1140 CONGRESSIONAL RECORD-SENATE. MAY 19,

Mr. MASON. Does the Senator-- CHIEF ENGINEER IN THE NA. VY. M~ ..HOAR. ~et me finish my s~tement. ~ter this the pend­ P. A. Engineer Frank H. Eldridge, _to be a chief engineer in ing Jomt resolution becomes operativei or when 1t does, Spain can the Navy, from the 9th day of May, 1897, vice Chief Engineer search that vessel tO miles off the Flonda coast. Robert Potts, retired. Mr. MASON. Just one moment, if the Senator from Connecti­ cut will pardon me. Does not the Senator from Massachusetts know that the insurgents can not buy guns or ammunition and CONFIRMATIONS. sail from any port if ~he officers of this Government know it? Executive nominations confirmed by the Senate lrfay 18, 1897. Mr. HOAR. No, srr; I do not. . DISTRICT JUDGE. Mr. MASON . . Let me read to the Senator an extract which is William H. H. Clayton, of Arkansas, to be judge of the United simply an illustration of what is occmTing every day. It seems States court of the central district in the Indian Territory. to me the Senator ought to be aware of it: APPOINTMENT IN THE NAVY. Filibusters get away. John Hancock Merriam, a citizen of Minnesota to be an assist- Mr. HOAR. Yes. ant paymaster in the Navy. ' Mr. MASON- POSTMASTERS. The JoMS landed at the railroad wharf and took on two carloads of ma· terial. The Long also took on provisions and a cargo of dynamite, and then D. E. Peiper, to be postmaster at Fitzgerald, in the county of to evade suspicion loaded a small cargo of coal- Irwin and State of Georgia. This is from the morning paper- George D. Breed, to be postmaster at Chilton, in the county of The Jones had been under the eye of the officials for some time. Calumet and State of Wisconsin. This was in North Carolina. The Senator from North Carolina Hubert E .. Carpenter, to be postmaster at East Hampton, in the [Mr. PRITCHARD] knows from personal observation that our Gov­ county. of Middlesex and State of Connecticut. e!nment is engaged. every day in stopping the sending of muni­ Martin E. Stanger, to be postmaster at Downers Grove in the twns of war to the msurgents, and every day the Spaniards can county of Dupage and State of . ' buy such articles, and do enjoy privileges here which the in­ William H. Gilliam, to be postmaster at Vienna, in the county surgents can not enjoy. Does the Senator from Massachusetts of Johnson and State of Illinois. . deny it? . Mrs. Mary W. Morrow, to be postmaster at Abilene, in the Mr. HOAR. I do deny it most emphatically. If the United county of Taylor and State of Texas. · States stopped that vessel, it had something more than a load of J. Henry Norcross, to be postmaster at Medford, in the county arms or breadstuffs or anything else on board. It had men on of Middlesex and State of Massachusetts. board, which made it a military expedition. It was the soldier, Dexter Grose, to be postmaster at North Abington in the countv the recruit, going with the arms. of Plymouth and State of Massachusetts. ' ~ Mr. MASON. Could recruits go out of any harbor of our coast James C. Cooper, to be postmaster at Chester, in the county of to-day to fight for Spain in Cuba? Would our Government stop Hampden and State of Massachusetts. them? You know it would not. Any Spanish vessel can start to­ W. M. Moss, to be postmaster at Jackson, in the county of Madi­ day on our coast and recruit an army from our people. and onr son and State of Tennessee. officers and our Government would be silent. All we ask now He1·schel P. Kinsolving, to be postmaster at Malden in the sir, is that you shall give the insurgent the same show that yo~ county of Dunklin and State of Missouri. ' give the Spaniard. Orlando P. Robinson, to be postmaster at Ayer in the county Mr. HOAR. I am sorry to differ so much with my honorable of Middlesex and State of Massachusetts. ' ·· · friend. Spain can not under our laws recruit troops for her armies John H. Meyer, to be postmaster at Newport, in the county of here. We dismissed the British minh>ter for doing that long ago. Campbell and State of Kentucky. Mr. HAWLEY. Mr. President, I thank the Senator from Massa­ Alexander Barron, to be postmaster at Kirwin in the county of chusetts for correcting what I supposed was an error, but I find Phillips and StatB of Kansas. ' that I understood the question just as he does. I may have been Alpheus A. B. Cavaness, to be postmaster at Baldwin, in the unfortunate in expressing myself, however. county of Douglas and State of Kansas. As I said, I did not rise to make a. speech. I rise to protest Samuel M. Yost, to be postmaster at Staunton, in tho county of against the spirit of war, the light way of saying that nobody on Augusta and State of Virginia. earth darE's to touch our flag. The same people here will fre­ John M. Griffin, to be postmaster at Fredericksburg in the quently vote against completing our coast defenses or vote against county of Spottsylvania and State of Virginia. ' necessary increase of the Navy. Let us make ourselves fit for James T. Stephens, to be postmaster at Hickman, in the county war before we indulge in great talk about war. I remember what of Fulton and State of Kentucky. Jefferson said, that a distinguished love of peace combined with a John Marshall, to be postmaster at Bonneterre, in the county of defenseless condition is the surest possible invitation to insults. Saint Francois and State of Missouri. Mr. BURROWS. Mr. President-- James Lewis, to be postmaster at Canton, in the county of Mr. HOAR. Does the Senator from Michigan desire to proceed Lincoln and State of South Dakota. to· night? Owen S. Higgins, to be postmaster at Lebanon, in the county of Mr. BURROWS. I should like to take the floor to make some Warren and State of Ohio. observations em this matter. Mr. HOAR. With the Senator's leave, then, I will move that the Senate proceed to the consideration of executive business. . SENATE. Mr. BURROWS. I yield, and will take the floor to-morrow. WEDNESDAY, ]!lay 19, 1897. Mr. HOAR. I make that motion. The VICE-PRESIDENT. The Senator from Massachusetts Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. moves that the Senate proceed to the consideration of executive T~e Secretary proceed.ed to read the Journal of yesterday's pro­ business. ceedmgs, when, on motion of Mr. MITCHELL, and by unanimous The motion was a~reed to; and the Senate proceeded to the con­ consent, the fm·ther reading was dispensed with. sideration of executive business. After seventeen minutes spent AGREEMENT WITH CHOCTAW AND CHICKASAW INDIANS. in executive session the doors were reopened, and (at 4 o'clock The VICE-PRESIDENT laid before the Senate a communica­ and 32 minutes p. m.) the Senate adjourned until to-morrow, tion from the Secretary of the Interior, transmitting, in compli­ Wednesday, May 19, 1897, at 12 o'clock meridi&n. ance with the provisions contained in the sixteenth section of the Indian appropriation act of March 3, 1893, an agreemen~ between NOMIN.A.TIONS. the commissioners of the United States to negotiate with the Five Executive nominations received by the Senate May 18, 1897. Civilized Tribes and thecommissionerson thepartof the Choctaw and Chickasaw Indians concluded on the 23d day of A.pril, 1897, SOLICITOR OF INTERNAL REVENUE. together with a communication from the Commissioner of Indian George Morgan Thomas.4. of Kentucky, to be Solicitor of Inter­ A.ffair.s, sta;ting that, so far as is known to his office, this agree­ nal Revenue, vice Robert T. Hough, resigned. ment IS satisfactory to those persons having interests in the Choc­ CIRCUIT JUDGE. taw and qhicka~aw nations or wh? may be affected by the agree­ William W. M:lrrow, of Californja, to be United States circuit ment; which, w1th the accompanymg papers, was referred to the judge for the ninth judicial circuit, vice Joseph McKenna, re­ Committee on Indian Affairs, and ordered to be printed. signed. PROPOSED ADJOURNMENT OVER FROM THURSDAY. INDIAN AGENT. . Mr: HOAR. I move that wh~n the Senate adjourn to-molTOW Samuel G. Morse, of Port Angeles, Wash., to be agent for the 1t adJourn to meet on the followmg Monday. I make the motion Indians of the Neah Bay Agency in Washington, vice John C. nowm order that Senators may be able to make aiTangements for Keenan, resigned. Friday. -. -- . 1897. 00-NGR.ESSIONAL RECORD-SENATE. 1141

Mr. MILLS. I suggest the want of a quorum, Mr. President. ment of legislation restricting immigration; which were ordered The VICE-PRESIDENT. The roll will be called.- to lie on the table. The Secretary called the roll, and the following Senators an­ Mr. SEWELL presented the petition of WilliamS. Fay and 49 swered to their names: other citizens of Newark, N.J., and the petition of A. K. David­ son and-38 other citizens of Newark, N.J., praying for the en­ Allison, Davis, Krle, · Pettus, Baker, Deboe, Lmdsay, Platt, N.Y. actment of legislation for the more rigid restriction of immigra­ Bate, Fairbanks, Lodge, Pritchard, tion; which were ordered to lie on the table. Berry, Faulkner, McBride, Rawlins, Mr. TURPIE presented a petition of the Acme Milling Com­ Butler, Foraker, McEnery, Roach, Cannon, Gallinger, Martin, Sewell, p~y, of Indianapolis, Ind., praying that a reciprocity clause be Carter, Gear, Mills, Smith, inserted in the pending tariff bill; which was ordered to lie on the Chandler, Hanna, Mitchell, Stewart. table. Clark, Harris, Kans. Morgan, TVueys·p.ie, He also presented the petition of Rosengarten & Sons, of Phila­ Clay, Hawley~ Nelson, t. Cockrell, Heitfel

Congress. as introduced 1n the Senate Ma.y ll, 1897, a.ll being bills to amend a.n The bill (S. 415) for the relief of Anna W. Osborne was an- act entitled "An act to regulate commerce," a-pproved Februa-ry i, l887, said nounced as next in order on the Calendar, and was read, as follows: l,bills to be delivered to the Senate document room. DISTRICT PARK LIGHTING CONTRACTS. Be it enacted, etc., That the Secri:ltary of thi:l Treasury be, and heishereby authorized a.nd directed to pay to Anna. W. Osborne the sum of $600, ont ot1 Mr. FAULKNER submitted the following resolution; which any money in the Treasury not otherwise appropriated, the same being the amount of personal pyoperty belonging to her and to John W. Osborne, her ·was considered by unanimous consent, and agreed to: late husband.ofthe United Stares Army, destroyed b,.;r,fl.re at the destruction Resolved, That the Secretary of War be, a.nd he is hereby. dir~eted to of the post hospital at Fort Ripley, Minn., July 21, 1~0. ' inform the-Senate if it is true that the superintendent of pubho buildings ·and ground.~ has accepted bids for park lighting at the rate of $91Y..5t per Mr. COCKRELL. I should like to know why this claim was light and rejected bids at the rate of $10 per l:!ght per year; and if true, the not adjudicated by the War Department under the general author­ reasons for such action; and also to inf.orm the Senate if the contracts for ·such lighting have been completed. ity which it has to adjudicate all claims arising from loss by fire. We passed a number of years ago a general law for the very pur· C. B. BRYAN & CO. pose of keeping this class of claims out of the committees of The VICE-PRESIDENT. The morning business is closed, and Congress. .the Calendar is in order. The first bill on the Calendar will be Mr. PASCO. I do not know why the claim was not presented ·stated. to the Department under the general law. The bill came before The bill (S. 936) for the relief of C. B. Bryan & Co. was an­ the Committee on Claims and was carefully examined there. nounced as first in order on the Calendar, and the SAnate, as in The Senator from Missouri will find by the report, which is on Committee of the Whole, proceeded to its consideration. It pro­ file, that it is a meritorious case. I see no reason why the bill poses to pay to C. B. Bryan & Co., of Memphis, Tenn., $3,648.60, should not be passed. being for the value of a coal barge and 16,968 bushels of Pittsburg Mr. COCKRELL. But this is the question: A man has a just coal, as found by the Court of Claims. claim and we have p1:ovided a tribunal for the adjudication of it, The bill was reported to the Senate without amendment, ordered where it can be adjusted, and yet he comes to us and insists that to be engrossed for a third reading, read the third time, and passed. we shall pass a speciallaw. There is no use in passing a general law if Congress has to pass a special act for every littl~ case that TA.XATIO~ OF INDIAN LANDS HELD IN SEVERALTY. comes up, and a man can take his choice and come to Congress or Mr. PETTIGREW. The bill (S. 374) extending relief to Indian go before the Department. citizens, and for other purposes, was passed over the other day. Mr. PASCO. I do not remember the general law to which the I desire to have it called up at this time. It is under Rule VITI. Senator from Missouri calls attention. There being no objection, the Senate, as in Commitree of the Mr. COCKRELL. I have always understood that the Com­ Whole, proceeded to consider the bill, which was read, as follows: mittee on Claims and the Committee on Military Affairs refused to report favorably claims of citizens who had a remedy before B e i t enacted, etc., That the lands now allotted to or which ma.y be here· after allottoo to any Indians in severalty, under agreements a.lready made, the Departments and would not pursue that remedy. when such Indians, under the provisions of any existing law, have become or Mr. PASCO. This claim has been before Congress ever since shall become entitled to the benefits of and subject to the laws of any State., the days when Mr. Wilson was Vice-President. and no one has nnd when such lands shall be embraced in and as a part of any county or town organization, so as to enjoy fnll and e!{nal participation in the benefits ever before suggested that it camA under a general law. The of such local government, and when the Indians enjoy their equal privileges bill was reported unanimously by the Committee on Claims in as citizens, shall be subject to State and local assessment and taxation., the the last Congress and passed then, and I do not see any reason samo as any other lands similarly located in such State: Provided, however, why the same course sh not be pursued now. That nothing herein contained shall authorize the sale or incumbrance of a.ny such land on account of such assessment and taxation or in any manner inter­ Mr. NELSON. Mr. President-- fere with the trust in which such lands are held by the United States while Mr. COCKRELL. I object to the consideration of the bill such trust continues: And prolJided fu?·ther, That during the continuance of said trust said taxes so assessed and levied shall be paid from the Tri:lasnry until we can ascertain whether the Department has jurisdiction fied, after sufficient inqniry, that the as­ Senator the special information he desiJ.-es. sessment of the lands for taxation is a fair and reasonable one, and the taxes levied just and equitable, bothind pendently and in proportion to the valu­ Mr. COCKRELL. Certainly; I will withhold it untH the Sen· ation and taxation of lands in the same county, town or other municipal ator is heard. corporation: And provided further, That no moneys shah be so paid for road Mr.NELSON. I trusttheSenatorfromMissouri will withdraw or highway taxes, which, by the laws of the State, may be discharged by work, but the Indians owning such lands shall be reqmred to so discharge his objection. This is a very small claim. such taxes: .And pmvided further, That the Secretary of the Interior shall be Mr. COCKRELL. If the Senator will excuse me, it does not satisfied, and so certify, that the f>Ublic expenditure of such taxes is fairly make a bit of difference how small it is or how large it is. The prin· made to give the lan(ls of such Indians their just share of benefit. ciple involved is the question whether Congress shall waste its SEO. 2. That from and after the passage of this act there shall be paid an­ nnallv, from any moneys in the Treasury not otherwise appropriated, such time in considering little claims of individual citizens when by a sum as shall be necessary to pay such taxes so certified under section 1 of general law the executive branch of the Government has full power this act. to adjudicate and pay them. I insist that a citizen shall not have SEO. 3. That all agreements hereafter made for the purchase of the unal­ ,lotted lands in any Indian reservation shall provide a fund for the payment the right to come to Congress when we have provided another of taxes upon inalienable allotments in the manner provided by this act. tribunal. The bill was reported to the Senate without amendment, ordered Mr. NELSON. I am not aware of any general law under which to be engrossed for a third reading, and was read the third time. this claim can be adjudicated. Mr. COCKRELL. I simply desire to record my vote by placing Mr. COCKRELL. If the Senator will just let the bill be passed in the RECORD the statement that I am oppp3ed to the principle by, I will furnish him with a copy of the law. It was enacted 1 years ago. This is the first of these claims that I have seen here involved in this bill. in Congress for some time. There is no question about such a The bill was passed. law having been enacted. JAMES SDIS. Mr. PASCO. I wish to state that this lady, a widow, with two Mr. WALTHALL. Yesterday the bill (S. 937) for the relief of childl·en, has been before Congress ever since the Forty-seventh James Sims, of l\iarshall County, Miss., was passed over without Congress endeavoring to get the claim paid. The bill has been prejudice on the objection made by a Senator. That Senator tells reported favorably in both Houses, and yet she never has been me that after an examination of the bill he has no objection to its able to get the claim adjusted. It would have been very kind and passage. I ask the Senate to proceed to its consideration. fair for the Senator from .Missouri during all those years to ha-ve There being no objection, the Senate, as in Committee of the called our attention to this fact before, so that the poor woman Whole, proceeded to consider the bilL It proposes to pay $6,338 might have gotten her relief without waiting as many years as she to James Sims, of Marshall County, in the State of Mississippi, has in order to get it thr·ou~"h the action of Congress. He has for quartermaster and commissary stores furnished by him to the never before suggested that there was a general law which would 1Army of the United States in the years 1862 and 1863. cover the case. The bill was reported to the Se~ate without amendment, ordered There was no such suggestion made in the papers, and there ·to be engrossed for a third reading, read the third time, and passed. was no such suggestion before the committee. There was no such suggestion before the House of Representatives when a favorable ANNA. W. OSBORNE. report was made there. I hope that she will not be further de­ The VICE-PRESIDENT. The next bill on the Calendar will be layed, so far as the action of the Senate is concerned. It is a proceeded with. meritorious case. The attention of the committee was not called 1897. dONGRESSIONAt - RECORD-SENATE~ - 1143 to the fact that she could get relief under a. general law. I ask, Mr. HOAR. But the general law does not apply. Let me read 1 if the bill is to be passed over, that the report, which is brief, be this sentence from the report of the committee: printed as a part of my remarks. Before his death Osborne applied to the late. Vice-President Wilson, then a The VICE-PRESIDENT. Is there objection? The Chair hears Senator from Massachusetts, for aid in securing relief, and some letters writ­ will be ten by him,.:wknowledging the receipt of the papers, are before the commit­ none, "and the report printed. tee. Some of the papers sent to Senator Wilson were sub3equently lost ol' · The report is as follows: mislaid~ and among them a.n itemized statement of the lo<>ses, which, accord­ ing to tne recollection of the widow, was among them. This loss is supplied [Senate Report No. 78, Fifty-fifth Congress, first session.] by the widow, who has submitted a list of the losses as full and correct as April U, 1897. was po>sible after the lapse of so many years. Her statement is that this loss amounted to :3800. Mr. PASCO, from the Committee on Claims, submitted th~ following re­ JIOrli, to accompany S. 415. It seems to me that that makes an exception to the ordinary • The Committee on Claims, to whom was referred the bill (S. 415) for the case, because the Department can not waive the law for this pur­ 1re1ief of Anna W. Osborne, have examined the same and submit the follow­ in~ report thereon: pose. rhis claim was before the committee during the Fifty-fourth Congress, and the bill for its settlement was favorably reported and was passed by the The VICE-PRESIDENT. Is objection made to the present con­ 1Senate. sideration of the bill? This report was as follows: Mr. COCKRELL. The Senator does not seem to have read the [Senate Report No. 145!, Fifty-fourth Congress, second session.] report carefully. I have read every word in it. "This loss" of '"i'he Committee on Claims, to whom was referred the bill (S. 114) for the papers" is supplied by the widow, who has submitted a list of the ;relief of Anna w.. Osborne, have carefully coruddered the same, and submit losses as full and correct as was possible after the lapse of so many ~he following report thereon: · vears." "The claimant is the widow of John W. Osborne, who served for three years durin~ the late war as a member of Company E, Thirty-sixth Massa­ - Mr. HOAR. That is what I read. chusetts Vomnteers. He reenlisted soon after his discharge in June, 1800, Mr. COCKRELL. There is no controversy about the items of and was appointed as hospital steward and served as such until October 28, the account. I object to the present consideration of the bill. 1870, when he was accidentally ldlled at Fort Ripley, Minn., where he was on duty at the time.' _ The VICE-PRESIDENT. The Senator from Missouri objects, "About three months before his death the hospital buildin~ at the fort was and the bill will lie over. The next bill on the Calendar will be destroyed by fire, and Osborne and his family, who were 1ivmg in the build­ stat.ed. ing, lost all they had. It is stated that Osborne, instead of trying to save his property, exerted himself to rescue the patients and save the property of Mr. NELSON. What becomes of the Osborne bill? the Government. '.rhis statement is supported by some of the officers who The VICE-PRESIDENT. It lies over under objection. were on dut¥ at the post. Mr. PASCO. I understand that it goes over without prejudice, "B~>fore his death Osborne applied to the late Vice-President Wilson, then a Senator from Massachusetts for aid in securing relief, and some letters writ­ Mr. COCKRELL. I asked a while ago that it might go over ten by him, acknowledging the receipt of the papers, are before the commit­ without prejudice, and it was still insisted on and I had to object; tee. Some of the papers sent to Senator 'Vilson were subsequently lost or but if the Senator is willing to let it go over without prejudice, I mislaid and among them an itemized statement of the losses which, accord­ will withdraw my objection and let that course be taken. ing to th'e recollection of the widow, was among them. This lo.ss is supplied by the widow, who has submitted a list of the losses as full and correct as Mr. PASCO. If it doeg not go over without prejudice, I shall was possible after the lapse o! so many years. Her statement is that this ask that it be taken up notwithstanding the objection. loss amounted to $800. Mr. COCKRELL. I am perfectly willing to let it go over with­ "The death of her husband left the widow with three young children de­ Jlending upon her for support. She came to Congress with her claim during out prejudice. the first session of the l<...,orty-third Congress and asked for an appropriation The VICE-PRESIDENT. Th~ bill goes over without prejudice. of $600, and a bill s-iving her this relief was passed in the House of Represent­ atives, but no :wtlon was taken in the oenate. M.A.RTHA. A.. BAGWELL. "Since that time her claim has been frequently before the House and a. num­ be:r of favorable repnrts have been made by the committees which have con­ The bill (S. 1559) for the relief of Martha A. Bagwell, executrix sidered the case. f::;imilar bills have been introduced from time to time in of Sally Hardmond, deceased, was announced as next in order on -the Senate, but with no final results in any case. '' 'l'he claim seems to be me1'itorious, and the House committees, after care­ the Calendar. ful consideration and, it is to be presumed, on sufficient evidence, having fre­ 1\I.r. NELSON. I will inquire whether there 1s any general law quently recommended the sum of S600 as fair and just, the committee are covering that case? 1 would make the inquiry of the Senator from disposed to accept that amount as a proper recompense for the loss sustained, Without looking for further evidence than that contained in the record. Missouri. · "The committee therefore recommend that the bill do p:J.Ss." Mr. COCKRELL. The distinguished Senator from Massachu~ The present bill is in the same terms and has the sa.me purpose in view, setts [Mr. HOAR] introduced this bill, and he is presumed to know and the committee recommend that it do pass. all about it. He can answer if he desires. If not, and if the Sen­ Mr. HOAR. I should like to ask the Senator from Missouri, ator from Minnesota can show any valid reason why it should not before the bill is passed over, what is the general law to which he be passed, I would be very glad to hear it. I never object unless refers? I have some reason for objecting. Mr. COCKRELL. I have sent for a copy of it. There is a gen­ The VICE-PRESIDENT. Is there objection to the pre::~ent con­ eral law which authorizes the War Department to consider all sideration of the bill? ,these claims. We had an immense number of them pending here There being no objection, the Senate, as in Committee of the at one time. Whole, proceeded to consider the bill. It proposes to pay to Mr. HOAR. Will the Senator listen to me one moment? I Martha A. Bagwell, executrix of Sally Hardmond, deceased, ought not to have interposed when he was answering my question, $4,850, being the balance due said Sally Hardmond on account of but he has answered that he has sent for a copy of the general law. her personal services as a nurse in the Bureau of Freedmen, Ref­ I should like the attention of the Senate for one moment. ugees, and Abandoned Lands, district of Virginia, and for rent This is a case where the papers of t:his widow were sent to Vice­ of a dwelling house in the city of Richmond, in the State of Vir­ President Wilson when a member of the Senate and by him lost. ginia, and for one house hired by and used for the purposes of the The general law only authorizes the War Department to pay Bureau, and for money expended by her in and for the Bureau. · proved claims and not to exercise an equitable discretion in re­ The bill was reported to the Senate without amendment, ordered gard to accepting other than the ordinary legal evidence. So she to be engrossed for a third reading, read the third time, and passed. could not get relief under the general law. It is a si.x-hundred­ dollaJ.· claim of thewidowof anofficerwho,it is said,losthis prop­ PORT HUDSON FORLORN-HOPE STORMING PARTY. erty because when the flames broke out he neglected his own prop­ The bill (S. 1557) to gt·ant medals to the survivors and heirs of erty and lookedafter the public property. Proof of that fact was volunteers of the Port Hudson forlorn-hope storming party waa sent to the Senate, and my distinguished predecessor, Senator considered as in Committee of the Whole. It directs the Secre­ Wilson, lost the papers. Thereupon this lady came to the commit­ tary of War to procure a suitable medal to be presented to the tee. They have reported several times that they are satiefi.ed those survivors of the forlorn-hope storming party against the works at are the facts, and they have taken, instead of legal evidence, such Port Hudson, La., June 15, 1863, in fulfillment of the promises moral evidence as to the probability of the fact as they could get, made by Maj. Gen. N. P. Banks, commanding the Department of including her affidavit, and the committee report that she ought the Gulf, and contained in his General Order, No. 49; and in case to be paid $600. of decease of such volunteers said medals shall be given to the ..l submit to my honorable friend from Missouri that that makes widow or oldest heir. an exception to the principle, which I agt·ee to as much as he does, The bill was reported to the Senate without amendment, ordered that we should leave these people to the general law where they to be engrossed for a third reading, read the third time, and passed. come within the general law. It would leave it to my honorable friend's sense of justice. SUFFERERS BY WRECK OF GALLATIN. Mr. COCKRELL. I can not consent. It is a valid law. I have The bill (S. 117) for the i·elief of the sufferers by the wreck of sent for a copy of the law. When I get it, we can ascertain whether the U.S. revenue cutter Gallatin off the coast of Massachusetts the claimant has ever applied to the Department for relief, and if was announced as next in order. she has not applied to the Department, and the law covers her case, Mr. COCKRELL. Let that bill be passed over. she can get it infinitely more quickly than she will ever get Mr. The VICE-PRESIDENT. Objection is made, and the bill will REED to pass the bill through another branch of Congress. be passed over. 1144 CONGRESSIONAL RECORD-SENATE. MAY 19,

