinct period of time, but in ten years was $99. In 1830, it was $367. The increase in twenty years was it may be fairly assumed that the full force and effect of the new rates of duty only $62. In 1850, the per capita wealth of Ohio was $222. In 1860, it was $379. were realized at least as early as the census year 1849, and we have the census The increase during ten years, $157; the increase during the next twenty years returns of 1850 and 1860, the latt-er based upon the productions of the year 1859, was just $100, or not two-thirds as much as it was in t.he previous ten years. to which I beg leave to invite the attention of gentlemen from New England 'Vithout wearying you with further figures, do not all these statistics point and other gentlemen who believe that low tariffs destroy manufactures and 11trongly, if not conclusively, to the fact that from some cause or causes, there pauperize labor. During the period mentioned the value of all our woolen man- has been, since 1860, a great arrest in the prosperity of the count-ry, and espe­ ufat'tnres increased more than 42 per cent-, the number of hands employed in- cially of those engaged in agriculture? Are not the statistical figures I have creased 1St per cent., but the total amount of wages paid increased nearly 07 given such as to demand at the hands of your committee a. careful and disinter­ per cent. [applauseJ, showing that the percentage of increase in the amount of ested inquiry into the subject? There seems every reason to believe that be­ wages paid was twice as great as the percentage of increase in the number of tween 1850 and1800 there was o. very rapid increase in wealth. hands employed. IApplanse.l In the general prosperity of the country, the great farming community ap- Taking all the New England States together, the increase in the value of the pears to have fully participated. Then, as now, it comprised about half of all product in this industry was 62 per cent. The increase in Massachusetts was 54 our people. Starting in 1850 with less than $!,000,000,000, they increased their percent.; inRhodeisland,l76 percent.; in Vermont,6l,ipercent., and in Maine, wealth by more thananequalamount in ten years. Butsincel86C,with far more 83! per cent. In the manufacture of hosiery the progress during the ten years than twice as much capital, and added millions of persons employed, they have under consideration was almost marvelous. In the Eastern Stat-es the increase scarcely been able, even by the highest estimates the census officers could pos­ in the value of the product was 481 per cent. It was 523 per cent. in Connecti- sibly make, to add as much to their wealth in twenty years as they did in the cut, 377 per cent. in New Hampshire, and ~3 per cent. in ~as~achusetts. preceding ten. In 1860farmers owned half of the wealthofthecountty. In1880 What was the effect upon the manufacture of cotton fabr1cs m New England they owned but a quarter. By the census estimates, the other half of t.IJe com· and in the whole country? 'Why, sir, the value of the production in the United munity between 1860and 1880increased their wealth by more than 1123,000,000,000. States increased 77 per cent., the number of hands employed increased 28! per But farmers starting with an equal capital increased their wealth during the cent., and the total amount of wages paid increased 39 per cent. [Applause.] same time only a litlle more than $4,000,000,000. In New England the increase in the value of the product was over 81 per cent., No one is better aware than you that between 1850 and 1860 we had the lowest in the number of hands employed 28 per cent., and in the amount of wages tariff that we have had for more than seventy yeat:s. And yon arc equally paid 36 per cent. Massachusetts increused her product 77 per cent., New Hamp- well aware that since 1860 we have had, almost all the time, the highest tariff shire 55 per cent., Rhode Island over 87 per cent., Connecticut 116 per cent., we have ever had. Is there not good reason to believe that in that fact is to b~ Maine 137 per cent., and Vermont 27t per cent. found the secret of the terrible blight which has fallen on American agriculture? In the six New England States the increase in the value of the product in the . . . . manufacture of boots and shoes was 83 per cent.; in Massachusetts the increase Mr. GROSVENOR. Mr. Chairman, the queshon IS on the mot10~

• '

CONGRESSIONAL RECORD-HOUSE. JULY 14, 6314 .

of Mr. PUGSLEY, of Ohio, to strike out the section placing wool on the The Democrats selected G:~neral Warner to speak for them, and the free-list. I support that motion and I have no apology to offer for my Republicans selected myself. General Warner made a speechin which position. I do it in the interest of a great interest in my district. I he denounced in strong language any attempt to reduce the tariff on do it as a representative of all the people of my district, and in doing wool. He said the wool industry in lhe State of Ohio had stood the so I representagreatinterest not alone of Republicans but of Democrats last possible reduction that it could stand and be saved ll'Om utter de­ as well. And! claim for myself that I am quite as ready to do such struction. From this strong language no dissent was made by the battle as I may be able for all the people of my district alike. When gentleman from the central district of Ohio, or by any other Demo­ it comes to a question like this ~e interest of the whole people should crat. I insisted that the position of the Republican party on wool was be par;Jmount to partisan considerations. in favor of the restoration of the wool t::uiff of 1867, and I supported But, Mr. Chairman, no matter how the question involved in the mo- our position as well as I could, and there was no dissent heard to what tion of the gentleman from Ohio [Mr. PUGSLEY] may be turned and I said. The members of Congress from Ohio came from the room of shaped, it is a political question as here presented. I am glad the time the Committee on Ways and Means conscious of havingdonetheirduty, has come that in the State which I have the honor in part to repre- both sides saying we had represented not only the Republicans bnt the sent there can be no longer any dodging or shifting of position on the Democratic sentiment of the State of Ohio, and all insisting that Ohio part of the gentlemen who represent the Democracy. in both parties was unalteral:>ly opposed to any reduction on the wool When I heard the speech of the gentleman_from Ohio [Mr. OUTH- ... ~ . tari.ff. wAITE] to-day I was reminded that he had made some progress in the .J Two years have passed away, Mr. Chairman, and the gentleman from development of a tendency toward the support of free wool. My the central district of Ohio has changed front materiruly. But I ought mind runs back to the days in Ohio when fierce battles were waged to say that in the campaign that followed the slaughter of the Uorri­ on the stump and in the pr~nd whenRepublican speakers were de-, son tariff bill, my friend made a mo.st energetic and persistent canvass nounced as falsifiers of the record because they warned the people of in Ohio, and, in my mind's eye, I can see him now gallantly riding Ohio that the tendency of the Democratic party was in the direction among the "haw-eaters" of Hocking County and the hardy agricult­ of free wool. urists and wool-growers of Perry County, declaring that his position In their platform of 1883 they denounced the intimation of the on the wool taruf had been defined, when, in company of McKINLEY, Repnblicah press and leaders of the Republican party and fiercely pro- and Warner, and Judge TAYLOR, and other distinguished represent­ claimed in language that I will reproduce that the Democratic party atives of the protection of the wool interest, he gave his voice in pro­ of Ohio defended protection of the wool interest of that State. test against a reduction or alteration of the tariff on wool. So he se- In their platform of 1883 they denounced the lowering of the wool cured the votes of his district and made a successful canvass. The duties as follows: Democratic wool men were happy and so was everybody else. But The act of the Republican Congress reducing the tariff on wool, while at the now he ha3 changed front, as· near as I ean tell from his speech, Ire­ same time increasing it on woolen goods already highly protected, was ini- peat. quit.ous legislation * * * ~d ought to be ~corrected.. . . . What has caused it? I do not desire to be personal in my remarks; . Later on, as late as 188~, after the p;es~nt AdmliDStration had come and I ought to say in this connection that I notified my colleague tbat mto po.wer, the Democratic ~arty agam, m August of ~h~~ year, reas- I should refer to this subject, and he told me that he must go from the ser~ed Its ~ealty and loyal.ty m support of the wool tanff m language House upon a matter of important business. He is the only Representa­ which I will a~so prod_uce · tiveoftheDemocracyof0hiothatnoton1yhaschangedfront, butisproud The J?emoCl·atic party lS and ~lw~ya has been the party of the people and of of havina- done so. Other Representatives of the Democi·acy from Ohio the agncultura.l and wool-growmg mterest.s. . o . " . , . . . . And in that same year there was circulated in Ohio a little circular, re taking thiS enfo.rced dish of crow! ~ut they are domg It m sl­ sent out by the Democratic headquarters at Columbus, affirming the lence. [Laughter.] How well th~y ~e It I do not know, and what loyalty of the Democratic party to the protection of wool and assailing the effect upon them at the fall election Will b~ I ~n not say [laughter J, the Republican party, and notably attacking the record of Senator SHER- but I r~fer :to my colleague fro~ t.he central district because he not only MAN, on that record, asserting that it was the Republican party in the takes his d~~ of crow, but del1beratel.r t.urns around and asserts that Senate of the United States that had made possible the attack upon he always liked crow an~ alw~ys takes It m that form. [Laughter and wool interest of the State of Ohio and of the country. appla.use on the Re:pubhcan Side) . . . In that circular the Democratic party of Ohio placed itself on record ~hi~ year the Ohio J?emocrac~ m State conve~tiOn assem.bled, Wilh in opposition to the position of my colleague from Ohio [1\Ir. OuTH- theu Iecord before their ~yes, WI~ the whole hiStory of therr false ~d WAITE], when he claimed that the reduction of the tariff on wool will fraud~lent pretenses ~tarmg ~hem m the fa?e, an~ With the destructiOn enhance the value in the market. In that circular the Ohio Democracy of O!llo wool as a payrnl? busme~ ass"!ed, m theuStatep!atform comes said. out rn strong language for the 1\11lls bill, and free trade In wool. The It ~eans the indorsement of the reduction of the tariff on wool, by which Ohio delegation here, forgetting their position of two years ago, will, as measure the wool-growers of Ohio have been robbed of millions of dollars. I learn, ali vote for free wool with only the honorable exception of my This is quite a different statement from that of my Ohio friend. It colleague, Ur. FORAN. is due to the truth of history to say tha,t the attack upon Senator Sher- So the Democratic party of Ohio, following the Democracy of the man was a false, wicked, and malicious statement, and known to be country, and bowing to the fierce demand of the sectional committee such by the men who made it. Senator Sherman fought in that con- of the House and the free-trade message of Mr. Cleveland, is for free test, as he has in all others, for the interests of the wool-growers and wool. It is not important to discuss the question whether the Demo­ farmers, and his record in this regard will grow brighter and brighter crats are for free trade in general; it is enough to say that the whole when his maligners and traducers are forgotten, or remembered only to party, headed by the President, is a free-trade party in wool. be condemned. What has been and what will be the effect of free wool upon the in- When I heard the gentleman from Ohio [Mr. OUTHWAITE] make dustry? the speech he did I was reminded of an incident in the Forty-ninth There has been and is now much confusion on this subject growing Congress, one which made a profound impression on my mind, and one out of the multiplicity of authorities upon the effect of the decrease of made use of in the campaign in Ohio to injure the position of the Re- the wool tariff on the indo try in Ohio. publican party and strengthen the position of the Democratic party. I produce here a table from Ohio statistics of 1868, with the iutro: There was pending in Congress the Morrison bill, which did not put ductory matter, a.s follows: wool on the free-list but provided a horizontal redtlction of the tariff Sheep-raising in Ohio has in01·eased very rapidly, and we hn.ve now a much only in a small degree. - There came from Ohio a great delegation of ~~g!~ f~~~;=~ than any State in the Union. '.rhe number and value iu 1868 wool-growers, headed by the president of the Ohio Wool-Growers As­ sociation, and also by a strong representation of Democratic workers Number of sheep...... 7, 688,84.5 Value of same ...... ~14, 819,353 and the secretary of the same organization. Average value...... 1.92 Under their leadership twenty members of Congress from Ohio as- -sembled in the lobby of the House of Representatives. All the Demo­ This shows an increase of 133,338 in the number of sheep. The nnm­ cratic members were there. My distinguished predecessor, General ber in a series of years was as follows: Warner, was there. My friend from Ohio [Mr. SENEY], who sits be­ 1840 ...... 2,028,404 fore me and who does me the honor to listen to me now, was also there. 18.3(} • • · •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••w•••••••••••••••• •••• ••••• 3,9:l2,!Jl6 1854 •···••·•·•·······•············•········•····················•·········••···•· •.••..•.•...... •••. 4,845,1!) The gentleman from the central district of Ohio [Mr. OUTHWAITE] 3, 368,174 1860 •·······•••·•·······•··•••••·•···•··•····· ·•····················•···•········•····•···•·••·•···•·····• was also there. Also all the Democratic members, and all the Repub­ 1861 ...... 3, 9.'34. 763 1862 ...... 4,448,227 lican members, except the gentleman from Ohio [Mr. BUTTERWORTH], 5,560,318 who was unavoidably absent, but whose position did not need any re­ 186:51863 ···....•.••••.•••••..••...•...•...... •.....•·················•·····•··•·•••·•·•·•·•··•··•··•·•·•··•·•··••··•·····••··•••·••••••••·• : ...... ••····· ····• .• 6,305, 796 affirmation on that question, for be is always for protection to Ohio 1866 ...... 7. 039,885 7, 555,508 1867 ·······················································•···•···············••··········•·······•• ·•···• and all the other States. In solemn column we marched to the Ways 1868 ...... 7,688,845 and 1\Ieans Committee room. That organization had no~ yet invented The wool clip in Ohio for 1868 was 2-1,848,624 pounds, being nn inCI·cnse over the star-chamber process of incubating tariff bills. That commjttee 1867 of 3,355,577 pounds. had not withdrawn itself into a cloister to produce an attack on the industrial interests of the country. They had not progressed so far in In this year, the third of the reign of Mr. Cleveland, the :flocks of that direction, and they were willing to hear from the representatives Ohio have fallen to 4.101, 340. of the people. We went in there. I can not better discuss tbe question of how the changes in the tariff

• 1888. CONGRESSIONAL RECORD-· HOUSE. 6315 have affected wool than t~ reproduce some extracts from my own speech These figures tell the whole story, and demonstrate the fact that figures, while they may be made to lie, nevertheless very often spoil the force of the most im­ made April 30, 1888, in this House during the prf'.sent discussion: petuous argument. The wool-growers of this country are intelligent people, But, l!.Ir. Chairman, I was speaking of wool. The gentleman from Indiana. and they are not petitioning Congress at this time to restore the tax of 1867 [!Ir. BYNUM], candid man that he is, brave man as he is, too, to fight the indus­ without knowing what it is they are talking about. The effect of the reduc­ tries of his State, destroy the best products of her magnificent growth in order tion of 1883 upon the wool industry is better shown in the table which I now that he may keep step with the reactionary Democracy, fell into the same mis­ append, which shows the number of sheep in each group of States from 1880to take into which so many have fallen in regard to the effect that the changes of 1887, and the rise and fall of the industry. The States are grouped, first, read­ the tariff have had upon the wool production of the country. And, lli. Chair­ ing downward, the whole United States, then the Western States, then the man, !append here astatementwhich exactlyillustratesthedifficultyinto which Southern States. then the Pacific coast, then the Territories and the Middle my friend fell. I give the table and will comment upon it: States, then the New England States. And this table, 1\Ir. Chairman, exhibits "FACT AND FICTION ABOUT WOOL. in language more eloquent than I can use the effect that the tariff of 1867 had "The following tables are from the Pittsburgh Post, and are intended to show in stimulating the wool industry and the reduction of 1883 had in prostrat­ tha.t sheep-raising in the States named has declined after twenty years of high ing it: tariff: Table showing the number of sheep in each gJ•oup of Slates, 1800-1837. 1860-Low tai·iff: /i~::~ 1~ g~1E~~::~.. ~~·:·:::::·:·:·:·:::::::::::::·:::::::.::::::::::::::::: :::·::::::::::::::~:::::1 r1: ~ 1880. 1881. 1882. .1883. Pnces- Fine ...... 56 to 60 cents. Total United States...... 40,765,900 43,569,899 45,016,224 49,237,291 l\Iedium ...... 45 to 50 cents. Western States ...... : ...... 12,212,600 12,728,939 13,845,938 15,638,829 Coarse ...... 40 to 42 cents. Southern States...... 9, 922,200 10,872,938 11,916,911 12,973,860 1887-High tariff: · Pacific coast...... 8, 911,900 8,670,297 8,685,506 9,067,837 Territories...... ~ ...... 4,019,600 5,426,460 5,351,247 6, 3::.'0,000 1\Iiddle States...... 4, 174,000 4,292, 203 3,830, !176 3, 848,513 - ~~::~ t; ~~~~:::~..~-~-:-:·:·::·:·:·::::::·:::·::·:·:::· .... · _::_:::::::::::::::::·:::::::::::::::::::::::::t ~~: !~ New England States ...... 1,525, 600 1,579,062 1,385, 646 1,388, 252 ,.. Pnces- Fine ...... 33 to 34 cents. l\Iedium ...... 37 to 38 cents. 1884. 1885. 1886. 1887. Coarse ...... 33 to 35 cents. Some of the results : Decrease of sheep in three States after twenty years' high prices ...... 559, 060 Total United States...... 50,626,626 50,360,243 48,322,331 44,759,314 Decrease in prices- \Vestern States ...... 15,630,760 15,244,052 15,131,912 14,332,538 Fine wool ...... 23 to 26 cents. Southern States...... 12,950,761 12,468,301 11,534,652 9,241,4-!9 1\Iedium wool ...... 8 to 12 cents. Pacific coast ...... 9,616,092 9,370,617 9, 745, 058 9,892,652 Coarse wool...... 7 cents. Territories ...... 7, 245,450 8,495,039 7,577, 787 7,087,558 "Now, the facts are exactly the reverse, if the cunning arithmetician of the Middle :=;tates...... 3, 792,675 3,498,425 3,083,59! 2, 968,032 paper had put them in their proper place, as follows: New England States ...... 1,384,888 1,283,8W 1,249,328 1, 237,085

Low tariff, High tariff, Low tariff, 'I: he rate of increase, as shown by this exhibit, from 1878 to 1888 was 7 per cent. 1850. 1883. 1888. per annum. Projecting that ratio of increase through the years 1883 to 1887, we should ha;e had for 1&!4 52,300,000; for 1885, 56,000,000; for 1886, 59,900,000; for 1887, 64,000,000; while, in fact, Mr. Chairman, the total number of sheep in 1887 Sheep in Pennsylv!l.nia ...... ~ .... . 1,631,540 1,803,336 984,891 was but, in round numbers, 44,000,000; a. loss, u.s compared with the undoubted Sheep in Ohio ...... 3,456, 767 5,050,541 4,106,622 situation had the change not taken place, of20,000,000 of sheep. Thus the small Sheep in New York ...... 2, 617,855 1,'732,332 1,554,067 reduction of the tariffre;enue bas depleted the wool industry to the extent of 20,000,000 of sheep. And if that be true, what will be the efl'ect of putting wool Totals ...... 7, 706,162 8,586,209 6,655,580 on the free-list? There are 700,000 flock-owners in the United States. In 1850 we had but 21,000,000 sheep in the United States. In 18&0, after ten years of Democratic "In 1883 t~e tariff 'Yas reduced so as to allo_w the yarn and go?ds (namely, administration, we had but 22,000,000 sheep. In 1870 we had 29,000,000; in 1880, worsted) w htch req mre the wool of these part1cular States for their production in round numbers, 44,000,000 ;_in 1883, 50,000,000, or more than double what we . to come in at a lower figure than we can make them at home. · had in 1860. This industry furnished employment for 1,200,000 men. It em­ "SOME OF THE RESULTS. ployed more than ~500,000,0"...0 of capital, and was producing a product o!' about 3 Increase of sheep in three States after twenty years of high protection. 880 047 per cent. net. Strike down this industry, and you destl·oy $500,000,000 of the Decrease of sheep in three States after four years reduced tariff...... 1, 050:5 2 wealth of the country only in so far a..s the carcasses of the sheep reduce the "If worsted yarns and wools were restored to their position under the law of grand aggregate of destruction. 1867 their importation would stop, our home mills get to work, and the wools :r.Ir. Chairman, under a Democratic administration, with wool.<>n the free-list, of these three tates be again in demand at such prices as would make shecp­ sub tn.ntially, I have seen in my own district thousands and tens of thousands rai ing profitable and result in a. very great increase of their flocks. of sheep slaughtered in the fall of the year for their hams and pelts. They were ''The decreased price was caused by the decreased demand. The reduction worth but a little o;er 50 cents a head, and there was but little profit on them at from 1800 to 1883 was a natur>JJ. result of increased production under a high that price. I have seen this industry spring up as thongh touched by the lamp tariff. and sheep-growers were satisfied with the prices or they would not have of Aladdin ; 1 have seen intelligent farmers of my district search the world for addet.l to their flocks. As a result of the tariff of 1883, however, the price de· improved breeds of sheep, and I have seen the flocks dotting the hillsides, graz­ clincd ~the r~nous figures which caused the decrease in the clip, and to that ing in the valleys, thriving and prospering everywhere. There was music in red_nctiO~ only lS ~he decrease due, and not to twenty years of high tariff, as the friendly appeal of the sheep as it came" dumb before her shearers" and de­ claimed m the art1cle quoted." posited in the treasury of the farm her fleecy contribution to the general pros­ He avails himself of the figures which show the nuiDbcr of sheep in 1860 in perity of the country. I have seen this tide of industrial prosperity checked; certain of th(' sheep-growing States. 'l'hen he takes th~ figures of 1887 and gives it rose no higher; it stood still; it began to ebb, but it reached a pomt where if prices, etc., but he forgot to divide this scope of time from 1860 to 1887 into three it could be let alone the farmer could live; the farmer could do something p~rio~s. and thereby hangs an absolute d~monstration of the fact that figures with~ - will he. It appears that under the low tariff the totsl numberofsheepinPenu­ But I have seen the ruthless Democratic party, instigated thereto, as I am com­ sylvn.nia, Ohio, and New York was 7,706,162, and that under the high tariff up to pelled to believe, by a spirit of envy and hostility to the section where the sheep 1883theyhadincren.sed to8,586,209. Then,followingthereductionof1883, which industry has grown and prospered, lift its vandal hand and hold over the in­ was the first blow delivered upon the sheep-growing interest of this country by dustry a sword more threatening than the fabled sword of Damocles. I have the Democratic party, the sheep fell down to 6,655,5l:!O.' This straightens out my seen these flocks growing smaller and smaller, in many instances fn.ding away; friend's figures and relieves him from the singular position that he got himself I ht\ve seen the farmer with blanched cheeks read of the assaults upon his in­ into. I append here the prices of wool under three classifications as given by dus try by the Chief 1\Iagistrate of this nation, who was under an oath to God to George W. Bond & Co., of Boston, under the tariff of 1868 to 1883 and then from administer his mighty office in the fear of the Almighty and for the benefit of 1884 to 18 6, in cl usi ve : the people of the whole country, and as I speak to-day, lli. Chairman the rep­ resentB;tives of millions of dollars of this kind of property stand with their ear; A 1:erage pl'ices ttnd er the free tariff. figuratively, at the telegraph, as in the olden days when listening to ascertain how far north the flood of rebellion was coming, how near to Nashville the army of Hood had made its bloody track, how near to Cincinnati and Louis­ -----..,---Y_e_a_r_.______, Fine. Medium. _eo_a_r_se_. _ _A_•_e_r_a_g_e_. ville the columns of Bragg and Kirby Smith had proceeded, how far into Penn­ 1 sylvania the great army of Lee had come. So stand these farmers listenino­ listening, and their question is, How near to the farms of Ohio has the free-tra&; Cents. Cents. Cents. Cents. column of destruction advanced? Where is MILLS, with his spirit of destruc­ 1868 ...... 37 36 35 36 tion? How near is this vandal horde, with their weapons of inevitable disaster 1869 ...... 37 35 30 34 1870 ...... 36 35 33 to the flocks in the fields of the wool-growers of the country? 35 ~usines~ is paralyzed, nobody will b~y wool, nobody will raise sheep, nobody 1871 ...... 43 42 41 42 Will trust m the hands of the Democrat1e pn.rty an industry so rlelicate so grand 1872 ...... 64 62 58 61 so intimately connected with the best interests of the agriculturists of'this coun~ 1873 ...... 64 56 52 57 try as this. But pass this bill, Mr. Chairman, and I will tell you what they will 1874 ...... 49 47 41 46 do. The spirit of 1861 is not dead north of the Ohio River, and they will accept 1875 ...... 48 48 41 46 42 your assault upon that industry as a declaration that with the Democratic 1876 ...... 43 37 4l party permanently in power, the people of the North ar~ to be hewers of wood 1877 ...... 40 37 30 36 and drawers of water for the benefit of the people of the South; that the old 1878 ...... , .. 45 48 31 43 cry to which I adverted in the early part of my speech, that our people are 1879 ...... : ...... 3-i 35 31 33 "small-f!ste~ farm~rs and greasy mec~nics," the" mud-sills of society," is agam 1880 ...... 47 47 43 46 the dommating vo1ce of the Democratic party. They have a weapon in theil' 1881 ...... 45 46 38 33 hands, and they know how to use it. That weapon in the handsofthe freeman 1882 ...... : ...... 42 45 35 41 comesdown- 1883 ...... 42 44 35 40 "As snow-flakes fall upon the sod 1 But execute the freeman's will as li11:htnings do the will of God." Avel'age prices under the redttced tariff. They will drive from power this Democratic party, and they will re-establish the old Republican party that, through its benign legislation, built up these in- 33 dustries and made this land bl.ossom like the rose. 35 After the publication of the figures above it was not necessary that our friends on the other side should now become lost in the various laby- 6316 CONGRESSIONAL RECORD-HOUSE. JULY 14; I rinthine compilations with which we base been tortured during the appears in the wool trade at any point. In the country holders are generally last three months. • asking more than Eastern dealers are willing to pay. Until the cour.se of the m!uket is better developed buyers, both at first and second hands, bid fair to In the official report of the Ohio agricultural department, published operate with the most caution. · . only yesterday, it is shown that the wool clip of-Ohio, as compal'ed with While the manufacturers are preparing samples for light-weight goods, they the average for the past five years, is only 7 per cent. are not yet bringing them out, and are uncertain about their future requirements 7 in the way of stock. There is also a possibility that Congress will put wool on I want to say here that I have no time to spend in an eln.borat.e and the free-list. In view of these <'ircumstances no buying for future consumption philosophic argument upon the question involved. It is enough for isanticipated. · 1860 h d · Oh' trifl 2 COO OOO h The most that the mills are doing, or seem likely to do for the present, is to me to kn OW th a t 1n we a 1n 10 a e over ' , s eep, take out additional supplies for running out goods o.h·eady ordezed, In Ohio and that in 1868 we had increased this to the enormous number of and throughout the West generally there is comparatively 1ittle activity. A _ 7,608,485. This increase went on until the reduction of 1883. But moderate increase in the movement of 1\Iichigan wool.is reported. Shipments . d t th t th 1 · d tr f Oh' h to some extent from the Territories arc in progress. . from t h a t t rme on own O e presen e woo 1n us Y O 10 as An excellent attendance continues at the London sales, with active competi- gone steadily down, until to-day the latest reports of the flocks in Ohio tion nnd a fu·m tone. The auctions close next Wednesday. 1\Iantifacturers show that we have only about 4,100,000. have been looking through the Boston market in fair numbers this week., and But the gentleman from Ohio says: What about the increase and de- have taken more or less new wool iu order to test its quality. Buying for ex- tensive consumption is still wanting. crease and fluctuation of the cattle of Ohio, and the horses of Ohio, A great deal of machinet·y is idle for repairs and orders. Prices are generally and the mules of Ohio? Well, Mr. Chairman, my friend exposes bis steady. 8ome inquiry for ·Michigan e:s:tra. wool is noticed, and there is a mod­ . rfi · · h' 1· f dis · h h k h erate movement of new Territory stuff. Cnrpet wool is dull, !Jut very firm. 1mpe echons lD t 18 me 0 cusswn W en e ma es sue an argu- The receipts continue to run far below last year. Current quotations are as fol- ment. Every industry in Ohio that prospers affects the horse indus- lows, with comparisons: try. Every time a new farm is broken, it increases the production ______:______, -----:--- - of cattle. Every time a new railroad is projected, it increases the de- Grades. • IJuly 16, July 15, July 13, mand for mules; and every time you open a new coal bank you want 1886. 1887. 1888. more transportation for your product; and the horses and mules and ------:------­ the cattle of Ohio are not used for a single purpose, but for a multi­ Ccn's. fJcnts. Ce11ts. plicity of purposes, and increase or decline as the industries of the Ohio and Pennsylvania extt·a...... 33 32 to 33 27 to 28 Ohio and Pennsylvania XX ...... 34 to 35 33 to 3! 29 State demand. But the sheep of Ohio, with the simple unimportant Ollio and Pennsylvania XX and above ...... 35 to 36 31 to 3-5 2V to 30 matter of their use as food product, are used for the sole purpose of l'lfi<'higan extra ...... 32 32 to 33 25! to 26t producing wool. So when you find that the sheep of Ohio have run Fine Ohio delaine ...... 35 36 to 37 3~ to 31 No.1 combing ...... 3'! 38 to 4{) 35 down from 7,000,000 to 4,000,000, you find that they have become un­ '.re:xas spring, twelve months ...... 23 to 27 23 to 27 17 to 22 profitable for the purpose of producing wool, and there is no,escape from that argument. Tho sales of the week at Boston are reported at 2,871,500 pounds, as agA.inst Now, I am not going to argue so much about the cause as the effect 1,068,700 last week and 1,560,000 in the corresponding week a year ago. At Phil­ on this occasion. I find the wool product of Ohio is being sold to-day adelphia wool is moving very slowly o.nd mostly in small lots proporti.med to the urgent wants of manufacturers. ' . at somewhere in the neighborhood of 22 to 23 cents a pound. I have The trade is unsettled by tariff uncertainties, and operators are an:s::iously here an extract from the Barnesville Entet·prise, published in the qis­ awaiting a. settlement of the question now before Congress. trict of my colleague [Mr. JosEPH D. TAYLOR], in which it is stated Rt-ceipts are increasing a little, but are still small as compared with the ar­ rivals at this ueriod last year. The sales aggt·egate 483,000 pounds, as against that wool is selling in that neighborhood at 25 cents; that while it has 458,COO poundS last week, and 764,000 pounds for the corresponding week last not been active it will probably be purchased at about that figure. year. That two-thirds of the entire crop in that section has already been sold, I put up these facts against the opinion of the gentleman from Mich­ n.nd there has been a falling off in that township of about 1, 000 sheE:p igan (Mr. WHITING]. since last year. Mr. GROSVENOR. That, then, Mr. Chairman, is the reduction. One thousand sheep, Mr. Chairman, means $2,000 at the price, the Take the wool crop of Ohio and we will compromise. I say 10 cents; average price, that the sheep of Ohio were estimated a.t last April. it may be 8 cents. Multiply every pound of wool produced in the Mr. JOSEPH D. TAYLOR.. Let me state that the editor and pub­ United States this year by the figure 8 and point it off into dollars and lisher of that paper is a :firm Democrat. cents and you will find out how much the farmers of this country h:tve Mr. GROSVENOR. He is, within my personal knowledge, a. Dem­ paid for the luxury of a Democratic Congress. ocrat; but he•voices the sentiment of Ohio when he recognizes the fact Mr. SPRINGEH. Has this Congress caused that? that there has been stricken from the product of the sheep of Ohio one­ Mr. GROSVENOR. I say the menace of the .Mills bill has done third of the value of the whole crop this year. just that. Now, before this debate clo::>es, will not some Democrat tell the coun­ .Mr. SPRINGER. A.h! try how that hashappened? Whathasdonethat? Andifichargethat Mr. GROSVENOR. Eight cents on 275,000,000 of wool amounts to the conn try has paid all these millions of dollars, millions of dollars 522,000,000, the reduction in a single year. Ohio produces about enough to have run the expenses of this Government for an almost in­ 25,000,000 pounds of wool this year. It has gone down folly 8 cents definite time, for the luxury of having a Democratic Congress here, I per pound, and tha is $2,000,000 which we pay because we have a want some Democrat. to answer that question if he can. March right Democratic Congress and a free-trade President. up to this issue and answer me. Do not go to flying off about" trusts" I hope the gentleman will go a little fudher and not sneer, because and "robber tariffs," and all that, but answer. I can not stand his sneers; they are so extraordinary that they crush What makes the wool this year nearly one-third less in value than me. If he will go back to the time when the Republican party in this it was last year? Is it the general depression in the country? Honse, aided by all the Democrats in Ohio but one or two, struck out Mr. WHITING, of Michigan. It is not one-third less in price this the enacting clause of· the Morrison bill he will discover that the wool year than it was last year. of the country sprang up within forty-eight hours in the markets of the Mr. GROSVENOR. If the gentleman had given me his attention country from 3 to 5 cents a pound. [Applause.] he would have observed what I have just read, that the wool crop in Mr. WHITING, of Michigan. I would like to ask the gentleman Ohio sold last year for thirty-five and is selling this year at from another question. What fixes the price of wool? twenty-three to twenty-five. Mr. GROSVENOR. We have discussed that question here indefi­ Mr. WHITING, of Michigan. It is not so in Michigan. nitely and interminably. No two men on your side of the Honse put l\fr. GROSVENOR. I find it is substantially so in Boston, and it the same way. It is fixed as other prices are :fixed. Present value everywhere else. The gentleman knows more about salt than I do; fixes it if the article is needed now; if the purchase is for future use, but he can not have a product in Michigan that is of the character of then pro~pective conditions affect, regulate, and control it. wool unaffected by the same processesthataffecttbewoolofOhio. We Mr. WHITING, of Michigan. It is fixed by the wool buyers in the raise the same kind of wool. ViT e go to the same market. Our men markets before they close the buying. They :fix the price. After the are just as capable of selling the wool as the men of Michigan; and clip is purchased the price of the wool is so increased that the farmer when I read from the public prints a statement of the sales of wool in pays a. much higher rate for his woolen goods than he receives for his Ohio it was an argument that could not be met by such a statement. wool. Ohio men are not selling their wool at less than its value. Ur. GROSVENOR. I admit all that, and that is the strongest ar­ Mr. JACKSON. I have a letter which corroborates the statement of gument against you that can possibly be made. Your statements the gentleman from Ohio-a letter from the president of the Pennsyl­ should be revised before you launch them into the CONGRESSION A.L vania Wool-Growers' Association. RECORD. It is exactly the presence of these enactments here that Mr. GROSVENOR. The price to which I refer is the current price makes it possible for the wool buyers to . combine together, fix the for the triple X wool. orice, and force the farmers oithe country to sell it to them. · 1\Ir. DINGLEY In corroboration of the gentleman'sa..~ertion,I will · Mr. WHITING, of Michigan. They do it through the tariff; in no say I have a letter from a woolen manufa-cturer in Maine stating that other way. ho is buying his wool at from 7 t.o 8 cents less than last summer. Mr. GROSVENOR. Through the tariff? Let me present to the gentleman from Michigan (Mr. WrrrTING] Mr. WHITING. of Uichigau. Yes. the following statement from Bradstreet, dated only yesterday: Mr. GROSVENOR. Yes. Yon bring in bills assailing the protective WOOL MARKET.-THE lllLLS DILL TRANSFERS ALL ACTIVE COliiPETITION TO LONDON laws and thus destroy prices. then you say the tariff did it-an argu­ NEW YOBK, July 13. [Special.] ment on a par with the claim of the man who shoots his fellow·man Bradstreet's, in its review of the wool market, says: No increase of activity and places thft fault upon the gun. 1888. CONGRESSIONAL RECORD-HOUSE. 6317

