2482 OONGRESSIONAL RECORD-HOUSE. MARCH 4,

HOUSE OF REPRESENTATIVES. appropriations for the payment of invalid and other pensions of the United States for the fiscal year ending June 30, 1899,and for other purposes, having met, after full and free conference have agreed to recommend and do recom­ FRIDAY, March 4, 1898. mend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the The House met at 12 o'clock m. Prayer by the Chaplain, Rev. Senate numbered 2, and agree to the &'l.me with an amendment as follows: In lieu of the sum proposed insert' $±15,000;" and the Senate agree to the HENRY N. COUDEN. same. The Journal of yesterday's proce~dings was read and approved. WlLLIAlii A. STONE, S. S. BARNEY, BRIDGE ACROSS ST. FRANCIS RIVER, ARKANSAS. JOHN 1'11. ALLEN, Manag ~: 1·s on the part of the House. Mr. McCULLOCH. I ask unanimous consent for the present GEO., C. PERKINS, consideration of the bill (H. R. 5030) to authorize the construction J. H. BERRY, S. M. CULLOM, of a bl'idge across St. Francis River, in the State of Arkansas. llfanage1·s on the part of the Senate. The bill was read. There being no objection, the House proceeded to the considera­ The SPEAKER. The Clerk will now read the statement of the tion of the bill; which was ordered to be engrossed and read a third House conferees. time; and it was accordingly read the third time, and passed. The Clerk read as follows: On motion of Mr. McCULLOCH, a motion to reconsider the The managers on the part of the House ·of the conference on the disagree­ vote by which the bill was passed was laid on the table. ing votes of the two Houses on amendment number od2to the bill (H. R. 4303) making appropriations for the payment of pensions, submit the following written statement in explanation of tho accompanying conference report: RIGHT OF WAY, NAVAL STATION, NEW LONDON. For clerk hire at pension agencies there is appropriated S415,000 instead of $-100,000, as proposed by the House, and $430,000, as Pl'()J>OSed by the Senate. Mr. RUSSELL. I ask unanimous consent for the present con­ WM. A. STONE, sideration of the bill which I send to the desk. S. S. BARNEY~,.... The Clerk read as follows: JOHN M. ALL~N, Managers on the part of the House. A bill (H. R. 73«) granting a right of way through the naval station, New London, in the State of Connecticut, to the Norwich and Worcester Rail­ The question being taken, the report was adopted. road Company. On motion of Mr. BARNEY, a motion to reconsider the vote by Be it enacted, etc., That there is hereby granted to the Norwich and which the report was adopted was laid on the table. · Worcester Railroad Company a right of way for an extension of its rail­ road, on such route and of such width as the Secretary of the Navy may des­ JURISDICTION OF COURTS IN TEXAS. ignate, through the naval station at New London, in the State of Connecti­ cut. If said railroad shall not be built across said naval station within three Mr. BURKE. Mr. Speaker, I ask unanimous consent for the :years next after the passage of this act, this grant shall absolutely cease and present consideration of the bill (H. R. 7337) for the removal of determine. suits from the courts of the State of Texas to the courts of the The SPEAKER. Is there objection to the present considera­ United States in the State of Texas. tion of this bill? The bill was read, as follows: Mr. McEWAN. I reserve the right to object, in order that we Be it enacted, etc., That in cases of removal of suits from the courts of the may have an explanation. My own judgment at present is that State of Texas to the courts of the United States in said State of Texas such this bill, which proposes to give right of way to a railroad com­ removal shall be to the United States court in the division where the county pany through Government property, ought not to be passed. is situated from which the removal is made, and the time within which the removal shall be perfected, in so far as it refers to or is regulated by the Mr. RUSSELL. Mr. Spealrer, this bill provides for the exten­ t erm!> of the United S ~ ate s court, shall be deemed to refer to the terms of sion of a railroad which now comes within 3 miles of the naval tbe United States courts in such division. station at New London, Conn., so that the station may have di­ SEc. 2. That all laws in conflict with the provisions o.f this act be, and the rect railroad communication with the trunk lines running east same are hereby, repealed. and west through the State of Connecticut to New York and Bos­ The SPEAKER. Is there objection to the present considera­ ton. The bill was approved by the Secretary of the Navy, upon tion of the bill? consultation with the officers of the railroad company; I may say There was no objection. it comes here upon the recommendation of the Navy Department. The bill was ordered to be engrossed and read a third time; and The report includes the letter of the Secretary of the Navy recom­ it was ~ccordingly read the third time, and passed. mending the project as of importance to this naval station at New On motion of Mr. BURKE. a motion to reconsider the last vote London, which has no other railroad communication with the was laid on the table. - interior or with any of the trunk lines going north, or going east Mr. GIBSON. Regular order. and west. This is not entirely a private enterprise for the benefit of the railroad company, but the bill is designed to give railroad ROBERT SPAUGH. communication with this naval station, which the Navy Depart­ The SPEAKER. The regular order is asked for. The first ment considers desirable and important. question is on the bill H. R. 294, which the Clerk will report. Mr. McEWAN. Is the line which is to be laid in the nature of The bill (H. R. 294) for the relief of Robert Spaugh was read, a switch, or is it a connection between two roads? as follows: Mr. RUSSELL. It is the extension of a branch of a railroad, so Be it enacted, etc., That the Secretary of the Treasur y be, and hereby iB, that it may reach the tnmk line of that road. The railroad no7\T authorized and directed to pay to Robert Spaugh the sum of $750, out of any has a branch running from its trunk line part of the way to the sums of money not otherw1se appropriated, fm; money paid out by him on the l ethday or September, 1863, under certain confiscationproceedings a~inst naval station; this bill is designed to extend that branch clear up th-3 propt'lrty of John Voglar, in the distriet court of the United States m the to the naval station. State of Indiana. 1\Ir. 1\fcEWAN. J do not observe that any provision is made The bill was ordered to be engrossed and read a third time; and for payment for this right of way. it was accordingly read the third time, and passed. Mr. RUSSELL. It is all to be arranged under the direction of the Secretary of the Navy. COXSULAR AND DIPLOMATIC APPROPRIATION BILL. Mr. McEWAN. That includes the arrangement about paying The SPEAKER. The Clerk will report the bill which was made for the right of way? the special order for to-day by order of the House. Mr. RUSSELL. That includes all the arrangements. I repeat Mr. HITT. Mr. Speaker, I should 1ik-a toc,tll up the bill (H. R. that the bill was approved at the Navy Department. 6449) making a.ppropriations for the dip ~ omatic and consular serv­ l\1r. McEWAN. I understand that the railroad connection ice for the fiscal year ending June 3J, 18S9, which is before the which is to be constructed will be about 3 miles long. House with Senate amendments. The Committee on Foreign Mr. RUSSELL. Between 3 and 4 miles will be the length of Affairs have instructed me to mo"Ve concurrence in the amend­ the extension. ments of the Senate. Mr. l\1cEWAN. I withdraw my objection. The SPEAKER. The Clerk will report the bill. There being no objection, the House proceeded to the considera­ The Clerk reac'l. the title of the bill. tion of the bill; which was ordered to be engrossed and read a Mr. HITT. Mr. Speaker, there aresome Senate amendments to third time; and itwasaccordinglyread thethird time, and passed. this bill, not numerous, in fact, nor of large amount. On motion of :Mr. RUSSELL, a motion to reconsider the vote The SPEAKER. The Clerk will report the Senate amendments. by which the bill was passed was laid on the table. .1\ir. RICHARDSON. I desire to ask if this is a privileged PENSION APPROPRIATION BILL. report? 1\Ir. BARNEY. I desire to present the report of the committee Mr. BITT. Yes; it is a privileged report. of conference upon the disagreeing votes of the two Houses on the Mr. RICHARDSON. Is it a conference report? amendments of the Senate to the pension appropriation bill. The SPEAKER. It is not a conference report, but it is a com· The Clerk read the report, as follows: mittee report on a general appropriation bill. The committee of conference on the disagreeing votes of the two Houses Mr. HITT. It will not take more than a few minutes. on the amendment of the Senate numbered 2 to the bill (H. R. 4303) making Mr. RICHARDSON. All right. if there is to be no debate. 1898. CONGRESSIONAL RECORD-HOUSE. 2483

The SPEAKER. The Clerk will report the amendments of the The bill was read. Senate with the action of the committee upon them. Mr. COOPER of Texas. Mr. Speaker, I move that the consid­ · Mr. HITT. Mr. Speaker, the Senate amendments are appar­ eration of that bill b~ postponed until the first Friday in May. ently very numerous, to speak with technical accuracy, there be­ Mr. DINGLEY. As Iun.derstand, a bill upon this same subject ing sixty-five of them, but, in fact, the most of them are verbal, has already passed the House. there being really thirteen amendments of substance, and the re­ Mr. COOPER of Texas. Making a direct appropriation. This port of the committee gives them in a concise form. The formal refers the matter to the Court of Claims. It has formerly been statement of the amendments is long and unintelligible, as many postponed, and now I ask for the further postponement of it until figures are referred to back and forth, together with corrections the first Friday in May. and transpositions of words inserted and words taken out. The Mr. DINGLEY. Ought not this to be tabled, the House having committee have examined the amendments carefully in detail and passed the other bill? have agreed to concur in them. If the House will indulge me, I Mr. COOPER of Texas. The other bill has not become a law. will state that the increase in the bill by these amendments is Mr. RICHARDSON. It has not passed the Senate. only $24,000-from $1,729,000 to $1,753,000. Mr. GIBSON. The Senate may not pass it. · There are thirteen amendments, all of which were recommended The SPEAKER. The gentleman from Texas [Mr. COOPER] by the Department and nearly all of which we were disposed to moves to postpone the consideration of the bill before the House report when we brought this bill into the House originally, but until the first Friday in May. we were prevented from reporting by the rules of the House pro­ The motion was agreed to. hibiting increases from being reported. I am instructed by the On. motion. of Mr. GIBSON, the House resolved itself in.to Com­ unanimous agreement of the committee to move the concurrence mittee of the Whole for the consideration of bills on the Private of the House in the Senate amendments, and I make that motion. Calendar, with Mr. PAYNE in. the chair. Mr. SHAFROTH. Are there any salaries of any diplomatic The CHAIRMAN. The House is in Committee of the Whole officers increased? for the further consideration. of bills on. the Private Calendar. The Mr. HITT. Yes; there are several secretaries that are changed, Clerk will report the bill that was before the committee at its last $300 being added to one and $300 to another, to make them corre­ sitting. spond with similar posts, and one new one is created at St. Peters­ WILLIAM B. CALDWELL. burg, and the mission to Caracas is raised to be equal to the others around it. The next business on the Private Calendar was the bill (H. R. Mr. SHAFROTH. You mean secretaries of legation? 1935) for the relief of William B. Caldwell. Mr. HITT. Yes. The bill was read, as follows: Mr. BAILEY. Al.·e there any new offices created? Be it enacted, etc., That the Secretary of War be, and he is hereby, directed to enter the name of William B. Caldwell as a private of Company C, Ninth Mr. DINSMORE. In addition to what the gentleman from Regiment of Tennessee Volunteer Cavalry, upon the rolls of said company, illinois has stated, I will state to the House that many of the appar­ and as mustered into the service August 1, 1864, and honorably mustered out ent increases relate to consulates where they have been receiving March 1, 1865, and to issue to him an honorable discharge accordingly; and the said William B. Caldwell shall be paid all the pay, allowances, and bonn­ fees and where they will now receive salaries and turn the fees in ties due to a soldier regularly serving in said company between the dates to the Government, so that there is not that much added to the ex­ aforesaid; and his claim for pension heretofore filed shall be adjudicated as pense of the Government. The changes in the bill are very slight. though said discharge had been granted before said claim was filed. . Mr. HITT. The most of the naw consular offices are offices Mr. MAHON. Imovethatthatbill be laid asidewithoutpreju- that were formerly compensated by fees and which are now made dice. · salaried offices, and the fees will hereafter go to the Treasury. The CHAIRMAN. Upon this bill a point of. order is pen.ding. Mr. BAILEY. No other new offices? The poin.t of order was raised against this bill by the gen.tleman Mr. HITT. There are several new consulates-posts made con­ from California fMr. Loun), on the ground that the bill had been sulates in the way I have stated. referred to the Committee on. War Claims, and referred improp­ Mr. BAILEY. But, as I understand, those are not new offices, erly, the committee having no jurisdiction to report the bill, and but simply changes in the method of compensation. My inquiry claiming that the bill was improperly on the Calendar. At the was if there were any new offices created. time the point of order was raised, the Chair had read from the Mr. HITT. Well, there is one new office created outright, a Clerk's desk a decision of the Speaker of the present House. The consulate at Vladivostok, at the eastern end of the great Siberian attention of the Chair was then called to the fact that that deci­ Railroad. I do not think there was even an agency there, but it sion referred to a public bill, and not to a private bill; and so the has just come into importance and is made a salaried office. Tak­ matter was postponed until this morn.ing . . ing the whole bill in view, the changes made by the Senate are The Chair finds upon reading clauses 1 and 2 of Rule XXII that smaller, in comparison to the entire amount of the bill, than on it is provided: any other diplomatic and consular appropriation bill that ever Members having petitions or memorials or bills of a private nature to pre­ went from this House to the Senate within my knowledge. sent may deliver them to the Clerk, indorsing their names and the reference Mr. BAILEY. All of which is a further proof that all the cloth or disposition to be made thereof; and said petitions and memorials and bills is to be cut to fit the Dingley tariff bill. of a private nature, except such as, in the judgment of the Speaker, are of an obscene or insulting character, shall be entered on the Journal with the Mr. HITT. Mr. Speaker, I should be glad if we could have a names of the members presenting them, and the Clerk shall furnish a tran­ v~~ . script of such entry to the official reporters of debates for publication in the . The SPEAKER. The Clerk will report the Senate amend- RECORD. ments. Ciause 2 provides: The Senate amendments were read at length. Any petition or memorial or private bill excluded under this rule shall ba Mr. HITT. I move concurrence in the amendments. returned to the member from whom it was received; and petitions and pri· The SPEAKER. Is a separate vote asked upon any amend­ vate bills which have been inappropriately referred may, by the direction of ment'! If not, the question will be upon the amendments to­ the committee having possession of the same, be properly referred in the manner originally presented; and an erroneous reference of a petition or gether. The question is upon concurrence with the Senate amend­ private bill under this clause shall not confer jurisdiction upon the com­ ments. mittee to consider or report the same. The Senate amendments were concurred in. On motion of Mr. HITT, a motion to 1·econ.sider the last vote The last paragraph seems to effectually dispose of a bill which was laid on the table. has been improperly referred to a committee where the bill is of ORDER OF B'GSINESS •. a private character; but the Chair had more difficulty to get at the proper disposition of this bill on reference to the terms of the Mr. GIBSON. Regular order. . bill itself. The bill is threefold in its nature, being a bill for the The SPEAKER. The regular order is demanded. The bill the relief of William B. Caldwell. In the first place, it provides that title of which will be reported by the Clerk was assigned for to­ William B. Caldwell's name be entered- day-made a special order for to-day by the House. Upon the must-er rolls of said company as mustered into the service August The Clerk read the title of the bill, as follows: 1, 1864, and honorably mustered out March 1, 1865, and to issue to bini an S. 629. To confer jurisdiction on the Court of Claims in the case of the Book honorable discharge accordingly. Agents of the Methodist Episcopal Church South against The United States. Of course, if the bill had ended there, it would have gone to the 1\fr. GIBSON. Mr. Speaker, I move to lay that bill upon the Committee on Military Affairs. The bill further provides: table. And the said William B. Caldwell shall be paid all the pay, allowances and The SPEAKER. The Clerk will read the bill. bounties due to a soldier regularly serving in said company between the Mr. COOPER of Texas. I ask the gentleman to withdraw the dates aforesaid. motion, and I will move to postpone the consideration of that bill Under this language this claim in a bill belongs properly to the until the first Friday in May. Committee on War Claims. Mr. GIBSON. Very well. I withdraw my motion.. Now, in determining the question as to whether the bill is prop­ The SPEAKER. The Clerk will report the bill. erly referred or not, it seems there are different items in the bill 2484 CONGRESSIONAL RECORD-HOUSE. MARCH 4,

that might carry it to one of two or three diff~rent committees, ury Department, and now constitutes a part of what is kn-own as because there is a further item in this bill allowing a pension to the'' captured and abandoned property fund. •: It was not entered this man from the date of his original application; that is, arrears to the credit of any particular person, but that Mr. Austin's cot­ of pension; of course that would go to the Committee on Invalid ton went into that account is absolutely certain. I have not esti­ Pensions, and no other committee would have jurisdiction. The mated it recently, and I do not know as I could recall all the evi­ question is whether this clause of the bill providing for back pay dence from which I reached this conclusion, but I reached it and bounty, which the e~"isting law would give him, provided he without any doubt whatever. The fa{}t of its removal is proved is put on the muster roll and receives an honorable discharge ac- by the affidavits of the men who moved the cotton from the Three cording to the first clause of the bill, gives jurisdiction to the Bayou J)lantation to the Government headquarters. Roads were Committee on War Claims. The Chair hardly sees how that can cut: g1·eat numbers of teams were employed in removing it, and it be. If that were allowed, then that part of the bill that belonged was removed to the Government headquarters. The testimony of to the Committee on Military Affairs, for the granting of an hon- the officers who superintended the remDval is on file, and the ex­ arable discharge, wouldimmediatelyhavethejurisdictionchanged amination of the men who actually accomplished it. The opera­ from the Committee on Military Affairs to the Committee on War tion of the removal was superintended by an officer from Iowa. I Claims by the addition of a purely superfluous clause. think his name was Jones, from Carroll County. His testimony The first clause of the bill itself having given an honorable dis- has been taken and is on file. charge, under the present law, would give him back pay and I want to say right here that in 1879 Sterling T. Austin and a botmty for the time he was on the muster roll of that company. son who had reached maturity afte1· the war were killed at Lake There can be no question about that. Now, it can not be that a Providence, La. The remainder of the fannly, a mother and two bill to reenact the existing law shall give the Committee on War daughters, fled to Massachusetts,,where some benevolent gentle­ Claims jurisdiction. If that were true, it breaks up the whole men, whose names I can not now recall, took charge of them and foundation of the rules for the reference of the bills, and a bill secured them places. Since that time the mother has died and could be referred to any committee if the member who draws the the eldest daughter has died. There remains now but one mem­ bill puts in a clause, no matter whether it is necessary ro the en- ber of the family living. Now, I do not intend to go into the cir­ a.ctment or not, which gives jurisdiction to that particular com- cum.stances of this massacre. They came to me with the story, mittee, although the bill and the gist of the bill and the main ob- and 1 believed it, and after investigating it to the very bottom, I ject of the bill would take it to another committee. know that, besides Judge Ranney, other men in Massachusetts Of course the main object of this bill is to give him a muster · believed the story, and have absolute confidence in it. In fact, and honorable discharge. The other thing is incident to it, and there is no earthly doubt about this under the drcumstances. it can not be that under the rules of the House, the proper enforce- Now~ then, the Forty-seventh Congress passed an act enabling ment of the rules of the House, this bill should go to the Commit- the heirs of SteTling T. Austin to sue the United States for this tee on War Claims. The Chair has no doubt that a bill of this cotton. The suit was brought and was defended with great kind, being referred by the indorsement of the member who intra- · vigor; every single fact in it was contested with unusual vigor, duces the bill, and n-ot by the action of the House-that the ques- amounting, it was thought, to malignity. · tion of the jurisdiction of the committee can be raised whenever The Court of Claims found as a fact that $59,000 was the value the bill comes up for action either in the House -or in the Com- of the cotton alone taken from Sterling T. Austin. The bill con- mitt~e of the Whole. Therefore the Chair sustains tbe point of tains this clause, o1· something like it: · order made against this bill. Provided, That it be shown that Sterling T. Austin and his heirs were at all times during the war loyal to the Government and never gave any aid o.r STERLING T. AUSTIN. comfort to the rebellion, The next business on the Private Calendar was the bill {S. 432) I can not give you the terms as strong as they were used in the for the relief of the heirs of Sterling T. Austin, deceased. act. The Court of Claims took testimony all over Louisiana and The Clerk read the bill, as follows: elsewhere on the question of the cotton and its value and r emoval and as to the loyalty of Sterling T. Austin. The Court of Claims Be it enacted, etc., That the Secretary of the Treasury be, a.nd he is hereby, authorized and directed, out of any moneys 1n the Treasury not otberwise found that the claimants had no.t established their loyalty. That appropriated, to pay to Florine A. Albright and Missouri ·A. Pollard, heirs of case went to the Supreme Court, and the Supreme C-ourt simply Ster~ T. Austm, d~ceased, the sum of .$59.287, being the proceeds of the affirmed the decision. The court held, or seems to have held, that sale of 360 bales of cotton, the property of said Sterling T. Austin, seized by th.e civil and military authorities of the United States an.d received into the this fact of loyalty was a jurisdictional question· that Sterling T. Treasury, as found by the Cotn't of Claims. Austin resided in an insurrectionary State, and there was there­ fore a conclusive presumption of disloyalty. There was no act of Mr. MAHON. Mr. Chairman, I yield twenty minutes to my disloyalty proved in that evidence which was taken. The only friend from Iowa [Mr. UPDEGRAFF]. evidence of disloyalty was that on one or two occasions a slave or Mr. UPDEGRAFF. Mr. Chairman, I consented, because it two kad been impressed from his plantation and used to erect soma J!eemed to me to be a duty, to say a few words in behalf of the fortifications or batteries along the Mississippi River. passage of. this bill. This matter came to my attention in the There was no evidence that it was ever done with his consent. Forty--seventh Congress. At first I was very shy of it. Upon There was one occasion when a slave was selected and put to investigation, covering a period of many months, in which I was work on some of the Confedm·ate works along the river. Mr. associated with that very distinguished gentleman from Massa- Austin made no objection, that is true, but the same testimony ehusetts, also a member of the Forty-seventn Congress, Judge says that he could not .have -objected with safety to his life. So Ranney, I became enthusiastic in favor of the b~ll and in favor of that I care little or nothing about what was the attitude of Ster­ the allowance of this claim. I have always since then believed ling T. Austin during the war. I am entirely satisfied that his that the claim ought to be paid. Not only that, but I have be- heirs should have this claim paid, whether he was technically lieved, and believe now, that to hold this money any longer from loyal or not. It is an act -of justice to which they are entitled. these people is an outrage and a shame to the Government of the The Government has the money in its Treasury and has used it United States. Believing this, I have consented to say something since 1862. These heirs ask no interest. They simply ask that a in favor of it, portion of the property of their ancestor, which was seized and Sterling T. Austin at the beginning of the war was a resident converted to the use of the United States-- of Louisiana, m the neighborhood of Lake Pr-ovidence, a large .Mr. BRUCKER. What snm did the Government receive on wealthyplanter at that place. He belonged to that class of plant- the sale of this cotton? ers who were not in favor of secession. He was an old-line Whig; Mr. UPDEGRAFF. We have no way to determine how much he was a. slaveholder and a strong believer in the institution of this particular lot of cotton brought; but I am satisfied, as I said elavery, and he held all the doctrines and vices and possessed all before, that the amou~t was somewhere between $200,000 and the virtues of that class of men, but he was never in favor of se- · $300,000. cession, believing it would result in emancipation~ These bets I . Mr. DALZELL. The amount was fixed, as I understand, by gathered at that tim~ from many different sources. In 1862, pre- the Court of Claims on evidence as to the value. parato:ry to the cutting of what is known as the Ashton crevasse, Mr. UPDEGRAFF. Yes; it was fixed by the Court of Claims on the banks of the Mississippi River, the Government went to .at $59,000; and that is the amount asked by this bill. Austin's plantation and took from it I know not how many bales Now, I believe I have said about all I care to say at this time in of cotton; but my estimate in the Forty-seventh Congress was regard to this bill .. I shall be glad to answer any questions which that the property which theGovernmentremoved fi·om that plan- I may be able to answer. tation was clearly of the value of $200,000, and probably of the Mr. BARTLETT. If I understand the bill, it proposes simply value of $300,000. to pay $59,287, the proceeds of 360 bales of cotton at the price pre- Everything was taken from it. There were two crops of cotton vailing when the cotton was ·taken by the Government; that the removed, and the bales contained three tim.es the usual number of Government took the money derived from the sale of this cotton pounds of an ordinary bale of cotton. This propertywas taken by and put it into the Treasury, where it remains to-day in the same the Government and sold and entered upon the books of the Treas- way as $5,000,000obtained by the Government in a similar manner. 1898. CONGRESSIONAL _RECORD-HOUSE. 2485_

As I und~rstand, these heirs do not ask anything except payment be sure that we will not make a bad precedent here. I want a for that cotton, the proceeds of which the Government ha-s in its distinct understanding of just the ground upon which this is to Treasury to-day. be done. Mr. UPDEGRAFF. That is just as I understand it. We must bear in mind that there are twenty or thirty million Mr. BARTLETT. We are ready to vote for the bill; at least dollars of these cotton claims lying back. Up to the present hour, lam. I believe the Government has not paid a dollar to any person under Mr. MAHON. I yield ten minutes tothegentl~man from Wis- these cotton claims unless it has been distinctively proved and consin [Mr. OTJEN]. . found by the court that the claimant was a loyal man. That is Mr. DINGLEY. I should like to have the report read. the situation. Now, I see that some of our friends on the other The CHAIRMAN. The gentleman from Pennsylvania [Mr. side want this precedent established, and I want to call attention M.A.HON], who is entitl~d to the floor, bas yielded ten minutes to to it. The trouble in this case comes from the fact that it seems the gentleman from Wisconsin rMr. OTJEN]. to have been sent to the court, and the ~urt found as to the loy­ Mr. OTJEN. Mr. Chairman, "I made the report in this case, alty of Sterling T. Austin that he was constructively disloyal and_I simply wish to state the facts as I have learned them through because he lived in the Confederacy. my investigation of the claim, so that the House may understand Now, what I want to call attention to is this, in order that there the case. may be no precedent for the future. I am inclined to think, from Mr. Sterling T. Austin in 1860 lived in the State of Georgia. statements that have been made, that there are a great many He was a man of wealth. At that time he sold his property in features about this case that may serve to show that this bene­ Georgia, and taking with him his family and his slaves went to ficiary was a deserving man and that this is a peculiar case. New Orleans. Shortly afterwards he bought a plantation in Car­ Mr. MAHON. He was killed for his loyalty; he and his son. roll Parish, La.-a plantation of some 2,380 acres, 900 acres being Mr. DINGLEY. But what I want to call attention to is that clear and under cultivation. He moved his family and his slaves we ought not to seem to set a precedent for the payment of cotton upon this plantation. In 1863 there was upon this plantation the claims to any man who has not been found to be loyal, because cotton that had been raised for the two pre9eding years-1~61 and that means twenty or thirty million dollars. I know what is back 1862, amounting, as is claimed, to about 1,200 bales. of this case, and so far as my recollection goes, this is the first In 1862 Mr. Austin sent his family, consisting of his wife and time that the question could be raised in any case. three children, to Georgia on account of ill health-for sanitary There have been various attempts here to press such claims and rea-sons. In 1863 he went through the Federal lines to Georgia secure their passage. Of course if this had not gone to a court for the purpose of reaching his family and bringing them back to at all, I should not have any serious question about it, but the his plantation. During that time the Federal authorities took trouble is that the court has found, as I have read, that he was possession of his farm-took this cotton, claimed to be about 1,200 constructively disloyal. Now, I do not want it to make any diffi­ bales, and a large amount of other property, including 82 mules, culty for us in the future. 100 head of cattle, 300 hogs, 10,000 bushels of corn, and a large Mr. BARTHOLDT. Did this go to the Court of Claims? amount of other property. When Mr. Austin returned he found Mr. DINGLEY. It went to the Court of Claims, and the find­ his farm in a state of desolation, because the levee had been cut ing of the Court of Claims was as I have stated, and that finding and the water allowed to overflow it. Later on he took his family seems to have been affirmed by the Supreme Court. I do not and slaves to Shreveport, La., where he resided for a time. Still want a precedent established here that may be cited as a reason later he moved to San Antonio, Tex. for the payment of twenty or thirty million dollars of cotton This case was referred to the Court of Claims by an act of Con­ claims. gress passed in 1883. That court found that the Government had Mr. MAHON. I want to say to the gentleman that this is the taken 210 bales of cotton from this plantation in Carroll Parish; only bill of this kind, in regard to these cotton-claims, that has re­ that it had also taken 110 bales of cotton from Mr. Austin while ceived a favorable report in this Congress or in the last four Con- he was dealing in cotton in the State of Texas; that for this cot­ gresses. · ton the Government realized $59,287, which money is now in the Mr. DINGLEY. I am aware of the fact that this is the first Treasury. The money thus derived from the sale of cotton by time-- the Government has always been considered as a trust fund, and Mr. MAHON. This man evidently comes under the proclama­ claimants who were loyal have been paid out of this fund. - tion of President Lincoln in 1862, which I went to the trouble of The Court of Claims found that Sterling T. Austin, sr., was getting. constructively disloyal, but that the present claimants were loyal The Executive will in due time recommend that all the citizens of the United to the Government. They found that Mr. Austin was construc­ States who shall have remained loyal thereto throughout the rebellion shall. tively disloyal simply because h~ resided in the territory of the upon the restoration of the constitutional relation between the United States Confederacy. Thev held that persons residing within the Confed­ and the respective States, and the people, if that relation shall have been suspended or disturbed, be compensated for all loss by acts of the United eracy were to be p1:esumed to have been disloyal and persons re­ States, including the loss of slaves. siding within the Union lines were to be presumed to have been loyal. Then followed the emancipation proclamation, which excluded There were no acts of disloyalty found against him. The only slaves from the terms of this proclamation. Then afterwards, by finding of the court was that he might, at the first opportunity, his proclamation of 1863, the President did recommend payment. have taken his property and his family and his slaves and gone to Now, Sterling T. Austin evidently was covered by that proclama­ the Federal lines. At one time there were six of his slaves im­ tion. Of the $40,000,000 cotton fund in the Treasury Department, pressed into the Confederate service. They worked upon the re­ I do not believe proof can be made to half a million of it, where pair of gunboats a.t Shreveport, but the evidence shows that after the claimant's loyalty can be proved. Thirty-five years have gone they had worked there a while, he advised these slaves to run away by. They have failed to prove their loyalty so far. But here is a and hide in the woods, which they did, and later on went with case in which Army officers and United Statesmarshals testifyto him to Texas; so there is really no act of disloyalty found against the claimant's loyalty. It was proven beyond all question that him excepting that under the provisions of this act he would have this was the home of Union men and of Union soldiers; and the to show by positive acts that he had been loyal to the Government. bitter strife engendered by the war, and which was kept up until Later on Sterling T. Austin moved from Texas to New Orleans. some time after the war, resulted in the death of this man and of Then again he purchased another plantation in Carroll Parish. his son. He died leaving a wife and two little daughters. He In 1870 he was appointed postmaster at Lake Providence, La. In lost his life because of that bitter feeling that existed. 1879, while walking upon the public street of that city, he was This evidence shows beyond all controversy that Sterling T. Aus­ -shot down by a citizen of that place. His son, who had grown up tin, before and throughout the whole war, was an intensely loval to be a young man, been admitted to the bar, and been district man. The only thing the court held was that, being in the enemy's attorney, wa-s at that time judge. Hearing of the shooting of his country, he was constructively disloyal; but at the same time the father, he went to his rescue, and was also shot down, and died in finding was that his family, his wife and children, who are the a few days thereafter. beneficiaries of the bill, were loyal beyond all question. Mr. BARNEY. What wa-s the reason for shooting this man Mr. ALEXANDER. Was this evidence that you have just re­ and his son? ferred to presented before the Court of Claims? 1\Ir. OTJEN. At that time the war feeling still ran high, and Mr. MAHON. It was all before the court, and they simply this man was considered to be a Union man, and for that rea-son held, t~chnically, that he was constructively disloyal. They did was not liked among his neighbors. This family has been perse­ not find him disloyal in fact. And there was no question that his cuted by the people among whom they lived because this man was family were loyal-his wife and his two little girls. His son was considered at that time a Union man, and later on they have been killed. - persecuted by the Gcvernment in an attempt to show that he was Mr.·DINGLEY. The chairman of the committee must see, as disloyal. I believe that this claim is just and ought to be paid. he undoubtedly does, the absolute importance of placing the Mr. DINGLEY. Mr. Chairman, the amount of this particular ground for this appropriation so distinctly that there can be no bill is very small and unimportant in one respect; but I want to precedent from it that we are to pay to any disloyal man the value 2486 CONGRESSIONAL RECORD-HOUSE. MARCH 4, of cotton seized by our armies in military operations at the South, captured and abandoned property fund. There is in the Treasury in the insurrectionary States. a fund aggregatin~ about $11,000,000, the remainder of 831,000,000 Mr. MAHON. Oh, yes. I will neither support in th~ commit­ paid in on account of the property seized under the act of March tee nor out of it the claim of any man unless he can prove his 12, 1863, out of which a large number of claimants ought to be, loyalty as clearly as Sterling T. Austin has proven his. and I think will some time be, paid. I know they will be if jus­ Mr. DINGLEY. There would be no difficulty in this case if it tice is done them _by Congress. This Congress may not, but the had not gone to the com·t, but the case went to the Court of nextmay. . Claims, and then on appeal went to the Supreme Court of the This Congress, after repeated applications, has refused to con­ United States. sider a proposition which I have pending in the shape of a bill to Mr. MAHON. And the Supreme Court of the United States af­ open the courts to all these claimants alike; but now and then firmed the finding that constru9tively, technically, he was disloyal, you will find some claimant like this one who has behind him o1· but he really was a loyaf man. There is no question about that. her sufficient Congressional influence to pass a private bill to pay Let us understand that the evidence in this case shows that this them out of this fund and leave without relief the great body of man was loyal beyond all controversy. claimants whose property was taken by officials of the Govern­ Mr. DINGLEY. I have no desire to do anything more than to ment after the cessation of hostilities and thereby diminish the call attention to the fact, and to let it go into the RECORD, if this fund out of which they ultimately expected to be paid, and to bill is to pass, that it is pas8ed by the House on the ground that which they have as much right as this claimant, however just we believe that the man was thoroughly loyal, notwithstanding his claim may be. Now, I say that, without regard to the facts the determination of the court. Otherwise there are $30,000,000 in this case, I am opposed to giving it preference over others just back of this. I simply want to call attention to that and let it as good. appear in the RECORD that we have not changed the rule. It is a wrong almost amounting to an outrage to take this trust Mr. RICHARDSON. Or the judgment of the court. money which the Government holds as trustee for all claimants, Mr. DINGLEY. I see what gentlemen are going to try to take as declared by the Supreme Court in the Kline and Padelford advantage of in the future. cases, and pay it out to a few favorites on the pretense that they Mr. RICHARDSON. Not at al~. I am in sympathy with you are loyal. The court has held that the loyal and disloyal are on this bill. equally entitled to this fund if they can trace the proceeds of their Mr. MAHON. I ask for a vote, with that understanding. property to the Treasury, and so far as I am concerned I do not Mr. BARNEY. I should like to ask the chairman of the com­ intend to see my constituents robbed of their rights because they mittee a question. You say that finding of the Court of Claims were rebels thirty years ago. is that he was constructively disloyal? Now, I should like, if I had the time, to review the authorities, Mr. MAHON. Technically so; yes. and I would show, as I have on one or two occasions heretofore Mr. BARNEY. Because he was living at that time within the shown, that when the President issued his amnesty proclamation, lines of the Confederacy? it restored all rights; and those who participated in the rebel Mr. MAHON. That is it. army now stand on the same footing as those who fought on the Mr. BARNEY. Now, was he notfound constructively disloyal other side. The Supreme Court has decided that the ex-rebels by the Court of Claims because there was no evidence of his loy­ whose property was taken under this act have as much right to alty? be repaid as if they had not, and I intend to see, as far as I can, Mr. MAHON. Oh, there was abundant evidence-the testimony that none shall be paid unless they are. I propose to stand upon of United States marshals and army officers. the decision of the court of last resort. Little by little theN orth­ Mr. BARNEY. If there had been evidence of his loyalty, then ern claimants are taking this money out of the Treasury, and why should the fact that he was living within the Confederate every time a bill like this is passed it is charged up to this fund, lines make him constructively disloyal? and after a while the fund will be eaten up-some of them will 1\fr. MAHON. They followed the old decisions that a man liv­ have all their money and some none. That is not the honest way ing in the enemy's country is constructively disloyal. But this for a trustee to act. We should be just to all. If Congress wants man has proved his loyalty beyond c.ontroversy. I do not believe to do the proper and right thing, it will pass my bill now before there is another case like this. the Judiciary Committee and open the courts to all these d.aim­ Mr. BARNEY. Do I understand you to say that where a man ants, and pay each one every dollar due him or her as they can was living in the enemy's country, when there is no question that by proof trace it to the Treasury. he was loyal all the time during the war, the courts have held be­ I think it my duty to make this statement and enter my pro­ cause he lived in the enemy's country that he was technically or test, although in this Congress it may not avail anything, be­ constructively disloyal? cause I have in my district a -number of claimants who are as Mr. MAHON. That is what they held. honest and whose equities are as strong and who are as much Mr. GAINES. As I understand-- entitled to their pay as this claimant, and yet, under the test ap­ Mr. MAHON. I will give the gentleman the opinion of the plied by the leaders on the other side, can not be paid because com·t. they were disloyal between 1861 and 1865. They are as loyal now Mr. GAINES. Pl.·esumptively he was disloyal, but as a matter as anyone, and if I can prevent it they shall not be discriminatecl of fact he was not. against. Let Con~ess open the courts so that all these claimants Mr. HEPBURN. I desire to ask my colleague who presented may be paid out ot this fund alike and stop this method of deal­ this case a question. Is there not a statute that covers just such ing with this money. I appeal to my friends from the South to cases as this? I understood him to say that the proceeds of the put a stop to it. sale of this cotton had been covered into the Treasury. Now, is Mr. COOPER of Texas. Iagreewithwhat thegentlemansays; there not a statute that gives to the Secretary of the Treasury but this does not diminish the fund that goes to the other claim­ the right to investigate cases of that kind, and when it can be ants. This man has followed his money into the Treasury; and shown that this money has been covered into the Treasury, that it is his cotton and the price of his cotton that he will receive he can make payment? pay for, and not the price of cotton that belonged to other people. Mr. UPDEGRAFF. I think there is not. I am sure there is Mr. McRAE. Andso,Mr.Chairman,everyotherclaimantmust not. do, ultimately. Two-thirds of the fund has been paid out and Mr. MAHON. The money has been covered into the Treasury, wasted already, and it is said that none of it has gone to disloyal and the Secretary of the Treasury has no control over it, only as citizens or ex-rebels. Large commissions have been taken from he is gi>en it by Congress. the fund by rascality, by the plans of paying special favored attor­ Mr. HEPBURN. I think it is the act of 1879; but I know there neys' and every other kind of expenses that can be brought against is an act of that kind, because I have acted under it, under the di­ it, until it is reduced to such an extent that there is not now more rection of the Secretary of the Treasury, myself, that where it can than one dollar in the Treasury for every two dollars of claims be shown that the proceeds of the sales of captured and abandoned that can be shown to have been put in as the proceeds of property cotton have been covered into the Treasury, the Secretary of the seized and sold under said act. This bill is urged upon the ground Treasury has authority to make payment. that the money was actually paid in and is held in trust for the Mr. MAHON. There was such an act. claimant. The same is true as to all claimants, but the other side Mr. COOPER of Texas. It has expired by limitation. say they will pay none but the loyal. Mr. HEPBURN. . It bad not expired four or five years ago. It is our duty to answer them that none shall be paid unless Mr. COOPER of Texas. It expired several years ago. ali are paid. You pay other claimants all that is demanded and Mr. OTJEN. It expired in 1868, only two years after the war. take the amounts out of it, and you will find in a short time Mr. McRAE. Mr. Chairman, I want to say just a word against that about half of the people entitled to share in the fund will get this claim. I do not know anything about the particular facts nothing. If the Government is willing to say that it will pay all nor of the loyalty of the claimant. I have no doubt that it ought the money that the claimants can show was the proceeds of the to be paid, and I presume the proof is clear and convincing, but property seized by the officers of the Government, it might make I want to protest against this method of encroaching upon this no difference, but it is all the time provided that it comes out of 1898. CONGRESSIONAL RECORD-HOUSE. 2487