CHRISTOPHER SCHMIDT. pany to a point 145 feet east of Newman street including the The bill (S. 1464) for the relief of Christopher Schmidt was con­ roa~way in front of and adjacent to the ground' owned by the sidered as in Committee of the Whole. It proposes to pay $40 a Umted States Government, known and designated as the United month for and during the term of his natural llfe to Christopher States arsenal at Indianapolis, Ind. • Schmidt, of St. Paul, blinn., for injuries received from accidental The bill was reported to the Senate without amendment ordered shot on the rifle range at Fort Snelling July 14, 1892, in quarterly to be engrossed for a third reading, read the third time, and pa~sed. payments, upon such vouchers as the Secretary of the- 'rreasury CONTINENTAL FIRE- INSURANCE . COMPANY AND OTHE RS. may prescribe. The bill was reported to the Senate without amendment, ordered The bill (S. 436) for the relief of the Continental Fire Insurance to be engrossed for a third reading, read the third time, and passed. Co~pn.ny and others was considered as in Committee of the Whole. I~ drrects the Secretary of the Treasury to cause the Commis­ LEGAL REPRESENTATIVES OF JOHN ROACH. swner of Internal Revenue to reopen and reexamine the refunding The bill (S. 1115) for the relief of the legal representatives of claims of the Continental Fh'e Insurance Company the Eagle Fire John Roach, deceased, was considered as in Committee of the Insu:r:!lnce Company, the City Fire Insurance Company, the Com­ Whole. To carry out the provisions of the act making appropri­ merCJal Mu~al Insurance Company of the State of New York, the ations for the naval service for the fiscal year ending June 30 Maryla,nd Fue Insurance Company, the Western National Bank 1884 (22 Stats., page 477), the bill proposes to pay to the legal rep: the Merchants' National Bank, the Chesapeake Bank of the Stat~ resentatives of John Roach, deceased, the sum of $28,160.25 for of Maryland, and the Eastern Railroad Company of the State of l::tbor and material furnished by the said John Roach in complet­ Massachusetts for taxes erroneously paid by th~m and now on ing the dispatch boat Dolphin under the advice and assistance of file in his office, a~d to examine and a1lo'Y such amounts as he may the naval advisory board mentioned in that act. find thos~ compam.es and banks have pa1d as a duplicate tax upon The bill was reported to the Senate without amendment, ordered the same 1dent1calmcome or profits, and to transmit' his allowances to be engrossed for a third reading, read the third time, and passed. to the proper. accoun~g offic.ers of the Treasury for certification to Congress, m compliance w1th the second section of the act of HEIRS OF THE LATE JOHN ROACH. Congress approyed July 7, 1884. The bill (S. 1116) to pay the heirs of the late John Roach, de­ The bill was reported to the Senate without amendment ordeTed ceased, $330,151.42 for labor and material, dockage, and deten­ to be engrossed for a third reading, read the third time, and passed. tion and occupation of ya1·ds and shops for the gunboats Chicago FRANCIS W. SEELEY. , and Atlanta was announced as next in order, and wa~ read. The bill (S. 659) to place Francis W. Seeley on the retired list of the Army was ~onsidered a~ in Committee .of the Whole. It pro­ Mr. BATE. I do not know who introduced the bill, but I think poses to authonze the President of the Umted States to nominate he ought ~ explain why_ the large sum of 8330,000 is proposed to • be appropnated by the bill out of the Treasury. The bill has been and, b;Y and with the advice an~ c~:msent of the Senate, to appoint up heretofore, I know, and it was perhaps discussed at a previous FranciS W. Seeley, late a captam m the Fourth Regiment United session. S~ates Artiller_Y. a ~aptain of ar~illery in the Army, and to place ,Mr. CHANDLER. The adjustment of the claim has been very hrm on the retired hst thereof With that rank and pay the retired carefully made by a board of officers, and by the committee it has list being thereby increased in number to that extent;' to suspend been ca1·efully examined. Nevertheless, as it is a large sum, and all laws and parts of laws in conflict with such action for that members of the committee are not here, I think it quite right for P"!n:pose only; but from a?d after his appointment unuer the pro­ the Senator from Tennessee to ask that the bill may go over. VISions of the act no pensiOn shall be paid him. :Mr. BATE. Yes, let it go over without prejudice. I want to The bill was reporte65, to which that Stull, late captain of Company M, Third Regiment company and regiment were paid on their discharge. Cavalry Volunteers, and to granthimanhonorabledischarge as of The bill was reported to the Senate without amendment ordered date April 11, 1864. to be engrossed for a third rea-ding, read the third time, and passed. The bill was reported to the Senn.t.e without amendment, ordered JOHN CLYDE SULLIVAN. to be engrossed for a third reading, read the third time, and passed. . The bill (S. 1340) ~or the relief of John Clyde Sullivan was con­ CHRISTIAN M. KIRKPATRICK. sidered as m Committee of the Whole. It authorizes the Presi­ The bill (S. 136) to provide for the payment of the claim of d~nt of the United States to nominate, and, by and with the ad­ Christian M. Kirkpatrick for paving the street adjacent to the VIce and consent of the Senate, to reappoint John Clyde Sullivan United States arsenal at In<.ljanapolis, Ind., was considered as in a paymaster in the Navy with the relative rank of lieutenant­ Committee of the Whole. It proposes to appropriate$6,0!4.22for commander at the foot of the list of paymasters baV:ng the rela- the payment of the claim of Christian M. Kirkpatrick for improv­ tive ranlr of lieutenant-commander. · ing with brick the street known as Clifford avenue from the tracks The bill was reported to the Senate without amendm;:) nt, ordered of the Cleveland, Cincinnati, Chicago and St. Louis Railroad Com- to be engrossed fo1· a third reading, read the th~rd time. and passed. , . 1897. CONGRESSION.AL RECORD-SENATE. 1145

LEGAL REPRESENTATIVES OF JOHN ROACH, DECEASED. and 1878, said account having been allowed by the Treasury De­ The bill (S. 958) for the relief of the legal representatives of partment. John Roach, deceased, was announced as next in order on the The bill was reported to the Senate without amendment, ordered Calendar. to be engrossed for a third reading, read the third time, a.nd passed. Mr. BATE. I see that that bill is reported by the s~me Sena~r HEIRS OF STERLING T. AUSTIN. who reported Senate bill 1115, and has the same title. In his The bill (S. 432) for the relief of the heirs of Sterling T. Austin, absence I think it had better be passed over for the present. decea-sed, was considered as in Committee of the Whole. It pro- · The VICE-PRESIDENT. The bill will lie over. poses to pay to Flo~ine A. Albright and Mi~souri A. Pollard, heirs Mr. BATE. It may be that the bills are the same. of Sterling T. Austin. deceased, $59,287, bemg the proceeds of the ESTATE OF RICHARD LAWSON. sale of 360 bales of cotton, the property of Sterling T. Austin, The bill (S. 1194) for the relief of the estate of Richard ~awson seized by the civil and military authorities of the United St.ates, was considered as in Committee of the Whole. It authonzes the and received into the Treasury, as found by the Com·t of Clarms. administrator de bonis non of the estate of Richard Lawson, late The bill was reported to the Senate without amendment, ordered of Baltimore, Md., to sue in the United States Court of Claims for to be engrossed for a third reading, read the third time, and passed. his individual interest as a partner in the late firm of John Mc­ MISSISSIPPI RIVER BRIDGES AT ST. PA.UL, ML~N. Fadon & Co., and also the late.firm of William McF~d~m & Co., The bill (S. 1637) to authorize the constr uction and maintenance formerly of Baltimore Md., on account of French spoliations com­ of two railroad bridges across the l\iississippi River at or near the mitted prior to the ye~r 1800, and directs such court to pass upon city of St. Paul, Minn., was considei'ed as in Committee of the the facts and law in the case and report the same to Congress. Whole. The bill was reported to the Senate without amendment, ordered The bill was reported from the Committee on Commerce with to be engrossed for a third reading, read the third time, and passed. amendments. DORENCE A.TW ATER. The first amendment was, in section 4, line 4, before the word The bill (S. 400) for the relief of Dorence Atwater was consid­ "feet," to strike out "fifty" and insert "fifty-five;" so as to read: ered as in Committee of the Whole. The main span shall be over the main cha~~el of tJ?.e river and not less t!Ian 300 fee ~ iu length in the clear, nor less than oo feet m the clear_ above high· The bill was reported from the Committee on ~ilitary Affairs watermark. with an amendment, in line 7, after the words" directed. to," to The amendment was agreed to. strike out •· revoke" and insert ''annul;" so as to make the bill read: The next amendment was to insert as a new section the fol· Be i t enacted etc., That Dorence Atwater be, and he is herab;v, relieved and lowing: absolved from the effect o! the sentence adjudged against hun by a court­ martial on the lith day of September, 1865, and that the Secre~ary of War SEc. 5. That all railroa,d comp:m.ies desiring the use· of said bridges, or be, and he is hereby, authorized a~d directed t o ann~ the o!der dishonorably either of them, shall have and be entitled to equal rights and privileges rela­ discharging said Atwater as a private, general serVIc;e, Um~d Staws Army, tive to the passage of trains or cars over the same and over the approaches and to issue to him an honorable discharge from Said service, to date from thereto upon tne payment of a reasonable CDmpensation for such use; and in the 22d day of September, 1865. case the owner or owners of said bridges, or either of them, and the several railroad companies, or any one of them, desiring such use shall fail to agree The amendment was agreed to. upon the sum or sums to be paid, and upon the rulas and conditions to which The bill was reported to the Senate as amended, and the amend­ each shall conform in using said bridges, or either of them, all matters at issue between th~m shall~ decided by the Secretary of War upon a hearing ment was concurred in. of the alletzations and proofs of the parties. The bill was ordered to be engroseed for a third reading, read Tlie amendment was agreed to. the third time, and passed. The next amendment was to insert as a new section the fol­ PUBLIC BUILDING AT ALTOONA, PA. lowing: The bill (S. 1273) for a public building at the city of Altoona, S.Ec. 7. That this act shall be null and void if the bridges herein authorized be not commenced within one year and com{lleted 'vithln three years from Pa., and appropriating money therefor, was considered as in Com­ the date of approval hereof. mittee of the Whole. ' It directs the Secretary of the Treasury to purchase by private sale or secure by condemnation a site for, and The amendment was agreed to. cause to be erected thereon, a suitable buHding, with fireproof The bill was reported to the Senate as amended, and the amend­ vaults therein, for the accommodation of the·United States dis­ ments were concurred in. trict and circuit courts, post-office, and other Government offices, T:fte bill was o1·dered to be engrossed for a third reading, read the third time, and passed. at the city of Altoona, in t2e county ~f Blair, f?ta~ of Pennsyl­ vania, the cost not to exceed, for the site and building, complete, .A.MERICA.N REGISTER FOR BARKE:l'."'TINE SHARPSHOOTER. $125,000. The bill (S. 1788) to provide an American register for the bark­ The bill was reported to the Senate without amendment, ordered entine Sharpshooter, of San Francisco, Cal., was considered as in to be engrossed for a third reading, read the third time, and passed. Committee of the Whole. PUBLIC BUILDING AT MAMMOTH HOT SPRINGS. The bill was reported to the Senate without amendment, ordered The bill (S. 422) to provide for the erection of a public building to be engrossed for a third reading, read the third time, and passed. for the use and accommodation of the post-office at Mammoth PORT OF ENTRY AT GREAT FALLS, MONT. Hot Springs, in the Yellowstone National Park, was considered as The bill (S. 1716) making Great Falls, Mont., a port of entry in Committee of the Whole. It directs the Secretary of the In­ was considered as in Committee of the Whole. terior and the Postmaster-General to select a suitable site at :Mam­ The bill was reported to the Senate without amendment, ordered moth Hot Springs, in the Yellowstone National Park, and cause to be engrossed for a third reading, read the third time, and passed. to be erected thereon a suitable building for the use and accom­ THE CENSUS. modation of the post-office at that place, such building not to ex­ ceed in cost $10,000. The bill (S. 94) to provide for the Twelfth and subsequent cen· The bill was reported to the Senate without amendment, ordered suses was announced as the next business in order on the Calendar. to be engrossed for a third reading, read the third time, and passed. Mr. COCKRELL. Let the bill be passed over. The VICE-PRESIDENT._ It will be passed over. PUBLIC BUILDI~G AT EVANSTON, WYO. LEGAL REPRESENTATIVES OF EDWIN DE LEON. The bill (S. 134) to provide for the purcha-se of a site and the The bill (S. 1357) for the relief of the legal representatives of erection of a public building thereon at E-vanston, in the State of Edwin De Leon, deceased, late consul-general of the United States Wyoming, was considered as in Committee of the Whole. It in Egypt, was considered as in Committee of the Whole. It pro­ directs the Secretary of the Treasury to acquire, by pm·chase or po~es to pay to the legal representatives of Edwin De Leon, de­ otherwise, a site, and cause to be erected thereon a suitable build­ ceased, late consul-general of the United States in Egypt, 34:79.11, ing, including fireproof vaults, h eating and ventilating apparatus, being the balance due him on adjustment of his official accounts and approaches. for the use and accommodation of the United by the First Comptroller of the Treasm·y. States courts, post-office, land offices, and for other Government Mr. COCKRELL. ~A...fter the word "Secretary," in line 6, I purposes, at Evanston, in the State of Wyoming, the cost of such move to insert'' of the Treasury;" so as to read: ''Secretary of the site and building complete not to exceed $100,000, not more than Treasury." !j)l5,000 of which shall be used for the purchase of the site. The amendment was agreed to. The bill was reported totheSenatewithoutamendment, ordered The bill was reported to the Senate as amended, and the amend­ to be engTossed for a third reading, read the third time, and passed. ment was concurred in. DR. S. A. BROWN. The bill was ordered to be engrossed for a third reading, read The bill (S. 377) for the relief of Dr. S. A. Brown was consid­ the third time, and passed. ered as in Committee of the Whole. It proposes to pay $485.47 PUBLIC BUILDING AT OAKLAND, CAL. to S. A. Brown, of Sioux Falls, S. Dak., for services as passed as­ The bill (S. 706) to provide for the purchase of a site for and the .• sistant surge~n, , during the years 1876, 1877, erecti~n of a public building at Oakland, in the State of California, 1146 CONGRESSIONAL RECO~D-SENATE. fuy 19,