Then the answer of the gentleman amounts to the claim that we But I know this: while lam glad, in the interest ofmyconstituents, must. reduce the tariff when somebody threatens US: and if we refuse that coal and iron are for the present preserved from the destruction of the injury is our fault. the free-list, I will never cease to condemn the inconsistency of a com­ Mr. WillTING, of Michigan. If they do not pay the high price mittee that would dare to put wool on the free-list aa. a raw material made by-the duty on imported wool they can pay a better price for and leave bituminous coal and iron ore protected. The only answer the American clip. to this charge of inconsistency is the answer which was given frankly Mr. GROSVENOR. The gentleman will live a long time before he by the gentleman from Tennessee [Mr. McMILLIN] in his opening will be able to get rid of the combinations that form when legislation speech in this debate. When confronted with this suggestion he said, threatens an industry or product of this country. ''There are some things which we can do and there are some things :Mr. WillTING, of Michigan. Combinations could not form but for which we can not do ; " and I could have added for him, "There were the tariff. · some things which we dared to try to do, and there were some things Mr. GROSVENOR. I know they have a way of making the farmers we did not dare to try to do.'' of Michigan tremble in their boots by saying, "Look out; the Demo­ But the argument of this editorial is the argument which I adopt. cratic party proposes to tnrn loose the illimitable wool product of Aus­ W c have reached wool, and that is to be stricken down. It would not tralia and South America free of duty upon our markets." do to attack the wool interest and the iron interest and the salt inter­ Mr. WHITING, of Michigan. The Democratic party do not make est and the coal interest of this country all at once, and so these gen­ the farmers tremble in their boots. tlemen, marching up here· filled with a determination to ultimately ob­ Mr. GROSVENOR. I want the gentleman in his own time-for I tain free trade, have reached wool, which they are going topnt on the must confess with all due respect I am learning nothing-to tell me free-list, and, in the language of the New York Sun, a leading Demo­ what has produced the situation in this country whereby the farmers cratic exponent of to-day, when they have accomplished that they will are compelled to sell their wool at such a reduction. Let him do it in strike at the other great raw materials of the country, iron and coal. hls own time; he will have plenty of time. One victory and the free-traders will be emboldened to assail other Mr. WHITING, of Michigan. I can tell you now. industries, and in the end all the Northern industries must go; and Mr. GROSVENOR. If he says it is hard times, who brought them? protection to all the Sout~ern products will be increased. I can remember that a few years ago it wa.s the custom of gentlemen to Mr. Chairman, I insist upon this single proposition: The Congres­ charge hard times to the debit side of the ledger of the Republican party. sional district which I represent has to-da.y about 300,000 sheep. One I can remember very well whenever anybody failed in this country, no of the gentlemen who have argued vociferously here in favor of free matter what the cause, the head-lines of the Democratic newspapers wool spoke to me privately the other day and asked me whether many would show he had been "Shermanized;" so I think we can properly say men in my district bad more than 50 or 75 sl1eep. Why, Mr. Chair­ now to these gentlemen, if they say the price of wool is run down be­ man. in a district of five counties, largely devoted to iron and saltand cause of hard times, who produced the hard times? My friend from coal; there are nevertheless 300,000 sheep . Their product ran up last Ohio, who represents with myself the Hocking Valley district and the year to nearly $500,000. great products of iron and coal, boasted to-day that already somebody This year something over a hundred thousand dollars has been wiped had got in a charge that the Mills bill put iron and coal on the free­ out, and the future of the industry depends wholly upon the question list.. I hold in my hand an editorial from one of the leading Demo­ whether or not the system of protection is to be maintained. The ar­ cratic newspapers of the day (the New York Sun), published under the gument which was made some weeks ago by the gentleman from Mas­ head of "Wool is reached." I will print this editorial in my remarks. sachusetts [Mr. RusSELL], that the land of the country could not be It is very short. The substantial effect of it is that when the Presi­ used economically for the production of sheep and wool, exhibited a dent drew his original tariff message, which is to-day the platform of painful misunderstanding of the situation. In my district there are the Democratic party, he put on the free-list both iron and coal. large tracts of valuable land, and I agree with the gentleman from I do not know whether that is true or not. I do not care. I ·believe Massachusetts that upon that land the sheep industry is not pwfitable. it is true, and I am told that in the first draught of the Mills bill iron ore But there is in the same connection land constituting perhaps one-half and coal were both on the free-list, and I think I know that iron ore the surface of the district, which is worth not exceeding $10 or $15 or and coal is not now on the free-list because a delegation came here $20 an acre, and it is worth that much only because 300,000 sheep are from Alabama and other Democratic States and notified the grand grazing upon it and getting their living upon it, and continuing the council of the Ways and Means Committee that if t'he change was not scil in at least as good condition at the end of the year as it was at the made there would be trouble on the Black Warrior, the Coosa, and else­ beginning. where in the South; and so, for this reason and for no other reason, the Now take off the wool duty, destroy the wool industry, and you not assault is made first upon wool, and when that attack is successfuliron vnly compel the wool-growers to seek another line of production, but ore and bituminous coal are to go next. you render that land substantially worthless, because it is practically The editorial is as follows: worthless for any other purpose. That is a strong argument in favor WOOL IS REACHED. , of the wool tariff. The consideration of the l'rlills bill in the House of Representatives has now Among all the questions that have thronged upon us here in consid­ reached the wool clause. ering this bill we have the fact of the peculiar geographical character Free wool is regarded by the MillS forces, and we believe it wa.s so regarded by Mr. Cleveland, as the king-post of the new tariff roof under which they pro­ of this att.a.ck demonstrated in this wool item, and I want somebody pose that the-country shall live until they can build a. freer one. To demonstrate sometime during this debate to tell us why it is they want to strike this statement, a. very short consideration of :Mr. Cleveland's message and of the this protection down. I find in a publication which I hold in my hand, history of the Mills bill will be sufficient.. It is universally understood that the first draught of the message showed sev­ emanating from the Committee on Ways and Means, that this reduc­ eral important staples upon the free-list which were not there finally. Coal and tion will have the effect to reduce the value of wool and cheapen cloth­ iron were on, among others, and the reason that they were removed was that ing in this country. On the other hand, I have the statement of the such a. programme would have been too startling and too comprehensive for practical use. Thus the recommendations actua.lly submitted to Congress fell gentleman from Massachusetts [Mr. RussELL], as I understood it, that considerably short of the mark t-o which the President's policy \Vould have the effect of this would be to make the product of sheep in this coun­ ,gone had it been unrestrained oy his estimate of the political difficulties in the try more valuable. way of attempting to go fm·ther. The Mills bill bas gone through the same moderating process in the Commit­ .Mr. RUSSELL, of Massachusetts. Yes, sir. tee af the Whole, but it has been a.one publicly. Seventeen articles of import, Mr. GROSVENOR. I am glad that the gentleman stands by his which harl been placed upon the free-list, have been taken off, and the states­ position. Now, between the two, I want some one to explain what is men particularly interestei in their domestic production have been solidified for the assault upon the duty on wool. On many taxed articles higher duties the object to be gained by this proposed change. This bill purports to have been imposed than those originally contemplated by the Mills bill. But cut down the revenue. Certainly no sane man will claim that we can wool is t.he key of the territory now in dispute between protection and free afford, for the difference of$5,000,000 whi~h we get from the tariff on trade; and against it the free-trade brigade have been maneuvering to mass their entire force, volunteers and conscripts. They have yielded up one minor woo1, to assail an industry like this and destroy it. We have had a point after another with scarcely the sign of a struggle, all with the view of a good many predictions during the progress of this discussion, and I combined and irresistible attack on wool. will make one now. I understand that this bill is to be passed. The As Mr. Webster said of Dartmouth College, "it is one of the lesser lights in tl1e horizon of our country. You may put it out." gentleman from Kentucky [Mr. BRECKINRIDGE] has told us prophet­ Nothing will be easier than to extinguish the wool interest. if you have votes ically that it is to pass this House, and that he hopes it will pass the enough; and then with the free-tntders triumphant in the House of Represent­ Senate. And I say pass it! Strike clown an industry owned and atives, a President in the White House whose economic policy consis~ pri­ marily of tariff smashing, and a national condition of the finances which will operated by a million ofvoters in this country; strike downan indus­ •. make free trade easily and thoroughly practicable within twenty years or so, try that feeds and clothes five million people; strike it down and come the protective system will be liable to come down by the run. Then statesmen back here next December, cast your eyes about this House, and then like GAY of Louisiana or VANCE of Connecticut, to whose interests l't!r. MILLS has specially, though we dare say only temporarily, surrender-ed his funda­ I say to you you will ''feel like one who treads alone some banquet­ mental principle, will find that though they have saved their roof th~ir founda­ hall deserted.'' tion is gone. The people of the country recognize this not only as an unnecessary 'I' he 1\fills tariff bill was in its conception and purpose a free-trade project. It has been immensely changed under the effect of discussion and of politics; but blow at a valuable industry, but as a stepping stone to the attack upon its ph·otal element is still free wool. all the other industries. Do not undertake to flatter yourselves that It is for the interest of Democracy that the Mills tariff bill should be beaten. you are to fight this battle out with the sheep owners of this country Let the miners of the Hocking valley be not deceived. Their prod­ alone. Yon are to fight it out with the men coming up everywhere, uct is to come next. The hour is delayed; that is all. with ballots in their hands, representing all the kindred industries of

• 6318 CONGRESSIONAL RECORD- HOUSE. JULY 14, this country which are to be taken one by one as fast as they are reached It is startling to observe the zeal gentlemen on the other side of the and consigned to the insatiable maw of the free-trade monster embodied Honse exhibit in order to save the wool-grower, as they say, from in this bill. The people of this country understand that. They have harm. All over the ·country the manufacturers who receive bounty watched this debate with wonderful interest; and they have seen no from this tariff are greatly exercised over the reduction of the wool justification of this measure; they have heard no successful defense of duty. They, as well as their subsidized journals and political organs, i t; and they will not hear any successful defense of it, because it is have been crying out about what? Not about copper, not about iron, without necessity, without demand by the people-a gross attack upon not about glass, but altogether about wool. When we reached the a great industry which can. stand no further reduction. copper schedule in this House during the progress of the consideration !lfr. Chairman, no single industry of the American people can be of the Mills bill there was not a flutter; when we reached the iron wrongfully stricken down upon the demand of free-trader;:; or their schedule there was scarcely a breeze; but, sir, just the moment we allies the destruction of wbich will not be revenged at the polls by touched wool there was a rushing cyclone from the other side, and even every man who 1ive."3 by an industry in this country, whether that in­ now gentlemen are tumbling over one another in the anxiety of their dustry is directly protected or otherwise. [A.pplause on the Repub­ superabundant zeal to save the imperiled interests as they allege of lican side. J the wool-grower in thi;:; country from total destruction by the effort to Mr. FORD. :Mr. Chairlll!Ul, :five years p,go the Republican party of put wool on the free-list. Michigan did not believe in the doctrine proclaimed by the Republican Some people might doubt the sincerity of these manufacturers, who party of the nation to-day, favoring the repeal of the internal-revenue are new converts to the farmer s interest, and might suppo e they were taxes rather than a surrender of any part of the protective system. That more anxious for their own projects than for the interest of anybody eminent Republican, James G. Blaine, in his essay called the '' Paris else. It looks very much as if they were using the interest of the far­ ~Iessage, " uses the following language: mer as a mere cat's-paw to promote and establish their own interest. The tax on whisky by the Fede1·al Government, with its suppression of nil il­ Let us inquire just exactly how this matter is. Is it a fact that the licit distillation and consequent enhancementofprice, has been a powerful agent wool tariff does help the farmer? in the temperance reform by putting it beyond the reach of so many. To cheapen the price of whisky is to increase its consumption enormously. There The facts before this House prove the contrary. I do not believe the would be no sense in UI"l:ing the reform wrought by high license in many of the tariff on wool raises the price of the f:.'limer's product. I do not believe States if the National Government neutralizes the good effect by making whisky it ever yielded to the farmers of the country a sjngle dollar or even a within the reach of every one at 20 cents a gallon. single penny of advance in the price for which thei-r wool sold in the The Republican platform favors the abolition of the whisky tax, markets. The price of wool depends upon the prosperity of the woolen which, as lllr. Blaine says, would cheapen its price and increase its manufacturer. He must be pro perous or there will be no demand for consumption. But before that convention adjourned it passed a reso­ the wool of the farmer, and it" the demand for the wool of the farmer be lution sympathizing with "all wise and well-directed efforts for mo­ lessened, of course, the price depending upon the demand for it and the rality and temperance." They sympathize. How? According to mn.rket being reduced or cut off, the price falls. :rtfr. Blaine they sympathize with temperance and morality by propos- Our woolen manufacturers can not depend altogether upon the pro­ ing to reduce the price of whisky. _ duction of wool in this country. We can not produce the different In 1883 we were collecting an enormous surplus revenue. During kinds of wool in the United States necessary for successful manufacture the :fiscal year ending June 30, 1882, ourreceiptsexceededourordinary of all sorts of woolen clothes from the lowest to the highest. For their expenditures by over $146,000,000; and in the early p::trt of 18 3 the success they must have within their control all kinds of wooL When question as to the reduction of taxes was being extensively agitated. they are successful their demand for the wool product of our own farm­ The Republican party of Michigan had not at that time gone over ers is of course steady and increasing. "body and soul and breeches" to the "trusts" that are kept alive by George William Bond, the greatest authority on wool and wool man- the tariff, and they expressed themselves through their Legislature in ufactures in the United States, uses this language: · square, honest, unmistakable terms against free whisky and tobacco in None of the third-class wools (carpet wools) can be grown in this country to any form. The Michigan Legislature of 1883 was largely Republican advantage. in both branches; and fearing that the growing surplus in the Treasury In regard to fine -wools, h~ says: might induce Congress to abolish the internal-revenue t.:ues in -whole 'Ve may grow wool in some places equally fine and npp:uenlly as goo:i in other respects as the wools that are imported, but they will uot produce the or in part, they passed a resolution which was approved by a Repub­ same effect when fini bed. Such is the influence of climate nnd soil upon wool lican governor, requesting their Senators and Representath·es in Con­ that no two places can grow wool exactly alike. gress to oppose any effort to repeal the mxes on whisky and tobacco. Now, you may put on protective tariff just as you please on ·wool, That resolution passed the house of representatives on the 17th day you may make it as high as you please, bntwecan not, however much of January, and the title of it was ''Joint resolution requesting our we establish protecth-e tariff in this country, raise tho different sorts of Senators and Representatives in Congres.<~ to vote against the removal of wool necessary foronrwoolen manufacturers, bec.-·msethe Almighty bas the internal-revenue tax upon intoxicating liquors and tobacco, or not given us the soil or climate with which to do it. Tberefme, when either." That resolution passed the senate on the 2d day of Febru­ you increase the price of the foreign wool you necessarily impose an ary, and was approved by a Republican governor. That does not additional burden upon the woolen manufacturer; but when )'on do sound much like the utterances of the Republican party of to-day, that, instead of helping the farmers of the country, you only injure whose policy, if carried to its logical and legitimate outcome, would the farmers, because by imposing additional burdens upon the wool en result in adding to and increasing the misery of our fellow-citizens by manufacturers, who are the --.;-ery best customers of the wool products placing whisky before them at 2 ~nts a drink. To this has. it come a:t of the farmers in this country, you therefore reduce the demand in our last. Why, sir, I remember reading once of a man who said that his markets for the farmer's wool, and the demand being le ened I need ideal country would boa place where whisky sold for 20 cents a gallon not tell this House the price falls. and there was no hanging for stealing. It is very obvious, and there­ If the woolen manufacturing interest is depressed the demand is less­ fore I will not state what party the gentleman I have just mentioned ened and the price is reduced. That is as certain as that two and two ought to belong to. · make four or the shadow follo-ws the substance. So true is it that the Has my time expired? tariff on wool cheapens the 'price that the proposition has been de­ The CHAIRMAN. The gentleman's five minutes has expired. nounced over and over again by leading Republicans. In 1883 tho M:r. TARSNEY. I move, by unanimous consent, the gentleman's National Wool Growers' Association declared that the act of 18G7, time be extended fifteen minutes. whereby the wool tariff had been increased, steadily, ye..'l.r by year, it Mr. L.AIRD. With the understanding that the same courtesy shall reduced the price of wool from 51 cents in 18~7 to 43 cents at the pres­ be offered to this side from the other. ent time. Mr. FORD. It has been offered t o gentlemen on the other side, be­ The Indiana Wool-Growers' Association in 1883 said: cause they have taken up the whole afternoon. The price of wool has steadily receded from 51 cents in 1867 (o 42 cents in There was no objection, and Mr. TA.RSNEY's motion was agreed to. 1883. . The CHAIRMAN. The gentleman's time has been extended for Senator HAWLEY, in the Senate of the United States, in 1883, said :fifteen minutes. that the effect of the wool tariff had been- - r Mr. FORD. I thank the committee for its courtesy. to reduce the price of wool. Now, Mr. Chairman, after favoring cheaper whisky the Republican And Senator SHERl\IAN also, in the Senate, in the same year, said: convention denounced the Democratic party for proposing free wool . The result of the policy of protectin~ the wool-gi"Ower has been to gradually It is conceded on all hands, sir, there should be some reduction of tax­ reduce the price. ation. Where should that reduction take place? CertainJy upon the In 1857 the tariff upon wool was reduced, so much so that we hr.d taxes most burdensome. Is the tax: on whisky burdensome? There practically free wool. In 1867 the tariff was put up to almost the high­ can be but one answer to that question from any man who has not been est rate of tariff we have ever had on wool. What was the result? For seduced by selfishness and blinded by partisanshj p. the three years following 1857, under free wool, the price of wool in There is not a government on the face of the globe that does not tax :Uoston was 44 cents a pound on an average; and for the three years whisky. Is the battle-cry to be cheap· whisky and higher tax on following the high tariff of 1867 it was 36 cents a pound. clothing? If so, it will never succeed. Is the wool tax burdensome? Again, in 1872 the wool tariff was reduced 10 per cent. Did this re­ Of course it is. It is a burden to the consumer while at the same time duction decrea e the price of wool ? No, sir; by no_means; for in 1872, it is no benefit t o the wool-grower. under a reduction of this percentage of the wool tarifi', wool sold iD. .. 1888. CbNGRESSIONAL RECORD-HOUSE. 6319

Boston at an average price during the year of 62 cents in gold, the very take of by the Republican party; but it is a feast that, in my jndg­ higbest price ever known for. wool on this continent. ment, they will utterly repudiate and reject on the 6th of November Now, some one said that the wool tariff increases the number of next. [Applause on the Democratic side.] sheep. · Mr. COX. I move that the committee rise. A 1\IEMBER. Makes more lambs live.. The motion was agreed to. Mr. FORD. They claim that it not only raises the price of wool, The committee accordingly rose; and :Mr. Cox having taken the but that it actually makes the sheep grow. Let us look into this for chair as Speaker pro tempore, Mr. DocKERY reported that the Com­ a moment. mittee of the Whole on the state of the Union had had under consid­ What was our proportion of sheep to population before we had any eration the bill (H. R. 9051) to reduce taxation and simplify the laws . tariff upon wool? Why, it was a great deal larger than it is to-day. in relation to the collection of the revenue, and had come to no resolu­ In 1813, years before we bad any tariff on wool, and at a time when tion thereon. we had 8,000,000 of population, we had 15,000,000 sheep, while in ORDER OF BUSINESS. 1887, with a population numbering 60,000,000, we had but44,000,000 Mr. STAHLNECKER. I ask that the Committee of the Whole be sheep. In 1813 we had two sheep per capita, while in 1887 we bad discharged from the further consideration of House bill1676, and that but four-fifths of a sheep to each person, not enough to go round and it be now considered in the House. - give every person one whole sheep. Now, the result is 100 per cent. Mr. KILGORE. I object. more sheep under free wool, better prices under free wool, and greater Mr. CRAIN. I ask that the CommiLtee of the Whole be discharged pros peri tv. from the further consideration of the bill (H. R. 10165) for improving From 1824 down to 1860 there was no time when we did not have a the mouth of the Brazos River in Texas, and that the same be now tariff on wool. The result was that the number of sheep declined considered. enormously per capita of population. In 1857 the tariff on wool was The SPE.A.KEH pro tem1Jore. Is there objection? reduced, so that we had practically free wool; but in 1861 the tarifr :Ur. HOVEY. I object. -was again raised. · 1\fr. T. H. B. BROWNE. I move to discharge the Committee of In 1860 we bad three years of practically free wool, but the wool- the Whole from the further consideration of the bill which I send to growing industry bad not yet recovered from the blight produced by the Clerk's desk, and that the same be now considered. nearly forty years of high tari.if, so that our proportion of sheep to pop- The Clerk read as follows: ulation was very low. In 1860 we bad 30,000,000 of population and A bill (S.12ll) for the completion of the monument to 1\Iary the mother oi 22,000,000 of sheep, exactly the relative proportions of to-day; and in Washington at Fredericksburgh, Va.. 1860 the price of wool in B~ton averaged 48 cents a pound; while in The SPEAKER pro tempore. Is"there objection to the consideration 1886 it waq but 33 cents a pound, showing t.bat since 1860, notwith- of the bill? - standing the imposition of au exorbitant tariff, the number of sheep Ur. HOVEY. I object. per capita has not increased, -while the price of wool has actually de- :Ur. STONE, of Kentucky. There have- been night sessions set clined 15 cents a pound. apart for the consideration of bills coming from a number of commit- Now we are told, l'!Ir. Cbaixman, that the object of imposing a high tees. Quite a number of bills that have been reported from the Com­ tariff on wool is to reduce the importations of foreign wool. But it mittee on 'Var Claims have passed the Senate. I ask unanimous con­ does not, because c.ur manufacturers have got to have the foreign wool sent that next Wednesday night one week be set apart for the consid­ tbat we do not produce or else they will close ibcir factories and go out eration of bills that have passed the Senate and been reported to the of the business. The wool tariff bas not reduced the importations of I House by the Committee en War Claims. wool at all scarcely, or to any extent worth speaking of. 1r. HOVEY. I object. In 1866, out of a total consumption of wool by the people of the Mr. McMILLIN. As it seems that no business can be done, I mo>e United States, 30 per cent. was foreign wool, and in 18 6, 29 per cent. · that the House take a recess until 8 o'clock this evening. was foreign wool. . The motion was agreed to; and (at 4 o'clock and 58 minutes p. m.) Gentlemen say that the number of sheep increased in this country the House accordingly took a recess until 8 o'clock. between 1869 and 1884 at a greater rate than ever before, and they attribute it to the tax on wool. S\f, where did that increase occur? EVENING SESSIO.-. Not in Ohio; not in Michigan. That increase was west of the Mis­ The recess huving expired the House reassembled at 8 o clock p. m. souri River; it was in Texas, in California, in New Mexico. Was it The House was called to order by Mr. Cox, as Speaker pro tempm·e, the t..'lriff that increased the number of sheep in those States? Not at who directed the reading of the following communication·: all; it was the cheap land that could be procured, on which the sheep could roam and graze. SPEAKER's Roo::u:, HousE oF P..EPRESEXTATIVES, July H, 1888. Sm: Ron. S. S. Cox is h ereby designated to preside as Speaker p1·o tempore at The number ofsheep in Michigan in 1870 was 1, 985,906. In a. fiormer ' the session of the House this evening. speech I was misled by some erroneous statistics and stated the num- JOB~ G. CARLISLE, Speake,·. ~;[c~~a~Of~·~~~O. T~~! ~~~~e:U~}t~~:~p ruh~~c~~.:u ~:s;S~~6w;~ Honc~~~o!e ~_J!~;esmtatires . 2, 156,157, or an increase of only 170,251 in seventeen years._ The pop- The SPEAKER pro tempm·e. The Clerk will read also the order for nlation of that State during that time increased 69 per cent., and the this evening session. number of sheep increased but 8 per cent. The Clerk read as follows: Now observe the difference under low tari:ffs. Between 1850 and On motion of Mr. LANHAM, 186(), under a low tariff., and part of the time free wool, the number of 01·dered, That a rece s be taken to-morrow (Saturday) ~Yening from 5o clock until 8 o'clock p.m., the evening session to be devoted ex:clusively to the con­ sheep in Michigan increased 70 per cent. Between 1860 and 1870,dur- sideration of bills reported from the Committee on Claims to which there shall ing which time there were only three years of a high tariff on wool, the be no objection. number of sheep increased 56 per cent. · ORDER OF BUSL.''a~SS . So long as suitable land for grazing sheep cau be. had in the West al­ l'tir. LANHAM. Mr. Speaker, before moving that the House resolve most for the asking, the wool coming from that portion of our domain itself into Committee of the Whole House for the consideration of bills will prove a mighty competitor with the wool grown on high-priced under the special order, I desire to submit a brief statement fur the land in M:icbigan and Ohio. If you are going to benefit the ~ficbigan consideration of the House. There are, I think, about one hundred wool-grower by a tariff, that tariff shonld be against Texas, California, and fifty bills on the Private Calendar reported from the Committee on and the Territories, and not against South America or Australia. Claims. A great many of those bills are, in my judgment, quite mer­ Now, I would like to know where is the benefit to the farmer in this? itorious, and will provoke very little, if any, discussion. Under the It exists only in the vivid imagination of gentlemen on the other side. order of the House we can consider only such bills as may not be ob­ Has the wool tariff reduced the importation of wool? No, sir. I an­ jected to. It would require a great deal of time to call the bills regu­ swer emphatically it has not. Has-it increased the number of sheep? larlyin their order on the Calendar, and I submit a request for unani­ Not at all. mous consent that when the House does resolve itself into Committee M:r. T.ARSNEY. It bas decreased them. of .the Whole House gentlemen present may call up bills out of the reg­ Mr. FORD. Has it increased the price of wool? No, sir; the op­ ular order for consideration. posite has been the effect; the price bas actually declined. Then where M:r. DOCKERY. Mr. Speaker, I think there is some objection to is the benefit to the farmer? It must be in the supreme satisfaction that the method proposed by the gentleman from Texas, and, with his per­ he is doing hard work in order that certain manufacturers may grow mission, I su~est that the most satisfactory plan that bas ever yet rich' out of his labor. [Applause on the Democratic side.] been devised for facilitating business at these evening sessions is to The manufacturer has said to the farmer: "You work; I eat. Yon have the bills read by their titles, and if the consideration of any bill toil; I take a rest. Yon struggle and economize and pinch and save is not asked for when its title is read to let it go over, not losing its money and give it to me; and, Mr. Farmer, while you are making that· place on the Calendar. In this case, however, in view of the special donation t o our wealth and prosperity you must be comforted by the order, I would modify that so as to provide that each member shall consoling thought that there is a tariff on woo1." [Applause on the have the right to ask for the consideration of only one bill until other Democratic side.] members present shall ea~h have bad an opportunity to have one hill This is the feast the farmers of the United States are invited to par- considered. 6320 CONGRESSIONAL RECORD-HOUSE. JULY 14,