this fund. The Department has directed, and the legislation so this evidence stated here the court should hold that there was a far has been, to take out of that fund the coet of administration conclusive presumption of disloyalty. and all special allowances; and as yon reduce the fund you re­ Mr. OGDEN. It is not conclusive. duce the chances of payment to the Southern claimants, and yon Mr. COOPER of Wisconsin. It is, if the statement made here will finally reach a time when there is no money to pay claim­ is correct. Let me m ake myself plain. I will say again, the mat­ ants with, although they may be as honest as this one. I hope ter is brought into the court, and the question is as to the loyalty this claim will be required to wait for general legislation upon or disloyalty of the claimant. After he has introduced evidence this subject. to show loyalty and there is nothing to show disloyalty, and the Mr. COOPER of Wisconsin. I would like to ask the gentleman issue of fact is in his favor, the decision of the court was that from Iowa when this claim was first presented to Congress? the presumption of disloyalty was conclusive, regardless of the Mr. UPDEGRAFF. The first I knew of it was in the Forty­ undisputed facts, regardless of the evidence of the witnesses as seventh Congress. to the man's loyalty. What is that but a conclusive presump­ Mr. O'l'JEN. The :first petition was presented in 1874, although tion of law? The court held-presumably because there was not right after the war this claimant put his claim in the hands of any evidence in the case to show the man's loyalty-that he was Judge Dent, and he neglected to file the claim before the two years' disloyal. limit expired. Mr. MAHON. Let me say to the gentleman-- Mr. COOPER of Wisconsin. I would like to make an observa­ Mr. COOPER of Wisconsin. J...~et me say this to the gentleman tion here upon a statement that has been made that the Court from Pennsylvania, I deny that there is any presumption in a court of Claims held that there was a conclusive presumption that of justice when the issue is established by evidence. In that case Austin was disloyal. It is impossible for me to understand how presumptions vanish. Rebuttable presumptions are only allowed that can be; that is, that the court held it to be a presumption, if weight in the law when evidence can not be introduced to over- the other statements are correct, that evidence was taken to show throw them. · to the committee that Austin was loyal. Mr. MAHON. That is all right. That is a principle of law in To make my point plain, I will state, what lawyers know, that our ordinary courts. But this case arose in a part of the country there are two kinds of presumption-a conclusive presumption, which was in rebellion, and the old law writers have held that that is, a presumption that can not be contradicted by evidence, when a man under such circumstances remains in the territory of and a presumption of law that can be contradicted by evidence. the insurrectionary States, and has property there, his property is The court could only hold that Austin was disloyal as a presump­ to be regarded as property of the enemy and he himself is to be tion of law that can be contradicted by evidence. The court could treated as presumably disloyaC The evidence brought before the only hold that Austin was disloyal as a presumption of law in the court in this case-evidence of the very best witnesses-showed absence of evidence to the contrary. The court could not find his that the man was loyal; but even if he had piled up evidence of disloyalty conclusively presumed when as a matter of fact there loyalty sufficient to fill this Chamber, he would have been found was evidence to show that he was loyal. It can not be possible constructively disloyal, for the reason I have stated. that the court did so hold. Now, the evidence was that the man Mr. Chairman, I now ask for the vote. was loyal, and the court could not have said that it was a pre­ The question being taken, "Shall the bill be laid aside to be sumption that he was disloyal. Here is a discrepancy that can reported to the House with a favorable recommendation?" it was not be explained by anything that I have heard upon the floor. determined in the affirmative. Besides, it would not be a question for the Court of Claims at all, ''OMNIBUS" CLAIM BILL FOR STORES AND SUPPLIES. if there were a conclusive presumption that a man residing in a Mr. MAHON. I move that the Committee of the Whole take Confederate territory was disloyal. up for consideration House bill No. 4936-No. 14 on the Calendar­ Mr. BARNEY. It would be a question of geography. known as "the omnibus bill." Mr. COOPER of Wisconsin. Yes; it would be a question of The CHAIRMAN. The Clerk will read the title of the bill geography. If there was evidence that the man was loyal and which the gentleman from Pennsylvania moves to take up. the question was sent to the Com·t of Claims, that court could not The Clerk read as follows: decide that there was a conclusive presumption against his loyalty. A bill for the allowance of certain claims for stores and supplies reported Mr. OTJEN. If you remember, the case was sent to the Court by the Court of Claims under the provio;ions of the acli approved March 3, <>f Claims by an act of Congress passed in 1883. In that act was a 1~3 , and commonly known as the Bowman Act, and for other purposes. proviso that the claimant must show to the satisfaction of the Mr. DINGLEY. What is the object in asking for the considera­ court that he did not give aid and comfort to the Confederate gov­ tion of this bill? ernment. The court, in their decision, say this, that it would be Mr. GIBSON. Mr. Chairman-- a presumption of law that a person residing under the jurisdic­ Mr. DINGLEY. Let the bill be read. Let us know what we tion of the Confederate government was disloyal, and if living in are asked to vote on. the Union States, it would be a presumption of law that he was The Clerk proceeded to read the bill. loyal. Mr. RICHARDSON (after the reading had proceeded some Mr. SHANNON. A disputable presumption, not a conclusive time). Mr. Chairman, I hope the gentleman from Maine will not one. i~ist upon the reading of thi~ bill until it is taken up for consid­ Mr. OGDEN. Yes; they would presume him to be loyal. eration. If it be read now, it will have to be read again when we Mr. COOPER of Wisconsin. The court might hold it was a come to consider it. It is a very long bill. As I understand, it is rebutt able presumption of law that a man residing in a hostile a bill making appropriations to pay findings of the Court of Claims t!3rritory was disloyal, but it could be rebutted by evidence. under the Bowman Act for supplies and stores furnished to the Now, if eVidence was introduced of any strength whatever, the Union Army by loyal men. I hope the gentleman will not force court in its decision could not hold as a conclusion of law that two readings of the bill. the man was disloyal. I do not see how, if evidence was taken Mr. DINGLEY. I wanted to understand what the bill was, so that convinced the committee beyond a reasonable doubt of the that we might vote intelligently on the motion of the gentleman man's loyalty, how the court could hold despite that evidence from Pennsylvania. as a presumption of law that he was disloyal. 1\ir. RICHARDSON. It is simply a bill to pay a number of Mr. OGDEN. They start out with the presumption that if he findings of the Court of Claims-- lived in a disloyal territory that he was disloyal. Mr. DINGLEY. I think we had better proceedinregularorder, Mr. BARNEY. That is right, in the absence of evidence. and take up the next bill on the Calendar. This seems to be a Mr. UPDEGRAFF. No man can read the two opinions with­ very long bill. I understand that it embraces 700 claims. out reaching the conclusion that the court did consider it a con­ Mr. RICHARDSON. I understood the gentleman to say the clusive presumption. I want to say this, thattherewere cords of other day that he had no objection to the payment of claims favor­ evidence that the man was loyal-you could not read it between ably reported upon by the Court of Claims for supplies furnished now and this time to-mo1Tow-and none of it is disputed. The to the Union Army by loyal men. only evidence of disloyalty, or of his giving aid and comfort to Mr. DINGLEY. Are these what are known as "4th of July the Confederates, was that one or two slaves were impressed with­ claims"-claims arising tmder the act of July 4, 1864? out his consent. :Mr. RICHARDSON. These come under the Bowman Act. }!r. HAGER. How was evidence introduced if the presump­ Mr. DINGLEY. That is another thing. There is a class of tion is conclusive; what would they be taking evidence for if it claims for supplies furnished to the Quartermaster's Department was a conclusive presumption? which we are accustomed to pass-- Mr. UPDEGRAFF. I can not tell- Mr. RICHARDSON. This is for the same class of claims·which Mr. BARNEY. That is not good law, is it? have been paid under the act of July 4, 1864, for stores and sup­ Mr. UPDEGRAFF. I can not help that; I do not warrant the plies simply. The bill makes no compensation for dam ages, or law. for use and occupation of property, or injury to property. It is Mr. COOPER of Wisconsin. · If the statement here as to the purely a bill to make payment for stores and supplies furnished to procedure of the Court of Claims is true, it is anomalous, to say the Union Army. There is nothing else in the bill, as I under­ the least, for I never knew of any such procedure, that with all stand. Am I not right [addressing Mr. MAHoN]? 2488 CONGRESSIONAL RECORD-HOUSE. MARCH 4,

Mr. MAHON. There is nothing else in the bill. Mr. DINGLEY. Instead ·of taking this up out of order without Mr. RICHARDSON. These are a class of claims· that used to any opportunity to examine it, I desire to suggest to the gentle-­ be paid here without opposition-the "4th of July claims." The man, in view of the fact that it would be reached within a week gentleman from Maine must remember when we used to pass bills or two, would it not be desirable to proceed in the regular way paying these claims to the amount of hundreds of thousands of and not take it up out of order, when members have not had an dollars. opportunity to examine it, not knowing that it was to come up Mr. DINGLEY. I understand this is not that kind of a bill. at this time? I understand that the bill next in order on the Calendar is one Mr. MAHON. If the Honse will agree that on next Friday, that comes under the ac~ of July 4, 1864, but not this one. This after the reading of the Journal, the bill shall be taken up and is for a very different class of claims. considered, then I will withdraw my motion. I ask unanimous Mr. MAHON. The next bill on the Calendar covers two claims consent-- which have been adjudicated by the Department, amounting to Mr. LACEY. We are in committee. The House is not in ses· about ~S3,000 . But this bill proposes to pay the findings of the sion. Court of Claims under the Bowman Act and under the Tucker Mr. MAHON. If the gentleman will agree that we can go into Act-claims which are known as "4th of July claims," arising the House, we will make the request there. under the act of July 4, 1864. These claims were adjudicated by Mr. DOCKERY. The committee ·could not make any such the Southern Claims Commission on ex parte evidence, and Con­ agreement. gress afterwards referred them t.o the Court of Claims for its find­ Mr. COOPER of Texas. What is the request of the gentleman ings. from Pennsylvania? 'fhis bill has been prepared very carefully. It includes only ap­ Mr. EVANS. I did not understand the request of the gentle-­ propriations for paying the findings of the Court of Claims under man from Pennsylvania. the Bowman Act and the Tucker Act for stores and supplies fur~ Mr. DINGLEY. I will say that, personally, I have no objec­ nished to the Army of the United States. tion to this coming up next Friday, but I do object to its coming lVIr. RICHARDSON. The appropriations contained in the bill up to-day. The bill has 840 claims in it. I call attention to the are for use or occupation of property, not for damages done to fact that the motion to take it up out of order is amendable by property. every bill on the Calendar. .Mr. MAHON. These are the same class of claims that ·were Mr. MAHON. Mr. Chairman, I move that the committee rise always paid down to and including the Fifty-first Congress. I and recommend to the House that this bill be taken up on next want to be fair and frank in this matter, because a great many Friday, private-bill day, after the reading and approval of the members-perhaps a majority of the members of the House-have Journal. constituents who are interested in the bill. These claims were all Mr. RICHARDSON. Take it up in committee or in the House? reported upon separately by the Court of Claims. But the War Mr. MAHON. Take it up in Committee of the Whole. Claims Committee decided not to load up the Calendar with 300, Mr. RICHARDSON. Your motion is that it be made the spe­ 400, or 500 different bills, but to include the various claims in one cial order. .long bill. Mr. DALZELL. For next Friday, immediately after the read· Mr. DINGLEY. Some one remarked to me that the bill em­ ing of the Journal. braces 700 private claims. ::M:r. MAHON. On next Friday, immediately after the reading Mr. MAHON. Eight hundred and fourteen findings of the of the Journal. court. Mr. DALZELL. Not after the reading of the Journal, but Mr. DINGLEY. Eight hundred and fourteen privat-e claims. after going into committee. Mr. RICHARDSON. And these claims are from twenty.one Mr. RICHARDSON. The House will go into committee after different States, North and South. . Mr. DINGLEY. This is an attempt to bring up the bill out of the reading of the Journal. order. We have not yet had a chance to look into this matter. The CHAIRMAN. The gentleman from Pennsylvania moves Mr. RICHARDSON. The only effect of demanding the read­ that the committee do now rise and recommend to the House that ing of the bill in full now will be to compel two readings of the this bill be made the special order for a week from to-day. bill. I should think the gentleman would be satisfied with one. Mr. MAHON. In Committee of the Whole. Mr. DINGLEY. I think the bill ought not to be taken up out The CHAIRMAN. To be considered in Committee of the of its regular Ol'der. Gentlemen have had no opportunity to look Whole. into it. It contains, as I have said, more than 700 claims. The motion was agreed to. Mr. GIBSON. There has been every opportunity in the world The committee accordingly rose; and Mr. DALZELL took the for gentlemen to look into it. chair as Speaker pro tempore. 1\Ir. MAHON. The bill has been before the Honse for three Mr. PAYNE. Mr. Speaker, I am directed to report that in the months. Committee of the Whole the bill H. R. 1935 wa-s called up, and :Mr. WHEELER. These are claims which have been reported the committee determined that it was not properly on the Calen· from the Court of Claims during many years. dar, not having been reported by any committee having jnrisdic· :Mr. CONNOLLY. We learn from the document room that the tion of the bill. Senate bill 432 was directed to be reported back report on the bill can not be obtained. to the House with a favorable recommendation. House bill 4936 Mr. MAHON. As I have said, the bill provides for some 814 was called up, and the committee recommend to the House that claims. For the purpose of embracing these claims in a single the bill be set down for Friday, a week from to-day, as a special bill, I had the clerk of the War Claims Committee arrange them order, to be considered in Committee of the Whole House. alphabetically, with the amounts found by the Court of Claims Mr. MAHON. After the reading of the Journal. · and a summary of the findings. The SPEAKER pro tempore. The gentleman from New York Mr. CONNOLLY. There is nothing on file that members can [Mr. PAYNE], Chairman of the Committee of the Whole House, reach to tell us anything about the bill. reports that in said committee House bill 1935 was held to be not .Mr. MAHON. If the gentleman will ask me in regard to any in order; that Senate bill432 was laid aside to be reported to the particular claim, I will refer him to the information on that. I House with a favorable recommendation, and that House bill will send to the document room and get the report in that par­ 4936 was laid aside with the recommendation to the House that it ticular case. be made the special order for Friday next immediately after the Mr. CONNOLLY. I want to refer to the report of the commit­ reading of the Journal. tee on this bill, and no member of this House can get a copy of Mr. 1\IAHON. In Committee of the Whole. the report . The SPEAKER pro tempore. In Committee of the Whole­ Ml.·. MAHON. Then go to the document room and get 840 re­ after the House shall have resolved itself into Committee of the r>orts. They are out there. We have got them if you want them Whole. · for any particular item in the bill. Mr. MAHON. Yes. :Mr. CONNOLLY. Has not the committee made any single re­ The SPEAKER pro tempore. The question is on the adoption port on this bill? of the recommendation of the Committee of the Whole, that Mr. MAHON. We have gone beyond that. We have a sepa­ House bill 4936 be made the special order for Friday next. rate report on every item in the bill, so that the House may be Mr. DINGLEY. To be considered in Committee of the Whole, · fully informed. :M:r. LACEY. I should like to know how far that order goes, Mr. RICHARDSON. If the gentleman will pardon me, I want Is it simply for next Friday? to say that in the Fifty-first Congress a similar claim for stores Mr. 1\!AHON. Next Friday; that is all. and supplies was paid by Congress, on the findings of the Court Mr. RICHARDSON. It will be a continuing order. of Claims, amounting to $548,000. Mr. LACEY. A continuing order or an expiring order? Mr. CONNOLLY. But I ca,n not cast my vote on what was Mr. MAHON. It will go on the Calendar as unfinished bust.. done in that Congress. ness. Mr. RICHARDSON. I am not asking you to do that. Mr. LACEY. That is the question we want to know about, 1898. CONGRESSIONAL RECORD-HOUSE. 2489

Mr. MAHON. Mr. Speaker, I will agree- Without further audit, allowance, or restatement of the claims by the ~ The SPEAKER pro tempore. One moment. The Chair is of counting officers, out of any money in the Treasury not otherwise appropri­ ated, to the several persons in this act named, or to their legal repr~senta­ the opinion that it will require unanimous consent to make this tives in case of their death since the allowance of their claims by the order in the House. accounting officers, the several sums mentioned herein, the same being in full for, and the receipt of the same to be taken and accepted in each case as a Mr. MAHON. That is what I was going to ask. I ask unani· full and final discharge of, the several claims examined and allowed by the mous consent with this understanding-to meet the objection of proper accounting officers, under the provisions of the act of July 4,1864:, since the gentleman from Iowa, so that it will not interfere with any May 4-, 1894, namely: public business-that after it has been under consideration up to INDIANA.. 5 o'clock on Friday, then it shall be unfinished business, on the To Warren Tebbs, administrator of" George P. Bernd, deceased, late of unfinished calendar. I ask unanimous consent that this bill be Dearborn County, $125. taken up next Friday morning after the reading and approval of KANSAS. the Journal, and be considered until passed. To Madeline Guitta1•d, widow of George Guittard, deceased, of Marshall The SPEAKER, pro tempore. But the Chair will suggest to the County, $5.20. gentleman from Pennsylvania that the request he now makes is a KENTUCKY. To Lucinda Baker, administratrix of George W. Baker, deceased, of Madi­ very material modification of the recommendation made by the son County, $553.12. Commitree of the Whole. To John M. Hart, of Bourbon County, $150. Mr. MAHON. Will the Chair re-peat just what it is? To W. M. Miller, administrator of James M. Miller, late of Bourbon County, $150. The SPEAKER pro tempore. The recommendation . of the To William R. Peal, of McCracken County, $140. Committee of the Whole is that the bill be made the special order To Marion Stephens, of Metcalf County, $95. for Friday next. To R. B. Brown, administrator of Bennett Stewart, deceased, of Gallatin County, $150. Mr. LACEY. It seems t-o me it is enough to make this the To Harbert B. Wallace, of Graves County, $125. special order for next Friday. There may enough develop in the To Elizabeth G. Weathers, executrix of Vincent Weathers, deceased, late consideration of the bill on next Friday so that the House might of Todd County, $300. not want to be bound to take it up everlastingly and forever. MARYLAND. The SPEAKER pro rempore. The Chair would not feel justi· To George A. Rowzee, administrator of John R-owzee, deceased, late of fi.ed now in putting to the House a request for unanimous consent Montgomery Co"!lllty, $93.80. that is so material a modification of the recommendation of the ID.SSOURI. Committee of the Whole. · To J. A. Houston, administrator of Thomas Alexander, deceased, late of Johnson County, $125. Mr. MAHON. I ask unanimous consent that the recommenda· To William E. Bain and Mary E. Bain, children and sole heirs of John Bain, tion of the Committee of the Whole be adopted. deceased, late of Lawrence County, $100. The SPEAKER pro tempore. The gentleman from Pennsyl­ vania asks unanimous consent-- NEBRASKA.. Mr. RICHARDSON. It does not require unanimous consent, To Benjamiri Mohler, of Otoe County, $100. does it? OHIO. The SPEAKER pro tempore. Mr. MAHON, the gentleman from To Valentine Eiselstein, administrator of Leonard Eiselstein, late of Meigs Pennsylvania, asks unanimous consent that the recommendation County, $69. of the Committee of the Whple be adopted by the House. TENNESSEE. Mr. RICHARDSON. I want to make a parliamentary inquiry. To R. M. Brown, administrator of Christina Brown, deceased, late of Ham­ The Chair does not hold that it requires unanimous consent for ilton County, $105. ToT. H. Nixon, administrator of James M. Grimes, deceased, late of Maury the House to set this bill for next Friday? It does not require County,~. unanimous consent. It can be done by a motion. · To A. J. House, administrator of G. W. House, deceased, late of Smith The SPEAKER pro tempore. The Chair does not so understand, County, $50. that the House can by a motion make a special order changing To S. N. McMurray, administrator of Benjamin Jenkins, deceased, of Blmmt Co~!_h· $125. the rule. To Jere · C. Johnson, of Knox County, $135. Mr. RICHARDSON. I think the House can make a special To John Loague, administrator of Joseph T. Mason, deceased, late of Shelby Conn ty. $110. order. To George W. Lewis, administrator of J. C. Owensby, deceased, late of Ma­ Mr. PAYNE. It seems to me that all it could do would be to rion County, $168.75. postpone it until next Friday. Other business might inter­ To John Phillips, administrator of Thomas Phillips, deceased, late of Wil son County, $140. vene- To Dr. G. B. Rawlings and Rosa E. Clark, nee Rawllngs, children of Caro­ Th~ SPEAKER pro tempore. My recollection is that this ques­ line R. Rawlings, deceased, of Fayette County $47.68. tion was discussed on a previous occa-sion, when the Methodist To M. E. Whitaker, administrator of J ohu Wood, deceased, late of Lincoln Book .Agents' claim was before the committee, and it was held by County, $140. the gentleman then in the chair that all that could be done was WEST VIRGINIA.. to make an order for postponement; and the Chair is disposed to To John A. Thomason, of Jefferson County, $8. hold now that to make this special order changing the rules of Mr. GIBSON. I move to amend the bill by adding on the third the House requires unanimous consent; that it can not be done page, after the thirteenth line-- · on motion. Mr. DALZELL. Mr. Chairman, before the gentleman gets to Mr. EVANS. It was practical1y unanimously agreed to before an amendment of the bill, I would like to have some explanation the committee rose. of it. Is there a report? Mr. MAHON. I simply did thissothatmemberscouldexamine the bill to see whether it was all right. Mr. MAHON. Yes, sir. Mr. RICHARDSON. I hope there will be no objection. If so, Mr. DALZELL. Let us have the report read, Mr. Chairman. we will go back into Committee of the Whole. Mr. MAHON. The report gives all the particulars. These are The SPEAKER pro tempore. Unanimous consent is a-sked that a few claims, amounting to $3,000, found to be due according to the the recommendation of the Committee of the Whole making accounting officers of the Treasury, that were not sent to the Court House bill 4936 a special order for Friday next be adopted. Is of Claimsunderthe Bowman Act. The report gives their history. there objection? [After a pause.] The Chair hears none; and it Mr. DALZEL.L. They are all of that same class? is so ordered. Mr. MAHON. And that is the end of them. Mr. DALZELL. Let us have the report read. ORDER OF BUSINESS. The report (by Mr. GIBSON) was read, as follows: Mr. MAHON. I move that the House resolve itself into Com­ The Committee on War Claims, to whom was referred the bill (H. R.1959) mittee of the Whole House to consider bills on the Private Cal· for the allowance of certain claims, reported by the accounting officers of the endar. Treasury Department, submit the following report: On February 5~ 1897, there was referred to the Committee on War Claims The motion was agreed to. a letter from the Acting Secretary of the Treasury, transmitting a list of ZT The House accordingly resolved itself into Committee of the claims arising under the terms of the act of July 4, 1864-, and allowed by the Whole Honse, l'rir. PAYNE in the cha,ir. prTr; ::;Ys~gf~m,~~~ since March 2, 1896, amounting to $3,630.15. The CHAIRMAN. The House is in Committee of the Whole 1 House, and the Clerk will report the next bill on the Calendar. [House Document No. 262, Fifty-fourth Congress, second session.] FOURTH OF JULY CLAIMS, TREASURY DEP.A.RTMENT, Fel>'l-uary 5, 1837. Sm: In compliance with the second section of the act of Congress ap­ The next business on the Calendar was the bill (H. R. 1959) for proved June 18,1874 (18 Stat. L., page 75), I have the honor to transmit her& with, together with the papers in the case, an additional claim arisin~ under the allowance of certain claims reported by the accounting officers the act of July 4, 1864-, examined and allowed by the proper accountmg offi­ of the United States Treasury Department. cers since March 2, 1896, the data of last report, amounting to $61.60. The bill was read, as follows: In this connection I would respectfully invite attention to similar lists of claims transmitted to Congress on the following dates, to wit: March 2, 189S, Be it enacted, etc., That the- Secretary of the Treasury be, and he is hereby, amounting to $390; January 30, 1895, amounting to $1,152.80; May 5. 189!, authorized and directed to pay, upon the requisition of the Secretary of War, amounting to $168.75; January 14,1893, amounting to $375, and April 19, 1892, 2490 CONGRESSIONAL RECORD-H-OUSE. MARCH 4,

amounting to $1,482, all of which are contained in the accom panying House List of claims. Document No. 271, Fifty-fourt h Congress, first session, and remain as yet unprovided for. Respectfully, your s, W. E. CURTIS, Claim. Allowed to- Amount. A cting Secretary. The SPEAKER OF THE HOUSE OF REPRESENTATIVES. Vincent Weathers, deceased (Elizabeth G. Weathers, ex- T RE.ASURY DEPARTMEXT, ecutrix), of Todd County, lty ______$300.00 0FFIOE OF THE AUDITOR FOR WAR DEPARTMENT, 30066 Thos. Phillips, deceased (John Phillips, administrato1·), of W ashington, D. C., FebJ'ttary ~ . 1897. Wilson County, Tenn ______------·--- ·------140.00 (Above allowed by Third Auditor.) SIR: In pursuance of the secon d section of the act of .June 16, 1S74 (18 Stat. 88838 John Rowzeo, decea.'3ed (George A. Rowzee, administra­ L., page 75), I have the honor to transmit a claim in favor of the heirs of John tor), of Montgomery County, Md ------­ 93.8 0 Willard, deceased, which is the only claim which has b een allowed under the 80660 L eonard Eiselstein, deceased (Valentine Eiselstein, ad- provisions of the act of July 4, 1864, since February 25,1896, when I referred ministrat-or ), of Meigs County, Ohio _____ ------69. ()() to you a list of claims amounting to $390. Upon the claim now submitted, the John Wood, deceased (M . E. Whitaker, administrator), sum of $61.60 is r ecommended for allowance. of Lincoln County, Tenn ______-----·----- ·------HO. ()() Your at tention is r espectfully called to t he fact that no ap_propriation was 79916 James M. Miller, deceased (W. M. Miller, administrator), made for t he payment of the claims r eferred to you in February last, and of Bourbon Count y, Ky ______------150. ()() that none has been m ade for the payment of several other lists of claims 62595 James M. Grimes, deceased (T. H . Nixon, administrator), which will be found enumer ated in Report N o.1783, House of Representatives, of Maury County, Tenn ______--· ______. _____ ---·-· __ .... Fifty-tilird Congress, third session. 260. 00 Respectfully, yours, T. STOBO FARROW, .Auditor. [House Ex. Doc. No. 212, Fifty-third Congress, second session.] The SECRETARY OF THE TREASURY. TREASURY DEPART:M.El\""T, May 5, 1894. SIR: In compliance with the second section of the act of Congress approved [House Document No. 271, Fifty-fourth Congress, first session.] June 16, 187-t (18 Stat. L ., page 75 ), I have the honor to transmit herewith, together with the papers in the case, a. claim arising under the act of July 4 TREASURY DEPARTMEllo'T, March fa, 1896. 1864, examined and allowed by the proper accounting officers since January SIR: In compliance with the second section of the act of Congress approved 13, 1893, amounting to $168.75. June 16,1874 (18 Stat., page 75), I have the honor to transmit herewith, together In this connection I would respectfully invite attention to two similar lists with the pap ers in the cases, a list of claims arising under the act of July 4, of such claims transmitted to Congr ess, one on April 19, 1892, amounting to 1864-, examined and allowed by the proper accounting officers since January $1,55H.80, and the other on January U , 1893, amounting to $375, both of which 23, 1895, the date of last r ep ort, amounting to $390. are contained in the accompanying copy of House Executive Document No. In this connection I would respectfully invite attention to similar lists of 190, Fifty-second Congress, second session, and remain as yet unprovided for. claims t~· avsmi t t ed to Congr ess on the following dates, to wit: January 30, Respectfully, yours, 18!15, am ounting to $1, 152.80; May 5,1894, amounting to $168. 75; January 14, 1893, W. E. CURTIS, .Acting Secreta1-y. amounting to $375, and April 19, 1892, amounting to $1,482; all of which are contained in the accom:panying House Ex. Doc. No. 277, Flfty-third Congress, The SPEAKER OF THE HOUSE OF REPRESENTATIVES. third session, and remam as yet unprovitied for. Respe~ tfully, yours, TREASURY DEPARTMENT, S. WIKE, Acting Sec-l'etary. OFFICE OF THE THIRD AUDITOR, Washington, D. C., May 4, 1894. The SPEAKER OF THE HOUSE OF ~~RESENTATIVES. SIR: In -pursuance of the second section, act of June 16,1874: (18 Stat. L. page 75 ), I mclose a claim in favor of tile estate of John C. Owensby, deceaseU: TREASURY DEPARTMENT, Ge or~e W. Lewis, administrator, which is the only claim which has been OFFICE OF AUDITOR l!'OR THE WAR DEPARTMENT, exammed and allowed under the provisions of the act of July 4, 1864, since Washington, D. C., February 25, 1896. J anuary 13, 1893, when I transmitted to the Secretary of the Treasury a list SIR: In pursuance of the second section of the act of June 16,1874 (18 Stat., of claiiDS under said act. · page 75), I inclose a. list of claims examined and allowed under the provisions I respectfully call attention to a list of allowances of this class, amounting, of the act of July 4 1864, em bracing the claims allowed since tile r eport of this in the ag-gregate, to $1.559.80, which I transmitted to the Secretary of the office to you on January 23, 1895, and amounting to the sum of S390. Treasury on April13,1892, and which was certified by him to the Speaker of I bell' leave to call attention also to House Ex. Doc. No. 277, Fifty-third Con­ the House of Representatives, and for which an appropriation has not yet gress, ·third session, which contains lists of claims previously transmitted to been made (vide list in House Ex. Doc. No. 208, Fifty-second Congress, first Congress by the Secretary of the Treasury, as shown therein, which remain session), and also to the list transmitted under said act of July 4, 1864, on unprovided for. J anuary 13, 1893, amounting to $375, for which, also, Congress has not made Respectfully, yours, T. STOBO FARR1~itor. any appropriation. (Vide list in House Ex. Doc. No. 190, Fifty-second Con gresst.!'econd session.) The SECRETARY OF THE TREASURY. .l:'espectfully, yours, SAM'L BLACKWELL, Auditor. Ron. JoHN G. CARLISLE, List of claims. Secretary of the Treasury.