was considered as in Committee of the Whole. It directs the Sec­ ADJOURNMENT FROM THURSDAY UNTIL MONDAY. retary of the Treasury to acquire, by purchase, cond~mnation! or Mr. CHANDLER. I desire the attention of the Senator from otherwise, a site, and cause to be er~cted thereru;t a ~mtable build­ Alabama [}rir. MoRGAN] to a motion whieh I wish to make at this ina including fireproof vaults, heating and ventilating apparatus1 time. I move that when the -senate adjourn to-morrow it be to el:.;ators and approaches, for the use and accommodation of the meet on Monday next. I make the motion because it is well United States post-office and other Government offices, in the city known that many Senators desire to be absent from Washington of Oakland and State of California, the cost of site and building, Friday for a purpose which everyone will commend. The Sena­ including vaults, heating and ventilating apparatus, elevators, tor from Alabama objooted this morning to a similar motion when and approaches, complete, not to exceed $350,000. made by the Senator from Massachusetts [Mr. HoAR], the ob­ The bill was reported to the Senate without amendment, ordered jection being made, I suppose, in the interest of the Cuban joint to be engrossed for a third reading, read the third time, and passed. resolution and with a view to having a time fixed for voting BLUE MOUNTAIN ffiRIGATION AND IMPROVEMENT COMPANY. upon it. Mr. McBRIDE. I ask unanimous cons'.mt to return to the bill It seems to me, Mr. President, if the Senator from Alabama will (S. 1233) extending the time allowed the Blue Mountain Irriga­ allow me to make a suggestion, that the best course would be on Monday morning next to ask to have a time fixed for voting upon tion and Improvement Company for the c~mstruc~ion of its re~er­ voirs and canal in and through the Umatilla lnd1an Reservation, the Cuban joint resolution. I do not think the friends of the joint in the State of Oregon. It wag passed over yesterday during my resolution ought this week to ask that a time should be fixed. It absence from the Chamber. is due to truth to say that there has not been filibustering against There being no objection, the Senate, as in Committee of the the joint resolution in the ordinary sense of the term or in any Whole, proceeded to consider the bill. sense of the term. When a few weeks ago the Senator from Maine Mr. McBRIDE. In line 8, I move to strike out "five" and in­ [Mr. BALE] asked that there might be delay upon the joint reso­ sert " eight." lution, he expli-citly stated.that he was wi1Ung at the proper time The VICE-PRESIDENT. The amendment will be stated. to agree to a date for voting upon the question. The Senator from The SECRETARY. In line 8, it is proposed to strike out:' five" Maine renewed that assurance yesterday, and I know of no oppo­ nent of the Cuban joint resolution who does not propose to agree, and insert "eight;" so as to make the bill read: when it is proper for the friends of the joint resolution to ask for Be it enacted, etc., That the time prescribed by the act of Congress ap­ proved January 12.1 1893, for the construction and com_pletion of the irrigation it, that a time shall be fixed for voting. ditch, or canal, ana reservoirs of. the Blue Mountain ~ri~ation and Improve­ I think the opponents of the joint resolution, so far as appear­ ment Company across the Umatilla Indian Reservation, m the State o~ Ore,_ ances hitherto are concerned, should be acqUitted of any disposi­ gon, is hereby extended eight years from the date of the passage of S8.ld act. tion to delay a vote upon the measure afterreasonable discussion. The amendment was agreed to. .. The discussion has been largely conducted by the friends of the The bill was reported to the Senate as amended, and the amend­ resolution, and the Senators who are opposed to it I know intend ­ ment was concurred in. to allow a. vote to be taken upon it in due tjme. The Senator from The bill was ordered to be engrossed for a third reading, read California [Mr. WHITE] who has just entered the Chamber and the third time, and passed. who has spoken upon the resolution has himself said not only FffiST LIEUT. BENJAMIN W. LORING. that.he -sympathizes with the Cubans in their struggle for inde­ pendence, but that he is willing at the proper time to have a vote The bill (S. 1337) to commission First Lieut. Benjamin W. Lor­ taken upon the belligerency resolution. ing a captain was announced as the next business in order on the Mr. President, having acquitted, as far as I am concerned, the Calendar. opponents of the resolution of any intention to delay action upon Mr. BATE. This seems to be a bill to promote an officer from it, I suggest to the Senator from Alabama not to object to the first lieutenant to captain. There ought to be some reason given motion which I now make, and to ask on Monday next, before the for it. It may be that the ordinary channels o~ pro~otion are tariff bill is taken u_p, that a time may be fixed for voting upon open to him. There ought to be some explanation given. I do the Cuban resolution. I will certainly at that time help him to not see present the Senator who reported the bil~ and I think it secure a vote upon the resolution. I move that when the Senate 'should be passed over without prejudice. . . . adjourn to-morrow it adjourn to meet on Monday next. Mr. COCKRELL. The Senator who mtroduced the bill IS Mr. MORGAN. If I have the privilege of speaking upon the present. motion, by unanimous consent, I would be glad to be heard Mr. BATE. The Senator from Maine [Mr. FRYE] reported it. u_poni~ . M~ PLATT of New York. I could not hear what the Senator I objected this morning to the consideration to-day of a motion from Tennessee said. Will he please repeat it? that was to operate to-morrow, for the reason that I had the hope, Mr. BATE. I do not know who introduced the bill, but it was from the course of debate upon the joint resolution, that we might reported by the Senator from Maine [Mr. FRYE], who is not in be able to-morrow to reach a solution of that question, at least the Chamber. one part of it, which, I must insist, I think is intended for delay, It seems to me from the caption on the Cal-endar that here is an and only for delay-that is, the motion to refer the joint resolu­ effort to promote a first lieutenant to .a captaincy by a Co~-es­ tion to the Committee on Foreign Relations. sional act which is unusual. There must be some extraordmary With that motion out of the way and a direct vote to be taken reason fo~ it, and none seems to be given. I should like to have on the joint resolution, a great deal of the embarrassment would an explanation of the matter, or else let the bill be passed over be removed from this case. The joint resolution, on its merits, is nntil the Senator from Maine comes in. probably stronger than it would be upon the motion to commit, Mr. PLATT of New York. I will say to the Senator from Ten­ because, say what we may about it, there is a desire on the part pessee that I have not the facts before me. I ask that the bill may of some Senators and others to have a d.alay in the passage of the be passed over for the present. resolution. For my part, I think that every day of delay is a day Mr. BATE. Very well. of wretchedness to the people in Cuba, a day of suspense to the The VICE-~RESIDENT. - The bill will be passed over. people of the United States, and a day of injustice to our own char­ PREVENTION OF CRUELTY TO ANIMALS IN THE DISTRICT. acter as a country. Therefore I have desired to try to ur§'e the joint The bill (S. 1063) for the further prevention of cruelty an!­ resolution as well as I could upon the attention of the l::)enate, and to I hoped that by to-morrow at least we would be able to ·reach a mals in the District of Columbia was announced as the next busi­ vote on the question of committing it to th.a Committee on Foreign ~ness in order on the Calendar. Mr. COCKRELL. Let the bill be passed over. Relations. I beg to assure th~ Senate. that the Committee on For~IJn Rela­ The VICE-PRESIDENT. It will be passed over. tions understand thiS questiOn to-day as well as they will a week PETER VON ESSEN BEQUEST. from now, and they understand it to-day better than a great many - The bill (S. 468) authorizing the Commissioners of the District Senators do here, for the reason that some of the members of that of Columbia.to accept the bequest of the late Peter Von Essen for committee, not including myself, have had an opportunity to look ihe use of the public white schools of that portion of said District over the dispa tches. I had the opportunity also, but I did not formerly known as Georgetown was considered as in Committee of avail myself of it, to look over the dispatches from our consuls the Whole. and consul-general in Cuba. They will not say on this flo~r that The bill was reported to the Senate without amendment, ordered the situation as presented by the reports of our consuls IS less to be engrossed for a third reading, read the third time, and passed. aggravated, less intense, than that which has been Teported by the correspondents of the newspaper press who have gone to Cuba and REGULATION OF CEMETERIES IN THE DISTRICT. made personal examination. The bill (& 467) for the regulation of cemeteries and the dis­ The evidence as it has been reported to the committee from the posal of dead bodies in the District of Columbia was considered as gentlemen who have looked at the dispatches shows that a state in Committee of the Whole. of affairs exists in Cuba worse (if it is possible to make a state­ 'The bill was reported to the Senate without amendmentr. ordered ment of anything that is worse) than that which has been repr&o to be engrossedior a third reading, Tead the third time, ana passed. sented by the newspaper press of the United States. - r1897. OONGRES.SION.AL .RECORD-SENATE. 11-47

I desire that the .motion to commit this measure to the eommit­ him wb.o .expressed the -opinion that they would be massacred? :tee shall be disposed -of by a -vote cif the Senate ·some time this Was rthat an official ~:x;pression? · week, say to-morrow .evening, and then that would leave us en­ Mr~ .MORGAN~ Y-es; official. tirely free to go on the -expedition to M0nticello, in whic-h I wish lir. WIDTE. I will ask one further quBBtion, with the permis­ to parrticipate also, without any embarrassment at all. The Sen­ sion of the Senator fr-om Alabama. Does the SenatDr l11lderstand ator from New Hampshire sug~re&ts to me that I should let the that the Committee on Foreign Relations ha a right to -obtain matter go .over really untill\lon~ay,and that then I shall ask that official information directly pertinent to a matter befoTe the Sen­ a ·day be fixed for voting. ate and withhold that information from the Senate, when the Mr. CHANDLER~ T hfJ Senator .from Alabama .misunderstands Senate must act upo-n the ·sultiect? me. .Mr~ MORGAN. I refused to go with that committee.and -exam­ Mr. MORGAN. Ohl ine the dispatches because of these injunctions. I informed the Mr. CHANDLER. 1 am willing the whol~ of to-morrow shall o:fficials Df the Government that I knew -enough .about Guba and be devoted to the subject, but I suggested to the Senator to refrain its ·situation and its affairs to justify me in my action and in my from asking the opponents of the 3oint resolution to agree to a vote and to convince the Senate and the world that I was stand­ time for voting until Monday morning, and that Monday morning ing upon no false foundation or imaginary groundj .and 1 declined lle should make the request. He may make it to-morrow if he to be handim.tp-ped with .any cOJlfidences .at all, for -after I had re­ chooses. What I want to do now is to persuade the Senator to cei-ved them 1 could not then be permitted to speak out as a Sena­ . consenttohaveitunderstood tha.tweshalladjournfrom to-morrow tor should, without at least the appearance of having violated .con­ until Monday, because if we are going 'tO Monticello we must know .fidenoes, whtch I did not -choose to have imputed to me.. it. Now~ will the Senator consent to that? So I stand here to-day informed in regard to all the affairs about J\Ir. MORGAN. I have been .extremely solicitous, and I think Cuba as well as any man on tills floor. But the-re ,are other I can claim for myself that I have been patriotically solicitous, to -sources of information besides consuls. There .are letters from lreep the joint Tesolution out of -collision with any political ques­ credible people, and there is that historian that never told a lie­ tion in the United States. That the tariff is .a political question, the photograph. I have them now in my d-esk here, if gentlemen and that, too, of the severest and most exacting character, I think want to examin-e them, a11d they show the conditions in Cuba. I no one can deny. I have been trying to get a vote upon the joint have letters from women m Cuba who are not given to lying in Tesolution before the tariff bill was ready for discussion. I do not -regard to the ont.rages perpetrated upon them and their children. want to postpone the tariff a second on aecount -of the joint reso­ I have all the inform.ation J want, and 1 would n-ot receive from lution. I do not want to bring up any collision between tb.e tariff th~.Ex~enti:ve of the United States any inf<>rmation at all llllder bill and the joint resolution. We ·can not do this country proper any injunctions that I could not communicate it to my colleagues justice, nor can we do proper jus-tice to our ·own motives, if we on this floor, nor will I -ever do it. :permit a dom-estic question of tbis kind to come in and displace Mr. ELKINS. Let me ask the Senator a question. Is it fair to the joint resolution, ·when we now have the pow-et·, and when, I Senators who have to vote on this question that some Senators think it is our duty, to vote upon the joint resolution bef<>re.a po­ will have information that they can not imllart, and which may litical question inn·udes itself. control their judgment, while it is denied to other Senators? If we can get a vote on the m0tion to commit, then we shall Mr. MORGAN. If that be unfair, charge it upon the Execu­ understand the whole situation exactly.; and if the joint !l'esolution tive and not upon me 01· tbe country. There we sta:n-d. should not be committed, I would have no objection to letting the 1\fr. ELKINS. As I understand, three &mators know some case go over until Monday, and then asking a time to be fixed for facts here that other Senators are not_permitted to know. voting on the resolutio~ except on~ and "that is that it would 'Mr. J\.IORGAN. TwoSeuators. bring me into an attitude that I do not wish t-o-occupy., of -an­ Mr. ELKIL~S. Well, twG Senators. Why should two Senators tagonism to action upon the tariff.. Now, why should I be forced have f-acts that they are permitted to kn'OW and other Senators are into that attitude by the Senate when we have ample timA now not to have them in voting upon a question that is to beoome a to avoid it? world-mde transaction? Mr. VEST. Will the Senator permit me? .Mr, MQRG.AN. If the Senator from West Virginia will go to 1\Ir. 1\IORGAN. Yes. the White House -ol' to the State Department and make that in­ .Mr. VEST~ The ·Senator kn.ow-s th-at I sympathize witp him quiry, h~ ·will get an answer that will satisfy him, I have no doubt. entirely in his view upon the Cuban question, but he has madea.n It does not satisfy me, but it will £atisfy him. allusion here whi.ch I think deserv,as some inquiry. It has been Mr. ELKINS. We ought to have the White House and State stated in the public press that three Senators. the Senator from De;p&rtnl-ent to communicate a.ll the facts if t,hey want u-s to aet Alabama being one -of them, had been invited by the btate De­ intelligently upon the state of affail·s in Cuba. We are -entitled partment to examine the reports made by our -consular agents in bo know the facts. Cuba, .and that the examination had been ma-de. The Sena.tor Mr. MORGAN. They have not communicated any facts. On from Alabama informs us this morningthathedid notpa1·ticipate the contrary, on the 29th day -of April I asked the Senate to pass in that examination. I ta.ke it for g1·anted that the other two a resolution, and it was passe~ calling for all the correspondence Senators did. of the consul-gene1·al and the ·consuls of the United States r-ela-ting I submit that the .result of that examination ought to be made to affairs in Cuba whi-ch had been sent to the State Departm~nt knGwn to the Senate. I have never seen any authoritative st-ate­ and not heretofore published. On the 5th day of May I wrot~ to ment as to what General Lee has said about the condition of af­ the Secretary of State, in-closing him a copy of the resoluti-on, fairs in Cuba. I have my own opinion, based upon unofficial and asked him ii he expected to comply with it, inasmuch as the information, but which l must confess was to a large extent sat­ Senator from Maine [Mr. lliLE] and myself had agreed that oo isfactory to me. Now, may I be permitted to ask the Senator from the next Monday we would tak-e up this case for final disposal. Alabama whether those Senators were invited there, whether they The reply was that it would take several weeks to r>repare the mad.e the examination, what was the result, and where it is? We information. are entitled to have it. · That to me, I must confess, was rather an astounding piece of Ml·. MORGAN. The three Senat.ors were not invited; they information in regard to the imbecility of this Government in were sent by the Committee on Foreign Relations as a subcom­ furnishing the information to the Senate. I do n-ot know that mittee to confer with the .President and Secretary .of State. The that excuse was ever before made. And then that it would de­ injunction was imposed upon us that in speaking of this matter pend upon whether the President saw proper to mak~ the com­ in the Senate we should not name General Lee or any other consul; munication. I have the letter in my desk. that we sh

1148 CONGRESSIONAL RECORD-SENATE. MAY 19, next. I want to bring the attention of the Senator from Alabama been said by the Senator from Alabama, that there was no limitation to that precisequestionandfor the moment away from the Cuban placed by the President or the State Department upon the use by question. Does the Senator see any real objection to having that the committee of all the information the State Department is in motion adopted at the present time? pos~ession of. We were not denied access to any document on file Mr. MORGAN. I am entirely indifferent about that. I want, there. On the contrary, full information was given to us. Great though, to get a vote taken on the motion to commit. Does the pains were taken to make us fully acquainted with everything in Senator object to my having a vote to-day? the way of knowledge that was possessed by the officials of the Mr. CHANDLER. I say to the Senator from Alabama that Government. The subcommittee deputed by the Foreign Rela­ immediately after the motion to commit is voted upon, if it is tions Committee for that purpose has full information. I have not voted down, as I have no doubt it will be, there will be a vote any restriction upon me that I know of, beyond the mere use of upon the main question. .Ai3 a friend of the resolution, as good a names and the making of other statements that might identify friend to it as he is, I do not think it advisable to attempt to get persons and lead to excitements, and possibly lead to personal a vote this week upon the motion to commit. Therefore I hope injuries. the Senator will allow my motion to be adopted. I expect to address the Senate before this debate clos ~ s, and I Mr. MORGAN. I am not aware that any Senator desires to am not conscious of any restriction upon me as to the use of all speak upon this subject except the Senator from Michigan [Mr. the knowledge (to be used, of course, in an appropriate way) that BoRRows], and he has just informed me that he does not feel I have in this matter become possessed of. disposed to go on to-day. Mr. VEST. May I ask the Senator from Ohio a question? Mr. FAULKNER. The Senator from Utah [Mr. CANNON] is Mr. FORAKER. Certainly, if the Senator will first allow me ready to proceed. just a moment. In addition to that, I should state-and I state it Mr. MORGAN. I was not aware of it. only because of what has already been said-that the State De­ Mr. CHANDLER. If the Senator from Utah will allow me a partment are now engaged in the labor of preparing, for the use word, I am frank to say that I do not think the friends of the of the Senate, full copies of all the correspondence called for by resolution are entitled to ask, either to-day or to-morrow, to have the resolution recently adopted by the Senate, according to the a time fixed for voting upon the resolution, unless we are pre­ terms of which resolution all correspondence in regard to the pared to give tfp the visit to Monticello on Friday. Therefore I Cuban difficulty is called for which has not been h <:J retofore urge the friends of the resolution to let the motion be adopted printed. But it is quite a labor, more than I anticipated., more which I have made. I shall say no more about it. than I had appreciated, and some little time will necessarily elapse, Mr. VEST. Before this matter passes away, I should like to ask I understand, before the correspondence is ready for this body. I the Senator from Alabama one question. am not asking any delay so far as I am concerned. The VICE-PRESIDENT. Does the Senator from Utah yield? Mr. VEST. I call the attention of the Senator from Ohio to Mr. CANNON. Certainly. the remarkable statement of the Senator from Alabama. that the Mr. VEST. I am not certain that I understood him, and I think President of the United States and the Secretary of State informed he ought to be unde:rstood. .Ai3 I did understand him, a commit­ the Committee on Foreign Relations that the authority for this tee or a subcommittee of three members of the Foreign Relations information, the names of our consular agents and representa­ Committee were sent or invited to the State Department. tives in Cuba, should not be given for fear it would involve their Mr. MORGAN. They were sent. They were not invited. assassination. Is that so or not? Mr. VEST. They were sent by the committee, then, to examine Mr. FORAKER. No: the statement was not made in just that the correspondence with our consular a~ents in Cuba ip regard to language, as I recollect it. the condition of affairs there. Do I unaerstand the Senator from Mr. VEST. Was it made to that effect? Alabama to saythattherewere conditions, antecedent conditions, Mr. FORAKER. But the President and other officials were imposed upon that committee or subcommittee that they should apprehensive, I will say, now that the statement has been made, not make known the authority upon which their statements were and did so express themselves, that the publication of the corre­ made afterwards, but that they were permitted to go there, and spondence at this time, if not made in a judicious and advised when they went there they were permitted to examine this corre­ manner, might precipitate violence, and possibly do more harm spondence, and then retain that information for the committee, than good. But there was nQ disposition upon the part of the not to be given to the Senate? I should like to understand exactly President or the State Department to withhold from the commit­ how that was. tee or from the Senate the substance of all the knowledge they Mr. MORGAN. I do not think there was any injunction im­ have, or the detai.ls either. in so far as they might be e~ sential. posed or attempted to be imposed upon the committee at large in Mr. VEST. But I understood the Senator n·om Ohio to state communicating to the Senate what the subcommittee might report distinctly that there was no limitation, in his opinion, upon the to them. I do not understand that. The injunctions that were information he received. Does the Senator mean to say that it is imposed upon the subcommittee were that the names of consuls no limitation when the authority for a statement is not to be given? who had made the communication to the executive department Mr. FORAKER. No; I said no limitation except that. . of the Government should not be mentioned in the Senate and Mr. VEST. Except that? that the places at which the dispatches were written should not Mr. FORAKER. Yes, sir. be stated. But we were at liberty, as I understand, to give, not Mr. VEST. Then I will take the amendment. Now, Mr. Presi­ copies, but the substance of what our consular agents in Cuba dent, I come to the serious question, Has the Government of the had communicated to the executive department, the reason be­ United States undertaken to send any gunboats or war vessels ing, as I have already stated, that there was an apprehension that there to protect the representatives of this Government in the dis­ if the names were given or the places at whic.h the dispatches were charge of their official functions? That, it seems to me, is the dated it would 1·esult in the massacre of our consuis. highest duty of any government upon earth. Are we to be told Mr. WHITE. Has the Senator from Alabama any objection to now that we can not ascertain whether it was General Lee or some stating what official of the Government of the United States made other cor+sul or diplomatic representative who made these state­ that statement? ments for fear that they will be assassinated? Has this Govern­ Mr. MORGAN. Well, both the officials concerned in the mat­ ment come to that low degree of power and protection over its ter made the statement-the President and Secretary of State. own official representatives that we are to be content with the Mr. CHANDLER. I ask unanimous consent for a vote upon statement that they. might be assassinated if their names are my motion. given? That is a most serious question. The VICE-PRESIDENT. The Senator from New Hampshire Mr. MORGAN. Mr. President, I desire in just a word to put moves that when the Senate adjourn to-morrow it be to meet on myself in a correct attitude before the Senate and the country Monday next. about this matter. After the subcommittee had conferred with The motion was agreed to. the President and got permission under· these limitations to ex­ amine the correspondence, we went to the State Dep1rtment. W.A.R IN CUBA. The Secretary of State seemed to be entirely reluctant to give the The Senate, as in Committee of the Whole, resumed the con- information under those conditions, I thought. He said at first sideration of the joint resolution (S. R. 26) declaring that a con- that he would read us the dispatches. It turned out upon an ex­ di tion of public war exists in Cuba, and that strict neutrality shall amination that the dispatches were not present in the Department­ be maintained, the pending question being on the motion of Mr. that they were in the hands of Mr. Rockhill for the purpose, as I HALE to refer the joint resolution to the Committee on Foreign understood it, of being edited or arranged in somA way. There­ Relations. upon Mr. Day, the .Ai3sistant Secretary of State, came in and gave The VICE-PRESIDENT. The Senator from Utah [Mr. CAN- us that information. NON] is entitled to the floor. Mr. Sherman then, addressing himself to me personally, said: Mr. FORAKER. Will the Senator from Utah yield to me for "Mr. 1\IORGAN, you will understand that these communications just one moment? are strictly confidential, and that you have no right to name any Mr. CANNON. Certainly. · j of the consuls or the places from which the information was writ- Mr. FORAKER. I think I should state, in addition to what has ten, at which the dispatches were dated.·~ In reply to that, after 1897. ·CONGRESSIONAL RE