Mr. LANHAM. There are several gentlemen here whose bills are uary 24, 1888, and the report thereon of that date (No. 110) is adopted as a report on this Senate bill. low down on the Calendar, so that it would take a long time to reach The committee recommend that said HousE! bill do lie upon the table, and them, and I think that those who have been diligent enough to-make that Senate bill No. 321 be passed instead thereof. their appearance here to-night ought to receive some consideration. Mr. Mcl\HLLIN. I concur fully in what the gentleman from Mis­ Mr. ROGERS. This report refers to the very elaborate report upon souri [Mr. DOCKERY] has said. Various methods have been tried for the Honse bill which of course ought to be read, if gentlemen wish the consideration of bills at these sessions, but I think the most satis­ to hear the committee's statement of the case. · factory one we have ever adopted is the one suggested by him. Let M:r. LONG. Why can not the gentleman from Arkansas state the the bills on the Calendar be called in their order! and if no gentleman case? present calls for the consideration of a bill when the title is read let it :M..r. ROGERS. I can state it accurately; but the reading of there­ be passed over informally, not losing its place on the Calendar; but if port seems to be desired. · any gentleman present desires the consideration of the bill, let him ask Mr. McMILLIN. I will not insist upon the readi:pg of this report, for it and let the bill be considered. I think we shall do more business because I do not wish to appear captious; but in matters of such im­ in that way than in any other, and it will be satisfactory to every one. portance as this I think it proper the record should show the report Mr. LANHAM. I suggest that no member ought to be allowed to upon which the action ofthe·Honse is founded. I have acted on that call up a bill for an absentee. theory heretofore, and. shall continue to do so. Mr. McMILLIN. Let it be understood that no one shall be per-­ Mr. ROGERS. Let the report be printed in the RECORD, and I will mitted to call up more than one bill until all gentlemen present have make a statement which I think will cover the points involved. each had an opportunHy to call up a bill. Mr. KILGORE. Does the gentleman from Tennessee withdraw his Mr. LANHAM. Mr. Speaker, inasmuch as there seems to be some demand for the reading of the report? objection to the method of procedure proposed by myself, I will en­ Mr. McMILLIN. I do. deavor to conform to the suggestions of the gentleman from Missouri Mr. KILGORE. I want to hear the report. [Mr. DoCKERY] and the gentleman from Tennessee [Mr. McMILLIN], The Clerk read as follows: The committee find that this bill was considered by the Committee on Claims and I now move that the House resolve itself into Committee of the in the Forty-ninth Congress and favorably reported, but the amount claimed Whole Honse for the purpose of considering bills on the Private Cal- being a considerable sum, the commiLtee have carefully re-examined it and endar. · submit herewith the result thereof. In the year 1873 Ward & Peck became the lessees of the Arkansas State peni ten­ The motion was agreed to. tia.ry. At the date of their lease the United States prisoners in the eastern and The Honse a£cordingly resolved itself into Committee of the Whole, western districts of Arkansas were being confined in that prison, at the sum of Mr. DOCKERY in the chair. 75 cents a day per capita, which was the sum ldlowed by the State for keeping its prisoners in the county jails. Ward & Peck continued to receive and keep The CHAIRMAN. The House is now in Committee of the Whole, the prisoners for both districts of Arkansas upon the same terms and condi­ under the special order which has been read in the Honse. The Chair tions as their predecessors had done. In a letter addressed by the First Comp­ will entertain the proposition of the gentleman from Texas [Mr. LAN­ troller of the Treasury to the United States marshal at Little Rock, dated Au­ gust 19, 1884, in relation to the prisoners then kept at the Arkansas penitentiary, • HA.M]. the-following language was used: Mr. LANHAM. Mr. Chairman, I ask unanimous consent that the "The sum of 75 cents per day will be allowed for guarding, subsisting, cloth­ bills be read by their titles in their order on the Calendar, and that ing, medicine, and providing medical attendance for.each prisoner, in accord­ ance with the rates heretofore allowed. · when a bill is reached, unless some gentleman present calls for its con­ "R. W. TAYLER, Oomplroller." sideration, it shall be passed over informally, not losing its place on the In October, 1874, complaints were made to the Attorney-General of the United Calendar, each member present having the tight to call up only one States touching the condition and management of the penitentiary of the State of Louisiana, at Baton Rouge, in that State, whereupon the Attorney-General bill until others present have had a like opportunity to call up each opened correspondence with the United States marshal, Isaac C. Mills, of Little one bill. Rock, Ark., touching the condition and management of the Arkansas peniten­ There was no objection, and it was so ordered. tiary, and the propriety of confining the United States prisoners sentenced by the United States courts for the district of Louisiana therein. The following is The CHAIRMAN. The Chair suggests that gentlemen watch the the answer of the lllllrshal :. Calendar closely while the Clerk reads the bills by their titles only, so "OFFICE OF UNITED STATES MARSHAL, that as bills are called the consideration of which is not asked for they "EASTERN DISTRICT OF ARKANSAS, may be rapidly passed over. The Clerk will report the first bill. ., "Little Rock, .Ark., November 7, 1874. The Clerk read as follows : "SIR: Yours of the 29th October, in regard to confinement of convicts sen­ tenced by the United States courts of the district of Louisiana, has been re­ A bill (H. R. 68) for the relief of Zeb Ward. ceived; contents carefully noted. In reply I am of opinion that the ArkansaS Mr. ROGERS. Mr. Chairman, I desire have that bill consid­ penitentary is a suitable place for the purpose; Little Rock is a healthy locality; to prison room for several hundred more convicts than they now have confined. ered. The contractors, Messrs. Ward & Peck:, are willing to contract at the same rates Mr. LANHAM. That bill passed the Senate, came to the House, as are now paid them by the United States for like services. and was referred the Committee on Claims. The Committee on "I have the honor to be, sir, your obedient servant, to "ISAAC C. MILLS, Claims had previously reported the Honse bill, but they have since re­ "United States MarBhalfortlte Eastern District of .A: kansas. ported the Senate bill with the recommendation that the House bill "Hon. GEO. H. WILLIAMS, be laid on the table. ".A.Uorn..ey-General, Washington, D. C." M.r. ROGERS. I intended as soon as the title of the bill was an­ On the 1·eceipt of this letter the Attorney-General wrote as follows: nounced to ask the consideration of the Senate bill instead. "DEPARTMENT OF JUSTICE, "Washington, D. 0., NO'Vember 12, 1874. ZEB WARD. "SIR: I have received your Jetter of the 7th instant, informing me that, in The first bill on the Calendar from the Committee on Cla1ms (called your opinion, the Arkansas penitentiary is a suitable place for the confinement of United States prisoners, that Little Rock is a healthy locality, and that there up by l\1r. RoGERS) was the bill (H. R. 68) for the relief of Zeb Ward. is prison 1·oom in the penitentiary for several hundred more convicts than are Mr. ROGERS. I ask unanimous consent that, instead of consider­ now confined there. You further note that the contractors, Messrs. Ward & ing this Honse bill, we consider Senate bill No. i:$21, which is an exact Pecli, will c•mtractto receive convicts sentenced by Federal courts in other dis­ tricts than those of Arkansas, at such rates as are now paid by the United States copy of this. for prisoners sentenced by the courts of the latter named district. The CHAIRMAN. If there be no objection, the Senate bill will be "I have designdted this penitentiary as a place for the confinement, subsist­ considered in lieu of the Honse bill. The Chair hears no objection. ence, and proper employment of such convicts as may hereafter be convicted by the United States courts for the district of Louisiana, and have so notified The bill was read, as follows: the officers of that district. You will please have a contract drawn up to be 1· - A !>ill (S. 321) for the relief of Zeb Ward, of Little Rock, Ark. signed by these contractors on the one part and by myself for the United States on the other part, conditioned upon the payment of the same sum as is now Be it enacted, etc., That the Secretary of the Treasury be, and he is hereby, paid for the support and maintenance of the United States convicts in that authorized and directed to pay to Zeb Ward, of Little Rock, Ark., out of any pris'on, that they will safely keep, subsist, clothe, and furnish the necessary moneys in the Treasury not otherwise-appropriated, the sum of $19,615, balance medical at.tendance and medicine for such prisoners as may be sent by the ofthe·account of said Ward for the keeping of United States prisoners in the courts of the district of Louisiana. State penitentiary of Arkansas from April 1, 1876, to March 31, 1883, the said "When the contract shall have been signed by the contractors you will trans­ Ward being the lessee of said penitentiary during that time. mit it to this Department for my signature. "Very respectfully, The CHAIRMAN. Is there objection to the consideration of this "GEO. H. WILLIAMS, .Attorney-General. bill? The Chair hears no objection, and the committee will proceed "J. C. MILLS, Esq., to its consideration. " Ur~ited States Marshal, LiUl..e Rook, .Ark." The contract was drown and executed in pursuance of this letter, and is as Mr. KILGORE. I would like to hear the report read. follows: Mr. ROGERS. The report is somewhat lengthy. I will send it up "Articles of agreement made an<}. entered into this 18th day of November, A. to be read ifthe reading is insisted upon, but I can state the facts per­ D. 1874, by and between Zeb. Ward and John :M. Peck, partners under th&style of Ward & Peck, lessees of the Arkansas State penitentiary, of the first part, . haps more briefly than they are stated in the report, though that pre. a.nd the United States of America by her Attorney-General, George H. Williams, sents, I think! the best argument which can be made on the subject. of the second part. Mr. McMILLIN. Let the report be read. "Whereas George H. Williams, Attorney-General of the United States of Americn., has designated the penitentiary of the State of .Arkansas as a place The Clerk read as follows: for the confinement, subsistence, und proper employment of such convicts ~8 The Committee on Claims have considered Senate bill No. 321, for the relief of may hereafter be con"icted by the United States courts fot· the district of I~ouis~ Zeb Ward, and report the same without amendment, and .recommend its pas­ ialll).- sage. .. Witnesseth: That the said Ward & Peck, lessees as aforesaid, parties of the This bill is the same as House bill No. 68, reported from this committee Jan- first part, for the consideration hereinafter mentioned, have agreed and by

I • . 1888. CONGRESSIONAL RECORD-HOU-SEo 6321 these presents do covenantJ~.ud agree to and with the said United States, party of It is fair to presume that .Judge Caldwell did not know what Ward's contract the second part, that they, the said parties of the first part, shall and will safely with the United States was, or, knowing it, thought in what he did to invite the keep, subsist, and clothe, and furnish the necessary medical attendance and attention of the Department to what he considereQ an exorbitant charge, that medicine for all such prisoners as may be sent to the said penitentiary of the it might make a new contract with Ward. It resulted, however, as has been State of Arkansas by the courts of the United States for the district of Louisiana. seen, in not only cutting down Ward's pay one-third of the contract price, but "And the said party of the second part doth hereby covenant and agree on her in the immediate withdrawal also of all the long-term prisoners. He makes no part that she will well and truly pay to the said parties of the first part the sum claim for damages for the breach of tlle contract, but only for the service actu­ of 75 cents per day for each and every person so safely kept, subsisted, clothed, ally performed by him. and furnished with medical attendance and medicine as aforesaid by said parties The committee have examined all the correspondence that the Department of of the first part; said payment to be made at such times and upon the produc­ .Justice could find on its files touching this claim, and have fairly stated the sub­ tion of such vouchers as may be prescribed by the Department of .Justice of the stance of the facts, and submit that claimant has established his claim to the ex­ Unit-ed States. And for the true and faithful performance of the covenants and tent of$19,615. agreements aforesaid the parties aforesaiq hereby bind themselves firmly by Your committee recommend that the words "twenty thousand three hundred tllese presents. In testimony whereof the parties of the first part have here­ and ninety dollars and eighty cents" in the bill be stricken out and the words unto set their hands and seals, and the United States, party of the second part, "nineteen t-housand six hundred and ~en dollars" be inserted in lieu thereof, has witnessed her assent thereto by the hand of her Attorney-General. and when so amended that the bill do pass. "WARD & PECK, (L.S.] Mr. KILGORE (during the reading of the report). I am willing . "Lessees of Arkansas Penitentiary• "(Seal Department of .Justice.] that the further reading of the report be dispensed with, if the gentle­ "GEO. II. WILLIAMS. (L. s.] man from Arkansas will state the substance of it. "In the presence of­ .. .JOHN W ASBELL. Mr. SENEY. I think this matter is of enough importance to de­ " C. B. MooRE. mand that the report be read. "A. J. FALLS, as to GEO. P. WILLIAMS." The Clerk resumed and concluded the reading of the report. AB soon as the contract had been completed the Attorney-General made the :M:r. ROGERS. Mr. Speaker, the Senate bill was made to conform following order: "DEPABTliiENT OF .JUSTICE, Washington, November 10, 1874. to the recommendation contained in the House bill, so that the appro­ "Sm: Pursuant to the provisions of the a.cts of Congress approved May 13, priation is now for $19,615, instead of the larger sum. There was a 1864, and March 5, 1872, I have designated the Arkansas State penitentiary as discrepancy of some five or six hundred dollars between the report a place for the confinement, subsistence, and proper employment, during the made from the Treasury Department and the itemized a-ccounts as fur· term of their sentence, of all persons who shall have been or may hereafter be convicted in the courts of the United States for the district of Louisiana of nished by Colonel Ward. I declined to undertake to adjust that dif. crimes against tlle United States and sentenced by said courts to imprisonment ference, and allowed the report to be made according to the account at hard labor. as sent in by the Treasury Department. It is proper I ehould state "Very res_P.ectfully, '' GEO. H. WILLIAMS, "Atwrney-General. that the report of the committee is, with the exception of a single mat· ".J. R. BECKWITH, Esq., ter, based solely and absolutely, I believe, upon the official records of "United States Attorney, New Orleans, La." the Department of Justice, embracing the contracts and correspondence [NOTE.-Same sent to .Judge Durell, at New Orleans, and Marshal Packard.] Aft-er the date of thisorde1· the prisoners sentenced in the United States courts between Colonel Ward and the different Attorneys-General, together for the State of Louisiana were sent to the Arkansas State penitentiary and kept with Judge Caldwell's letter, and other matters of that kind. The re­ by its lessees under this agreement. In January,1875, Ward, the claimant, pur­ port is a full and fair statement of the circumstances of the case ex­ chased the interest of his co-partner, Peck, in the lease from the State and in the contracts aforesaid for keeping, subsisting, etc., the United States prisoners actly as they appear upon the publicrecordsoftheDepartment of Jus­ forth~ States of Arkansas and Louisiana, and t\lereby became the sole lessee of tice. the State and the onlv contractor with the United States. Now, if there are any circumstances about which any gentleman de­ In the spring of 1875, only a few months after the said contract was executed, I }.!r. Ward, in conformity to established regulations of the Department of .Jus­ sires to make inquiry, shall be glad to reply. tice under the law, presented his account fer guarding, feeding, etc., the United 1\fr. KILGORE. Is it customary to authorize by special act of Con­ States prisoners to the Hon. H. 0. Caldwell, then and now the district judge of gress the payment of expenses of this kind? Are they not generally the United States for the eastern district of Arkansas, for his examination and approval; whereupon the said judge approved the account for 50 cents per day paid as part of the court expenses? per capita and refused to approve it for the other 25 cents per day per capita,as Mr. ROGERS. No, sir. provided In1 the contracts between the United Stat-es and the lessee, and wrote Mr. KILGORE. How are they usually paid? the Attorney-General a. letter containing, among other things, the following paragraph, explanatory of his action;. Mr. ROGERS. These expenses are paid regularly by the Comp­ "The prisoners sentenced to imprisonment in this penitentiary are sent-enced troller of the Treasury upon audited aecounts ot the marshal, which to 'hard labor' during the term of their imprisonment. This part of the sen­ are submitted to the court for approval or disapproval. As Judge tence is faithfully ilxecuted by the lessees of the penit-entiary. The earnings of the prisoners' labor under this sentence go to the lessees. Their labor is val­ Caldwell says, the approval or disapproval of the court is the only safe­ uable, and ought to be taken into consideration in fixing the compensation of guard of the Department; but this is subject, of course, to be over­ the lessees for subsisting, clothing, and furnishing medical attendance to the ruled by the accounting officers of the Treasury. prisoners. I am satisfied that 50 cents per day would be a. most liberal com­ pensation for subsisting, clothing, furnishing medical attendance, etc., for pris­ :M:r. KILGORE. Why were these accounts never paid in that way? oners sentenced to hard labor, and their accounts ought justly to be reduced Mr. ROGERS. They were never made out in that way. Judge to that sum at least. For prisoners put in the penitentiary for' safe-keeping,' Caldwell stated to the Department of .Tnstice that 50 cents per day and who do not labor, 75 cents per day is not unreasonable. for each prisoner was enough. Colonel Ward received this sum under "HENRY C. CALDWELL, " United States District Judge." protest. On the receipt of this letter the Attorney-General notified Ur. Ward that only Mr. KILGORE. Then he was paid 50 cents per day for each pris· / 50 cents would be allowed. Ward protested against the violation by the United oner? States of the contract~ Correspondence ensued; but the Departmentcontinued to cut down t-he account from 7:'\to 50 cents, and to send the prisoners to Ward :Mr. ROGERS. He was. The balance due is 25 cents per day for in a way hereafter explained, who received them, as he was compelled to do each of these prisoners, in conformity with the price named in the con­ under the State statute, and also received the allowance made him by the De­ tract between Colonel Ward and the Government, this difference of 25 partment, but always under protest, and always presenting each account made out at the contract price-75 cents a day per capita. cents having been disallowed by action of the Department of Justice be­ 'l'his state of things continued from April30, 1876, until March 31, 1883-nearly cause of the recommendation ofthejudge ofthe court. seven years. Mr. KILGORE. Does it-appear in this investigation that the pris­ It should be stated at this poi-nt that in April, 1876, the Department made an order sending all the convicts thereafter convicted and sentenced by the United oners were employed at labor? States courts in Arkansas and Louisiana for a longer term than one year to the Mr. ROGERS. Oh, no. penitentiary in West Virginia, and without any notice to Ward whatever, Mr. KILGORE. The claimant was the lessee of the penitentiary, I leaving with him only the sick, wounded, and short-term prisoners, whose services were of little value to him. It may be inquired why .Judge Caldwell believe. advised the disallowance of 75 cents per day. This is fully explained by his Mr. ROGERS. Yes, sir. subsequent letter, as follows: Mr. KILGORE. And had the right to work the prisoners? "LITTLE Rocx:, ARK., May 11, 1886. Mr. ROGERS. Not at all; only those who were sentenced, of course, "1\IY DEAR SIR: In relation to Colonel Ward's claim for keeping United States prisoners I have this to Stl.y. When Colonel 'Vardfust became the lessee of the to hard labor. A iarge class of those who were imprisoned there, as penitentiary he ha-d all the United States prisoners from thisand the western this report shows, or a considerable number of them, were disabled, by district, aggregating a large number, and many of them long-term prisoners, wounds or long confinement, from working. The short-time prisoners sentenced t-o hard labor. In view of these facts, I thought then, and still think, that 50 cent~ per day for each prisoner, including all classes, was an adequate he had no right to work at alt.· He had to clothe, feed, take care of, compensation; but afterwards, by an order of the Attorney-General, issued and furnish medical attendance for all of them, but was not allowed to under authoriLy of an act of Congress, all long-term prisoners were sentenced work any of them excepting those who were sentenced to hard labor. to imprisonment in the house of correction at Detroit, Mich. This left only the short-term prisoners, most of whom were not sentenced to labor at all, to be And, moreover, the hardship bore particularly hard upon Colonel Ward imprisoned in the Arkansa..q penitentiary. It is obvious that what would be a for this reason, that he could not break the contract with the Gov­ fail· compensation per head for keeping all the United States prisoners, those ernment because the State law compelled him to accept these prison­ sentenced to long terms and hard labor, as well as those sentenced to short terms and no labor, would not be an adequate compensation for keeping the ers. last-named class alone. Now, Judge Campbell, after the case had been before him, decided "It is needless for me to say that I had no power to make a contract with Col­ that he had no authority in the premises to revoke or modify the con­ onel Ward on this subject, or to revoke or modify any contract he had made with the Department, and I never assumed to do so. While the law then in force re­ tract, but that it was a matter for the Department. The Department quired me to examine the accounts paid by the marshal and approve or disap­ of Justice, however, as shown by the report, refused to do anything for prove the same, my action went for nothing .for any clerk in the Auditor's Office the relief of Colonel Ward, and as a matter of fact they removed all could then, as now, disregard my action. The approval or the disapproval of the judge settled nothing, and went for nothing, usually. the long-term prisoners, by an order of the Department, to Detroit, ''Yours, truly, · "HENRY C. CALDWELL, leaving him only the sick and wounded and those who were impris­ '' United Slates District Judge. oned for short terms; and for six years he was compelled to keep these "Hon. J. H. ROGERS, M. 0., "Washington City." in violation of the 'terms of the coutt-act. He pro~ested over and over XIX-396 • 6322 ·coNGRESSIONAL RECORD-HOUSE. JULY 14,

again to the Department, but they refused to reconsider the order. think f01 that reason-call it a legal dispute or call it what you please- [ Cries of "Vote P' "Vote !t'] we ought to send this mn.n to the Court of Claims. Mr. SENEY. I would like to-ask the gentleman from Arkansas a Mr. BRECKINRIDGE, of .A.rkans::tS. 1\Iy friend will observe one. question in this connection. co.nside.ration. The reason in tho c.."t.Se is very plain. It is stated by Mr. ROGERS. Certainly. the cireuitjudge. He states tha.t be thought Ward was to continue to Mr. SENEY. Is there any existing law under which Colonel Ward's recei.-e the sound as ell as the unsound prisoners. That was the rea-· elaim may be audited? son and that was the basis of the j adge's recommendation. The judge :Mr. ROGERS. There is not. so far as I am aware. distinctly states that rea on was. done way with.. I think the gentle- Mr. BUCHANAN. Let me ask a question. man is right as to there having been a reason, bot the reason is per- Mr. ROGERS. Certainly. feetly clea.r. The judge leaves i~ no slmdow of doubt. He withdraws .Mr. BUCHANAN. What was to prevent this gentleman from going entirely h.i8 former statement, · into the Court of Claims and seeking his remedy there? :Mr. SENEY. There was a reason but there is no reason now. Ur. ROGERS. I do not know that there was any law at that time. 1\Ir. ROGERS. Allow me to make a statement to my. friend from 1\Ir. BUCHANAN. I think there was at this dater 1878. Ohio. When I exnmined this claim the firs t thing I did was to send a Mr. ROGERS. I am not aware of that fact. It was long before I communication in writing to the Department of Justice, asking for went to Congress. I did not know anything of it except what I found every paper relating to the transaction. My friend will accept my on the :files of the Department, communications, from ex-Senator Gar- statement when I say I have carefully read every paper in connection .. land, ex-Senator Powell Clayton, and others, protesting against the in- with the case; every letter and every paper; :md they were before the justice done to Colonel Ward. But I do not think he had aright to go committee. The reason. and the only 1·eason that can be found upon into the Court of Claims at that time. If he had, I doubt if he knew the records of either Department, is this letter of Judge Caldwell which the fuct. is set out in the report. That is explained away by his subsequent Mr. SENEY. Why would it no-t be a good move to s.end it there letter, showing the mis:~.pprehension upon his pa.rt as to tllc relations now? which obtained between Ward and the Department. Mr. BRECKINRIDGE, of Arkansas. I will say to. the gentlem ::~.n, ~1r. SENEY. What is the difficulty in the:'" y of sending the case if my colleague will allow me-- to the Court of Claims? 1\lr. ROGERS. B.eforeiyield to my colleague, let me saythere.i¬ Mr. ROGERS~ This last letter of Judge Caldwell explaining the a particle of dispute betwem Colonel Ward and the Department on case was addressed to me after I came to Congress; ten years after the this bill. tran&'lction took place. There is no question a.s to the amormt. The hooks con-espond. ex.- 1\lr. LANHAM. Judge Caldwell d

Mr. SENEY. Now1 it occur& to me that this is exactly the case to The CHAIR~IAN . If there be no objection, the Senate bill-- go to the Court of Claims, where that dispute between him and the Mr. BUCHANAN. TheTe is objection until I kn.o more abon.t this accounting officers of the Trea.sury could be settled. case, although I do not wish to take the time of the committee. 1\Ir. BRECKINRIDGE~ of Arkansa . I will say to my friend from ~fr . HOLMAN. I am anxious to see the form of one of those re- Obio that I think he is in error as to any dispute existing between ceipts. I have had enough. experience in. tho Claims Committee to Colonel Ward and the accounting officers of the Treasury. There is no know that the~ are- neces..~ily largely e:D parte. dispute. Mr.. LANHAM. I think that was not th-e cn.se here. While this matter isoutsideofmyimmediatedistrict, yetthecla.im.- Mr: HOLMAN. I think it is important to know what construction ant is an old-acquaintance ofmine, and I understand very well about this claimant himse-lf put upon iheeontract a-fter the time the letter his business and I have looked carefully into this claim. There is no of Judg~ Caldwell was written.. dispute about the amount. There i no dispute as to the facts set forth It is said that the money was received nuder protest during those in the contract and np dispute as to the amount in this report and bill se\en yeal'!3. I should be glad to see the receipt. It must be a.n over­ that Colonel Ward claims from the Department at all, none whn.tever. sight on the part of the committee, becanse the form of the: receipt of The dispute was in reference to the first recommendation of Judge course enters very largely into this transaction. Caldwell that 50 cents was adequate for the prisoners as an entirety. I wish to add a single wmrd t()whatlsaidon tbatpoin~. The duties Now, when Judge Caldwell found that the Government had taken all of Judge Caldwell were clear enough. All gentlemen understand ex­ the prisoners th~ t labored away from Colonel Ward, he then wrote the actly his relations to this contract. All gentlemen understand distinctly second letter set forth in the report, stating that the contract p:rice w~ to what he had to certify to enable the settlement of accounts from his not excessive. for the character of the prisoners left with the licensees. comt. Judge Cald ell finding one fact omitted in that contract-any Hence there is no dispute- anywhere in the bill. reference whatever to the right of the Jessee to employ the fubor of He is now claiming 25 cents per day under the letter of the contract thO::.--e bo ere able to wo.rk-states in his lette:r that as to those who without regard to whether they had taken the long-term pri on~ away were not able to labor 75 cents was a rea onable ptice to have been from him or not, and leaving him only those unfit for labor; and the paid by the Government, but as to those who were employed by the court, on a review of the question, revoked the: previous recommenda- lessee, 5() cents was reasonable compensatioll. tion and said the contract price should be allowed. That was the statement of Jndge Caldwell, if I understood the read- Mr. SENEY. A word in response to the gentleman from Arkansas. ing correctly. From that I infer that the persons who were not able It is apparent that there is some reaso"Q. why the Department did not to labor, if they were paid for on the basis of that letter, were paid for allow Mr. Ward the entire claim he made. It is conceded here that h~ a~ the rate of 75 cents per man. wanted 75 cents~ It is claimed, I believe, that he was entitled to th~t Mr. ROGERS~ But they were not. The rate was cutdown as to all. under the contract; bot the' accounting ofiicers of the Treasmy thought Mr. HOLMAN. Then I ask that the letter of Judge Caldwell be otherwise. · read a~ Mr. BRECKINRIDGE~ of Arkans..'\S. No.; I beg pardon; they diu Mr. ROGERS. The first letter or the second letter?' not think otherwise; not as to the contrae.t. That question w::ta not Mr. HOLMAN. The first letter~ The second lettru" simply says mised by the Department. what every judge wonld say in such a eas~that it as not his con- 1\Ir. SENEY. The; point I wish to make is simply this: There was tract; that be was simply bound by law to certify the account.'! of the some reason, whatever that reason may have been, why these account- expenses paid by the marshal within his district, or that came within ing officers of the• Government did not allow Mr. Ward his pay. I it by reason ofthe location of the penitentiary. 1888. • CONGRESSIONAL REOORD==-HOUSE. 6323 ·

The extract from the first let er of J ud~e Caldwell, which is printed partment of Justice, as well as the Senators then here from that State, in the foregoing report of the Committ-ee on Claims, was again read. had knowledge of Colonel Ward's protest against the actionofthe De­ :Mr. HOLMAN. That is the way I stated it. Now, the fact does partment from time to time during this entire transaction. The cor­ not appear here whether or no the accounts were settled upon the basis respondence is on file and was furnished to the committee. there stated, but it is fair to presume that they were, and, if so, those Mr. HOLMAN. Has my friend any statement from the Depart-ment persons who were able to labor were employed in labor-- of Justice or elsewhere as to the number of prisoners i,nprisoned at ::Mr. ROGERS. Will the gentleman permit me to interrupt him? this prison during the term of this con tract who were able to work and Mr. HOLMAN. Certainly. did work, and the number who did not work? ?lfr. ROGERS. I state emphatically that they were not settled on Mr. R.OGERS. No, sir; and that is not material, beeause all the long­ that basis, and the Treasury Department does not pretend that they term prisoners were sent away; and as to the others the allowance to Col­ were. · onel Ward was cut down to 50 cents a day. The Government never paid Ur. HOLMAN. Why not? more than 50 cents, that being all that Judge Caldwell thought ought 1\Ir. ROGERS. Judge Caldwell's letter states all that I know about to be paid. the re.o'\80n. They were all paid for at 50 cents a day, those not sen­ Mr. B.RECKINRIDGE, of Arkansas. Wecanciteconclusiveevidence tenced to hard labor as well as the others, in violation of the specific on that point. These transactions relate to what transpired after the terms of the contract. first letter of Judge Caldwell; and my colleague [Mr. Rc{)GERS] can cite .1\I.r. LANHAM:. In the original contract entered into between the the orders of the Department immediately after this first letter, taking lessees of the penitentiary and the .Attorney-General of the United away all these profitable prisoners. States there was nothing said as to long-term or short-term prisoneiS, Mr. ROGERS. These documents are in the record. but it was provided that they should take all prisoners-- Mr. BRECKINRIDGE, of Arkansas~ It also appears that if the Ur. HOL1\1AN (interrupting). I have already said that all of that Government had left the profitable prisoners there Colonel Ward would was omitted. That was the basis on which the judge made his state­ have been perfectly satisfied to have taken 50 cents a day for each ment, in conflict with the terms of the contract itself, that 50 cents prisoner as compensation for the entire time, but immediately after this per head was a reasonable payment for those who could labor, upon first letter the Government, as shown by the orders which are in evi­ the idea that in addition to the compensation paid by the Government dence, took away the profitable prisoners. Judge Caldwell's second letter states that after this action of the Government taking away all the lessee was obtaining the benefit of the la.bor of those men, which , , ·benefit ought to inure not to the advantage of the lessee, but to the the profitable prisoners, the recommendation that he made did not advantage of the United States. apply. Now, does my friend think it a proper thing, after a judge has passed Mr. WHITE, of New York. Mr. Chairman, I wish to say just one upon the subject with the whole matter under his eye, charged with word on the general principle which seems to cover this case. In my this duty, familiar with the contract, and bound to know the terms of view it is against the dignity of the United States to keep a citizen the contract he was writing about-does my frrend think it i'3 a proper year after year out of his money due upon a contract, when there is no thing to ask this Honse to revise the judge's action? ' allegation of fraud, simply because the Government has the physical 1\lr. BUCHANAN. If the gentleman will permit me, was not the power thus to hang up a just claim through the action of au account­ contract executed subject to the l::l.ws of the land, and did not those ing officer. If the circumstances were reversed, the same Department la.ws require the judge to approve the accounts? of Justice would sell the man's propertyaudcompelhim to make pay­ Mr. HOLMAN. Oh, of cotirse. ment. Let this country do justice to the citizen whose case is sub­ Mr. LANHAM. Let me read what the judge says about that: mitted to itssovereign will, just as it exacts justice from him when it It is need less for me to say that I have no power to mal::e a contract with Col­ has the sovereign power to do so. This is a prfuciple which should onel Ward on this subject, or to revoke or modify any contract he had made govern all cases of this kind in the absence of any fraud. [Cries of wilh the Department, and I never assumed to do so. · " Vote ! " " Vote ! " Now, the contract makes this stipulation: :M.r. LANH.Al\1. I ask unanimous consent that the debate on the The said parties of the first part shall and will safely l::eep, subsist-, and clothe pending claim be now closed. and furnish the necessary medical at-tendance and medicine for all snch persons 11r. HOLMAN. I can not consent to that at this moment, though ns may be sent t-o the said penitentiary of the St.ate of Arkansas for the district of I would be glad to accommodate my friend from Texas. In reference Louisiana., and the said party of the second part doth lfereby covenant and agree on her part that she will well and truly pay to the said parties of the sec­ to the remarks ofthe gentleman from New York [M.r. WHITE], I will ond part the sum of 75 cents per day for ench and every person so safely kept, say we have heard that same speech in other cases. subsisted, etc. Mr. WHITE~ of New York. It is a good one. Mr. HOLUA.N. The terms of the contract have been repeated over Mr. HOLMAN. When my friend from New York shall have served and over again, and I am obliged to my friend for repeating them now; here half the length of time which I have served upon the Committee but I do not think that the individual members of this House shonld on Claims of this House, he will modify very much his views in regard be placed in the position that this places them in. I do not believe, to matters of this kind. for instance, that my fr!end in front of me [M:r. GLASs] should be Now, let me say that this case was within the jurisdiction of the called upon by his own silence-that silence being affirmative in this Court of Claims from the beginning. Of course all gentlemen know that. case-to overrule the decisitfu of the judge who decided this matter Mr. ROGERS. I do not. with all the facts before him. It is an unpleasant position in which Ur. HOL11AN. It has been within the jurisdiction of the court ever to place any member on this floor. That is all I have to say about it. since its organization in 1863. 1\Ir. WHITE, of New York. Is there any allegation of fraud any­ Mr. SENEY. Do you mean under the general law? where in reference to this contract? lli. HOLMAN. I mean under the general law. W:Qen the court l\Ir. HOLMAN. Of course not. was first organized, in 1853 or 1854., no final judgment could be rendered; :Mr. WHITE, of New York. Well, if the situation were reversed, but when the court was given jurisdiction of claims arising under con­ if I\ir. Ward had failed to keep his contract, and the matter were tract, parties in cases of this kind were entitled to their day in court brought before the judge presiding in his court, would he not have under the law. But there are two reasons, I imagine, why this case compelled l\Ir. Ward to pay the utmost farthing? was not presented. to the court. One was that these receipts were signed Mr. HOLMAN. l\Iy friend from New York differs with Judge Cald- from time to time during this period of seven years, and were receipts we11 . in full. Mr. WHITE, ofNewYork. No, sir. :Mr. BRECKINRIDGE, of Arkansas. Oh, no. Mr. HOLMAN. Then, if he does not differ with him-- lli. ROGERS. That is not the fact. I have so stated to my friend Mr. ROGERS (interposing). Oh, M.r. Chairman, I do not think that over and over again. is a fair argument.. I do not think the gentleman from Indiana ought Mr. HOLMAN. How does it happen that all the facts do not appear to pot the case in that way. It is not a judicial question. It was not on the face of these papers? a question that the judge had entered into except upon the face ofthe ?!Ir. ROGERS. Why, ?tir. Speaker, if I had published all this cor­ papers. He saw that 75 cents was charged for these prisoners, and he respondence it would have made a book. I have set out every sub­ sat down, and, under the authority given him to approve or disapprove stantial fact; but if all the correspondence, embracing all the long let­ these accounts, simply cut down the accounts arbitrarily without a hear­ ters which passed between the Depa.."tment and Colonel Ward, had been ing. That is all ther~ was about it. Then theaccountsweresenthere printed he1·e the report would have been so long that it would have to the Department, and upon that simple statement the Department of taken all night to read it. I have read e>ery line of the correspond­ Justice -n:ent beyond what the judge had done and deprived M::r. Ward ence; and I state here· now that the letters of Colonel Ward were the not only of the short-term prisoners and those who were not required to strtm~est possible appeals that the Government should observe itr.l con­ laoor at all, but also of the long-term nrisoners whom he had a right to tract and keep faith with its citizens. But he got no relief. I do not work under their sentences. - think my friend from Indiana ought to undertake to question state­ Now, there can I!Ot be any doubt at aU that, when this contract was ments which I make over and over again as a matter of fact, and the entered into, everybody knew the circumstances in regard to these evidence of which has been before the Committee on Claims in writing, prisoners being sentenced to labor. There is another fact which I can copies of all the documents haYing been sent to the committee by the state from information furnished me by the Department of Justice, Department of Justice. that from the very beginning, as shown in this correspondence, the De- Mr. HOLMAN. I wis~ to inguire whether the papers in this case