Claim. Allowed to- Amount. [House Ex. Doc. No.190, Fifty-second Congress, second session.] TREASURY DEPARTME1i'T, January 14,1893. SIR: In compliance with the second section of the act of Congress ap:proved 84679 G. W. House, deceased (A. J. House, administrator), of June 16, 1874 (18 Stat., page 75), I have tile honor to transmit h erewith, to Smith County, Tenn ______------.. $50 get h er wit h the papers in each case. a list of claims arising under the act of 67334: Christina Brown, deceased (R.M.Brown, administrator), July 4i 1864, examined and allowed by the proper accounting officers since of Hamilton County, Tenn ______------105 April 3, 1892, amounting to $3'75. 6313.'> George P . Bernd, deceased (Warren Tebbs, administra­ I also inclose a similar list of claiiDS transmit ted to Congress April19, 1892-J tor)J of Dearborn County, Ind. _------­ 125 and contained in the accompanying House Ex. Doc. No. 208, Fifty-secona 81197 Jose~n T. Mason, deceased (John Loague, administrator), Congress, first session, amounting to $1,559.80, which as yet remain unprovided of Shelby County, Tenn------110 for. Respectfully, yours, CHARLES FOSTER, Secretary. [House Ex. Doc. No. 277, Fifty-third Congress, third session.] The SPEAKER OF THE HOUSE OF REPRESENTATIVES. TREASURY DEPARTMENT, January SO, 1895. SIR: In compliance with the second sect ion of the act of Congress approved TREASURY DEPARTMENT, OFFICE OF THE THIRD AUDITOR, June 16 1874: (18 Stat. L ., pa &"e 75), I have the honor to transmit herewith, Washington, D. C., January 13, 1899. togethe ~ with the papers in tne cases, a list of claims arising under the act of SIR: In pursuance of section 2, act June 16, 1874 (18 Stat., page 75), I in July 4 18G4, examined and allowed by the proper accounting officers since close a list of claims allowed under the provisions of the act of July 4, 1864, May 4-: 1894, t h e date of las t r eport, amount.ing_ t-o $1,152.~ . . . . the present list embracing the allowances since April13, 1892, viz: In t his connection I w ould r espectfully mvite attentiOn to Similar hsts of Thomas Alexander, deceased, Johnson County, l'l!o., J. A. Houston, claims transmitted to Congr ess on the followin"' dates, to wit: April19, 1892, adm inistrator of------·------$125.00 amoun tin g to 81,48::1; Janu ary 1~, 1893,$375, and 1\-!'~y 5,1894,$168.75, all of wp.ich J ohn Bain, deceased, Lawrence County, Mo., William E. Bainand Mary are contained in the accompany-1ng House Executive Document No. 212, Fifty­ E. Bain-.1.-children and sole heirs of ______------·----- ____ ------100.00 third Co~gress second session, and remain as yet unprovided for. John M . .1:1art, Bourbon County, Ky .••..•. ------·------150.00 Respectfully, yours, S. WIKE, Actin g Secreta1·y. Total . __ --- _-----.-----. ______----· _----- ______375.00 The SPEAKER OF THE HOUSE OF REPRESENTATIVES. The papers pertaining to these three claims are herewith inclosed. I also invite attention to the list of allowances of this class, aggregating TREASURY DEPARTMENT, $1,559.80, which I reported to__ you on April 13, 1892, and which was certified OFFICE OF AUDITOR FOR THE WAR DEPARTMENT, by you to the Speaker of the House of Representatives, and for which an ap Washington, D. C., January 23,1895. propriation has not been made. (Vide list, aggregating $1,559.80 in House Executive Document No. 208, Fifty-second Congress, first session. Copy SIR: In pursuance of the second section of the act of June 16, 1874 (18.S.tat. herewith.) L., :page 75), I inclose a list of claims examined and allowed un~ er the p;roVISI

TR-EASURY DEPARTME~"'T, OFFICE OF THE TIDRD AUDITOR, The CHAIRMAN. The rule· provides that claims arising from Washington, D. C., .April13, 189Z. any war in which the United States has been engaged are referred SIR: In pursuance of the second section,actJune 16,1874(18 Stat., page 75), I inclose a list of claims examined and allowed under the provisions of the to the Committee on War Claims. act of July 4, 1864, the present list embracing the claims allowed since those Mr. DALZELL. Well, but this was for service that I under­ reported to you on February 7, 1891, the aggregate being $1,559.80. * * * stand was rendered to the State of Missouri. Very respectfully, Mr. BARTHOLDT. To the Union. W. H. HART, Auditor. The SECRETARY OF THE TREASURY. Mr. RICHARDSON. Would there be any objection to having the report read, subject to the right of objection? Let us see what it is. Claim. Allowed to- Amount. Mr. DALZELL. I reserve the point of order. Mr. RICHARDSON. I would like to have order, so that we «.~« Jenkins, Benjamin, deceased (S. N. l\:lcMurray, adminis- can hear. trator of), of Blount County, Tenn .. ·------$125.00 Mr. BARTHOLDT. Mr. Chairman, the report being very 115441 Johnson, Jeremjah C., of Knox County, Term~------135.00 90875 Rawlings, Caroline R., deceased (Dr. G. B. Rawlings and lengthy, I suggest that the first 3 pages of the report be read. It Rosa E. Clark, nee Rawlings, children of), of Fayette contains the facts of this claim. County, Tenn.------... ------47.68 Mr. DALZELL. Let us have enough read to make it intelli­ 117252 Baker, George W., deceased tLucinda Baker, administra- trix o~),_ of Madison County, KY------­ 553.12 gible. 117202 Peal, William R., McCracken County, KY------­ 140.00 Mr. MAHON. All the balance of it after that to which the 85922 Stephens, Marion, of Metcalfe County, Ky ------­ 95.00 gentleman from Missouri has referred is newspaper articles. 87059 Stewart, Bennett, deceased (R. B. Brown, administrator of), of Gallatin County, Ky ------­ 150.00 The report (by Mr. MAHON) was read, as follows: 11959! Wallace, Harbert B., of Graves County, KY------­ 125.00 The Committee on War Claims, to whom was referred the bill (H. R. «11) 116062 Guittard, George, deceased (Madeline Guittard, widow for the relief of James H. Birch, submit the following report: of), of Marshall County, Kans ------5.20 This claim was presented to the Fifty-fourth Congress a.nd was reported 118913 Mohler, Benjamin, of Otoe County, Nebr...... 100.00 on by the Committee on War Claims, to which it was referred. 40001 Thomson, John A., of Jefferson County, W.Va...... 6.00 The investigation of the claim by your committee leads them to the same conclusions as those reached by the committee of the Fifty-fourth Con~ress. Total ...••.•.•... ••.•.• •...... ••• ...••••••.•• ..•• ••.... 1, 482.00 It is therefore deemed unnecessary to recapitulate the facts set forth in that report, a copy of which is hereto attached for information and made a part The committee have compared the bill with the cases favorably reported of this report. by the accounting officers and find the same correct, one case having been Your committee recommend the passage of the bill. omitted from the bill by mistake, and recommend the passage of the bill with the following amendment: [House Report No. 1299, Fifty-fourth Congress, first session.] On page 3, after line 13, insert "To the heirs of John Willard, deceased, late Mr. OTJEN, from the Committee on War Claims, submitted the following of Wayne County, $61.60." . report, to accompany H. R. 3000: The amount appropriated by the bill as amended is $3,630.15. The Committee on War Claims, to whom was referred the bill (H. R. 3030) for the relief of James H. Birch, submit the following report: Mr. MAHON. If no gentleman hasanythingtosay,Iwill move This is a. claim for services alleged to have been rendered by James H. that the bill be laid aside with a favorable recommendation. Birch and expenses incurred by him while acting as aid-de-camp to the gov· Mr. DALZELL. I understand that these are reports of the ernor of Missouri and recruiting officer for said State. during the years 1861 to 1865. Claim stated at $11,214. auditing department of the Treasury, and the claims are covered The following is the statement of services rendered by James H. Birch: by the act of July 4, 1864; and, these being the facts, it seems to Statement of services rendered by James H. Birch to the State of Missouri, and me they are proper claims to be paid. jo1· which he asks the Government of the United States to pay. Mr. MAHON. This is an end of the matter. This winds September and October, 1861, for recruiting and mustering into the service them up. of the State of Missouri, under the call of Hamilton R. Gamble, provisional The amendment recommended by the committee was read, as governor of Missouri, of August 24, 1861, for 42,000 volunteers in support follows: of the State government: · On page 3, after line 13, insert: Acting under the personal request and special order of the gov· ernor, he took char~e of the recruiting and mustering service in "To the heirs of John Willard, deceased, late of Wayne County, $61.60." northwest Missouri during the months of September and Octo­ Mr. DALZELL. Is that an addition? ber, 1861, and during those months mustered into service seven· Mr. MAHON. They sent that down after the bill was reported. teen companiesJ;o wit: Major Cox's Battalion, two companies; Major James's tlattalion, two companies; Major Joseph's Bat­ · Mr. DALZELL. Why not give it to the personal representa­ talion, two companies; the Harrison County Battalion, two com· tives? panies; the Atchison County Battalion, two companies; also the Mr. J.\.fAHON. We put it in as the Secretary of the Treasury companies of Ca_ptains Pinger, Edgar, Grooms, Rodgers, Ballin­ sent it down. ger, Birch, and Parrott, averaging 60 men and aggregating 1,088 The amendment recommended by the committee was agTeed to. men, at $3 per man ..•.••••....•....••••..•.... ------··-----···· $3,264 This service was rendered under the law of December 31,1859, as revived The bill as amended was ordered to be laid aside with a favora­ by convention ordinance July 30, 1861. ble recommendation. As showing the condition of affairs at that time and the necessity for WILLIAM E, WOODBRIDGE. prompt action, as well as the poverty of the State, a portion of the message of Governor Gamble of June 10,1862, is herewith appended. Mr. MAHON. Mr. Chairman, the next bill is one in which the Most of the soldiers thus recruited were afterwards transmuted into the gentleman from Massachusetts [Mr. McCALL] is interested. He First and Sixth Regiments United States Cavalry, under Colonels McFerran and Catherwood. being called away on account of an injury to a son of his, I am Of all thtl men engaged in this service there are now alive Major Cox. requested to ask unanimous consent that the bill be passed over Captain Folunbee, Captains Hogen, Ballinger, Plano, and Grooms, whose without prejudice and take up the next bill. statements I can get if desired. Under an ordinance of the convention adopted October 17, 1861,entitled The CHAIRMAN. The gentleman from Pennsylvania asks that "An ordinance to provide for the organization and government of t.he Mis­ the next bill upon the Calendar-No.10 on the Calendar-this bill souri State Militia," James H. Birch was appointed aid-de-camp on the staff (H. R. 266) be passed over without prejudice. Is there objection? of the governor, with the rank of colonel of mfantry, and as such served nn· [After a pause.] The Chair hears none. dar the personal orders of the governor from November 1, 1861, when his commission took effect, to the 15th of October, 1863, when his resignation was JAMES H. BIRCH. accepted, in consequence of the fact that, having been captured and paroled, he could no longer perform the duties required of him. For which service The next business on the Private Calendar was the bill (H. R. he asks for pay as follows: 4411) for the relief of James H. Birch, . One year and eleven and one-half months' pay as colonel of infantry, The bill was read, as follows: at $200 per month.---...... ----- •..•.•.... ---- •••.••..••••....•...•• $4,700 Be it enacted, etc., That the sum of $10,000 is hereby appropriated, out of . Commutation of rations for self, servants, and horses----·-····--·-·--· 2,000 any money in the Treasury not otherwise appropriated, for the use and bene­ For servant hire .. ------...... 750 fit of James H. Birch. of Missouri, said sum being for services rendered, Expenses of transportation .•••.•• ··------··········--······--...... 500 moneys expended, and expenses incurred by said Birch while acting as aid­ de-camp to the governor of Missouri and recruiting officer for the State dur­ Total .. ----- ..... ------.•...••. __ ...••...... •..•.• ------.•••• ••••• 7, 950 ing the years 1861 to 1865, and for which services and expenses no payment Amount charged for recruiting.••..•••••• -----·...... 3, 2M has ever been made. Mr. DALZELL. Mr. Chairman, is not this bill subject to the Leaving a total as due of ••..•••...•••..• ____ •••.••••••••.•..••.••••• 11,214 point of order? That certainly is not a war claim. PLATTSBURG, Mo., December 11,1895. Mr. MAHON. This is payment from 1861 to 1865 of a recruit- The above is as true and accurate a statement as I can make after a lapse ing officer. of so many years. As far as it goes it is true. JAMES H. BffiCH. Mr. DALZELL. In th~ service of the State of Missouri .. Your committee, in view of the foregoing statement of facts, report back Mr. RICHARDSON. Do you reserve the point of order? the bill and recommend its passage with the following amendment: Mr. DALZELL. Yes. In line 3 strike out ''eleven thousand two hundred and fourteen" and in· Mr. RICHARDSON. I do not lmderstand the bill. sert in lieu thereof the words " ten thousand." Mr. DALZELL. It was for service rendered to the State of Mr. DALZELL. Now, Mr. Chairman, that is not a war claim Missouri. and not acharge upon the Government. It is a claim against the Mr. BARTHOLDT. Mr. Chairman, this is a claim for services State of Missouri. The report shows that the servi,ces were ren­ actually rendered and for expenses actually incurred in the service dered the State of Missouri. I would like to have the report a of the United States. · moment. 2492 CONGRESSIONAL -RECORD-HOUSE. MARcH 4,

Mr. BARTHOLDT. The gentleman from Pennsylvania must Mr. COX. He was colonel by authority of the Missouri State understand that-- government? Mr. DALZELL. One mom.ent, please. This report says: Mr. BARTHOLDT. That is true; but, acting in this capacity This is a claim for services alleged to have been rendered by James H. he served the cause of the Union. ' Birch and expenses incurred by him while acting as aid-de-camp to the gov_ Mr. DALZELL. Not only that, but he made out his claim ernor of Missouri and recruiting officer for said State during the years 1861 to 1865. against the State of Missouri for services I'endered to the State of Statement of services 1'ende,-ed by James H. Birch to the State of Missouri, and Missouri, and went t.o the general assembly of the State of Mis· for which he asks the G01Jernment of the United states to pay. souri, and the committee of the general assembly found that the September and October, 1861, for recruiting and mustering into the service State of Missouri owed him the money and ought to pay it, but of the State of Missouri, under the call of Hamilton R. Gamble, provisional could not because there was something in the constitution that governor of Missouri, of August 24, 1861, for 42,000 volunteers in support of prevented it, and then he turned around and asked the United the State government: States Government to pay it. Acting under the personal request and special order of the gov(\rnor he took char~e of the recruiting and mustering service in northwest Mis­ Mr. SULLOWAY. Now, in response to what the gentleman souri durmg the months of September and October, 1861, and during has stated, although I could not-- those months mustered into service seventeen companies, to wit: Major The CHAIRMAN. The Chair will say to the gentleman from Cox's Battalion, two companies; Major James's Battalion, two compa­ paniesi Major Joseph's. Battalion, ~o companies: the Harrison County New Hampshire that this is a point of order and he would like to Battalion, two compames; the Atchison County Battalion, two compa­ have the gentleman speak loud enough so that the Chair can hear nies; a.lso the companies of Captains Pinger, Edgar, Grooms, Rodgers him. Ballinger, Birch, and Parrott, averaging 60 men and aggregating l,osS men, at $3 per man. Mr. SULLOWAY. I did not know that there was a point of This service was rendered under the law of December 31,1859, as revived order before the committee. by convention ordinance July 30,1861. Mr. BARTHOLDT. I ask unanimous consent that the gentle· Mr. COX. Was that by the law of Missouri? man from New Hampshire be allowed to make his statement. Mr. DALZELL. The report says that this service was rendered The CHAIRMAN. The Chair was not making any objection under the law of December 31, 1859, as revived by convention to the gentleman from New Hampshire proceeding, but he ordinance July 30, 1861. That was two years before the war. wanted the gentleman to speak loud enough so that the Chair Mr. COX. Where does he get the authority to charge$3 a man could hear. for enlistment? Mr. SULLOWAY. I understood the Chair to recognize me· Mr. DALZELL. I suppose he fixed it arbitrarily, the same as he and I b~g pardon if I transgressed in any way. I rose to make~ has other items. There is no excuse for pretending a minute that suggestion to the gentleman from Pennsylvania with reference to this is a legitimate claim against the United States. On its face the conditions which existed in the State of Missouri at the period and in every item, it shows itself to be a claim against the Sta~ in question. of Missouri and not against the Government of the United States. The then governor of Miss(:mri had Confederate proclivities as Mr. MEEKISON. When were the services rendered? is known to everybody familiar with the history of that time·' he Mr. COX. Who introduc-ed this bill? was designing to turn the State over to the Confederates. '11u·. Mr. DALZELL. I think it was introduced by Mr. DOCKERY. Lincoln, then President, and Mr. Stanton, Secretary of War en­ 1\Ir. BARTHOLDT. No; I introduced the bill I should like tered into an arrangement-which is in writing somewhere-i can to explain its merits. ln order to appreciate them it is necessary n~t put my hands on it, but I have seen it repeatedly in the com­ to understand the peculiar conditions then prevailing in Missouri. mittee room-- The governor was disloyal and left the State. A provisional gov­ Mr. DALZELL. Mr. Stanton was not then Secretary of War. ernor was acting at the time, and in order to save the State for Mr:. ~ULLOWAY. Well, whoe~er was Secretary of War-a theUnion-- proV1s10nal government was established there; and while I know Mr. DALZELL. I will yield to the gentleman from Missouri nothing of thjs man individually, I know that thousands of Union but I retain my right to the floor. ' soldiers in Missouri served as State militia. They were always Mr. BARTHOLDT. Under the provisional governor, Gamble recognized as Missouri militia, but were under orders of the Col. James H. Birch, the claimant, was authorized to recruit th~ United States, and performed precisely the same duties as if they thousand aud odd men that he did recruit at his own expense. In had been mustered into the service of the United States. This other words, the provisional government, acting under the au­ man undoubtedly stands in just that position. thority of President Lincoln and Secretary of War Stanton, au­ Mr. BARTHOLDT. Mr. Speaker, I want to call the attention thorized Colonel Birch to muster these men into service, which he of the gentlema~ from.Pennsylvania to t?e fact that the majority did at his own expense. Never having received a cent, either for of these compames enhsted. by Colonel B1rch have now a pension­ his expenses or for his time and services rendered by him in con­ able status, Congress having recognized their services. It is true nection with that enlistment, he makes this claim. they were enlisted by_State authority; they were never regularly The circumstances in Missouri were, I repeat it, very peculiar mustered into the service of the United States-- at that time, different from those in almost every other State. Mr. DALZELL. Oh, yes. When the legislature of the State of Missouri took up this claim, Mr. BARTHOLDT. Yet in spite of that fact Congress has rec­ it disposed of it by merely referring it to the Congress of the United ognized the justice of their claims for pensions. States for an appropriation. The services have been rendered; Mr. HEPBURN. I should like to ask the gentleman from Mis· the expenses have been incurred by a patriotic citizen, a Demo­ souri [Mr. BARTHOLDT] a question. I find by reference to the re­ crat of Virginia ancestry, but one loyal to the Union. There is port that the committes were averse to the payment of this claim no doubt about that. The legislature of Missouri has fully inves­ because of the inhibition found in section 32 of article 4 of the tigated the facts of the case. If this Congress refuses to make an constitution of Missouri, which denies to the general assembly of appropriation for these services and to recompense him for his the State the rjght to pass such an act until the Government of actual expenses, then he will never receive a cent, because the the United States has made an appropriation for such services. I State of Missouri is precluded under her constitution from making think that was the constitution of 1871. Under that constitution an appropriation for this purpose. You will find this stated on ~s I understand, there has been legislation authorizing an office~ page 3 of the report in the following language: of the State to audit these claims and to give to each holder of a · claim duly a:pproved ~certificate entitling him to a sum named [Copy of report of committee on claims.] Mr. SPEAKER: Your committee on claims, to whom was referred house when the Umted States shall make an approp1iation sufficient for bill No. 741, entitled "An uct directing the adjutant-general of the State to the payment of those claims. adjust and settle the accounts of James H . Birch while actin~ as a member I~ is my understanding_ t!Jat under the authority of that act of the staff of Hamilton R. Gamble, and appropriating money therefor," beg leave to report that they have carefully considered said bill and thoroughly clarms to the amount of millions of dollars have been audited the examined the merits of the claim upon which it is founded, and believe that ce!tificates of which are now afloat in the State of Missouri. I the same is just and proper and shoulq be t>..llowed, and would so recommend Wish to ask the gentleman from Missouri whether this is not a but for the fact that section 52 of article 4 of the constitution of the State of Missouri denies t o the general assembly of the State the right to pass such case where the claim was audited in that way-whether this gen­ an act until the Government of the United States has made an appropriation tleman does not hold certificates of that character? I know that for such services, and therefore recommend that it do not pass. there are very many of such certificates outstanding; I have seen Respectfully submitted. many of them myself; and I have seen newspaper statements to SCOTT ATKINS, Chairn~an. Certified copy- the effect · that the amount covered bv those certificates reaches ALBERT GRIFFEN, Chief Clerk. millions of dollars. Now, is not this one of those cases and will Mr. COX. One question right there. Now, in this item of ac­ not the payment of this claim be a precedent for the p~yment of count of his pay as colonel, $4,700, that is on page 3 of the report. all the balance? Who commissioned him as colonel? Mr. BARTHOLDT. I can not answer the gentleman s ques· Mr. BARTHOLDT. You will find on page 2 it is stated that­ tion, but p1·obably my colleague [Mr. DoCKERY], who knows all Under an ordinance of the convention adopted October 17,1861, entitled about this case, can give the gentleman the information he de­ "An ordinance to provide for the organization and government of the Mi<>­ sires. souri State ~Iilitia," James H. Birch was. ppointod aid-de-camp on the staff Mr. DOCKERY. Mr. Speaker, I have been engaged in a con­ of the governor, with the rank of colonel of infantry, and as such served under the personal orders of the governor from November 1,1861, when his ference at_the Senate end upon the legislative appropriation bill , commission took effect, to the 15th of October,1863. and have JUSt entered the Hall. I should like to know the exact 1898. CONGRESSIONAL RECORD-HOUSE~ 2493

status of this bill. I understand a point ot order has been raised a sympathizer with the Southern Confederacy, so it is charged. against it, and the discussion is now proceeding on that issue. In the summer of 1861 some kind of a convention got together Mr. DALZELL. My point of order is that these services having in Missouri and assumed all sorts of powers. They were mostly been rendered under the law of July 31, 1859, and rendered to the Union men. Among other things they ousted Claiborn F. Jack­ State of Missouri, this is not a war claim properly coming within son and the whole State administration, and appointed Hamilton the jlli-isdiction of the Committee on War Claims. It does not R. Gamble governor, with a complete roster of inferior officers. arise from any war in which the Government of the United States To say that the War Department appointed him is a mistake. has been engaged. The gentleman from Illinois [Mr. CONNOLLY] is wrong in that Mr. DOCKERY. But if the gentleman will examine the re­ regard. He was in no sense a military govern01·. He was civil port, he will find that the services were rendered under the law of governor de facto-whether de jure I shall not undertake to say. July 31, 1859, as revived by the convention ordinance of July 30, Mr. W ALKE.R of Massachusetts. The State war department 1861. or the Government War Department? Mr. DALZELL. Certainly; but the services were rendered to Mr. CLARK of Missouri. Neither one nor the other war de­ the State of Missouri-- partment. That convention in Missouri, either rightfully or Mr. DOCKERY. Undoubtedly. wrongfully, I do not know which, and do not care, appointed Mr. DALZELL. Not to the United States. Hamilton R. Gamble governor. Mr. DOCKERY. Primarily that is true. The report sets out Mr. WALKER of Massachusetts. Was not that government that fact. But this is a claimgrowingoutof the war and relating so organized recognized by Lincoln? to the war-as much so as the special pension bills we pass here Mr. CLARK of 11Iissouri. Yes, it was recognized by Lincoln from time to time for the relief of certain members or the State and depended on by Lincoln. Now let. me state another fact. militia who enlisted in the service of the State, but were not reg­ Here is where all the trouble comes in. I never have been able to ularly mustered into the service of the United States. understand yet why they did it. Down in Kentucky where I Mr. W AL.KER of Massachusetts. Mr. Chairman, we should lived, a man either went into the United States service, or stayed like to hear what our friend is saying over there . at home, or went into the Confederate army-one of three things. .Mr. DOCKERY. I was stating that this service, as shown by It was the same way everywhere else except in Missouri, where, the report on page 2, was rendered under a law of Missouri passed for some unaccountable reason, they rigged up three sorts of December 31, 1859, and revived by the ordinance of the conven­ militia, one the Missouri State Militia-I believe I am right about tion of that State of July 30, 1861. It is true, and the report the title-under which Birch was acting. They were sworn in makes no concealment of the fact, that the service was rendered for three years. They went into the Army, 99,000 of them, some Erimarily to the State, but in fact it was for the benefit of the of them as good soldiers as ever wore the Federal uniform. They Federal Government. I understand the gentleman makes the marched with Sherman to the sea; they fought at Pea Ridge, point of order against the bill-- Wilsons Creek, Chickamauga, Helena, Mobile~ Red River, and Mr. COX. Will the gentleman allow me to ask him one ques­ Mansfield; they fought everywhere that they were called on to tion? fight; but when the war was over and they undertook to get pen­ Mr. DOCKERY. Certainly; but I want to d.iBcuss the point of sions and the other things that pertained to volunteer soldiers, order. they could not get them because they were not sworn into the Mr. COX. The governor of Missouri authorized the enlistment service of the United States like other volunteers were. And of the man, and it was for the Union cause. every time that we undertake to get one of these soldiers pen­ Mr. DOUKERY. Certainly. sioned here, no matter how meritorious the case, we have to fight Mr. COX. Now, we make that point clear. Now, did not the that battle over again. But I will say this about it: If the Gov­ man, when he went to work under the authority of the governor, ernment of the United States accepted the services of these men, look to the State of Missouri for his compensation? which it did-- Mr. CLARK of Missouri. The best way to answer it is to ask Mr. WALKER of Massachusetts. It ought to pay them. another. I will play the Yankee with you, and ask you a question. Mr. CLARK of Missouri. It made use of them. Some of these Is it not true that ever since the war closed Congress has been as­ men died in its service. Others were wounded in its service. Still suming the war debts of Pennsylvania and New York and Massa­ others contracted disease in its service. They did everything that chusetts and all the rest of these States? soldiers could do, and I do not care whether they were called mili­ Mr. DALZELL. Never. tia or whether they were called volunteer soldiers, they are enti­ Mr. CLARK of Missouri. Is not that true? tled to all the privileges and immunities that go to a Federal Mr. DALZELL. Never. soldier, whether he came from Maine, from Kentucky, from Mr. UOX. I will answer the gentleman as soon as my friend Iowa, or fi·om California. (Applause.] from Missouri fMr. DOCKERY] answers me. I am opposed to pensioning bogus claimants, wherever they Mr. DOCKEltY. The1·e is no confusion about the matter. The come from. What! contend for is that the Missouri soldier, who service, as I stated a moment ago, was rendered to the State under fought a-s bravely as any other soldier~ shall not be discriminated this ordinance. against. Mr. COX. Did he not look to the State for his pay? Mr. HEPBURN. There were two classes of militia. Explain Mr. DOCKERY. If he did, he was disappointed, because the about the Pawpaw militia. State has not paid the debt. Mr. LACEY. There were two other sorts of militia, the provi­ Mr. RIDGELY. And the United States got the benefit of the sional militia and the enrolled militia. Are you not getting them service. . confused with the State militia? Mr. DOCKERY. And the service in effect was rendered.to the Mr. CLARK of Missouri. No; I am not. United States. Mr. HEPBURN. Explain about the PaWPaw militia. . Mr. RICHARDSON. How does the gentleman get around the Mr. CLARK of Missouri. There were two kinds of militia. point made by the gentleman from Pennsylvania that this is in Mr. LACEY. Three kinds. no sense a war claim? It seems to me this is a claim against the Mr. CLARK of Missouri. These Missouri State Militia went in Government of the United States, but not a war claim, and there­ as I said, for three years and served for three yeat'S. They ought u; fore the Committee on War Claims would not have juris.diction, be on the same basis as Frank Wolford'sFirstKentuckyCavalry.one I think, and under the ruling of the Chair in the case this morn­ of thA best regiments that ever marched into battle on the Fed8ral ing it would not be in order at this time. side. They ought to stand flat-footed along with the rest of the Mr. DOCKERY. !stated totheHousethatihadjustcomeinto soldiers. · the Hall, having been absent in connection with the conference Then ~here was the Em·olled 1\W.itia, which was only called out on the legislative appropriation bill, and therefore not familiar on occaswns. Then there was the Pawpaw or "shirt-tail~· mili- with the decision referred to. There is no doubt that this is a claim tia, that just sloshed around generally. [Laughter.] · arising out of the war. But for the fact of the existence of war The CHAIRMAN. The time of the gentleman has expired. the claim could not have existed either against the State or the Mr. BARTHOLDT. I ask unanimous consent that the time of Fede1·al Government. It is indubitably a "war claim.'-' my colleague be extended five minutes. Mr. CLARK of Missouri. If I can have five minutes I will There was no objection. explain the war situation in Missouri. Mr. CLARK of Missouri. I want to saythis tomyfriend from Mr. DOCKERY. I yield five minutes to my friend from Mis- Iowa [Mr. HEPBURN] who wastalkingaboutStatewarrantsofl\fis­ souri fMr. CLARK]. . souri, and I do not think I answered him correctly when he asked Mr. CLARK of Missouri. I am not very well informed about me privately a while ago. There are several million dollars of the merits of this particular bill, but inasmuch as .a great many · ''defense warrants," that by some kind of an arrangement were cer­ claims of Missouri soldiers are presented here~ I want to explain ~fied to by the State authorities. Since I come tothinkabout it, briefly, once for all, the anomalous condition of military affairs 1t was for loss of horse3, provender, feed, and things of that kind, in Missouri during the civil war. There is great misapprehension property loss, and had nothing to do with claims for service. on the subject in this House. That is my understanding. One of the troubles with my friend Claiborn F. Jackson was elected governor in 1860. He was from Pennsylvania. [Mr. DALZELL] and these other gentlemen is 2494 . CONGRESSION.A!L RECORD-HOUSE. MARon 4, that they can not understand that system of militia; and I stated Mr. RAY of New York. It is not a question-- a fact a while ago, that some of you gentlemen know as well as I The CHAIRMAN. The gentleman from New York will con· do, that the Government of the United States has been going on fine himself to the question. for thirty-five yea1·s indemnifying the State of Pennsylvania, in­ Mr. RAY of New York. I will undertake to do so, Mr. Chair­ demnifying the State of New York, indemnifying the State of man, but I understand that my friend [Mr. CLARK of Missouri] Iowa, indemnifying all the rest of these Northern States for was in oraer in the remarks that he made; and, if so, then any­ extraordinary expenses that they were at during the war. thing I may say by way of reply will also be in order. If I am If these Missourians were really defenders of the Federal Gov­ wrong in that, then I will gladly give way until some time when ernment, that is all there is to it, and I insist that, having accepted my remarks will be in order, for I certainly have no intention or the services of these men, they ought to stand on the same foot­ purpose at any time to violate the rules of the House or the pro­ ing as all the other soldiers. A general bill ought to be intro­ prieties of the occasion. duced clearing up this whole matter and fixing definitely and Now, I submit, Mr. Chairman, that if what the gentleman fairly the status of Missouri soldiers. I made a speech in the from Missouri said be out of order, I will take my seat without a Fifty-third Congress, in which I st_ated that of all the men on the further word. American continent that deserved credit for being either Con­ The CHAIRMAN. The gentleman from Missouri proceeded by federates or Union men during the war the people of Missouri, unanimous consent and gave some interesting points of history, Kentucky, and East Tennessee headed the list. It was very easy but the Chair did not get much information upon this point of to be a Union man in Massachusetts. It was not profitable to be order. anything else. Mr. CLARK of Missouri. · Mr. Chairman, I ask unanimous con­ It was easy to be a Confederate in Mississippi and dangerous sent that the gentleman be permitted to proceed. to be anything else, but in Kentucky and Missouri and eastern The CHAIRMAN. The gentleman from l\fissouri asks unani­ Tennessee it was extremely hazardous to be either or neither, mous coUEent that the gentleman from New York be allowed to and when a man got up in the morning he had to feel of his proceed. Is there objection? [After a pause.] The Chair hears topknot to discover if, like the flag of his country, it was still none. there. [Laughter and applause.] And having done more fight­ Mr. RAY of New York. I will not abuse the privilege. I do ing than any other State in the Union, because Missouri sent not care to occupy the time of the House, but I did not want, I 99,000 to the Union Army and God only knows how many to the will say to my friend from Tennessee [Mr. RICHARDSON], anyin­ Confederate army, they do not get any credit for either. [Laugh­ correct impression to go to the House. I desire to have it thor­ ter.] If we come in here and want a pension for a Missouri sol­ oughly understood that there are two classes of militia who served dier and say he was a Union man, some fellow who never smelt during the war of the rebellion from the State of Missouri. powder says, ''There were no Union men in Missouri or Kentucky." Mr. LACEY. Three classes. If we say a Missourian was a good Confederate, some man away Mr. RAY of New York. Yes, tlu:ee classes; but there are two down in Dixie will say, "Oh! Missouri and Kentucky did not to which I desire to call attention. One class refused to go out­ secede." In answer to that I say, ' 'Some of us did and some of side of the State and subject themselves to the orders of the Gov­ us did not." I am in favor of giving the Missouri soldier his due, ernment of the United States, served at home and simply defended whether he votes for me or not. That is the situation, and this the State, and that is all they would do. There was another class House ought not to object to doing justice. [Applause.] who consented to subject themselves to the orders of the Govern­ Mr. RAY of New York. Mr. Chairman-- ment of the United States, who went outside and did valiant fight­ The CHAIRMAN. The Chair is ready to decide the point of ing. That class has always been recognized by the United States order. as pensionable, and those of that class are pensionable either un­ Mr. RAY of New York. I have some pertinent remarks which der the act of 1890 or under the general law. So my friend from I think might change the opinion of the Chair. Missouri should not fall into a mistake and convey the erroneous impression that all from the State of Missouri who served on the The CHAIRMAN. The Chair will hear the gentleman. Union side are not pensionable. Mr. RICHARDSON. We would like to have order, so that we Mr. BARTHOLDT. Will not the gentleman from New York can hear over here. admit that these soldiers who were not regularly enlisted in the Mr. RAY of New ·York. I am always ready, Mr. Chairman, to United States service and did not go outside of the State, but recognize the zeal and patriotism of my friend from Missouri; but served within the State at such battles as Wilsons Creek and sometimes when he gets thoroughly stirred up he is a 1i ttle extrava­ others-will he not admit that they are entitled to a pension? gant in some of his statements. He is mistaken in saying that Mr. RAY of New York. Do you ask whether they are entitled the Government of the United States has not reco~nized any of the soldiers of the State of Missouri who fought m the Union to a pension as a matter of right or as a matter of law? Army. All the militia of that State who consented to go outside Mr. BARTHOLDT. I ask if they ought not to have a pension? of the State of Missouri in times of necessity and fight for the flag Mr. RAY of New York. I would be in favor of a law pension­ of their country and who submitted themselves to the authority of ing all men who entered the service of the United States, who the United States Government have been recognized as pension­ subjected themselves to the authority of the United States, and able or as having a pensionable status. Those who refused to go fought whenever and wherever they were called upon to fight. outside of the State have not been so recognized; and so it has been Men who enlisted in a State organization simplylfor the pur:posa that in very many instances specia.llegislation has been invoked to of defending the State against invasion, defending their own cover the case of those men who engaged in battles fought within homes against invasion, should not be pensioned by the Govern­ the State. ment of the United States, because a man who did not have pa­ Mr. RICHARDSON. Mr. Chairman, I submit the gentleman triotism enough to enlist himself under the flag of his country is not discussing the point of order, but is discussing whether the and fight for his country and his whole country should not be pensioned by the United States. If he would only consent to de­ militia of Missouri is pensionable, which is not involved in this fend his State, then the State ought to take care of him, and that point of order, I claim, Mr. Chairman. is a wise distinction that has been made in the pension laws of the Mr. RAY of New York. Dol understand my friend from Ten­ United States. nessee to indicate that his colleague from Missouri [Mr. CLARK] Mr. BAR'£HOLDT. I want to say, further, that there was at was not addressing himself to the point of order? that time a conflict between the State of Missouri and the United Mr. RICHARDSON. I think the question of pensioning Mis­ States. A large number of men were enlisted by State officers and souri soldiers is not in order. also under the United States authority, but they were not regu­ The CHAIRMAN. The question is simply as to whether this larly mustered into the United States service. Nevertheless, they claim arises from any war in which the United States has been left their homes, fought for the Government and were wounded, engaged. Of course the gentleman from New York will confine and yet these people do not get a pension to-day. himself to the discussion of that question. Mr. GIBSON. Mr. Chairman, I rise to a point of order. I make Mr. RAY of New York. Well,ifmyfriendfromMissouri [Mr. the point of order that this discussion is not pertinent to the bill CLARK] was entirely out of order in the remarks he made, why, or the point of order before the committee. perchance, then, I am out of order. Mr. RAY of New York. Mr. Chairman, I will only speak for a Mr. RICHARDSON. This bill does not pension anybody, and moment more. I desire to say, in answer to my friend from Missouri, does not propose to pension anybody. that the avenues of enlistment to the United· States Army were Mr. MAHON. But it pays for recruiting service. thrown wide open, and every able-bodied man in any State in this Mr. RICHARDSON. This is to pay a man $10,000. Union who desired to fight for the Union in theUnionArmyhadan Mr. RAY of New York. Do I understand my friend to say that opportunityto do so. Those who refused to do so and would only his colleague [Mr. CLARK] was entirely out of order in the remarks enlist in defense of their own State stand on an entirely different he made? basis from those who were willing to enlist and fight anywhere Mr. ROBINSON of Indiaria. That has nothing to do with it. and everywhere in defense of the United States Government. The question of comparison does not seem to cut any figure in My friend from Missouri r:Mr. CLARK] was too broad in his considering a point of order, from my experience yesterday. statements. It is sometimes difficult to determine just who were 1898o CONGRESSIONAL RECORD-HOUSE. 2495 a,nd who are pensionable under laws that have been in force' or cases, Mr. Chairman, that I was unwilling to allow the ~tatement laws now in force, but om· whole le!P-slation indicates that all who to stand unchallenged that the soldiers from the State of :Missouri subjected themselves to the authorities of the General Government have not been pensioned. as enlisted soldiers have been recognized as pensionable. Mr. BARTHOLDT. Mr. Chairman, I want to say a word upon I will call attention to some of these organizations and to the this point of order. laws tmder which they have been pensioned. . Mr. MAHON. Mr. Chairman, how much time under the rule At the outbreak of the late rebellion a provision of the act of can be devoted to a point of order? April24, 1816, was in force, which provided that'' All laws and reg­ Mr. DOCKERY. If the gentleman from Pennsylvania will ulations relating to the admission of the officers and soldiers of pardon me just a moment, as I am compelled to return to a confer­ the Regular Army to be placed on the pension roll of the United ence on the legislative bill at the other end of the Capitol, I desire States shall, and they are hereby, declared to relate to the officers to invite the attention of the Chair to this paragraph in the re­ .and soldiers of the militia whilst in the service of the United port: States." Most of the soldiers thus recruited were afterwards transmuted into the The act of July 22, 1861, authol'ized the President to accept vol­ F1rstand Sixth Regiments of United States Cavalry, under Colonels McFerran unteers not exceeding 500,000, and section 6 of that act provided and Catherwood. · that any volunteer received into the service of the United States This excerpt indicates the fact of this claim having grown out of under the act and who might be wounded or otherwise disabled the war. It is obvious that this is a "war claim" within the in service should be entitled to the benefits which had been or meaning of the rule. might be conferred on persons disabled in the regular service and Mr. BARTHOLDT. Mr. Chairman, a point of order, as I un­ the widows and legal heirs of such as should die or be killed in derstand it, has been made that this is not a war claim, but a claim the service. Early in 1862 attention was called to the fact that for services rendered the State, and consequently the State should certain irregular forces known as "home guards" and not o:J,·gan­ pay for these services. Now, I claim-and I wish my friend from ized as militia or a~cepted into service by the President had been Pennsylvania [Mr. DALZELL] would pay attention to my re­ performing military service in the State of Missouri during the marks-! claim that there is no State in the Union that would summer and fall of 1861 in behalf of the General Government, make an appropriation for payment of such services. Conse­ but without pay, either from the State or the United States. quently, if the State does not pay and the United States refuses to Thereupon an act was passed which provided, among other pay, then this man is out $11,200, which he has sacrificed for the things, that those so employed ''who may have been wounded or good of the Union and the cause of his country. I call attention incapacitated for service, shall be entitled to and receive the pen­ to the fact, and I want to emphasize it, that most of these men sion allowed for such disability." who were recruited by this officer were afterwards mustered into July 14, 1862, a law of more general application was enacted, the service of the. United States. Consequently the United States which provided for pensions to any officer, noncommissioned offi­ derived the benefit of their services. cer, musician, or private of the Army, including regulars, volun­ Now, why is not this a war claim? He acted under the author­ teers, and militia, who have been, since the 4th day of March, 1861, ity of the provisional governor recognized by Lincoln and recog­ or shall hereafter be disabled, etc., and to their widows, minors, nized by the War Department, and recruited and mustered into and other dependent relatives. service more than a thousand men, not for the State, but for the In the State of Missomi there were also organizations known cause of his country. I should like to have the attention of the as the" Missouri Militia," some of whom enlisted for three months committee for one moment to read his record, and if it can not and some for six months. In addition there was an organization be done because we are discussing a point of order I would ask known as the "Missouri State Militia," another known as the unanimous consent to have the Clerk read that man's record "Enrolled Missouri Militia," and others known as the "Provi­ before the Chair passes on this point of order. I am surprised sional Regiments, Enrolled Missouri Militia," and also "Provi­ that this point of order should be raised on this side of the House. sional Companies of Enrolled Missouri Militia." Special provision I would not be sm·prised if it were raised on the other side; but was made by law for the members of the "Missouri State Militia." the point having been raised on the Republican side, I shall have Disabilities incurred during service and in line of duty by mem­ to go home to Missouri and· explain to my people why it is that bers of any of such organizations are pensionable under the general the Republicans of the House of Representatives will not recog­ law. nize the valuable services rendered in the dark days of the rebel­ The service of the Enrolled Missouri Militia is not pensionable lion by those Missourians, who, irrespective of technical orders, under any existing law, but was once a pensionable service. The went to the front to defend their country's flag. I ask the Clerk time limit has run. to read what I have marked in the report of the committee. By act of March 3, 1873, section 4'722, Revised Statutes, the ben­ The Clerk read as follows: efits of the general pension law were extended to the 'members of A WAR INCIDENT. the regiments organized as "Pi.'ovisional Regiments, Enrolled "There came mighty near being a big row in this town in 1861," said an ?,ld man to us in reply to our question about some reminiscences of the war. Missouri Militia." It was the day after the news came of the bombardment and surrender of The Provisional Companies of Enrolled Missouri Militia were F ort Sumter. Nearly every business house and residence in town had a called out expressly for local defense and temporary service, rebel flag floating on it. Colonel Birch came into town and, seeing the crowd and the occasion, remarked that if he had a Union flag he would put it up whereas the Provisional Regiments were organized for permanent on his office. Dr. Fred Essig, who was but a little boy at that time, said they and general service. These companies belonged exclusively and had one at their house and he would get it. He brought it, and Colonel Birch without exception to the State, and are not pensionable under the got a carpenter, who nailed it to a staff and spiked it to the roof of his office. general law. "That act created a terrible sensation. Soon a crowd had gathered and swore that the flag had to come down, and was making preparation to exe­ By ruling No. 45 of the Commissioner of Pensions- cute its wishes. About this time Colonel Birch appeared on the opposite side All claims for pension on account of services in the "Missouri State Mili­ of the street with a double-barreled shotgun and, halting the leaders, notio tia" and "Provisional Enrolled Missouri Militia" shall be treated as to title, fied them tJ?.a t ~hat was his _office a:nd his flag, and that he would kill the first rate., aud commencement of pension as on equal footin~ with claims of per­ man who laid his handg on It. This act had the effect to suspend operations. sons provided for by para~aph 1, section 469a, Revised Statutes. Col. John T. Hughes was then recruiting the regiment which won such re­ The "Enrolled Missouri Militia" having been called into the service of the nown for its fighting qualities at 'Bloody Hill,' at the battle of Wilsons Creek State of Missouri, and commanded by the officers of the United States for under Gen. Sterling Price. A portion of this regiment was in quarters near the tim·e being in command of the force8 of the United States in said State Plattsburg, and the leaders broke for Hughes's quarters with their tale of by virtue of an agreement entered into between the President of the United woe. States and the governor of Missouri, shall be held as the militia of a State, . ''Now, HU;g~eswas as brave~ man as lived, and was gratified to learn that provided for in paragraph 3, section 4:693, Revised Statutes, and pensionable Bll'ch was willing to fight for hiS flag. They had been soldiers when they under said paragraph for wounds or injuries received in lattle, provided were boys in the Mexican wa:r, and he tried to talk them out of the~ foolish­ the claim was completed prior to July 4:, 1874:, or if pending on that date, is ness. But they were not satisfied. 'It was an insult,' they said, 'and it had susceptible of admission upon satisfactory record evidence showing there- to come down.' Hughes came with them down the street to where Birch was standin~. and, after passing the compliments of the morning, said, • Birch, ceiSa~~~~0a~~~~i'~fYs~~:i~~~!n the Missouri Home Guards and other ir- what did you put that flag on your office for?' 'Why,' says Birch, 'Mr. regular organizations called into the service by the generals commanding the Hughes, that's my flag, and I clairi:J. the same right to put up my flag on my western department, or the Department of the Missouri, title to pension for office as these o~her men ~veto ~ut up their flags.' 'Well, you didn't put same bein~ established by the provisions of section 2 of the act of March 25, up your flag to msult us, did you? 'Did you put up your fla_gs to insult me?' 1862, shall m all respects be treated as claims on account of service in the vol­ replied the Colonel. 'Why, no; of course we didn't,' replied Hughes. 'Well untary forces of the United States, the service to be established by the rec­ then, neither did I.' ' ords in the office of the Third Auditor of the Treasury or the Paymaster­ "'This ended the colloquy-1 and Colonel Hughes moved the boys off and General, United States Army, they fol~ow ed him, .an~ th~ nag stayed ~:p, and ther.e was no row." In general language, it may be stated that those who enlisted As still fur~he! ~di~tmg the condi~on of a.~a:rrs and public sentiment as well as the mdiVJ~uality ?f Colonel B1~ch's oprmons ~nd actions, it is well and subjected them~ elves to the orders of the officers of the Gov­ to state that the O:mon sen~unent of the ::;tate was afraid to take position on ernment of the United States either have possessed or now possess the slavery q. uestion, and m the celebrated Union meeting in St. Louis in a pensionable status, subject in some cases to certain limitations January, 1861, among other resolutions, the following was adopted: "SEc. 6. The possession of slave property is a constitutional right and as and conditions, irrespective of whether they went outside the such ought to be ever recognized by the Federal Government· that if the State or not. In all cases those who submitted themselves to the Federal Government shall fail and refuse to secure this right the Southern orders of the Government and went outside the State and acted States should be found united in its defense, in which event Missouri will share the common danger of the South." in defense of the Union have been given a pensionable status. Thesa r esolutions were made the basis of the sentiment of the Union men The Government has been so just and so liberal in all these throughout the State to mollify the slaveholding interest. In a. speech made