~ome other little matters occurred between him and myself, I his own Government; he had stated a notorious fact; and yet that stated to him that I would not receive his communication under South American Government had a perfect right to treat that any such injunction. Thereupon it was arranged that at night statement as offensive to it, and did so treat it. we should meet at the Secretary:s house to look at the dispatches. Now, if a tithe of what the Senator from Alabama claims to be I availed myself of the occasion to write a note to the Secretat·y true, and a tithe of what we all believe to be true be true in Cuba, and tell him that I would not be there for the purpose of examin­ be put into the report of a United States consul and printed, as ing them. So I have not seen any of the dispatches, and I rely a matter of course the recall of that consul would be demanded· entirely upon my colleagues for the information that they contain. by Spain, and it could not be otherwise. It seems to me it woul<}. Mr. FORAKER. If I maybe allowed another word, that state­ be an innovation on the practice of civilized governments to hold ment is entirely correct so far as it goes. But there was one that as a matter of course these communications are to be· pre­ other reason assigned, and the chief reason, as I understood it at sented and the names of the authors made known to the public the time, the one most in the mind of the State Department and at the discretion of anybody except the Secretro·y of State or the the President, why the correspondence ought not to be given out President himself. without some kind of restriction, and that was the fear that it We always put into our resolutions~ direction to all other De­ mj.ght cut off our source of information. partments of the Government; we deal with the question our.. Mr. MORGAN. That is true. selves whether the Secretary of the Treasury or the Secretary of Mr. FORAKER. That was distinctly stated. the Navy or the Postmaster-General should state certain fact$; Mr. MORGAN. Yes; that was stated. but in regard to everything affecting our foreign relations we ad­ Mr. FORAKER. And the other remark was incidental, I dress our .request to the President as a request, 'and insert in it think, rather than otherwise, as a part of the conversation that "if not in his judgment incompatible with the public interests." followed. Certainly it must be appreciated in the mind of every Mr. CANNON. Mr. President- Senator that we want to be correctly informed, and that to be so Mr. VEST. Will the Senator allow me? correctly informed our consular representatives must feel free to Mr. CANNON. I will yield to the Senator from Missouri to write the exact truth, and they writ.e it under the understanding propound an inquiry. · that it is all in the nature of a confidential communication to the Mr. VEST. Ju~t a single question. Unquestionably the Sena­ State Department. tor from Massachusetts [Mr. HOAR 1 is con-ect in regard to the M.r. VEST. May I be permitted to ask the Senator from Ohio general statement be bas made, but 1 should like to ask him if, in what he means when he states that the means of communication his long experience here, he has ever known a case before when a between this Government and its representatives in Cuba might subcommittee of the Committee on Foreign Relations has been be cut off? sent to the head of an Executive Department, the Secretary of State, Mr. FORAKER. I did not make any such remark as! under­ for instance, and bad been given certain information with the stand from the question of the Senator. statement that the author of that information was not to be made . Mr. VEST. Ibegpardon. Imighthavensedthewrongverbiage. known to the Senate? Has there ever before been such a case? Mr. FORAKER. I misunderstood the Senator. What was in Mr. HOAR. I do not know, but I have no doubt it bas been the mind of the State Department, whether justly so or not, was done a hundred times. I should exfect that it would be so, that this: They said that if the confidential commtmications of our it has happened a hundred times. have not been on that com- consular.rept·esentatives were to be given out to the public with­ mittee, however, and do not know. . out any restriction or limitation whatever there might be, on that Mr. FORAKER. If the Senator from Massachusetts will allow account, some reserve on the part of the consular representa­ me, that was not the statement that was made; that was not the tives in communicating with the Government. The Government restriction at all. There was no restriction imposed by anybody wants every kind of facts pertaining to the situation, in order as to giving the names, places, and all details to the Senate, but that it may be fully advised, and it wants every consular repre­ the restriction was simply put upon making it public property, to J:;entative to feel that he is writing under the protection of the be known and read of all men in this country and elsewhere. State Department. Mr. CANNON. Mr. President-- I do not understand that there is anything unusual in the prop­ Mr. HOAR. If the Senator will allow me, I wish to make one osition to protect the communications of this Government's for­ observation jn regard to the order of business. eign rel?resentativ.es. That, I think, bas been the practice from Mr. CANNON. I yield for that purpose. the begtnning of .this GovernmEmt, and has been the practice of Mr. HOAR. I am one of those Senators who desire that there every government. shall be an early vote upon this question. I have never seen any Mr. WHITE. Can the Senator from Ohio state whether the advantage to be gained in postponing it aft-er the time of reason­ various communications which are now being edited will, when able debate has exhausted jtself. · I am especially desirous that it the edited edition is sent to the Senate, contain the names of the shall be out of the way, because there is other important business parties who sent the information-the names of the consular now ripe and ready for the action of the Senate, for which this agents? special session of Congress was called, and for which the business 1\Ir. FORAKER. Yes, sir. What I mean is that every scrap men and the workingmen of the country, both alike; are impa­ in the way of a communication that may be on file in the State tiently waiting. Department will be sent to the Senate, but it will be sent as a I have not felt disposed, when Senators who have occupied on confidential communication from the President to this coordinate their side five hours at least, if not ten, to one hour that has been branch of the Government. occupied on the other side closed long three or four hour speeches Mr. WHITE. That is proper. with the demand, ''Are you going to filibuster or are you going Mr. FORAKER. And we will consider it in executive session. to delay a vote; and, if not, will yon now fix a time when we can That is the way I understand it. vote?"-! have not felt that it was in accordance with mv own Mr. WHITE. It should have been considered there before this. self-respect to jump up and answer such a question as that"in the Mr. HOAR. I should like to be permitted to state one fact, if affirmative. That in substance is what has happened. But I am the Senator who is entitled to the floor will allow me. prepared, for one, to have this matter come to an early vote; and, Mr. CANNON. Certainly. as an evidence of my sincerity in that particular, I desire to say Mr. HOAR. It is the universal rule, as I understand it, a rule that I have bad in my posRession some remarks, which I very for the protection of the consuls themselves-! do not mean now carefully prepared, intended to go over the whole question of the that there is any reason for any apprehension of violence-that authority of the legislative and the executive power in regard to their communications are to be treated as highly confidential, the recognition of belligerency and of independence and of mak­ except such as may be in the discretion of the Department given ing war, the w:hole condition of things in Cuba, the effect of res­ to the public without interfering with the usefulness of the con­ olutions of recognition of belligerency or of independence under suls where they are. the law of nations, our relations to Spain, and the expediency of It happened a little while ago, during the Administration of one or another course of action on this subject; and I have re-o President Grant, that one of the most brilliant and distinguished frained fl'om making those remarks to the Senate for the sole rea­ of our ministers to a South American Republic observed in one of son that I wanted this thing out of the way so that we might take his dispatches in regard to an important claim by an American up the tariff bill. citizen against that country that it was necessary in order to get I therefore hope that our friends who are in favor of these reso­ a legislative approp1iation that some expenditure of money must lutions, when the Senators who shall have something to say upon; be bad. them in the course of the next two or three days shall have said That was the condition of the legislature of that country, a fact half as much against them as has been said in their favor, will almost as notorious to all mankind as the existence of the country propose a vote and a time-and I hope they will be polite enough itself. The communication, by a mere accident at the Depart­ to do it without calling us names when they do it-and I think ifj ment, got printed, the matter was called by the minister here to they do, they will probably find their desires gratified. the attention of his Government, and the recall of our minister Mr. CANNON. Mr. President-- was demanded; and our Administration bad to accede to it as a. Mr. GALLINGER. Will the Senator yield to me for a single! · .matter of course. Our minister bad done absolutely his duty to moment?

~·· - - ..

~CONGRESS! ON AL RECORD-SENATE. MA_y 19,

Mr. CANNON. Certainly. women, the assassin of men, the crucifier of children-if it be jin­ 1\fr. GALLlNGER. Mr. President, a little time ago it was goism to hope that no longeT will we write woTds of cowardice in agreed that the tariff bill should be taken up on Monday of the chapters of American history, then 71,000,000 Americans are jin­ present week; but, through the good nature,ltake it, of the friends gues. The remaining 263,000 of our population are, some of them, of the bill largely on this side of the Chamber, a delay of another engaged in trade, in counting houses; a few of them, a very few, week was granted, and the understanding now is that it shall be thankHeaven, in newspaper offices; andafew, still fewer in nllm­ taken up next Monday. ber but, alas, greater in power, are in the Senate of the United We have had under consideration, Mr. President, a simple reso­ States. [Laughter.] lution for forty-nine days in this Senate, which requires only to 1\Ir. President, this building should be tha very temple of human be read to be perfectly understood. It was introduced on the 1st liberty, and every man in either Honse of Congress should be a day of April, and it is now the 19th day of 1\fay, and yet the Sen­ guardian of the ark of freedom's co--venant. This place should be ate of the United States, acting under those musty old rnles it has the sanctuary to which might come all those who desire refuge. had almost from its organization, is not ready to vote upon a sim­ Even pagan.'3 have recognized that right of sanctuaryr But what ple resolution after forty-nine days have come and gone. have we seen here during these two years? Supplicating, bleed­ Some of us have been found fault with because we have said ing Cuba bowing before.ns; andpy adroitness and by chicanery, there was unnecessary delay, and the statement is made by the if not by absolute opposition, we have denied to her the right of opponents of this resolution that the-y have no!J been accorded an entrance here. opportunity to present their side of the case. Why, Mr. Presi­ When I listened on yesterday and the day before: to remarks dent, there-has not been a day during those forty-nine days that a which were made heTe, I could almost have believoo myself a Senator who was opposed to that resolution might not have had witn93s of proceedings before the Spanish Corte . I was reminded an opportunity to be heard on that question. I think I can say on day before yesterday, when a plea was offered in behalf of the for the Senator from Alabama [Mr. MORGAN], who has occupied commercial interests and the conserva.tism of the United States some time-that no one else was prepared to occupy, that he would: in matters of high dutyt of something that I saw in New York a cheerfully have yielded to any Senator who desired to present his year or two ago. A great painting of the Man of Sorrows was on views in opposition to the views that the Senator from Alabama exhibition in c1 hall. The perspecti--ve had been so arranged that holds. after a minute or two of contemplation one could almost fancy Mr. VEST. I beg the Senator's pardon, but do3s he undertake that he saw the scene where on the mount Christ taught, where to ay or mean that any of the delay attending-the consideration in the garden He suffered His agony, and whereon the hill He died of the tariff bill has come from this side of the ChambeT? that we might live. When I went to leave the building, I looked Mr. GALLINGER. I do not say anything of the kind, and my at the book in which men who had come to view the painting had language ean not be contorted into meaning that; but I did mean written their sentiments. There on the open page I saw, insClibed to s1\y, Mr. President, that at the end of forty-nine days, with the by a man who is uow a member of the United States Senate these tariff bill before us, to be taken up on Monday next, we have to­ words: "0 Christ, come back; the money changers are in the day deliberately voted-and I believe my vote was the only one in temple!" On Monday. when I listened to the money-changing sen­ the negative-to leave the city on Friday morning and go down timents, I thought, ''0 Christ. come l:aek; the money changers into Virginia and spend Friday and Saturday in a pleasm·e trip. are in the temple of human liberty!" I had promised myself that pleasure; but I was unwilling tu vote We can not stand alone, we are told, Mr. President. Then we to cany out my defrires in that respect if it interfered for one sin­ have fallen into doddeTing old age. We could st;a.n

protectorate over the Island of Cuba and to hold it sacred from his mouthpiece here, but if I had been on terms of desire and OP* Spanish domination until the people are fit to govern themselves. portunity to advise, I should have said before the 4th of March I do not propose, because of that radical opinion, as some may last," The greatest right, privilege, or prerogativewhichanyPres­ term it, to vote against the pending resolution, but rather to vote ident of the United States has had since Lincoln is now with you." for it, and if one who is new to the Senate, new to the considera­ The President of the United States might have said to his fel­ tion of these great public questions in a public capacity, may be low-citizens: ''In this time, when men are shelterless and foodless vermitted to allude to the.arguments which have been advanced and ragged, it is not wise that we should have pageantry; the in­ m opposition to the resolution, I shall address myself to a few of auguration of a President is a solemn thing." The personal them. stateliness surrounding the man who would walk to the Capitol The distinguished Senator from Massachusetts thinks that by and there take the oath of office would have been more impressive the passage of this resolution we would do injury to American to the American people than all the parade, than all the display, citizens in Cuba; that if we shall declare belligerency, American which filled Pennsylvania. avenue on the 4th of last March. citi~ens resident there losing life and property will not have redress Then, if the President, immediately after inauguration, had said: against the Spanish Government. What remedy the Senator pro­ " Contemporaneous with or even antecedent to the remedy of ills poses was not distinctly stated, but it was a fair inference that the at home this nation will stop the bloodshed in Cuba," he would me sage which he would send to our fellow-citizens in Cuba would have been enshrined in the hearts of his countrymen in an unas­ be, "l!illdure, 0 suffering ones, even unto the death, and we will sailable position. There is ample opportunity for the assertion of collect damages for your estates from Spain after you are gone. Presidential prerogative. If the Senate will do its duty by the [Laughter.] You ask us for bread, for liberty, for protection, and joint resolution, and if the House shall pass it, the Pt·esident of we will give your heirs a lawsuit against a bankTupt monarchy." the United States may assert an undisputed p1·erogative. He may It certainly can not have escaped the attention of so careful a either sign or veto it, and so far as the discussion in this body is lawyer as the senior Senator from Massachusetts that the existing concerned that ought to be sufficient. situation is that which affords danger to the estates and the lives of Mr. President, there is a higher ground than even our right to American citizens. There will be but one power in Cuba with a pass the joint resolution. There is the ground of our duty to pass ~ight to protect, with a right to assail, and with the property to it. The Sena.tor whose utterances in this body concerning the pay damages, and that will be, in some day not far distant, the Army are usually accepted as conclusive tells us we are not Cuban Republic. This is the declaration of the provisional gov­ prepa1·ed for war. We a.re better prepared for war in the measure ernment of that republic in its constitution: of the generations to-day than we are prepared for that deadly, AnT. 20. The plantations and property of whatever description belonging sile.nt disintegration of the Republic which follows. fast upon cow­ to foreigners are subject to the payment of taxes for the revolution while ardice. If Spain were to declare war against us because of any their respective governments do not recognize the rights of belligerency of act of justice on our part, we would be thrice armed. Onba. We owe a duty to this hemisphere and toward all the world-a The estates, the plantations, the other property of American duty which we must pay. Above international law, above Presi­ citizens are liable to confiscation at this moment and rightfully, dential prerogative, above the-fear of war, above the commercial too. If this Republic will not recognize the belligerency of Cuba, interests of the United States, stands the immutable law of retri­ and gives her sympathy, and thereby her support, to Spain, the bution. The people of this country, the inheritors of the free visional government of Cuba has a right in law and morals to thought of all the ages crystallized for our well-being, can not , even to the point of confiscation, the property of foreigners avoid the solemn obligation which they owe. Senators may plan Emaintain the war against the tyranny of Spain. and men may plot for commercial advantage, but if we fail to I do not share the solicitude of the Senator from Massachusetts discharge the duty which we owe, behind us will stalk unerring as to citizens of this count.ry now denizens of Cuba if the joint vengeance. resolution shall pass. On that particular point of contention it is Columbus discovered America, we heard the other day. He enough forme to know that Cubans and Americans desire to have did not~ but that makes no difference to the joint resolution, ex­ the joint resolution passed and that Spain and Spanish-Americans cept by way of corroboratory argument to the idea that we owe a do not want to have it passed. Just in so far as the joint resolu­ duty to the world. What kept Leif Ericson and the Vikings from tion will give comfort to Cuba, just in so far as it will add to the making permanent establishment upon this soil? Because in the power of Cuba to resist oppression, just in so far as it will p1·event providence of Almighty God freedom had not grown to such Spain from obtaining blood money in the markets of the world, it stature in other lands as to make it desirable to open this. will answer the purpose of the American people, and I am for it. This hemisphere was held sacred through all the dt~,rk ages until I think the joint resolution will pass and that it will accomplish such time as men had developed their thought and hope so far as good, and I think that neither the tariff nor any other question possible under monarchies, and then Columbus sailed; the crimson will be pm'IDitted to prevent a vote in this body upon the joint gates of the sunset hemisphere opened wide, and there was estab­ resolution unless jingoism is dead in all other quarters besides lished here the tree of liberty which could not grow upon the blood­ the Republican contingent here. · soaked soil of Europe. It was not the jewels of Isabella which But these practical reasons failing, Mr. President, we were filled the sails of Columbus's ships. It was the spirit of God mov­ treatecl to a dissertation on international law as a reason why we ing upon the waters to make a new world, to establish man anew ,. should not vote for a joint resolution of this character. During in power and in might. In just so far as we fail in the duty which I ihe brief time I have been in this body I have discovered that we owe to mankind on this hemisphere, just so far we shall suffer every time there is an external right to be asserted by the people under that law of retribution. of the United States or a wrong to be redressed in our behalf or Mr. President, Cuba is lost to Spain. The first J?lace on which in behalf of humanity, somebody rises and with trembling voice the Italian navigator landed will be the last on which she will set and bowed frame cries out "international law." her cloven hoof. She will be banished fTom the island, and with I What is intel'nationallaw? By what national legislatures unit­ her will go the last tyranny that infests the Western Hemisphere. edly was international law written? The manner in which the If we shall do our duty, we shall aid Cuba in throwing off the subject is alluded to here might lead us to believe that the slight­ yoke. Spain has violated every treaty obligation to us. She has est act of manhoodandnational integrityonthepartofthe Uhited made war upon this country. That which she has done by one .States would call forth from the vasty deep some monster to citizen in the darkness of a dungeon she would have done by all crush the Republic in its folds. Is international law a gyve upon our citizens if she had had the power. . the hands of a republic and a sword in the hands of a tYTanny? We were told not long since that the cause of Cuban independ­ International law as used here in this discussion by its advocates ence was dead and buried. Who was the purse-bearing Judas in 1is not a barnacle; it is a hi::sing serpent, and it is the duty of the America who betrayed it to death and burial? If the Senate of Pnited States to set its heel upon the serpent's head, accoTding to the United States will rise to the wonderful opportunity now the commandment, even though we may be bruised in doing it. afforded for an asse1·tion of the dignity of Americanism, and if If international law binds us, as we were told yesterday, then it the House shall do its part, and if the President, exercising pre­ tis time for the one great nation of freedom to revise the code of rogative and right and discharging his obligation to the people international law and make the world accept it in all our relations of this country, shall sign the joint resolution, and if following to the world. Tory was once a name of honor in this land, but it them there shall be such aggressive action on the part of the soon became a word of reproach. In later generations, when people of the United States as shall serve notice on tyranny that ~hose who come after us to inherit weal or woe from what we do, faith is absolved, the American people will roll the stone from ~hall read the history of these times, perhaps they will think of the the grave away, and Cuban independence will be resurrecte.d to 1nternational lawyers of America as we now think of the Tories be mighty and powerful. as a further example to the liberty 'of one hunch·ed and twenty years ago. loving of all lands of what the Western Hemisphere can do under When the plea for international law fails, we are edified by in­ the providence of God. rApplause in the gallerie.s.J structions as to the Presidential pTerogative. The speech of the The PRESIDING OFFICER (Mr. GALLINGER m the chair). ·senator from Virginia [Mr. DANIEL] was a complete and conclu­ The Chair will inform the occupants of the galleries thatthetrules 'sive answer. Bn.t the President has a prerogative. I have not of the Senate prohibit manifestations either of approval c:r dis­ been asked, of course,. to advise him, nor have I requested to be approval, and if the offense is. repeated it will he the dttty of 1152 CONGRESSIONAL RECORD-SENATE. MAY 19, ·