• • -,

63:24 CONGRESSIONAL RECORD--HOUSE. ' JULY. 14,

are at the desk or on file. .AJ;; I was remarking, receipts were no doubt Department; that said Gettslich bad been a. customs officer for twenty-two years and said :Miller had been for eight years, and IJoth were r •pre ~ntcd --as given during the seven years, and these a.ccounts were examined from being very fa.miliar with their duties; and said collector states under oath that year to year during that time. I assume that the judge who passed be was advised that the retention of these two officers, thus experienced, was a. upon these accounts was more familiar with the facts than I am. I necessity; and, moreover, that the avowed policy of the Government was against the removal of officers unless charges were preferred and substantiated should have been very glad to have seen those receipts. If receipts against them; and that for these reasons, although he was desirous of substi­ were not given, or if payment was received under protest, which ap­ tuting other persons better known to him in t.heir places, yet he was constra ined peared on the face of the papers, the Court of Claims was open to this to keep said Gettslicb and Miller in office. It further appears that after said .JohnS. Braxton took pm;session of his s1id claimant all the time. [Cries of" Vote!" "Vote!"] · office and entf!red upon his duties as collector, the said Gettslicb and Miller The question being taken on laying the bill aside to be reported to were guilty of taking from the public funds collected in said collector's office, . tl1e House with the recommendation that it do pass, it was decided in and for which said John S. Braxton was re3ponsible, the sum of $1,553.76, $778.50 of which was wrongfully and fraudulently applied by them in the pay­ the affirmative-ayes 39, noes 6. ment of the salaries of certain light-bouse keepers, which accrued during the Mr. HOLM:AN. I do not intend to raise the point of no quorum in­ incumbency in office of Luther Lee, jt·., the predecessor of said .John . Brax­ asmuch as the House seems to be so unanimous. ton in said collector's office· and the balance was applied to their own use. As soon as the said .JohnS. Braxton discovered the wl'Ongful taking and em­ So the bill was laid aside to be reported to the House with the rec- bezzlement of this money, he deducted from the $1,553.76 taken the sum of ommendation that it do pass. · $221.36, which was due to the said Gettslich and Miller on their salaries, and at The CHAIRMAN. The House bill will be reported to the House once placed the sum of $1,332.40, the remainder of the sum embezzled and wrongfully taken by them, in bank. to the credit of the United States, out of his with the recommendation that it be laid on the table. own private funds. The evidence clearly shows that of the amount wron!!i'ully JOHN J. BROWN. taken by the said Gettslicb and Miller from the funds collected by the saicfJohn S. Braxton, and for which he was responsible, $778.50was taken and wrongfully The next business on the Private Calendar was the bill (H. R. 21) and fraudulently applied in payment of the salaries of light-bouse keepers, which had accrued during the incumbency of the said Luther Lee, jr., and for for the relief of John J. Brown. the payment of which funds had been previously furnished by the United The bill was read. States to him, the said Luther Lee,jr., but which had not been applied by him The CHA.IRM.A.N. The Chair will state under the order of the for that purpose. Instead of using the money furnished for the payment of these salaries, over­ House bills only are to be considered which are not objected to. The drawn checks were issued by the said Gettslicb, as special deputy, and after the Clerk will read the report, subject to objection. said .JohnS. Braxton became the collector, funds collected under him and for Mr. ENLOE. If we read every report through it will take up much which be was responsible, were taken by snidGettslicb and Miller, and fraudu­ lently applied in payment of said overdrawn checks, and of the salaries of said more time than by making a statement of the fact:B. · light-house keepers, as before stated. This amount, therefore, of SnB.50, the Mr. KILGORE. To save all further expenditure of time unneces­ committee are of the opinion was wrongfully and fraudulently applied in pay­ sarily I will object, Mr. Chairman, to taking up tbis case. ment of salaries for which the United States Government 'vas responsible, and that the same should be refunded to the said Braxton, and the amount recovered JOHN S. BRAXTON. from the sureties of the said Lee on his official bond. 1 As to the balance of the said sum of $1,553.76 taken by said Gettslicb and The next business on the Private Calendar was the bill (H. R. 613) Miller, amounting to the sum of $553.90, it is claimed by the said JohnS. Brax­ for the relief John S. Braxton. · ton that he is not liable for the wrongful acts of the said Gettslicb and Miller, his subordinates; and for the reason that he does not appoint them, but that he The bill was read, as follows: only nominates and the Secretary of t.he 'l'reasury appoints his deputies and Be it enacted, tic., That the Secretary of the Treasury be, and he is hereby, au· other subordinates and removes them at pleasure. Said Braxton further claims thorized and directed to pay to the. personal representatives of JohnS. Braxton, that even if liable in ordinary cases for the acts of his subordinates, he should late c.9llector of customs at Norfolk, in the State of Virginia, out of any moneys not be in this case, for the reason, as be sweara, that ;he wanted to sub titute in the Treasury not otherwise appropriated, the sum of 81,332.40, wrongfully other officers who were better known to him in place of said Gettslicb and taken by subordinates in his office, and the larger part of the same misapplied 1\llller; but because of their high standing in the Department, their long experi­ in payment of light-bouse keepers, whose salaries should have been paid by his ence in the customs service, and the civil service rules as to the changes of offi­ predecessor, and for which the United States were liable, the said Braxton not cers, he was constrained to keep them in office against his own judgment and having been at fault in the matter. wishes. . SEo. 2. That the Secretary of the Treasury be, and is hereby, directed to cause It appears that through the diligence and earnest efforts of Braxton in hunt­ suit to be iustituted against the sureties of Luther Lee, jr., the predecessor of ing up the wrongs and frauds committed in said collector's office under the ad­ said .John S. Braxton, upon his official bond as disbursing agent of the United ministration of it by the said Luther Lee, jr., his predecessor, the Government States or otherwise, if, in his opinion, such suit would be availing to recover has recovered judgment against Lee's sureties for $13,948.35, which, but for his any moneys taken f1·om his successor and wrongfully misapplied in payment of efforts, would have been a loss to the Government. And your committee, re­ his delinquencies or defalcations. lying upon the truth of these statements, and believing that said .JohnS. Brax­ ton bas not been guilty of any want of care and prudence, of any negligence or Mr. BOWDEN. I call up that case and ask for its consideration. wrong on his part, but, on the contrary, has shown himself to be an honest The CHAIRUAN. Is there objection? faithful, and diligent officer, after a. careful considet·ation of o.ll the facts and circumstances, and without determining the question whether col!ectord of cus­ Mr. McMILLIN. Read the report of the committee. toms are legally liable for the wrongful acts of their subordinates when not at Mr. LANHAM. This report is a long one, much of it being in small fault themselves or not, are of the opinion that it is but au act of justice to 1\:lr. type, and if any gentleman contemplates objecting to the bill it had Braxton that he should be relieved from loss in this matter, and that the saH sum of $1,332.40, which was wrongfully taken by Lhe said 1\Iiller and Gettslicb, better be done at once. and which, to save his own good name from suspicion, he at once, on discovery Mr. McMILLIN. To avoid the necessity of objection, I ask for the of the fraud and the amount taken, deposited in bank to the credit of the Gov­ reading of the report. ernment, should be refunded to him ; and for that purpose the committee re­ Ur. BOWDEN. I can state the facts in the case in a minute. port the accompanying bill and recommend its passage. The CHAIRMAN. The gentleman will proceed, subject to the right The CHAIRMAN. Is there objection to the consideration of the to object. \ bill now before the committee? [After a pause.] The Chair hears Mr. McMILLIN. I dislike to seem to be captious, but here is a none. -claim where it is proposed to pay back to an officer money either stolen Mr. McMILLIN. I do not object to the consideration of the bill, or squandered by his subordinates. I think the facts should be clearly but it seems to me there is no just ground stated to relieve this officer shown to authorize such repayment. F9r the purpose of getting at the from the loss incurred by the acts of his subordinates. It seems this facts I ask for the reading of the report of the committee. officer-- , M:r. BOWDEN. Of course, if the reading of the report is insisted Mr. KILGORE. Do I understand the Chair to say it is too late for upon, it is not necessary I should make any statement. me to object to the consideration of the bill? I understood the read­ • The fact is, the bill has already passed the House twice and the Sen­ ing of the report was called for, and that it was read subject to ob­ ate once, but it never became the law. When Mr. Braxton was ap­ jection. pointed collector of customs at Norfolk, Va., in 1877-- The CHAIRMAN. The report was read; after which the Chair asked .A. MEMBER- Has the reading of the report been dispensed with? for objection, and there was no objection. The CH.A.IRl\I.A.N. It has not. Mr. KILGORE. I understoQ.d the gentleman from Tennessee [Mr. .A. MEMBER. Then I will insist upon it. McMILLIN] rose to make objection, or I should have done so. Mr. BOWDE~. Ifthereport of the committee is to be read I will Mr. LANHAM. The Chair asked for objection and there was none. not insist on making any further statement. Mr. McMILLIN. This officer does not claim he made any effort to The report(by Mr. BOWDEN) was read, as follows: discharge these subordinates. I noticed that part of the report par­ The Committee on Claims, to whom was referred the bill for the relief of .John ticularly where it is worded with painstaking care. It does not ap­ S. Braxton, late collector of customs at Norfolk, Va., for the reimbursement of pear there was any effort on the part of this officer to get rid of these the sum of ,,.1,332.40, paid by him to cover alleged defalcation by subordinate subordinates. It was suggested he was constrained to keep them by officials in his office, having had the same under consideration, beg leave to re­ port: reason of the fact of their long experience, and •it being stated they That having inquired into the facts, and finding that the matter bad been re· were essential to the performance of the duties of the office. In my ported fa. vorably by the Committee on Claims of the Forty-fifth Congress, adopt judgment we should hold these officers to strict accountability, and to that report with slight modifications, as follows: . • • That it appears from the petition. of said collector, which is under oath. and the exercise of due diligence and proper control over their subordi­ from other affidavits and papers presented to the committee, that said JohnS. nates. Therefore, so far as I am concerned, I am constrained to op­ Braxton wa.s appointed collector of customs at Norfolk, Va., in February, 1877; pose the bill. that he found in said office when he took possession of the same and entered upon his dqties Charles E. Gettslicb, deputy collector and clerk, and Henry Mr. BOWDEN. I will state for the information of the gentleman l\Iiller, warehouse a.nd entry clerk; that these were responsible positions, by that in drawing the report-- virtue of which these officers bad Yirtual custody of the funds appertaining to 1\fr. McMILLIN. If the gentleman will yield to me for a moment, said office, receiving the cash, depositing it, etc. It further appears that the reputation of said Gettslicb and Miller for honesty, it is also stated by a gentleman near me, as a matter bearing upon this Integrity, and efficiency as officers was high in the community as well as at the question, that there is nothing from the Treasury Department show-

• •

'' ' • . ' .

1888. CONGRESSIONAL RECORD-HOUSE. 6325

ing that it assumed the responsibility for the retention of these men Mr. BRECKINRIDGE, of Kentucky. I do not mean to criticise or recommended the appointment. either gentleman-either the gentleman from Texas or the gentleman Mr. BOWDEN. I was just going to say, Mr. Chairman, that in from New Jersey. drawing the report I used a former report, :which, inadvertently I pre­ Mr. BUCHANAN. I understand that. sume, omitted the point to which attention has been called here, and Mr. BRECKINRIDGE, of kentucky. I only wanted to insist, in it escaped my observation at the time. view of the possible action upon other bills on the Calendar, that I So far as the papers are concerned it appears that Colonel Braxton hope t.he gentlemen will satisfy their conscience by voting against the did ask the removal of these subordinates, and was refused at the De­ measure. . . partment. It seems that the facts came out in a month or so after his The CHAIRMAN. Is there objection to withdrawing the bill? appointment while organizing his office, and he suggested the appoint­ Mr. BRECKINRIDGE, of Kentucky. I do not want ~o object. f ment of other people and the displacement of these; and his efforts suc­ simply want to ask, if we can not all agree, that our consmences can be ceeded in unearthing the.c;e frauds, and also in securing the conviction satisfied by voting against any bill that we do not approve without of these parties, one of whom was sent to jail and the other to the peni­ calling for a quorum. tentiary ior a term. Through hls efforts also the Government recovered ·Mr. BUCHANAN. I thought so. some $13,000 against the sureties of his predecessor, which was col­ Mr. BAKER, of New York. Regular order! • · lected. The CHAIRMAN. Is there objection tQ the request of the gentle­ Mr. COBB. To whom did he make the suggestion of the removal? man from Virginia [Mr. BOWDEN] that he be permitted to withdraw Mr. BOWDEN. To the Secretary of the Treasury. That comes out this bill? quite plainly in the testimony. There was no objection. · Mr. COBB. The repo_rt does not show it. The CHAIRMAN. The Chair will again call attention to the fact 1\ir. BOWDEN. No; I have just stated that I adopted a report that we are proceeding under an prder which forbids the consideration made in a former Congress, and through inadvertence that was left of any bill when objection is made to it. out. Mr. BYNUM. I rise to a parliamentary inquiry. The CHAIRMAN. The question is on the motion to lay the bill The CHAIRMAN. The gentleman will state it. aside with a favorable recommendation. Mr. BYNU.M:. The wording of the rule under which we are acting The question was taken; and on a division there were-ayes 27, does not say that bills shall be considered to the consideration of which noes 9. thete is no objection; it says "bills to which there is no objection." Mr. KILGORE. No quorum. Now, I submit that where there is serious opposition to a bill there is Mr. LANHAM. There is evidently no quorum in the Honse; and "objection" to it, and according to the spirit of the rule, at least, th:1t I appeal to my colleague not to insist upon the point. o~iection ought to carry the bill over. Mr. KILGORE. Why? Mr. LANHA1\f. That is not the construction that was intended to Mr. LANHAM. We are very axions to do some business to-night. be given to the order. Our Committee on Claims have been quite active and industrious dur­ The CHAIRM:AN. The Chair is clearly of opinion that there can ing this whole session of Congress, arid this is the very first opportu­ not be objection and consideration at the same time. There must be a nity for the consideration of any of the bills reported to this Congress time when the bill is presented for considemtion, and when that sta~e except such as have been reported and acted upon by unanimous con­ is reached the time for objection is past; so, after the reading of a bill sent. The great majority of those present have voted in favor of laying the Chair asks for objections, and then, if the reading of the report is this bill aside, and I hope my colleague will not insist upon his objec­ asked for, it is read subjecb to objection. tion, but satisfy himself with voting against the bill. Mr. BYNUM. The Chair calls for objection to the consideration of Mr. KILGORE. I suppose this is all out of order. the bill, but the order doesnotsaybills the consideration of which shall Mr. TIMOTHY J. CAMPBELL. I wish to add, further, that we be objected to; it says bills to which there is no objection, aud whenever have accommodated every member on the floor of the House who ap­ any objection is made by a member on the floor to a bill, I submit that~ peared before us with meritorious measures. The committee treated it is the duty of the Chair to rule that that bill does not come within them fairly and decently, and we have the right to expect the same the special order for this evening session. treatment. The CHAIRltiAN. The Clerk will again report the order under Ur. KILGORE. We are all out of order, but I wish to say this-­ which this session is held. The CHAIRMAN. Debate is only proceeding by unanimous con­ The Clerk again read the order as follows: sent. On motion of Mr. LANHAM, Mr. KILGORE. I want to say only this, that I have strong convic­ 01·dered, That a recess be taken to-morrow [Saturday] evening at 5 o'clock tions in this case that the Government is not liable for the amount until 8 o'clock p.m.; the evening session to be devoted exclusively to the con~ sideration of bills report-ed from the Committee on Claims to which there shall claimed, and, if that is my conviction, if every man in this Honse should be no- objection. · vote for it I could not satisfy my conviction by contenting myself with The CHAIRMAN. The gentleman from Indiana will see that the that fact and allowing the matter to pass. If every man voted for it it order speaks of the "consideration of bills to which there shall be no would be my duty to sustain what I believe to be right in opposing it. objection." The Clerk will report the nex~ bilL That is all I claim. Bypassing this bill we simply transfer the respon­ sibility on President Cleveland to veto it; and I am not willing to be· .JOHN J. COUGHLIN. come a party to such a proceeding as that. The next business upon the Private Calendar called up for considera­ Mr. POST. Would not a single objection have caused this bill to be tion (by :Mr. SHAW) was the bill (H. R. 5539) for the relief of John J. passed over? Coughlin. The CHAIRMAN. It would. The Chair thought the gentleman The bill was read, as follows: from Tennessee had risen for that purpose, as he states. Be it enacle

6326 CONGRESSIONAL RECORD-HOUSE. JULY 14,

That was the old rule, and had been the rule uninterruptedly for a repairs United States Capitol-from March 7,1883, to November30,1883, two hun· dred and twenty-nine and one-half days, at $1.25 per do.y, $2 6.87. great many years prior to the adoption of the present rules a few years WILLIAM :r.IcPYNCllEON, ago. When a case was reported-- Clerk, Architect's Cffiee, United States Capitol. :Mr. LANHAM (interposing). Mr. Chairman, I dislike to interrupt Mr. BRECKINRIDGE, of Kentuc1..-y. I do not like to· object, but my friend, but I must insist on the regular order. It is very interest­ this looks to me like a claim that ought not to be paid.. It is simply a ing to hear these historical statements, but our time is too limited. case like many. others where n. man goes into the service of the Gov­ Mr. HOLMAN. I would not have occupied near so much time as ernment at a certain definite mte of -compensation, is put upon the roll the gentleman himself has occupied. • at that rate, aecepts the employment and the pay, and then later comes The CHAIRMAN. Of course the a-ction of every member with ref­ in with n. claim for extra compensation. The manl as in this case, goes erence to any bill is a matter for his own conscience, but the time to upon the roll as a laborer, but gets an easier job in a certain sense, is ·- object is when the Chair asks whether there is objection to the con­ ou the roll for two hundred days, draws his pay for that time as a sideration of the bill. laborer under the contract, and then at a future time, because some­ Mr. HOLMAN. That was all that I was going to state, that the ob­ body else is surees fal in getting a bill through Congress giving him jection must be made at once, otberiVise no vote could be taken under _additional pay, comes and asks for $2.75 extra for each day hew· son such a rule as this. The matter is to be acted upon netn. con., unless the roll. It seems to me that this is not the sort of claim that ought objection is promptly made. [Cries of" Regular order!"] to be allowed. It is not a debt in any sen~e; it is a mere gratuity, and The report (by Mr. SHAw) was read, as follows: a gratuity upon false pretenses. Tho Committee on Claims, to whom was referred the bill (H. R. 5539) for the relief of John J. Coughlin, report as follows: . . Mr. SHAW. The· duty performed by this gentleman, as certified to That said .John J. Coughlin was employed by the Architect of the Capitol, by the Librarian of Congress, required a degree of intelligence such from March 6. 1883, to November 30, 1883, a.s a laborer at SL25 pe:r day; that he as is not often found among laborers. 1\Ir. Coughlin, it is true, was was assigned to duty under the Libmrian of Congress during this period of two hundred n,nd twenty-nine and one-half days, and engaged in a work :requir­ employed as a. "laborer" and put on the laborer's roll, but when be ing skilled and intelligent labor, in the cataloguing and ar:ra.ngin~ of news­ was so employed it as not contemplated that be should perform this papers published in the several States and Territories of the Unitea States, in special dut.y, and the evidence is that be did perform it intelligently England, France, Soain, Portugal, Switzerland, Belgium, Russia, Cuba, India, Egypt, China, Mexico, and the Central and South American states, constitut;.. and satisfactorily in eonnection with .Mr. Fay. Mr. Coughlin received ing a collection of rare historical value; that his pay was inadequate for tLe only laborer's pay, but Mr. Fay succeeded in getting $4 a day for the service rendered, and that he is entitled to a more equitable and just compensa- same service, though both men were performing like duty and were on tion. • During a portion of the time he was employed .J. B. Fay was associated with the same roll. The Librarian of Congress certifies that the work was him in the work, receiving pay as a laborer. That Congress, recognizing the intelligently and well done, and that Mr. Coughlin was entitled to more value of his {Fay's) services, appropriated in the sundry civil appropriation pay for it than he received. If the gentleman [1\Ir:. BRECKINRIDGE, bill approved July 7, 1884, the sum of $313.44, making the compensation of said of Kentucky] maintains, as I am sure he does not, that it is easier to Fay during the time he was employed 5-i per day. (See Statutes at Large, vol­ ume 23, pag-e 226.) work with the bead than with the hand, then in a certain sense it is Your committee belie>e that, in justice and right, said John .J. Coughlin true that Mr. Coughlin bad easier work than be would have had as a should be paid an equal sum with that received by J. B. Fay-at the rate of$4 per day--especially in view of the statement by the Librarian of Congress that laborer, but in another sense it was more difficult work, and such work said Coughlin rendered valuable seYvice and is justly entitled to more compen­ as an ordinary laborer could not have performed. sation than 1.25 per day, the pay of a laborer. Mr. BREC.KINRIDGE, of Kentucky. I have nQ doubt that every Your committee find that the difference of pay between $1.25 and $4 per day for 229! days amounts to the sum of $631.13, and recommend the passage of the statementoftbegentlemanfrom Maryland is accurate; butwhathesays accompanying bill, which provides for the payment of the same. only enforces the objection I have to claims of this kind. Each one of This bill was favorably :reported by the Committee on Claims for the Forty­ us knows that it is very common in all the Departments in Washing­ ninth Congress, and passed tile House, but failed to secure the approval of the ton for persons to be put on the laborers' roll when the work to be done Senate, as it was never reported to tlla.t body by the committee to which it was referred. by such pen:;ons is not properly laborers' work. This is a mode by The committee herewith append the statement of Hon. A. R. Spofford, Li­ which public employment is given to persons to do other work than brarian of Congress, as part of this report: that of laborers. Consequently at every session of Congress for many To Ote Senate and House of Repr~ntatives of tlle· years back (because these claims come up in accordance with some set· United States of America in Cong1·ess assembled: The petition of John J. Coughlin respectfully represents that he was placed tied precedent in former Congresses) these persons, who were anxious -upon the rolls of Edward Clark, esq., Architect of the Capitol. on the 7th day or to get employment and who contracted with the Government to do March, 1883, and assigned by him to duty under A. R. Sw1ford. esq., Librarian particular work to which they were assigned, and who received for it of Congress. '.rhat ss.id duty consisted in arranging, classifying, cataloguing, and placing tne pay which was promised to them, come in and plead that they are in the rooms prepared for them, under the rotunda, all the bound volumes of entitled to higher compensation because the service rendered by them newspapers wllich had accumulated in the State Department and been :recently was ()fa higher character. I say this is a bad precedent; and so far as turned over to said Librarian, comprising many newspapers commencing in the last century. and belonging to the several St-ates and Territories of the United · it bas become a precedent, it is one which is u more honored in the States to England, France, Spain, Portugal, Switzerland, Belgiam, Russia, breach than in the observance." Cuba, 'India, Egypt, China., and the Central and South American States and While this is a small claim, it is a very good claim upon which to Mexico, a collection of rare historical value. That said newspapers, files, books, and pamphlets would have been mate­ turn the lane. The saying has been that'' it is a long lane which bas rially damaged if allowed to long remain in ·the immense heaps in which they no turning.'' Almost all these claims have heretofore been passed by were piled upon the floors er pray. JOliN J. COUGHLIN, Pt!titioner. SUFFERERS BY WRECK OF STEA.MEB TALLAPOOSA.

J"ohn ;r. Coughlin in account with A. R. Spofford, esq, Librarian of Congress. The next business on the Calendar reported from the Committee on By work performed, arranging, classifying, and cataloguing the bound vol­ Claims (called up by Mr. McKINNEY) was the bill (H. R. 438) for the umes of newspapers in Congressional Library, from March 6, 1883, to November reliefofthesuiferers by the wreck oftbe United States steamer Talla­ 30,1883: . poosa. Mr. McKINNEY. I ask unanimous consent that the Senate bill on ~:;tc~:l?e~~e~~~dsl.25 ·i?e~ ·d.~;.,·.::::::·.·::.:·:.:·.:::::·:::::::.:·.:::·:.:·:.·:.:·::::.:·:.:·::::.·.::::: s~~: ~ this subject, which is similar, be considered in lieu of the House bill. Balanced ue your petitioner...... 631.13 :Mr. TIMOTHY J. CA~fPBELL. To facilimte business, I will state .JOHN J. COUGHLIN. that the Senate bill as well as the House bill was considered carefully in the Committee on Claims, and it was· decided to substitute the Sen­ LIBRARY OF CONGRESS, Washington, April 2, 1886. ate bill. This will certify that the services of Mr. John J. Coughlin were employed for The CHAIRMAN. If there be no objection, the Committee of tlJe several weeks in "the fiscal year 1883-'84 in arranging several thousand volumes of newspapers, which it became necessary to remov-e and arrange in the Li­ Whole will consider the Senate bill in lien of the House bill. brary of Congress, in an emergency requiring promnt transfer. The work There was no objection. invo.lved skilled and intelligent labor, but Mr. Coughlin received only day Senate bill 869, for the relief of the sufferers by the wreck of the laborer's wages, and was justly entitled to more. Very respectfully, United States steamer Tallapoosa, was read, as f{)llows: A. R. SPOFFORD, Be it enacted, etc., That to reimburse the sn:rvivol's of the office:rs and crew ot LWrarian of Congress. tho United States steamer Tallapoosa, wrecked a.t Vineyard Sound on the night of the 21st of August, 1884, fo:r t.be losses incurred by them, re pectively, in sa.id ARCJIITECT'S OFFICE, UNITED ST~TES CAPiTOL, wreck, there shall be paid, out of o.ny money in the Treasury of the United Washington, D. 0., .Aprill5, 1888. States not otherwise appropt•iated, the following sums, namely: To .John F. I hereby certify that John J. Coughlin was employed as laborer on the annual Merry, lieutenant-collliil11.nder; William H. .Everett, lieutenant; Frank ~. I

1888. CONGRESSIONAL RECORD-· HOUSE. 6327

Beatty. lieutenant. junior grade: Nathan P. Towne. vassedassistantengineer; o'clock on the night of August 21, 1884, in Vineyard Sound. The officers were W. B. 'Vhittlesey, ensign; 0. C. Tiffany, passed assistant paymaster, each 1,000. fully exonerated from any charge of carelessness or negligence, as will be To Hugh Kuhl, mate; James W. Baxter, mate; L. B. Gallagher, mate: Leonard readily seen by a careful perusal of the following communication from the Navy Ht~.nscom, carpenter; James Bishop, jr., pay-clerk; Thomas B. Kramer, apoth­ Department, which gives the findings of the board of inquiry convened to in­ ecary, ea~h $-;"00. To Lieut. W. H. Jaques, for loss of portion of naval uniform, vestigate the loss of that vessel, and in which is also expressed the opinion of including epaulettes, sword, sword-belt, sword-knot, etc., $115. the Department on the report of said board: To all the survivors of the crew, namely: Joseph Arnold, firs~class fireman; '''The findings of the court of inquiry, consisting of Captains D. B. Har­ William A. Brooks, landsman; J. G. B -ker, blacksmith; Cha.rles E. Brown, mony, R. F. Bradford, and F. M. Bunce, concerning the coll.ision between the steward to commander-in-chief; John W. Brown, jack-of.:the-dust; Thomas naval steamer Tallapoosa. and the schooner James S. Loweil, were in substance Brooks, coal-heaver; 'Villiam R. Burke; bayman; Moses G. Berry, second-class as follows: machinist; James E. Booth, coal-beaver; :Moses H. Baker, wardroom steward; ''That on the night of the 2lst of August, 1884, about 11 p.m., the Tallapoosa Smith Berry, landsman; Albert Beyer, ordinary seaman; John C. Conway, was on her way from Boston to -ewport, R.I., oft' East Chop light in Vi!l eyard ship's corporal; 'ViUiam H. Christ-ian, ordinary seaman; Charles G. Carlson, Sound, steering her course by the lights; the navigating officer, the ollicer of carpenter's mate; John Carter, ordinary seaman; Charles H. Coates, landsman; the deck, and the commanding officer being on deck, the latter personally in Timothy J. Campbell, coal-heaver; Thomas Condon, coal-h~a.ver; George E. charge of the conduct of tlle vessel; that the sky was clear, with a haze about Dodge, lanqsman; John It'. Dugan, quartermaster: 'Villiam Dinning, first-class the horizon, and a strong breeze blowing from the southwest; the tide flood fireman; Clarence D. Dronenburg, coa.l-heaver;J>eter Duffy, first-class fireman; setting to the eastward, from 1 to H knots an hour; the Tallapoosa. steaming Robert H. Dickinson, cabin steward; William E. Denmore,landsman; Joshua. again t wind and tide, making about 8t knots over the ground ; that when Davis, landsman; James D'Arcy, ordinary seaman; Edwin Delph, ordinary entering the channel between the Hedge Fence and Squash Meadow Shoals, seaman; James Dalhanty, second-class fireman; Patrick Eagan, firs~lass at the point between buoys about 11- miles in width, the schooner Lowell was fireman; Denis Faley, landsman; John Fowler, ship's yeoman; Charles F. Fu­ reported one and a half to two points on the starboard bow; that the Lowell gett, second-class fi;eman; Charles Har, ordinary seaman; David Harrington, was of 700 tons, laden with coal; was moving at a speed of about 9 knots first-class fireman; John Hughes, boatswain's mate; Thomas Hubert, ship's through the water and 10 over the ground, and in about three minutes the ves­ cook; Thomas Howell, first-class fireman; Alexander Hutton, first-class fire­ sels were in collision; the Tallapoosa. was sunk and the Lowell badly damaged; man; Daniel W. Hickman, cook to commander-in-chief; Benson Humphreys, that on sighting the lights of the schooner t11e steamer's helm was put to star­ coal-heavel'; Andrew Hahn. chief quartermaster; Gustaf Huldt, selllll8.n; John board and the steamer sLeadied when she bad fallen off about three-quarters of Jones, ship's writer; Jacob Jacobson, seaman; RichardH.Johnson,landsman; a point; that constant watch was kept upon the schooner's lights, and suddenly William E.-Jones, landsman; \Villiam Johnson, ordinary seaman; James F. the green light disappeared and only the red could be seen; that the steamer's Kelley, landsman; William G. Kidd,lamplighter; John J. C. Koch, seaman; helm was then put hard to starboard, her whistle blown twice and then sounded Patrick H. Kane, coal-heaver; John Kinnoe, ordinary seaman; George H. Lee, repeatedly, but her speed was retained; that she was struck by the schooner landsman; Fillmore Lewis, ordinary seaman; Daniel Lane, landsman; Andrew about 40 feet from the bow,on the starboard side, at an angle of from 30° to 700 A. Lund, seaman; James Letford, coal-heaver; John Leonard, coal-heaver; with the line of the keel from the bow; that the schooner on sighting the lights Jacob ,V. Leer, pay yeoman; Thomas Murphy captain or forecastle; John 1\Ic­ of the steamer one-half point on the port bow, as seen from leeward under the Vennott, captain of hold; Frank McMurray, first-class fireman; John W. Ma,. sails, kept her course until the green light of the steamer was seen, then put her gee, second-class man; William Middleton, steerage steward; Da.niel McCarthy, helm to port and struck the steamer, as described; that the evidence that the coxswain; Patrick Morgan. captain of after-guard; James 1\Ic~ann, coal-heaver; red light of the steamer was seen by the schooner's people soon after her mast­ Jacob Miller, landsman: Jules 1\IcLean, ordinary seaman; Felix 1\Iackinsten, head light was disregarded by the court, as the relative positions of the two ordinary seaman; Michael O'Neil, second-class fireman; Timothy O'Reilly, vessels, as established by .each of them, would render it impossible for the first-class machinist; Peter Oster.sen, chief gunner's mate; August Ohlinsen, red light of the steamer to be at any time visible from the schooner; that the master-at-arms; Patrick O'Brien, second-class fireman; Arthur O'Brien, coal­ steamer did all that she was able to do in her position to avoid the collision, heaver; Joseph Pad more, ordinary seaman; Marshall Parker, landsman; John and complied wnh the law in every and all respects, as she was in the direct H. Palmer, cabin cook; James H. Richmond, painter; Horace Riley, ship's bar­ course of the schooner when she first sighted her, and that the schooner, when ber; WilliamJ.Redinmak.er,seaman; William E.Rockett,landsman; George she saw the green light of the steamer, instead of holding her course, did, by C. Rees, ordinary seaman; Frank Sherman, ordinary seaman: Fred. Scharff, putting her helm to port and altering her course, ·dolate section 4233, Revised bugler; JamesO. Smallwood,first-class fireman; Amandas Stranb,chiefboat­ Statutes (rules 23 and 2·!), for preventing collisions. The court is of the opinion, swain's mate; Edward Shanklin, coal-heaver; Alex. H. Sewell, quartermaster; therefore, that the blame for the collision rests with the schooner. The court is Frank Small, seaman; Henry K. Steever, first-class machinist; Charles F. Scott, glad to add the fact that every effort was made by the people of both vessels coxswain to commander-in-chief; Patrick Sweeney, captain of forecastle; Ed­ to save life. ward Small, landsman; J.D. Skidmore, landsman; Christian A. Simon, lands­ "• The Navy Department approYed the• findmgs above referred to, not rely­ man; Frank Sullivan. landsman ; Peter Thempson. cox-swain ; George Tinker, ing alone on the testimony of the officers and crew of the Tallapoosa, that they steerage cook; John Thompson, seaman ; Herbert S. Trueman, captain of after­ saw the schooner change her course and that her sails were actually shaking guard : Clarence D. Tippitt, second-class fireman; Daniel Tinsley, landsman; when she struck, and that therefore she caused the collision, but basing its ap­ Jan C. Tinnman, ordinary sea.man; James Taylor, seaman; William J. Turner, proval also upon the admissions in the testimony of the witnesses on the coal-heaver; Samuel W. \Vells, engineer's yeoman; Isaac Williams, coal-heaver; schooner. Master Reed, of the Lowell, testified that before the vessels came Murray Williams, coal-heaver; Fred. Williams, landsman; Andrew White, together he ordered the helm hard down. Being; asked why he gave this man­ wardroom cook; Charles Williams, ordina.l'y seaman; Oscar W esterholm, sea­ ifestly wrong order, he answered, absurdly, that it was because the steamer man; HenryH. Walker,fust-classmac~ist, eachSlOO. had shown her green light, from which fact he inferred that she had star boarded SEc. 2. That the widow, child, or children, or in case there be not such, then her helm. Being asked why he did not, therefore, if he took the responsibility the parent or parents, and if there be no parents, the bt"ot.hers and sisters of those of changing his course, put his helm bard up instead of luffing directly into the in the service who were lost in the wreck of the United States steamer- Talla­ steamer, he gave no reason, except that his impreEsion was that 'hardnp' or poosa, namely, Cla.rence E. Black, passed assistant surgeon; William O'Donnell, 'hard to st rboat:d' would cause the schoonen to strike the steamer amidships, se·aman; George A. Foster, landsman. shall be entitled to and shall receive, out instead orforward, near the bow, when both vessels would go down. The boy of any money in the Treasury of the United States not otherwise appropriated, at the wheel, twenty years of age, also testified that the captain gave him t.he as follows, to wit: 'l'he relatives in the ordet: named, of the persons connected order to put the helm hard down, and that he gave her a couple of spokes. with the United States steamer Tallapoosa hereinbefore referred to, a sum equal "The statement made and signed by the captain the second morning after th