- ' . 2496 CONGRESSIONAL RECORD-HOUSE. MAROH 4, by Colonel Birch at CameronJ!o., as reported in the St. Louis Republican of con·ceded. Then, in order to entitle it to conside1·ation under the May 10, 1861, he was asked, "w nat about the sixth resolution?" To which Colonel Birch replied: "If ther& is a man in this audience who does not know rules, it must relate to the war or be founded upon some fact or that if this war proceeds that slavery will be ground to the dust beneath its incident connected with the war. iron heel, and that the slaves will be free, that man has not sense enough to l\Ir. BARTHOLDT. The point of order is not based on the alle­ comprehend the fearful epoch in which we live. Therefore, he who prefers to fight for his slaves rat her than the Union had just as well take his musket gation that this is the wrong time to consider the bill, but upon the and ~o into the Confederate army now. For my part, as between the flag claim that the services rendered by this man were rendered to whicn my Virginia grandfather helped to establish and christen with his the State of Missouri, not to the United States; that is the point blood and the slaves which I own or expect to inberit1 I have no h esitation in declaring that I prefer the flag, and the Union of which it is the emblem, to which I contest. I say that these services were r endered as much the right to hold slaves." to the United States as to the State. This was the first time anyone had dared publicly to express such senti­ Mr. DOCKERY. As I understand the point, having come in ments in that section of Missouri, and its publication created the greatest in­ after the debate began, and not being familiar with the course dignation in Plattsburg when it reached there, so much so that he was forced to defend himself from a mob, and which led to an unsuccessful attempt at debate has already taken-- assassination. Mr. DALZELL. The gentleman from Missouri [Mr. DOCKERY]' The calling to~ether of the Missouri le_gislature by Governor Jackson, the has stated the point of order correctly. passage of the military bill to arm the State and force it into the Southern Confederacy. transpiring during the month of May, 1861, brought things in Mr. DOCKERY. Do I understand my statement of the pojnt Missouri to the very verge of ciVil war. The enrollment under the law and of order to be correct? the threatened draft under it in connection with the call of Governor Jack­ Mr. DALZELL. Yes, sir. son for 50,000 troops forced the Union men to take steps for their own protection. Mr. DOCKERY. In other words, the point of order is a tech­ The Union men in the alaveholding sections were forced to surrender or nical appliance invoked to prevent the consideration of this claim organize for self-protection. Colonel Birch therefore gathered together the at this time on the ground that it is not a war claim. kindred spirits in his county who could not be led into secession, and they organized themselves into companies to resist the enforcement of the draft It is admittedly a claim. Now, then, if it does not relate to the which was threatened by the Jackson government. The result was a con­ war, then it seems to me the two regiments commanded by Colo­ flict, and on the 1st of September Boyd's Confederate regiment burned the nels McFerran and Catherwood were organized under a mistake. Platte River bridge on the Hannibal and St. Joe Rail way, drove the Union men out of Plattsburg, forcing them to concentrate at Ca.meron, where they were There was, I know, a widespread impression in Missouri that war reenforced by their friends from the counties of Dekalb, Caldwell. and Daviess, existed. There was a good deal of disturbance, and this claim with shotguns and rifles, to the number of near 400, where, after organizing originated at that time. I have a very clear recollection myself by electing Colonel Birch as their commander, they defended themselves, as that there was some "unpleasantness;" and the claim grew out well as the railway commurucation to the East, and kept the Stars and Stripes afioat until Gei!eral Pope came through with tho troops and took possess10n of that fact, which some have denominated the " war between of northwest Missouri and drove the Confederates to the south side of the the States." [Laughter.] In my judgment, this is a war claim, river. and as such fairly entitled at this time to consideration under the In the meantime Governor Jackson was deposed by the constitutional con­ vention, and it established a provisional government with Hamilton R. Gam­ rules. ble as governor. Governor Gamble issued a call ror1 42,000 volunteers for I have not discussed the merits of the claim, because the ques­ State service for six months, and directed Colonel Birch to muster them into tion of order must first be decided. service in northwest Missouri Under that call he mustered the men who were with him at Cameron in the State service, to wit, Cox's battalion, from MESSAGE FROM THE SENATE. Daviess County; James's .battalion, from Caldwell County; the Dekalb County men under Parrott, and the Clinton County men under Edgar and The committee informally rose; and Mr. GROW having taken Grooms. In addition, he mustered the men f.rom the counties of Andrew, the chair as Speaker pro tempore, a message from the Senate, by Harris, and Atchison, Pinger's men in St. Joseph and Dumhiller's battalion Mr. PLATT, one of its clerks, announced that the Senate had passed in Buchanan, and armed them with muskets received from Governor bills of the following titles; in which the concun·ence of the House Gamble. In December,l861, Governor Gamble placed Colonel Birch upon his staff, was requested: with the rank of colonel of infantry, in which capacity he served until he was S. 3644. An act to provide a life-saving station at Nahant, in taken prisoner and paroled by Gen. JohnS. Marmaduke (who was afterwards the State of Massachusetts; elected governor of .Missouri), he being at that time in the Confederate service. His duties were most arduous and often very dangerous. The State was S. 20. An act to provide for the transfer of the Fort Sidney in the greatest; ferment and confusion, and his duties were of observation Military Post Reserve to the State of Nebraska for educational and report-receiving his instructions in person and making his reports in purposes; person-based upon knowledge acquired of the movements and purposes of S. 910. An act for the payment of the claim of M. M. Defrees the hostile elements in the State. for the construction of a sewer adjacent to the lands of the United . Mr. BARTHOLDT. Mr. Speaker, what has just been read States, known as the Arsenal Grounds, in the city of Indianapolis, illustrates perhaps better than any words of mine could do the Ind.; and character of the man who stands here before you as a claimant. S. 3145. An act to establish an assay office at Seattle, Wash. · No element of personal consideration prompts me to defend the The message also announced that the Senate had passed with­ claim, but it is a test case, and I hope and trust that this claim out amendment the bill (H. R. 4167) to increase the pension of will not be put down by a resort to technicalities, by a point of John Q. Washburn. order, but that the Congress of the United States will recognize ·The message also announced that the Senate had agreed to the now and for all time the justice of the claims of men, all those amendments of the House of Representatives to the bill (S. 3839) people of my State who have rendered valuable services to our authorizing the Mississippi River, Hamburg and Western Rail­ country in its hour of need, though technically they were com­ way Company to construct and maintain a bridge across the missioned merely by the provisional governor of the State. Their Bayou Bartholomew, in Arkansas. loyalty and patriotism saved Missouri to the Union, and by saving Mi souri saved the Union. [Applause.] JAMES H. BIRCH. Mr. DOCKERY. Mr. Speaker, coming into the Hall under the The committee resumed its session. circumsta.nces to which I have already adverted, and being unad­ Mr. BLAND. Mr. Chairman, unquestionablythisisawarclaim. vised as to the discussion already had, I have not discussed the Claims of this kind presented by the States as war claims have merits of this case, because the question now at issue is the point been pending in the War Department for many years. When of 0r er. In addition to what I have ah·eady said, I desire now to the claims of which this is a part come to be discussed in this call the attention of the Chair to the fact that Mr. Gamble at the Honse, I shall have something to say about them. I do not say time referred to wa3 provisional governor of Missouri, recognized that I am in favor of this claim or against it; but I should like as such by PrP-sident Lincoln, and charged with the duty of rais­ to be heard upon the subject. This is a war claim, and nothing ing troops. This claimant acted on the governor's staff as aid-de­ else. camp, with the rank of colonel. Congress subsequently recog­ The CHAIRMAN. The point of order is made against this bill nized lb.e employment of State militia in the act of February 13, that it is here on a report from the Committee on War Claims, 1862, in the.-3e words: and that, under the rule, that committee has no jurisdiction. Clause 31, of Rule XI, which relates to the reference of claims, That no volunteer or militia from any State or Territory shall be mus­ tered into the service of the United States on any terms or conditions con­ provides that- fining their service to the limits of said State or •rerritory or vicinity, be­ All proposed legislation shall be referred to the committees named in the yond the number of 10,000 in the State of Missouri and {,500 in the State of preceding rule, as follows: Maryland, as heretofore authorized by the President of the United States or Subjects relating to claims arising from any war in which the United the Secretary of War to be raised in said States. States has been engaged, to the Committee on War Claims. The act of July 13, 1888, also put the 10,000 Missouri militia, That hardly means any claim arising at a time contemporaneous so far as bounty was concerned, on the same footing with troops with the war, as has been intimated by some gentlemen in argu­ mustered into the service of the United States. ing this matter, because a claim for recruiting Confederate sol­ Mr. Chairman, as I understand from the report, these troops diers was something that arose contemporaneous with the war. were subsequently regularly mustered into the service of the The only thing to show that this claim was connected with the United States, having joined the regiments of Colonels McFerran war at all, is the fact that it was at the time of the war. The and Catherwood. whole claim is ~ade against the State of Missouri, or the provi­ The question now at issue is the one raised by the point of order­ sional government of Missouri, for recrniting Missouri regiments­ that is, the right of the House to consider the bill at this time. If Missouri militia. It does not appear that they were used in the the bill is not a war claim, I should be glad to have the Chair indi­ service of the Union outside of the State, or in the State, except cate just what it is. It is a claim beyond question; that much is incidentally in trying to keep the State from seceding, perhaps.

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1898. CONGRESSIONAL RECORD-HOUSE. 2497

Mr. BARTHOLDT. Will the Chair permit an interruption Mr. GIBSON. I make the point of order that the remarks of right there? the gentleman from Delaware are not addressed to the question TheCHAIRMAN. Yes. now before the House. Mr. BARTHOLDT. The report says- The CHAIRMAN. The gentleman from Tennessee makes the Most of the soldiers thus recruited were afterwards transmuted into the point of order that the remarks of the gentleman from Delaware First and Sixth Regiments of the United States Cavalry. are not addressed to the question before the committee. The CHAIRMAN. The Chair was just about to allude to that. Mr. HANDY. Why, Mr. Chairman- It does appear that some of these men, or most of them, were The CHAIRMAN. The Chair thinks that the point is well afterwards transmuted-! think that is the word used-to other taken. United States regiments, but this claim is not for the transmuting Mr. HANDY. Well, I will have to say both to the Chair and of the men or the recruiting of the men into the United States to the gentleman from Tennessee [Mr. GIBSON] that either my re­ regiment. It is for 1·ecruiting them into the militia of Missouri. marks are lacking in the point I am trying to give them or else Now, the Chair thinks that that does not come within this clause the Chair and the gentleman have not been listening carefully. I of the rule. The question has been raised as to what committee have been distinctly speaking about the condition of the Treasury it should be referred to. There is no question about that. of the United States, with 1·egard to paying honest debts of the Clause 30 of the rule says that subjects relating- Government of the United States. to private and domestic claims and demands, other than war claims, against Mr. GIBSON. The decision of the Chair answers your question. the United States- · Mr. HANDY. Oh, Mr. Chairman, I will continue in order. I shall be referred- will discuss simply the ability of the Treasury, under present cir­ to the Committee on Claims. cumstances, to afford to pay this claim. I was speaking of this · There is no question about where the bill would go, and the impoverished condition as not being a new one, and therefore not Chair thinks that the Committee on Claims had jurisdiction of being one that will probably soon pass away. I was bringing evi­ the subject and that the Committee on War Claims did not. The dence to support my position and to show that more than a year Chair sustains the point of order. ago this condition of the Treasury was known and commented DAVID D. Sl\IITH. upon. I was about to bring the President of the United States, in The next business on the Private Calendar was the bill (H. R. his inaugural address, to show by him that this condition existed 285) for the relief of David D. Smith. a year ago. I hope that the inaugural address of the President of The bill was l'ead, as follows: the United States has not become so disagreeable to gentlemen ori Be it enacted, etc., That the Secretary of the Treasury is hereby author­ the Republican side by the flight of time, and by the failure of ized and directed to allow and pay, out of any moneys in the Treasury not fulfillment-- otherwise appropriated, the sum of $410.25 to David D. Smith, late of Com­ pany K, SeventhNewHampshire Volunteer Infantry, being the sworn value Mr. MAHON. I make the point of order against the gentle­ of tools lost on the U. S. transport steamer Fannie, which was run into and man-- sunk on her way from Gloucester Point, Va., to Bermuda Hundred, in May, 1864- The CHAIRMAN. The gentleman from Pennsylvania makes Mr. OVERSTREET. I move that the bill be laid a.side to be the same point of order, and the Chair sustains the point of order. reported to the House with a favorable recommendation. Mr. MAHON. I move that the bill be laid aside to be reported Mr. RICHARDSON. We should liketohavesome explanation to the House with a favorable recommendation. · of this bill. The CHAIRMAN. · The question is on laying the bill aside-­ Mr. OVERSTREET. This is for the payment of David D. Mr. BLAND. Do I understand that on a bill to appropriate Smith of the sum of $410.25 for the loss of certain tools which he money you can not talk about the condition of the Treasury, or owned at the time when he was in the employment of the Gov­ whether there is money to pay the bill? ernment and which were lost by the loss of a ship, in transporta­ The CHAIRMAN. The Chair rules that on this bill, appro­ tion. He had been regularly employed; but at the time the tools priating money for the payment of this claim, the condition of. were lost with the ship he was not with them. There is no ques­ the Treasury 8 year ago to-day is not pertinent. tion as to his service in that capacity, and the value of the tools Mr. BLAND. Well, I appeal from that ruling. I never heard is set out in the report and ha.s been established by competent of such a ruling before. - proof. Mr. HANDY. Mr. Chairman- , _ - Mr. RICHARDSON. I do not understand what kind of tools The CHAIRMAN. The gentleman from Delaware will be m· are referred to. order. The Chair having ruled-- Mr. OVERSTREET. Carpenter's tools. He was a carpenter Mr. HANDY. May I not proceed in order? under regular employment in the Navy, and a chest of tools and The CHAIRMAN. The gentleman from Delaware will be in other tools which he had were lost with the boat when they were order. · being transported from one point to another under the charge of Mr. BLAND. Now, on that appeal, Mr. Chairman, I wish to the Government. say a word. _ · - · .l Mr. HANDY. Mr. Chairman, it seems from the statement of The CHAIRMAN. Well, the Chair will state the question. the gentleman from Indiana that this bill represents an honest first. with the permission of the gentleman from Missouri. The claim against the Government of the United States. I arise to Chair having ruled that the gentleman was out of order in his express my great regret that the existing condition of our Treasury remarks, the gentleman from Missouri [Mr. BLAND] appeals from is such that we have to be very careful about paying anything­ the decision of the Chair. The gentleman from Missouri. ·. even our honest debts. Mr. BLAND. Now, upon that appeal I wish to say that I have The Government of the United States, in regard to its Treasury, never heard it before ruled by anyChairman of the Committee of has gotten into such a condition that we feel it to be a duty in this the Whole that in the discussion of a bill appropriating public House to guard carefully even the passing of such small bills as money the question of economy, the question of the condition of this. Indeed, the Treasury of the United States is in such shape the Treasury, could not be referred to. I see before me now the that it is generally understood that this House will be compelled , distinguished gentleman from Illinois [Mr. CANNON], the chair-· to omit at this session of Congress the enactment of the usual ' man of the Committee on AppropriatiOns. How often has he biennial river and harbor bill. It seems to me, Mr. Chairman, warned this committee and this House, day in and day out; can-: that when the condition of the Treasury is such, when the defi­ ing attention to the fact that the Treasury is in no condition for ciency in the revenue is so greab, that the House has to leave the profligate appropriations of money. . 1 rivers of this country to fill up with mud and not appropriate a It has always been in order to speak of the condition of the' dollar to keep their channels open; when it has to exercise such Treasury, whether the revenues are sufficient to pay these claims severe economy that it can not give money to deepen harbors for or not, whether we have a deficiency or not, how that deficiency. the accommodation of commerce, surely the time has come when accrued, how long it has existed, by what means are we to do away. tve must be very careful, indeed, with 1·egard to passing such a bill with that deficiency, whether to raise more revenue or to decrease as this, even if it does provide for paying an honest debt. appropriations of money. It is perfectly in order, and unless there This, alas, is not a new condition of the Treasury of the United is a spirit, as has been exhibited in this House ever since this ses- . States, Mr. Chairman. It happens that to-day is the 4th of March, sion commenced, to throttle discussion upon that subject and all 1898. On the 4th day of March, 1897, a year ago to-day, the other suujects that do not seem to please the majority on this floor, ! President of the United States delivered his inaugural address at we have 8 right to discuss these questions pertaining to the condi-; the other end of the Capitol. That inaugural address makes very tion of the Treasury, and you can not by any ruling of the Chair. interesting reading now that a year has passed by and thrown or action of this committee keep the facts from the people of this the brilliant light of experience upon it. In that address the in­ country. j coming President refetTed to this very economy which we are No such ruling has in my experience in a committee consider­ still required to exercise in t·egard to such bills as this. ing an appropriation bill ever before been made. Never; and it Mr. GIBSON. Mr. Chairman, I rise to a point of order. must be apparent to every fair-minded and intelligent gentleman The CHAIRMAN. The gentleman will state the point of on this floor that this ruling-is absolutely tyrannical and unwar­ order. ranted. [Applause on the Democratic side, and cries of '' Vote! "] ~ XXXI-157 2498 CONGRESSIONAL RE(jORD-HOUSE. M.A.Rcrr4,

Mr. DALZELL. Mr. Chairman, there is a very manifest dis­ upon the ground of humane principles, following the policies and tinction, of course,-so far as the rules are concerned, between lati­ principles of the Gerry Society of New York. In other words, that tude as to debate when the House is in Committee of the Whole under existing circumstances to refer to the condition of the House on the state of the Union and when it is simply in Com­ Treasury is "cruelty to animals." [Laughter and applause on mittee of the Whole-discussing private bills. Now, I venture to the Demor.ratic side, and cries of" Vote!"" Vote!"l say, without fear of succ.essful contradiction, that in no Congress Mr. MAHON. Mr. Chairman, this is a little bili appropriating of the last four or five has there been as much general debate, as $412, and whether it is a meritorious bill or not the House can much liberality (}f ruling in respect to generai debate, as there settle. As to the point of order, the gentleman from Delaware has been in this Congress. [1\Ir. HANDY] entered into a long speech about the empty Treas­ Every possible public subject has been discussed in this House. ury and money that we are appropriating. I agree wit.h the gen­ Time has been allowed to the satisfaction of both sides and to the tleman from Arkansas [Mr. TERRY] that perhaps a rule ought to satisfaction of every gentleman in the House; but it has been be adopted to protect the members of this House. I will venture held a number of times, and held rightly, and I think held in the the assertion that the speeches of the gentleman from Delaware interest of public business, that when. we are engaged as we are delivered in this House upon: matters not before the House, to-day gentlemen should address themselves to the subject under whether delivered or undelivered, has cost the Government from discussion. $10,000 to $15,006 f.or publishing them in the CONGRESSIONAL REC­ Mr. ROBIN SON of Indiana. Will the gentleman permit a ORD. Gentlemen who talk about economy and protecting the question? Treasury are costing the Government hunureds of thousands of Mr. DALZELL. Certainly. dollars in loading up the RECORD with matters not before the Mr. ROBINSON of Indiana. Where the question is as to the House. payment of a bill, is not the condition of the public Treasury and Men are sent to Congress to transact the business of· Congress. our ability to pay that bill a pertinent issue? . Two hundred and fifty-six men sent here for this purpose are Mr. DALZELL. I am coming to that, if the gentleman will willing to attend to that business, and a minority of 40 or 50 have patience. Now, the question here is whether or not a certain have no right to inflict upon them punishment on every subject claim, a little claim amounting to $400 or 8500, is a proper claim under the sun. Now, I will vote for a rule that discussion shall for recognition. The gentleman :n~om Delaware, under the pre­ be limited to the merits of the. question under. consideration.. I tense of discussing that claim-and I measlH'e my words in say­ will also vote for a rule that no· speech shall go into the RECORD ing pretense-is discussing the- possibility or the probability of unless delivered on the floor of the House. [Applause on the our having a river and harbor bill, discussing the language that Republican side.] was used by the President of the United States a year ago with Now, these gentlemen who preach economy and who are cavil­ respect to the public Treasury, and discussing anything and every­ ing about saving the Tr.easury.. 412 that belongs to this poor thing except the bill before the House; and I submit to fair­ man should practice what they preach, and have no more piling minded men on both sides of the House-- up of this enormous expense of printing speeches in the CONGRES­ . Mr. BLAND. Will the gentleman insist that the bet as to SIONAL RECORD that are never delivered. wh-ether we are to have a river and harbor bill, when the Presi­ Mr. SIMPSQN of Kansa,s, Mr. Chairman, rmake the point of dent has warned us to practice economy, shall not be discussed in order that-- appropriating mo:ney? Will he insist on that? Mr. MAHON. ram coming to the point of order. [Laughter.] - Mr. DALZELL. Why, certainly; they have no relevancy to Mr. SIMPSON of Kansas (continuing). That the gentleman is the question before the House, and the ruling of the Chait' is not making a personal attack upon the gentleman from Alabama [Mr. only in the: line of precedents, but absolutely right. WHEE"LER]. [Laughter.] Mr. SHAFROTH. Would it not have 1·elevancy f.or the pur­ Mr. MAHON. Now, the Chair lias just made a ruling, and the pose of s~owing wh~ther or ~ot this' par?eul~ bill should be al­ Speaker also made it the other day, and it appears to be the dis­ lowed th1s year or wheth-er 1t should wa1t until there-were funds position of the members of this House, and I am glad it has tak.en in the Treasury? that turn, that no matter w.hat the old custom. or p.ractice has been, : Mr. DALZELL.. Not at all. that might have been tolerated when Congress only consisted of Mr. SHAFROTH. It seems to me that these are questions 60 or 100 members and did not have one-tenth of the business to which can be clearly presented i:n the consideration of a bill ' transact, that the time has come in the American Congress when that provides for the payment of· an item that is to come out of it ought to be a business Congress. We have no time to waste day the public Treasury. It is competent to find whetheT it is wise after day and hour after hour in discussing questions not before policy that it should be paid this year or whether we should not the House. let the bill go over until another yP-ar and wait until the condi­ tion of the Treasury is such that it can be paid. That that is not Mr. S1MPSON of Kansasr Will the gentleman allow me arqu-es.­ a proper and legitimate discussion of any bill appropriating money tion at that point? seems to me to be absurd. [Cries of" Vote!"] Mr. MAHON. Yes. . Mr. CLARKof Missouri. Aparliamentaryinquiry, 1\fr.Chair­ Mr. SIMPSON of Kansas. In vi-ew of the fact that the reve­ ma.n. nues yesterday fell a million dollars below the expenditures, do you The CHAIRMAN. The gentleman will state it. not think it is in line in a business Uongress to talk about the ex­ Mr. CLARK of Missouri. If it is not pertinent to discuss the penditures of money and the condition of the Treasury? ondition of the Treasury now, when will it be? Mr. MAHON. How was it day before yesterday~ · I do not take . The CHAIRMAN. Tha.tisnotaparliamentaryinquiry. [Cries the statement of the Treasurer on a certain day. What was it at of "Vote!"" Votel'~l the end of the month.? . :Mr. COX. Mr. Chairman, I want to say a fewwo.rds about the Mr. SIMPSON of Kansas. Well, so far as it has gone this proceedings that are going on in this House. I have a right to month, we have fallen about two millions below the expendi­ express my convictions upon a measure pending, and whether it tures. is pertinent or not belongs to me and not to the Chairman. Mr. DINGLEY. There will be a st1rplus of three millions at Whenever you-draw this line, that the Chairman of this commit­ the end of the month. tee or the Speaker of the House can pres01·ibe what line- of thought Mr. SIMPSON of Kansas. That is prophecy. l am to pursue, I would like for any gentleman to tell me where Mr. HENDERSON. The gentlemanfromKansasdid notknow that is to end. Now, you undertake here to prescribe to members the gentleman from Maine was in the House when he asked the what their expressions shall be. They may not be pertinent, they question. may not be conclusive; but gentlemen, that question belongs to Mr. MAHON. Now, what I said about publishing speeches in the member that expresses them, and I enter my protest here and the CONGRESSIONAL RECORD-- now, once and forever, that no man, Chairman or Speaker, can cur­ Mr. COCHRAN of Missouri. Mr. Chairman, I make the point tail a.nd destroy the rights of a member when he is pursuing his of order th.at the gentleman is encumbering the RECORD with logical conclusions according to his own mind upon any question doubtful law upon a question of law. before this House. [Applause on the Democratic side, and cries Mr. MAHON. No question of law about it; it is a matter of of ''Vote!"] practice. Mr. TERRY. Mr. Chairman, I challenge the statement made Mr. COCHRAN of Missouri. The question is whether, under by the gentleman from Pennsylvania that never in any Congress the rules of the House, the bill which carries an appropriation in­ has more liberality and latitude been allowed in debating and dis­ volves a discussion of the condition of the Treasury, and he is cussing matters of this kind than in the present Congress. The stating what he will do about the rules of the Hou e when they exact reverse of that is true. Now, sir, what is the trouble, that come in. the moment you refer to the condition of the Treasury there in a The CHAIR~IAN. Will the gentleman from Missouri cite to great commotion and running together and "spreading of skirts" the Chair any rule which prevents cumbering the RECORD? to try to cover up something on the other side? Why all this Mr. COCHRAN of Missouri. I do not know of any, but the anxiety to choke debate? Are you afraid to disclose the Dingley gentleman is arguing the necessity of such a 1·ule. deficits? There is only onefround that occurs to me, Mr. Chair­ The CHAIRMAN. The Chair overrules the gentleman's point man, on which the ruling o the Chair can be upheld, and that is of order. 1898. CONGRESSIONA·L RECORD-HOUSE.' 2499

Mr. MAHON. I say, Mr. Chairman, I am in favor of enforc­ have-beheld with exceeding mortification the gradual decadence ing a rule that debate shall be limited to the question before the of the right of speech and the power .of individual membership House, and that the CONGRESSIONAL RECORD .shall not be lum­ upon this floor. [Applause on the Democratic side.] It bodes no bered up with all of this stuff. I do not put any speeches into the good to the American people when the power of a Rep?esentative RECORD that I do not make. 1 never take the floor to annoy the whom the people have sent here is diminished. It bodes no good House. when any man, whether he sits on the floor or in the Chair, can Mr. COCHRAN of Missouri. I object to that as in the nature throttle the voice of the Representative when he is discussing the of a biography. condition of--the Treasury upon a bill which proposes to make an Mr. MAHON (continuing), Nor to inflict upon the House appropriation out of the Treasury, [Applause on the Democratic a speech upon every subject, whether good, bad, m·· indifferent. ~~] . Now, the plea of economy by gentlemen on t he other side is a MT. HANDY. Mr. Chairman, I have been ruled out of order hypocritical plea. You do not care a continental whether the by the Chair. The gentleman from Missouri [Mr. BLAND] has Treasuryis bankrupted or not within three months. fLaughte1·.] appealed from that decision. Now, before a vote is taken, I wish I am in favor of fair political discussion, but I do d.etest these t o address myself to gentlemen of the House, especially to 'those speeches made only for cheap political demagogy. [Applause sitting on the .other side of this Chamber. I will make a plain on the Republican side.] statement. :Mr. McMILLIN. Mr. Cha.irm.an, we have had no better illus­ In the first place, I wish to criticise the statement made by the tration of the impracticability of what has been attempted to be gentleman from Pennsylvania [Ml·. ·MAHoN] when he said that if enforced against th€ gentleman from Delaware -than what has the speeches I have made and . those I have not made but have just occurred on the part of the gentleman from Pennsylvania. printed in the RECORD were all put together, the cost to the Gov­ Assuming the 1loor for the purpose of discussing the point of ernment for printing, etc., would amount to some ten or fifteen order, he went on discussing the question of encumbering the thousand dollars. I wish to say in reply that 1 have never taken RECORD, and would neither stop himself nor;when the ]?oint of advantage of the "leave toprint." I haveneverprinted oneword prder was made, ·would the Chair stop him. in the RECORD except when I have spoken, on the floor; and then Now, Mr. Chairman, it strikes me that if we are to have this I have never extended my remarks except only--to..make improv..e­ rule enforced, it -ought to 'be enforced impaTtially and without ments or corrections usual in such cases. any regard to the side of the .House on which the speech in ques­ !wish to call the attention of ·the other side of,the Chamber to tion may be made. this fact: The other day, on an occasion which gentlemen have ·What is the question involved h€re? It is a question as to not·forgotten, 1 attempted to speak on a subje.ct not properly be· whether the gentleman from Delaware is in order. .And I wish fore the Hou-se, and the point of order was made against me. I to call the attention of the Chair to the fact that from the time he promptly stated that I wished to speak on a subject not before the lirst entered this.Hall, years back, up to this time there·has been a House, and that I would '!lOt attempt to continue .my remarks if 4istinction drawn between the latitude that might be assumed in the point of ordel' was insisted upon. 'My frankness then ought debate in the House and the latitude which .should be _permitted to put me before you, gentlemen, if you 'Will consider it properly, when the House was sitting in the Committee of the Whole; and as frank and sincere in ·this·matter now. in the latter instance it has been the universaLruling, so fru· as I I arose to oppose this bill; I arose to oppose it on grounds which know, on the _part of those who held ·the position ·that the distin­ seemed to me proper and -pertinent to the bill. My remarks will guished Chairman now holds, that there·was greater latitude al­ standin the RECORD, a.nd I challenge you to-mon-ow to read that lowed in Committee of the Whole·in discussing matters that were RECORD up to the _point where-the Chairman made his decision indirectly o1· even remotely connecteil with the immediate ques­ against me, and to say on your honor and your conscience whether tion under aiscussion than in the .House. I was not speaking pertinently to the bill. I was speaking to the 'The gentleman himself hasTeferred to the :uling made yester­ best of my ability-to the bill. It may be'that I have not the logical day by the distinguished Speaker of this House. The Chair will mind of "'the gentleman from Pennsylv..ania [Mr. DALZELL]. - ..It .find, if he examines that ruling, and gentlemen who heard the may be that I have not that aptness of expression and beauty of ruling will remember, -that the distinguished Speaker .himself illustration which so characterize and adorn 'the gentleman who drew the distinction and made the ruling on the ground that then sits in the chair. This may account for the opinion of the Chair the House was not in Committee of the Whole, but that the bill and the qpinion of the gentleman from Pennsylvania:[Mr. D.AL­ was being considered in the House itself as in Committee of the ZELL] that I was not speaking to the bill. But so iar as my ability Whole. permitted me, so far as .my command of language enabled me, .I Mr. BLAND. On that point will the gentleman ·allow me one was speaking to the bill nevertheless. I was trying to present to word? I would like to ask him -whether, either in the House or this .House tlle argument that the situation df the Treasury of 'the in the Committee of the Whole, when a proposition was np to pay United States is such that-we .can not afford to be passing this .bill money out of the public Treasury, it has ever been held that the and other bills like it. . public Treasury and its condition were not germane and in order That·is what I was doing, and I got -along -fairlywell -until I as subjects of discussion? commenced to bring in my authorityin behalf of economy. As soon .Mr. :McMILLIN. In response -to the gentleman from Missouri as I mentioned my authority, which hap_pens to be the inaugural [Mr. BLAND], I wish to say-and I say it with all seriousness and address of the President-of the United States;then I was suddenly as a matter which ought to have weight with the Chair, if the out of order. ;fact is as I contend-that I have known of no in~tance in which, 1 appeal to you, gentlemen,·to treat me as·yon would like to'be when we were discussing a bill making an appropriation of money, treated if-you stoo