the Chair, through the Sergeant-at-Arms, to have the galleries acknowledge the belligerency of the revolutionary government cleared. whether it be a civil government or a military government. I:t1 Mr. LINDSAY. Mr. President, I believed it to be the duty of the revolutionists so far submit to and support the government this Government, more than a year ago to recognize the revolution they have, as to indicate it is the government they desire, then the in Cuba as having attained the condition of belligerency, and I be-· question is, Have they an army; do they maintain and prosecute lieve if that policy had been pursued, instead of a year of cruelty war as wars are usually maintained and prosecuted? and horrors the war would have assumed the status of civilized Are 160,000 Spanish soldiers in the Island of Cuba engaged in warfare, and the world would not to-day look upon a spectacle suppressing not a belligerent power, but in an attempt to keep which horrifies every eye that is attracted to the unfortunate the peace in the island? The very statement of the proposition island. carries with it its contradiction. Talk to me about it requiring We were told the other day that it would be an idle act to recog­ 160,000 regular troops to maintain order in an island of 1,500,000 nize the belligerency of the Cuban revolutionists; that it would people, one-half of whom are confined in cities within the Spanish add nothing to their standing, and would subject the American military lines. If there benowarin Cuba, then the Spanish army people to difficulties which we ought to avoid. It will not do to is a travesty upon an army. In the history of the world there ha$ attempt to minimize the importance of such a recognition to the been no instance of a mere band of conspirators or outlaws, or struggling Cuban patriots. The American conscience will not disaffected and lawless people who could maintam1 against such accept an'Y such disposition of the question, and, besides, the rec­ an army a struggle for two years and a half, as these people have ognition of belligerency is the first great step to the ultimate inde­ done. pendence of the Cuban people. ~he condition of affairs in Cuba to-day demonstrates that th~ For nearly three years those people, without resources, have armed forces of the revolutionists, whether they be guerrillas o-r struggled against a power strong enough to have crushed any regulars, are backed by the people of Cuba. What is the condi· ordinary insurrection, and although there have been individual tion of affairs in Cuba? We have had frequent references to the expressions of sympathy, not a single power on earth has raised last Administration's want of sympathy with the Cuban move­ its voice in an authoritative way to give encouragement to the ment; yet in December last the President of the United State. struggling patriots. Let it go forth to the world that the United thus described affairs in that unhappy island: · States has recognized the Gubans as belligerents; let the soldiers The spectacle of the utter ruin of an adjoining country, by nature one ot in Cuba understand that there is one power _on earth which recog­ the most fertile and charming on the globe, would engage the e.erious atten· nizes the fact that they are making war, and that they are not tion of the Government and people of the United States in a-ny circum• stances. In point of fact, theY. have a concern with it which is by no mean$ . mere outlaws, and a new spirit will be given them, a message of of a wholly sentimental or philanthroJ?iC character. It lies so near to us all encouragement will go which will induce them to struggle on to be hardly separated from our territory. Our actual pecuniary interest against adversity until in the end their triumph shall come. in it is second only to that of the people and Government of Spain. It is re:u;onably estimated that at least from $80,000.000 to $50,000,000 ot But, independent of this proposition, is it a mere matter of form American capital are invested in plantations and in railroad, mining, anc1 to acknowledge the belligerency of the struggling revolutionists? 0ther b-..::.&iness enterprises on the island. The volume of trade between the What do the law writers, the international-law writers, say upon United States and Cuba, which in 1889 amounted to about $64,000,000, rose in 1893 to about $103,000 000, and in 189i. the year before the present insurrection this subject? broke out, amounted to nearly $96,000,000. The recognition of belligerent rights is not solely to the advantage of the insurgents. They gain the great advantage of a recognized status, and the What had been the effect upon the material interests of the Island opportunity to employ commissioned cruisers at sea, anti to exert all the of Cuba uptothetimeatwhich this message was written, and whn.t powersknowntoma,ritimewarfare,withthesanctionofforeignnations. They are the duties we owe to that people and ourselves? can obtain abroad loans, military and naval materials, and enlist men as against everything but neutrality laws; their flag and commissions are It should be added­ acknowledged; their revenue laws are respected, and they acquire a quasi­ political recognition. Slid the President- It should be added that it ca.n n9t be reasonably assumed that the hitherto Does this amount to nothing? Does this add nothing to the E)JC_pectant attitude of the United States will be indefinitely maintainecL standing of a struggling people? This acknowledgment estab­ .While we are anxious to accord all due resl_)ect to the sovereignty of Spain, lishes the quasi political character of the people engaged in the ·we can not view the pending conflict in ali It!! fe·atures, and _properly appre• hend our inevitably close relations to it and its possible results, without con• • stl·uggle. sidering that by the course of events we may be drawn into such an unusual Have we reached that point at which we may safely make this and unprecedented condition as will fix a limit to our patient waiting for recognition? Is it true, as a matter of international law, that Spain to end the contest, either aJone and in her way, or with our friendly cooperation. before revolutionists who are seeking to establish their independ­ When the inability of Spain to deal successfully with the insurrection has ence and to set up a new government shall be recognized as bel­ become manifest, and it is demonstrated that her sovereignty is extinct tn ligerents they must accomplish all, as I have heard insisted here, Cuba for all -purposes of its rightful existence, and when a hoJ)flless struggle for its reestablishment has degenerated into a strife which -means nothing that entitles them to the recognition of their independence? more than the useless sacrifice of human life and the utter destruc lion of the Is it essential that war shall be conducted according to the rules very subject-matter of the con1tict, a situation will be presented in which of civilized warfare? Is it essential that flags of truce shall be our obligations to the sovereignty of Spain will be superseded by higher obligations wJ:rlch we can hardly hesitate to recognize and discharge. exchanged? Is it essential that prisoners shall be treated as pris­ Deferring the choice of ways and methods until the time for action arrives oners of war? If it be, then the parent country can put off for all we should make them depend upon the v.reciso conditions then exi<>ting; and time the recognition by any foreign government of the belliger­ they should not be determined upon Without giving careful heed to every conSideration involving our honor and interest or the international duty~ ency of the revolutionists. Is it necessa.ry that they shall have a owe to Spain. Until we face the contingencies suggested, or the situation iS civil government, capable of administering municipal law as by other incidents imperat-ively chang_ed we should continue in the line~ though peace prevails? Is it essential that they shall show them­ conduct heretofore pursued, thus in all circumsta-nces exhibiting our obe ~ ence to the 1·equirements of public law and our regard for the duty enjoine selves able, the war ceasing, to go on and discharge all the duties upon us by the position we OCCUJ?Yin the family of nations. which a government owes to its people and to the world? A contemplation of emergenCies that may arise should plainly lead us to I maintain that such is not the law and that such was not claimed avoid their creation, either through a careles3 disregard of present duty o:r to be the law until within the last eighteen or twenty years. The even an undue stimulation and ill-timed expression of feeling. But I hav• deemed it not amiss to remind the Congress that a time may arrive when a question is, Does a state of war exist-; have the revolutionists such correct policy and care for our interests, as well as a reprd for the interest:" cohesion, such power that they have organized armies and con­ of ot:her nations and their citizelliJ, joined by considerations of humanity and ducted a war for a reasonable period of time which the parent a desire to see a rich and fertile country, intimately related to us, saved from complete devastation, will constrain our Government to such action as will country has been unable to subdue? When they ask for recogni­ subserve the intEC'rests thus involved and at the same time promise to Cuba tion as war-making power, it is not a question as to what their and its inhabitants an opportunity to enjoy the blessings of peace. civil government is or shall be in the future. It is a question That was the view of the last Administration when the last oam~ whether they have armies, whether they are able to conduct war paign was just beginning. What are the conditions now that that and do conduct war. I maintain that in almost all the successful campaign has virtually come to a close? The message which the revolutions of the world military despotism has denominated the President sent to the Senate and House the other day discloses. revolution until independence has been virtually secured. Civil The agricultural people have been driven from their homes; they government comes not in the war and with the war. Civil gov­ have been taken captive and carried into the Spanish fortresses ernment comes as a consequence to a successful war, and it is a and towns, and in the richest country the sun has ever shone misapplication of the rule to say that y~e bellige;ent shal.l never upon starvation has set in. The Spanish authorities can not feed have his belligerency acknowledged until he shatl have vrrtually their own people, and the President of the United States has asked atecomplished his independence. an appropriation to feed the 700 or 800 Americans who have suf­ What is belligerency and when has it been acknowledged by the fered in this common calamity, or else to take them out from this nations of the world? I read an extract from Abdy's Kent: scene of desolation and starvation. It has been the constant practice of European nations and of the United Now, if these conditions exist just as the rainy season has set States to "look upon belligerencr as a fact rather than a pri~ciple," hold?-ng, with Mr. Canning, "that a certam degree of force and consiStency acqrured in, what will naturally be the conditions when the next campaign by n mass of population engaged in war entitled that population to be treated commences six months hence? They will be just as they were as belligerent." six months ago: the revolutionists will reoccupy all the country If.that state of case has been established in ?he Cuban struggle, as they did when the present campaign commenced; and the then we have reached a point at which we may with propriety. campaign of 1898 will be but a repetition of the campaign of 1897. 1897. CONGRESSIONAL RECORD-SENATE. 1153

It is not whether the belligerency of this revolutionary uprising . Emancipation and independence. Emancipation has long since ought to be acknowledged, but whether the Government of the come; independence must and will follow, and it will follow United States, owing to its contiguity to Cuba and to its past his­ through our intervention, if not without it. tory so far as the Cuban people are concerned, ought not to go at It r equires to be borne in mind 1that, in so far as we may contribute to the once beyond the recognition of the belligerency and intervene to solution of these questions, this Government is not actuated by any selfish or interested motive. The President does not m editate or desire the annexa- · save the island and the people from utter destruction. tion of Cuba to the United States, but its elevation into au indep endent re­ We have made ourselves the sponsor for the Spanish title to public of freemen, in harmony with ourselves and with the other republics Cuba and the right of the Spanish Government to rule over the of America. Cuban people. In 1823 we served notice upon Europe and all the You will understand, therefore, that the policy of the United States in reference to Cuba at the present time is one of expectancy, but with positive European powers that no other power should ever own Cuba than and fixed convictions as to the rluty of the Unit-ed States. when the time or Spain, and as time progressed we gave assurance to Spain that emergency of action shall arrive. When it shall arrive, you will receive we would uphold and defend her title against any other power. specific instructions what to do. We are the sponsors for her right to govern these people, and we That was the manner in which General Grant looked at the can not shut our eyes to our duty to see that they be governed question of Cuban independence in 187 4. These are the words used and not exterminated. That is the issue we have to meet to-day. by his Secretary of State in expressing the fact thathe looked for­ It is not a mere question of belligerency. It is not a mere ques­ ward with expectancy to the ultimate independence of Cuba, and tion of temporary policy. that when the opportune mome~t should arrive his minister to We are to determine the ultimate destiny of the Cuban people. Spain would receive his proper instructions. Spain has demonstrated her incapacity or else her unwillingness vrant has passed away. A great concourse assembled the other to give these people good government, and a condition of affairs day in New York to do his -memory honor. He is but a memory has been wrought out by the inevitable march of events which to the younger generation, and yet at this late day we are still hesi­ proclaims to every people the fact that Spain and Cuba can never tating to take the second step in the direction pointed out by Gen­ live together except the one be treated as a subjugated province eral Grant twenty years ago. Emancipation and independence, and governed by the strong arm of martial law. the two together, to be the fate of Cuba. He lived to see emanci­ This great question has been considered by statesmen who· have pation. Shall not those of his own generation live to see the ulti- gone before us. In 1874, while the former Cuban revolution was mate independence of that unfortunate island? · in progress and after the Government of the United States had re­ The inability of Spain to deal successfully with the revolution fused to recognize the belligerency of the struggling patriots, Mr. has become manifest. It has been demonstrated that her sover­ Fish, in a letter to Mr. Cushing, our minister at Madrid, in dis­ eignty in Cuba "is exUnct for all the purposes of its rightful ex­ cussing the unfortunate condition of affairs, used the following istence," the hopeless struggle'' has degenerated into a strife which language: means nothing more than the useless sacrifice of human life and And, ~ieTous as this inconvenience is to the United States in ordinary the utter destruction of the very subject-matter of the conflict." times, it is more intolerable now- · ' · We are met with those higher obligations which, in the language The grievance consisted in the inadequacy of the Spanish Gov- of Mr. Cleveland in December last, "we can hardly hesitate to . ernment in the Island of Cuba- · recognize and discharge." How far we ought to go it is not for me to point out, but that · seeing that, as abundantly appears, the contest in Cuba is hE-tween peninsu­ lar Spaniards on the one hand and native-born Spanish-Americans on the we may go as far as it is proposed by the pending joint resolution · other, the former being the real representatives of Spanish force in Cuba, to go seems to me clear beyond all reasonable doubt. The recog­ and exerting that force when they choose, with little, if any, respect for the. nition of the belHgerency of the Cuban insurgents is not an act of metropolitan power of Spain. The Captain-General is efficient to injure, but It not to redress, and if disposed to redress, he may be hampered, if not pre­ war. is not an unfriendly act to Spain. vented, by resolute opposition on the part of the Spaniards around him, dis- I have had difficulties, and I still have difficulties, in regard to . ooedient alike to him and to the supreme Government. the question where this power of recognition lies. I do not agree In fine, Cuba. like the former continental colonies of Spain in America, that it is exclusively an executive power. I see difficulties in the ought to belon~ to the great family of American Republics, with political forms and public policy of their own, and attached to Europe by no ties save way of its being a legislative power. I do not concede that it is a ' those of international amity and of intellectual, commercial, and social inter· concurrent power that one branch may exercise to the necessary course. The desire of independence on the part of the Cubans is a natural exclusion of the other. It is rather a power to be ordinarily jointly . and legitimate aspiration of theirs, because they are Americans. And while such independence is the manifest exigency of the political interests of the exercised by the executive and legislative branches of the Govern­ · Cuban themselve~, it is equally so that of the rest of America., including the ment. Generally the exequtive -will take the initiative, and the United States. · legislative will go no further in advance of the Executive than to Then the prediction is made in this letter: tender its advice and to give assurance of its support in case he chooses to act. That the ultimate issue of events in Cuba will be its independence, how­ ever that issue may be produced, whether by means of negotiation, or as the I would much have preferred in this exigency that the prelimi­ · result of military o_Perations or of one of those unexpected incidents which so nary step had been taken by the Executive, but for a year and a frequently determme the fate of nations, it is impossible to doubt. If there half this question has been considered in Congress and out of it, be one lesson in history more cogent in its teachings than any other, it is that no part of America. large enough to constitute a self-sustaining state can and the Executive has failed to act. I appreciate the anomalous be permanently held in forced colonial subjection to Europe. Complete sep­ attitude of Congress in declaring a fact, stopping with the declara­ aration between the m etropolis and its colony may b~ postponed by the tion of that fact, and sending the declaration to the President, that former concedin~ to the latter a greater or less degree of local autonomy, nearly approaching to independence. But in all cases where a positive he may either approve or disapprove of it. But the joint resolu­ antagonism has come to exist between the mother country and its colonial tion goes further than to declare a fact. If it stopped merely with subjects, where the sell.Be of oppressien is strongly felt by the latter, and the declaration that a state of war exists between Spain·and those especially where years of relentless warfare have alienated the parties one from another more widely than they are sundered by the ocean Itself, their engaged in insurrection against the Government of Spain in the political separation is inevitable. It is one of those conclusions which have Island of Cuba, and therefore we recognize the belligerency of the been aptly called. the inexorable logic of events. insurgents or revolution~sts, I would say that was a very difficult This was written in 1874. In 1897 we have the same conditions proposition to deal with. That would be a mere question of opin­ more intensified than they were twenty-three years ago, and we ion with which the Executive may differ, if he chooses, and I feel had as well look the truth in the face and recognize the fact that that we would be in an awkward attitude in voting by a two-thirds the time has come when "the inexorable logic of events" declares vote, that our opinion should prevail over his. that Spain and Cuba shall separate, and separate forever. The But the joint resolution does not stop with the declaration of a only question is what steps can be with the greatest propriety fact. The declaration of fact may be omitted, and still the joint taken, how far we shall go to-dayt and how far we shall forbear resolution would provide that the Government shall occupy a to go. Owing to the situation of Cuba, lying as it does under our position of strict neutrality between the two contending powers very feet, with the fact staring us in the face that the Cubans can and treat each as it treats the other, which amounts to a rule of not live longer under the Spanish Government except as the servile action prescribed by the lawmaking power which I think will minions of military power, we have reached a point where we can govern the Executive. not longer refuse to act. Suppose we should provide that a state of neutrality shall exist I have no disposition to force the present Administration to act between these two contending forces and that we will treat them before it is ready, but I do think the Administration should under­ as equals during the continuance of the present war; then it stand, as the people understand, as the world understands, that follows that when the Cuban cruiser comes into our ports we shall the time for action has come, and that that action is to be directed treat it as we treat the Spanish cruiser. Wherever our people not to the mere temporary cessation of bloodshed which we look come in contact with those who represent the Cuban government, upon with so much horror, but to final and everlasting separation we will be bound to treat them as we would treat the representatives of the Spanish Government. This rule of action would govern not between the Island of Cuba and the Kingdom of S~ain. In this same letter Mr. Fish, spealting for the President, sa1d: only the Chief Executive of the country, but all the executive and ministerial officers of the country. None of the difficulties which , Withal the President can not but regard independence, and emancipation, have been pointed out will follow in case of· the overturning of of course, as the only certain, and even the necessary, solution of the endent of these dispatches, which we haye not had the op­ States Government to secure peace in the Island of Cuba consist­ IJ20rtumty to read, the messages of two Presidents, the message of ent with the dignity and the honor and the continued sovereignty ·J>ecem ber last and the message of May, leave no question about the of Spain in that island. - . lcondition of affairs in Cuba; and that condition of affairs, COllSid· I hold in my hand, also, part of the answer which some two 1897. c·oNGRESSIONAL .RECORD-SEN.ATE. 1155