DAKIEL BOND. In view of the foregoing facts your committee recommend that the bill be amended by striking out ali that appears in lines 7, 8, 9, and 10, after the termina­ The next busine.!tl on the Private Calendar reported from the Com­ tion of the word ·• dollars," in tine 7, and a.lso the letter "r" wherever it occurs mittee on Claims (c.:1.1led up by Mr. GLA.SS) was the bill (H. R. 5853) in the surname of the claimant and th!\t the bill as t-hus amended do pas9. for the relief of Daniel Bond. The CHAIRMAN. Is there objection to the consideration of this The bill was read, as follows: bill? Be it cnaclecl, elc., Tb:.t the Secretary of the Treasury be, and he here by is, au­ 1\Ir: KILGORE. I am inclined to object, but before uoing so I would thorized and directed to pay to Daniel Bond, of Brownsville, Tenn .• the sum of like to inquire why this payment was not provided for in some defi­ ~61.80, out of any money in the '£r.easury not otherwise appropriated, on ac­ count of the robbing of the post-office at Brownsville, Tenn., of the above sum ciency bill passed by Congress heretofore. accruing from the sale of postal stamps. - Mr. McMILLIN. I do not know why it bas not been done. All I The report (by 1\Ir. FRENCH) was as follows: know concerning the case is that Secretary Bayard has stated that it is The CommiLtce on Claims, to whom was referred the bill (H. R. 5853) for the proper the claim be paid; that both before and after_the year for which relief of Daniel Bond, of Brownsville, Tenn., have considered the same, and this bill proposes to provide paym~nt an appropriation was regularly beg leave to submit the following faYorable 1·eport: made for clerk-hire. Why it was not made in that particular year I 'Ve find by an investigation of the evidence on file in the Post-Office Dcpnrt­ ment that the aftida.vit of the postmaster discloses the fttct that on the night of am unable to say; but Secretary Bayard states that these cleric..'ll'serv­ the 27th ofSeptember,lS87, a burgia.ryw~'.s committed oft he post-office at Browns­ ices were essential to the proper conduct of the office. ville, Tenn., by making an opening through the back door, and· the safe in the .1\fr. KILGORE. Did not the failure to make an .appropriation in­ office being blown t-o pieces. and that there was taken from the safe $211.10 worth of adbesire stamps and $26.68 of money-order funds, and SGI.SO of p ostal dicate an intention on the part of Congress to abolish the clerkship? fu~:ds. A.n inspector was sent to make nn investigation, and finding the facts Mr. McMILLIN. I can not state. ns stated in the affidavit of the postmaster recommended the payment of the Mr. KILGORE. Was this clerkship continued after the failure to two items of $211.10 nnd $26.68. And the same, w1der the law governing such cases, haYe been paid, there being no authority under the law to pay the third make the appropriation? item of~l.SO. Mr. McMILLIN. I understand that the appropriation was regu­ The eubject-matter being submitted to the Assistant Attorney-General for the larly made both before and after the particular year for which this bill Post-Office Department, he 1·eplies as follows: "On examination of the papers filed in the case, this office was of the opinion thn.t the loss had occulTed ' ith­ proposes to provide. I will not undertake to say whether it was the out fault or negligence on the part of tlle postmaster, and so advised the Post­ intention of Congress in failing to make the appropriation to abolish master-General, who allowed Mr. Bond credits of 5'2ll.l0forstamps and stamped the clerkship. I am not informed on that point, and would not, of paper, and $2G. 68 for money-order funds lost by the burglary. "There are no records in the possession of the Department from which the course, . misleact the House. amount of postal funds in the possession of a postmaster n.t any given date can Mr. KILG011E. I believe I will object. be asrertained; but in this instance the inspector appears to have been satisfied The CHAIRMAN. Does the Chair understand the gentleman as that the amount of postal funds stolen from the postmaster's safe by tne burglars is lt61.SO." . objecting? \Ve are of the opinion that the postmaster, Bond, is entitled t{) relief, and rec­ Mr. KILGORE. Yes, sir. cmruend the p~sage of the bill. A. B. NORTON. The CHAIRMAN. Is there objection to the consideration of thls The next business on tb(} Private Calendar was the bill (H. R. 4805) bill? for the relief of A. B. Norton. Mr. BYNUM. I wish to inquire why this claim as never paid by Mr. LANHAM. This bill has already been passed and ought not to the Department. be on the Calendar. J\Ir. GLASS. The Department never pays claims of this class, and The CHAIRMAN. If there be no objection, H will be reported to it is necessary to provide for their payment by special bills. the House with the recommendation that it be laid upon the table. Mr. HOLMAN. A general bill covering cases of this kind has been There w~ no objection, and it was so ordered. recommended by the Postmaster-General, and is now pending, having NEHEMIAH OSBURN. passed the Honse of Representatives. There being no objection, the bill was laid aside to be reported to the The next business on the Private Calendar was the bill (H. R. 464) House with the recommendation that it do pass. for the relief of Nehemiah Osburn. M:r. BAKER, of New York. Let that bill be considered. There is JOH T. ROBERSON. no need on the part of the Clerk to read the preamble to the bill, as the The next business on the Private Calendar reported by the Commit­ report will give all the facts involved. tee on Claims (called up by Mr. McMILLIN) was the bill (H. R. 5494) Mr. Mcl\H~LIN. Does the gentleman propose to strike out the pre- for the relief of John T. Roberson. amble? · The bill was read, as follows: Mr. BAKER, of New York. I simply ask that the preamble be not Be it enacud, etc., That the Secretary of the Treasury be, and he is hereby, au­ read at this time, in order to save time, because the report will state thorized and required, out of any money in the Treasury not otherwise appro· the facts. priated, to pay to John T. Roberson, late consul at Beirut, Syria, Turkey, the sum of $600, with the interest thereon from the-day of --, 1884, it being the The CHAIRl\IAN. The Chair hears no objection, and the bill will amount paid by said consul for clerk-hire, as had been the cust{)m at said con­ be read. sulate. The bill is as follows: The amendments reported by the Committee on Claims were read, as Be it enacted, de., That the Court of Claims, in the due course of business of follows: that court, proceed, freed from any statute of limitations, to the hearing of the claim of Nehemiah Osburn for losses alleged to have been sustained by him in In line 5, strike out "Roberson" and insert" Robeson." consequence of the suspension, by orders of the :secretary of the '.rreusury, from .After the word" dollars," in line 7, sti·ike out" with the interest thereon f1•om May 22, 1861, until April 23, 1862; of work under his contract with the said Sec­ the - day of--, 1884, it being the amount paid by sa.id consul for clerk-hire, retary for the construction ofthe court-house at Baltimore. and in con cquence n.s had been the custom at said consulate." • of the payment for the work done upon said building, and materials furnished Ur. McMILLIN. Let the report be read. therefor by said Osburn, in Treasury notes, instead of the ''coin of the United States," lts provided by said contract, and to determine whether any and what The report (by Mr. SHAw) was read, as follows: sum is justly and equitably due to him on account of said claims; and upon H appears from the papers filed in support of this claim that John T. Roberson such hearing the receipt of said Osburn for the sum of $51,859.79, bearing date was appointed United States consul at Beirut, Syria, in 1882, and served in thnt the l.8t4 day of April, 1865, and the acceptnnce of said sum, shall be evidence of capacity until February, 1886. The papers also show that at the time he as­ the payment of that sum to him in Treasury notes at that d ate, upon said con­ sumed the duties of the .position, and up to July,1884, $600 a year was expended tract; but inasmuch as he expressly reserved his right to apply to Congress for for clerk-hire, that amount having been appropriated by Congt·ess for that use. relief, the said receipt and ncceptance shall not be evidence to the acceptance It also appears that the bill making appropriations for consular and diplomatic by him of that sum in full payment of the amount due to him on account of purposes for the fiscal year ending June 30, 1885, failed to provide for clerk-hire said claims, or as a release by him of any right to sue for or otherwise prosecute at the Beirut consulate; but the business of the consnlate still requiring the any claim against the Government on account thereof. clericaloid formerly given, the claimant was compelled to provide it at his own personal expense. Mr. BAKER, of New York. 'l'his claim -was reported favorably by He appealed to the Department of State for reimbursement, but no provision fhe Committee on Claims .of the Forty-ninth Congress with certain having been made therefor, thet Depaxtment could give him no aid, but he was amendments. It was again reported in this Congress with tbe same tLdvised that should he apply to Congress for relief the State Department was ready to recommend au appropriation for the amount claimed, which it has amendments, but through some inadvertence the bill is printed with­ done by the following letter: · out the amendments. If there be no objection, I ask that those amend­ DEPARTMENT OF STATE, Washington, D. c.,Ja?!uanJ23,1888. ments be considered as pending and to be voted on. SIR: In r eply to your inquiry of the 19th instant, I have the honor to say that To relieve the clerks I will read the report of the committee, if that the statements made by Mr. John T. Robeson, late consnl at Beirut, in his pe­ be agreeable to members. It states fact'3 and gives the reasons why tition which accompanies your letter, are in accord with the facts as shown by tlle records of this Department. No provision was made by Congress for clerk­ this claimant should be authorized to go to the Court of Claims free hire at the Beirut consulate for the fiscal year 1885, and the business of that from the statute of limitations in a matter involving about $60,000. offire positively demanded clerical aid at all seasons. Mr. Robeson's vouchers The claimant. is an oJd man, over eighty years of age, and a resident for $600 for such service would have been accepted by this Department had there been funds to meet them, and I therefore suggest that the petition receiye of my city. favorable consideration. Mr. LANHAM. I ask the gentleman from New York to refrain A similar inquiry was addressed to the Department by the Committee on Ap­ from reading the entire report. It involves no appropriation, merely propriations of the Senate nearly a year ago, and a similar answer was addressed to Senator A.LLISOS, ns chairman of that committee, on February 23, 1887. referring the case to the Court of Claims. Returning your inclosures as requested, Mr. McMILLIN. But I understand from tho gentleman from New I have the honot· to be, sir, your obedient servant, York that it proposes to relie\'e this claimant from the statute of limit· T. F. BAYARD. Bon. B. A. ENLOE, ation:o. How;e of Representati1!3 Mr. BAKER, of New York. It does.

• 1888.· CONGRESSIONAL RECORD-HOUSE. 6329

Mr. McMILLIN. I also understand the bill proposes to pay the Clark), and, in answer to the question, "Will the Solicitor state whetl.Jer the Government is liable to pay damages for the stoppage (contract within)?" the difference between gold and greenbacks at a time when the soldiers Solicitor replied, "I think the Government ia so liable." were paid in green backs. Shortly after the resumption of the work the claimant found all the conditions Mr. B.AKER, of New York. But there is an amendment covering changed. Not only did the cost of labor and materials rapidly advance, and the 'l'reasury notes in which he was paid (despit.e his protest, instead of" coin") that part of the case. keep declining in value, but transportation became more and more difficult to Mr. Mc:M:ILLIN. The reading of the preamble has been dispensed obtain, and the progress of the work was hindered, while all the expenses of with, and if we are not to have the report read it will be difficult to superintendence and labor were prolonged. A brief quotation from tile claim· ant's memorial will show the change which had occuN"ed in the situation: understand just exactly what the facw are. "Soon after resumption of operations it was found that great difficulties were Mr. BAKER, of New York. I want to say that every single officer, to be encountered in the successful prosecution of the work, especially in the from Howell Cobb, Secretary of the Treasury when the contract was supply of granite. PreVious to the suspension, I was obtaining granite of an ap­ proved quality f1·om the 'Voodstock quarry on the Baltimore and Ohio Rail­ made, down, have recommended the payment of this claim. Mr. Mc­ road (20 miles from BaUimore) at 45 cents p~r cubic foot, deJi.vered in the city Culloch, who considered the claim, allowed it. It baa been approved yard, but after resuming operations it was impossible to get it from that quarry by the Supervising .Architect and other officers. A technicality arose at any price in sufficient quantities. I obtained permission from the Depart­ ment to substitute Dix: Island (Maine) granite at a cost of from 90 cents to S3 per in court whicli necessitated his coming to Congress to be relieved from cubic foot, delivered on the dock. The cost of all other labor and mat-erials in­ the statute of limitations. creased in about the same ratio." Mr. WE.A VER. Do I understand this proposition allows to the Notwithstanding these difficulties the claimant continued to push forward the work, and in the fall of 1865 the new court-house was delivered in comple te or­ party the difference between gold and greenbacks? der and condition to the Treasirry Department, and accepted by that bra ncb of l\Ir. B.AKER, of New York. No, sir; the amendment strikes out the Government. Thus the work that was to have been completed, and,in all the words in the bill which are indicated, and in lieu inserts "for any probability, but for the suspension by order of the Secretary, would ha>e been completed witllin two years from its commencement, occupied more than dou­ breach on the part of the United States." ble that time. And while the work was in progress after the suspens:on, al­ Mr. WE.A VER. If the Government agreed to pay in coin and paid thoagh its actual cost was largely in excess of the contract price, all pnyments in greenbacks, that would be a breach· of contract. to the claimant were made in Treasury notes on the bru~is of the figures ,.. hich J he had namE;d in his contract, for the different kinds of mat-erials and labor- Jlr!r. B.AKER, of New York. The contract -provided he S h 0 nld b e' figures fixed by him in 1860 with reference to values in "coin." The last pay- paid in gold. ment which he received under his contract, $6,615.01, on the 16th of June, 1865, Mr. WE.A VER. So did mine when I went into the .Army. would have purchased only 52,943.68, or le~s than half of the "coin" in which ·the contract provided that the building should be paid for. Mr. BAKER, of New York. .As I have said, that portion is stricken But the di:lferences in value between the Treasury notes in which payments out. The bill merely authorizes this claimant to go to the Court or were made to the claimant, while his work was in progress from the summer Claims relieved from the effect of the statute of limitations, as a matter of 1862 to the summer of 1865, and tlle "coin" called for by the contract, do not enter into this claim at aU, unless the claimant is entitled to interest on these of pure equity. differences from the dates of the various payments until the 18th of April, 1866, Mr. PEEL. How came he to be barred by the statute of limita­ when the Treasury Department undertook: to make a settlement with him, out­ tions? side of the contract, by paying him $54,859.j'9 as a balanced ue on the actual cost of the work and some allowance for superintendence. The claimant alleges The report (by Mr. LAIDLAW) is as follow!l: that after these years of arduous labor, embarrassment, and anxiety, during The Committee on Claims, to whom was referred House bill 464, for the relief which the Government had the use of more than 3100,000 of his capital invested • of Nehemiah Osburn, beg leave to submit the following report: in the increased cost of the court-house, the payment in question still left him A bill in substance similar to the present bill was introduced into the House loser to a large amount, and that he was compelled to accept the money and in the Forty-ninth Congress and referred to the Committee on Claims of that sign the release annexed below to save himselt from impending financial ruin. Congress. That committee reported said bill favorably to the House with cer­ tain amendments, which are embraced in the present bill. Said former report "WASHINGTON, Aprill8, 1866. was numbered 3930 of the Forty-ninth Congress, second session, a. copy of which "I acknowledge to have received from the United States Treasury Depart- · is hereunto attached. ment the sum of $54,859.79, in full of all claims for work done by me on the new Your committee adopt said report as their own, except the amendments United States court-house at Baltimore, Md., and I hereby agree that the pay­ therein proposed, they being embodied in the present bill, and the committee ment of said sum shall be a final settlement of tlle amount claimed by me from recommend that the present bill do pass. the United States, hereby releasing all rights to sue or otherwise prosecute any claim against the Government, excepting only the right to apply to Congress for such equitable a.llowance in the premises for damages and loss under my [House report No. 3930, Forty-ninth Congress, second session.] contract with the Treasury Department for the performance of said work as This claim is for losses growing out of a suspension of work, by order of the Congress may see fit to make." Secretary of the Treasury, from 1\lay •22,1861, to April23, 1862, on the United States It will be noticed in what clear and unmistakable terms the claimant reserved court-house in Baltimore, for the construction of which the claimant had entered his right to appeal to the equity of CongresS'. into an agreement with the Secretary of the Treasury (Howell Cobb), on the It now remains to explain the circumstances under which the estimat-e was 13th of July,l860. Under this agreement the work was to be done according to made by tlle Supervising Architect of the Treasury, upon which the foregoing plans and specifications which were to be furnished by the '.rreasury Depart­ settlement w.as bad with the claimant. ment, and the court-house was to be delivered to the Government in complete • In the summer of 1865, when the court-house was nearly completed, the Sec­ order and condition on or before the 1st day of August, 1862, for the sum of $112,- retary of the Treasury (Mr. McCulloch), upon representations from the claim­ 208.04. A copy of the contract·, showing its -various provisions, is hereto an­ ant, had ordered his accounts for all the work which he bad done since the stop­ nexed, marked Exhibit A. page in 1861 to be examined by the Supervising Architect. It appears that the claimant was a builder of large experience, approved skill, This was done and a report of the results was made on the 17Lh day of An­ and high personal and financial standing, and t.hat upon the execution of his gust,l865, by Mr. B. Oertly, acting assistant architect. This report, which is agreement with the Government he commenced collecting the requisite tools printed in the appendix:, marked Exhibit D, shows the total cost of the work and materials, and engaging a proper force of superintendents, foremen, me­ from its resumption in May, 1h62, until its substantial completion in August, chanics, and laborers for the construction of the court-house in its \"arious parts. 1865 (including 522,750 paid by the claimant for salaries to his four assistauts al­ Among the papers submitted to the committee is a contract, dated at Baltimore, ready named), to have been $167,074.94. To this 1\Ir. Oertly added 20 per cent. on the 1st of September, 1860, between the claimant, of the one part., and J. B. for builder's profits ($33,414.98)-the reasons for which allowance -he stn.les in Still!on as engineer, C. C. Moody as superint-endent of granite work, and book­ his report-and $2,500 for claimant's loss of time and loss of use of tools, etc., keeper. Joseph McQuattcrs as superintendent of mason work, and James Ap­ during the suspension, making $202,989,92, to whicll was afterwards added pleyard as superintendent of ('arpenter and iron wo1·k, und~r which the first S6,55~.78, claimed by the four assistants as salary during the suspension, and two were to receive salaries of $2,000 and the last two $1,500 per annum each for making ttn aggregate of $209,542.70. Deducting for payments made to the claim­ their entire time and services in their several capacities on the said building­ ant during the progress of the work, $100,256.53, there appeared to be a balance until its completion. Judging by the reports of the Treasury officers in regard d ne to him of $109,276.17. The claimant's figures showed a balance in his favor to the manner in which the work was done, and the claimant's accounts w ere of $126,002.67. k ept, these were men of first-rate abiiity in their several departments. T he A careful examination of Mr. Oertly's 1·eportleaves the impression of thorough­ w0rk was going on vigorously and prosperously, when it was stopped by di­ nes.:~, fairuess, and moderation. His percentage for builder's profits, under the r ectionofthe SecretaryoftheTreasury. in a letter to the claimant from the chief circumstances which he states, being 5 per cent. less than the maximum and 5 clerk of the constrnction office, dated May,22, 186~, a copy of which is hereunto per cent. more than the usual allowance, fell $7,000 short of the profits which annexed, marked Exhibit B. • the claimant shows by a tabulated statement he would ha>e ll.lade on the original '£he claimant alleges that. if it had not been for thi~snspension he would h ave contract if the work had not been suspended. finished the building and delivered it to the Government nccording to contract, On the recommendation of the Secretary of the Treasury, Congress appro· and also that he would have bad the benefit of the low rates for building mate­ priated $l09;000 to pay t.he claimant; but the question h aving been raised while rials and labor which prevailed during the period covered by his contract. On the billwas on its passage whether the Secretary had power to make such a. set­ the e points he is sustained by the acting a ssistant ..archite ct of the Treasury De­ tlement, a provi.:~o was added that no part of the sum should be paid by way of partment (Mr. B. Oertly), who, in a report which he was directed to make by damages (14 Stats., pp. 17-26). Subsequently-alt.hougll nothing seems to have 1\lr. J. Rogers, Supervising Architect of the same Department, said: · been allowed by way of damage in 1\lr. Oertly's computation, which was rather "The contract ~Stipulated for the completion of the building on or before the an ascertainment of the quantumvalebat-another accounting w;as ordered, and lst day of August,l062. His probable, if not certain, that the work would have the balance found due to the claimant was fixed at ~-.54,8.l9 .'i9, and paid to him been completed "\vithin that time had it not been suspended by direction of the u nder the circumstances already stated. Department, in the spring of 1851. Labor and materials were then abundant The })rof!.ts which he would have made on the original contract do not seem nnd of extraordinru:y cheapness, and continued so throughout 1861 and the first to have been of a speculati>e or uncertain kind. He was prevent-ed from real­ half of 1862.. No difficulty was experienced during this period in procuring izing these profits, or any profits, by no fault of his, but by the action of the Gov· transportation for materials, nor from any depreciation of the national cur ­ ernment; and unde:.- the settlement, to which, as he claims, he was compelled rency." by his necessities to subwit, he seems to have been left with nothing but his On the 23d of April, 1862, the Secretary of the Treasury ordered the work to labo1· (and actual losses besides) for his pains. be resumed, and within a week thereafter the w ork was again in progress. The Secretary of tile Treasury (l\Ir. McCulloch) earnestly recommended this The claimant, and the Yarious superintendents with whom he had contracted, claim to the fa\-orable attention of the Committee on Claims. Three of his let­ as nfo re.:~aid, bad held themselves in readines'i to resume operations; not know­ te1·s on the subject a re printed in the uppendi.:x:, marked Exhibit E . The Secre• ing when resumption would be ordered by the Secretary, and meanwhile the tary, who made the settlement, says expressly that nothing was allowed for claimant had protested against the suspension, and given notice that he would damages. The claimant immediately thereafter memorialized Congress, and a bold the Government responsible for all the damages be m ight suffer from this bill was introduced to pay him $60,20!>.9:J, but no action seems to have been breach of the contract. The claimant's affidavit, and the certificate of the actinri taken upon it. Subsequently he was advised that the r eceipt and release of enA·ineer in charge of the office of construction (Mr. S.::\1. Clark) on this point, arq April IS, 1866 (sr~pra), would not estop him, and he accordingly brought an ac­ pl"inted in the appendix, marked E xhibit C. tion in the Court of Claims, which he was afterwards advised to abandon, on l o response to the claimant's representations, the Secretary (Mr. Chase) took the gronnd that without an act of Cong-ress relieving him from the effect of the the opinion of the Solicitor of the Treasury ( ir. Edward Jordan) upon :1 state­ receipt he would in a ll probability be defeated. ment of facts, dated April 17, 1862, which had been prepared by the Acting En­ He accordingly discontinued his action, and betook: himself again to Con­ gineer of the D epartment in ch::..rge of the building in llaltimore {1\Ir. S. 1\I. gress. Bills for his 1·elief have been introduced at various sessions, but no ac-

. 6330 CONGRESSIONAL RECORD-HOUSE. JULY 14,

tion has been taken until now. It seems to the committee that he is entitled to And it is further agreed by and between the parties to these presents that if, a judicial determmation of his claim freed from the statute of limitation and from any cause whatever, the said party of the second part ~hould fail to carry the effect of the release. on the work with the required promptness, in the opinion of the said superin­ The consideration which have brought your committee to this conclusion tendent, to insure its completion by the time specified above, it shall bee Jme DUlY be condensed as follows: the duty of the said superintendent, and he shall be, and is hereby, authorized L There is no controversy, and can be none, regarding the fact that the Gov­ and empowered,aftereightdays' due notice thereof in writing, left at the shop, of­ ernment·, by writt-en orders, suspended this work as above indicated, and that fice, or usual place of abode of the said party of the second part, or with his this suspension resulted in extending the completion of the work from August agent, without effect, to purchase and procure the necessary materials, and 1, 1862, to November, 1865. have the necessary work performed, to supply any deficiency caused by the de­ 2. It is not disputed, and can not be, that the contractor was required to, and linquency of the said party of the second part, and the actual cost thereof, to­ did. hold himself and his employes in readiness during this period of suspension gether with 15 per cent. thereon, shall be deducted from any moneys due or to complete this work, and was suojected to the expenses incident to so holding owing t-o the sa.id party of tho second pat·t on account of this contract, and if himself in readiness. there is not that amonnt due him, then his bondsmen are to be held liable for 3. He faithiuUy executed his contract in every particular, notwithstanding any deficiency, to be recovered of them by suit in the name of the United the hindrances to which he was subjected by the Government. States. 4. It is thoroughly settled by the decisions of the courts, that where the Gov­ It is also covenanted and agreed between the parties •>f this contract that the ernment thus interferes with the execution of n. contract, and by such inter­ party of the second part shall execute, with two or more good and sufficient ference makes the work more expensive to the contractor, or deprives him of sureties, a. bond to the United States in the sum of $30,000, to be paid in liqui­ the legitimate profits which he could have made and was entitled to make under dated damages, conditioned for· the faithful performance of this contract, and his contract, there is a. liability at common law resulting against the Govern­ the agreements aud covenants herein made by the said party of the second ment from such suspension of or interference with the contract. Among the part. many cases which mjght be cited are the following: It is also covenanted, agreed, and und~rstood that' no member of Congress or Smoot & Spicer's cases. 8 Court of Claims, 96, in which it was held (and after­ other verson whose name is not at this time disclosed, shall be admitted to any wards affirmed on appeal to the Supreme Court, 15 Wallace, 36) that" the prin­ interest in this contract; and in the eventofthe Departmentbecomingeatisfied ciples whlch must govern the liability of the Government in an action for breach that any other party or parties than tile signer or signers hereto have either a of contract are the same as if the contract were between individuals." In Figh contingent or direct interest therein, which may appear to the party of the first & Gindrat's case (8 Court of Claims319) it was held that "where the Govern­ part to be prejudicial to the interest of the work or of the Government, then the ment suspends work nnder a. contract, and the contractors comply With the Gov­ said Secretary shall be, and he hereby is, empowered to cancel this contract and ernment's request, both in suspending work and subsequently resuming it, relet the same, and if any work shall have been performed or material delivered they may recover all their actual damages occa<>ioned by the suspension, in­ for the said building, on which 90 per cent. (nine-t-enths) has been paid, the 10 cluiling loss occasioned by the non-employment of their hands, by an advance per cent. (one·tenth) retained thereon shall be forfeited to the Government. ·or wages, and by the loss of lumber washed away and stolen." It is further covenanted and agreed by the parties hereto that this C:Ontract · In Harvey & Livesey's case (8 Court of Claims, 501) it is held that where the shall not be assigned except by consent of the Secretary of the Treasury; and Government wrongfully declares a. contract forfeitell the contractor's damages that any assignment thereof, except as aforesaid, will be a forfeiture of the are "the profits which he might have made if allowed to perform." (See also same, and shall subject the said party of the second part, and his bondsmen, to UnitedStatesvs. Smith, 94 UnitedSt.a.tes, 214; Pa.rishvs. United States, 100United such damages, to be recovered of them by suit in the name of the United States, States, 500; and United States vs. Mueller, 113 United States, 153.) as shall have been suffered by the said party of the first part. In United States t:s. Smith (supra) the Supreme Court held that" the United It is further agreed and understood that all the stones used in the said build· States can be required to make compensation for damages (to the contractor) ing shall be laid u pou their natural or quarry beds, and what ever style of dress· which he had actually sust&.ined by its default in the performance of its un­ ing shall be adopted shall be in the best manner of that style; and all the ma· dertakings to him," and that the measure of damages was such a sum as " was terials used shall be of the best quality of their kind, and the work thereon necessary to pl.ace Smith in the s~ condition he would have been in if he had shall be of the best character, and to the entire satisfaction of the said superin· been allowed to proceed without interference." · tendent. • , • 5. The claimant in this case has been guilty of no laches, but has diligently It. is also covenanted and agreed by and between the parties hereto tha.t, in prosecuted his claim in every way open t-o him. case any additions, omissions, or alterations are determined upon, the value 6. From these facts it plainly results that if this interference of the Govern­ thereof shall be estimated by the superintendent, in accordance, a."! near as prac­ ment has resulted in loss, which is not covered by what has been paid to him, ticable, wjth the original bid of the parties of the second part, and the amount then a. right of action would exist against the Government for whatever that so estim.ated by him shall be deemed and taken to be the agreed upon and liq· loss may be, and this upon the principles of familiar law as well as obvious uidated sum to be added or deducted for such additions, omissions, or altera­ tions, and shall be specifically noted hereon, and be final and conclusive between e~~~nly question left, therefore, is whether, under the conditions stated, it the parties hereto. is just for the Government to insist upon the alleged technical effect of there­ It is also covenanted and agreed by and between the parties hereto that U ceipt above named and of the statute of limitations?_ Congress has frequently any material shall be delivered on the site of the said court-house at Baltimore, granted relief even when the Cour~of Claims or the Supreme Court of the United Md., by the party of the second part. and estimated and a. percentage paid States, upon appeal, has rendered judgmentagainstthe claima.nt2. One or two thereon by the party of the first part before they are put in the building, they instances will suffice. In Adams's case (2 Court of Claims. 86) the claimant re­ shall become the property of the United States, and being delivered to the su· covered judgment for $112,748.86, but the judgment was reversed on appeal to the perintendent, shall be worked into the building as it progresses. Supreme Court (7 Wall., 463). In witness whereof, the said Howell Cobb, Secretary of the Treasury as afore­ Congress, however, appropriated $112,748.86 for the relief of the claimant (17 said, for and in behalf of the United States, hath hereunto subscribed his name, Stats., 713). In that case the claimant had given a. receipt "in full," which, the and caused the seal ot the Treasury Department to be hereunto affixed, and the Supreme Court held, barred his right to recover. In Albert Grant's case (5 Court said Nehemiah Osburn has also Sl\bscribed his name and affixed his seal, this ofClaims.SG) judgment on his claim of$46,493.73 "for all damages" was in fa­ 30th day of .July, A. D.l860. HOWELL COBB. vor of the United States, but Congress (17 Stats., 699) provided for relief to the Witnesses of the signature of the Secretary: plaintiff to the extent of$47,000 for those same damages. T . .J. D. FuLLEn., The present bill does not decide anything in favor of Mr. Osburn, but leaves P. CLAYTON. N. OSBURN. all questions of right of recovery to the Court of Claims, with an appeal by either Witness of the signature ofthe contractor: party to the Supreme Court of tho United States. The only thing whfch the C. C. 1\IOODY. pending bill accomplishes in favor of the claimant is to deliver hlm from the statute of limitations and from the alleged release. The committ-ee, therefore, ExHIBIT B.-Order suspending the work. (H. ft recommend the passage of the bill R. 9252), amended so that will read as BALTDIORE, Mn., May 22, 1861. indicated. Sm: I am instructed by the honorable Secretary of the Treasury to direct you APPENDIX. to cease all work nnder your contract for the construction of the Baltimore court-house at the close of this day, Wednesday, 22d of May, 1861. EXHIBIT A.-Oontract between Nehemiah Osburn and the United States of America. In thus directing a cessation of work under the contract it is deemed that This contract made and entered into by and between Howell Cobb, Secretary your ultimate interest will be promoted. inasmuch as the present obstruction of the Treasury, for and on account of the United States of America, of the first upon means of transport in your vicinit;.• renders the conveyance of material part, and Nehemiah Osburn, of Rochester, N.Y., to whom was awarded the to the building site a. work of much hazard, difficulty, and delay. cont1·act for the entire construction of the building authorized to be constructed Due notice "\vill be given you when the work can be resumed, and the time at Baltimore, 1\ld., as a. court-house for the United States courts, on his bid for for completing your contract will be extended a corresponding period. the same, received under the advertisement of the Treasury Department, dated The custody of the property now on the building site and on the lots on Hol· March 1, A. D. 1860, of the second part, witnesseth that the party of the second liday and Frederick streets is placed in the collector of the port, and you will part covenants and agrees to and with the party of the first part, for hlmself, please make an inventory thereof and hand it to the collector, together with his heirs, executors, administrators, or nssigns,.to furnish and. deliver all ~he the keys of the premises, taking his receipt therefor. materials and do and perform all the work reqmred for the ent1re construction Very respectfully, S. M. CLARK, C. C., of the said court-house, agreeable to the original drawings and specifications, NEHEliiAH OSBURN, Esq., Office of Oon:stl·uction. under the direction of the superintendent to be appointed by the Secretary of Contractor, Baltimo1·e, Md. the Treasury for that purpose, and in conformity to the lithographed copies of the drawings of the several parts thereof, numbered 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, ll, Ex11miT C. 12, 13, 14, 15, 16, 17, 18, 19, and 20, and t~e printed specifications, according to ~he genera.l conditions appended thereto, prepared at the office of the construction I, N.Osburn, of Rochester, N.Y., do hereby testify that on the 1st day of .June, of bnildings, under the Treasury Department, and dated April14, A. D. 1860, a 1860, a. contract was awarded to me by the Treasury Department of the United copy of which is hereunto attached, and which together with the drawings afore­ States for building a new United States court-house at Baltimore, Md. That in said, are ronde a part of this contract, equally binding as if more particularly in­ pursuance thereof, on the 1st September, 11:!00, I commenced operations, and corporated herewith, the whole subject to such omissions, additions, and a.ltera,. was progressing satisfactorilyt when, on the 22d May, 1861, I was ordered to tions as may be determined upon by the said pa.rty of the first part, as provided suspend work until further oraers. That I protested against such stoppage, as in the "general conditions" of the specifications hereto annexed. I had prepared my outfit of tools, etc., to complete the work. And the said party of the second part further agrees and ,binds himself, his That on tile 1st May, 1862, I was ordered to recommence the work, upon re­ heirs, executors, administrators, or assigns, to do and complete the entire work ceipt of which I called upon the acting engineer iu charge of the Tre.asury according to the plans and specifications aforesaid, and to the approval and ac­ Department and protested verbally to him against being compelled to go on ceptance of the said superintendent., to be appointed as aforesr.id, and deliver with the work, and was assured by him that I should be paid all damages the same over to the said superintendent in complete and proper condition, con­ arising out of the suspension of the work, and that my accounts could be ad­ formably to the plans and specifications aforesaid, on or before the 1st day of justed satisfactorily on its completion. August, 1862. N. OSBURN. And the said party of the first part, acting for and in behalf of the United Sworn to and subscribed before me this day, the 30th January, 1868. States, doth covenant, promise, and agree well and truly to pay, or cause to be CHAS. C. COX, J.P. paid, unto the said party of the second part, his heir.l!, executors, administrators, Ol' assigns, the sum of $112,803.04, good and lawful money of the coin of the Certificate of acting engineer in charge. Uruted SLates, the payments to be made in the following manner, namely : TREASURY DEPARTME.NT, January 30,1868. Ninety per cent. {nine-tenths) of the value of work done and materials fur­ nished (said amount to be ascertained and duly certified to the Department by I have read the within [abovel affidavit, and hereby certify that tho facts as to the superintendent), will, in consideration of· the premises, be paid from time the contractJ the suspension of the work, and its subsequent resumption a.1·e true to time M the work progresses; and 10 per cent. (one-tenth) will be retained un· as therein alleged. til the completion of the work, and its approval and acceptance as aforesaid by As to the alleged conversation with me at the time of the resumption of the the said superintendent, which shall be forfeited by said party of the second work, I can not, at this late date, make positive averment of its correctness, as part in the event of the non-fulfillment t-o the entire satisfaction_of said superin­ the details of conversations have passed out of my memory. I recollect, how­ tendent ofthls contract. ever, that Mr. Osburn had many conversations wi~h me at tha time in reference -

1888. CONGRESSIONAL REOORD-HOUSE. .6331'

to the extra amount due him by reason of the suspension, and I also recollect tary on the 15th ultimo, and referred to this office. A schedu~e of. the boo~s that it was my decided impression at the time that an extra amount was due and papers submitted by him is herewith attached, together with h~s _affidavit him (how much I expected to ascertain when the work was completed), and I testifying to their genuineness, and maklng oath that they fully exhibit the ex­ therefore do not doubt that his allegations in that regard are also true. penditures made and liabilities incw-red by him on account of said work. S. l\L CLARK, The documents begin with the starting of the work and extend up to the pres­ Formerly .Acting Engineer in Charge, Office of g<>nstruction. ent time. The accounts seem to have been kept scrupulously careful. I have examined the same from the date of the suspension, l\Iay 22, 1861, thoroug-hly, assisted by C. C. Moody, esq., who acted as book-keeper ar:.d assistant toN. EXHIBIT D.-Report of Assistant .Architect Oertly on claimant's account. O!!burn. The result of my examination is embodied in the tabular statement annexed to this, and shows expenditures and liabilities of N. Osburn on account TrtEAS:URY DEPA.RTMENT, OFFICE OF SUPERVISING ARCHITECT, of the work since its suspension; it also includes a few small amou.nts for sundry ..4.ugust 17, 1865. unfinished work, which will be completed within a few dnys. SIR: In accordance with your request of the 26th ultimo, the contractor of the To facilitate the comparison of the contractor's statement with mine, I nrrange United States court-house at Baltimore, 1\Id., N. Osbutn, esq., submitted to me the subdivision of my table similar to his. . . for inspection his account-books, subcontract.'!, vouchers, and other papers re­ The expenditures and liabilities enumerated by items 1 to 17, poth mclus.Ive, lating to the cost of the erection of the above court-house, with a view to facil­ constituted the total prime cost of the work, except contingent expenses, s1nce itate the investigation of his claim, presented by him to the honorable Secre- its suspension, and amount to $144,324.34.