2500 CONGRESSIONAL RECORD-HOUSE. MARCH 4,

elucidation or an illustration on such a point and a case when a our affairs here, that we ought to be a little careful and not be gentleman rises on this floor and proposes to make a political or turned aside, simply because of some little matter that has come partisan speech. There is a line of distinction that the judgment up here, to establish a precedent that will return to bother you as of every member of this House has no difficulty in drawing. well as others in this House hereafter. Now, it is important, in reference to the future conduct of busi­ Mr. MAGUIRE. Mr. Chairman, it seems to me that the decision ness, to have it clearly determined whether the House, in simple of the Chair is utterly untenable, and that it is shown to be unten­ Committee of the Whole, considering a simple claim bill, may in able by the arguments made in support of it. Every gentleman general debate proceed to a general discussion on the subjects as o~ the other side of the House who has attempted to defend the we should in Committee of the Whole on the state of the Union. ruling of the Chair has based his argument upon the fact that this Mr. BLAND. Will the gentleman allow me right there? bill carries so small an appropdation that its passage would not Mr. DINGLEY. Yes; I will listen to the gentleman. materially deplete the Treasury. That fact may be a sufficient !vir. BLAND. Will the gentleman indicate now wherein, when, answer to the argument of the gentleman from Delaware [Mr. or how the gentleman from Delaware was making a political H ANDY], but, if conceded, it is not a reason for refusing to permit speech? · him to make the argument. The gentleman from Maine [Mr. Mr. DINGLEY. Oh, it is unnecessary for me to characterize DINGLEY] who has just taken his seat admitted that a general the speech of the gentleman from Delaware, because everyone reference to the condition of the Treasury is always in order in knows that he was starting out on a partisan speech. the discussion of a bill appropt·iating public money out of the Mr. BLAND. You are assuming to call him to order on an Treasury, and he tells us that he would be willing to recognize a assumption that is not a fact. · . reasonable and limited discussion of the condition of the Treasury Mr. DINGLEY. I did not call him to order. as pertinent to the bill. Is his willingness, and the extent to Mr. HANDY. As a matter of fact, I had said nothing about which he is willing, to have an argument that is conceded to be politics. legitimate and pertinent proceed to be the measure of the right of Mr. DINGLEY. Oh, it was clearly evident that the gentleman other members here to pursue such argument? He denies that had reached a point in his speech where he had entered upon a the condition of the Treasury at the present time is such as to partisan speech. offer any obstacle or objection to the passage of such a bill. Mr. BLAND. That is, you thought so; and on that thought Have not gentlemen who believe that his opinion on that sub­ you called him to order. ject is inconect the right to prove that the condition of the Treas­ Mr. DINGLEY. I did not call him to order. Every gentleman ury, a general statement of which is admitted to be always iii in this House knows where the proper line of demarcation is. We order on such bills, is as they declare it to be? . may as well be honest with om·selves in this matter. There is a It seems to me that the ruling of the Chair is utterly inconsist­ vast difference between a gentleman simply illustrating a point ent with the necessary right and highest function of debate. _ It and his coming forward with a general partisan speech with ref­ puts the right of debate entirely under control of the Chair erence to the condition of the Treasm·y. Now, I do not object at and enables the Chair to compel debaters to conform in their all to a discussion as to the general condition of the Treasury. I arguments and their statements to his idea of what ought to be might say to the gentlemen who are starting this discussion that said, leaving them no freedom whatever to pursue debate accord· it is a belated discussion. It was in order two or three months ing to their own judgment and their own opinion. If the presid­ ago to talk about a deficiency, but it is out of order now, because ing officer is thus to control and limit the arguments of members, in the progress of events their speeches have become belated. Un­ he might as well be clothed with the exclusive right to make all doubtedly the gentleman's speech was intended for some other arguments. The pertinency of the·argument being conceded, the time, and it has been delayed so long that it does not apply now. extent to which a member shall pursue it must be left to his own Mr. NORTON of Ohio. Mr. Chairman, I call the gentleman judgment, limited only by the time at his disposal under the rules. from Maine to order. He is talking about the Treasury, and he 'fhe CHAIRMAN. The question is, Shall the decision of the has no business to do that. [Laughter.] Chair stand as the judgment of the committee? The CHAIRMAN. The gentleman from Maine will confine The question was taken; and the Chairman announced that the himself to the subject under discussion. [Laughter.] noes appeared to have it. . Mr. DINGLEY. I will admit that the criticism was correct, al­ Several members demanded a division. though it was called out by what the gentleman from Delaware The committee divided; and there were-ayes 70, noes 90, , had said. Now, with Tefe1·ence to this point of order, the gen­ [The announcement of the result was received with applause on tleman from Pennsylvania [Mr. GRow], a former distinguished the Democratic side.] Speaker of. this House, the other day drew the line of distinction Mr. DALZELL. I ask for tellers. very clearly between the Committee of the Whole on the state of Tellers were ordered; and the Chairman appointed Mr. DALZELL ihe Union, where, in general debate, all of these speeches are in and Mr. BLAND. order, and the Committee of the Whole on the Private Calendar. The committee again divided; and the tellers reported-ayes 91, That was the original object of the establishment of the Commit­ noes 91. tee of the Whole on the state of the Union; but in Committee of The CHAIRMAN. The Chair votes in the affirmative, and the the Whole I do not understand that there is any difference in decision of the Chair becomes the judgment of the committee. general debate as to the limit to whlch we may proceed than i;n [Laughter.] The question is on layingasidethebill withafavor­ the House itself. It is only when we get into Committee of the able recommendation. Whole on the state of the Union that debate on other subjects Mr. BELL. What do I understand was the ruling of the Chair? prevails. Does the Chair mean that the appeal was lost? Mr. MAGUIRE. Will the gentleman permit a question? The CHAIRMAN. The Chair decided that the decision of the 1\Ir. DINGLEY. Yes. committee sustains the decision of the Chair. Mr. MAGUIRE. The gentleman admits that in the discussion Mr. BELL. Then I move that the gentleman from Delaware of a bill for the appropriation of money a general reference to the be permitted to proceed in order. I understand that he is in con­ condition.. of the Treasury is germane and pertinent and in order. tempt. Now, does the gentleman deny that a detailed statement of the The CHAIRMAN. The gentleman from Colorado moves that condition of the Treasury is in order? the gentleman from Delaware be permitted to proceed in order. Mr. DINGLEY. Now, I wish, in conclusion, to say this, that Mr. DINGLEY. Mr. Chairman, how much time does the gen­ it is just as important to gentlemen on the other side, of the House tleman want? I will ask that we have half an hour on a side. that we shall confine ourselves legitimately, when we are consid­ Mr. HANDY. If I am entitled to the floor, I would be entitled ering some private bill, to the proper points that are connected to my hour. with that bill as it is to this side of the Honse. As far as I am con­ Mr. DINGLEY. Do you need an hour? cerned, I should be entirely willing at the present time that there Mr. HANDY. I wanted to discuss the bill as it is, and I would should be a general debate on any of these private claims for days, accept a much smaller amount of time than an hour if I could if you nlease; but I point out to you gentlemen th~t when you have any assurance that when I am trying to discuss the bill I decide that as a matter of right, when we are simply in Committee will not be taken off the floor. of the Whole-not the Committee of the Whole on the state of the Mr. DINGLEY. Would twenty minutes answe1·? Union-any gentleman may rise here and make an hom· s speech Mr. HANDY. Twenty-five minutes, Mr. Chairman. in a partisan direction, that moment you have established a pi·ac­ 1\Ir. DINGLEY. Mr. Chairman. I ask unanimous consent that tice under which not many claim bills will pass in the future. the gentleman may proceed in such way as he sees fit--- I want you to understand that before you start out in this direc­ The CHAIRMAN. 'rhe Chair can not hear the gentleman from tion. Now, I think it is appropriate, when we are in Committee Maine, there is so much confusion. of the Whole on a private bill, that the debate should be confined :Mr. DINGLEY. I ask unanimous consent that the gentleman to the bill, just as in the House, and when we are in Committee may be allowed to proceed, in such manner as he sees fit, for of the Whole on the state of the Union, then general speeches, twenty minutes, and I ask that the same time be allowed to this according to the universal custom of this House, are in order, and side. I think, as a matter of good business and the proper conduct of Mr. CHICKERING. I object. 1898. CONGRESSIONAL RECORD-HOUSE. 2501

Mr. BLAND. The committee has decided to proceed in order, standing obligations, and this policy must again ba resumed and vigorously enforced. Our revenues should always be large enough to meet with ease and I object. and promptness, not only our current needs and the principal and interest The CHAffiMAN. Objection is made; and the question is on of the vublic debt, but to make proper and libertl.l provision for that most the motion of the gentleman from Colorado, that the gentleman deservmg body of public creditors, the soldiers and sailorS and the widows from Delaware be permitted to proceed in order. and orphans who are the pensioners of tbe United States. - The question was taken; and the motion was agreed to. It is one of the unfortunate conditions resulting from the pres­ Mr. HANDY. Now, Mr. Chairman, I shall endeavor as best ent state of the revenue that such bills as the OJle before us can within me lies to speak in order on the bill before the committee. not be passed. But there are cases that appeal to our sympathies If there be any failure on my part to measure up to the very high more strongly than this case. Another result of the deficiency in fltandard of pertinency which bas been set by the decision of the revenue is that the Administration seems to have been forced Chair and by the vote of the committee, I beg that it be attributed to take the severest measures against the pensioners of the Gov­ to inability on my part. Some of the very greatest men who ernment. Instead of coming into the liberal treatment they antici­ have attempted in times past to discuss things pertinently would pated under this Administration, this continuing deficiency shuts hardly have come within the recent decision. Daniel Webster's old soldiers off just as it shuts out the bill against which I am now greatest forensic effort-his reply to Hayne-perhaps the greatest speaking. · speech ever made in this Capitol-was delivered in discussing a Mr. MAHON. Mr. Chairman, I rise to a point of order. The simple resolution in regard to public lands. That great speech g.entleman is talking about the Administration cutting off pen­ covered the whole range of political issues. It treated of the swns. great constitutional questions then in·dispute. Daniel Webster The CHAffiMAN. The gentleman from Pennsylvania rises to . would not be permitted to make a speech like that in this House a point of order, but the Chair did not hear the last observation to-day. rLaughter and cries of "Regular order!"] And so I of the gentleman from Delaware. may not be able to come as close as I could wish to discussing Mr. HANDY. I will repeat it for the information of the Chair. pertinently under your present ruling the question pending now I was making an observation that the present situation of the before us; but I shall sincerely try, Mr. Chairman, to do it. Treasury unfortunately cuts off such a bill as this and makes it I am opposed to the bill before the House. I think it ought not unwise to pass such a bill, just as it makes it necessary for the to pass at the present time. As I understand, this claim has been Administration to be very severe on the men who are now asking pendingalongwhile. It has waited thus far; and now, when we pensions from the United States. The condition of the Treasury, must be most economical; now, when we must watch every which makes me oppose this bill, seems to make it necessary for penny that goes out of the Treasury, is a most inappropriate time the Pension Bureau to cut off the pensioners. It was a mere side for paying the claim before us. observation on my part. I had no desire to go into the pension Economy is demanded in every branch of the Government at all times, but question; but I wa.s quoting this most high authority on the ques­ especially m periods, like the present, of depression in business and distress tion of economy, and it came up without any intention on my among the people. part to discuss it. [Laughter.] · Those are my sentiments to-day and at this hour, just as they Mr. Chairman, the Government should not be permitted to run were the sentiments of the President of the United States exactly behind in money matters and increase its debt in times like these; one year ago. [Laughter and applause.] They are, unfortu­ and since the Government should not be allowed to run behind, nately, as pertinent to the present bill as they were pertinent on it can not afford at this time to pay $412 to the gentleman named the occasion of his inauguration. [Renewed applause.] as the beneficiary in the bill. . . The severest economy- The Government should not be permitted to run behind or increase its debt in times like the present. Suitably to provide against this is tbe mandate Mr. Chairman, "the severest economy." Even so severe that of duty-the certain and easy remedy for most of our financial difficulties. it must cut into a little bill like this- . A deficiency is inevitable so long as the expenditures of the Government ex­ ceed its receipts. It can only be met by loans or an increased revenue. · , in all expenditures, and extravagance stopped ~h:;e~:r ~~:~~d pub~c · Mr. BRUCKER. I would like to ask the gentleman a question Aye, Mr. Chairman, and even the river and harbor bill, to dig at this point. · mud out of the creeks and the rivers and harbors of our country, Mr. HANDY. Yes. and all bills to provide for public buildings must for the time Mr. BRUCKER. Granting that the condition of the Treasury being be considered "extravagance," and this appropriation of a year ago was as you say, granting that it would not then ·war­ $400 or $500 must be considered "extravagance." They must be rant the paying of this claim, what basis have you now for mak­ stopped- ing the statement that the present condition of the Treasury will and prevented wherever in the future it may be developed. If the reve· not warrant the payment of this claim? nues are to r emain as now, the only relief that can come must come from de­ Mr. HANJ?Y.. Now, I am up in a corner between the gentle­ creased expenditures. man from Michigan [Mr. BRUCKER] and the severe gentleman in That is my opinion to-day. If the revenues are to remain as the chair. I will attempt to go between the two and answer the now, the only relief that can come must come from a decrease in quest~on, keeping as pertinent as I can to t he bill before us, so as expenditureo. It is my opinion to-day, just exactly as it was the to satisfy both gentlemen. At the present time we are as unable opinion of the President of the United States twelve months ago to pay it as we were a year ago, for the reason that we have no to the very hour. fApplause and laughter.] more money in the Treasury now than we had at the beginning of Mr. PERKINS. "'Was that the opinion of the gentleman yester­ the present fiscal year. As a matter of fact, if we throw out what day? we have received from the sale of railroads, our Treasury is to­ Mr. HANDY. It was my opinion yesterday and has been my day something like $50,000,000 worse off than it was at the begin­ opinion every hour of the day and every minute of the honr and ning of this fiscal year; and when you compare· current revenue every second of the minute since the Dingley bill was put upon with current expenditm·es of this fiscal year, we are no better off the statute books. than we were a year ago. Mr. DALZELL. May I ask the gentleman a question? Why, the deficiency has not begun to be stopped or corrected Mr. HANDY. Oh, with the greatest pleasure! The gentleman W e ? ave in_t~is month already a shortage of $1,364,524.30. Mr: is so kind to me, I can not refuse him a question or any privilege Chairman, 1t IS that shortage of $524.30 at the rear end of these that comes from favor or grace. [Laughter and applause.] figur~s that _make_s m~ oppose the paying of this 8412 to this man Mr. DALZELL. I just wanted to know if the gentleman voted mentiOned m thiS bill. [Laughter.] Now, if we were only for the bill to pay $288,000 to the agents of the Methodist Book $1,3u4,000 short this month, I might be willing to vote to pay this Concern? $412; but when we find that we are fully $1,364,524.30 short I Mr. HANDY. I had the great honor to follow in that matter feel that this gentleman's claim has gone by the board in the t~il the gentleman from Ohio [Mr. GROSVENOR]. end of these figures. fLaughter.] :Mr. DALZELL. That is what I thought. Mr. BRUCKER. The explanation the gentleman from Dela­ Mr. HANDY. Knowing that he represented in a large degree ware has made is perfectly satisfactory to me, and I will press it no the P resident of the United States, who declared " that the severest further. [Laughter.] economy must be observed in all public expenditures," I felt quite Mr. HANDY. I am glad to know that I have avoided the dan­ certain that a bill so earnestly supported by the gentleman from ger which confronted me. I have satisfied the gentleman from Ohio [Mr. GRO VE:NOR] was necessarily an economical measure, Michigan without being called to order. · and therefore I did not hesitate to vote with the gentleman from ;Mr. SIMPSON of Kansas. If the ~tentleman from Delaware Ohio [Mr. GROSVENOR] . [Laughter.] w1ll allow _me, perhaps the remark of the gentleman from Maine But , Mr. Chairman, I do not wish to be understood as insisting escaped him when he said a little while ago, showing that he that this bill must be rejected altogether. The time must come could create revenue any time, t hat we would have three millions for paying this bill and all similar honest claims. The President surplus at the end of this month. a yea1· ago pointed out the imperative necessity of putting our Mr. HANDY. Hearing is believing, but seeing is the na.ked - Treasury on a paying basis. He said: truth. T~ere may come a ~onth-Go d speed it-when the reve­ But tho present must not become the permanent condition of the Gov­ nues of this Government Will equal the expendit ures; and then it ernment. It has been our uniform practice to retire, not increase, our out- may be that we shall be able to meet the claim presented in this 2502 OONGRESSIONAL RECORD-HOUSE. MARCH 4.,

bill. But up to the present time sufficient revenue is a beautiful as I believe they were, by an unauthorized ruling of the Chair, fancy of the gentleman from Maine. cutting off proper latitude of debate he1·e. [Applause.] It is the golden dream of his night hours, it is the longing prayer Mr. HANDY. M.r. Chairman, I am proud to have the patriotic at his morning devotions, but it is not yet a realized fact in the remarks of the patriotic gentleman from l\:lissouri ['Mr. BLAND] Treasury of the United States. fLaughter.] I say here and now put into the body of my speech. He is "the nobJest Roman nf .that when the day comes that the revenues of the Government them all." [Applause on the Demoeratic side.] l\ir. Chairman, for a month exceed the expenditures of that month under the the situation of the Treasury of the United States which prevents ,Dingley bill, th~ I shall unite with the gentlemen in favor of me from voting for this bill is the fault, I take it, of the Congress passing the bill to pay this sailor the $412 due him for the loss of of the United States. The very first day when this Congress as­ 'his tools. I hope that remark is pertinent to the bill before the sembled in extra session, on the 15th of March, we were given House. [Laughter.] warning about this matter, and our duty was plainly stated to us. Why, Mr. Chairman, if we were to pay him now, we would be The message of the President of-the United States, communicated 1paying him out of money borrowed. We have nothing but bor­ to Congress on the 15th of March, contained the following lan­ ,rowed money. guage bearing on this subject: A MEMBER (on the Republican side). Borrowed by whom? The necessity for the passage of a tariff law which shall provido ample rev­ Mr. HANDY. Borrowed by the former President of the United enue need not be further urged. States-boiTowed by 1\ll·. Cleveland. Mr. McKinley has drawn The necessity was to provide ''a tariff law which would provide every financial breath of his official life out of the money borrowed ample revenue" to pay these and all other claims against .the ,by Mr. Cleveland. Cleveland borrowed what McKinley is now Govei'nment. :How sadly the Congress that the President called spending. That is the situation. [Applause.] We have no together in.extraordinary session failed to give him what he asked money to pay the claim before the House exc~pt the money bor­ for! rowed by Mr. Cleveland, plus the money secured by the sale of He said in his me~age to us: ,the Union Pacific and the Kansas Pacific railroads. I have high The imperati•e demand of the hour is the prompt. enactment of .suGh a authority for the proposition that it is very dangerous to live on measure, and to thls objeet.I ea-rnestly recommend that Congress shall make .borrowed ,money. A gentleman whose name I fear to.mention, every endeavor before other business is transacted. Let us first provide ~uf­ .because I am .afraid somebody would consider it out of order to ficient revenue to faithfully adminis.tet· the. Government. mention the name of the President of the United States on this I quote for you right here the argument of the President of the . ~ floor-a gentleman I will not name had this to say about1living United States against passing this bill. He says: . . ,on borrowed money: Before other business is transacted- · ,~ A..surplus in the Treasury m•eated by loans is not a permanent or safe re- For instance, this bill is other business, and must wait until liance. It will.suffice while it lasts, put it can not last long w):rlle the outlays sufficient revenue has been.provided- · ·of the Government are grea~er than its rec~ipts, as has been the case during . t ~he past two years. · · let us·fust provide sufficient revenue to faithfully..administer.the Govern­ ment without contracting a further debt for the continued disturbance of ·'~ And .I may add, it has been the case-now for three year;; instead our finance. - ·Of two, mth ·a larger deficit in -the last twelve months than in That was what the Pr.esident urged when we first met, and·Con­ · .either -of the two preceding years to which the distinguished gen- 1 .· ·tleman referred in his inaugural address. gress has failed·to do what he called us together to do. :But, Mr. .~ Nor must it be forgotten that however much such loans may temporarily Chairman, why is it that the Dingley bill does not produce enough relieve the situation. the Government is still indebted for the amount of the raven ue to enable us to pay this claim and other claims? It is llOt surplus thus accrued, whioh it must ultimately pay, while its ability to pay because the taxes are not high enough. They are.the highest any js not strengthened, but weakened, by a continued deficit. tariff in our .history has ever known. The Dingley bill is,not fail­ Ah, Mr.-Cha.irman, how sad the thought that the streng-th of ing to produce enough revenue because the taxes are not high the Governml:lnt is weakened by a continued deficit! How sad a enough. It is failing because not enough business is doing. thought th.at month by month the cqntinued deficit of ;the Ding­ When business revives in this country, when enterprise grows. ley bill weakens instead of strengthens the Government of the .apace once more in this country, the Dingley bill must not only United States. furnish enough 1·evenue, but must furnish a vast surplus. The Mr. COOPER of Texas. WUI the gentleman allow me a ques- trouble is that good times have not come. -tion Tight there? . · In the last analysis, hard times are the reason we have not enough Mr. HANDY. With pleasure. revenue to pay this bill.and all om· bills. Jtwas the dutyof·Con­ :Mr. COO.P.ER of Texas. Is the_gentleman aware that by occu­ gress, according to the inaugural address of President McKinley, pying the time to-day he is contributing to a policy that refuses to restore good times. He said: to pay the honest and just debts of the Government? The restoration of confidence and revival of business which men of all Mr. HANDY. I realize that I am ·blocking the tim-e a little; parties so much desire depend more largely upon the ,Prompt, energetic, and I am rather inclined to think that the objection which was and intelligent action of Congress tllan upon any other smgle agency affect­ ing the situation. made and the time that wa~ consumed by the Republican mem­ bers of the ;House on the point of order .had for its object not so If the President was right in this statement, and ·these things much to.take me off my feet .as to consume the time of this com­ really d~pended upon the prompt, energetic, and intelligent action .m.Htee, and block the-passage of private bills. of Congress, then the reason why confidence and business revival Mr. COOPER of Tezas. Does the gentleman propose to assist have not come must be because ·Congress has not given -that them in that line? prompt, ene1·getic, and intelligent -aetion which was necessary to Mr. HANDY. Not -at all. I simply wish to celebrate in a bring'' confidence and a revival of business." With restoration of proper manner the anniversary of.the inaugural address of Presi­ confidence and-revival of business1we would get enough revenue to 'dent McKinley, and at the same time to discuss the merits of the meet this bill and all expenses. Of one thing we maybe certain: bill before the House. While the revenues of the Government are short, the people who Mr. BLAND. Will the gentleman yield for a moment? pay the enormous Dingley taxes are not prosperous. Mr. HANDY. With pleasure. Ah, Mr. Chairman, I wish .I·were·not hampered in treating of l\ir. BLAND. In answer to the gentleman from Texas fMr. this inaugural address. [Laughter.] I wish that I might go into CooPER], whose remark may reflect somewhat upon myself, I all of the inaugural address. It is very interesting reaning a year wish to say that I took an appeal from the ruling of the Chairman, after it was delivered. It is really more interesting than the bill ·. not to take up the time of the committee, but because I believed I have been so faithfully discussing. Mr. Chairman, there is not that free speech in this House upon the bills coming before us, one single hope held out in that inaugural address of a year ago and the rights of the metnbership of ·this House are greater than that has been realized. It reads to-day like an eloquent descrip­ any bill or all the bills on this Calendar. [Applause.] And if tion of a long list of blasted hopes and sad-eyed disappointments. we did not pass another bill, either public or private during this Oh, I wish that it might be in order for me to take up and read -session, I should stand here in my right as a Representative to what that inaugural address said about international bimetallism, . demand free debate upon all of them and all alike. f Applause.l and how throughout the whole of his Administration the Presi­ I say that bills, either public or private, ought not to be whipped dent would remain faithful to that idea. I wish that it were in · through this .House or this committee without legitimate debate; order for me to quote in full that paragraph which begins: and no bill, and no number of· bills, no matter where they come The question of international bimetallism will have early and earnest at­ from or what they are, should be thrust in the teeth of any man tention. It will be my constant endeavor to secure it by cooperation with the on this floor when he undertakes legitimate debate on the condi­ other great commercial powers of the world. tion of the public Treasury or the ability of the Government to But that would not be in order, and I would not refer to it for pay its obligations. the world under present circumstances. [Laughter and applause I may have private bills on the Calendar; I .may be interested on the Democratic side.] I must not mention that blasted hoJle in the passage of some of these private bills, as the gentleman and deserted project--:international bimetallism. from Texas is; but no such consideration as that shall ever influ­ Ah, Mr. Chairman, I wish that I might have the privilege which .ence my conduct upon this floor when I see the rights of the is denied me here to read what that inaugural address said about ..membership of t'qis Honse upon .great _vublic guestions assailed, naturalizatiQn and in:unigrationlaw13. A year ago the President 1898. CONGRESSIONAL RECORD-HOUSE. 2503

spoke of them, but I can not speak of them now. It would not do House, reported that that committee had had under consideration forms to quote the passage which starts- the bill (H. R. 4411) for the relief of James H. Birch, and upon Our naturalization and immigration laws should be further improved to that bill had decided that it was improperly reported from the the constant promotion of a safer, .a. better, and higher citizenship. committee, and therefore improperly before the Committee of the I can not even point out the fact that we have been in session Whole; that the committee had directed him to report the bills nearly a year and have not don-e a single thing in this direction, H. R. 1959, H. R. 5006, .and H. R. 4247 with amendments and with have not even made a serious beginning. the recommendation that as amended they do pass; also the bills Oh I wish I might have the privilege of reading what the Presi­ H. R. 5067, H. R. 7536, S. 619, and S. 2363 with the recommenda­ dent ~aid a year ago to-day about reformh1g the civil service by tion that they do pass without amendment; also that the commit­ chanO'es0 that ''should be real and genuine "-changes making the tee had had under consideration the bill H. R. 285, and had come civil service stronger and stronger. I should like to read that to no r esolution thereon. part of the inaugm·al and then read portions of the speech of the JAMES H. BIRCH. gentleman from North Carolina rMr. PEARSON] and the speech of The SPEAKER. On the bill (H. R. 4411) for the relief of James the gentleman from Ohio rMr. GROSVENORl. Thu.s I could put H. Birch. on which the point of order was made that it came from on exhibition another brolien and shattereCI. pronnse along the a committee to which it ought not to have been referred, the case way. But that would not be in order, Mr. Chairman, and I is rather novel, but the Chair is of the impression that it should should not like to do a thing that was out of order. have been r eferred to the Committee on Military Affairs. A<>'ain I should like to read the glittering promises held out of Mr. MAHON. I have no objection. the ~-est~ration of the American merchant marine. Absolutely Mr. DALZELL. That is a private claim. nothing in that line has been done; but! will not refer to the mat­ The SPEAKER. -The Chair would like to understand it. ter, Mr. Chairman. Mr. PAYNE. I have just reported the Birch bill. The first Ab Mr. Chah·man, I only wish it were in order to read that part bill reported was H. R. 1935. The Birch bill was reported from of th~ President's inaugural address referring to the principles the Committee on War Claims. It is a claim against the Govern­ which should guide our foreign policy. I wish I might read the ment, and it should go to the Committee on Claims. sentence which says: Mr. DALZELL. That is the bill H .. R. 4411? It will be our aim to pursue a firm and ditplifiedforeign policywb~c~ ~11 be just, impartial, ever watchful of op.r nat10nal b~nor, a;n~ always Insistmg Mr. PAYNE. Yes. upon the enforcement of the lawf~l r1ghtsof Amerwan mt1ze.ns everywher~. WILLIAM B. CALDWELL. Our diplomacy should seek nothing more and accept nothing less than IS due us. The next business reported from the Committee of the Whole But I must not read that, for it would not be in order. [Laugh­ was the bill (H. R. 1935) for the relief of Wil1iam B. Caldwell. ter.l Mr. GIBSON# I move, Mr, Speaker, that that bill go to the Mr. NORTON of Ohio. Will the gentleman allow an interrup­ Committ.ee o-n Military Affairs. tion? The motion was agreed to. Mr. HANDY. Certainly. SENATE BILLS REFERRED. Mr. NORTON of Ohio. I would then ask unanimous consent Underclause2 of Rule XXIV, Senate bills of the following titles that he might have the privilege of reading what th~ President were taken from the Speaker's table and refen·ed to their appro­ said in his message relative to the payment of penswns to the priate committees, as indicated below: Union soldiers, if he can find that. S. 3644. An act to provide a life-saving station at Nahant, in the M.r. HANDY. I read t,hat some time ago. State of Massachusetts-to the Committee on Interstate and For· Mr. NORTON of Ohio. I said "if you can find it there." eign Commerce. Mr. HANDY. 'Mr. Chairman, if nobody objects to mentioning S. 20. An act to provide for the transfer of the Fort Sidney Mili­ the old soldier a.t this stage of the proceedings, for fear that his tary Post Reserve to the State of Nebraska for 'educational pur­ name might fl:acture our rules of order, I will venture to find the poses-to the Committee on the Public Lands. passage and read it again. S. 910. An act for the payment of the claim of M. 1\L Defrees Mr. SIMS. May I ask the g.entleman a question on that point? for the construction of a sewer adjacent to the lands of the United Mr. NORTON .of Ohio. He n_ever Raid a word about that. States known as the arsenal grounds, in the city .of Indianapolis, Mr. CASTLE. That was in an old .speech that the President Ind.-to the Committee on Claims. delive1·ed som-e years ago. S. 3145. An act to establish an a-ssay office at Seattle, Wash.­ Mr. SIMS. May I ask the gentleman a question on that point? to the Committee on Coinage, Weights, and Measm·es . .:Mr. HANDY. Yes; while I am looking for the place to read. Mr. SIMS. Your opposition to the passage of this bill is be- ADJOURNMENT OVER. cause it will take money out of the Treasury, is it not? Mr. DINGLEY. Mr. Speaker, I move that when the Hous.e Mr. HANDY. Yes. . adjourn to-day it be to meet on Monday next. Mr. SIMS. And because the Treasury is not in condition to The motion was agreed to. .stand it? PERSONAL PRIVILEGE. Mr. HANDY. That is my ar.gument. I am glad if I have suc- Mr. MAHANY. Mr. Speak~r, I rise to a question of personal ceeded in making it plain to the House. privilege. Mr. SIMS. This is a war claim. The SPEAKER. The gentleman from New York rises a Mr. HANDY. I believe it is a claim of a sail01·. to question of personal privileg~. Mr. SIMS. What is a pension but a war claim? Now, if this Mr. MAHANY. On February 23j in the course of a debate -country is not able to pa.y just war claims, it is n.ot able to pay upon the transmission of mails by pneumatic tubes, I said, in an· pensions, and I should like .to see the gentleman ap:pear here u;>­ swer to a question regarding the chief assailant of this .system, night and get up here on this floor and prevent thmr passage, if that the New York Sun was the recognized enemy of everything th~ Treasury is not in a condition to staud it. beneficial to the people, that it was the servile tool of the trusts, Mr. HANDY. I hope the gentleman will not appeal to my and that 176 ofits350shares ofstockwereowned by 1\Ir. J. Pierpont _p.at1·iotic fervor. I am holding down my patriotic fervor every Morgan. moment for fear that in discussing this claim of a sailor .of the The Snn, in reporting the discussion, attempted at first to meet United States Government I might make some mention of that these statements with the airy p-ersiflage of which the late Charles pitiful occurrence when n.early .300 of our sa;ilors were on a fate­ A. Dana was a mast6r, and of which his editorial understudi-es ful night in a treacherous harbor bl9wn to mstant ~eath. I am are but bru·lesque imitators. [Laughter.] Then, after three days !restraining and holding ba-ck the thoughts that swell m my breast of savage silence, that paper, on February 27, in a double-leaded lest I might inquire whether the ho~or.of the Governmen~ of the article at the head of its editorial columns, discarded its misfit United States has been upheld and 1s lik-ely to be upheld m that garments of journalistic good manners and with characte1·istie matter. I trust the gentleman will not appeal to my patriotism. billingsgate-indeed, with phrases perf-ectly appropriate to the I am wild when I get on that subject. I am not s~e ~n a body Sun in its natm·al state-raised a question of veracity. like this. [Applause and laughter on the Democratic s1de.] After some personal abuse, which from that source is a high And now ·Mr. Chairman, having said all that I can properly compliment, the article went on to state: say and all that I wish to say about this matter, and ~oti?in&' tha~ New, we wish to say to Mr. 1\I..UU.NY that Mr. J. Pierpont Morgan does there is still time before om· recess hour to pass this bill, 1f the not own a share of Sun stock; that he never did own a. share of-Bun stock; House is determined to pass it notwithstanding my opposition, I that be never loaned the Sun a dollar, and that he never loaned the late now yield the floor. (Applause on the Democratic side.] Charles A. Dana a dollar. Mr. MAHON. I move that the committee rise and report the In this declaration the Sun endeavors to evade the issue by a action of the committee on these yru:ious bills. chase of words. Mr. J\1-organ may not have lent the Sun a dollar. The motion was agreed to. He may not have lent the late Cba1·les A. Dana a dollar, nor did The committee accordingly rose; the Speake-r having resumed I ever make any statement to that effect. Mr. J. Pierpont Morgan the .chair, Mr. PAYNE, Chairman of the Committee of the Whole may not even have in his own name a single share of Sun stock; 2504 CONGRESSIONAL RECORD-HQUSE. MARcH 4,

but that does not affect in the slightest degree the intrinsic and Mr. TALBERT. I ask unanimous consent that all bills for the basic truth of my declaration that he owns-that is, controls-176 removal of charges of desertion and removal of political disabili­ of the Sun's 350 shares of stock. ties be passed over to-night. And anyone ae-quainted with the positive and forcible character The SPEAKER pro tempore. The gentleman from South Caro­ of Mr. J. Pierpont Morgan will not doubt that what he controls lina asks unanimous consent that bills removing charges of deser­ he, for all practical purposes, owns. [Laughter.] tion and bills for the removal of political disabilities shall be passed Now, unlike the New York Sun, when I make a statement I am over at this ses ion. Is there objection? willing to adduce some evidence in its support. The Fourth Mr. BROWNLOW. I object. Estate, a journal published in New York City and regarded by Mr. TALBERT. I would just like to say to the .gentleman, the newspaper profession as the organ of the craft, said on Novem­ Does he not think it would be in order to bring a quorum here if ber 25, 1897, in its leading news article, that- he desires to pass bills for the removal of charges of desertion in Several years ago a large sum of money bad been lent to Charle>: A. Dana preference to considering the cases of honest old veterans that are by his old friend Walters, the Baltimore millionaire, wbo,lili:e Mr. Dana, was on the Calendar and ought to pass? . an enthusiastic art. collector. They were clo. e friends, :md when Mr. Dana needed money he h!td no trouble in getting it from Mr. 'Valters . But Mr. The SPEAKER pro tempore. The question is on the motion of Walters died, andaft.erMr. Dana'sdeatb the Walters estate wanted its money. the gentleman from New York, that the House resolve itself into In the emergency it is stated that J. Pierpont Morgan paid the debt andre­ Committee of the Whole for the consideration of bills on the Pri­ ceived nll the New York Sun stock held by the Walters estate as collateral. vate Calendar. The ::M:orning Journal at the same time explicitly confirmed the Mr. SIMS. I want to ask the gentleman-- accuracv of this statement. A careful search of the Sun's columns The question was taken; and the Speaker pro tempore announced fails to disclose that any denial was ever made by the Sun or any­ that the ayes seemed to have it. one connected with it regarding the hypothecation of the stock Mr. TALBERT. Division, Mr. Speaker. with Mr. Walters or the subsequent acquiring of that stoqk as The House divided; and there were-ayes 36, noes 1. collateral by Mr. Morgan. Mr. BROWNLOW. Mr. Speaker, at the solicitation of gentle· These facts have been the common property of Wall street for men here, I withdraw my objection. mouths: have been published in reputable papers, and not denied The SPEAKER pro tempore. Upon this question the ayes are by either Pierpont Morgan or the Sun. The latter's vociferation, 36 and the noes 1. The ayes have it; and the motion is agreed to. therefore, on February 27,1898, that :Mr. Morgan does not" own" :Mr. TALBERT. I understood the gentleman to say that he any Sun stock in no wise meets the issue. His control of those withdrew his objection to my request. shares may serve his purpose infinitely batter than actual owner­ The SPEAKER pro tempore. He does withdraw his objection. ship. M.r. TALBERT. That is all right. - I think I have adduced sufficient proof for the present to justify So the House accordingly resolved itself into Committea of the my statement regarding Mr. Morgan's relations with the Sun. Whole Honse, Mr. CONNOLLY in the chair. That paper, however, with a recklessness born of a lost temper The CHAIRMAN. The House is in Committee of the Whole and engendered by receiving a home thrust, wildly exclaims: for the consideration of the Private Calendar, and the Clerk will We will give $25,000 to any New York charity that Mr. MAHANY may des­ report the pending bill. ignate if he will furnish one scintilla of evidence in support of his statement The Clerk read as follows: and in refutation of ours. A bill (H. R . 1034)- Well, I think I have furnished the "scintilla." [Laughter.] Mr. SIMS. Mr. Chairman, I desire to ask the chairman of the Most New Yorkers familiar with the facts will regard it as a committee a question before we go on with the consideration of whole blast furnace. And lest some institution really in need of this bill. I wish to ask the gentleman from New York, the chair­ such a fund should miss the benefit of the Sun's offer, I will here man of the committee, if we can not have an agreement. I and now designate a New York charity to receive the $25,000. make no point of no quorum and do not expect to, but can not we Prior to 1895 the Sun had become so much reduced that in 1894 have an agreement now to go on with the consideration of these . it paid only a 5 per cent dividend on its capital stock. In 1895 bills for a reasonable time and then come into the House and act this paper, once the friend and· apologist of Tweed, but now by on them to-night? I am not asking this in a captious spirit at all. its own coy admission the chief custodian of "national honor," Mr. RAY of New York. Now, I beg that my friend will not began to ally itself with the rising fortunes of the Republican make such a request as that. We went on here two or three party. In that yea,r the Sun paid 25 per cent dividend, in 1896 nights and got along very nicely. Now, I hope the gentleman the same, and in 1897, 30 per cent on its capital stock. This will not do that. . sudden and mysterious "prosperity" is not explainable by any Mr. SIMS. I am trying to see if you will not do the same to­ inspection of the Sun's advertising columns or its circulating de­ night and do "nicely." partment. Charities are institutions subsisting principally on Mr. RAY of New York. Let us go on and see. gifts. I therefore designate the Sun to receive the $25,000 it so Mr. SIMS. You would not throw suspicion on yourself. Do generously offers. [Laughter and applause.] you want a trial? I only want an agreement, if we can get it, to The SPEAKER. The time having arrived under the rules of consider these bills for a reasonable time, and then rise and con­ the House, the House it! in recess until8 o'clock, and the gentle- sider the same bills in the House to-night, so that we shall not man from Iowa (Mr. HEPBURN] will please act as Speaker. · have them on the Calendar next Friday. Mr. RAY of New York. Let us go on and see if we can not do EVENING SESSION. i't; see if we can not legislate on these pension cases and complete The recess having expired, the House was called to order at 8 them. o'clock p.m. by :Mr. H EPBU RN, as Speaker pro tempore. Mr. ,PLARDY. I suggest to the gentleman from Tennessee The SPEAKER pro tempore. The Clerk will report the rule that we give them a trial to-night. authorizing this se>ssion of the House. Mr. RAY of New York. Let us go on and see what we can do. Mr. CLARDY. If you will act fairly, we will give you a chance The Clerk read as follows: to do so. The House shall on each Friday at 5 o clock I>· m. take a recess until 8 o'clock, at which evening session private pension bills, bills for the removal Mr. RAY of New York. We ought not to act as if we were of political disabilities, and bills r emoving charges of desertion only shall be under contract, but should act as brothers in a common cause considered; E.aid evening session not to extend beyond 10 o'clock and 30 trying to do good to the old soldier. minutes. Mr. SIMS. Of course we will have to go on, if the gentleman Mr. RAY of New York. Mr. Speaker-­ declines to answer. Mr. TALBERT. Mr. Speaker-- Mr. RAY of New York. I do not want to have it put in that Mr. RAY of New York. I move that the House resolve itself light; but let us go on. into Committee of the Whole for the purpose of considering busi­ Mr. BREWSTER. We will finish the bills in the Committee ness on the Private Calendar, under subdivision 2 of Rule XXVI. of the Whole and in the l:louse, and pass them all, if we do not Mr. TALBERT. Mr. Speaker, I want to ask unanimous con­ consume any time unnecessarily. sent-- WILLIAM H. BYRUM. The SPEAKER pro tempore. The gentleman from New York moves that the House resolve itself into Committee of the Whole The next business on the Private Calendar was the bill (H. R. House for the purpose of considering bills on the Private Calen­ 1034) granting a pension to William H. Byrum. dar under the rule under which the House is assembled. The bill was read, as follows: Mr. TALBERT. Mr. Speaker. I desire, befOl"e that motion is B e it enacted, etc. , That the Secretary of the Interior be\ and be is bereb:y authorized and directed to place ou the pension roll, subJect to the proVl­ put, to ask unanimous consent that bills for the removal of sions and limitations of the pension laws, the name of William H. Byrum, late charges of desertion and correcting military records and: remov­ a private of Company E, Seventh Regiment Indiana Legion, and pay him a ing political disabilities be passed over to-night. pension at the rate of $15 per month. Mr. JETT. I do not want to interpose an objection; but I wish Mr. BROMWELL. Let us have the report, Mr. Chairman. the gentleman would put his request with the same limitation as The report (by Mr. MIERS of Indiana) was read as follows: he did last Friday night. The Committee on Invalid Pensions, to whom was referred the bill (H. R. 1898. CONGRESS. IONAL · RECORD- HOUSE. 2505