months later was made by the Spanish Government to that com- Mr. HOAR. I shall say what I Wish to say on the general sub­ 11Jlunication. I read from it just one sentence. It is under date ject after the Senator gets tln:ough. {>f J nne 4, 1896. The answer is equally as long as the communica­ It seems to me, whetherreasonal:;ly or unreasonably, that Spain tion of Mr. Olney. In it a great many things were said which I now, a year and tln:ee months orfour months later, might entertain do not feel I should be justified in commenting upon herein public. a proposition for intervention to secure independence, or, if she did .At the conclusion of the argument he made in behalf of the posi- not, we should have some reason to .know where we stood, not­ tion Spain took in rejecting that friendly mediation, the Spanish withstanding the fact that she declined to permit the mediation \minister uses this"Bentence: of a foreign country to determine what laws she should make for In brief, there is no effectual way to pacify Cuba, unless it begins with the her subjects. · .actual submission of the arzned rebels to the mother country. Now, I conceive it would be a muah greater loss of dignity on That, Mr. Preffident, was the end, so far as I have been able to the part of the United States, if one of our States were in revolu­ discover, of the efforts on the part of our Government as a friendly tion, to permit a forei~n government to dictate or suggest what mediator. Those efforts came to naught. They came to naught laws we should pass while she continued ours than it would be to because of the rejection on the part of the Spanish Government suggest the impossibility of our longer maintaining our control at of this friendly tender. all. So, not only are the two propositions separated from eaoh Reference was made yesterday to the Republican platform in other by a year and three months of time crowded with important •.-regard to Cuba.- events, but they seem to me, with greltt deference to my honor­ Mr. HOAR. 'Before the Senator leaves that point, will he allow .able and distinguished friend, to be different from each other in tme to ask him a question? point of-acceptability to Spain. However, I will say what I have Mr. FORAKER. Certainly; with pleasure. to say about that later. · Mr. HOAR. I desire to ask -the Senator from Ohio whether the Mr. FORAKER. "I quite agree with the Senator from Massa­ tender of mediation was a tender of the good offices of this Gov­ chusetts that what Spain refused to do a year or more ago :ahe ernment to secure the independence of Cuba, or whether it was might be willing to do to-day; but is it reasonable-for we are limited to a tender of the good offices of our Government to secure to consider wllat is ·reasonable here-taking into consideration pacification there by the adoption by Spain of certain legiSlative her past history with respect -to this matter, to expect that a or other reforms? change of mind has overcome her? We must all remember in Mr. FORAKER. Ihavenotbeenhonored with the attention of this connection that when the ten years' war was in progress .the Senator from Massachusetts that I complimented myself I was there the friendly offices of this Government were tendered to ·being honored with. the end that peace might be secured, and they were then re­ Mr. HOAR. Yes; the Senator has. jected, but with the reservation that Spain appreciated the friend· Mr. FORAKER. I stated distinctly that the tender by this ship manifested towar4 }:ler ·by the United ·States, and would, if Government to the SpaniSh Government wa~ to use the good circumstances should chang-e later in the progress of that war, offices of this Government to secure peace to the Island of ·cuba avail herself of our fl"iendly offices; but the whole ten years of on terms consistent with the dignity, the honor, and the continued that fearful struggle passed, and nothing more was heard from sovereignty in Cuba of the Spanish Government. Spain. Mr. HOAR. If the Senator will pardon me, I understood it ex­ Now, in view of that fact, and in view of .themannerin which actly so; and I wish to call the attention of the Senator-because the.se friendly offices were rejected, I for one deem it entirely the Senator perhaps has not honored me with the attention-which I unreasonable to s.uppo.se that Spain would entertain with any should have deemed a very great compliment if I had received it-- more favor now than she did one year ago a tender of the friendly Mr. FORAKER. I did not know that I was bound to be watch- offices of this Government; .and I remain yet to be convinced that ing the SenatoT while I was addressing the Senate. it would add to the agreeableness,in the estimation of Spain, of Mr. HOAR. The Senator quoted what I said yesterday. this tender if it should be based on the condition of abdication .Mr. FORAKER. Yes. ·instead of a continuation of sovereignty. • Mr. ROAR. What I said yesterday was that I was inJ:avor of Therefore, to resume the ar.gnment I was making, I, for the an offer of mediation of this Government to secure the independ­ purposes of·tbe discussion in -which I intend to engage this after­ ence of Cuba. The Senator 'then, undertaking to take up what I noon, consider as beyond our right of consideration here two of said yesterday and.referring .to it, objects :to that proceeding by the recognized·methods of intervention, OT taking notice of that quoting an offer to mediate on the terms made four or five months w..hich transpire.s in another country of a ·warlike character-in­ ago or a year ago, an offer to mediate on the terms of the con­ dependence and mediation are to be-set aside. There Temains but tinued authority of Spain; and I asked him to 1·estate·the offer in the two other ways I have specified. We can take notice of that that letter, in order that he might see the distinction between my condition of things by the l'ecognition of belligerency, according proposition and the offer of our Government through Mr. Olney. to the beUigerents belligerent.l'ights, or we can intervene. It is When I said that the honorable Benator had not exactly listened my judgment, Mr. President, ;that intervention is the better, the to me, I referred to the remark which he was quoting, and not to shorte1·, the more Chris.tian-like way to settle the difficulty in what is going on now. Cuba. Mr. FORAKER. The Senator from .Massachusetts is laboring I think the time has come when the United States Government .under a misapprehension when he supposes I did not understand would be justified in saying to Spain that the proceedings which him. I-was speaking as to the four ways in which we might take have been there going on so long should, in the name of civiliza- notice of the fact that there was a disturbance, not to use the term . tion, in the name of .humanity, as well as because of their de­ war, in Cuba at this time. I had spoken of the fact that inde­ structive infiuencefl upon our interests, come to a stop, and come Jtendence was not to be considered, for the reasons I gave. I was to a stop immediately. That is what I think. [Manifestations of just now speaking of the fact that :mediation was not to be con­ applause in the galleries.] sidered properly, because that effort had been made and had been But, Mr. .President, the author of this resolution has not seen xejected. .fit to go so far. Ee has simply proposed by this resolution-that I have appealed to the record to sustain me in that respect. we shall recognize the belligerent rights of the contending Cubans. What is it the record shows-the letter of Mr. Olney and the That does not necessarily involve war. The insurgents in Cnba answer thereto? It shows that what this Government offered to have no right to demand of us that we give them this recognition, do was to in-tervene as a friendly mediator, to secure a peace con­ and, on the other side, Spain has no .right to compmin of our sistent with the honor, the dignity, and the continued sovereignty action. if we see fit to give it to them. It is an action, Mr. ·Presi­ of Spain in Cuba. Does the Senator from Massachusetts suppose dent, which is ·to be taken at our optiou, having regard to our own that the Spanish Governm-ent, having rejected that pl'oposition, interests, whenever circumstances are such as to justify us in do­ would entertain one now based upon the proposition that we ing so; and when I say whenever circumstances are such as to should become a friendly mediato1· to secure peace on condition justify us in doing so, I mean justify us undeTinternationallaw­ that the Island of Cuba should be given independence? the international law applicable to .such a case. Mr. HOAR. 1 do. What are the conditions, ·Mr. PresiClent, that will justify us in Mr. FORAKER. You do? You think Spain would entertain adopting th~ joint resolution l'ecognizjng the belligerent rights of more favorably a proposition that.she should abdicate than that she the Cubans? Accoraing to all international text writers two con­ ~hould continue sovereign? l submit to SenatoTs that I need not ditions precedent must coexist. There must be in the first place dwell upon the idea I .am .seeking to advance, that the greater in­ war in the international sense, and in the second place we .must cludes the less, and that, if Spain would not entertain a proposition have rights or interests _prejudicially affected by that war, and if ~ontinuing her sovereignty, we could not expect her to entertain there be war and if our rights and interests be prejudicially af­ 1.}> proposition based on a condition precedent of abdication of fected, then the only remaining question is one of expediency. auth01ity. Is it expedient to do it? Is it to our interest to do it? Mr. HOAR. .If the Senatorwillpardonmeonemoment, I shall I propose, in the first place, to show that there is war in Cuba not interrupt him again-- within the meaning of..intermrtionallaw applicable to such .a c~mo. Mr. FORAKER. I shall be delighted to have the Senator inter­ I hadnot .su_pposed until I hear.d the O.isc ussions ·in -this·Oha.-m ber IJ'Upt me at his pleasure. that it w~ necessaryrto -read .ou1; of law'books :nn iha:t'Pl'o_po.sition, .1.156 CONGR-ESSIONAL l~ECORD-SENATE . MAY 19,

but inasmuch as that seems to be a necessity, I desire to call at­ that the insurrection, instead of being quelled, is to-day more formidable ~ban ever and enters upon the second year of its existenr..e with decidedly tention to what is said on this subject by one of the ablest of the. Improved prospects of successful re3ults. Whether a condition of things writers on international law. I read from Professor Pomeroy's entitling the insurgents to recognition as belligerents bas yet been brought book on International Law at section 230, page 287. After re­ about may, for the purposes of the present communication, be regarded as viewing other text writers who had written on that subject pre­ immaterial. viously, and after distinguishing their various views, he then, as a Then he passes on to say that it is the desire of this Govern­ summing up of the whole argument and as a statement of the con­ ment, as I have stated, only to interpose as a friendly mediator; dition necessary to conetitute war in its international sense, says: but he does not say, on the contrary, by implication-he plainly This, then, is the sole criterion. The measures which the parent state says the oppos\te-that a condition of war does not exist, one that uses to repress the rebellion must be something more than the m·dinary civil would justify this Government in the recognition of belligerent means of arrest and punishment; more than the aid of the civil officers by­ . the posse comitatus; more, even, than the aid of the civil power by the mili­ rights. Now, that was the warlike condition of the island one tary. The civil means must be for a while suspended, and all coercive efforts year ago, when the Secretary of State spoke on the subject, and must be made by the military arm. spoke from official information. _ On the other hand. the resistance of the insurgents must be something more than the energies of a tumultuous mob or of unorganized multitud~s. The I now have in my hand all that I am allowed to have under the very idea of the resistance amounting to war does demand that the insur­ limitations and restl·ictions which have .been imposed upon us gents should occupy some territory which they claim as their own, and over with respect to the information that has been given the Commit­ which they exercise some jurisdiction; that these msurgents should be organ­ ized into some form of political society, acknowledging some government that tee on Foreign Relations, but it is sufficient to show that all the exercises over them supreme authority. But it can not be necessary that then Secretary of State said is true, only in a stronger degree at pressed seemed reasonable and probable. In this particular you believed, and sincerely believed, that the present insurrection would offer a most army of veterans, is armed chiefly with repeating rifles; that it is marked contrast to that which began in 1868 and which, being feebly en­ organized not only into companies, but also into regiments. bri­ countered with comparatively small forces, prolonged its life for upward of gades, divisions, and corps, thoroughly oftlcered and thoroughly ten years. disciplined. th!ts~J>~r~~~ef!Jl ~~~~9~~~~j~t!~fJ~~i~U:r~f;t;na\r~~:i!r~ b~~ ~n Not only that, but they tell us further that the troops and the most disinterested observers as well, have been completely disappointel The insurgents seem to-day to command a larger part of the island than ever insurgents throughout the island are to-day 'not only stronger, before. Their men under arms, estimated a year ago at from ten to twenty but that they are more encouraged, more hopeful, more deter­ thousand, are now conceded to be at least two or three times as many. mined on ultimate and triumphant success than ever before in Meanwhile, their discipline has been improved and their supply of modern the history of the insurrection. weapons and equipment has been greatly ~nlarged, while the mere fact that the_y have held out to this time has given them confidence in their own eye!} Mr. WHITE. Will the Senator from Ohio yield for a question? and prestige with the world at large. In short, it can hardly be questioned Mr. FORAKER. Certainly. 1897. . CONGRESSIONAL RECORD-SENATE. 1157

Mr. WHITE. The Senator from Ohio is a member of the Com­ Mr. ELKINS. Are you afraid to assemble those facts -~d mittee on Foreign Relations. I desrre to ask him whether it is put them before us? This is a great transaction. The world contemplated to give to the Senate the information to which he IS looking on. We are asked to vote without a fact in the world alludes, and which he now says he is prevented from disclosing being submitted. We are asked to vote upon what Senators on because of an injunction of secrecy imposed, presumably, by the the Foreign Relations Committee learn by going to the State De­ State Department. · partment. Hid away in a room, they get the facts, and, slipping Mr. FORAKER. If I had my way about it, I would give it to out, they come to the Senate and dole out this information, and the world before to-morrow morning. [Applause in the galleries.] then say "filibuster" if we do not vote right off, blindly and with­ The PRESIDING OFFICER rapped with his gavel. out the facts. Mr. FORAKER. But what will be done about it further I do Mr. FORAKER. The Senator should not use the term "fili­ not know. I know simply that we are possessed of certain infor­ buster" with respect to myself. mation, controlled by certain limitations and restrictions, and Mr. ELKINS. I have heard that word used. beyond that I can not state, except as I have already stated in the Mr. FORAKER. I am on the side that is a-sking the reference progress of this argument, that I have been informed by the State of the joint resolution to the committee. The Senator from West Department that they are now engaged in the work necessary to Virginia certainly could not have been in the Chamber listening enable the State Department to comply with the resolution of the during the whole of my remarks. What I said at the outset was Senate requesting all the correspondence on the subject. that I had not pm·posed to speak on this question until a vote had Mr. WHITE. I merely wish to call attention to what I con­ been taken upon the motion to refer, and if the resolution shall be sider to be the right of the Senate to any information possessed referred, as I have hoped it might be, it is my purpose then to by its Committee on Foreign Relations. Of course, as to whether speak in support of the report we may make. I said I desired a it is to be disclosed in executive session or publicly is an entirely reference in order that the matter might take the usual course and different matter. I think we ought to have the information, so in order that we might present to the Senate the facts which I am that we may judge for ourselves, as the Senator is able to judge giving now, not by way of report from the committee, but as a for himself, with respect to the facts. Senator in the discharge of my duty. Of course the Senator is Mr. FORAKER. I think so, too, and I will not for a minute not bound to accept any statement I maymake, but he should not stand in the way of the Senate having it in executive session or become irritated about it when he has the delicious privilege of otherwise when the proper time comes. But I am not the judge, t·ejecting it. rLaughter.] and I have not any disposition to criticise anybody who is a judge, Resuming my argument, I a-ssume that the first of the two con­ of what should be done or what is to be done in that respect. ditions precedent to the recognition of belligerency, namely, the I can only give the Senator the benefit of what information I existence of war, does exist. , have. Now, the next question is whether or not the rights and th~ in­ So, therefore, without pursuing the matter further, I think we terests of the United States are so prejudicially affected thereby are safe in concluding that there is war in Cuba. As was said by as to justify us in taking any notice of it. All text writers are the senior Senator from Kentucky [Mr. LINDSAY], when speaking agreed that if there be rebellion in a country with which we have a few minutes ago, the Spanish Government bas sent into that no transactions, or a rebellion that does not in any way whatso­ island for the suppression of the insurrection, as they call it, nearly ever affect us, there would be no justification in our taking any 200,000 drilled and disciplined veterans of the Spanish anny, a note of it; but, on the other hand, all text writers are in accord greater military force than the combined armies of Grant and Lee that when we do have rights and interests that are prejudicially in the battles of the Wilderness, and yet we are told that it is a affected, it is not only our right, Mr. President, but our duty to debatable question whether or not there is war in Cuba. act, and to act seasonably, in the language of the text writers. I am not speaking about the effect upon this question of the ac­ The question is whether or not our interests and rights are tion already taken by the Executive. Surely it is not a condition affected. of peace that prevails in an island only 90 miles distant from our . Let me recur to an authority which those who are oppos­ shores when six: to eight hundred American citizens, in company ing the resolution of the Senator from Alabama should not dis­ with thousands of the natives of the island, are impounded pute. I read again from Secretary Olney. I read from him now like so many cattle, there to be literally and purposely starved to as to the interests of the United Staws which are affected by the death. war. He says: Mr. ELKINS. Let me ask the Senator from Ohio where is the The situation th:us described is of great interest to the people of the United proof of the fact that they are impounded? - States. They are mterested in any struggle anywhere for freer political in­ Mr. FORAKER. The proof of that fact is on file in the State stitutions, but necessarily, and in special measure, in a struggle that is rag­ Department, and it was upon that information that the President ing almost in sight of our shores. They are interested. as a civilized and Christian nation, in the speedy termination of a civil strife characterized by acted when he sent the message. exceptional bitterness and exceptional excesses on the part of both combat­ Mr. ELKINS. We do not know it officially in the Senate. ~ ants. They are interested in the. nonint.erruption of extensive trade rela­ Mr. FORAKER. I tell it to the Senator officially. tions which have been and should continue to be of great advantage to Loth countries. Mr. ELKINS. We do not take it from you officially .• We do They are interested in the prevention of that wholesale destruction of not take facts from another Senator. Each Senator has his rights property on the island which, making no discrimination between enemies here-- and neutrals, is utterly destroying American investments that should be of immense value and is utterly impoverishing great numbers of American citi­ Mr. FORAKER. Certainly. zens. On all these grounds and mall these ways the interest of the United Mr. ELKINS. Equal as to every other Senator. States in the existing situation in Cuba yields in extent only to that of Spain ' Mr. FORAKER. It is in the message. herself, and has led many good andhonestpersonstoinsistthat intervention Mr. ELKINS. What message? It does not say they are im­ to terminate the conflict is the immediate and imperative duty of the United pounded. to be starved to death. The President of the United States. States said nothing of the kind. The Senator from Ohio said And then he goes on to say that he does not now propose to that. discuss the question of intervention, but only the question Mr. FORAKER. I will say it to the Senator, and he can go to whether they will permit the United Stat.es .to act as a friendly the State Department and ascertain it, as I have done, or he can mediator. wait until the State Department sends it here. If he has any But, Mr. President, not to detain the Senate unduly, if I have compunction about receiving it at my p.ands, he is not;-. bound to, talked to any purpose thus far, I have shown that war exists by I suppose. But I state it as a Senator who obtained his informa­ authority that no Senator has a right to question, because it is tion in the performance of a duty. official; and I have shown, also, that interests and rights of the Mr. ELKINS. Let me ask one other question. Will the Sena­ very highest character, property rights, commerce rights, the tor pardon me? right to life and liberty, all are prejudicially affected by the war Mr. FORAKER. Certainly. that is proceeding in Cuba. If these things be established, then l'tlr. ELKINS. Does each one of u.'! have to walk up Pennsyl­ there remains, as I said a while ago, but one further general ques­ vania avenue to the State Department, be admitted there, with tion, and that is whether it is expedient for us to adopt the pend- the bli:cds pulled down, while the Secretary of State tells us to ing resolution. . hush, and have to come back to the Senate and get up and pro­ When we come to the question of expediency, it is, a.ccording to claim that we have these facts? Is that the way we get facts from the text writers, more a question of politics than of international the State Department or from the Executive? law, but it is one of those political questions that international Mr. FORAKER. I have not been a member of the Senate long law deals with. Being a question of expediency, it is right and enough to give the Senator from West Virginia the informa­ proper that we should answer (for in that lies the whole contro­ tion. versy) tb~ question propounded by the senior Senator from Mas­ Mr. ELKINS. Why do you not report those facts as all other sachusetts [1\fr. HoAR] when, yesterday at the conclusion of the resolutions or bills are reported upon from the Foreign Relations ad9.ress of the Senator from Illinois [Mr. MAsoN], he made Committee? You belong to the committee. You have facts that an inquii·y as to what would be the result. _ I can not give his I do not have. language exactly, but he is watching me so intently that I Mr. FORAKER. Yes. bAlieve I will read it. I said he put it as an inquiry. He did -

i158 . CONGRESSIONAL REGORD-SENATE. MAY 19, not. He put it as a statement of his opinion as to the result. In other words, Mr. President, there could be no question here Be said: as to whether clothing on board the ship was contraband goods of The only effect pf that resolution- war, as has so frequently been discussed as to character of an article of that kind when found by the exercise of the right of Referring to the joint resolution of the Senator from Alabama­ search. Nothing is contraband of war except only arms and mu­ . which is to be interpreted, and must ba. and is meant to be, by ''that an~ient nitions of war, to state it concisely. barnacle, international law"- Now, it is true that just so soon as we recognize the belliger· It is fair to the Senator from Massachusetts that I should say ency of t?e insur~ents, if we do, Spain will have the right to hail that is a quotation [laughter]- and detmn our ships until she may have examined the ship's papers to d~termine whet~er there are any oont_raband goods on board is that it declares that while the present condition of things continues Spain may search our ships a.t sea at her discretion and that our citizens on that destined to the belligerents. I quote upon this subject from Law­ island who suffer from lawlessness there shall have in the future no remedy rence, upon The Principles of International Law a book very or r ecompense against Spain whatever; and that is the whole of it. recentl.J:' issued, but o.ne that i~ v~ry ably written. Having spoken of the r1ght, and stating that 1t 1s the duty of the ship desiring to I· In other words, Mr. President, we are told that the legal results and consequences that will flow from the adoption of the resolution exercise the right of search to hail the merchantman, the author will be, first, a right of search conferred upon the Spaniard with proceeds: . - respect to our merchantmen on the high seas, and, secondly, a re­ Assuming that the summons of the belligerent cruiser is obeyed the next lease of Spain from liability to make reparation. step taken by her commande:;- ~s _to sen? an officer in uniform on board the vessel to be sea~ed. The VlSlting officer. should question the master of the Mr. HOAR: From the acts of the insurgents. vessel and ~x.amm~ he~ papers. If any ~cumstances of suspicion are re­ Mr. FORAKER. Now, let me speak briefly upon that point. vealed by his exammation, but not otherwise, he is at liberty to call his boat's It is tru~ that thes~ a~·e two of the consequences that would result, crew on board and order them to make a thorough search of the vessel Should the search confirm th~ su3pieions. the commander of the cruiser may but not m the unbm1ted extent stated by the Senator. It is true take J?OSsession of the ship, secm:e her pap~rs, and hold her master and crew that from the moment the joint resolution is adopted and s:igned as pnson.ers. J?ut throughout his proceedings he is bound to nse courtesy by the President, and thus given effect-from the moment there is and consideration, and to carry on the search with as little disturbance as possible of the int.erio:;- economy or navigation of the suspected vessel. recognition of belligerency, in other words-we do release Spain The regular co~rse.lS 0 send her to the most accessible prize court of his from liability to make reparation to us for losses incurred by own state for adJudication. If the grounds on which the capture was ef­ American citizens in that island because of the acts of the insur- fe.c~ turn ont to be good, condemnation will ensue, and the captors will gents. · receiVe the proee~ of the ~e of the captured property in the form of prize money. l~ theeVIdenceagainstthe_vesselis notconclUSiveinspiteof ciroum­ That is true. But, Mr. President, I do not regard that as a s~nces of JUSt and reasonable ~usp1cio~, she will be released, but her ownera serious loss. I have been to the State Department upon that sub- will have to ~ear theexpense.of detentiOn and delay. But if the capture was - ject as well as others. I find in the State Department, as any Sen­ effected on f!1volous and fooliSh grounds, the officer responsible for it will be ator can find, that claims are piled up there amounting to many condemned m costs and da;mages. millions, preferred by this Government against the Spanit:;h Gov­ In other words, 1\!r. President, there is no liability to the riaht ernment in behalf of American citizens in Cuba whose property of search upon the part of any American merchantman who d~Es · in Cuba has been destroyed by the insurgents. I find, further­ not carry contraband of war, and there is no contraband of war more, that in each and every insta.nce of the presentation to the under the treat_Y.between the United States and Spain except only Spanish Government of such a claim there has been a long, pro­ arms and murntions of war, and the arms and munitions of war longed diplomatic correspondence, winding up in the end, without that are contraband under that treaty before the merchantman an exception, in every ease, with a flat final repudiation by Spain shall be subjected to liability to the right of search shall be shown of the claim and a refusal to pay it. to be d~ed to the i'nsurgents. When there is this right of To begin with, therefore, Spain does not recognize any such s~arch, if there be ~o contraband on board there is not anything claims. In the second place, it is a fact notorious to all that if she disagreeable about 1t . It IS the delay of only a few minutes. In­ did recognize them she is not able to pay them. I do not think ternational law says the officer boarding the American merchant­ _there is much loss in releasing Spain from liability to make repara­ man will have to be considerate and courteous, and I think he tion to American citizens. On the contrary, Mr. President, I say would be. · it in all seriousness, I would rather have the obligation of the in­ Mr. ELKINS. May I interrupt the Senator from Ohio? surgents of the Republic of Cuba than the obligation of Spain. .Mr. FORAKER. With pleasure. · [Applause in the galleries.] . Mr. ELKINS. How long do you think you could avert war if 'l'he PRESIDING OFFICER. The Chair again reminds the you allowed the Spanish Government to overhaul one of our mer­ occupants of the galleries that a violation of the customs of the ch.ant ships a~d have her exami~ed, and ~ertainly if they made a Senate in making manifestations of either dissent or assent will nnstake? W1th all the war feelmg ther-e 1s in the Senate and out be followed by the clearing of the galleries. Those w.ho occupy of the Senate, I tell the Senator he invites us to.this very result of the galleries will please bear this in mind. war. · Mr. FORAKER. Now, as to the other disagreeable result that Mr. FORAKER. Certainly not. would flow from this action. We are told; as though it was some Mr. ELKINS. It follows logically, when we recoanize bellig­ terrible thing, that a recognition ·of belligerency would instantly erency, that Spain has a right to search our ships, and that means confer upon Spain a right of visit and search of American mer­ war, and that is the way to bring on war, too. chantmen upon the high seas. That is true. But what is this Mr. FORAKER. If the record were to show that there are right of search? Is it, as the Senator from Massa-chusetts yester­ 190!000 armed men in Cubaconstit~ting the insurgent army·and.a day said, a right that is to be exercised without limitation; that, c1vil government as firmly estabhshed as was the civil govern­ to give his own language accurately, "Spain may search our ships ment of the Southern Confederacy in its capital at RichmQnd, the at sea at her discretion?" Senator would yet say, " We will not recognize belligerency be­ No, Mr. President; according to international law no such right cause the right of search will be conferred, and that means V:ar." as that is conferred upon Spain. The right that is conferred upon . Mr. ELKINS. But, if the Senator will allow me, there is no Spain is the right to hail, to stop, to board, with one officer in the p_roof before the Senate proving it in the way you say, by informa­ fu·st instance, any merchantman of our country traveling on the tion from the State Department, that there is any hundred thousand high seas, respectfully to 1·equest an examination of the ship's men firmly established and intrenched as was the Southern Con­ papers, and make such other examination, the character of which federacy:"' A comparison between Cuba and the Southern CQn- is well described in all internationalla w,. as may be deemed neces­ federacy is a travesty. · sary to determine whether there are on board that ship any con­ Jlli·. FORAKER. I have not said there are 100,000 men in the traband goods of war. What are contraband goods of war? Cuban army-I was illustrating-but there are 40,000 men in that In the absence of any specific naming of contraband goods, such army. The Senator is bound to accept without question the offi­ as is customary in treaties between countries, there is much dis­ cial statement of officers of this Government. I have rea.d to him cussion in the authorities as to what are contraband goods of war. here in open Senate in the course of these remarks the offidal statements of the Secretary of State made more than a year ago But in the treaty between this country ana Spain we are told what 1 are contraband goods of war. I read from the treaty between and I have read to him an extl·act from an official statement thall Spain and this country of 1795, Article XVI: has been confirmed over and over again, as he can learn by a. recurrence to the files of the State Department. This liberty of navigation and commerce- Mr. CHANDLER. Mr. President, will the Senator from OhiG Which in preceding sections has been described- allow me a moment? · This liberty of navigation and commerce shall extend to all kinds of. mer­ Mr. FORAK~R. Certainly. chandizes, excepting those only which are distinguished by the name of con­ Mr. CHANDLER. I should like to inquire of the Senator from traband; and under this name of contraband or prohibited goods, shall be comprehended arms, great guns, bombs, with the fusees, and other things West Virginia where he obtained the facts upon which he voted pelonging to them, cannon-ball, gunpowder, match, pikes, swords, lances, a year ago, upon the yeas and nays, for a resolution in exa-ctly the speards, halberds, mortars. petards, granades, sa.lpetre, muskets, musket­ -same terms as the resolution now before the Senate? ballB, bucklers, helmets, breast-plates, coats of mail, and the like kind of arms proper for arming soldiers, musket-rests, belts, horses with their furni- Mr. ELKINS. I had some assurances that I found out were ture, and all other warlikQ instruments whatever. · not true when I investigated the facts. They were newspaper 1897. CONGRESSIONAL RECORD-SENATE.. 1159