Tabular state1Itent of expend-itures made and liabilit~ inc~rred by N. Osburn, esq., contractor, on. accotmt of the erection of the United States com·t-h.ouse at Baltimore, . Md., since the suspension of the work, May 22, 1861, until its completion, August, 1865. ~ ~fJ ~ ~ ]1 1 . ~f ~~~ ]~ ] . t~ ~ ~ ~1 1~ 'd~ ~~ • ~~ ~~ ;_s O'd~ ~~ ~~ ~~ OQ ~~ ~'": Designation of expendi- ~ 'g ~ ~ ~ ..... -o g >;'g ~ 'j- < ~ Z a~ ·-o ~ .-: -< 0, z.-o...;; >;'d ct ~ Total. ture or lin.bility. ~ ~ ~S ,.8 2.~- ~ d • __.. § rn , _8• !-<"'§ ~ § : g -~ t § ~ ~ §. ~.~ ~ ~ &Q 2 ii t ~ ;;;gs ·)::~ >:'g~ ...C)~:;:0 ;:1 ~:'.1! ·;::.-. !'-g~ .g..:!-<" t>-.<010 1:-d ...... ::s ... o.o.o aai~ p. :;a~~ -~ ~,.,;x; p. ::s ... oo .. . 15 100.47 53.10 741. 61 6 6 Pz: :~~.:!ti~~~~-~-~-~~·:::: :::::::::::::: :::::::::::::: ····005:56 :::::::::::::: :::::::·:::::.: :::::::·.:·:::.: :::::::·:::::.: :::::::·:::::.: :::::::::::::: :::::::::::::: ::::::::·::::.: :::::·::::.:::.: :::::::::::::: ' m: gg ' ~: ~ 13. Teams...... 350.02 99.44 69.62 175.03 135.14 158.16 209.20 131.99 297.~ 240.61 3l6.63 178.75 267.22 23.27 2,652.28 14. Miscellaneous...... 84.25 87.39 94.35 135.46 97.88 93.88 136.91 60.65 58.32 66.44 75.75 93.60 61.70 363.60 1,490.21 15. Stolen materials dur- ing suspension ...... *1,150. 00 ...... :...... •...... 1, 150.00 16. Expenses going to Washington andre- t urn...... i-12. 00 12.75 22. 55 28.04 23. 60 15.00 2. 50 12.70 19.55 3. 00 6. 00 23.35 37.50 101.75 320.29 17. Discount on notes...... 83 10.18 19.67 387. SO 73.4!) 52.45 103.69 151.55 2\l9. 90 138.43 420.07 306.31 211.11 1, 822.62 2, 708.07 Total ...... 1.44, 324. 94

*.At the time of the suspension of the work, the tools and building materials of the contractors were placed under the custody of the ~llector, who put a watchman over them. Notwithstanding this, a number of valqa.ble tools and over 600 yards of sand were stolen, and some 40,000 bricks de troyed. tNo superintendent of the work was appointed since its resumption, and in consequence thereof the contractors were obliged to visit Washington ·very fre­ quently for consultation about plans and the payment of monthly estimates. The Q{)>ernment saved some $6,000 by this arrangement.

Tabular statement of expenditttres made, etc.-Continued. first campaign against Richmond and the subsequent invasion of Maryland sud­ denly and completely changed the state of business. Granite could no more be procured (except at long intervals) for want of transportation, the War Depart­ Salaries ment assuming complete control of the Baltimore and Ohio Railroad, and labor per annum became very scarce and high. from May These difficulties, and especially the one from the depreciation of the cur­ Names. Employment. 1, 1882, to Amount. rency, kept increasing until the beginning of this year. Even had Osburn not Augustl, been financially embarrassed by the total insufficiency of the payments made 1885. to hlm he would have been powerless to overcome the obstacles, in conse­ quence of which the completion of the work required three years and six months in place of one year and three months as expected. Hence the heavy rates of 15.7 per cent. of the above contingent expenses to prime cost of the J. B. Stillson...... Engineer...... At $2,000 86,500 work. C. 0. Moody...... Book-keeper and architect...... 2, 000 6,500 The above gentlemen also claim payment for the time from the suspension of 18 --Appleyard.. Foreman of iron work: and car- 1,500 4,875 the work, May 22, 1861, up to its resumption, April 23, 1862 (amounting to { pentry ...... $6,552.78). This claim is not included in my statement, though the contractor --McQuatters. Foreman of masonry and labor.. 1, 500 4,875 furnishes the opinion of counsel that he is liable for the amount. 1------·------Tile work done on and the materials furni<>lled for the Baltimore United States Total...... , 22,750 court-house by Mr. Osburn are excellent, fully up to all the requirements of the contract and to his reputation as a conscientious builder; it also must be ad­ mitted that his bargains and transactions were economical and judicious. • Item No. 18, amounting to 522,750, is for salaries to one engineer (J. B. Still­ Considering the length of time Mr. Osburn's money has been disadvanta.­ son), at $2,000 per annum; one book-keeper (C. C. Moody) and draughtsman, geously laid out for the benefit of the Q{)vernment, and the many difficulties and at $2,000 per annum; one foreman for masonry and labor, at 51,500 per annum anxieties he has been subjected to, I should think it but equitable to add a (J. McQua.tters); and one forema n for iron work and carpentry (J. Appleyard), somewhat higher rate of builder's profit than the Department has been in the at S1,500 per annn1:n. habit of allowing to contractors. Sworn measu.rers and standard guide-books These gentlemen had been in the emp1oy of 1\Ir. Osburn for several years pre­ on the value of artificers' work allow builder's profit varying from 10 to 25 per vious to the commencement of the Baltimore court-house, and when he received cent. on contractor's actual expenditures; the Department has heretofore the contract for this work, entered into an agreement with him (copy of which been in the habit of allowing 15 per ~nt., and I think: that in this case the is annexed to this;, according to which they were to assist him at the above rate ought to be increased to 2~ per cent. :rates until the completion of the work. These salaries, paid t~them by N. Os­ If it should be considered that the Department ha"l th6right to adjust N. Os­ burn, were liberal, but not extravagant, and if the work had not been sus· burn's claim, I think that the following condensed statement would exhibit a pended, their total amount would not have exceeded the usual 10 per cent. fair, equitable settlement of his accounts, namely: on prime cost allowed for such services. The contract stipulated for the com­ pletion of the building on or before the 1st of Augq.o;t, 1862. .Actual cost of labor (other than for contingent services) performed on It is probable, if not certain, that the work would nave been completed within and of material fu.rnished for the United States court-bouse at Bal­ that time had it not been suspended by direction of the Department in the spring timore, since the suspension of work, May 22, 1861, until its comple- of1861. tion ...... 5144, 3~4-. 94 Labor and materials were then abundant and of extraordinary cheapness, and Contingent services from J't1ay 1, 1862, to August 1, 1865...... 22,750. 00 continued so throughout 1861 and the first. half of 186~. Twenty per cent. of builders' profits...... 33,414.98 No difficulty was experienced lay, 1862, matters had not materially changed, labor and materials were still low, and a speedy collapse of the rebell­ 202,989.92 ion was then confidently expected. Deduct total of payments made on the above since May 1, 1862...... 100,256.53 To these facts must it be attributed that Mr. Osburn did not decline to resume the work, and that he had made no new arrangements with the gentlemen 102,723.39 named, he bad, under the circumstances, r easons for expecting an early com­ To this should be added the amount for contingent services from May 22,1861, pletion of the work. to May 1,1862, if it should be found tha~ Mr. Osburn is really liable for the same. Unfortunately all these premises should prove fallacious. The failure of the The total amount claimed by the contractor is $126,002.67. 6J32 CONGRESSIONAL RECORD-HOUSE. JULY 14,

The original contract work remaining undone when the work was suspended, Mr. BRECKINRIDGE, of Arkansas. We have had no explanation ]'.fay 22, 18tH, amounted to $91,951.39, and the extra work ordered at yarious times $9,314.96. From this it will be seen that if the account of N. Osburn,' esq., should as to the merits of this claim. I would like to know something about be settled on the basis of the above statement, that the cost (to the Government) it. of the work done since the suspension would be nearly double of its cost at the The CHAIRMAN. The Chair will ask if there is objection to the rates of the contract. The balance of the appropriation remaining available is $17,809.54. Out of present consideration of the bill? this amount $10,962.93 will shortly fall duet{) l\Ie srs. Pottier & Stymus, for fur­ Mr_ BHECKINRIDGE, of Arkansas. I consent that an explanation niture, carpets, matting, and curtains, ordered M ay 12 last, lea ving ~ . 846 . Gl to­ shall be given, subject to the right to object. wards the !in!l.l settlement ofN. Osburn's account. Very respectfully, Air. BAKER, of New York. I wish it distinctly understood that B. OERTLY, Acting Assis!ant Architect. after I ha>e stated all tho facts in connection with the case, if any gen­ J. ROGERS, E q., tleman objectstotheconsiderati on of the bill, I ~n onlysay "Amen," Supervising .A1·chitect, TJ·easul'Y Depa1·lmmt. for I have examined it carefully, and know it to be only right and inst. E X IITBIT E. Ur. TIUOT.tlY J. CAMPBELL. Let me a.sk my colleague if this Sccrela1·y McCulloch to the claimant. bill is not simply for the purpose of giving his constituent a standing JULY 23, 1866. in court and a. day in court? DEAR SIR: Upon carefully looking over the settlement h e retofore made with you upon your claim as cont ractor for the building of the Ba ltimore court-house, :Mr. BAKER, of New York. I can rea.d tha.t portion of the report I am forced to th o conclusion that I haYe no aut hority to alter or waive the pro­ which gives the facts in reference to the ca.se perhaps in less time than vtsions of the release or receipt which you then executed. Nothing could be it will take to explain it. allowed to you under the appropriation act approved April 7, 1866, except it should be certified by the Attorney-General to bele.;al, just, and proper, and he, Mr. BYNUM. I object to the consideration of this bill. There is in an opinion given in another and similar case, as well as in conversation in no use in taking up the time in dis!!ussing it further. regard to your case, seems to have beeu of the opinion that no claim of damages M:r. BAKER, of New York. I want to say that I am sorry to have for the discontinuance of work upon t he building could be legally allowed. The settlement made with. you, proceeding upon this basis, excluded those my friend object without hearing the case. claims for dama~e, allowing you only for work actually done, which was all it 111r. BYNUU. I ha>e heard the case. This party has rocei ved com­ was thought could be allowed under the Attorney-General's opinion, or which pensation, and gave a receipt in full for it. he could certify to be legally due. I can readily conceive that the d iscontinu­ ance of the work caused you actual and real loss, but there seems to be no other Mr. BAKER, of New York. He gave a receipt in full, but tha.t re­ course for you now to pursue except to make application to Congress for relief, ceipt, if the gentleman will examine it, reserves the right to ask Con­ in accordance with. the right reserved in the release wnich you executed. If gress for relief for damages, and reserves the right to prosecute any you desire to pursue this course, withdrawing your letter of the 29th of May last, I shall take pleasure in recommending your application to the favorable claim against the Government. cons ~ deration of Congress. · Mr. BYNUM. I have heard the reading of that receipt. Very respectfully, Mr. BAKER, of New York. Then I know my friend does not mean H. McCULLOCH, Secretary. to insist upon his objection. N. OSBURN, E&J. Mr_ BYNUl\I. I see no reason to withdraw the objection, and insist upon it. Secreta1·y MeOt~Uoch to the chainn,an of tl1.e C01nmittee on Claims. Mr. DAKER, of New York. Will this bill retain its place llpon the TREASURY DF.PA.RTMENT, June 5, 18GG. Calendar? Sm: At the request of 1\Ir. N. Osburn, I desire t{) call the attention of the Com­ The CHAIRMAN. It will. mittee on Claims to his claim for damages, caused by the suspension of work Some time subsequently on the United States court-house in Baltimore, Md., as shown by the papers herewith transmitted, from which it will be seen that while the claimant aban­ Mr. BAKER, of New York, said: I understand the gentleman from doned his rig ht to apply to the courts for damages, be reserved his right to ap­ Indiana is willing to withdraw his objection to the consideration of ply t{) Congress for such compensation as might seem equitable and just. the bill. Very respectfully, H. McCULLOCH, Mr. BYNUU. I will withdraw the objection. Secretary of the Trea$ury. Mr. COBB. I renew it. !Ion. C. DELANO, Chairman Committee 011. Claims, House of Rep1·esentatives. :!'OHN T. ROBEBSON. Mr. KILGORE. 1\Ir. Chairman, in regard to the bill to which I E!econd letter from Socretary MeOuUoeh to the ehairm:m of the Con1.mittee on Claims. .. made objection just now, I find, on talking with some of my friends on TREASURY DEPARTlllENT, January 17, 1807. this side, that it is a meritorious claim, in consequence of which I SIR: On the 5th of June I inclosed for the consideration of your committee withdraw the objection. certain papers in regard to the claim of N. Osborn, contractor for the erection 1\fr. BRECKINRIDGE, of Arkansas. What is the bill? of the United States court-house in Baltimore, 1\Id., for damages for the suspen­ sion of the work by the order of this Department, dated May 10, 1861, which The CHAIRMAN. The Clerk will report the title of the bilL suspension taking place at a time when material and labor was extremely low, The Clerk read as follows: prevented him from taking advantage of the favorable rates then current, and compelled him to complete the building at a time when the prices of both had A bill (H. R. 6494) for the relief of John T. Roberson. mnch advanced, causing, I am satisfied, a material loss to him. The CHAIRMAN. Is there objection to the present consideration It will be seen from the receipt of Mt·. Osburn (a copy of which was trans­ of the bill? mitted) that while the various claims arising under the contract have been finally adjusted, nothing has been paid him for the damages he has suffered Mr. BRECKINRIDGE, of Arkans:u;. Let the bill be read. from the action of the Department aforesaid. Mr. LANHAM- It has been already reported at the request of the - The appropriation for the settlement of his accounts approved April 7, 1866, gentleman fl'Om Tennessee [Mr. McMILLIN]. . did not, in the opinion of this Department, authot'ize any payment whatever for damages. Mr. CARUTH. This is a bill to pay for clerical hire at a consulate. Mr. Osburn having withdrawn his letter of the 29th of May, 1866, and satisfac­ 1\Ir. BRECKINRIDGE, of Arkansas. Very well; I have no objec- torily explained the reasons that induced him t{) sign it, I desire to withdraw non. . the letter of this Department, dated June 11, 1866, in relation thereto, and sub­ mit his claims to your favorable consideration. Tho CHAIRUAN. The bill is before the committee and the ques­ Very respectfully, tion is on the amendments which have been submitted by the Commit­ H. McCULLOCH, tee on Claims, and which have been read. Secretary of the Treasury. Hon. C. DELANO, Chairman Committee on Claims. Mr. McMILLIN. I ·think it is proper to adopt the last amendment, because it has not been the policy of the Government to pay interest. 1\Ir. BAKER, of New York. Now, the officers of the Government, The amendments were adopted. every one of them, without exception, have recommended the payment The bill as amended wa~ laid aside to be reported to the House with of any legal indebtedness existing on the part of the United States a favorable recommendation. Government to this claimant, but the difficulty in the way is the statute of limitations, and the effect of the relea e he gave for the fifty-odd G. W. M'.ADAMS. thousand dollars p~d him. The next b~iness on the Calendar (the consideration of which was Mr. BRECKINRIDGE, of Arkansas. I wish to ask a question of asked by Mr. O'NEILL, of Missouri) was the bill (H. R. 4765) for the the gentleman from New York before consent is given to laying this 1·elief ~f G. W. McAdams. bill aside. The gentleman stated, I believe, that Mr. Howell Cobb, a · The bill is as follows: • member oftbe Cabinet, recommended the allowance ofthe claim. Be it enacted, etc., That the Postmaster-General of the United States is h ereby authorized to relea.'le and relieve George ,V, 1\lcAda ms, postmaster at M ount Mr. BAKER, of New York. No, I stated the contract was made by Pleasant, lowa, and his sureties, of all responsibility and liability to the Gov­ Howell Cobb in July, 1860, when be was a. member of the Cabinet. ernment for funds and property of the Government stolen from said post-office Mr. BRECKINRIDGE, of Arkansas. I did not so understand the on the night of July-, 1885, by burglars: P rovided, That he shall, upon ex ami­ nation, find that such loss was without; negligence, fault, or blame on the part statement. Will the gentleman please explain the release to which he of said postmaster. has referred? Mr. BAKER, of New York. I will read that portion of the report The report (by Mr. KERR) is as follows: Your committee being satisfied that no danger can arise to the Government again. under the provisions of the bill submitting the question of negligence, fault, [The portion of the report referred to by Mr_ BAKER, was again and blame to the Postmaster-General for his determination, recommend tho read.) passage of the bill. Mr. BRECKINRIDGE, of Arkansas. This was in 1860, I believe? The bill was laid aside to be reported to the House with a fuvora.bl~ Mr. BAKER, of New York. Yes, sir. recommendation. 1888 CONGRESSIONAL RECORD-HOUSE. 6333

r • JOHN J. CROOKE. :Mr. McKINNEY. These forty sailors that .lost their entire outfit The next bill on the Calendar (the consideration of which was asked were in the service of the Government. They were in no sense respon­ by Mr. TIMOTHY J. CAMPBELL) was the bill (H. R. 2696) for there­ sible for the sinking of the vessel, and I think they ought to be com- lief of John J. Crooke,. pensated for their loss. . _ The bill is as follows: Mr. KILGORE. I understand, Mr. Chairman, that this statement is made subject to the right to object to the consideration of the bill. Be it enacted, e:c., That the Secretary of the Treasury be, and he is hereby, au­ thorized and directed to pay, out of any moneys in the Treasury not otherwise The CHAIRMA.N. .Certainly. The gentleman from New Hamp­ appropriated, the sum of $1,611.44 to John J. Crooke, for services rendered in shire will proceed. imprinting internal-revenue stamps upon tin-foil tobacco wrappers, from the 1st Mr. McKINNEY. These men, I say, lost their entjre on tfit. They day of July, 1884, to the 7th day of October, 1884. were poor men, and it seems to me perfectly just that they should be The report (by :Mr. KERR) was read, as follows: allowed at least the value of the outfit which they lost. The vessel Your committee report that the bill herewith was referred to the Secretary of lay under the water long enough to destroy entirely everything they the Treasury, and the Secretary refeiTed the same to' the Commissioner, whore­ ported that there was nn equitable claim due the claimant of the amount pro­ possessed. We do not ask that they shall be allowed for anything ex­ vitled in the bill. cept what they absolutely lost while they were in the service of the Your committee therefore recommend t.he passage of the same. Government. Now there is, or there will be, objection made to one Copy of report or letter of Commissioner is here with attached. part of the bill, and so far as that part is concerned I am willing that the bill shall be amended. It iswhereit says, "The widow, child, or TREASURY DEPARTMENT, OFFICE OF INTERNAL REVENUE, children, or in case there be not such, then the parent or parents, or if Washington, January 26, 1888. Sm: In reply to your verbal inquiry at this office yesterday in regard to ap­ there be no parents, then the brothers and sisters, e~c." One gentle­ plication of Mr. John J. Crooke, of New York, for relief from Congress on ac­ man on the floor has stated that he will object to including brothers count of money stated to be due him for imprinting internal-revenue stamps and sisters, and if the committee will permit, I am willing that that upon foil wrappers for tobacco, I have to state that under a contract entered shall be struck out, although if no objection were made to it I would into between 1\Ir. Crooke and this office, and which was in force July 1,1884, Mr. Crooke was entit]ed to receive compensation at the rate ofl4centsper thou­ rather let it stand so--as to avoid the necessity for sending the bill back sand for stamps so imprinted. to the Senate. Upon presentation of his bill for such imprinting for the month of July,1884, Mr. BRECKINRIDGE, of Arkansw. Is there not a provision in the amountmg to $463.74, it was referred August 14, 1884, to the accounting officers of the '£reasury for payment. general law for compensating sailors who lose their effects by accidents , Upon October 18, 1884, this office was notified by the First Comptroller of the of this kind ? Treasury of the disallowance of 1\Ir. Crooke's bill for July, for the 1·eason that the KERR. I understand that there is. appropriation for printing stamps for the year ended June 30, 1885, provided for Mr. the payment for only such stamps as should be printed at the Bureau of Engrav­ Mr. BRECKINRIDGE, of Arkansas. What is it? ing and Printing. {23 Statutes, 204.) Mr. KERR. There is some sort of provision, but what it is I do not It is found on examination .of the records of this office that there is due Mr. Crooke for imprinting stamps, under his contract, the sum of $1,611.45 for.stamps know exactly. imprinted from July 1, 1884, to October 7, 188i, inclusive. Mr. BUCHANAN. I searched for it a year ago, but could not 1\Ir. Crooke entered into a contract for the imprinting of internal-revenue find it. stamps on and after October 8, 1884, without charge or expense to the Govern­ Mr. HOLMAN. There is some provision on the subject. ment. I inclose a copy of a letter addressed by this office, under date of April10, 1886, Mr. TIMOTHY .J. CAMPBELL. Mr. Chairman, .I desire to say that to the honorable Secretary of the Treasury, on the subject of applications of Mr. there are two cases cited in the report where seamen lost their property Crooke for relief from Congress (House bi1ls 734.1, 7342, 7343). I have' no reason and the Government reimbursed them. to change. the recommendations made in that letter. '.rhere are no papers on file in this office which will furnish any information Mr. KILGORE. Those were cases where the· families of the men other than is contained in this communication and that of April10, inclosed. who were lost were reimbursed. Respectfully, yours, Mr. BRECKINRIDGE, of Arkansas. The gentleman from New JOS. S. MILLER, Oommi.ssioner. Hon. TIMOTHY J. CAMPBELL, York is speaking of property now. House of .Reyn·esentatiues, "Washington, D. 0. · Mr. TIMOTHY J. CAMPBELL. Idesiretosay, Mr. Chairman, that Mr. McMILLIN. I wish to ask the gentleman from New York as ifthere ever was a proper and charitable case presented to any Congress to what amount is recommended by the bill? I did not catch the this is such a case, and the claim ought to be paid. The loss of the reading ofit. vessel was not any fault of these men, and they oughtto.be compensated Mr. TIMOTHY .J. CAMPBELL. Sixteen hundred and ele,en dol- for their loss. "' lars. · Mr. BRECKINRIDGE, of Arkansas. What amounts were allowed Mr. McMILLIN. I remember to have investigated the question in to the sailors in the cases which are cited as precedents? the last Congress, when it was before the Committee on Ways and 1\Ir. KERR. The same amount as in this bill. Means, and we found that amount was due. Mr. McKINNEY. The allowance in the bill for each officer is :S 1, 000. There being no objection, the bill was considered, and laid aside to Mr. BRECKINRIDGE, of Arkansas. V\That is it based npon? be reported to the House with a fuvorable recommendatiofl. Mr. McKINNEY. It is based upon the investigation of the facts. The testimony shows that it would require $1,000 to replace their SUFFERERS BY WRECK OF STEAJUER TALLAPOOSA. clothes, their swords, and all the prope1-ty that they lost. That is what Mr. McKINNEY. The gentleman 'from Ohio [Mr. SENEY] with­ the allowance is based upon . . draws his objection to the bill which I presented here awhile ago (S. Mr. BUCHANAN. We passed several such bills in the Forty-ninth 869) for the relief of sufferers by the wreck of tho Tallapoosa. Congress. :Mr. SENEY. If it be the desire of the Honse to consider at this Mr. BRECKINRIDGE, of Arkansas. I think that is a very liberal time the bill called up by the gentleman from New Hampshire [Mr. allowance for personal effects. This kind of legislation carries the Gov­ McKINNEY] I will withdraw my objection. ernment into the insurance business, and if officials take with them to The CHAIRMAN. Is there further objection? sea more than is necessary for the actual service, I do not belie>e that Mr. COBB. Yes, sir. the Government ought to insure their property. I suggest therefore to :Mr. BRECKINRIDGE,.of Arkansas. I ask that the gentleman be the gentleman from New Hampshire [Mr. McKINNEY] that he letthis permitted to make a statement, subject to the rjght to object to the allowance for the officers be fixed at $500, which perhaps may not cover consideration of the bill. all the property they lost, but will cover it so far as the Government :Mr. LONG. Regular order. could reasonably be expected to incur risks for their benefit. The CHAIRMAN. The regular order is demanded. The Clerk will .Mr. 1\IcKIN"".NEY. If the committee d"o not object, I am willjng to report the next bill. have the bill amended in line 13 by striking out ''one thousand'' and The Clerk read as follows: inserting '':five hundred.'' That will make the allowance to each officer A bill (H. R. 4573) to provide for the adjustment of the accounts of Edwin A. $500. Merritt. [Cries of "Vote!" "Vote!"l Mr. LONG. I withdraw the demand for the regular order. The CHAIRMAN. The gentleman from Alabama [Mr. CoBB] is rec­ Mr. KERR. I wish to say in regard to the bill called up by the gen­ ognized. tleman from New Hampshire, that it was carefully examined by the 1\Ir. COBB. I have been trying to get in a word on this matter for committee, and that there are precedents for it. We examined testi­ some time. I think this bill is wrong in principle. The gentleman mony and found that the amounts allowed these various mem hers of from New York [Mr. TIMOTHY .J. CAMPBELL] bit the nail squarely the crewwassimplythevalue of their outfit, which was inevitably de­ on the head when he said awhile ago that it was a very charitable case. stroyed when the vessel went down. That is what it is, and that is the whole of it. Mr. HOLM".A.N. What was the outfit? Mr. LANHAM. He did not use the word'' charitable" in the same Mr. KERR. A thousand dollars for each of the officers. sense that you do. Mr. HOL"~iAN. But what did that cover? Mr. TIMOTHY .J. CAMPBELL. No, I did not mean it in that Mr. KERR. It covered in each case about a dozen suits of clothes, sense. [Laughter.] These men were in the employ of the Govern· epaulettes, hammocks, and everything of that kind-the whole para­ ment, and if the Secretary of the Navy had ordered that vessel to the phernalia of a naval officer. most dangerous point on the ocean they would have had to obey orders. Mr. McKINNEY. There were forty of these sailors. Mr. COBB. Certainly. Mr. KERR. There were four officers and forty sailors. Mr. TIMOTHY J. CAMPBELL. And they did obey orders, and