1034) granting a pension to William H. Byrum, have examined the same and EXHIBIT B. the evidence adduced, and respectfully report: - STATE OF lNDIA.NA, County of Oratvf01·d, ss: This bill as amended proposes to pension at $10 per month William H. Byrum, of :Marengo, Ind., who was a member of Company E, Seventh Indi- In the matter of special pension ~laim of Wi~lia.m H. ByrnJ?, private Com· anaLegion. • pa.ny E, Seventh Regiment of Incha.na State Leg10n. The soldier filed a claim in the Pension Office, but the report from the rec­ Before me, a notary public in and for said county, duly authorized to ad­ ords of tho War Department showed that no such organization as the Sev­ minister oaths, came personal!¥: Elijah E. Richardson, who I certify to be enth Indiana Legion was in tho United States service, and the claim is there­ reputable and entitled to cred1t, and who, being by me duly sworn, on his fort' inadmissible at the Pension Office. oath deelares in relation to said claim as follows, to wit: I am well acquainted Evidence filed with this committee shows that he was a member of the or­ with said Byrum. ~nization named, and that said organization was at Corydon, Ind., in July, He is suffering with bad rupture in his right groin; he is unable for manual 1!!63, and claimant was engaged with others in felling trees to obstruct labor; he is a very poor man; has a wife and four children to support; he has the movements of Morgan's cavalry. and while so employed his ax caught on no income, but is dependent upon his own efforts for his support; he is in a. limb and caused him to be hit in the region of the groin by the ax helve, debt and is in great need of a pension; he is also a man of sober habits and camling an injury which is alleged to have produced rnpture. It is not moral character. I make this statement from personal knowledge~.as I live shown that the rupture appeared at the time, nor is it shown when it did within two squares of him, in the same town, and see him and talK to him first appear. often about his condition. The abo>e facts were written in my presence, and The evidence is not such as would be accepted at the Pension Office to I carefully read this over before I executed this affidavit, and I have no inter­ prove origin of rupture in line of duty, even if the service were recognized est in this claim for pension. as pensionable, since no one seems to know that the blow caused rupture. ELIJAH E. RICHARDSON. This claim would have been admissible under the t hird subdivision of section Subscribed and sworn to before me this 5th day of May,l897. I have no 4693, Revised Statutes, provided origin of hernia could have been proved in interest in this claim for pension, and I am not concerned in its prosecution. line of duty, and the claim had been completed prior to July 4, 1874. [SEAL.] LEVI V ARNTZ, Notary P1tbl'ic. An examination by a board of United States examining surgeons, made March 11, 1891, showed that claimant had a complete oblique inguinal hernia on the right side, which could be reduced without difficulty and retained by EXHIBIT C. a. properly fitting truss, and re.ted him $8. Such a hernia would now be STATE OF lNDI.A.NA, Orawford County, ss: rated $10. The committee is satisfied beyond a reasonable doubt that this soldier, who In the matter of special pension claim of William H. Byl"'llm, private Com­ at the time of the injury was in the service of the United States and aiding pany E, Seventh Regiment of Indiana State Legion. to repel a raid made by a detachment of the rebel army, was injured as al­ Before me, ----, a justice of the peace in and for said county, duly leged, and that he is entitled to relief. He was in the line of duty and was authorized to administer oaths, personally came John Brown, post-office ad­ struck as he claims. The hernia is the probable result of the injury. The dress Marengo, Ind., who I certify to be reputable and entitled to credit, and soldier is poor, without means of support, and in such a condition that a rea­ who being by me duly sworn, on his oath declares in relation to said claim as sonable amount of assistance should be rendered him. The soldier bas a follows, to wit: fainily to support, is well advanced in years, and is totally incapacitateJ for I am well and per;:;onally acquainted with said claimant; I have known him manual labor. ten years; I also know that he has a very bad rupture in his right groin; that Ha.d the legion to which this man belonged been mustered into the service, he is a very poor man-has no income whatever, only what he c..an make by and were the inJury established by le~;al evidence to be the result of an in­ his own person,al. efforts; that his rupture is so bad that he is unable for man· jury received in such service, the sold1er would be entitled to a pension of uallabor; that he has a family to support, and that he is in debt and is in $10 per month. . great need of a pension. I make these statements from personal knowledge In view of all the facts, your committee, after careful investigation and as a neighbor that often sees and talks to him about his condition. I have no consideration, recommend that the bill do pass when amended as follows: interest in this claim for pension. · In line 8 strike out the word •· fifteen" and insert in lieu thereof the word JOHN BROWN. "ten." Subscribed and sworn to before me this 1st day of May, 1897; and I have no interest in this claim. MA.RENG9, IND., June SS, 1897. [SEAL.] LEVI V ARNTZ, Notary Pt~bl-ic. MY DEAR SIR: I inclose you herewith affidavit of my captain, which, I think, completes my claims, and feeling assured as I do that you will watch the opportunity and then press my claim, I shall wait further developments; EXHI:BIT D. but remember the proof on file in Pension Office in my claim, No. 781842; also STATE OF INDIANA, County of Omwfo1·d, ss: . additional evidence furnished Hon. John L. Bretz. Get all ool'ore the com­ In the matter of special pension claim of_William H. Byrnm, late a private mittee, and my pension will be sure, I think. Company E, Seventh Regiment of Indiana Legion. Truly yours, etc., WM. H. BYRUM. Before me, a nc.tary public in and for said county, duly authorized to ad· Hon. W. T. ZENOR, M. C., minister oaths, personally came Alexander P. Trot~r. age 64 years, post­ Washington, D. 0. office address Marengo, Ind., who I certify to be reputable and entitled to credit, and who, being by me duly sworn, on his oath declares in relation to said claim as follows: STATE OF INDIANA, County of Cmwford, ss: I am well :wqnainted with the claimant, William H. Byrnm; he has lived In the matter of special-pension claim of William H. Byrum, Company E, in Marengo, Ind., twenty-five years, and bas been suffering with direct rnp· Se>enth ltegiment of Indiana State Legion. ture in right groin; it has grown worse year by year until he is now unable Before me, a notary public in and for said county, C."l.me personally Enoch for manual labor on account of rupture. . He is a. man of good moral charac­ Weathers, who I certify to be reputable and entitled to credit; and who, ter, and he is a poor mAn, with wife and four children dependent on him for being by me duly sworn, on his oath declares in relation to said claim, as fol­ support. He has no income only what he makes in his office as a notary lows: My age is 77 years; I was born and raised within 1 mile of Marengo, public. He is in debt and is greatly in need of his pension. I make this Ind., and I have known the claimant, William H. Byrum, since his chi!dhood. statement from personal knowledge as a neighbor. I see him and talk with He was raised near me. In 1861 he enlisted in the above organization a stout, him nearly every day and know his condition. I have no interest in this able-bodied man; and on·or about the- day of July, 1863, during the battle claim for pension. at Corydon, Ind., with John Morgan, I detailed said Byrum to help fell trees ALEXANDER P. TROTTER~ for breastworks; and while cutting and felling said timber said Byrum Subscribed and sworn to before me this 30th day of April, 1897, and I hav& received a stroke in his right groin by the end of his ax handle which knocked no interest in this claim for pension. - him down, which was done or caused by a falling limb catching his ax while [sEAL.] LEVI V ARNTZ, Notary Public. in a striking position and knocking or pressing him to the ground. This injury tben made him very sick, and I sent him to a house near by for treatment. Dr. William Bullington, who is now dead, gave him treat­ Exm:BrT E. ment for said injury. I. know the above facts to be true, as I was then cap­ STATE OF INDIANA, C1·awfo1·d County, ss: tain of said company, and present with the command, and saw him receive In the matter of special pension claim of William H. Byrum. said injury, which has resulted in direct rupture of his right groin., which now r enders him unable for manual labor. I also further state that I am not Before me, a notary public in and for said county, duly authorized to ad­ related to the claimant, and that I have no interest in his claim for pension. minister oaths, came personally Calvin Shaffer, a~e 52 years, who I certify to - ENOCH WEATHERS, Captain. be reputable and entitled to credit, and who, bemg by me duly sworn, de­ clares in relation to said claim as follows, to wit: Subscribed and sworn to before me this 12th day of June, 1897. I have no I am personally acquainted with said Byrum; have known him twenty­ interest in this claim for pension. five y-ears. He has a very bad rupture in his right groin. It renders him tsEAL.] LEVI V ARNTZ, Notary Public. wholly unable for the performance of manual labor. He is a. very poor man and has no income, but has to depend on his own efforts for the su-pport of EXHIBIT A. himself and family, and he is in debt and is greatly in need of a pens10n, and STATE OF INDIANA, County of C1·awford, ss: I make these statements to aid him in securing immediate action en his In the matter of special pension claim of William H. Byrum, Company E, claims. I was not present when he received his rupture, but from acquaint­ Seventh Regiment of Indiana State Legion. ance and intimacy with him I believe him to be entitled to a pension. I live in Marengo, Ind., and the claimant does also. I have no interest in his claim Before me, a notary public in and for said county, came personally Frank- for pension and am not concerned in its prosecution. ~\~o~~?~~~~~t~ R~~{~~:%~~1!~~ni~:s~id~ja~~ f"o~Y~~~nf!~s~e~:~ CALVIN SHAFER. ber of Company E, Seventh Regiment of Indiana State L egion, and well and Subscribed and sworn to before me this 6th day of May, 1897. I have no personally acquainted with the claimant, who was also a m ember of same interest in this claim for pension. company; and in the month of July~ 1863, during a battle with John Morgan [sEAL.J LEVI V ARNTZ, Nota1-y Pulllic. at Corydon, Ind., said Byrum was aetailed to help cut and fell some trees for breastworks, to prevent Morgan's Cavalry from charging on us, and that EXHIBIT F. the trees or timber that they were felling was down below and in front of our command, and betwe~n us and Morgan's c0mmand: that while cutting STATE OF INDIANA, c,.,_wford County, ss: and felling said timber said Byrum received an injury in his right groin and In the matter of special pension claim of William H. Byrum, CompJJ.ny E, was taken to a farmhouse near by for treatment. Seventh Regiment of Indiana Legion. I remember well all of the above facts, and I also remember that he was Before me, Levi Varntz, a notary public in and for said county and State, badly hurt, but have forgotten just how it wa.<~ done. I know it was done duly authorized to administer oaths, personally appeared W. A. Stuart, who while felling trees, as stated, and also while in line and discharge of his duty I certify to be reputable and entitled to credit and who being by me duly during said battle. I have not lived near him since the close of the war, have sworn, on his oathii declares in relation to said c'iaim as foiiows, to wit: tam not known his condition, but be now has a very bad rupture in the same groin, well and persona y acquainted with the above-named William H. By1'um. which, in my judgment, resulted from said injury. I am not interested in I live in the town of Marenoo, Ind., and so does he. He is a poor man and his claim for p~nsion. has a bad l"'llpture in his right groin. It is so bad that it renders him wholly FRANKLIN McCABE. unable for manual labor. It pains him in walking. He can not ride horse­ Subscribed and sworn to before me this 29th day of March, 1897. I have no back or stand 011 his feet long at a time on a-ccount of his rupture. interest in this claim for pension. He has no personal property of any value, only household and kitchen fur· {sEAr..] LEVI V ARNTZ, Notary Public. niture; his home is a small house and lot in Marengo, Ind., worth only about 2506 CONGRESSIONAL RECORD-HOUSE. ~lARCH 4, saoo. and is mortgaged for over $150; be has no income only what he can make tenant of Company I, Eighth Regiment New York Cavalry, upon the pension as a notary public. He bas a wife and four children depending oti him for roll, subject to the provisions and limitations of the pension laws, and to pav support; he is industrious, is a man of sober habits, moral character, and is h~m a pension of $50 per month in lieu of any pension that may now be paid of good r epute; he is very poor and is in debt, and be is in the fifty-seventh him. year of his age, and is in great need of his pension, and I make this statement of the facts in his case in order to induce Congress to take up his claim and The bill was laid aside to be reported to the House with a favor­ act on it at once. I also make them from personal knowledge, as I see him able recommendation. and talk to him every day, and I know his condition. I am not in any way EMILY J. MILLER. related to the claimant and I have no interest in this claim for pension. TJ1is a.ffi.da.vit was written in my presence and as I directed, and I have The next business on the Private Calendar was the bill (H. R. 907) rea

The bill was t·ead, as follows: · mittee. I believe he is now in the Hall, and I ask that he make a Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, statement about this case before it is passed. authorized and directed to place upon the pension roll the name of Price W. Mr. TALBERT. I ask that the bill be passed over for the pres­ Hawley, late of Company B, Sev.enty-third Regil:J?.ent India;na Vol~mteer Infantry in the wai· of the rebellion, and to pay hrm a. penSion of $30 per ent. month. The CHAIRMAN~ The gentleman from South Carolina [Mr. · The amendments reported by the committee were read, as fol­ TALBERT] asks unanimous consent that the bill just read be passed lows: over. ORIN R. M'D.A.NI.EL. In line 5, after the word "late," strike out the word "of" and insert in lieu thereof the word "private." The next business on the Private Calendar was the bill (S. 809) In lines 6 and 7 sli!'ike out the words "in the war of the rebellion." for the relief of Orin R. McDaniel. In line 7 strike out the words "of thirty" and insert in lieu thereof the words "at the rate of twenty-four." The bill is as follows: After the word "month," in line 8, a~d the words ''in lieu of t.ha t he is now Be it enacted, etc., Th..'lt tha Secretary of War be, and hereby is, author· ized and directed t.o place the name of Orin R. McDaniel, late an enrolled sol· ~~~~·~he tr..~;} so as to read: "A bill increasing the pension of Price W. dier of Company H, Sixty-fourth Regiment illinois Volunteers, upon the Rawley." records of said companv as enrolled December 26, 1863, and discharged Feb­ ruary U, 1864, for disability, a.nd grant him a.n honorable discharge accord­ The amendments were agrAed to. ingly, as of date February 14, 186!, for disability. The bill as amended was ordered to be laid aside, to be favor­ Mr. JETT. Mr. Chairman, this bill is similar in character to ably xeported to the Honse. the preceding one. I know something about the facts, and there­ MILTON ISERMAN. fore I ask unanimous consent that it be considered at this time. The next business on the Private Calendar was the bill (H. R. It is to correct the military record of Mr. :McDaniel. 3798) granting a pension to :Milton lse1·man, of Thirty-third New Mr. TALBERT. !understand thatwehaveagreed to passover Jersey Volunteers (unassigned}. bills of that character. The CHAIRMAN. The Chair understands that the bill is in -Th e bill was read, as follows: order under the rule and would not need unanimous consent. No Be it enacted, etc., That the Secretary of th~ Interior be, and here~y is­ authorized and instructed to place the name of Milton Iserman.late of Thirty, unanimous consent has been given for the passing over of bills of thi,rd New Jersey Volunteers (unassigned), on the pe~ion roll at ~hera~ of this character. The gentleman who made the objection, as the $72 per month. subj-:ct to the regulatioD:s of the Pens!on Offiee, sa1d penswn Chair understands it, si:oply withdrew the objection. to be in lieu of pellSlon now drawn by h1m under certificate No. 513777. .Mr. TALBERT. I understood the gentleman from Tennessee. The amendments reported by the committee were read, as fol­ [Mr. BROWNLOW] to, withd'l·aw his objection. lows: The CHAIRMAN. He withdrew his objection, but the question In line 4 stri¥e out the word "instructed" and insert in lieu thereof the was never put to the Honse after the withdrawal of his objection. word · • directed." Strike out all after the word" roll," in line 6, and insert in lieu thereof the Mr. TALBERT. I ask unanimous consent again, then, Mr. following: ''and -pay him .a pension ;:.~.t the rate of $2! per month in lieu of Chairman, that these bills be passed over to-night. t)w.t he now receives." The GHAIR:M:AN. Unanimous consent is asked by the gentle­ Amend tlle title so it will read: "A bill granting an i,ncrease of pension to man from South Carolina that this bill and bills of this chara-cter Milton Iserman." be passed over to-night. fr. LACEY. Mr. Chairman, I did not introduce this bill. The Mr. JETT. Before that is put I want to ask the gentleman to soldier whom it proposes to pension lives in a different district modify that requ~t, at least so as to allow the consideration of fJ·om that which I represent, but he formerly lived in my town. this bill. I know this is a meritorious bill, and .it will not take :::Ie-was entirely deaf the last time I saw him, and nearly blind. more than a minute to consider it. For that reason I ask niy 41; present he is~ntirely blind and entirely deaf. .I ask the chair­ friend to withdraw his request, or- atle~t to modify it. man of the committee [Mr. RAY of New York] whether he does The CHAIRMAN. Is there objection to the request of the gen­ not think that the rate of pension allowed in the bill ought to be tleman f:rom South Carolina that this bill and bi1ls of this charac­ xa~sed somewhat beyond $24? ter shall be passed over without consideration at this session? ::tis true that the evidence fails to disclose that this man's disa­ Mr. SETTLE. I object. · . bil{ties were contracted in the service. Owing to lapse of time Mr. TALBERT. I will ask if thi:; bill has had the unanimous ~d .inability to procure the necessary testimony the claimant report of the committee? can not con1;1ect his disabilities clearly with his army service. :Mr. JETT. It is unanimously reported by the committee and . :aut the fact remains that he is both deaf and blind. I suggest passed the Senate in the Fifty-first, Fifty-second, Fifty-third, that the r.ate allowed ought to be something higher than that Fifty-fon1-th and }fifty-fifth Congresses. It is now unanimously proposed. reported by the Committee on Military Affairs. ·_ Mr, RAY of New York. Mr. Chairman, this bill and all the Mr. TALBERT. Mr. Chairman, I ask that the report be read. evidence were most carefully considered by the committee, and we Mr. JETT. I will say in relation to this that Orin R.l\IcDaniel thiu.k we have gone a great way in doing what we have done. If served in the Regular Army for the period of five years, and was gentlemen will examine_carefully the facts, they will see .that this discharged in 186L He then, in the latter part of 1861, enlisted in soldier served from Apnl8 to July 17, 1865, only. He d1d not go the service, and serYed during the civil war until the latter part into the service until the w~r was substantially over, and he of 1862, when he became affiicted. He was sent to the hospital for served only a trifle over three months. He was not even assigned some time, and was fj.nally sent hom~ on a furlough. While there to a command. Still he incurred some disabilities. He iB now he was taken sick, and remained absolutely in such a physiC'c~.l blind; he is now old; he is now poor. When we give him $24 a condition that it was impossible for him to ever :return to his com­ month, we have, I repeat, gone a great way. mand any mo.re. The allowance is a mere gratuity, and it is given so that no man The case has been examined very carefully and critically by who had patriotism enough to go into the Army at any time, if the Committee on Military Affairs in this Congress. It was re­ he is now blind and poor and had a good record, shall go to the ported favorably and passed the Senate, as I say, in the Fifty-first, poorhouse. The amount allowed by the bill is ample to take care Fifty-second. Fifty-third, and. Fifty-fourth Congresses, and at the of the soldier xeasonably and keep hi:m out of the poorhouse. I special session of the Fifty-fifth Congress. trust the report of the committee_will be sustained. [Cries of Mr. CLARDY. I shou~d }ike . to know how it comes to be set "Vote!" "Vote! "J down on the Calendar as a war_claim, reported by the Committee The question being taken on agreeing to the amendtnents re­ on War Claims. ~rted by the committee, they were agreed to. Mr. BROMWELL. I make the point of order that this bill The bill .as .amended was laid aside to be reported favorably to .comes from the Committee on War Claims. the House. Mr. JETT. The gentleman is absolutely mistaken. I see how T. J. MURPHY. he comes to make that assertion, becav.se it is reported on the Cal­ The next business on the Private Calendar was the bill (H. R. endar in that way, but that is a misprint. This bill is reported 4953) to grant an honorable discharge toT. J. Murphy. from the Committee on Military Affairs. I am a member of that The bill was read, as follows: committee myself, and know whereof I speak. Be it enacted, etc., That the Secretary of War is authorized and directed Mr. BROMWELL. What is the character of the bill? to recognize T. J. 1\Iurphy as a captain of tho Second North Carolina Volun­ Mr. JETT. It is to correct his military record. teers from September 15, 1863, to August 8, 1865, and to place his name upon Mr. BROMWELL. A case of deser tion? the 1·olls of that organization and grant him an honorable discharge. Mr. JETT. The records of the War Depal·tment show him as Mr. TALBERT. I will ask whether there is any gentleman a deserter, but the testimony produced before the committee shows here to-night who is in charge of this bill? Unanimous consent absolutely to the contrary. Instead of being a deserter, he served wqs given, I believe, that no bill for the removal of the charge of in the Regular Army for five years and was honorably discharged. desertion or of political disabilities should be considered to-mght. He then entered the service in 1861 and served there until he be­ I make tnat point . came so affiicted that it was impossible for him to remain with Mr_ BROWNLOW. The gentleman from Ohio [Mr. FENTON] his command further. He wa.s sent away on a furlough, and up has charge of the bill and made the report for the military com- to the close of the war he remained in sa.ch a physical condition 2508 CONGRESSIONAL RECORD-HOUSE. YARon4, that it was utterly impossible for him to return to his command. The Committee on Invalid Pensions recommended the following He became absolutely blind and was unable at any time to go to amendment: . his command. He was never a deserter. The testimony shows In line 7, strike out the word" forty " and insert in lieu thereof the words everything to the contrary. [Cries of" Vote!" "Vote!"] " twenty-four." · . Mr. TALBERT. I move to amend by adding the usual proviso The amendment recommended by the committee was agreed to, that no pay or emolument!:! shall accrue on account of the passage The bill as amended was ordered to be laid aside to be reported of this bill. to the House with a favorable recommendation. Mr. JETT. There is nothing in the bill for that. Mr. TALBERT. But I want that proviso put in. ORLANDO J. HOPKINS. The CHAIRMAN. The Clerk will report the amendment. The next business on the Private Calendar was the bill (H. R, The amendment was read, as follows: 3737) granting an increase of pension to Orlando J. Hopkins. The bill was read: as follows: Pl·ovided, Thfl.t no pay or allowances shall become due or payable by rea­ son of the passage of this ~ t. Be i t_ enacted, etc .. That the Secretary of the Int erior be, and he is hereby, . auth9r1~ ed .and directed to place on the p ension roll, subject to the provisions The amendment was agreed to. and h mltations of the pens10n laws, the name of Orlan do J. Hopkins~ late first The bill as amended was ordered to be laid aside to be reported lieutenant Compa.ny A, Fifty-ninth Ohio Infant1·y, and captam ana commis­ ~Y of su b~~ence , and pay him a pension of $30 per month, in lieu of that he to the House with a favorable recommendation. 1s now r eceiVlng. JAMES P. M'GEE. The amendment recommended by the committee was read, as follows: The next business on the Private Calendar was the bill (H. R. After the word "pension," in line 8, insert the words "at the rate ; " and 1046) to correct the military record of James P. McGee. in line 8 strike out the word "thirty" and insert in lieu thereof the word The bill was read, as follows: "seventeen." Be it enacted, etc., That the Secretary of War be, and he is hereby, author­ Mr. SHAFROTH. Mr. Chairman, I desire to call attention to ized and directed to correct the military record of Jame3 P. McGee, Company E, Third Virginia Infant ry, by r emoving the charges of desertion and of this bill, because I believe the committee has overlooked one or attempting to force guards which now stand against him. two papers that were contained in those that were submitted to Mr. TALBERT. I ask that that bill be passed over to-night. the committee. I want to say, Mr. Chairman, that this man ra. Mr. BROWNLOW. I hope the gentleman will withdraw that sides in my district. I know him personally, and it is one of the 1·equest until I make a statement. most pitiable cases that I have. In fact, I selected this as the one Mr. TALBERT. Then I will withdraw the request to allow the case that I thought most deserving of all others for a. pension in gentleman to make a statement . my O.istrict. He is now drawing a pension of $12 a month, and Mr. BROWNLOW. The report in this case is very long. There the increase recommended by the committee in their amendment is nothing in the bill except the correcting of a military record. is simply $5 more, which makes it $17 a month. In the report of There is no money to be paid out on account of it. Mr. McGee the committee the following language appears: 'l'he soldier is now suffering from paralysis agitans and is shown to be was absent from his regiment on leave and remained a few days totally disabled for manual labor, but is not shown to require regular and over the time granted by the officers of his command. He came constant, or even frequent and periodical, aid and attendance. The claimant back and was put in the guardhouse, and while in the guard­ is poor, having no property or income, and is 66 years of age. house a number of drunken men were put in there with him. Now, Mr. Chairman, this is a mistake. It is true that at the They raised a disturbance and the guards rushed in for the pur­ time he applied for the original pension of $12 a month, which pose of quelling it and fired their guns, accidentally killing McGee. papers were in the hands of the committee, there is no evidence He was sitting over in a corne1· of the guardhouse reading a book. showing that he required the constant attendance or periodical He was in no way connected with the disturbance, was a well-be­ attendance of another person, but I hold in my hand his own affi4 haved prisoner, was an innocent man, and was killed by accident. davit and that of his attending physician. His own affidavit The family of Mr. McGee are of the most reputable character, states as follows: and I submit that the charge against this innocent man should be STATE OF CoLORADO, County of .A1·apahoe, ss: removed. . Before me, C. A. Lovelace, a notary public in and for the county and State Mr. SHA.i~NON. And this charge remained against him? aforesaid, personally appeared Orlando J. Hopkins, who, being by me first duly sworn, deposes and says: I am sixty·six (66) years of age, and reside at Mr. BROWNLOW. Yes. No. 1841 Clarkson street, Denver, Colo. I served during the latf\ war of the 1\Ir. SHANNON. It is to remove that? rebellion as captain and commissary of subsistence, United l:)tates Volunteers. Mr. BROWNLOW. Yes. having been enlisted September 12, 18til.; served actively and continuously until May 31, 1866 when I wa..c; honorably discharged by reason of the expira· Mr. TALBERT. I move to amend by adding the usual proviso tion of the war. I am pensioned at the rate of twelve dollars ($12) a month that no pay or emolument shall become due or payable by reason under the ac.t of June 27, 1890, for inability to earn support by manual labor_, of the passage of this act. payable at Topeka (Kans.) agency. Application for this pension was 1llea An gust 23, 1894; certificate No. 887:u!. :Mr. BROWNLOW. The man is dead and has nobody to whom I have never otherwise a"Qplied for or received a pension from the United the allowances would go. His relatives desire simply that his mil­ States. During my service I contracted rheumatism, which gave me more or itary record be corrected, as is honestly due him. They do not less trouble during the service and at various times since my discharge, but did not materially disable me from earning support until the year 1892, when want money, but an honest, clean milita1·y record, such as he de­ I was takPn with a form of paralysis known as paralysis agitans, anecting serves. the right side, the right ear, and the right eye, and very materially disabling Mr. TALBERT. If the man is dead, why is the passage of the my right side and as well rendering me incapable of retaining my urine. bill asked for? I am not able to dress. undress, or feed myself, and can move about the streets with very great difficulty, and am totally uuable to attend to any Mr. JETT. It is done for the benefit of the family. kind of business, either mental or physical, and require the periodical aid Mr. TALBERT. It seems to me there are live people enough to and attendance of an attendant and other persons. Dr. Howell T. Pershing work for here. of this city, whose affidavit accomvanies mine\ has been my physician ana has attended me for the conditions above descrioed. Mr. BROWNLOW. That is true, but this patriotic family ORLANDO J. HOPKINS. deserve to have this stain upon the military record of a dead rela­ Subscribed and sworn to before me this- day of --, A. D. 1896. tive corrected and set right before the War Department and the [SEAL.] C. A. LOVELACE, Nota1·y Public, world at large. ' His doctor, Dr. Howell T. Pershing, a reputable physician iD The bill was ordered to be laid aside to be reported to the House the city of Denver, makes this statement upon that point: with a favorable recommendation. STATE OF COLORADO, County of Arapahoe, ss: EDWARD P. JENNINGS. Howell T. Pershing, of lawful age, being first duly sworn, deposes and says that he is a practicing physician in the city of Denver, Colo. That early in the The next business on the Private Calendar was the bill (H. R. year A. D.1895, he examined Orlando J. Hopkins, of Denver, Colo.,late of Com­ pany A, Fifty-ninth Ohio Infantry Volu nteers (original pen sion certificate No. 2080) to correct the military record of Edward P. Jennings. 88724!), and found him suffering from a. w ell-marked case of paralysis agitans. Mr. TALBERT. Now, Mr. Chairman, I ask that this bill be That h e has seen him since then from time to t ime and made an examina­ passed over. tion of t h e said Hopkins on t his 30th day of November, A. D. 1896. That his The CHAIRMAN. The gentleman from South Carolina asks condition is wor se n ow t han it has been before. That the said Hopkins is unable to u ndress himself or dres3 himself or do any work, mental or phys· unanimous consent that this bill be passed over without consid­ ical. That there can not be the slightest doubt that he is permanently and eration to-night. Is there objection? totally disabled. There was no objection. HOWELL T. PERSHING. Subscribed and sworn to before me this 30th day of November, A. D. 1896. MORITZ TSCHOEPE . W. E. MOSES, Nota171 P u.bZic. The next business on the Private Calendar was the bill (H. R. These affidavits, :M:r. Chairman, were mane on November 80, 4314) t o increase the pension of Moritz Tschoepe. 1896. Since that time Mr. Hopkins has continually been growing The bill was read, as follows: worse. He was in my office last summer several times. It is Be i t enacted, etc., That the Secretary of the Interior be, and he hereby is, true that he can walk. He is stooped and bent down; walks with authorized and direct ed t o pln.c.e on tne pension r oll, subject to the limitation a cane; he can not raise his feet. He slides his feet along, and oan of the pension laws, t he name of Moritz Tschoepe, late of Company C1 Twen ty-f cm·th Regiment of Wisconsin Volunteers\ and pay him a pension ox not get up without holding to a table or having some one to assis' SW p er month in lieu of the pension now being pain him. him. 1898. CONGRESSIONAL RECORD-HOUSE. 2509.

Now, Mr. Chairman, I want to say concerning this man, be­ The bill as amended was laid aside to be reported to the House cause I have known him for about eighteen years, he was a gal­ with a favorable recommendation. lant soldier. He resigned a position that was paying him $150 a WILLIAM STEPHENSON SMITH. month to join the Union Army and fight at $13 a month. .He en­ The next business on the Private Calendar was the bill (H. R. tered as a private. I make an appeal to you, because this man 6209) to pension William Stephenson Smith. has a family on his hands without any.me~ns wha~ver to support The bill was read, as follows: himself and them. He is a man that m life goes mto the be~t S · lic, not 517, $25, and $50 ~erely, but $100 ~month m recogmtion Nobody would like to vote for a measure offered by the gentle· of services rendered to their country, especially when they become man from Colorado any more than I would myself, but, Mr. poor and disabled or were disabled in service. . . . Chail·man, we have got the most liberal pension laws of any nation The law and the lawmaking power have m~d~ a Wide ~1Sti.nc­ on earth, the largest pension roll on earth, and as I understand it tion between those who serve in the Army and mcur their diSa­ these special acts are only to provide for cases in their nature bility through such service in the line of duty and those who have equitable -where the spirit of the law applies but not the letter. become disabled since the war closed by reason of old age or on ·1 think, in view of the fact that the Invalid Pensions Committee, account of disability growing out of disease contracted or acci­ as constituted, has a majority of Republicans on it who can not dent happening since the service terminated. We just had a case possibly be inimical to the old soldiers, that their findings and before us substantially like this. We have had dozens of cases reports ought to be almost sacredly regarded, and if their reports like this before the committee and some before the House. are wrong in any respect J can almost venture that they are wrong Now, look at the facts; and there is no controversy about t?em. on the side of mercy; that they are too large instead of too small. This man served from 1861 to 1862, and then he was appomted I did not rise to make t-his explanation only, but I wanted to ex­ captain or commissary of subsistence, in which capacity he did plain my vote on the amendment to the last bill. not have any fighting to do. The disabilities from which he now I want to make a statement here to-night, or rather to refer to suffers are not traceable to his army service, and there is no sub­ a statement that has been made by a distinguished gentleman of stantial pretense in the evid~nce t~at they ar~ tracea~le to his this House which does great injustice to this side of the House and army service, and we have given him a ~ratmty of $5 a mont? to quite a numberof members on the~ther side.of the House. As additional to what thousands of old soldiers scattered over th1s I said, we have the most generous pensiOn laws m t.he world. Spe­ land are now receiving, situated and circumstanced precisely as cial acts only provide for these cases not covered by the letter of he is and who incurred their disabilities since the war was over. the law. , Now, these are private claims. N dw the gentleman has read a couple of ex parte affidavits There are other private claims. Pension claims grow out of the here seiected out of a whole mass of evidence. This committee war. They are a war claim. If it had not been for the war we had the benefit of the evidence on file in the Pension Bureau, as should not have had any of them; but there seems to be an im­ well as this and other evidence; and after careful consideration, pression among some members of this House that if you call any we believe that we have done him full justice when we increased claim a war claim, that is enough to brand it as undeserving. his pension to 817 per month, and I trust that t~s Committee of Now, a distinguished member on the other side of the House from the Whole House will adhere to the recommendations of the com­ Pennsylvania-! refer to Mr. DALZELL-made this statement. I mittee. The moment we go into extravagant pension legislation did not have an opportunity to refer to it at the time. On page we will come to a sudden stop, and be unable to do any good to 1898 of the RECORD he made this statement. I take it he made it thousands of old war veterans who are in need. . deliberately; that he meant what he said; that he was honest, If we are consistent and wise and moderate in the increases that Referring to Southern war claims, he said: · we give, we can pass a great number of bills t?!ough·this House Some of them are to be found before the Southern War Claims Commis· and carry joy and comfort to hundreds o~ famihe~ . ~c.attered over sion-turned out; to be found in the Court of CJ.ajms-turned out; to be found this land. If extravagant, we shall only mcur cntlc1Sm and find in the Supreme Coru·t of the United States-turned O"Q.t; and then, after being our way blocked by those who consider our action ill advised and turned out again and again in Congress after Congress. they "bob up" in the serene hope that some Congress or other will be found to recognize them; inconsiderate. that some Congress or other by a coalition of Democrats on the other side of Mr. SHAFROTH. The reason no affidavits were contained the Chamber and certain Republicans on this side will put its hands into the among the papers on file in the Pension Bureau as to t~e ~a?t that he Treasury to loot it, as we did two or three W8eks ago in the case of the Book Agents of the Methodist Episcopal Church South. · required periodical attendance was because the applicatio~ · for a pension was made as far ba~k as 1892, when he w.as ~ot m that That statement was ma.de of course in the heat of discussion and condition. He had been growing worse all the trme; and there­ was made stronger than perhaps he intended. Instead of saying fore these affidavits are the only ones on the subject. "certain Republicans" he said "Southern Republicans," but he Again, I want t~ sa;r th~~· tqat a~though t?e claimant in ~his had a ·right to revision ·a.nd he struck it out. But after revision, case claims that his d1sability was mcurr~d m the army serVIce, with deliberation, he says: "We put our hands in the Treasury he does not pretend to trace it by affidavits of physicians; he prob­ and loot it as we did two or three weeks ago in the case of the ably could not do it, because · it was rheumatism that was con­ Book Agents of the Methodist Episcopal Church South." Now,if tracted in the service. But if as a matter of fact it was tra~e­ that is not a charge of dishonesty against us and those Republic· able to army service, this man would be entitled under the Pension ans who voted with us, I do not know how such a charge can be Bureau rules to $72 a month. It seems to me on that account he made. ought to have at least $24, and that the amount ~amed in the bm There is a prej:udice against these claims; and it grows out of as originally introduced ought not to be cut a mckel. the suspicion that there were no loyal men in the South during The CHAIRMAN. The gentleman from Colorado moves to the war; that these claims, although they have been passed upqn amend the committee amendment by striking out the word "sev­ by the Court of Claims and the facts judicially determined and enteen" and inserting "twenty-four." certified to this House, must be rejected as if they had no founda· The question was taken; and on a division (demanded by Mr. tion. SHAFROTH) there were-37 ayes and 41 noes. The distinguished gentleman from Missouri made some remarks So the amendment of Mr. SHAFROTH was rejected. this aft-ernoon on this floor about loyalty in Kentucky and Mis· The committee amendment was ag1:eed to. souri and East Tennessee. Sir, loyalty in the South during the 2510 CONGRESSIONAL RECORD-HOUSE. MARCH 4,