reports, I will tell the Senator from New Hampshire; they were belligerency. I will tell the Senator from Massachusetts. The not facts which were brought into the Senate. Now, what do we first result will be the substitution of international for municipal appeal for and beg foT? If the Senator from Ohio will allow me, law to govern all who are interested in Cuba while they are here I Will state that the Senator from Massachusetts [Mr. LODGE] got in the territory and in the jurisdiction of the United States. up here on behalf of the Committee ·on Foreign Relations and Mr. WHITE. Mr. President-- begged that the resolution be referred to the Committee on Foreign Mr. FORAKER. I will tell it to yon in a plainer way, if you Relations, that we might have a report. Now, report the factl3, if will- bear with me a minut-e. The insm·gent in Cuba to-day, in you have got them. A Cuban officer belonging to the insurgents the absence of the recognition propo3ed by this joint resolution, is says that the facts are not the same that they were a year a-go; but a traitor on J::,md and a pirate on sea. He is shot like a dog that there have been great changes. when eaptm·ed on shore, instead of being treated as a prisoner of Mr. CHANDLER. Then the Senator has changed his mind war. If they had a battle ship, and he were on her and capture~, since a year ago? he would be banged at the yardarm as a pirate. And here in our Mr. ELKINS. I have not said I did; not at all. And, Mr. country be is known only as a violator of our municipal law, and President, allow me to sa-y this is the hardest way I ever heard to denied all recognition under the la.w of nations. Recognition will prove a war. We know that there is a war going on between change all this. Let me particularize further. Turkey and Greece. Every such case as this is to te determined by its particular Mr. FORAKER. How do you know? facts. There are to-day hundreds of American youths in the insur­ Mr. CHANDLER. How do you know it? gent army: One of them, captured with a gun in his hand, taken Mr. ELKINS. It is all over the world. But here you twist in battle, is, like the Cuban insurgent, but a traitor to be shot in the President's message for relief. One Senator argues it in one his tracks. When this Government refuses to recognize belliger­ way. Another Senator says, "I have been admitted into the ency, great and mjghty and powerful as it is, i~ is absolutely with­ sanctum sanctornm of the State Department, and I have got it; out the power to protest against it; but when we shall have rec­ you must take it from me; and if yon do not want to take it from ognized belligerency, we have in-vested this Government with me, yon must leave jt alone." Wb.ere are the facts? power to say that a man fighting for human liberty, for national Mr. FORAKER. I hope the Senator from West Virginia will independence, taken in the line of duty, with arms in his hands, not interrupt me further with a mere repetition of questions that gallant and heroic, shall be treated as a soldier engaged in legiti­ .I have answered two or three times already. mate war, and shall be accorded all the rights and privileges that The PRESIDING OFFICER. The Senator from Ohio declines belong to prisoners of war captured in battle. to yield further. The Chair will suggest to Senators that under So, while it is true that Spain gets the right of search, and gets the rule they can only interrupt a Senator on the floor by asking release from further obligation to us, yet it is also true that this permission through the Chair. The rule will be observed in the act puts the Cuban cause on a ]ljgher plane; the Cuban .Republic future. at once takes a place among the nations of the earth; the soldier Mr. FORAKER. Now, referring to the statement made by the of that republic is henceforth engaged in legitimate war; taken in ·Senator from Massachusetts rMr. HOAR] yesterday, that the whole battle, he is entitled to be treated as-a prisoner of war. result of a recognition of belligerency was to confer upon Spain Furthermore, comes this result to us as a people: It puts us in a the r:ight of search and release her from liability to make repara­ porition of neutrality. We are not in a position of neutrality now. tion, that and nothing more, to -quote his exact language, I desire Every Cuban who comes into this country comes here subject to to call attention to another fact. Wb.at, Mr. President, is the the municipal regulations to which I have referl'ed. He comes .. ~ttitude of this Government toward the insurgent Cubans now? under the surveillance of this Government until, as in many cases It is one of absolute refusal to give them any recognition what­ that have occurred, he is arrested and brought to trial; but no ever. We as .a Government know only one people, one Govern­ Spaniard is under any such surveillance, because our municipal ment, one authority on the Island of Cuba. That being the case, code only prohibi~ tlrose things and makes them unlawful which when a Cuban comes into this country, I would say to the Senator are done in hostility to a recognized powe1· with which we are on fromMassachusetts,ifhecomestoactwithrespecttoinsurgencyin friendly relations. Therefore it is that there is an important con­ Cuba, he comes here subject to the municipal laws of the United sideration here to \vhich I wish to call attention. We are not a States. The policing of onr seacoa£t that was referred t-o by Sen­ neutral power now as between these belligerents, but the very ators in the debate yesterday was in pursuance of and in recogni­ moment we recognize belligerency we become absolutely neutral tion of that fact and in accordance with the proclamation of the according to all international law. President of the United States. What does becoming neutral mean? It means that we have I desire to call attention in this connection to the proclamation recognized the Cuban Republic as a friendly power, that we are issued by Mr. Cleveland, as President, June 12, 1895, and to read at peace with that power, and that we can proluoit, as in violation a part of it. He said: of mrr municipal law, schemes set on loot in the United States in Whereas the Island of Cuba is now the seat of serious civil disturbances hostility to Cuba. as we now can only schemes set on foot in the accompanied by armed resistance to the authority of the established Govern­ United States in hostility to Spain. ment of Spain, a power with which the United States are and desire tore­ main on terms of peace and amity; and Another thing-! might stand here and dwell upon this almost Whereas the laws of the United States prohibit their citizens, as well as without limit-in all this matter there is something of higher all others being within and subject to their jurisdiction- concern to me, something that appeals to my conscience more " All others" are the Cubans- than anything else that has been adverted to in this debate. Do from taking part in such disturbances adversely to such established Govern­ you not think it time fm· the United States to cease to police her ment- country and enforce her municipal regulations in the interest of That is, our municipal laws prohibit Cubans from comin&" here Spain? Is it not time for us to take a position of absolute n~n­ ;:tnd being kept from taking part adversely to the auihonty of trality? What do we do by this? We do not make war on Spain; Sp.ain- we simply say we will have nothing more to do with your war; by accepting or exercising commissions for warlike service against it, by we will put the contest on the high p1ane of legitimate warf.are, eruistment or procuring others to enlist for such service, by fitting out or .and there leave you to fight it out. arming or procuring to befitted out and armed ships of war for such service, What is the consequence to us? The consequence to us, .Mr. by augmenting the force of any ship of war engaged in such servic~ and arriving in a. port of the United States, and by setting on foot or providing President, is that we at once cease a responsibility for that which or preparing the means for military enteriJrises to be carried on from the ha£ shocked and horrified all Christendom. The United States Uruted States against the territory of such Government- has not any right in a moral point of view to stand longer a quasi The Government of Spain- copartner with Spain·in the conduct of this brutal and atrocious Now, therefore, in recognition of the laws aforesaid and in discharge of war. The time has come to pnt an end to it. It is another" cov­ the obligations oftbe United States toWRrd a friendly power, and as a meas­ enant with sin and league with hell," and, for my part, by no ure of preca.n.tion, and to the end that citizens of the United States and all others within their jurisdiction may be deterred from subjecting themselves word or speech or act or vote of mine shall the unholy alliance to legal forfeitures and penalties, I, - longeT continue than until this resolution comes to be voted upon Do command that you do not do these thing.s so prohibited-not by the Sena.te. rApplause in the galleries.] taking the time to read the proclamation through to the end. The VlCE-PR:ii:SIDENT. Order must be preserved in the gal­ Now, the laws to which he refers, in pursuance of which he leries. makes the proclamation, are entitled our neutrality laws, .and they APPENDIX. will be found at section 5281 of our Revised Statutes et sequitur. DEPARTMENT OF STATE, Washington, .April4, 1896. SIR: It might well be deemed a. dereliction of duty to the Government of If you will recur to t,hose sections and read them, you will find the United l:)tates, as well as a c~nsurable waut of candor to that of Spain, if that the prohibitions are throughout against any action being I were longer to defer official expression as well of the anxiety with which taken by anybody in this country that is in the nature of hostile the President regards the existing situation in <....'nba..as of his earnf!st desire for the prompt and permanent pacification of that island. Any plan giving action against the Government of Spain in the Island of Cuba. reasonable assurance of that result and not inconsistent with the just rights I answer again the inquiry made by the Senator from Massa­ and reasonable demands of a.ll concerned would be earnestly promoted by chusetts yester.day. Yon will remember what it was. He ap­ him by all means which the Constitution and laws of this country p.lace.at his disposal. pealed to the Senator from Illinois to know what earthly benefit It is now some nine or ten months since the nature and :prospects of tne icould result to the insurgents of Cuba .fr.om a recognition of their 1n.sm:rectian were fust discussed between us. In explanation of its .rapid

. 0 1160 CONGRESSIONAL RECORD- SENATE. and, up to that time, quite unopposed growth and progre~J you called atten­ that a war of races would be precipitated, all the more sanguinary for the tion to the rainy season which from May or June until .L'lovember renders discipline and experience acquired during the insurrection, and that even if regular military operations impracticable. Spain was pouring such num­ there were to be temporary peace, it could only be through the establiShment1 bers of troops into Cuba that your theory and opinion that, when they could of a white and a black republic, which, even if agreeing at the outset upon a. be used in an active campaign, the insurrection would be almost instantly division of the island between them, would be enemies from the start, and suppressed, seemed reasonable and probable. In this particular you believed, would never rest until the one bad been completely vanquished and subdued and sincerely believed, that the present insurrection would offer a most by the other. marked contrast to that which began in 1868, and which, being feebly encoun­ The situation thus described is of great interest to the people of the tered with comparatively small forces, prolonged its life for upward of ten United States. They are interested in any struggle anywhere for freer polit­ years. ical institutions, but necessarily and in special measure in a struggle that is It is impossible to deny that the expectations thus entertained by you in raging almost in sight of our shores. They are interested, as a civilized and the summer and fall of 1895, and shared not merely by all Spauiards but by Christian nation, in the speedy termination of a civil strife characterized by most disinterested observers as w ell, have been completely diRa.ppointed. exceptional bitterness and exceptional excesses on the part of both combat­ The insurgents seem to-day to command a larger part of the island than ever ants. They are interested in the noninterruption of extensive trade rela­ before. Their men under arms, estimated a year ago at from ten to twenty tions which have been and should continue to be of great advantage to both thousand, are now conceded to be at least two or three times as many. countries. They are interested in the prevention of that wholeRa.le destruc­ Meanwhile, th(tr discipline has been improved, and their supply of modern tion of property on the island which, making no discrimination between weapons and equipment has been greatly enlarged, while the mere fact that enemies and neutrals, is utterly destroying American investments that should they have held out to this time has given them confidence in their own eyes be of immense value, and is utterly impoverishing great numbers of Ameri­ and prestige with the world at large. In short. it can hardly be questioned can citizens. that the insurrection, instead of being quelled, is to·day more formidable On all these grotmds and in all these ways the interest of the United States than ever, and enters upon the second year of its existence with decidedly in the existing situation in Cuba. yields in extent only to that of Spain her­ improved prospects of successful results. self, and has l~.d many good and honest persons to .insist that inte-rvention Whether a condition of things entitling the insurgents to recognition as to terminate'the conflict is the immediate and imperative duty of the United belligerents has yet been brought about may, for the purposes of the present States. It is not proposed now to consider whether existing conditiQns communication, be regarded as immaterial. If it has not been, it is because would justify such intervention at the present time, or how much longer they are still without an established and organized civil government, having those conditions should be endured before such intervention would be justi­ an ascertained situs, presidmg over a defined territory, controlling the fied. That the United States can not contemplate with complacency another armed forces in the field, 3nd not only fulfillin.,. the functions of a regular t.en years of Cuban insurrection, with all its injurious and distressing inci­ ~overnment within it.<~ own frontiers, but capabYe internationally of exercis­ dents, may certainly be taken for granted. mg those powars and discharging those obligations which necessarily devolve The object of the present communication, however, is not to discuss inter­ upon every member of the family of nations. It is immaterial for present vention, nor to propose intervention, nor to pave the way for intervention. purposes that such is the present political status of the insurgents, because The purpose is exactly the reverse-to suggest whether a solution of present their defiance of the authority of Spain remains none the less pronounced troubles can not be found which will prevent all thought of.intervention by and successful, and their dispiacement of that authority throughout a very rendering it unnecessary. What the United States desires to do, if the way large portion of the island is none the less obvious and real can be pointed out, is to cooperate with Spain in the immediate J.>acification When, in 1877, the president of the so-called Cuban Re,t?ublic was captured, of the island on such a plan as, leaving Spain her rights of sovereignty, shall its legislative chamber surprised in the mountains and dispersed, and its pre­ yet secure to the people of the island all suoh rights and powers of local self­ siding officer and other principal functionaries Jrned, it was asserted in some government as they can reasonably ask. To that end the United States of­ quarters that the insurrection had received its deatnblow and might well be fers and will use her good offices at such time and in such manner as may be deemed to be extinct. The leading organ of the insurrectionists, however, deemed most advisable. Its mediation; it is believed, should not be rejected made this response: in any quarter, since none could misconceive or mistrust its purpose. "The organization of the liberating army is such that a brigade, a refP­ Spain could not, because our respect for her sovereignty and our deter­ ment, a battalion, a company, or a party of twenty-five men can operate m­ mination to do nothing to impair it have been maintained for many years at dependently against the enem¥ in any department without reqmring any great cost and in spite of many temptations. The insurgents could not, be­ instructions save those of their immediate military officers, because their cause anything assented to by this Government which did not satisfy the pur;\>ose is but one, and that is known by heart as well by the general as the reasonable demands and aspirations..of Cuba would arouse the indignation of soldier, by the negro as well as the white man or the Chinese, viz., to make our whole people. It only remains to suggest that, if anything can be done war on the enemy a tall times, in all places, and by all means, with the gun, the in the direction indicated, it should be done at once and on the initiative of machete, and the firebrand. In order to do this, which is the-duty of every Spain. Cuban soldier, the direction of a government or a legislative chamber is not The more the contest is prolon~ed, the more bitter and more irreconcilable needed; the order of a subaltern officer, serving under the general-in-chief, is the antagonism created, while there is danger that concessions may be so is sufficient. '.rhus it is that the government and chamber have in reality delayed as to be chargeable to weakness and fear of the issue of the contest, been a superfluous luxury for the revolution." and thus be infinitely less acceptable and persua..."'ive than·if---made-while the The situation thus vividly described in 1877 is reproduced to-day. Even result still hangs in the balance,-and they could be properly credited in some if it be granted that a condition of insurgency prevails and nothing more, it degree at least to a sense of right. and justice. Thus far Spain has faced the is on so large a scale and diffused over so extensive a region, and is so favored insurrection sword in hand, and has made no sign to show that sun·ender and by the physical features and the climate of the country, that the authority submission would be followed by anything but a return to the old order of of Spain is subverted and the functions of its Governme?-t are in al>E:yan~ thin"s. Would it not- be wise to modify that.policy and to accompany the or practically suspended throughout a great part of the island. SJ.>alD still application of military force with an authentic declaration of the organia holds the seaports and most, if uot all, of tbe large towns in the mterior. changes that are meditated in the administration of the island with a view Nevertheless, a vast area of the territory of the island is in effect undor the to remove all just grounds of complaint? control. of roving bands of insurgents, which, if driven from one place to-day It is for Spain to consider and determine what those changes would be. by an exhibition of superior force, abandon it only to return to-morrow But should they be such tht~ot the United States could urge their adoption, as when that force has moved on for their dislodgment in other quarters. substantially removing well-founded grievances" its influence would be ex­ '.rhe consequences of this state of things can not be disguised. Outside of erted for their acceptance, and it can hardly be aoubted, would be most po­ the towns still under Spanish rule, anarchy, lawlessness, and terrorism are tential for the termination of hostilities and the restoration of peace and rampant. The insurgents realize that the wholesale destruction of crops, fac­ order to the island. One result of the course of proceeding outlined, if no tories, and machinery advances their cause in two ways. It cripples the other, would be sure to follow, namely, that the rebellion would lose largely, resources of Spain on the one hand. On the other, it drives into their ranks ·if not altogether, the moral countenance and support it now enjoys from the the laborers who are thus thrown out of employment. The result is a sys­ people of the United States. tematic war upon the industries of the island and upon all the means by In closing this communication it is hardly neceSEary to repeat that it is which they are carried on, and whereas the normal annual product of the prompted by the friendliest feelings toward Spain and the Spanish people. island is valued at something like eighty or a hundred millioiJs, its value ~or To attribute to the United States any hostile or hidden purposes would be a the present year is estimated by competent authority as not exceeding grave and most lamentable error. The United States has no designs upon twenty millions. Cuba and no designs against the sovereignty of S:Q.ain. Neither is it actuated Bad as is this showing for the present yearl it must be even worse for the by any spirit of meddlesomeness nor by any desire w force its will upon next year and for every succeeding year qnnng whic:h the rebellio_n contin­ another nation. Its geographical proximity and all the considerations above ues to live. Some planters have made their crops thiS year who will not be detailed comJ>el it to be interested in the solution of t-he Cuban problem allowed to make them again. Some have worked their fields and operated whether it will or no. Its only anxiety is that tbat solution should be speedy, their mills this year in the face of a certain loss who have neither the heart aud, bv being founded on truth and justice, should also be permanent. nor the means to do so again under the present even more depressing condi­ To aid in that solution,. it offers the suggestions herein contained. They tions. Not only is it certain that no fresh money is being invested on the will be totally misapprehended unless the United States be credited with. island, but it is no secret that capital is fast withdJ·awing from it, frightened entertaining no other purpose toward Spain than that of lending its assist­ away by the utter hopelessness of the outlook. Whyshoulditnotbe? What ance to such termination of a fratricidal contest as will leave her honor and can a prudent man foresee as the outcome of exi.=;t ing conditions except the dignity unimpaired at the same time that it promotes and conserves the complete devastation of the island, the entire annihilation of its industries, an true interests of all parties concerned. the absolute impoverishment of such of its inhabitants as are unwise or un­ I avail myself of this opportunity to renew to you, Mr. Minister, the fortunate enough not to seasonably escape from it? The last preceding insurrection lasted for ten years and then was not. sub­ assurances of my highest consideration. RICHARD OLNEY. dued, but only succumbed to the influence of certain promised reforms. Senor DON ENRIQUE DUPUY DE LoME, etc. Where is found the pro~e that the present rebellion will ha~e a shor~r lease of life, unless the end 1S sooner reached through the exhaustiOn of Spam herself? Taught by experience, Spain wisely undertook to make its struggle lt!r. THURSTON. Mr. President, I will take the floor for the with the present insurrection short, sharp, and decisive, to stamp it out in purpose of submitting some remarks on the pending resolution, its very beginnings by concentrating UJ.>On it large and well-organized armies, armies infinitely superior in numbers, m discipline, and in equipment to any but I do not care to go on to-night. the insurgents could oppose to them. Mr. CULLOM. If the Senator will allow me, I move that the 'l'hose armies were put under the command of its ablest general, as well as Senate proceed to the consideration of executive business. its most renowned statesman- of one whose very name was an assurance to Mr. HOAR. If the Senator from Nebraska does not care to go the insurgents both of the skillful generalship with which they would be fought and of the reasonable and liberal temper in which just demands for on to-night, I should like, if he will allow me, to ask the Senator redress of grievances would be received. Yet the efforts of Campos seem to from Illinois to withdraw his motion for an executive ssssionand have utterly failed, and his successor, a man who, rightfully or wrongfully, renew it after I get through. seems to have intensified all the acerbities of the struggle, is now being reen­ to forced with additional troops. It may well be feared, therefore, that if the Mr. CULLOM. I will withdraw the motion with that under­ present is to be of shorter duration than the last insurrection, it will be standing. because the end is to come sooner or later through the inability of Spain to Mr. HOAR. Mr. President, I so far sympathize with the gen­ prolong the conflict, and through her abandonment of the island to the heterogeneous combination of elements and of races now in arms against her. tlemen who desire to conclude this discussion-- Such a conclusion of the struggle can not be viewed even by the most de­ Mr. PETTUS. Mr. President- voted friend of Cuba and the most enthusiastic advocate of popular govern­ The VICE-PRESIDENT. The Senator from Massachusetts has ment except with the gravest apprehension. There are only too strong rea­ sons to fear that, once Spain were withdrawn from the island, the sole bond the floor. ot union between the different factions of the insurgents would disappear; Mr. PETTUS. I desire to make a point of order, Mr. President. 1897. CONGRESSIONAL RECOJtD-SENATE! .Jl61