...- 6334 CONGRESSIONAL RECORD-HOUSE. JULY 14, the result was that they l'llst all their proporty and very nearly lost mote from his home. He claims that he was compelled to expend the sum of $373 In order to reach his home (Washington, D. C.) from Sitka, Alaska, where their lives. The chief engineer was about nine- houra in the rigging he was dtSinis ed. before he was taken off by a schooner. Furthermo!'e, they were com­ The _cause of his dismissal was "failure to pass the professional ex:amina.tion" pelled by Jaw to have a certain amount of clothing: and equipment at­ prescr1bed by the Trea ury Department. It will be observed that after he had reported to 'Vashington for such examination, and l1ad undergone the same, he tached to their po itions in the Navy when they went to sea. That was o rdered for duty to the Pacific coast. He was discharged from the date of statement was made and verified before the Committee on Claims, not the receipt of the letter. llad he been dischar6ed while at the most distant only before the subcommittee, but before the full committee. point while on the ernise to Alaska, it would seem that equity and fair dealing Mr. POST. :Mr. Chairman, is this bill under consideration? to thfs officer would entitle him to transportation to bi home. He claimed his traveling expenses from the Treasury Department. The answer of the De~ The CHAIRMAN. It is not. This entire proceeding is by unani­ partment was: mous consent. Is there further objection to the consideration of this "That he (Hansell) was dropped from the service at Sitk::~o, Alaska, and that bill, in view of the statement of the gentleman from New Hampshire no authority for traveling expenl!es was contained in the Jetter of the Depart­ ment sent .to him at the time; there is accord in~ly no lpgo.l basis for his claim." [lli. McKINNEY] as to the amendments which he is willing. to have The committee are of th~ opinion, while there may be no legal basis for the made? claim, that. justice dem:1nds that he be paid his actuat nnd neces ary traveling Ur. COBB. If the Chair will indulge me a moment, it is not ex­ expenses from Sitka, Alaska, to his home at Washington, D. C. Your committee recommend that the bill be amended ll.S follows : .After the actly fair to members of this Honse to call upon them to make these word •· dollars," in line 7, insert the words "or so much U1ereof as he may find peremptory objections without giving them an opportunity to state their to be required to pay tho nee a.ry and actual traveling," and in line 7 strike out the word" for," and after the word "dollars." in line 10, insert the words reasons. "o1· so much thereof as shall be necessary," and that, when so a.mended, recom· It puts them in a bad position, and the moment an objection is mend that the bill do pass. made the objector is surrounded by gentlemen specially interested, so There being no objection, tho Committee of the Whole House pro~ that he can not hear what is going on bec.ause of the appeals that are ceeded to the consideration of the bill; which was laid aside to be · re~ made to him. It puts a member in a false attitude. Now~ everything ported to the House·with the recommendation that it do-pass. that the gentleman from New York has said may be true-- Mr. TIMOTHY J. CAMPBELL. It is true . . A. C.. Bll.ADFORD. l\Ir. COBB. It may be true that this was a dangerous enterprise, Mr. THOMPSON, ~f California. I desire to call up the bill (H. R. but these men entered upon it knowing the danger and the l'esponsi­ 649) for the relief of A. C. Bradford. This bill has been already bility. This bill simply proposci; that the United States Government reached on the Calendar this evenipg. shall become an insurer of the property of officers of the Navy. That The CHAIRMAN. The bill referred to by tho gentleman can only is the wholeofit: be recurred to by unanimous consent. Is there objection? The CHAIRJ\f.A.N. Does the gentleman object? There was no objection. Mr. COBB. Yes, sir. .I object. The bill was read, as follows: The CHAIRMAN. The Clerk will report the next bill Be u enacted, de., That the Secretary of the Treasury be, and he i!' hereby, authorized and directed to pay A. 0. Bradford, late a judge or the thirteenth GEORGE F. ROBERTS AND OTHERS. judicial district in the State of California, out of any money in the Treasury not otherwise appropriated, the sum of $487.55, which snm was assessed as the in~ The next business on the Private Calendar reported from the Com· come tax, and was collected from and paid by him to the Government of the mit tee on Claims l called up by Mr. IIow A.RD) w::~ the bill (H. R. 2127) United States, upon his salary as such district judge for the years 1868 and1 . for the relief of George F. Roberts and others. such tax having been declared illegal and unconstitutional by the Supreme The bill was read. Court of the United States. Mr. WASHINGTON. Let us- hear the report, subject to objection. The report (by Mr. TAULBEE) is aa follows: J\Ir. FINLEY. I object to the bill. The sum stated in the bill is the amount of income tax ns es ed on the saLtry l\Ir. HOLMAN. I hope before objection is made the report will be of claimant as district jud~te of the thirteenth jmlicial district for the State of California for the years lls69 and 186S, and paid by him. The tax -u:as illegal read. and unconstitutional, hence the committee recommends the passage of the bill. The CHAIRMAN. The report covers six pages. Mr. HOL1.1Al.~. Peihaps the chairman of the committee can explain The CHAIRMAN. Is there objection to the present consideration of the case bri.eflv ~ this bill? The CHAIRMAN. The gentleman from Kentucky [Mr. FINLEY] l\Ir. WASHINGTON. Idonotknow that! shall object; bntlwould has objected. like to ask a question or two, reserving the right to object. I see this GEORGE B. HA TSELL. bill proposes to refund income tax on the ground that the tax: was de­ clared unconstitutional by the Supreme Court of the United States. I The next business on the Private Calendar reported from the Com~ wish the gentleman in charge of this bill would state. whether the court mittee on Claims (called up by Mr. VooRHEES) was the bill (H. R. so decided betore this tax was asseS?ed and collected, or whether this 5336) for the relief of George B. K'Ylseli. gentleman stands in the same category with thousands of other people The bill was read, as follows: who paid the income tax. · Be it enacted, de., That the Secretary of the Treasury be. and he is hereby, au· :Mr. KERR. I believe the committee has adopted the rule of report- thorized and directed to J!>BY to George B. Hansell, of Washington, D. C., the sum of $373, or so much thereof as he may find to be required to pay the neces~ ing in favor of rep\1-yment in all cases of this kind where a claim is filed. sary and actual traveling expenses incurred ~Y him in traveling from Sitka, Mr. HOLMAN. Was this ajndicial officer? Alaska, t<> Washington, D. C., after his discharge from the United States reve~ nue·marine service in 18i0; and that the said sum of $373. or so much thereof as Mr. FELTON. Yes, sir. shall be necessary, 1oe appropriated for the purposes of this act. Mr. W A.SHINGTO~. I am waiting for an answer to my inquiry. 1\Ir.-SENEY. I ask for the reading of the report. I must object, unless some one can answer the question. Mr. VOORHEES. If the gentleman will allow me, I can state briefly Mr. FELTON. I can only state to the gentleman that this tax was the single point embraced in this case. · declared by the Supreme Court of the United States to be unconstitu­ 1\1r. SENEY. I much prefer to have the xeport read. tional ; and in cases of this kind which have come before the House, The report (by Mr. SH.A.w) was read, as follows: bills for refund of the tax have invariably been passed; I have never This bill was favorn.oly reported by the Committee on Claims to the House of supposed that the Government of the United States desired to take the Representatives during the :fu:st session of the Forty-ninth Congres . That re~ money of the citizen in an unlawful or unoonstitutional manner. In port so fully sets fol'th the facts upon which the claim is based, that your com· this instance the claimant happens to be a poor man, and is in need of mitlee adopt said report and make it part hereof, and recommend that the bill the money. _ do pass. · M:r. WASHINGTON. The gentleman has not answered my qnes~ The Committee on Claims, to whom was referred the bill (H. R. 2915) for the tion. I am not asking whether the beneficiary in this case is a rich or relief of George B. Hansell, having carefnlly considered the same, report: a poor man, or anything of that kind. .My question is whether this 'l'hat the claimant in 1862 was a resident of Washington, D. C., and was com­ mis ioned third lieutenant in the United States revenue-marine service. In tax was declared illegal before it was collected aud paid in this in­ 1867 he was made a second lieutenant in the same service; that while serving stance? as such second lieutenant he was ·ordered to report to Washington, D. C., for Mr. HOUK. I think this. matter can be readily explained. As I examination and promotion. He reported for examination; afte the examina­ tion he was ordered to report for duty to the United States revenue-cutter Reli­ understand, after the Supreme Court declared the income tax on sala­ ance, then on the Pacific coast. These orders he obeyed. ries of State officers unconstitutional, a statute was passed by Congress 1n Sept-einber, 1870, while returning in the Reliance to Sitka, Alaska., from a providing for a refund of the tax; but there was a limitation of time Cimise in the Arctic Wllters, be found awaiting him a letter from the Secretary of tbe Treasury dismissing him from the service. That letter was as follows: within which claims must be filed. In this case, from some cause the man did not make his application within the pre cribed time, and the TREASUE.Y DEPARTMENT, Jul.y 19, 1870. is Sm: Having failed t<> p!lS3 the professional examination prescribed by this object of this bill simply to relieve the claimant from the bar created D epartment, and the Senate of the United States having confirmed the nomi· in that way. nation of your successor, I am directed by the President to inform you that your 1\fr. WASHINGTON. If 'this man comes in that category, I have commission as second lieutenant in the Revenue-Cutter Service of the United States is revoked, and your services as such will cease and terminate with the no objection. receipt of this letter. There being no objection, the Committee of the Whole House pro~ I am, very :respectfully, ceeded to the consideration of the bill; which was laid aside to be re~ GEO. S. BOUTWELL, Secretary of the Treasury, ported to the House with the recommendation that it do pass. Second Lieut. G. B. HA..."fSELL. SUFFERERS :BY THE WRECK OF THE STEA.l\IER TALLAPOOSA. Revenue-Cutter .Reliance, Sit1Ga, Alaska. 1\Ir. COBB. I call up for consideration the bill (S. 869) heretofore Lieutenant Hansell thus found himself discharged at a point distant andre~ called up by the gentleman from New Hampshire [Mr. McKINNEY], . ,.

1888. OONG.RESSIONAL REOO~HOUSE. 6335

who will move certain amendments to it to remove objectio~ hereto- So it will read: fore made. .. SEC. 2. That the widow, child, or children: of those in the service who were The CHAIRMAN. The bill will be read. lost in the wreck of the United States steamer Tallapoosa, etc. The bill was read, as follows: The amendment was agreed to. Be 1.1 enacted. etc., That to reimburse the survivors of the officers and crew of Mr. McKINNEY. I now move that the bill as amended be laid aside the United States steamer Tallapoosa, wrecked at Vineyard Sound on the night to be reported to the House with the recommendation th.at it do pass. of the 21st of August, 188-!, for the losses incurred by them, respectively, in said The motion was agreed to. wreck, there shall be paid, out of any money in the Treasury of the United States not otherwise appropriated, the following sums, namely: To John F. House bill 438 was reported to the House to be laid upon the table. Merry, lieutenant-commander; 'Villiam H. EveTett, lieutenant; Frank E. NEHE:l!IAH OSBUR.N. Beatty, lieutenant, junior grade; Nathan P. Towne, passed assistant engineer; W. B. 'Vhit.tlesey, ensign; 0. C. Tiffany, passed assistant paymaster, eflch 81,000. Mr. BAKER, of New York. I call up for consideratiorythe bill (H. To Hugh Kuhl. mate; JamesW. Baxter, mate; L.B. Ga.llagher,mate; Leonard R. 464) for the relief of Nehemiah Osburn. Hanscom, carpenter; James Bishop, junior, pay clerk; Thomas B. Kra.mer, apothecary, each S'i'OO. To Lieutenant W. H. Jaques, for loss of portion of naval The bill was read. ·uniform, includingepaulettes, sword, sword-belt, sword-knot, andsoforth,$150. . Mr. McMILLIN. Mr. Chairman, I have listened to the reading of To all the survivors of the crew, namely: Joseph Arnold, first-class fireman ; the report in this case, and also to the reading of the bill. I would William A. Brooks, landsman; J. G. Baker, blacksmith; Charles E. Brown, steward to commander.:tn-chief; John W. Brown, jack·of-the-dust; Thomas have been glad to have found some ground upon which this .claim Brooks, coal-heaver; William R. Burke, bayman; Moses G. Berry, second­ could go thr.ough. I will take one minute to state to the committee class machinist; James E. Booth, coal-heaver; Moses H. Baker, wardroom · the reason why I shall insist upon my objection. steward; Smith Berry, landsman; Albert Beyer, ordinary seaman; John C. Conway, ship's corporal; William H. Chri~tian, ordinary seaman; Charles G. The contract in this case was _Qrawn for the very purpose of prevent­ Carlson, carp~nter's mate; John Carter, ordinary seaman; Charles H. Coates, ing recourse to the courts as is now proposed. And w bile this claim landsman; T1mothy J. Campbell, coal-heaver; '£hom as Condon, coal-heav~ · may not be for a large amount of money, nevertheless it may establish George E. Dodge, landsman; John F. Dugan, quartermaster; William Dm: ning, first-class fireman; Clarence D. Dronenburg, coal-heaver; Peter Duffy, a precedent which will lead to opening up cases arising out of the con­ first-class fireman; Robert H. Dickinson, cabin steward; William E. Den­ struction of gunboats and in reference to other matters during the war more, landsman; Joshua Davis, landsman; James D'Aroy, ordinary seaman· which may involve millions of dollars. • ~dward DelJ?h• ordinary seaman: Ja~es Dalhanty, second-class fireman; Pat~ l'lckEagan, first-class fireman; DenniS Faley, landsman; John Fowler, ship's The President has vetoed during this very Congress a case of this yeoman; Charles F. Fugett, second-class fireman; Charles Har, ordinary sea­ character, and for reasons which are sound. The action proposed by man; David Harrington, first-class fireman; JohnHughes,boatswain's mate· this bill I believe to be one of doubtful expediency, and in view of the Thomas Hubert, ship's cook; Thomas Howell, first-class fireman; Alexande; Hutton, first-class fireman; Daniel '-V. Hickman, cook to commander-in-chief· dangerous results to which it may lead I am compelled to insist upon • Benson Humphreys, coal-heaver; Andrew Hahn, chief quartennaster; Gustaf my objection. Huldt, seaman; John Jones. ship's write~; Jacob Jacobson, seaman;. Richard P. GOUGH EDELIN. H. Johnson, landsman; William E. Jones, landsman; William Johnson, ordi­ nary seaman; James F. Kelley, landsman; William G. Kidd, lamp-lighter; The next business on the Private Calendar was the bill (H. R. 6753) John J. C. Koch, seaman; Patrick H. Kane, coal-heaver; .John Kinnoe, ordi­ for the relief of P. Gough Edelin. nar~ seaman; George H. Lee, ·landsman; Fillmore Lewis, ordinary seaman; Damel Lane, landsman; Andrew A. Lund, seaman; James Letford, coal­ The bill was read, as follows~ beaver; John J. Leonard, coal-heaver; Jacob W. Leer, pay yeoman; Thomas Be i~ enacted, etc., That the Secretary of the Treasury be, and he is hereby, di­ Murphy, captain of forecastle; John McDermott, captain of holteward; Daniel McCarthy, coxswain ; Patrick Morgan, cap­ 109066, for $2,205.06, presented to him by her, payment of said check having tain of after-guard; James McCann, coal-heaver; Jacob 1\lillel', landsm an since been refused at the United States subtreasury in Baltimore upon the Jules McLean, ordinary seaman; Felix Mackinsten, ordinary seaman; Mich ground that. the said Taliaferro wa.s erroneously pensioned under certificate ael O'Neil, second-class fireman; Timothy O'Reilly,first-clnss machinist: Peter 3094 (Navy). Ostersen, chief gunner's mate; August Ohlinsen, master-at-arms; Patrick O'Brien, second-class fireman; Arthur O'Brien, 'Coal-heaver; Joseph Pad-· The report (by 1\!r. SHAw) was read, as follows: more, ordinary seaman ; Marshall Parker, landsman; John H. Palmer, cabin.. The Committee on Claims, to whom was referred the bill {H. R. 6753) for tha cook; James H. Richmond, painter; Horace Riley,ship'sbarber; William J. relief of P. Gough Edelin, report: Redimaker, seaman; William E. Rockett, landsman; George C. Rees, ordinary '!'hat they find n. favorable report was made on this claim by the Committee seaman; Frank Sherman, ordinary seaman; Fred. Scharff, bugler; JamesO. on Claims during the first session of the Forty-ninth Congress. That repor~ so Smallwood, first-class fireman; Amandas Straub, chief boatswain's mate:; Ed­ fully sets forth the facts upon which the claim is based that your committee ward Shanklin, coal-heaver; Alex. H. Sewell, quartermaster; Frank Smail, sea­ make it part hereof, aJt.d recommend that the bill do pass. man; Henry K. Steever, first-class machinist; Charles F. Scott·, coxswain to commander-in-chief; Patrick Sweeney, captain of forecastle; Edward Small, · The Committee on Claims, to whom was referred the bill {H. R. 8698) for tho landsman; J.D. Skidmore, landsman; Christian A. Simon, landsman; Frank relief of P. Gough Edelin, make the following report: Sullivan,laudsman; Peter Thompson.coxswain; George Tinker,steerage cook; This is a claim for money advanced upon a draft issued by the proper officer John Thompson, seaman; Herbert S. Trueman, captain of after-guard; Clar­ upon the subtreasurer at New York, in payment of a cTaim of one Nicy Talia- - ence D. Tippitt, second-class fireman; Daniel Tinsley, landsman; Jan C. Tinn­ ferro fol' pension. Alter said draft was issued it was discovered that the said man, ordinary seaman; James Taylor, seaman; William .J. Turner, coal­ Taliaferro was erroneously pensioned, and payment of the same was refused beaver; Samuel W. Wells, engineer's yeoman; Isaac Williams, coal-beaver; upon presentation. 1\Iurray Williams, coal-heaver; Fred. Williams, landsman; Andrew White, The utter inability of the recipient of this advance to make good the same wardroom cook;. Charles Williams, ordinary seaman; Oscar Westerholm, 86a­ ' renders it incpmbent upon the Government to indemnify 1\lr_ Edelin against; man; Henry H. Walker, first-class machinist; each$100. all loss caused by its own error and mistake. Sxc. 2. That the widow, child, or children, or in case there be not such, then Wherefore your committee reco.mmend the passage of the accompanying the parent or parents, and if there be no parents, the firotheTS and &isters of those in the service who were lost in the wreck of the United States steamer bill. Tallapoosa, namely, Clarence E. Black, passed assistant surgeon; William There being no objection, the bill was laid aside to be reported to O'Donnell, seaman; George A. Foster, landsman, shall be entitled to and shall the Honse with the recommendation that it do pass. .· receive, out of any money in the Treasury of the United States not otherwise .appropriated, as follows. to wit: The relatives in the order named. of the per­ Mr. WEAVER. A draft was sent to this pa:rty for $250 from the sons connected with the United States steamer Tallapoosa he.reinbefore referred Pension Bureau. Whatever faults there are in this matter arose out to, a sum equal to twelve months' sea-pay bf each person lost: Prot-'ided, That of the laches of the Government officers, and it is only just this bill the legal representatives of the above deceased persons who were in the seTvice of the Government shall also be paid frQm the Treasury o! the United States should pass to refund the amount to Mr. Edelin. any arrears of pay due said deceased at the time of their death: And protrided ORDER OF BUSINESS. further, That there shall be deducted from the sums allowed each of the parties named in this act whatever amounts may have been paid them under the pro­ ].!r. LANHAM. It is now nearly a. quarter past 11 o'clock, and we' visions of existing law. have several bills to be acted upon in the Honse. SEc.3. That the propel' aceountingofficersoftheTreasury ofthe United States be, and they are hereby, authorized and directed to sett.le. upon principles of Mr. BYNUI\L Let us go on a little while longer. justice and equity. the accounts of the officers and crew on board the said vessel :Mr. CARUTH. We can not rise now; I have a. bill I want to pass. when wrecked, and to assume the last quarterly return of the paymaster of said Mr. HOLMAN. It is getting quite late, and it is very hard npon vessel as the basis of computation of the subsequent c?edits to those on board to the date of such loss, if there be no evidence to the contrary. the reading clerks and the officers of the House generally. It is very oppressive. I am entirely impartial in the matter, but I think in jus­ 1\!r. McKINNEY. I move in line 13 to strike out "one thousand" tice to the officem of the Honse I should make a motion for the com­ and insert ":five hundred;" so it will re.ad: mittee to rise. Passed assistant paymaster, each $)00. Mr. LANHAM.. If the gentleman will withhold ihat motion I w111 The amendment was agreed to. • ·make it myselfin a few moments. Mr. McKINNEY. I move to strike out the words "brothers and Mr. HOLMAN. Very well. sisters n in the second section. WILLIAM KNOWLAND. 1 lli. BYNUU. I wish also to strike out ''parents ' before the words The next business on the Private Calendar (the consideration of which cc brothers and sisters." was asked by Mr. KERR) was the hill (H. R. 2686) for the relief of Mr. COBB. The question first ·recurs on the ·motion to strike out "brothers and sisters." William KnQW land. Illr. BYNUM. I move as amendment to that to strike out "par­ The hili was readt as follows: Be it enacted, m., That the Secretary of the Treasury be, and he is he?eby, di­ ents," :tnd on my motion I demand a division. rected to pay to William Knowland~ of New York City, out of any money in the Mr. McKINNEY. I will accept the amendment of the gentleman Treasury not otherwise appropriated~ the sum of $193.17, being balance due for from Indiana. I move to strike out the words in the second section, services as messenger to the Committee on Expenditures in the DepartmeDt of as follows: Justice in the Forty-eighth Congress. Or in case there be not such, then the parent or parents, and. if there be no The report (by Mr. KERR) was read, as follows: parents the brothers and sisters. · That in the year 1884 claimant was employed by the Committee on Expend!-

/ · " 6336 CONGRESSIONAL RECORD-HOUSE~ JULY 14,

tures in the Department of Justice from September 6, 1884, to October 22,1881, Government, there must be some uncertainty tn spite of all tne care that can be d uring recess. a t the r ate of 8125 per mon th, under resolution of January 21, taken. As to the fact that ho has some claim there can be no dispute, because ] 884. That said claim was not paid, for the reason that there were not sufficient the materials-sand, gravel, broken stone, and bowlders-which he contra cted funds to the credit of said comm ittee to pa.y him. to remove were underlaid in some parts by a hard clay very d ifficult to dredge, th!~w~mmittee therefore recommend that the bill p~s for the payment of and which was not specified in the contract.' "Colonel Newton has made, at the request of your committee, two computa­ tions of the amount to be paid to the claimant in full satisfaction. The first is There being no o"Qjection, the bill was considered and laid aside to upon a basis of a payment for the use of his dredge and scows used, and of the be reported to the House with favorable recommendation. wng es o f the men required to handle them, with the other expenses incident to theil" use. Upon this basis he finds the amount to be paid to the claimant to be DAVID A. HAYWOOD. · $1.1,769. Subsequently Colonel Newton submitted another estimate based upon payment to the claimant for the ordinary w ear and repair of machinery, wages The next business on the Private Calendar (the consideration of of the men employed, with interest upon the value of the dredge, scows, and which was asked by. Mr. BYNU.l\I) was the bill (H. R. 3132_) for there­ other materia l used in the prosecution of the work, to which he adds $1,000 for lief of David A. Haywood. the services of the claimant. Upon this basis he makes the amount to be paid ~7,245. The bill was read, as follows: "This computation leaves out all compensation for the use of property of the Be it enacted, elc., That the Secretary of the Treasury be, and he is hereby, au­ claimant in the prosecution of this work for a period of sixteen months, which thorized and directed to pay to David A. Haywood, of Indianapolis, Ind., the is valued at the sum of$16,500, and for $18,471 advanced and paid out by him in sum of $350.32, for grading and bowlding Market street, in said cityJ in front o the prosecution of the work (in aU, the sum of $34,971), excepting 6 per cent. in­ the post-office and court-house building, as per estimate made by tne civil en terest on his said disbursements and on the sum at which the property u sed was gineer of the city of Indiauapolis; and a sum sufficient therefor is hereby ap· v alued.- This, your committee think, is not just, because it is apparent that 6 propriated out of any moneys in the Treasury not otherwise appropriated. per cent. interest upon the value of such property is not sufficient compensation for its use. The property is used up and destroyed by its use; and this com­ JHr. LANHAM. I made the report in this case, and have investi­ pensation makes no allowance for the rapid depreciation and final loss of the gated it thoroughly. I know it to be a meritorious case. property. M:r. BUCHANAN. Is it not a fact that the Committee on Appro­ Jt. is well understood that vessels of this kind become of little or no value for use after a period of twelve or fifteen years, and if the owner receives but 6 per priations have rejected similar bills for paving and grading around cent. interest on his investment for fifteen years and then suffers a loss of the publi-c buildings? sum invested, his inYestment can not be considered a profitable one. It is also Mr. BYNUU. They can not include them in appropriation bills. manifest that no man can afford to invest $16,500 in dredges and scows and run them upon a work of this character for sixteen months at an expense to himself Mr. llUCJI.ANAN. But every claim of that kind has been objected of $18,471 and receive as compensation only the sum of 81,000 for his services, to. with interest at 6 per cent. on his capital invested and money advanced, with Mr. 0 ' NEILL, of Missouri. I beg the gentleman's pardon; they payment of his cash advancements. Your committee are ot opinion that thereshouldbe added to this last estimate have paid for paving constantly. of Colonel Newton the sum of $1,200 as a further compensation for the claim­ Mr. BUCHANAN. I beg the gentleman's pardon; I know what I ant's services, use of his property, and interest upon his disbursements, mak­ am saying. ing in all the sum of 88,445, to be paid to him in full satisfaction of his claim, .Mr. 0' NEILL, of Missouri. That the Government has not paid for and they therefore report the accompanying bill, and recommend that it do pass• paving around the public buildings. There being no objection, the bill was laid aside to be reported to .Mr. BUCHANAN. I mean precisely that. the House with the recommendation that it do pass . M:r. O'NEILL, of Missouri. I know that I have collected from CHESAPEAKE BANK, BALTil\IORE. Congress for paving around the public buildings in St. · Louis. 'rhe next }:msiness on the Private Calendar (the consideration of which " ~ Ir. BUCHANAN. Then you have been unusually lucky. was asked by Mr. llouK) was the bill (H. R. 4531) for the relief of the The CHAIRMAN. Is there objection to the consideration of the CheSapeake Bank of Baltimore, .Md . b iJI? :M:r. LANHAM. I move that the committee now rise. There was no objection. Mr. FINLEY. Before that I would like to ask unanimous con­ The bill was ordered to be laid aside to be reported to the House sent-- with the recommendation that it do pass. Mr. CARUTH. I hone the committee will not rise. · I ask the con­ J. B. JONES. sideration of a bill which is the next on the Calendar. [Cries of'' Regu­ The next business on the Private Calendar (the consideration of lar order!"] The CHAIRMAN. The regular order is on the motion that tho which was asked by Mr. HoPKINS, of Virginia) »'as the bill (H. R. 4201) for the relief of J. R. Jones. committee now rise. The bill was read, as follows: The committee divided; and there were-ayes 15, noes 14. Before the announcement of the vote, Be it enacted, etc., That the Secretary of the Treasury be, and js hereby, au­ thorized and directed to pay to J. R. Jones, out of any moneys in the Treasury J\lr. O'NEILL, of Missouri, said: I will withdraw my vote in t.he not otherwise appropriated, the sum of eighty-four dollars and fifty-one cents. affirmative, and vote in the negative so as to gi'\"e the gentleman from There being no objection, the bill was considered and laid aside to Kentucky a chance to get his bill in. be reported to the House with the recommendation that it do pass. So the motion was rejected. Mr. HOUK. I now demand the regular order-the consideration of JAMES CALEB. the bill the title of which has just been read. The next business on the Private Calendar (the consideration of which The 'Qill was read at length. was asked by Mr. BOWDEN) was the bill (H. R. 2661) for the relief ot The CHAIRMAN. Is there objection to the present consideration J ames Caler. of the bill? The bill was read, as follows: :M:r. HOLMAN. I think the report should be read. Be i t enacted, etc., That the proper accounting officer of the Treasury of the Mr. LANHAM: It will take a long time to read the report and the U uited States be, and be is hereby, authorized and directed to pay to James Cnler, of Stamford, Conn., the sum of $8,445, for work done by him under acon­ officers of the House have a great deal of work to do after the House trn.ct with the United States in the dredging and excavation of the bar at Ruth­ adjourns. Much work has been done in committee, and it is now near erford Park, in the Passa ic River, New Jersey. 12 o'clock; so I move that the co,mmittee rise. .Mr. HOLMAN. How much is involved in this claim?. Mr. CARUTH. We have not had any intervening business. Mr. BOWDEN. Eightthousandfourhundredand forty-five dollars. The CHAIRMAN. A bill has been called up. .Mr. HOLMAN. There should be some statement, or else the report The motion was agreed to, there being on a division-ayes 22, noes 9. should b~ read. Mr. FINLEY. I ask unanimous consent to call up a bill. Mr. McMILLIN. I call for the reading of the report. The CHAIRMAN. The Chair can not entertain a request now. The The report (by Mr. BOWDEN) was read, as follows: committee determines to rise. The Committee on Claims, to whom was referred the bill (H. R. 2661} for the The committee accordingly rose; ·and Mr. McMILLIN having taken r elief of James Caler, submit the following report: the chair as Speaker pro tempm·e, Mr. DocKERY reported that the Com­ That the committee, finding t.he bill favorably reported by the House commit­ tee at the third session of the Forty-fifth Congress, adopt the same, as follows: mittee of the Whole House, having had under consideration the Pri­ "That on the 25th day of June, 1873, the petitioner entered into a contract vate Calendar, had directed him to. report sundry bills with various with the United States of America for dredging and excavating the bar at .Ruth­ recommendations. erford Park, in the Passaic River, New Jersey. For this work he was to receive, when it was completed, the sum of $14,500. The work has been completed ac­ • The SPEAKER pro tempore. The Clerk will report the first bill. cording to the requirements of the contract. In the specifications, which were Mr. HOLMAN. Mr. Speaker, it is quite late, and I suggest that by made part of the contract, the material was represented as consisting 'of loose unanimous consent the previous question be ordered upon the final stones, bowlders, sand, aud gravel.' After quite a large part of the work had been done it was discovered t hat the remainin g portion of the material to be re­ passage of these bills. :moved"consisted in part of a hard blue clay and hardpan, the removal of which The SPEAKER pro temp01·e. The Chair will state that that can not was attended with an expense much greater than would. have attended there­ be done, as they are separate measures. moval of such material as the contract specified. For tbis extra expense 1\Ir. Caler claims compensation. · M:r. HOLMAN. The previous question can be ordered upon the "Lieut. Col. John Newton, who was engineer in charge of the work, and who final passage of each bill. l'epresented the United States in making said contract, and executed it for them, The SPEAKER pro tempore. It will take but-a very short time to admits that there was a mistake made in the description in the contract of the character of the material to be removed, and that the claimant is. entitled to some dispose of the bills separately. relief; and your committee are of that opinion. Theql.\estion as to the amount BILLS PASSED. that should be allowed him in full compensation is one of some difficulty. "In a communication addressed to your committee, dated May 1,1878, he says: Bills of the following titles, reported favorably from the Committee ~In arriving at a conclusion as to the extent of Mr. Caler's claim against the of the Whole, were severally ordered to be engrossed, and read a third 1888. CONGRESSIONAL RECORD-HOUSE. 6337 time; and being engrossed, they were accordingly read the third time, Mr. LAlli~ AM. This gentleman assisted the district attorney of the and passed: United States court at Graham in the prosecution of some alleged train­ A bill (H. R. 5539) for the relief of John J. Coughlin; robbers. The report is somewhat lengthy, and I will only read what A bill (H. R. 5853) for tbe relief of Daniel Bond; the district judge says in regard to this claim: A bill (H. R. 4765) for the relief of G. W. McAdam; I cordially and earnestly approve this account. The case was one in which •• A bill (H. R. 2696) for the relief of John J. Crook~; any district attorney would need assistance. l\Ir. Arnold ably assisted. ·- By any standa.rd known to good lawyers 51,000 is a reasonable fee for the service per­ A bill (H. R. 5336) for the relief of George B. Hansell; formed. A bill (H. R. 649) for the relief of A. C. Bradford; A. P. McCORMICK, A bill (H. R. 6753) for the re1ief of P. Gough Edelin; UaiUd States District Judge. A bill (H. R. 2686) for the relief of William Knowland; There being no objection, the Committee of the Whole House was dis­ A bill (H. R. 3132) for the relief of David A. Haywood; and charged from the further consideration of the bill; and th~ House pro­ A bill (H. R. 4201) for the relief of J. R. Jones. ceeded to consider the same. ZEB WARD. The bill was ordered to be engrossed and r_ead a third time; and being The bill (S. 321) for the relief of Zeb Ward, reported favorably from engrossed, it was accordingly read the third time, and passed; the Committee of the Whole, was ordered to a third reading; and it Mr. LANHAM moved to reconsider the vote by which the bill was was accordingly read the third time, and passed. passed; and also moved that the motion to reconsider be laid on the The bill H. R. 68, of the same title, was laid on the table. table. .A.. B. NORTON. The latter motion was agreed to. l\I~ V. B. SUTTON. The bill HJ~ R. 4805, reported from the Committee of the W11ole, was laid on the table. Mr. FINLEY. I ask unanimous consent for the present considera­ JOHN T. ROBESON. tion of the bill (H. R. 5144) for the relief of M. V. B. Sutton, ~te post­ The bill (H. R. 5494) for the relief of John T. Robeson was reported master at WHliamsburgh, Ky. from the Committee of the Whole with an amendment. The amend­ The bill was read, as follows: Be it enacted, etc., That the Secretary of the Treasury of the United States be, ·ment was agreed to, and the bill was ordered to be engrossed and read and he is hereby, directed to pay the claim of M. V. B. Sutton,late postmaster at a third time; and being engrossed, it was accordingly read the third Williamsburgh, Ky., for $209.88, money and stamps lost by h.im on account of time, and passed. the robbery of his safe, February 12, 1884. The title of the bill was amended so as to read: ''A bill for the relief There being no objection the House proceeded to· the consideration of John T. Robeson." of the bill. SUFFERERS BY, THE WRECK OF THE TALLAPOOSA. The amendment, reported by the Committee on Claims, was read, as The bill {S . .869) for the relief ofsuiferers by the wreck of United States follows: steamer Tallapoosa was reported from the Committee of the Whole with After the word "pay," in line 4, insert "out of any money in the Trea.sw-y amendments. The amendments were agreed to, and the bill as amended not otherwise appropriated.'' was ordered to a third reading; and it was accordingly read the thiid :Mr. BYNUM. I would like to know whether the Post-Office De­ time, and passed. partment doE.S not adjust claims of this kind? The bill H. R. 438, for the same purpose, was laid on the table. Mr. FINLEY. This matter comes here by the authority of the Post­ Mr. COBB (pending the pas...~ge of the Senate bill). I objected to the Office Department, as the report shows. The Department sent out a consideration of this bill, but withdrew my objection because I was special agent to investigate the case. willing that the bill should be considered upon the statements that The amendment reported by the committee was agreed to. were made and with the amendment suggested. I have not, however, The bill as amended was ordered to be engrossed and read a third changed my view as to the principle involved. _ time; and being engrossed, it was accordingly read the third time, Mr. LANHAM moved to reconsider the votes by which the bills were and passed. · · severally passed; and also moved that the motion to reconsider be laid Mr. FINLEY moved to reconsider the vote by which the bill was on the table. passed; and also moved that the motion to reconsider be laid on the The latter motion was agreed to. table. JAMES CALER. The latter motion was agreed to. The bill (H. R. 2661) for the relief James Caler, reported from the GEORGE W. SAMPSON AND BENJAMIN HENRICKS. Committee of the Whole with the recommendation that it do pass, was Mr. SAYERS. I ask unanimous consent for the present considera­ read by its title. • . tion of the bill (H: R. 4789) for the relief of George W. Sampson and Mr. KILGORE. · ~ demand the reading of an engrossed copy of that Benjamin Henricks, of Austin, Tex. bill. The bill was read, as follows: The SPEAKER pro tempore. The Chair will state that the engrossed Be it enacted, etc., That the Secretary of the Treasurer be, and he is hereby, di- bill is not here. The bill must therefore go over unless the House de­ . rected, out of any money in the Treasury not otherwise appropriated, to pay $1,500 to George Vif. Sampson a.nd Benjamin Henricks, of Austin, Tex., as com­ termines to remain in session until an engrossed copy can be obtained. pensation for the use of a. court-room and offices for the marshal and clerk of ORDER OF BUSINESS. the United States district court of the western district of Texas, from the 1st Mr. DQCKERY. Mr. Speaker-- day of July, 1865, to the 1st day of July, 1866. The SPEAKER pro tempore. For what purpose does the gentleman There being no objection, the House proceeded to the consideration rise? of the bill. • Mr. DOCKERY. I rise to make a request for unanimous consent. The amendment reported by the Committee on Claims was read, as The chairman of the Committee on Claims [Mr. LANHAM] has had no follows: opportunity this evening to have-a bill considered, and, on account of In line 5, strike out'' one thousand five hundred" before t.he word "dollars," his faithful and efficient service, I ask that he be allowed the privilege and insert" one thousand." of calling up one bill. Mr. HOL1tfAN. I desire to inquire under what circumstances this Mr. SAYERS. And I, too. property was rented. Mr. CARUTH. And I, too. Mr.SAYERS. Itwasrentedforthepurposeofholding United States Several other members demanded the same privilege. courts. Mr. LANHAM. Mr. Speaker, the suggestion of the gentleman from Mr. HOLMAN. Rented by whom? Missouri [Mr. DocKERY] was made without my knowledge or solic­ Mr. SAYERS. By the proper authorities. itation, and I appreciate it very highly, but- :Mr. HOLMAN. Was there not an express agreement that if the bill - Mr. DOCKERY. I withdraw the request. establishing courts there should be passed, the court-house would be furnished without expense to the Government? ROBERT F. ARNOLD. Mr. SAYERS. I never heard of any such agreement. :Mi. LANHAM. I ask unanimous consent that the Committee of The amendment was agreed to. the Whole House be discharged from the further consideration of the Mr. SAYERS. I move to amend by inserting before the words bill (H. R. 8270) for the relief of Robert F. Arnold, and that the House "George W. Samson and Benjamin Henricks," the words "the heirs proceed to consider the same. of," as both these parties are dead. The bill was read, as follows: The amendment was agreed to. Be it enacted, etc., That the Secretary of the Treasury is hereby authorized and directed to pay to Robert F. Arnold the sum of $1,000, for services rendered in The bill as amended was ordered to be engrossed and read a third behalf of the United States in the district court at Graham, Tex., and for this time; and being engrossed, it was accordingly read the third time, and purpose the sum of $1,000 is hereby appropriated out of any money in the passed. Treasury not otherwise appropriated. Mr. SAYERS moved to reconsider the vote by which the bill was The SPEAKER pro tempore. Is thereobjection to the consideration passed; and also moved that the motion to reconsider be laid {)n the ~f this bill? table. Mr. HOLMAN. I hope that the facts will be stated briefly. The latter motion was agreed to. XIX-397 6338 CONGRESSIONAL REOORD-=-HOUSE. JULY 14,