war was loyalty of the most genmne and patriotic type, because Mr. SIMS. Well, I am very glad to hear it. it carried with it burdens; it carried with it personal danger­ Mr. BROMWELL. I believe in the Government paying its danger to the purse and to the person. Why, then, after the facts honest debts. in these cases have been found by a court established by Congress Mr. SI1\1S. I am glad to know there are gentlemen on that and certified to this body-why longer fail to act upon these cases side who t ake that ground. on the ground that the claimants were not loyal? Mr .. BROMWELL. . But I do not believe ~n gentlemen standing In my own district-and I must speak of that in justice to the on this floor and boldmg the Republican Slde responsible for the people there-we bad, I think, three regiments-! know there nonpayment of these war claims which might just as well have were two-of Federal soldiers, regiments raised m that district. been paid six or eight years ago, when the Democrats were in Those men voted against secession; they went into the Federal power here. Army; they stayed in it and fought. Some of them survived the Mr. WALKER of Massachusetts. I have been present here for war without injury; some were killed, and some wounded. Their several Congresses, and I want to say to the gentleman from Ohio families, who stayed at home while these men went into the war, that when F~id~y comes good p~ins is taken to have Friday used were, as a matter of course, subjected to burdens and dangers to up from be~mmng to end on P?mts of order and other things so which the families of no Union soldier north or the Ohio River that these b1lls can not be considered. I have seen a man put into could possibly be subjected. The same thing may be said of East that chair and sit there all day on a point of order that was no Tennessee. Yet the loyalty of men who were loyal under such point of order when it was raised. [Applause.] circumstances as these is impugned whenever we talk about con­ Mr. SIMS. I want to say that I thank the gentleman from sidering these claims. Massachusetts very much. He is one of those liberal-minded Re­ Now, my Democratic friends from theNorth are anxious-to con­ publicans who look upon principles and facts, let them apply sider and pass these pension bills. I do not blame them. The where they will. beneficiaries live in their districts. But can you blame us from Mr. Vv ALKER of Massachusetts. I do not charge anything the South, who have loyal men in our districts, whose claims have for it. [Laughter.] been passed upon favorably by a court which the Government has created for the purpose of hearing and determining such cases, Mr. SIMS. There are numbers of others on that side; but I am when -we want to get consideration for those claims? referring to the language of a distinguished member on that side. We do not ask you to vote for them. We ask you simply to let Mr. WALKER of Massachusetts. The majority of us are just them be considered. And that is the reason I made the request as liberal as I am, if we could get at the bills. to-night of the chairman to rise after a reasonable time and report Mr. BRUCKER. I rise to a point of order. and pass all bills acted on to-night. We are not inimical to your The CHAIRMAN.. The gentleman from Michigan will state it. legislation; we are not against your pension bills; but we do not Mr. BRUCKER. It is that this discussion is entirely out of want these cases-just cases as they are, but no more just than order and irrelevant to the subject under discussion. othars-to get in the w.ay and bar consideration of our cases dur­ The CHAIRMAN. The gentleman from Tennessee has the floor. ing the entire Congress. Mr. RAY of New York. Will the gentleman yield to me for a I have received letters from gentlemen in my district whose question? claims have been allowed by the Court of Claims and are em­ Mr. SIMS. Yes. braced in the bill which is to be taken up in this. HollSe next Mr. RAY of New York. During all the afternoon the time of Friday. These men write to me that they can not understand the House was devoted-to the consideration of war claims. I was why the claims of loyal men, many of whom served in the war only in here for a moment, and I did not interrupt except to correct from start to finish-claims which have been passed upon by the my friend from Missouri in one of his statements. You had all Court of Claims-should not at least receive a hearing in a Re­ the afternoon to work on war claims, and 1 did not interfere. publican Congress. I want to "Say further that so far aS"ID.y mem­ Now, this evening is set apart for pension claims. Can you not ory serves me, a majority of these claimants are Republicans bring your remarks on war claims to a close pretty soon, and let to-day-have never-voted the Democratic ticketin their lives. us go on with the bill? ·The great difference between these claims and the claims of Mr. LOVE. Mr. Chairman, I want to ask for information, those who are asking for pensions is this: The Southern man who what is the amount recommended by the committee to be paid? was loyal and lost his property has no general law in his behalf; Mr. SIMS. I shall conclude myremarksin abonttwominutes. be has no court to render judgment in his favor and make pay­ Mr. LOVE. Excuse me; I thought you were through. ment of his claim. He has to come to Congress. That is the only Mr. SIMS. I have stated this because 1 thought it was justice place that you allow him to come. And these claims that these to the Democrats and Southern R~pnblicans. This charge was men present to you are not merely equitable cases, where~he mere made deliberately, and the remarks were revised, and it stands letter of the law does not apply, like these pension claims; but here; and silence is sometimes consent and acquiescence is some­ they are claims that the courts of law have passed upon -and de­ -times taken as acknowledgment. I wanted any Republican here termined to be right-to be in accordance with all the require- who did not know the facts of the case to know that there were ments of the law. · · loyal people in the South during the war; that they were as hon­ Now. I think the gentleman from Pennsylvania meant what he estly loyal as men could be. And yet you sit here day in and day said; but he did not know the facts as they exist in certain por­ out-not every day, but on every day on which it can be done-and tions of the South. Why, sir, some people in certain portions of do just what the gentleman from .Ma£sachusetts [Mr. W ALKERj the South are opposed to the payment of these claims because the says, fritter away the time on technicalities and points of order, in­ men were loyal; and some of you here are opposed to them on the stead of giving the cases a fair trial before your own majority in ground that the claimants were not loyal. this Honse. Mr. WALKER of Massachusetts. Because they lived in the Now, 1 want to say this about pensions: I am not opposed to South. pensions that ought to be granted. I believe the gentleman from Mr. SIMS. Yes; because they lived in the South. New York fMr. RAY] and his committee a1·e circumspect and try Mr. BROMWELL. Is not the gentleman from Tennessee [Mr. to do their auty, and yet after this House has passed on the work Srns] aware that the Fifty-third Congress was controlled' by the of that committee in Committee of the Whole, we have seen two party to which be belongs-- private-bill days taken up by veterans of this House on the Re­ A MEMBER. And the Fifty-second. publican side in having reports read when those same men had Mr. BROMWELL. Yes; and the Fifty-second also. And how not set foot in this House on the nights when these cases were does it come that so many of these war claims which the Fifty­ heard and considered. second and · Fifty-third Congresses passed by have "bobbed up" Of course that made an impression upon me that the object and in the Fifty-fourth and Fifty-fifth? Your side of the Honse had intention was to consume the time in considering these pension a sufficient majority in the Fifty-second and Fifty-third Con­ bills to which they had no objection, simply to keep these other gresses to have taken up these claims .and passed them if they bills from a hearing in the only court under heaven where they were meritorious claims. ca.n be heard. [Cries of "Vote!" "Vote!''] Why is it, I repeat, that you are continually harping upon the Now, gentlemen, it is not to my political advantage to make obstruction of the Republicans in this Congress to the passage of these remarks. These men, as I tell you, are a majority of them these bills, when two Congresses controlled by Democratic majori­ Republicans, and if this injustice continues, so far as my distTict ties allowed the bills to go by without action? is concerned, they will not be Republicans long; but I am their Mr. Sil\fS. I was not here in the Fifty-second and Fifty-third Representative, and I feel that injustice has been done them. I Congresses and can not answer the gentleman's question: But hope it will not be done again. And in their interest, and their does the gentleman now base his opposition to these Southern interest only, ha-ve I said what I have here to-night. claims upon the fact that Democratic Congresses did not pass Mr. LOVE. I do not want to obstruct the passage of this bill, them? but gentlemen need not insist on having a vote. I want informa­ Mr. BROMWELL. If by "the gentleman" the gentleman tion before I am willing to vote. I want to ask what is tho means me personally, I will say that I . have not opposed these amount proposed to be given by this bill? claims. Mr. RAY of New York. Thirty .dollars. 1898. CONGRESSION.A.li RECORD-HOUSE. 2511

Mr. LOVE. We have just refused to give $30 in a remarkable ing by which a pension has been given to this man. Now, what case here, and I want to ask now why it is we give 830 in this case? is the nature of this bill? 1\fr. RAY of New York. I will tell the gentleman why. It is Mr. GIBSON. This is to correct his record. It comes from very plain. another committee. Mr. LOVE. Well, that is what I want to know. Mr. LOVE. What was the trouble with his record? MT. RAY of New York. In the other case the man's disability Mr. GIBSON. He was captmed before he was mustered in, was not of service origin, and there was no substantial proof that that is, before his name was entered on the muster roll, captured it was. In this case, where we propose to give him $30, the sol­ in battle, shot down, and confined in Confederate prisons until dier's disability is of service origin, coltcededly so. the war was e.nded. Mr. SHAFROTH. What is the natme of the complaint in this Mr. TALBERT. All right; let us go ahead. case? 11-Ir. GIBSON. And he ought to have something for it. Mr. RAY of New York. He is a physical wreck. The bill was ordered to be laid aside to be reported to the House Mr. SHAFROTH. That is my man, exactly. LLaughter.] with a favorable recommendation. · Mr. RAY of New York. But your man's disability was not JANE H. SA.NDBOR.N, contracted in the service. This man has chronic diarrhea and other diseases, which the evidence shows conclusively he con­ The next business on the Private Calendar was the bill (H. R. tracted in the service. They have been growing on him ever 2074) granting a pension to Jane H. Sandborn. since until he is now substantially wholly helpless. The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and is hereby, It is, in truth, what would be known to the law as a S50 case; authorized to place on the pension roll the name of Jane H. Sandborn, de­ but it has been cut down to $30 in order that the action of this pendent daughterof Gilman J. Sandborn, late a private in Company K, Third committee may not be extravagant, in order that no man on either Regiment Minnesotn, Volunteers, at the rate of $12 a month, subJect other­ side of the House or in the country shall accuse us of extrava­ wise to the provisions and limitations of the pension laws. gant pension legislation in the way of special bills. The amendment of the committee was read, as follows: Mr. LOVE. Does he require a special nurse all the time? At the end of line 6 insert the following: "And pay her a pension.~ • Mr. RAY of New York. Part of the time and help part of the The amendment recommended by the committee was agreed to. time. The bill as amended was ordered be laid aside with a favorable Mr. SHAFROTH. I do not think this case is a particle batter I;ecommenda tion. than mine, but I propose to vote for it oocause I think it a good A.LPHONSO FREEMAN. case. The next business on the Private Calendar was the bill (H. R. The bill was ordered to be laid aside to be reported to the House 7165) granting an increase of pension to Alphonso Freeman. with a favorable recommendation. The bill was read, as follows: FLORENCE W. BUSKIRK. Be it enacted, etc., That the Secretary of the Interior be, and he hereby is, authorized and du·ected to increase the pension of Alphonso Freema~ late a. The next business on the Private Colendar was the bill (S. 139) private in Company?, Second United States Dragoons (Mexican war), from granting an increase of pension to Florence W. Buskirk. S12, the amount now received by said Freeman under pension certificate No. The bill was read, as follows: 908, to S25 per month. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The amendment recommended by the committee was read, a~ an thorized and directed to place on the pension roll, subject to the provisions follows: and limitations of the pension laws, the name of Florence W. Buskirk, widow of John W. Buskirk, late a corpor:U in Company G, Forty-ninth Regiment of In line 8 strike out the words "twenty-five" and insert the Indiana Volunteer Infantry, JLt the rate of $20 per month in lieu of the pen- word "twenty." sion she is now receiving. . The amendment recommended by the committee was agreed to. Mr. RAY of New York. ::Ml·. Chairman, while this is a Senate The bill as amended was ordered to be laid aside with a favor­ bill, I notice an important omission in it. I move to amend by able recommendation. inserting the words "and pay her a pension" after the word BOLIVAR J. PRIDGEN. "infantry " in line 8. Mr. SULLOWAY. This is a Senate bill. The next business on the Private Calendar was the bill (H. R. The amendment wa.'3 agreed to. 3362) fo1· the relief of Bolivar J. Pridgen, an invalid Mexican war The bill as amended was ordered to be laid aside to be reported vetel'an. to the House with a favorable recommendation. The bill was read, as follows: Be i~ enacted,.etc., Thatthe Commissioner of Pensions be, and he is hereby JEROME A. STANTON. authoriZed and mstructed to place the name of BolivarJ. Pridgen an invalid The next business on the Private Calendar was the bill (H. R. Mexican war ve~ran, on the pension roll at the rate of $50 per m~nth. 5304) for the relief of Jerome A. Stanton, a scout and master of SEc. 2. That this act shall take effect from and after its passage. transportation in the Seventh Corps of the Army of the United The- amendments recommended by the committee were read States. as follows: ' The bill was read, as follows: In line 3 strike out the words" Commissioner of Pensions" and substitute Be it enacted, etc., That the Secretary of the Interior be, and hereby is, therefor the words "Secretary of the Interior." authorized and directed to place on thtl pension roll the name of Jerome A. In line 6 strike ont all after the worc:t ·• of" and insert in lien thereof the Stanton, a scout and master·of transportation in the Seventh Corps of the words '·twenty dollars per month, the same to be in lien of the pension now armies of the United States, and grant him a pension of $18 per month for drawn by him." wounds and injuries received while in the discharge of his duties. The amendments recommended by the committee were agreed The Committee on Invalid Pensions recommend the following to. amendment: Mr. COX. Mr. Chairman, I find that 301 on the Calendar was In line 7 strike ont the word "grant" and insert in lieu thereof the word passed over. Now, I try to watch these matters. I have no ob­ "pay." jection to this bill at all, but I would like to recur to Calendar · The amendment was agreed to. No. 301; for there is no trouble about it in the world. The bill as amended was ordered to be laid aside to be reported The bill a-s amended was ordered to be laid aside with a favorable to the House with a favorable recommendation. recommendation. WILLIAM STEPHENSON SMITH. Mr. COX. Now, Mr. Chairman, I ask unanimous consent to The next business on the Private Calendar was the bill (H. R. recur to 301 on the Calendar. There is no question about that bill 1928) for the relief of William Stephenson Smith,. at all. · The bill was read, as follows: The CHAIRMAN. The gentleman from Tennessee asks unani­ Be it enacted, etc.. That the Secretary of War be, and he is hereby, directed mou~ co~ent tore~ to Calenda;r number 301, for the purpose of to enter the name of William Stephenson Smith as a private of Company L co~1dermg that bill. Is there obJection? [After a pause.] The Eleventh Regiment of Tennessee Volunteer Cavalry, upon the rolLs of said Chair hears none. company as mustered into the service on October 10, 1 63, and honorably mns~red out on 4-pril ~, 1865, and to i~sne to him an honorable discharge ac· T. J. MURPHY. cordingly: and sa1d Srmth shall be pa1d all the pay, allowances, and bounties dne to a. soldier regularly serving in said company between the dates afore­ The next bus?-zless considered was the bill (H. R. 4953) to grant said. an honorable discharge t.o T. J . Murphy. Mr. TALBERT. Mr. Chairman, I ask that that bill be passed The bill was read, as follows: over. Be it e1~acted, etc., That the Sccre~ry of War is authorized and directed to recogruze T. J. Murp!Iy as a captam of the Second North Carolina Volun­ · The CHAIRMAN. The gentleman from South Carolina asks teers from September_lLJ, ~863, to AugustS, 1865, and to place his name upon unanimous consent that the bill be passed over without action to- the rolls of that orgamzat10n and grant him au honorable discharge. njght. · The b_ill was ordered to be laid aside with a favorable recom· :Mr. FENTON. I object. mendation. . .1 Mr. GIBSON. This does not remove a charge of desertion. It Mr. STURTEVANT. Mr. Chairman, I ask that the usual 1s not a desertion case. . amendment be put in the bill, "that no pay or allowances shall be Mr. LOVE. What is the trouble? received by reason of the passage of this act." Mr. '!'ALBERT. I see a bill h~..s been passed already this even· Mr. COX. It is all right. There is no trouble about it. 2512· CONGRESSIONAL RECORD-HOUSE. MARcH4,

Mr. STURTEVANT. I want the usual amendment put in. Mr. LOVE. I see that this bill is for $30. Is not that more Mr. COX. The amendment is put in the bill. There is no than is usually provided for? trouble about the bill. [Cries of" Vote!"] Mr. RAY of New York. I will say to the gentleman that that The CHAIRMAN. Does the gentleman withdraw his amend­ bill comes from the Committee on Pensions-not from the 0om­ ment? mittee on Invalid Pensions, of which I am chairman. Mr. STURTEVANT. Yes; if it is in the bill. Mr. LOVE. I just wanted to know how this was. I see that The bill was ordered to be laid aside with a favorable recom­ this bill provides for $30 a month, which is more than the others mendation. are getting, and I want to know how that is. BENJAMIN F. HOWLAND. Mr. RAY of New York.- Perhaps the gentleman from Ohio can The next business on the Private Calendar was the bill (H. R. answer you. 1322) granting a pension to Benjamin F. Howland. Mr. BR011WELL. In answer to the gentleman's question, I The bill was read, as follows: will say that I was not present at the session of the committee at Be it enacted, etc., That t h e Secretary of the Interior be, and he is hereby, which this bill was considered. The bill was reported by the authorized and directed to place on the pension roll, subject to the provisions gentleman from New Jersey rMr. LOUDENSLAGER] , chairman of and limitations of tha pension laws, the name of Benjam\n F. Howland, late the Committee on Pensions. "The rate of 830 is the rate fixed in of the whale ship Edwa1'd, Mexican war. similar cases for officers of the rank of the husband of this widow. The amendment recommended by the committee was read, as He was a chief engineer in the Navy, and was in the service follows: · from 1847 entirely to the time of his retirement. He served and Add, after the word, " war," in line 7, the words "and pay him a p ension has a distinguished record, which is contained in this report, of $8 per month." reaching from March 13, 1847, down t.o 1885, every year of which, The amendment recommended by the committee was agreed to. and sometimes a number of instances in the same year, he was The bill as amended was ordered to be laid aside with a favor­ doing distinguished work in the line of his duty. He died March able recommendation. 13, 1895. MARTHA S. HARLLEE. Now, I will say that for corresponding officers in the Army and The next business on the Private Calendar was the bill (S. 3339) the Navy we have established a precedent for $30 to the widows to increase the pension of Martha S. Harllee, widow of W. W. of such officers. This is in the line of the precedents established Harllee, a soldier of the Florida war. in that committee. [Cries of ''Vote. "l The bill was read, as follows: The bill was ordered to be laid aside with a favorable I'ecom­ Be it enacted. etc., That the Secretary of the Interior be, and he hereby is, mendation. authorized and directed to place on the pension roll, subject to the provisiOns CATHERINE. CLIFFORD. and limitations of the penswn laws, the name of Martha. S. Harllee, widow of the late W. W. Harllee, veteran of the Florida war, and pay her a. pension The next business on the Private Calendar was the bill (H. R. of $15 :per month from and after the pas~e of this act; and this pension shall 1801) granting an increase of pension to Catherine Clifford. be in lieu of that which she is now receivmg. The Clerk read as follows: The amendment recommended by the committee was read,· as Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, follows: authorized and directed to increase the pension of Catherine Clifford, widow of James Clifford, Twen~y:fifth Battery Indiana Volunteer Li~ht Artillery, In line 7 strike out the word "fifteen" and insert the word "twelve." and P!I:Y her a. pension of SOU per month, in lieu of the pension which she is now The amendment recommended by the committee was agreed to. rece1vrng. The bill as amended was ordered to be laid aside with a favor- The amendments recommended by the committee were read, as · able recommendation. follows: NAPOLEON B. BREEDLOVE, In line 4 strike out the words "increase the pension," a.nd insert in lieu thereof the words "place the name;' and in line G, after the word "Artil· The next business on the Private Calendar was the bill (S. 934) lery," insert the following: " on the pension roll" granting an increase of pension to Napoleon B. Breedlove. The committee amendment was agreed to. The bill was read, as follows: The bill as amended was laid aside to be reported to the House Be it enacted, etc., That the Secretary of the Interior be, and he is hereby1 with a favorable recommendation. authorized and directed to place on the pension roll as entitled to increase or pension, snbject to the provisions and limitations of the pension laws, the .JOHN RUSTMAN. name of Napoleon B. Breedlove, late of Company G, Fourth Louisiana. Volun­ teers, Mexican war, and pay him a. pension at the rate of $SOper month. The next business on the Private Calendar was the bill (H. R. The amendment recommended by the committee was read, as 5325) for the I'elief of John Rustman. follows: The bill was read, as follows: Strike out the word "thirty," in line 8, and insert in lieu thereof the word Be it enacted, etc., That the Secretary of War be, and he is hereby, author­ 'twenty." ized and directed to remove the charge of desertion now st-anding against the military record of John Rustma.n, late of Company I, Eighth lllinois Volun­ The-amendment recommended by the committee was agreed to. teer Infantry, and to issue au honorable discharge. The bill as amended was ordered to be laid aside with a favor­ able recommendation. The amendment recommended by the committee was read, as ESTHER WILLIAMS. follows: After the word "discharge," in line 7, add the following: "That no pay or The next business on the Private Calendar was the bill (S.1983) allowances shall become due by reason of the passage of this act." granting an increase of pension to Esther Williams. The committee amendment was agreed to. The bill was read, as follows: The bill as amended was laid aside to be reported to the House Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pemion roll. subject to the provisions with a favorable recommendation. and limitations of the p enswn laws, the name of Es~her Williams, widow or Mr. TALBERT. Mr. Chairman, I ask that the next three bills Gilbert M. "Williams, for services in Captain 8taphen's Company, Georgia on the Calendar be passed over without consideration. Volunteers, Florida war, and pay her a. pension at the rate of •1.2 per month Mr. BRUCKER. Mr. Chairman, I object. I am interested in in lieu of the pension of $8 per month she is now receivinc-. the next case of Cordell B. Green. The bill was ordered to be laid aside with a. favorable recom­ Mr. TALBERT. Mr. Chairman, I withdraw my request for mendation. unanimous consent to pass over the bills. CAROLINE W. ABNEY. CORDELL B. GREEN. The next business on the Private Calendar was the bill (S. 3064) to increase the pension of Caroline W. Abney, widow of M. W. The next business on the Private Calendar was the bill (H. R. Abney, a soldier in the Mexican war. 3243) for the relief of Cordell B. Green, Company D, Sixteenth The bill was read, as follows: Michigan Infantry. . The bill was read, as follows: Be ~t enacted, e_tc., That the Secretary of ~ho Interior .be, and he herepy is, au t.horized and directed to place on the pemwn roll, subJect to the proV1.S1ons Be it enacted, etc., That the Secretary of War b e1 and he is hereby, author­ and limitations of the pension laws, the name of Caroline W. Abney, widow ized and instructed to remove the charge of desertton from the military rec­ of the late M. W . .Abney, a member of Captain Denny's Company, South ord of Cordell B. Green, late of Company D, Sixteenth Michigan Infantry, in Carolina Volunteers, and pay her a pension of S12 per month from and after the wa.r of the r ebellion, and to grant an honorable discharge to said Green. the passage of this act; and this pension shall be in lieu of that which she is Mr. BRUCKER. Mr. Chairman, I have known Mr. Green ever now receiving. - since I was "knee high." The occasion of his enlistment was my The bill was ordered to be lrud aside with a favorable recom­ first recollection of the war. He was then but a boy of 16 years. mendation. He went to the front, even at that tender age, in response to his EMI!;LINE C. SEWELL. country's call for aid In 1862 he was severely wounded and was The next business on the Private Calendar was the bill (S. 649) sent to a hospital at Brooklyn, N.Y., and as soon as he had recov­ gt·anting a pension to Emeline C. Sewell, wi<'low of Chief Engi­ ered sufficiently to perform military duty he enlisted in the Navy neer George Sewell, United States Navy. and served faithfully until the close of the war, and was honor­ The bill was read, as follows: · · ably discharged. There is a record of desertion standing against Be it enacted etc., That the Sa;:Jratary of the Interior be, and he is hereby, him at the War Department on account of his failure to return dii·ected to plaeo on the p ension roll, subject to the limitations per month. 1898,. CONGRESSIONAL RECORD-HOUSE. 2513 within the true meaning of the law. I have known him ever JOSEPH P. HARMON. since his retmn from the war. He resides in my county. His The next business on the Private Calendar was the bill (H. R. family and mine lived neighbors. He has always borne a first­ 2198) granting an increase of pension to Joseph P. Harmon, lat-e class reputation. He is now getting old; is in poor circumstances, private in Company K, Fifth Maine Volunteers, and Company B, with a family to support, and suffering from wounds received in Seventh Maine Volunteers. the line of duty. I hope this bill will pass, and justice be done to The bill was read, as follows: my old friend and neighbor. Be it enacted, etc., 'That the Secretary of the Interior be, and he is hereby, :Mr. TALBERT. Mr. Chairman, I move to add the usual pro­ authorized and directed to pla.Ce on the pension roll, subject to the provi· vision that no pay or allowances shall become due by reason of sionsand limitations of the pension laws, the name of JosephP. Harmon, late a private in Comnany K, Fifth Maine Volunteer Infantry, and Company B, the pas age of this act. Seventh Maine "9"olunteer Infantry, and to pay him a. pension of~ per The CHAIRMAN. The Clerk will report the amendment. month, in lieu of the pension now allowed him. The Clerk read as follows: The bill was laid aside to be favorably reported to the House. After the word "Green," in line 7, adcl the following: "That no pay oral­ lowances shall become due by reason of the passage of this act." WILLIAM D. LA.:liB. The amendment was agreed to. The next business on the Private Calendar was the bill (S. 2728) The bill as amended was laid aside to be reported to the House granting a pension to William D. Lamb. with a favorable recommendation. The bill was read, as follows: Mr. TALBERT. Mr. Chairman, I now ask that the next two Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, bills be passed over wi~hout consideration. authorized and directed to place on the-peusion roll, subject to the provisions :md limitations of the penswn laws, the name of William D. Lamb, late act­ Mr. RIDGELY. For what reason? ing assistant surgeon of the United States Army, and pay him a pension at Mr. TALBERT. I do not think we ought to take up the time the rate of 25 per month. of the committee in discussing bills to relieve charges against de­ The amendment reported by the committee was read, as follows: serters when there are so many more meritorious claims of men that stood by the flag and fought like men. In line 8 strike out "twenty-four" and insert in lieu thereof "seventeen." Mr. RIDGELY. Do you know that these next two bills are The amendment was ag1·eed to. · · bills of that kind? The bill as amended was laid aside to be favorably reported to The CHAIRMAN. The question is on the request of the gen­ the House. tleman from South Carolina for unanimous consent to pass over BERNARD DUNN. the next two bills on the Calendar without consideration. The next business on the Private Calendar was the bill (H. R. There was no objection. 771) granting an increase of pension to Bernard Dunn. JAMES B. RAWLINS. The bill was read, as follows: The next business on the Private Calendar was the bill (H. R. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, 6931) granting a pension to James B. Rawlins. authorized and directed to place on the pension roll, subject to the provisions and limitations of the pens10n laws, the name of Bernard Dunn~ late a private The bill was read, as follows: in Company A, Second Regiment Iowa. Cavah·y, and cause to oe paid to him Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, a pension of $72 per month, in lieu of the pension now received by him. authorized and directed to place on the pension roll the name of James B. The amendments reported by the committee were read, as fol· Rawlins, son of the late Maj. Gen. John A. Rawlins, and pa.y him a pension of $3()amonth. lows: In line 8 strike out the word "seventy-two" and insert in lieu thereof the The bill was laid aside to be reported to the House with a fa­ word "twenty-fou1·." vorable- recommendation. Also, in line 7 strike out the words "cause to b~ paid to" and insert in lieu thereof the word "pay." , ELIZA MILLER. The next business on the Private Calendar was the bill (H. R. The amendments were agreed to. 2815) granting an increase of pension to Eliza Miller. The bill as amended was laid aside to be favorably reported to The bill was read, as follows: the House. GEORGE W. GARRISO:s-. Be it enacted, etc., That the Secretary of the Interior be, and is hereby, authorized and directed to place on the pension roll. snb.iect to the provisions Tha next business on the Private Calendar was the bill (H. R. and limitations of the pension laws, the name of Eliza Miller, widow of Abra­ ham :!\filler, late of Company .E, Thirty·sixth Ohio Infantry Volunteers, at 4160) granting an increase of pension to George W. Garrison. the rate of $25 per month, in lieu of the pension which she is now receiving. The bill was read, as follows: ' Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, The Clerk read the amendments recommended by the commit­ authorized and directed to place on the pension roll, subject to the provi­ tee, as follows: sions and limitations of the pension laws, tne name George W. Garrison, and After the word" volunteers~~· line 7, insert the words "and pay her a pen­ pay him a pension of $50 per month, in lieu of the pension he is now receiv­ sion." Also add at the end of line 9 the following: mg, under certificate No. 720005. "And the Secretary of the Interior is also authorized and directed to place The amendments reported by the committee were read, as fol· thena.meof Jacob Miller, the idiotic son of said Abraham Miller, on the pension roll. and pay him a pension at the rate of $12 per month from and after the lows: death of his said mother, Eliza Miller; same to be paid to his guardian when In line 6 strike out the word "fifty" and insert in lieu thereof the word o.ppointed." "thi.rty." The amendments were agreed to. In line 7 strike out the word "under;" and strike out all of lines 8 and 9. The bill was laid aside to be favorably reported to the House. The amendments were agreed to. · The bill as amended was laid aside to be favorably reported to CH.!..RLES L. STEPHENS. the House. The next business on the Private Calendar was the bill (H. R. DORENCE ATVVATER. 3661) granting a pension to Charles L. Stephens. Mr. SPERRY. Mr. Speaker, I do not know that I shall be able The bill was read, as follows: to make myself heard, for I have been co_nfined to the bouse all Be it enacted, etc., That the Secretary of the rD.terior be, and he is hereby, instructed to place on the pension roll, subject to the provisions and limita­ day with a severe cold. But I desire to make a request of the tions of the pension laws, the name of Charles L. Stephens, late a. private in House. When the case of Dorence Atwater was reached this Garth's Provisional Enrolled Missouri Militia, and pay him a pension of .,.50 evening, the request was made that it be passed over. The ge11:: per month. tleman who made that request is willing, after hearing the points The amendments reported by the committee were read, as fol­ in the case, that I should call up the bill. Its consideration will lows: occupy only a minute. I ask unanimous consent that we return In line G strike out the word" Garth's" and insert in lieu thereof the words to the bill (S. 400) for the relief of Dorence Atwater. "Company L, Fourth;" and in line 7 s t-rike out the word "fifty" and insert There was no objectjon. in lieu thereof the word "forty." The bill was read, as follows: The amendments were agreed to. Be it enacted, etc., That Dorence Atwater be. and he is hereby, relieved and The bill as amended wa.s laid aside to be reported favorably to absolved from the effect of the sentence adjudged agaiust him by a. court· martial on the 11th day of September, 1865, and that the Secretary of W a.r be, the House. and he is hereby, authorized and ¢rected to annul the order dishonorably JOSHUA PARKER. discharging said Atwood as a private, ge,n eral service, United States Army, and to issue to him an honorable discharge from said service, to date from The next business on the Private Calendar was the bill (S. 2258) the 2'ld day of September, 1865. · granting a pension to Joshua Parker. Mr. S?ERRY. This bill has already passed the Senate. It is 'fhe bill was read, as followa: all right in every particular. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, Mr. TALBERT. I move add the usual amendment: authorized and directed to place on t.he pension roll, subject to the provisions to and limitat ions of the pension laws, the name of Joshua Parker, late a private Provided. That no pay or allowances shall become due or payable by-reason in Company F, Twelfth Regiment Indiana Volunteer Infantry, and in Com­ of the passage of this act. · pany D, Eighty-eighth Regiment Indiana Volunteer Infantry, at the rate of The amendment was agreed to. $40 per month, to date from the final passage of this act. The pill as amended was laid aside to be favorably reported to The bill was laid aside to be favo1·ably 1·eported to the House. the House. ~ XXXI-158"" .· 2514 CONGRESSIONAL RECORD-HOUSE. 1\Lffion ~

CHARLES F. BROWN. The Committee on Invalid Pensions recommended the following Mr. SOUTHARD. I ask unanimous consent that the Commit­ amendments: tee of the Whole re.turn to the bill (H. R. 713) to con·ect the naval Strike out all after the enacting clause and insert the following: -record of Charles F. Brown. That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, subject to the_ provisions and limita­ There was no objection. tions of the pension laws, the name of Charles C. Short, late a private in The bill was read, as follows: Company D, •rwenty-.first Regiment New York Volunteer Infantry, and pay Be it enacted, etc., That the Secretary of the Navy be, and he is hereby, him a pension at the rate of $30 per month in lieu of the pension he is now re­ authorized and directed to issue an honorable discharge to Charles F. Brown, ceiving. who served on the U. S. S. Hartford under the name of C. F. Banks, to date Amend the title so as to read: "A bill to increase tho pension of Charles C. DecE~mber 10,1 63, the day he left the naval service and enlisted in tha .A:rmy. Short." MI· .•TALBERT. I move to amend by adding the usual proviso: Mr. ALEXANDER. Mr. Chairman, I offer the following P1·ovided, That no pay or allowances shall become due or payable by rea­ amenclment: aon of the passage of this act. At the end of line 9, page 2, after the word "receiving," insert the fol­ The amendment was agreed to. lowing: The bill as amended was laid aside to be favorably reported to "Provided, That the pensioner whose pension shall be increased by this act from $12 per month to ~Opermonth, shaH be J;lai.d tho difference between the House. said sums monthly from June 25, 1890, to the t1me of the taking effect of W. H. COHORN, this act." The next business on the Private Ca1endar was the bill (H. R. Mr. ALEXANDER. Mr. Chairman, it is admitted bythePen­ 2430) removing charge of desertion from military record of W. H. sion Committee and by the Commissioner of Pensions that if the Cohorn. disease which now renders the pensioner helpless had had its The bill was read, as follows: origin in the service, he would be entitled to 850 or 872 a month Be it enacted, etc., That the !:)ecretary of War be, and he i§ hereby, author­ from the time he made application, on June 25, 1890. ized and directed to remove all charges of desertion from the militarv record of W. H. Cohorn, late of Company F, Eighteenth Regiment KentuckY Volun­ The case is a very interesting one. It has been carefully con~ teers, and to issue to him an honorable discharge as of the date he left the sidered by the Pension Office .and rejected. It has been ap· service. pealed to the Secretary of the Interior, and upon my special re· The amendment repOTted by .the committee was read, as follows: quest he sent the medical referee to Buffalo to make an examina­ At the end of the bill add the following: tion of this soldier, who for the past five years has been confined '' P1·ovided, That no pay, bounty, or emoluments of any kind shall become to his bed and absolutely helpless. It is claimed by the pensioner due or payable by reason of the passage of this bill." and his attorney that the locomotor ·ataxia is due entirely to the The amendment was agreed to. service; that it is of service origin. Tlle Pension Commissioner The bill .as amended was laid aside to be favorably reported to and the Secretary of the Interior have held that it is locomotor the House. ataxia, but that it is not of service 01-igin. Now, the report of the .D.A. VID 0. BURLEIGH. committee says: The next business on the Pl'ivate Calendar was the bill (S. 473) On the question whetheT locomotor ataxia from which the soldier now suf­ for the relief.of David 0. BuTleigh. fers was of service origin medical men have differed. The bill was read, as follows: Now, that is very true. Out of fifteen or twenty of-some of the Be it enacted, etc., That David 0. Burleigh shall be held and considered to ablest physicians that we have in this country, nearly one-half of have been honorably discharged from the military service of the United them, in fact all of them who were not connected with the Pension States as a ca-ptain of Company I, Fourth New Hampshire Infantry 'Volun­ teers, on the 4th day of June, 186-1, and that the Secretary of War be, and he Department, say that it is not locomotor ataxia at all, but that the is h ereby, authorized and directed to revoke the order cashiering the said disease which now renders this soldier helpless and has so rendel'ed Bm·leigh, and to issue to him a certificate of honorable discharge as of said him for the past five or six years is due to service origin. date. I had him examined last summer, when the Grand Army met Mr. LOVE. I move the usual amendment. in the city of Buffalo, by so eminent a specialist as Dr. W. A. The amendment was read, as follows: Hammond, the old Surgeon-General of the Army, and I want to P1·ovided, That nOn the sion he is now receiving. fact that whatever this disease is called, and he names it, it is due The Committee on Invalid Pensions recommended the follow- to service origin. The meaical referee of the Pension Office says -ing amendments: it is locomotor ataxia, and that it is not of service origin. Now, In line 6 strike out the words "of Kalamazoo, Mich." there is the difference. Doctors differ, they say, and in this case In line 8, after the word '' Oa valry,'' insert "aud pay him a pension." a very eminent specialist, who had large experience during our In line 8 strike out the word "fifty " and insert in lieu thereof the word war, differs very materially and radically with the medical referee "thirty." of the Pension Department. . The amendments were agreed to. This soldier, .Mr. Short, has been .helpless in his bed for several The bill as amended was ordered to be laid aside to be reported years, and to-night the 1·eport is that he has but a short time to the House with a favorable recommendation. longer to live. The expense of his illness has been borne by a pa­ CHARLES C. SHORT. triotic family. The father and three brothers were in the service, The next business on the Private Calendar was the bill (H. R. and the expense of the long illness of this first brother, who has 4116) to increase the pension of Charles C. Short, a soldier in the been helpless for so many years, has been borne by the brother late war, Company D, Twenty-first Regiment New York Volun­ next younger than he, who was also a good soldier and wears the teer Infantry, who is totally helpless from diseases contracted Gt·and Army button. while in the United States service. He has been to very great expense, employing doctors from vari· The bill was read, as follows: ous p:uts of the State and having a trained nurse in attendance almostcontinously, mortgagingall of his property, even his house­ Be it enacted, etc., That Charles C. Short, late a private in Company D, Twenty-first Regiment New York State Volunteer Infantry, who is now re­ hold goods. Now, I propose this amendment, in order that he ceiving a pension of $12 a month, under the provisions of the act of June 27, may receive the additional $18 a month, not from the day this act 1890, and who filed an application under the general law prior to the ·passage passes, for the soldier may be dead within a month after it passes, of said act, and who, at the time of filin~ such application under the general law, was, ever since has been, and ·now lS, totally helpless and disabled, re­ but that it may go back to June 25, 1890 the time when he made quiring the aid, assi ·tance, and attendance of another person at all times, application for this pension; that the additional S18 may be paid shall receive in lieu of all pensions now paid him by the Government of the from that time until the time that this act takes effect. United States tho sum of ::;72 per month, which sum shall be paid him in the same manner as pensions are now paid to such persons. It will make a difference of only $1,684. Now, when gentlemen SEa. 2. That th~ pensioner whose pension shall be increased by this act from consider that this soldier is entitled to from .30 to 872 a month $12 p er month to $72 _per month shall be paid the difference between said from 1890, if this disease had its origin in the service, I think we sums monthly from June 25, 1890, to the time of the taking effect of this act. SEc. 3. That this act shall take effect immediately, and the Commissioner can be fair and give him $18 a month additional when such an f)l Pen.sions is directed to prepare a certificate in accordance therewith. eminent specialist as Dr. Hammond says hi5; disability did have l898. CONGRESSIONAL RECORD-HOUSE. 2515

------~--~--~~------.------~1 its origin in tl1e service, and the medical referee is the only one claimant on that question. I sat up one night, with able help, 1·epresenting the Government to contradict him. and examined the papers in this case carefully until about 1 Mr. DRIGGS. Mr. Chairman, at the time this matter was con­ o'clock. I wanted to understand all about the ca-se. Here were sidered before the Invalid Pensions Committee I was very much two of my colleagues from the State of New York pressing this interested in the case, and while I have not written the report. or case. It had been examined thoroughly at tho Bureau and on ap- had very little, if anything, to do with the writing of it, I myself peal, and it was urged that error had been committed. 1 looked over the papers most carefully with our expert from the Here was Mr. Short pressing the claim, and other friends from Pension Department to see if this man was not entitled to 872 a Buffalo and other men from my State pressing this matter; and 1 month. it was referred to a subcommittee. That subcommittee came After going over the evidence, I found that Dr. Hammond had very near reporting adversely, upon the ground I have stated; made the statement which has been read by the gentleman on the but upon a full and careful consideration, acting consistently, as other side [Mr. ALEXANDER]; but, at the same time, when Dr. we believed, acting justly, as we believed, doing as near right as ' Hammond was examined later, he so contradicted himself in his possible, as we believed, acting in accordance with what we have statement that it appeared to me as though he were somewhat done in other cases, we decided to give this man an increase to 1 mixed, and that was the only medical evidence in the case that I 830 per month; and that is all that our conscience and judgment could find to show that this disability had in any way come from would permit. service origin. Now, one word about arrears of pension, and I will say no more. I Now, talking about arrearage.'3 of pensions, while I have been It never has been the policy of this House or of the Committee on on this committee I have not seen one case where arrears of pen­ Invalid Pensions to grant arrears of pension. Open the door to sion have been granted. They talk about 81,600 being a small that kind of action and where would you be? Open the door to sum, but that would mean a pension at 812 a month for eleven that kind of action in this case, and what ought we to do in these -years to some poor old deserving soldier who is just as much en­ other cases where we have said that pensioners ought to have been titled to a pension as this man, who fought just as hard and just granted an increase a long time ago? 1 as valiantly for his country, and whose disability had just as much It would be necessary for us to go back and grant arrears in the to do with service origin as this. I am in favor of giving that 75, aye, 100 cases already pa-ssed by this committee; and it would one old soldier $12 a month for the next eleven years rather than be our duty in reporting bills from the Committee on Invalid Pen- i to -give this man 51,680 now, when it is not clearly demonstrated sions hereafter to grant arrears of pension from the date that we ' to my mind, after going over the evidence, that he is entitled to think the Bureau of Pensions ought to have granted a pension or more than what the committee have granted to him. [Cries of an increase. You see where such action will lead. You see how "Vote!" "Vote!"] unwise it would be, how inconsistent; and therefore I hope, gen- . Mr. MAHANY. Mr. Chairman, I wish to mako a brief state­ tlemen, you will approve the action of the committee, for certainly ment, and the point I desire to emphasize is that if Congress were with three men on that committee from the State of New York, to grant the whole $72 a month to this soldier, it would not be in where this man resides, you can not accuse us of having any feel­ the nature of substantial relief or consistent with adequate jus­ ing against this old soldier. He did not incur this disability in the tice. The man is now at the point of death. If you were to service. · grant the full amount of $72 a month, it is not at all certain that He has a disability, a small one, that he did incur in the service. be would ever draw a single payment of that sum. His only hope I wish I could do my duty and support this amendment; I wish, is i:be passage of the amendment offered by my colleague [Mr. in the hundreds of instances that come before us, I could do my .ALEXANDER]. duty to my country and to the old soldier both and grant much This will enable the dying veteran to pay a portion at least of larger increases; but I have tried to act, as every member of that the doctors' bills he has contracted and obtain some assurance of committee has tried to act, consistently, conservatively, and in medical care in the future. such a manner as we believe this House and the whole country Let me dwell upon another fact. The claimant, prior to his will approve. fCries of ''Vote! "J enlistment in the service, was a man of great physical strength. The CHAIRMAN. The quest10n is on agreeing to the amend­ From the time bf his enlistment to the present day there has been ment to the committee amendment. ·a constant progression in his malady to the point of total disabiJ, The question was taken; and the amendment to the amendment ity. The character of his people, too, vouches for the justice of was rejected. his·claim. No nrore patriotic family Jived in the city of Buffalo The CHAIRMAN. The question recurs upon the adoption of aii the outbreak of the war. the amendment recommended by the committee. The father oi the soldier and three sons served in that struggle. Mr. ALEXANDER. Mr. Chairman. I now offer an amend­ Now, a .family that can show a record like that, and have not ment. In line t! of the bill strike out the word" twenty" and in­ been applicants for pensions, have not asked for relief from their sert ''forty" in its place; making it read '' $40 a month" instead "'Go'Vernment, certainly are the kind of people who ought to be of '' $30 a month." treated \vith consideration in a case like the present, when it is That was the amount that was fixed by the subcommittee, and ·remembered that this soldier bas, since 1890, been absolutely and I appeal to the gentlemen here that the facts in this case warrant 'totally disabled, powerless to lift a single morsel of food to his an increase of from 830 to ·$40, as given by the subcommittee. mouth, helpless to perform the slightest service for himself; and l\Ir. RAY of New York. In all fairness, Mr. Chairman, I ought so the $1,600 of arrearage is simply in the nature of giving him an to move now that the committee rise and report these bills. I opportunity to pay the doctors' bills already contracted and to think that is my duty. This would be unfinished blisiness one _smooth in some degree, if possible, the short months of life before week 'from to-night. lb:im. Mr. MAHANY. I appeal to the gentleman. The brother of Mr. RAY of New Yor;k. Mr. Chairman,[ desire to say two or this soldier, Mr. Levi E. Short, has been here three weeks waiting three words. I want the Committee of the Whole to understand the event of this matter. I will ask the chairman of the commit­ w'bat they a'I'e doing when we vote; and I am anxious to dispose tee if it is not this judgment that Charles C. Short has but a little of this bill so that I ln!ly tnb-Ve that the committee rise and pro­ time to live, if, indeed, he has a single month to live. The amend­ ceed with the final passage of these bills in the House. ment, too. is recommended by the committee, is it not? Now, Charles C. Short, this claimant, is in a most pitiable con­ The CH.AlRMAN. The question is on the amendment offered dition; there is 'no doubt about that. He :is suffering from loco­ by the gentleman from New York [Mr. ALEXANDER]. motor ataxia; there is .no ·doubt about that. He is thm·oughly The question was taken; and on a division (demanded by Mr. helpless, and there is no doubt about that. He served six months ALEXANDER) there were-18 ayes, and 29 noes. in the Army and contracted rheumatism in the Al'my; and thm·e So the amendment was rejected. is no doubt about these facts. ·The amendment recommended by thecommittee was then agreed L ocomotor ataxia is not the rresult of his army service, and phy­ to. · sicians can not make it out to b e so; and medical writers and The bill was laid aside to be reported with a favorable recom­ ·.physicians, with ~ one or two exceptions, agree that that is true. mendation to the House. The fact is tnat locomotor ataria and Theumatism are antago- Mr. RAY of New York. Mr. Chairman, I now move that the ' --nistic to each other; the one, locomotor ataxia, never grows out committee rise and report to the House the several bills which of the other. Now, when Mr. Short came out of theArmyhehad have been laid a-side with a favorable recommendation. rheumatism. "Sqmetimes .in the earlier stages of locomotor ataxia 'rhe motion was agreed to. it is mistaken for rheum~tis m, but if that mistake is made, very - The committee accordingly rose; and l\Ir. HEPBURN having -soon it is demonstrated by the progress of the disease that it was resumed the chair as Speaker pro tempore, 1\ir. CoNNOLLY, Chair­ a mistake in -the ·diagnosis. man of the Committee of the Whole Honse, reported that that These things did not occur here. Locomotor ataxia did not de­ committee had had under consideration divers bills and had di­ velop until twenty or more years after this man came out of the rected him to report the same back to the House, some with amend­ ·service. '!'his .case has been considered thoroughly at the Bureau ments and -some without amendments, and with the recommenda­ of Pensions, and it has gone a11 the way up on appeal to the lnte- tions that the same do pass. -•rior DepartmE\v.t. and the authorities there decided against the The following bills, reported from the Committee of the Whole 2516 CONGRESSIONAL RECORD-HOUSE. MARon 4,

without amendment and with the recommendation that the same He also, from the same committee, to which was referred the do pass, were severally considered and the House bills ordered to bill of the House (H. R. 2768) for the relief of George Peyton from be engrossed and read a third time; and the Senate bills ordered the charge of desertion and to grant him an honm·able discharge to a third reading, were read the third time, and passed. And on reported the same with amendment, accompanied by a report motion of ?rlr. RAY of New York, a motion to reconsider the vote (No. 630); which said bill and report were referred to the Private by which each bill was passed was ordered to lie on the table: Calendar. A bill (H. R. 5067) to increase the pension of Franklin Hull; He also, from the same committee, to which was referred the A bill (S. 619) to increase the pension of William N. Wells; bill of the House (H. R. 4041) removing the charge of desertion • A bill (S. 2363) granting a pension to Annie Fowler; from the record of W. H. Sherwood, Comp::my F, Thirteenth Ohio A bill (H. R. 753ti) granting a pension to Jane A. Wilkinson; Cavalry, reported the same with amendment, accompanied by a A bill (H. R. 2275) granting an increase of pension to Isaac B. report (No. 631); which said bill and repo1·t were refened to the Vail; Private Calendar. . A bill (H. R. 290) to increase the pension of William H. Webster; Mr. JETT, from the Committee on Military Affairs, to which A bill (H. R. 1046) to correct the military record of James P. was referred the bill of the House (H. R. 3990) to remove the McGee; charge of desertion from the record of John R. Butler, reported A bill (S. 666) gr.anting an increase of pension to William H. the.same .wit~out amendment, accompanied by a report (No. 632); Morgan; which said bill and report were referred to the Private Calendar. A bill (H. R. 1928) for the relief of William Stephenson Smith; Mr. SOUTHARD, from the Committee on Naval Affairs, to A bill (H. R. 4953) to grant an honorable discharge to T. J. which was referred the bill of the House (H. R. 4418) to remove Murphy. the charge of desertion from the naval record of Horace G. Reed, A bill (S. 1983) granting an increase of pension to Esther reported the same with amendment, accompanied by a report Williams. (No. 633); which said bill and report were referred to the Private A bill (S. 649) to grant a pension to Emeline C. Sewell, widow Calendar. of Chief Engineer George Sewell, United States Navy. A bill (H. R. 6931) granting a pension to James B. Rawlins. A bill (S. 2258) g1·::mting a pension to Joshua Parker. PUBLIC BILLS, RESOLUTIONS, AND MEMORIALS A bill (H. R. 2198) granting an increase of pension to Joseph P. INTRODUCED. Harmon, late private in Company K, Fifth Maine Volunteers, Under clause 3 of Rule XXII, bills, resolutions, and memorials and Company B, Seventh Maine Volunteers. of the following titles were introduced and seve1·ally referred as The following bills, reported from the Committee of the Whole follows: with amendments. and with the recommendation that as amended By Mr. COCHRANE of New York: A· bill (H. R. 8847) for the they do pass, were severally considered, the amfndments recom­ erection of a public building at Hudson, N. Y.-to the Committee mended by t.he committee agreed to, the bills as amended ordered on Public Buildings and Grounds. to be engrossed and read a third time, and on motion of Mr. RA. Y By Mr. FERGUSSON: A bill (H. R. 8848) toamenda.n ad enti­ of New York, a motion to reconsider the vote by which the bills tled "An act to establish a court of private land claims and to severally passed was laid on the table: provide for the settlement of private land claims in certain States A bill (H. R. 1034) granting a pension to William H. Byrum; and Territories "-to the Committee on Private Land Claims. A bill (H. R. 907) g1·anting a pension to Emily J. Miller, blind By Mr. BOTKIN (by request): A bill (H. R. 8849) to provide and helpless child of Robert B. Miller, deceased, late of Company homes for ex-slaves of the United States, and for the proper ad· C, One hundred and ninth New York Volunteer Infantry; justment of all moneys and just claims against the Government A bill (H. R. 368) for t.he relief of Charlotte L. Walker; belonging individually or collectively to the colored race-to the A bill (H. R. 3915) granting a pension to Delia Elizabeth Wood­ Committee on the Public Lands. . ward (title amended); By Mr. JOHNSON of North Dakota: A bill (H. R. 8867) to A bill (H. R. 713) to correct the naval record of Charles F. regulate the sale of into:ricatmg liquors in the District of Colum­ Brown; bia-to the Committee on the District of Columbia. A biU (H. R. 4247) to pension the widow of Gen. William J. By :M:r. ROBBINS: A bill tH. R. 8869) to provide for more rigid Landram (title amended); and inspection of immigrants and to enforce existing laws relating A bill (H. R. 5006) to increase the -pension of Edward Starr. thereto-to the Committee on Iinmigration and Naturalization. The SPEAKER pro tempore. The hour of 10 o'clock and 30 By Mr. WHITE of North Carolina: :A joint resolution (H. Res. minutes p. m. having arrived, the House, under the operation of 171) for the relief of Mrs. Baker-to the Committee on the Post­ the rule and its previous order, stands adjourned until Monday Office and Post-Roads. at 12 o'clock noon. By Mr. SIMPKINS of Massachusetts: A memorial of the Massa· chusetts legislature, for the protection of the insignia of the Red REPORTS OF COM])fiTTEES ON PUBLIC BILLS. Cross-to the Committee on Foreign Affairs. By Mr. FITZGERALD: A memorial of the Massachusetts leg· Under clause 2 of Rule XIII, Mr. DAVEY, from the Committee islature, for the protection of the insignia of the Red Cross-to on Interstate and Foreign Commerce, to which was referred the the Committee on Foreign Affairs. bill of the House (H. R. 5865) to authorize the Monroe- Railway Construction Company to construct a bridge across Red River, at or near Grand Ecore, La., reported the same with amendment, ac­ PRIVATE BILLS AND RESOLUTIONS INTRODUCED. companied by a report (No. 634); which said bill and report were referred to the House Calendar. Under clause 1 of Rule XXII, private bills and resolutions of the following titles were introduced and severally referred as fol­ lows: REPORTS OF COMMITTEES ON PRIVATE BILLS AND By 1th. BARBER: A bill (H. R. 8850) for the relief of Willia~ RESOLUTIONS. W. Quinn-to the Committee on War Claims. Under clause 2 of Rule Xill, private bills and I'esolutions of the By .Mr. BOTKIN: A bill (H. R. 8851) for the relief of Henry J. following titles were severally reported from committees, deliv­ Cain-to the Committee on Military Affairs. ered to the Clerk, and referred to the Committee of the Whole By Mr. BROMWELL: A bill (H. R. 8852) increasing pension of · House, as follows: Charles W. Dietrich-to the Committee on Invalid Pensions. Mr. WARNER, from the Committee on Invalid Pensions, to By Mr. EVANS: A bill (H. R. 8853) for the relief of Hamilton which was referred the bill of the House (H. R. 6515) granting a T. Figg-to the Committee on War Claims. pension to Grace Gudgel, reported the same with amendment, By Mr. FENTON: A bill (H. R. 8854) to correct the military accompanied by a report (No. 627); which said bill and report r ecord of William Hazelbeck, of Portsmouth, Ohio-to the Com­ were referred to the Private Calendar. mittee on Military Affairs. Mr. McDONALD, from the Committee on Military A.ffahs, to By .Mr. HEPBURN: A bill (H. R. 8855) for the relief of Henry which was referred the bill of the House (H. R. 6098) to correct H. Wright-to the Committee on Military AffairS'. the military record of N . Ward Cady, late major Second Mounted Also, a bill (H. R. 8856) granting a pellilion to Mary Douglass­ Rifles, New York Volunteers, and to grant him an honorable dis­ to the Committee on Invalid Pensions. charge, reported the same with amendment, accompanied by a By Mr. LANDIS: A bill (H. R. 8857) granting a pension to report (No. 628); which said bill and report were referred to the William D. Sanders-to the Committee on Invalid Pensions. Private Calendar. By Mr. LITTAUER: A bill (H. R. 8858) granting a pension to l\Ir. BROWNLOW, from the Committee on Military Affairs, to Caroline M. H. Searing-to the Committee on Invalid PensiOns. which was referred the bill of the House (H. R. 5113) to remove By Mr. OVERSTREET: A bill (H. R. 8859) to increase the pen· the charge of desertion from and to correct the military record of sion of John l\L Garrett-to the Committee on Invalid Pensions. Capt. William Churchill, late a private of Company K, Second By Mr. PUGH: A bill (H. R. 8860) for the relief of J. E. Dickey­ Regiment of United States Cavalry, reported the same with amend­ to the Committee on Invalid Pensions. ment, accompanied by a report (No. 629); which said bill and Also, a bill (H. R. 8861) granting an increase of pension to report were referred to the Private Calendar. George H. Givens-to the Committee on PensiOns. 1898.~ CONGRESS! ON AL RECORD-HOUSE. 2517

Also, a bill (H. R. 8862) granting an increase of pension to Jor­ Endeavor Society of the Baptist Church of Warner, N.H., pray· dan Thomas-to the Committee on Pensions. ing for the enactment of legislation to protect State anti-cigarette Also, a bill (H. R. 8863) removing charge of desertion from the laws by providing that cigarettes imported in original packages on military record of William G. Gardner-to the Committee on entering any State shall become subject to its laws-to the Com­ Military Affairs. - mittee on Interstate and Foreign Commerce. By Mr. SHOWALTER: A bill (H. R. 8864) for the relief of W. B. By Mr. COOPER of Texas: Petition of the First Christian Horner-to the Committee on War Claims. Church, of Palestine, Tex., for the passage of a bill to substitute By Mr. SNOVER: A bill (H. R. 8865) granting a pension to . voluntary industrial arbitration for railway strikes-to the Com­ Matilda M. Hennesy-to the Committee on Invali_d Pensions. mittee on Labor. By Mr. CHARLES W. STONE: A bill (H. R. 8866) to remove Also, petitions of the First Christian Church, of Palestine, and the charge of desertion against Volney 0. Carter-to the Commit­ Woman's Christian Temperance Union of Marshall, Tex., urging tee on Military Affairs. the passage of a bill to prohibit the sale of liquors in Government By Mr. JONES of Virginia: A bill (H. R. 8868) for the relief of buildings-to the Committee on Public Buildings and Grounds. the trustees of Abingdon Protestant Episcopal Church, of Glou­ Also, petitions of the First Christian Church, of Palestine, and cester County, Va.-to the Committee on War Claims. Woman's Christian Temperance Union of Marshall, Tex., favor­ By Mr. LACEY: A bill (H. R. 8870) to increase the pension of ing the passage of a Sabbath law for the national capital-to the Elizabeth N. Norton-to the Committee on Invalid Pensions. Committee on the District of Columbia. Also, petitions of the First Christian Church, of Palestine, and Woman's Christian Temperance Union of Marshall, Tex., pray­ PETITIONS, ETC. ing for the enactment of legi'3lation prohibiting the interstate Under clause 1 of Rule XXII, the following petitions and papers transmission of newspaper descriptions of prize fights, etc.-to were laid on the Clerk's desk and referred as follows: the Committee on Interstate and Foreign Commerce. By Mr. BAKER of Maryland: Petition of citizens of Sparrows Also, petitions of First Christian Church, of Palestine, and Point, Baltimore County, Md., praying for the enactment of leg- Woman s Christian Temperance Union of Marshall, Tex., praying islation which will more effectually restl'ict immigration and pre- for the enactment of legislation raising the age of protection for vent the admission of illiterate, criminal, and pauper classes to girls to·18 years in the District of Golumbia. and the Territories­ the United States-to the Committee on Immigration and Nat- to the Committee on the District of Columbia. uralization. Also, petitions of First Christian Church, of Palestine, and By 1\Ir. BARBER: Petition to accompany House bill for the Woman's Christian Temperance Union of Marshall, Tex., praying relief of William W. Quinn, of Pocomoke City, Md.-to the Com- for the enactment of legislation prohibiting k:inetoscope reproduc­ mittee on War Claims. tions of prize fight-s in the District of Columbia and the Terri- Also, petitions of the Woman's Christian Temperance unions of tories-to the Committee on Interstate and Foreign Commerce. Pocomoke City and Salisbury, Md., praying for the enactment of Also, petitions of First Christian Church, of Palestine, and legislation to protect State anti-cigarette laws by providing that Woman's Christian Temperance Union of Marshall, Tex., for the cigarettes imported in original packages on entering any State passage of a bill for the appointment of a commission to investi­ shall become subject to its laws-to the Committee on Interstate gate the problems of capital and labor-to the Committee on and Forejgn Commerce. Labor. By Mr. BARHAM: Petition of the Woman's Christian Temper- Also, petitions of First Christian Church, of Palestine, and ance Union of Manchester, Cal., praying for the enactment of Woman's Christian Temperance Union of Marshall, Tex., praying legislation to protect State anti-cigarette laws by providing fortheenactmentoflegislationprohibitinginterstate gamblingby that cigarettes imported in original packages on entering any telegraph, telephone, or otherwise-to the Committee on Interstate State shall become subject to its laws-to the Committee on the and Foreign Commerce. Judiciary. Also, petition of First Christian Church, of Palestine, Tex., for By Mr. BARTLETT: Resolution of the Board of Trade of Sa- the passage of a bill to abolish divorce in the District of Colum­ vannah, Ga., in favor of the passage of Senate bill No. 3354, to bia-to the Committee on the District of Columbia. regulate commerce-to the Committee on Interstate and Foreign Also, petition of First Christian Church, of Palestine, Tex., in Commerce. favor of the enactment of legislation which will more effectually By Mr. BINGHAM: Resolution of the Firemen's Association of restrict immigration and p1·event the admission of illiterate, pan­ Pennsylvania, remonsh'atin~ against the passage of Senate bill per, and c1iminal classes to the United States-to the Committee No. 27136, to establish a diviswn in the Treasury Department for on Immigration and Naturalization. the regulation of insurance-to the Committee on Interstate and Also, petitions of First Christian Church, of Palestine, and Foreign Commerce. Woman's Christian Temperance Union of Marshall, Tex., for the By Mr. BROMWELL: Resolution of the Order of Railway Con- enactment of legislation to protect ~tate anti-cigarette laws by ductors, Division No. 107, of Cincinnati, Ohio, in favor of legisla- providing that cigarettes imported in original packages on enter­ tion prohibiting tick~t scalping-to the Committee on Interstate ing any State shall become subject to its laws-to the Committee a:c.d Foreign Commerce. on Interstate _and Foreign Commerce. Also, petition of Eden Park Council, No. 51, Daughters of Amer- By Mr. DALZELL: Resolutions of conductors of Connellsville ica praying .for the enactment of legislation which will more Division, No. 357, Order of Rail way Conductors, of Connellsville, effectually restrict immigration and prevent the admission of Pa.. in favor of the passage of a bill to suppress ticket brokerage­ illiterate, criminal, and pauper classes to the United States-to to the Committee on Interstate and Foreign Commerce. the Committee on Immigration and N atur_alization. Also, resolutions of Wall Lodge, No. 439, Brotherhood of Rail- Also, resolution of Iron Molders' Union of Cincinnati, Ohio, in road Trainmen, in favor of the passage of Honse bills 7389 and favor of the passage of House bill No. 6092, relating to convict 6092andSenatebills 35and 95, known as the eight-hour bill, prison­ labor-to the Committee on Labor. labor bill, anti-injunction bill, and seamen's bill-to the Commit- By Mr. BULL: Petition of the Woman's Christian Temperance tee on Labor. Union of Providence, R.I., praying for the passage of a bill to By Mr. DINSMORE: Petition of H. G. Pearce and others, of prohibit the sale of intoxicating beverages in all Government Winslow, Ark., in favor of postal savings banks-to the Com- buildings-to the Committee on Public Buildings and Grounds. mittee on the Post-Office and Post-Roads. By Mr. CHICKERING: Petition of the Woman's Christian By Mr. ELLIS: Petition of members of Foundry Methodist Temperance Union of Lyon Falls, N.Y., in favor of the passage Episcopal Church, of Washington, D. C., for the passage of a bill of House bill No. 479, to prohibit the sale of liquors in the Capi- to prohibit the sale of liquors in Government buildings-to the to1, and for other purposes-to the Committee on Public Buildings Committee on Public Buildings and Grounds. and Grounds. Also, petition of the Society of Christian Endeavor of the Fifth Also, petition of the Woman's Christian Temperance Union of Congregational Church, Washington, D. C., to prohibit the sale Lyon Falls, N.Y., a-sking for the passage of a bill to raise the age of intoxicating beverages in all Government buildings-to the of protection to 18 years in the District of Columbia-to the Com- Committee on Public Buildings and Grounds. mittee on the District of Columbia. By Mr. FITZGERALD: Petition of the National Association Also, petition of the Woman's Christian Temperance Union of of Merchants and Travelers, of Chicago, Ill., and resolutions of Lyon Falls, N. Y., for the passage of a bill to forbid interstate the New England Division, No. 157, of Boston, Order of Railway ti·ansmission of lottery and other gambling matter by telegraph- Conductors, in favor of legislation prohibiting ticket scalping- to the Committee on Interstate and Foreign Commerce. to the Committee on Interstate and Foreign Commerce. Also, petitions of the Woman's Christian Temperance unions Also, resolutions adopted at a public meeting of citizens of Bos- o~ Lyon F~lls and TJ;leres~, .N.Y., favoring a bill p_roviding that j ton, M~ss., in oppo~itio~ to the Lodge immigration bill-to the mgarettes Imported m ongmal packages on entenng any State Committee on Immigration and Naturalization. shall become subject to its laws-to the Committee on Interstate Also, resolution of the Boston Associated Board of Trade in and Foreign Commerce. favor of the adoption of pneumatic tubes for the transmissio~ of By 1\Ir. CLARKE of New Hampshire: Petitions of the Woman's mail matter-to the Committee on the Post-Office and Post-Roads. Christian Temperance Union of Wilton, N.H., and the Christian Also, resolutions of the Nineteenth Army Corps Association, of 2518 rCONGRESSIONAL RECORD-HOUSE. MAROH4,

. the State of Massachusetts, in favor of granting medals of honor cigarettes imported in original packages on entering any State to the survivors of the " storming column of Port Hudson "-to shall become subject to its laws-to the Committee on Interstate the Committee on Military Affau·s. and Foreign Commerce. Also, petition of the Woman's Christian Temperance Union of By Mr. HOWELL: Petitions of citizens of Franklin and Oceanic South Boston, Mass., for the passage of a bill to forbid interstate City, N.J., protesting against the passage of Senate bill No. 2736, transmission of lottery and other gambling matter by telegraph­ to establish a division of the Treasury Department for the regula­ to the Committee on Interstate and Foreign Commerce. tion of insurance-to the Committee on Interstate and Foreign Also, petition of the Woman's Christian Temperance Union of Commerce. South Boston, Mass., praying for the enactment of legislation By 1\Ir. JONES of Virginia (byrequest): Three petitions of citi­ prohibiting the interstate transmission of newspaper descriptions zens of Accomac County, Va., in favor of the enactment of legis­ of prize fights, etc.-to the Committee on Interstate and Foreign lation which will more effectually restrict immigration and pre­ Commerce, vent the admission of illiterate, pauper, and criminal classes to the Also, petition of the Woman's Christian Temperance Union of United States-to the Committee on Immigration and N aturaliza­ South Boston, Mass., praying for the enactment of legislation to tion. substitute voluntary arbitration for railway strikes-to the Com­ By 1\Ir. KULP: Resolution of Sunbury Division, No. 187 Order mittee on Labor. of Railway Conductors, of Sunbury, Pa., in favor of legislation Also, petition of the Woman~s Clu·istian Temperance Union of prohibiting ticket scalping-to the Committee on Interstate and South Boston, Mass., praying for the enactment of legislation pro­ Foreign Commerce. hibiting in the District of Columbia and the Territories kineto­ .Also, resolution of the Firemen s Association of Pennsylvania, scope reproductions of pugilistic encounters and also the inter­ against the passage of Senate bill No. 2736, establishing a division state transportation of materials of the same-to the Committee in the Treasury Department for the regulation of insurance among on the District of Columbia. the several States-to the Committee on Interstate and Foreign Also, petition of t.he Woman's Christian Temperance Union of Commerce. South Boston, Mass., asking for the passage of a bill to forbid the By Mr. I.1AMB: Petitions of R. D. Tutwiler, S. B. Wilt, B. F. sale of intoxicating beverages in all Government buildings-to Howard. C. B. Dodson, M. J. Strands, P. A. McCarty, H. M. the Committee on Public Buildings and Grounds. Smith, F. H . Cunningham, and other citizens of the State of Vir­ Also, petition of the Woman's Christian Temperance Union of ginia, protesting against the passage of the so-called anti-scalpers South Boston, Mass., for the enactment of legislation to protect bill-to the Committee on Interstate and Foreign Commerce. State anti-cigarette laws by providing that c1garettes imported in By Mr. LITTAUER: Paper to accompany House bill granting a original packages on entering any State shall become subject to its pension to Caroline M. H. Searing-to the Committee on Invalid laws-to the Committee on Interstate and Foreign Commerce. Pensions. Also, petition of the Woman's Christian Temperance Union of By 1\{r. LITTLE: Petition of members of Cross Mountain min­ South Boston, Mass., for the passage of a bill to further protect ing district of Arkansas, praying for certain legislation specified the first day of the week in the District of Columbia-to the Com­ therein-to the Committee on .Mines and Mining. mittee on the District of Columbia. By Mr. LLOYD: Petition of citizens of Hanniba.I, Mo., asking Also, petition of the Woman s Christian Temperance Union of for the pass:tge of House bill No. 6703, which prevents the adultera­ South Boston, 1\Iass., praying for the enactment of legislation rais­ tion of wheat flour-to the Committee on Ways and Means: ing the age of protection for girls to 18 years in the District of By Mr. McALEER: Protest of the Firemen's As ociation of Columbia and the Territories-to the Committee on the District Pennsylvania against the passage of Senate bill No. 2 36, in I'e1a­ of Columbia. tion to the regulation of insw·ance, and for other purposes-to the Also, petition of the Massachusetts State Grange, Pati·ons of Committee on Interstate and Forejgn Commerce. Husbandry, relating to the status and powers of the Interstate . By Mr. MOON: Papers to accompany House bill No. 4284, for Commerce Commission-to the Committee on Interstate and For­ the relief of John V. BTown-to the Committee on lllili tary Affairs. eign Commerce. By 1\Ir. NEWLANDS: Petition and papers in support of House Also, petition of the Chamber of Commerce of Boston, Mass. bill for the relief of Col. J. B. Moore-to the Committee on Pen­ in favor of House bill No. 7130 and Senate bill No. 1575, relating sions. to ticket brokerage-to the Committee on Interstate and Foreign By Mr. OLMSTED: Petition of citizens of Middletown, Pa., in Commerce. favor of the enactment of legislation which will more effectually By Mr. GRIFFIN: Resolution of Company M, Third Infantry restrict immigration and prevent the admission of illiterate, Wisconsin National Guard, asking that the annual appropriation pauper, and criminal classes to the United States-to the Com­ for that organization be made not less than $1,000,000-to the mittee on Immigration and Naturalization. Committee on the Militia. By Mr. OTJI'JN: Resolutions of Milwaukee Lodge, No.3, Amal­ Also, petitions of West Side Wom an~s Christian Temperance gamated Association of Iron and Steel Workers, favoring the pas­ Union, pastors of churches, and citizens of Eau Claire, Wis., sage of Senate bills Nos. 33 and 95, known as the anti-injunction praying for the enactment of legislation to protect State anti­ bill and the seaman's bill-to the Committee on the Judiciary. cigarette laws by providing that cigarettes imported in original By Mr. OVERSTREET: Papers to accompany House bill to packages on entering any State shall become subject to its laws­ increase the pension of John M. Garrett, of Indianapolis, Ind.­ to the Committee on the Judiciary. to the Committee on Invalid Pensions. By 1\Ir. HENDERSON: Resolutions of Julian Division,No.347, By Mr. PRINCE: Petitions of Mrs. J. L. Clark and 85 citizens Order of Railway Conductors, of Dubuque, Iowa, in favor of of New Windsor; .1\Iiss Mary Hanna and 35 others of Coal Valley, House bill No. 7130, prohibiting ticket scalping-to the Committee Ill.; Milford Tidball and 40 others, P. C. Simmons and 31 others, on Interstate and Foreign Commerce. Arthur Deitrich and 35 others, H. M. Kniberg, W. G. Hay, and By Mr. HENRY of Connecticut: Petitions of the Woman's 32 others, Carl Hemb erg and 80 others, all citizens of Moline, TIL, Christian Temperance Union and Mohegan Lodge of Good Tem­ in favor of the passage of House bill No. 479, to prohibit the sale plars, of Abington, Conn., favoring the enactment of legislation of liquors in the Capitol, and for other purposes-to the Com­ to protect State anti-cigarette laws by providing that cigarettes mittee on Public Buildings and Grounds. imported in original packages on entering any State shall become By 1\Ir. RAY of New York: Petition of the Woman's Clu·istian subject to its laws-to the Committee on Interstate and Foreign Temp9l·ance Union of Henderson, N. Y., praying for the enactment Commerce. of legislation to protect State anti-cigarette laws by providing that Also. petitions of the Woman's Christian Temperance Union cigarettes imported in Dl'iginal pac;Jrages on entering any State and Mohegan Lodge of Good Templars, of Abington, Conn., urg­ shall become subject to its laws-to the Committee on Interstate ing the passage of a bill to prohibit the sale of liquors in Gov­ and Foreign Commerce. ernment buildings-to the Committee on Public Buildings and Also, petition of Clara M. Sellrreg, of the Woman's Christian Grounds. Temperance Union of Ithaca, N.Y., to prohibit the sale of intoxi­ Also, petition of the Woman's Christian Temperance Union of cating beverages in all G6vernment buildings-to the Committee Abington, Conn.~ praying for the enactment of legislation pr

Fl·ance, in favor of the adoption of the metric system of weights joint resolution to postpone the opening of the Uncompahgre In4 and m easures by the United States-to the Committee on Coinage, dian Reservation, in the State of Utah, etc.; which, with the accom4 Weights, and MeasuTes. panying papers, was refelTed to the Committee on Indian Affairs, By Mr. STURTEVANT: Resolutions of :Meadville Division, and ordered -to be printed. . No. 32, Order of Railway Conductors, of M.eadville, .Pa., in favor OVERHEAD WIRES ON FOURTEENTH STREET. of the passage of the anti-scalping bill-to the Committee on Interstate and Foreign Commerce. The VICE-PRESIDENT laid before the Senate a communica­ By 1\lr. TERRY: Petition of the Woman's Christian Temper­ tion from the Commissioners of the District of Columbia, trans­ ance Union of Little Rock, Ark., in favor of legislation to protect mitting, in Tesponse to a resolution of the 25th ultimo. certain State anti·cigarette laws by providing that cigarettes imported in information as to the authority of law under which telegraph original packages on entering any State shall become subject to poles carrying oveThead wires have been e1·ected on Fourteenth its laws-to the Committee on Interstate and Foreign Commerce. street, in the city of Washington; which, with the accompanying By Mr. 'VEY.MOUTH: Petitions of Albert Grater, I. E. Jack­ papers, was r eferred to the Committee on the District of Colum4 son, Octavia M. Barker, W . F . Tilson, \V. D. Smith, and other bia, and mdered to be printed. citizens of 1\farlboro, 1\Iass., asking for the enactment of legisla­ ELLIS ISLA.i'n> I!llriGRANT STATION, tion which will more effectually restrict immigration-to the The VICE-PRESIDEN T laid before the Senate a communica­ Committee on Immigration and Naturalization. tion from the Secretary of the Treasury, transmitting a letter By Mr. WILBER (by request): Petitions of the Methodist con­ from the Supervising Architect of that Department, submitting a gregation of Amsterdam, N.Y., in favor of an anti-cigarette law; statement supplemental to the communication addressed to the