l'tlr. SAYERS. I isk that the title of the bill be amended by insert­ obtalned on the same in as fall faith and authority as I could do in my own proper person, having sold and transferred said paper or eviuence of indebted­ ing after the words ''relief of'' the words "the heirs of," so as to cor­ ness to said S. T . Marshall in the A. D. 18;'36, and the original having been lost respond with the amendment made in the body of the bilL or placed in the hands of persons for collection and can not be found, the fore­ The SPEAKER pro tempore. If there be no objection, that amend­ going be a. true copy of the original. ment will be made. "G. 1\I. MARSHALL." "Done and subscribed in my presence this 3d day of January, A. D. 1876. There was no objection. "LsEAL.] R. M. MARSHALL, Notary Pttblie. CAROLINE T. COCKLE. The full history of the claim was contained in a. sworn statement of Redick l'tfr. POST. I ask unanimous consent for the present consideration McKee, disbursing agent of the Government; and in the debate in the House, in the first session of the Forty-fourth Cong1·ess, from which we quote as fol- of the bill (H. R. 736) for the relief of Caroline T. Cockle. ~~: . The bill was read, as follows: "DISBURSING AGENT'S STATEMENT. Be it enacted, etc., That the sum of Sl99.80 he, and hereby is, appropriated, out of any money in the Treasury not otherwise appropriated, to reimburse Caro­ "1334 G STREET, Washington, January 15, 1876. line T. Cockle, executrix ofW"ashington Cockle, late postmaster at Peoria, Dl., "SIR: I have examined the papers you banded me touching the claim of G. for money expended for lighting the Peoria. post-office during ·the fiscal year M. Marshall, assigned to his brother, S. '1'. Marshall, of Keokuk, Iowa, andre· 188t!. turn the same herewith. "My recollection of the transaction is distinct; and I think the copy of the There being no objection, the House proceeded to the consideration certiticate sent is an exact copy of the original issued to Marshall December 31, of the bill, which was ordered to be engrossed and rea-d a third time; 1851, calling for S6,598.4.9. As the purchasing and disbursing agent of the com­ mission sent to California in 1850 to make treaties with the hostile and diEcon· and being engrossed, it was accordingly read.the third time, and passed. tented Indians of that State, I made a contract with General Estill, owner of :Mr. POST moved to reconsider the vote by which the bill was passed; the Sascol Ranch, to send with my expedition to the Klamath and Trinity River and also moved that the motion to recoi&ider be laid on the table. country.a drove of cattle, to supply my own party-the accompanying escort, of The latter motion was agreed United States troops-and for presents to the Indians. to. " In pursuance of this contract General Estill did send some 100 ol' 150 ranch CHAMBERS & BROWN. cattle and 70 or 75 large American beeves under the direction and charge of G. M. Marshall, as agent; I understood at the time that the same cattle bdonged Mr. CARUTH. I ask unanimous consent fo~ the present consider­ to- Marshall, and that he was i.I1 some way interested in the contract. We ation of the bill {H. R. 329) for the relief of Chambers & Brown. started from Benicia, via Sonoma Valley and Russian River, I think, early in August, and I got back to San Francisco in the last day of December. Estill The bill was read, as follows: a.nd Marshall setUed their accounts, and the former drew an order on me in Be it enaeled, etc., That the Secretary of the Treasury be, and he-is hereby, au­ favor of the latter for the a.~ount stated in the certificate, 66,598.49. thorized and directed;out of any money in the Treasury not otherwise appro­ "Of the first appropriation made for the service in California. ($~,000) I had priated, to pay to Chambers & Brown $270, being the amount overpaid by them to expend nearly half of it in the purchfl.Se of Indian goods in New York, nndeO for special licenses in the year 1874. an assurance from the Department that at the next session of Congress 8100,00 more would be estimated for, and no doubt sent me by mail at San Francisco There being no objection, the House. proceeded to the consideration Relying on this we commenced operation, and were happily successful in re of the bill. storing peace in the central part of our field. During the session of 1850-'51 The amendment reported by the Committee on Claims was read, as however, Commi sioner Lea wrote me that the House Committee on Appro­ follows: priations had cut down this esti.ma.te for the service in California from SlOU,OOO to S/5,000, and I must be governed accordingly. I obeyed instructions, made no Strike out, in iine 5, the words" Chambers & Brown," and insert: contracts or engagements which I thought would exceed that sum, and none "Henry Chambers and George E. Brown, partners, trading and doing business not absolutely necessary for the peace of the conn try. under the name, lirm, and style of Chambers & Brown, on the 14th day of Au­ "Yon canjudgeofourdisappointment, especin.lly my own, on findingt.hatafter gust, 1874, at 299 West 1\Iain street, Louisville, Ky." all Congress appropriated for the service in the whole State but $42,500, and of Mr. CARUTH. I move to amend that amendment by striking out this the Department sent me but S27,500 I Of course I was unable to pay Mar­ shall and other contractors, and had to resort to the issuance of certili tes of "E." in the name "George E. Brown" and inserting ''G." The cor­ indebtedness. By request of the Department I reported in February, and again rect name is " George. G. Hrown." . in July, 18521 on remaining indebtedness in California., in both of which re­ ports this clatm of Marshall's is included. (Vide Senate Ex. Doc. No.4, special The amendment to the amendment wa.'3 agreed to, and the amend­ session, 1853., pages 285 and 34.3.) ment as amended was adopted. "Mr. Marshall being anxious t-o return home. I gave him a letter to the Com­ The bill as amended was ordered to be engrossed and read a third missioner to the effect that if the appropriation had not been remitted to me be time; and being engrossed, it was accordingly read the third time, and might be paid here. And hearing nothing further from either the claimant or the Department, I took it for granted h.is claim had been settled. On inquiry at passed. the Department I now find it bas never been paid; and as I know it to be a just Mr. CARUTH moved to reconsider the vote by which the bill was claim I hope Congress will pay it without any longer delay. If Congress shall treat Mr. Marshall as Col. J. C. Fremont w as treated in the settlement of his passed; and also moved that the motion to reconsider be laid on the cattle accounts (10 Stat. L., 804), the interest will give the poor man some amends table. for being kept out of his money for twenty-four years. The latter motion was agreed to. "If this -statement should fail to satisfy the committee, or if it should be nee· essary that I verify it by a formal affidavit, let we knov. S. T. MARSHALL. "In ha-ste, but very respectfully, yolll' most obedient sel'vant, "REDICK 1\IoKEE, Mr. GEAR. I ask unanimous consent for the present consideration "Late Dubursing Agent in California. of the bill (H. R. 2196) for the relief of S. T. Marshall. "P. S.-Ifanyquestion should be raised astomy status as commissioner, dis­ The bill was read, as follows: bursing agent, etc., reference may be made to the Document No. 4, published Be il enacled. etc., That the Secret-ary of the Treasury be, and is hereby, au­ by order of the Senate in 1853, above referred to. On page 8 you will see I was thorized and directed to payS. T . 1\Iarshall, of Keokuk, Iowa, out of any money expressly instructed to pay the salaries of my colleagues, • and all other ex· in the Treasury not otherwise appropriated, and in full of all claim or demand penses of the commission.' of said S. T. Marshall, assignee of G. M . .Marshall, in a. contract made in 1850, ''R. McKEE.'' to supply and furnish beef cattle to General Estill, purchasing and disbursing "Subscribed and sworn on this the 26th of January, 1876, before me. agent of the United States for the commission sent to California in 1850 to make · . "JOHN BAILEY, treaties with the Indians, the sum of $6,598.49, with interest thereon at 6 percent., "Justice oftJI.e Ptace withia and for the District of Columbia." but such allowance and payment to be subject to any and all credits to be shown or ascertained upon a fair and equitable settlement and adjustment of his ac­ RELIEF OF S. T. 1\IA.BSHALL. counts (as such assignee of said G. M . Marshall) with the Secretary of the In­ "The next business on the Private Calendar was the bill (H. R. 2695) for terior. the relief of S. T.l\larsha.U, of Lee County, Iowa. "The bill was read. It authorizes and directs the Secretary of the Treasm-y, The amendment reported by the Committee on Claims was read~ as out of any money in the Treasury not otherwise appropriated, to pay to S. T.l\Iar· follows: shall, of Lee County, Iowa, whatever sum may be found to be due him on ac­ count of beef cattle furnished the United States for the use of the Indian De­ In line 13, after the word" cents," strike out "with interest thereon at 6 per :partment in California in 1851. upon a fair and equitable settlement of his accounts cent." {as assignee of G. M. Marshall) with the Secretary of the Inte1·ior. l'tfr. HOLMAN. The report should be read. "1877. Mr. HoLMAN. I call for the reading of the report. "The report of the Committee on India.u Affairs accompanying the bill was The report (by :Mr. KERR) was read, as follows: read, as follows : · The Committee on Claims, to whom was referred the bill (H. R. 2196) for t.he "'As the purchasing and disbursing agent of the commission which was sent relief of S. T. Marshall, report that in 1&>0 one G . M. Marshall took to California to California in Ul50 to make treaties with the bo tile Indians in California, Red­ for the use of the Government 150 ranch cattle and 75 large A.merican beeves, ick McKee made a contract with General Estill to furnish beef cattle for the which were delivered to Redick McKee, United States Indian agent, for which escort of United States soldiers which accompanied said McKeeandparty; that the said agent gave a certificate, of which the following is a. copy: said Estill did furnish a large number of co.ttle under the contract in which the "SAN FRANCISCO, December 31, 1851. claimant seems to have been interested.'" "In December,1850,atSan Francisco,theacconntsofEstillandMarshall were "This is to certify that in the adjustment of the account of James 1\1. Estel setlled, and the agent, McKee, gave to them a certificate of indebtedness, show· • for beef cattle purchased in my late expedition through the Indian country, on ing that there was due them on the beef contract the sum of $6,598.49, which t.he KlaiWI.th. there is due to G . .M. 1\:Iarsha.ll, as per within order of said Estel, said McKee said, and still says, he had not the money to pay, in consequence dat~d 15th instant. the sum of $6,598.49. of the appropriation for the service in California having been reduced much "At this time I have not funds in my hands applicable to this claim, but have below what he supposed it would be. As evidence of said indebtedness, how­ confidence that Congress, during its present session, will provide the means for eYer, said McKee gave to G . l\1. Marshall a certificate of indebtedness. its payment at an early date, and, in my opinion, it should be paid out of the "A copy as sworn to by said 1\Ic.Kee is herewith submitted, together with the first moneys appropriated for such purposes in California. other e\"idence in the case. And, confirmatory of this, said McKee in his ofti­ "REDICK McKEE, cial 1·eport to the Committee on Indian Affairs states that this amount is duo " United States Indian Agent." to said Marshall, but qualified by an indorsement in these words: 'Subject to This certificate was in 1876, by the following instrument, assigned to this claim­ credit.' But your committee have not been able to asC'ertain the amount of the ant: • credit' to which said claim is 'subject,' nor on what account. Your committee are satisfied, however, that a part at least of this claim is just and ought to be "STATE OF IowA, Lee County: paid. · "For value received, I, G. M. Marshall, hereby sell, assign, and set over to S. "It may be, and your committee believe it is, true that the contract made by T . Marshall the above certificate or paper signed by Redick McKee, Indian said McKee with Estill and Marshall to furnish beef to the expedition was made agent, and he is authorized ta collect, settle, and receipt for whatever may be without authority of law ; but the evidence shows very clearly that said McKee .l

1888. CONGRESSIONAL RECORD~HOUSE. was the accredited agent of the Government, and that these parbies contracted ton. Tex., and was then placed in an official registered package, which was also with him under the belief that be bad authority to contract with them for and sealed 11.nd directed t<> the postmaster at Galveston, Tex. This registered pack­ on behalf of the Government, and that he himself believed be had authority to age was then placed in the box containing the balance of the mail for the day. make the contrMt with them; and also that these parties, in good faitll, fur­ Mr. W. H. Hudson, a reputable citizen of Ellis County, Texas, was present nished the beef cattle for the use of the Government, and that the Government and saw the money counted and placed in envelopes and directed as aforesaid. got tile benefit of them. It seems but just and equitable, therefore, that these He also signed the letter of remittance as a witness. parties should be paid a. fair compensation for their property so furnished the Mr. Wilson swears that the said registered package was the same day placed Government. Your committee therefore recommend the passage of the ac- in a locked pouch and delivered to the mail carrier. When the same reached companying bill, as a substitute for House bill No. 118 referred to them." · Galveston the letter contained the two $10 bills, but the 850 bill had been ex- ·• The CHA.IR.liAN. The Clerk will agnin read the portion of the report showing tracted while in transit. · the date of the transaction. As soon as the loss was made known to him he made claim therefor under "Tl:e Clerk read as follows: the act of March 17, 1882; but his claim was not allowed, for the reason that "'As the purchasing and disbursing agent of the commission which was sent every step required by the regulations for remitting postroffice funds had not to California in Hl50 to make treaties with the hostile Indians in California, been complied with, in this, that the witness, Mr. Hudson, did .not see the regis­ Redick Mckee made a. contract with General Estill to furnish beef cattle for tered packnge placed in the mail pouch and delivered to the mail carrier. · the escort of United States soldiers which accompanied said McKee and party; The committee are of opinion that the omission on the part of Mr. Wilson to that said Estill did furnish a. large number of cattle under the contract, in comply with the regulations in ma.kjn:;:- said remittance was due to his want of which the claimant seems to have been interested." information of the requirements of the postal regulations at the time the same "Mr. McCr.ARY. The only objection that~I understand the gentleman from was remitted. It has been shown that Mr. Wilson is a man of good character Indiana to raise to the payment of this claim is that it ba.s been due a long time, and standing in his communitv, and it is believed by the committee that the if due at alL Being familiar with the evidence in the case, I desire to state to loss of said money is not chargeable to any intentional neglect of duty of Mr• . the gentleman and to the House that this delay is fully explained by the evi­ Wilson. dence. The claim was made very soon after it accrued. Tile papers were Wherefore your committee recommend the passage of the bill. placed in the hands of parties here in the city of Washington for the prosecu­ tion of the claim. They were held by those parties for some time without the Tbe bill was ordered to be engrossed and read a third time; and being money being collected, the Mtion of Congress being required. When the war engrossed, it was accordingly read the third time, and passed. broke out the persons who had pos ession of the papers and charge of the Mr. ABBOTT moved to reconsider the vote hy which the bill was claim went into the Southern army. The claimant has never been able to find them since, and his efforts to find those parties and the original papet·s h ave passed; and also moved that the motion to reconsider be laid on the delayed him until within the last year or two, when he has procured dupli­ table. cates from the original Indian agent himself, which are sworn to and filed in The latt.er motion was agreed to. the evidence in this case. •• There is some little doubt as to the exact amount which is due to this claim­ Mr. BRECKINRIDGE, of Arkansas. I move the House do now ad- ant, as stated in the report. But that he furnished property to the United States journ. . · for which he has never received a cent is entirely clear; and a fair settlement of Mr. BOWDEN. I hope not until I can get through one more case. his accounts at the Treasury Department will determine exactly what is due him. I hope, therefore, that the bill will not be passed over, but will be laid The House divided; and there were-ayes 13, noes 9. aside to be reported to the House. · So the motion was agreed to; and accordingly (at 12 o'clock mid­ "1Ur. BooNE: 1 desire to state,l\Ir. Chairman, thn,t this bill did undergo a very night) the Honse adjourned. close examination by the Committee on India n Affairs. It is true the report does not set forth all the evidence in support of the claim, and it is further true that this claim is ai\ old one. But that is very easily accounted for. Now, there PRIVATE BILLS INTRODUC.ED AND REFERRED. can be no possible doubt about this case. These parties furnished the Govern­ Under the rule private bills of the following titles were introduced ment with beef. which was consumed, and the Government got the benefit of it. It was furnished at the instance of an officer of the Government. Mr. McKee, and referred as indicated below: ~bo was the agent of the Government in California. to treat with hostile In­ By 1\ir. CANDLER: A bill (H. R.10834) to correct the military rec­ dians, and the rea on he had not money to m~et this debt arose from. a mis­ ord of Benny Atkins-to the Committee on .Military Affairs. apprehension on his part as to what would be the appropriation." H appearing from the above that the bill for the allowance of the claim was Also, a bill (H. R. 10 35) to correct the military record of Webster reported favorably in the Fort.y-fourth Congress, and your committee, being R. Atkins-to the Committee on Military Affairs. satisfied that the claim is just and ought t<> be paid, recommend the passage of By Ur. HIRES: A bill (H. R. 10836) to amend the military record the bill with an amendment striking out the allowance of interest in the thir­ teenth line of the bill. of John Kirby-to the Committee on Military Affairs. By Mr. HITT: A bill (H. R. 10837) to restore to the pension-roll During the reading of t~e report, . the name of Mary E. Borke-to the Committee on Invalid Pensions. ]).lr. HOLMAN said: ~1r. Speaker, I will not insist on reading the entire report. This bill was reported to the Fm;ty-fourth Congress, and, By Mr. McSHANE: A bill (H. R. 10838) to remove the charge of while I do not remember the exact character of the measure, I can desertion from the naval record of Patrick McCourt-to the Committee see the time consumed would postpone the bill. on Naval Affairs. Mr. GEAR. The goods weFe furnished and met with the approval of the officer in charge of the expedition, but Congress failed to mnke PETITIONS_, .ETC. the appropriation. The following petitions and papers were laid on the Clerk's desk, .1\fr. HoLMAN. Whydid it not pass theSenate in theForty-fourth under the rule, and referred as follows: Congress? By ·.Mr. G. A. ANDERSON: Petition oflabor organizations of Quincy, .Mr. GEAR. It failed for want of time. Ill., in favor of House bill No. 8716 to protect free from convict labor- l\Ir. COBB. Why has there been so much delay in the payment of to the Committee on Labor. this claim? By Mr. BAYNE: Petition of Farragut Council, Junior Order United Mr. GEAR. It has been pending for years. American Mechanics, of Bellevue, Pa., in favor of Senate bill553-i;o Mr. COBB. How does it come the assignee becomes possessed of the the Committee on Foreign Affairs. claim? By Mr. BRUMM: Petition of John J . Gannon &.nd others, citizens of Mr. GEAR. The man who furnished the goods died. Schuylkill County, Pennsylvania, for amendment of the interstate-com- ~Ir. COBB. What was the consideration of the transfer? merce law-to the Committee on Commerce. Ur. -GEAR. The gooas were furnished to the Government. Also, petition of Krughts of Labor of Branchdale, Pa.., in favor of There was no objection; and the bill was taken up for consideration. House bill8716, to protect free from convict labor- to the Committee The amendment was agreed to, and the bill as amended was ordered on Labor. . . . to be engrossed and read a third time; and being engrossed, it was ac- By~'- CARUTH: ~etibon of the wool deale:s an~ manufacturers cordingly read the third time, and passed. I of.Lorusville, Ky., agamst the pass..1.ge of the Mills bill-to the Com- .Mr. KERR moved to reconsider the vote by which the bill was lJassed; m1ttee on Ways and 1\Iean~.. . . . and also moved that the motion to reconsider be laid on the table. By Mr. FUNSTON: Petition ofc1tlzens ofLmn County, Kansas, for The latter motion was agreed to. amendment to the interstate-commerce law-to the Committee on Com- 1\fr. BRECKINRIDGE, of Arkansas, moved thatthe House adjourn. merce. The House divided; and there were-ayes 14, noes 14. By Mr. GIFFORD: Petition of Knights of Labor of Fargo, Dak., So the motion was disagreed to. in fa>or of House bill 8716 to protect free from convict labor-to the Committee on Labor. C. L. WILSOY. By Mr. D. B. HENDERSON: Petition of 36 manufacturers and wool. 1\fr. ABBOTT. I move, by unanimous consent, to discharge the Com­ merchants against the passage of the Mills bill- to the Committee on mittee of the Whole House on the Private Calendar' from the further Ways and Means. consideration of the bill (H. R. 7232) for the relief of C. L. Wilson By Mr. KERR: Petition of soldiers of Troy Mills, Iowa, for action and it be taken np for present consideration. on ~eneral pension legislation before consideration of the Mills bill­ The motion was agreed to. to the Committee on Rules. The bill was rea.d, as follows: By Mr. ·LYMAN: Petition of Knights of Labor of Exira, Iowa, in B e it enacted, etc., That the Postmaster-General be, and he is hereby, author favor of Honse bill 8716-to the Committee on Labor. ized and d irected to credit the account of C. L. Wilson, postmaster at l'!Iilford By Ur. McCORMICK: Petition of Henry .M:. Barrett & Co. anP. Ellis County, Texas, with the sum of $>0. for money lost. in transit. others, against the passage of the Mills 'bill-to the Committee on The report of the committee (by 1\Ir. LANHAM) was read, as fol­ Ways and Means. lows: Also, memorial {)f John Morton and 28 others, of McKean County, The Committee on Cla.ims, to whom was referred House bill No. 7232, for the Pennsylvania, forcert..'lin amendments to the interstate-commerce law­ relief of C. L. Yvilson, find that said C. L. Wilson was postmaster at Milford El­ lis County, Texas, on the 27th day of April, A. D.l886; that on said day he pl~ced to the Committee on Commerce. two ten-dollar bills and one fifty-dollar bill, with a letter of remittance in a .Also, a petition from Eldred, Pa., in favor of Honse bill 8716 to pro­ penalty envelope which was sealed and directed to the postmaster at Gaives- tect free labor against convict labor- to the Committee on Labor. 6340 CONGRESSIONAL RECORD-SENATE. JULY 16,

By Mr. NELSON: Petition of the Minneapolis Typographical Union, Itransporting merchandise in cars belonging to any shipper for such ship­ No. 42, in favor of the international copyright bill-to the Committee pers; also in regard to fines and their disposition; which was referred to on Patents. the Committee on Interstate Commerce. By Mr. PHELAN: Petition of Catharine A.. Brown, of Helen ·R. Mr. EDMUNDS presented a petition of oyster packers of Baltimore, Somerville, of Bmwell Sauls, of Mary F. Murrell, of Zillah Hall, of Md.; a petition of dealers in canned goods and others, of Cleveland, John C. Lanier, and of S. W. Sturdevant, administrator of Robert L. Ohio; a petition of salmon packers and others, of Portland, Oregon; a Forbes, of Tennessee, for 'reference of their claims to the Court of petition of the St. Paul (Minn.) Chamber of Commerce; and a petition Claims-to the Committee on War Claims. of·canners and packers of Baltimore, Md., praying for the repayment By Mr. PUGSLEY: Petition of woolen manufacturers and othe'rs in full of duties paid on imported tin when made into cans and ex­ against the pas:sage of the Mills bill-to the Committee on Ways and ported containing American products; which were referred to the Com- Means. mittee on Finance. By Mr. RICE: Petition of the Minneapolis Typographical Union, He also presented a memorial of the Board of Trade of Kansas City, No. 42, in favor of the international c"opyright bill-to the Committee Mo., remonstrating against the allowance of drawback on articles made on Patents. · from imported materials and exported to foreign markets after being By Mr. SEYMOUR: Memorial of L. U. Tompkins and 38 others, manufactured here; which was referred to the Committee on Finance. of Grand Traverse, 1\fich., for certain amendments to the interstate- Mr. SHERMAN presented a petition of 52 citizens of Highland commerce law-to the Committee on Commerce. County, Ohio, praying for certain amendments to the interstate-com- By Mr. SHERMAN: Petition of Dana W. Bigelow and others, of the merce law; which was ordered to lie on the table. Twenty-third district of New York, for prohibition in the District of Mr. STOCKBRIDGE presented the petition of David McDonald and Columbia-to the Select Committee on the Alcoholic Liquor Traffic. 15 other druggists of Kalamazoo, Mich., praying for the repeal of the By Mr. J. D. STEWART: Petition of .Marion H. Wesley, of De internal-revenue tax upon druggists as liquor sellers; which was re­ Kal b County, Georgia, for reference of his claim to the Court of Claims- ferred to the Committee on Finance. to the Committee on War Claims. Mr. BECK presented a petition of citizens of Hopkins County, Ken- Also, petition of E. G. C."'Hughey, of Robert McWilliams, ~eir of tucky, praying for certain amendments to the interstate-commerce William McWilliams, and of Moses Trimble, of Georgia, for reference law; which was referred to the Committee on Interstate Commerce. of their claims to the Court of Claims-to the Committee on War Mr. WILSON, of Maryland. I present a memorial ofleading mer- Claims. chants of Baltimore, Md., engaged in trade between that port and Brazil, remonstrating against the passage of the bill now pending be­ The following petition for the more effectual protection of agricult­ fore the Senate, or any similar bill, granting subsidies to steam-ship ure, by the means of certain import duties, was received and referred lines between this country and Brazil, believing the same to be un­ to the Committee on Ways and Means: just, as tending to build up one interest at the expenseof others. As By Mr. S. T. HOPKI~S: Of18 farmers~ofUlster County, New York. the matter is now in conference between the two Houses I move that the memorial be referred to the Committee on Appropriations. The following petition for the repeal or modification of the internal­ The motion was agreed to. revenue tax of $25 levied on druggists was received and referred to the 1l1r. BROWN presented a petition of citizens of Macon, Ga., praying Committee on Ways and Means: . for the repeal of that portion of the internal-revenue law that classes By Mr. BLOUNT: Of Mallory & Taylor, L. W. Hunt, and others, druggists as liquor dealers, and also for reducing the tax on alcohol eitizens of Georgia. used in medicine and the arts; which was referred to the Committee on Finance. REPORTS OF COJ.\U.IITTEES. SENATE. Mr. TURPIE, from the Committee on Pensions, to whom were re- ferred the following bills, reported them severally without amendment, MONDAY, July 16, 1888. and submitted reports thereon: Pmyer by Rev. FRANCIS T. INGALLS, D. D., President of Drury Col- A bill (H. R. 9894) granting a pension to Myron Teachout; lege, Springfield, Mo. . A. bill (H. R. 10579) to place the name of Samuel Massey on the pen- - I The J ourual of the :proceedings of Friday last was read and approved. sion-roll i A. bill (H. R. 2140} granting a pension to Eliza Smith; EXECUTIVE COMMUNICATIONS. A bill (H. R. 9878) granting a pension to Moses T. Coffey; The PRESIDENT pro tempore laid before the Senate a communica- A. bill (H. R. 9034) granting a pension to Lydia A.. Heiny; and tion from the Secretary of the Treasury, transmitting correspondence A. bill (H. R. 3923) to place the name of Frederic Ronicke on the on file in the Treasury Department in relation to traffic over the De- pension-roll. troit bridge, concerning duties; which, with the accompauyingpapers, Mr. FAULKNER, from the Committee on Claims, to whom was re­ was referred to the Committee on Commerce, and ordered to be printed. ferred the bill (S. 274.0) for the reli~f of the trustees of the German He also laid before the Senate a communication from the Secretary Evangelical Church, of 1\Iat·tinsburgh, W. Va., reported it without of the Treasury, transmitting an estimate of the cost for the repairs of the amendment, and submitted a report thereon. Kennebec arsenal at Augusta, Me.; which, with the accompanying Mr. TELLER, from the Committee on Public Lands, to whom wru~ papers, was referred to the Committee on Appropriations, and ordered referred the bill (S. 3125) restoring therightofpre-emption to Alfonso to be printed. Roberts~ reported it without amendment. Mr. HA.LE. I move that the letter of the United States Civil Serv- He also, from the same committee, to whom was referred the bill ice Commission, transmitting a list of appointments to the Post-Office, (S. 3305) setting apart a tract of land to be used as a cemetery by the and the letter from the Secretary of the Interior transmitting, in re- Independent Order of Odd Fellows, of Central City, Colo., reported it spouse to a resolution of April 30, 1888, a list of the employes below the wiLh an amendment. . classified service since March, 1885, now on the table, be referred to Mr. STEWART, from the Committee on Claims, to whom was re~ the Select~mmitteetoExamineintothe Condition of the Civil Service. ferred the bill (H. R. 2592) for the relief of Andrew Gleeson, reported ·The motion was agreed to. it with an amendment, and submitted a report thereon. PETITIONS AND MEMORIALS. 1 Mr. HOAR, from the Committee on Claims, to whom was referred The PRESIDENT pro tempore presented two petitions of citizens of ' the bill (S. 2484) for" the relief of John Murphy and the Spalding Duval, Fla., and a petition of citizens of Greene, Miss., praying for the Lumber Company, submitted a report thereon, and asked that the com­ passage of certain amendments to the interstate-commerce law; which mittee be discharged from the further consideration of the bill and that were referred to the Committee on Interstate Commerce. it be referred to the Committee on Public Lands; which was agreed to. He also presented a petition of citizens of Ohio, praying for the adop- He also, from the Committee on Claims, to whom was referred the tionofpolice regulationsforthesuppressionoftheadulterationoffood, bill (S. 878) for the relief of the estate of Thomas Niles, deceased, re­ etc.; which was referred to the Committee on Agriculture and Forestry. ported it with an amendment, and submitted a report thereon. Mr. DAWES presented the petition of John 0. Leary and 93 others, He also, from the same committee, t.o whom was referred the peti- citizens of Cambridge, Mass., praying for certain amendments of the tion of James Grace, praying reimbursement of expenses incurred by interstate-commerce law; which was referred to the Comm~ttee on In- him in consequence o.f injuries received while in the discharge of Ius terstate Commerce. duties as a laborer at the Capitol, submitted a report~ accompanied by Mr. DAVIS presented a petition of citizens of Hennepin County, Min- a bill (S. 3328) for the relief of James Grace; which was read twice by nesota,praying for certain amendments to the interstate-commerce law; its title. which was ordered to lie on the table. · He also, from· the same committee, to whom was referred the bjll Mr. COCKRELL presented a petition of citizens.of Laclede County, (S. 2019) to amend section 2 of the act entitled "An act to provido Missouri, praying for certain amendments of the intersta,te-commerce for the bringing of suits against the Government of the United State.'3,'' law; which was referred to the Committee on Interstate Commerce. approved March 3, 1887, reported adversely thereon; and the bill was 1\ir. WILSON, of Iowa, presented a petition of 33 citizens of Taylor indefinitely postponed. , County, Iowa, praying 1or the passage of additional amendments to 1\ir. MANDERSON. I am instructed by the Committee on Military the interstate-commerce act, prohibiting any railroad com~any from Affairs to report favorably to the prayer of the petition of the Depart-

·I