The VICE-PRESIDENT. TheSenatorfromAlabamawillstate be circumstances ·under which she would not consider such a his point of order. . · proposition unfriendly, and under which she might acced13 to it; Mr. PETTUS. I do not want to interrupt the Senator, but I do and if the picture drawn by the honorable Senator from Ohio not think he ought to speak until there is order in the Senate. be true, I should think that the gentlemen who agree with him The VICE-PRESIDENT. The point of order is well taken. might think that that golden moment had now come. So much The Senate will please come to order. [A pause.] The Senator for that. from Massachusetts will now proceed. Mr. FORAKER. If the Senator will allow me, I wish to sug­ Mr. HOAR. Mr. President, I so far sympathize with those per­ gest that the recognition of belligerency will not interfere with sons who desire to bring this discussion to a conclusion that I de­ friendly mediation. We do not undertake by the recognition of sire to take a few minutes to-night, instead of consuming another belligerency to stop the war or to take part with either side, but day, in pointing out the precise distinction between the Senator simply to take a neutral position from which we can all the better from Ohio and myself, so far as our opinion upon this matter is interpose our friendly officefl. concerned. I think the Senate should have authoritative facts, Mr. HOAR. I do not think we can do all of that, but I think and should set them forth in a finding like a judicial decree on what the Senator says is quite true, that it will not interfere. which it should base action. Mr. FORAKER. I will join with you, if this be adopted, in such I think my honorable friend from Ohio does not altogether seem an effort. to dissent from that proposition, although he desir~s us to act, as I Mr. DANIEL. Will the honorable Senator from Massachusetts understand him, upon the information given to hi.Bl contained in permit me to ask him a question? I do not wish to interrupt or two papers, one of which the Senate is not permitted to read break the thread of his discourse. through. He gives us a letter from the Secretary of State and an Mr. HOAR. I will yield. extmct only from the reply; and we are asked to vote on this great Mr. DANIEL. I observed on yesterday when the Senator was question without knowing or being able to judge for ourselves speaking-and I will quote his words from the RECORD as I find whether the sentences which the honorable Senator withholds from them-- his associates here modify' control, or contradict anything which . Mr. HOAR. Does it relate to what I am saying now? is said in the garbled paper. I do not use the word" garbled" as Mr. DANIEL. It is apropos of what the Senator is now dis­ implying impropriety, but we only know what is contained iri the cussing. The Senator said: portion of the paper which he has read to the Senate. I think the President of the United States should be asked by Congress to Mr. FORAKER. I shall append the paper to my remarks. use his good offices with Spain to secure peace and independence in that Mr. HOAR. The Senator says he will put in the paper on island, and that is just what the Republican platform said. which he founds his case the whole of the letter to the Spanish , Then the Senator goes on to suggest that, h~ving offered our minister, but he withholds part of the answer and the last sen­ friendly offices, finally, if these mediatory steps fail, we would tences of a report from somebody on the ground that if he were to say to Spain, ''If you do not stop that war, we will stop it our· give that repm·t in full, it would disclose to us the author. selves." Are not those declarations of the Senator as to securing Mr. FORAKER. No; on the ground that I am limited by the peace and his intimation that the time might come when he would injunction placed upon me when I received it. say to Spain, '' StQp that war," predicated upon the recognition in Mr. HOAR. Not to disclose to us its author? his own mind that there is war now in Cuba with Spain~ Mr. FORAKER. That is one of the reasons, and only one. I Mr. HOAR. Very well, suppose there is. did not give that reason, and I would not give that reason. Mr. DANIEL. Well, supposing there is, is it not proper for us, Mr. HOAR. I thought the Senator did. I do not mean to say in the first place,.tQ recognize the condition which will be the that he himself would prefer not to disclose the author. What I basis of our conduct in dealing with it? stated was that he, not being at liberty to disclose the author, Mr.. . HOAR. Well, Mr. President, when we get the facts in an will not disclose to us the whole paper. authoritative form, so that we can settle and affirm them, that Mr. FORAKER. That is all right. question will become a practical one. It does not seem to me to Mr. HOAR. Now, I say that is not the way in which great affect the particular argument I am now making. transactions in our foreign affairs should be conducted. But, Mr. Mr. DANIEL. Would not the natu,~al !and orderly procedure President, to hasten to the principal proposition of the honorable be first to proclaim and recognize the condition of things as intro­ Senator. he thinks we had better declare belligerency and stop. ductory to any method which we might see proper afterwards to Mr. FORAKER. No; Ididnotsaythat. . Isaidiwouldrather employ to deal with it? have intervention, but I stopped with belligerency because that Mr. HOAR. Mr. President, I will come to that in a moment was proposed. when I deal with what. I understand recognition of belligerency Mr. HOAR. The Senator says he would rather have interven­ to mean. I do not understand that by the law of -nations every tion, but he stops at belligerency because that is all that is pro­ condition of belligerency warrants interference or recognition. posed either by him or by any body else. I say the proper thing Indeed, I understood the_}lono1·able Senator from Ohio to ex­ to do is to propose mediation in favor of independence. pressly affirm that belligerency exists in fact when hostilities exist Mr. FORAKER. Very well, then; propose it. too strong for the constable and where military forces are uaed Mr. HOAR. I am going to do so before I get through, or some­ on either side. The question for us whether a condition of things body before we get through will propose media.tion in favor of exists which, under the law of nations, makes it our duty to our­ independence, and, if that is rejected, then to have the facts re­ selves, having due regard to our own interests, to affu·m the con­ ported to the Senate and take the action which the facts require. dition of belligerency, and if, there being a condition of belliger­ The Senator says he does not believe in calling that power into ency, we make the affirmation-and I desire the attention of my exercise, and he proposes to stop with what I think is this little friend from Ohio-if, there being a condition of belligerency, we mouse of a resolution following a great brass band of proclama­ affirm and recogni:r.~ and declare it, not because of our own in­ tion, because, in the first place, he says Spain has once deCllined. terests, but from sympathy for or desire to aid one of the parties, Well, that was more than a year ago. we are then guilty of an unfriendly and hostile act to the other. Mr. FORAKER. It was in June. This is the law. Mr. HOAR. The proffer was made more than n. year ago; and, Mr. FORAKER. I argued, upon that very proposition, that it in the next place, what Spain declined was a proposal that it strikes is a question for us to decide whether or not we will recognize bel­ me every self-respecting government on earth would decline, to ligerency, governed by our own interests. wit, that while she continued her authority over Cuba the United l\1r. HOAR. I cite the authority of the eminent jurist from States should dictate or advise and suggest what laws she should Ohio to that proposition and in answer to the inquiry of the Sen­ make for a part of her Kingdom. ator from Virginia. But before I come to that-- I do not agree with my honorable and most able friend from Mr. FORAKER. If the Senator will allow me, I say we are to Ohio in thinking that the refusal to permit us to tell Spain what decide that from the result to the Cubans and the counter result kind of laws she shall make involves a refusal to accept our medi­ to us. That is a beneficial and a legitimate consideration. ation in regard to the matter of independence. But if I heardcor­ Mr. HOAR. 8ertainly. I was about, before coming to that, rectly-I have not hadachance toexamineitcarefnlly-the paper which was all I wish to detain the Senate abou.t, to discuss and to that the Senator read, the Spanish Government intimated that point out one very instructive fact in the letter of 1\lr. Secretary there might come a condition of thtngs later when she might Olney which was not read, and which Senators will find there, accept. and which may perhaps not excuse, not perhaps even palliate, :Mr. FORAKER. No; that was twenty years ago. but may account for some of the transactions which some of the Mr. HOAR. That was twenty years ago. Very well. When we Senators on the other side have dwelt upon with so much eloquence proposed to mediate for independence twenty years ago, the Span­ and pathos. He says this war is conducted by the insurgents not ish Government replied that the condition of things then did not by meeting their antagonists in pitched battles, but by applying make her willing to accept it-it seems she put down that rebel­ the torch to the houses of peaceful citizens, destroying their in­ lion-but that there might come a condition of things later when dustries, burning their plantations, and starving out, or attem:pt­ she would not consider such a proposal one to be rejected. ing to starve out, the Spanish troops by destroying the entue So we have got a declaration from Spain herself that there may resources of that island. 1162 CONGRESSIONAL RECORD-SENATE. MAY 19,

That is what the Cubans are doing, according to the information Mr. FORAKER. I have his messages here, and he never said which the honorable Senator from Ohio has furnished to the Sen­ any such thing officially. That is sure. ate. Now, if that be true, and the American citizens who are Mr. HOAR. I do not remember where he said it. ~aught by the Spanish armies are doing that as their method of Mr. FORAKER. I know what he said. warfare, is it or not a violation of the laws of war and the laws of Mr. HOAR. I know he said it. humanity to punish them with death for that offense? Who Mr. FORAKER. I know where he said what he did say, and knows? Who answers? I should like a report from the Commit­ if the Senator will allow me, I wiUt·ead it. tee on Foreign Relations on that particular proposition, if it shall Mr. HOAR. He said a good many things. become material. Mr. FORAKER. He was a great general and a great President, Senators talk about this recognition of belligerency stopping but not the greatest international lawyer this country has pro­ these things. I shall say a word about that presently. But if we duced. can act upon the authority which the Senator from Ohio says, Mr. HOAR. Perhaps not. I know there are international we ought to act upon the Spanish Government. I am not affirm­ lawyers greater. ing this; I do not know; but he knows, and he tells us a good Mr. FORAKER. Here is what he does say: deal of what he knows, and a good deal he does not tell us because It would give rise to countless vexatious questions, would releBSe the par­ it is in strict confidence. ent government from responsibility for acts done by the insurgents- Mr. FORAKER. I shall not "keep it from the Senator. Yr. HOAR. If the Senator wishes to read something else that Mr. HOAR. I do not know what is in that paper, but this one General Grant said, I will yield. thing the Senator tells us, that the Cubans have undertaken to Mr. FORAKER. I was about to read upon the point to which throw off what used to be the lawful authority of Spain by saying the Senator referred. . thev will turn that island into a wilderness and will burn over the Mr. HOAR. . He said whatlhave saidonthepoiutlreferred to. hea·ds of peaceful, neutral, unoffending citizens, women and chil­ Mr. F.ORAKER. In no official paper. He may have said it to dren, the warehouses, the stlgar houses, the factories, and the the Senator when the Senator was visiting the White House. If dwelling houses where they dwell, and will burn the plants on the Senator will allow me, I will read it. their plantations, not only the crop for the existing year-that is Mr. HOAR. By all means. I should like to have it. not in the paper, however, but that everybody has heard as a fact­ Mr. FORAKER. Speaking of the consequences of belligerency, but will destroy the entire plant, so that there shall be no new General Grant said in his message: crop made for years to come. It is that war which Spain is en­ Such recognition entails upon the <'.ountry according the rights which flow gaged in putting down. from it difficult and complicated duties, and requires the exaction from the Now, I do not know whether, if an American citizen or a Cuban rontendingj)arties of the strict observance of their right-s and obligations. . It confers the right of search upon the high seas by vessels of both parties; be caught red-handed after setting that fire, it be lawful to put it would subject the carrying of arms and munitions of war, which now may him to death or no. I have ;heard that some people, of whom the be transported fi·eely and without interruption in the vessels of the United Senator from Virginia and the Senator from Alabama have heard­ States, to detention and to possible seizure; it would give rise to countless vexatious questions, would release the parent Government from responsi­ ! will not revive any unpleasant memories-caught Northern Union bility for acts done by the insurgents, and would invest Spain with the right soldiers bnnring a military bridge, and they were put to death by to exercise tho supervision reco.,

Mr. GALLINGER. Why did we not search the vessels of question. I will yield to the Senator when I have answered this Spain or England and get into a war with those countries? question. · Mr. HOAR. There are a good many reasons why we did not. So, as regards American citizenship, the question is the sa;m.e To some extent those vessels-- before or after the r£cognition of belligerency. So, as affects pris­ 1\ir. HAWLEY. If the Senator will allow me, we dia seize onersnotAmericancitizens, our right, power, duty, and obligation .British ships in abundance and we confiscated them. are exactly the same. We have the same right to interfere t o put Mr. GALLINGER. But we did not have war with those coun­ down in Spain or Armenia a government which is cruelly dealing tries. with its own subjects, charged with rebellion, as we have to inter­ Mr. HAWLEY. We caught them carrying guns into Wil- fere if there be a war between that country and its own subjects mington and Charleston and Savannah. . conducted in a horrible and brutal way. .1\11·. GALLINGER. That is all true, but we did not have war. · Mr. MASON. Does the Senator base that on international law? Mr. HOAR. I think the reflections of Senators will probably l\Ir. HOAR. I baseitoninternationallaw. Thatistheopinion lead them, with-out my taking their time to answer the question, of the ancient barnacle. to see the distinction in those cases-- Mr. J\IASON. I admit it. I am not contradicting it. Mr. GALLINGER. I have not discovered it. Mr. HOAR. Very well. Mr. HOAR. And to see that President Grant was entirely right So there is not one single purpose, one single circumstance, sug­ in that propositi-on. gested by the honorable Senator from Ohio or by anyone else in But there is another thing which the Senator said, spealring of which the recognition of belligerency could be of any benefit to our rights. We now have, as he agrees, for every injury to the Cuba or in which it could be anything other than a serious injury millions of American property in Cuba by a mob or lawless­ and grievance and wrong to the people of the United States. ness, a right to indemnity from Spain; but he says, "Do you not Mr. MORGAN. I desire to ask the Senator a question, if he known__ will permit me. MI. FORAKER~ Those are elaims for damages done by Span­ Mr. HOAR. Certainly. iards as well as Cubans. Mr. MORGAN. Can the Senator recite .any case in which Spain Mr. HOAR. Spaniards as well as Cubans. But he says, "Do has decided, either through her courts or her military authorities, you not know that we presented those claims? Spain has refused that she has no right to execute an American citizen taken with point blank to acknowledge them. :• I think very likely that is all arms as a prisoner of war? tru-e, but I think it does not .at all foll-ow that Spain will not be 1\Ir. HOAR. No; I can not. .able to pay and will not be compelled to -pay every just claim due Mr. MORGAN. Very well . to an American citizen. England point blank refused to pay the Mr. HOAR. But her Government has assured our Government Alabama claims, and after Mr. Adams had sent them in one after on its demand that it shal1 not be done. another for a few months the foreign office said to Mr. Adams that Mr. 1\IORGAN. I have not seen the assurance. they would regard it as offensive or nnfriendly, or some phrase of Mr. HOAR. -I have, I think. that kind, to have the subject renewed again. Mr1 MORGAN. I know that cases have been d-ecided the other But it turned out that the subject was renewed, and it turned way. She exercises the pardoning power. out tbat $15,000,000 went into om· Treasury, and every American Mr. HOAR. In that particular it makes no difference1 The citizen who had a loss and had one of these claims which England right of this Government to interpos~ if there be a cruel and point blank refused to acknowledge got his money, with interest, brutal treatment, not according to t.he forms of civil law, of .an in his pocket, and there waa some left in our Treasury when we American citizen taken in arms against a government when his got through. I think the power which was able to compel Great side is not recognized as a belligerent, is the same as if belliger­ Britain to make a recompen...<::e which she had point blank refused ency had been recognized. We have been interfering all along, will find itself able to make Spain compensate our citizens for .as the Senator from Maine [Mr. HALE] suggests to -me. So that every lawful obligation. So, if I am right in my view, the recog­ im,:>assioned ar_gument disappeaTs. nition of belligerency wonld be a great injury to the United The Senator from Ohio ended his argument by saying we will States, and if we mak~ it, we are doing it because we think that have to police the seas if the present condition of things continues. it will encourage the Cubans, and not, as all the. writers whom the We shall have to police the seas quite as much when we recognize Senator acknowledges as authority say it is, for our own interest. belligeTency. England was held to the performance of her neu­ Therefore it will become an offensive and unfriendly act. tral duties and to damages for failing,.in the parformance, although But the learned Senator says that~ although Spain may seize she recognized the b elligerency of the Confederacy almost as soon and search our-vessels, if the resolution gets through, and the Span­ as the rebellion broke out. ish officer is to judge the courtesy, and the Spanish court is to Is there any doubt about tha.t proposition? The Senator from judge the reasonable cause, there are other things, and that is Ohio concludes by saying that he sums up thewholething by the that we shall stop, if I understood him, this policing of our coasts fact that before the recognition of belligerency the Cuban is a to prevent hostile expeditions in the interest of Cuba. The Sena­ rebel on laud and a pirate by sea. I have shown that there is no tor cites President Cleveland's proclamation of neutrality. difference in his legal status. In the first place, that would seem Mr. FORAKER. I said stop it in the interest of only one to be a pretty strong contradiction of the Senator's position that party. we are not doing these things for the benefit of the Cubans, but 1\Ir. HOAR. In the interest of only one. only for our own interest, and with which he, being entirely sane Now, I affirm~ .and I challenge contradiction from any quarter, on this subject, agrees. that our duty, our obligation of neutrality, and our national con­ . But, passing that by, I have shown, I think. condusively that so duct will be exactly in that particular the same after the recog­ far as his positi-on on landis concerned, there is no difference in it. nition of belligerency as before, and that there will not be the So far as our obligation of neutrality is concerned, there is no dif­ slightest change in this particular in any respect whatever. ference. So far as our interest is concerned, the only di.ffet·ence is Mr. MASON. I desire to ask the Senator from Massachusetts a that we expose ourselves to the right of search and lose the claims question. of our citizens. So far as the Cuban being a pirate at sea is con­ Mr. HOAR. Certainly. cerned, I think there is very probably, as far as I have investi­ Mr. MASON. Does the Senator admit that after we recognize gated or reflected upon the question, some reason for thinking belligerency we can determine and say that prisoners of war shall that the Senator is right. I should like to reflect on it a little be treated as prisoners of war and not be shot without trial? Does further before absolutely agreeing to it. the Senator admit that to be true? Mr. WIDTE. If the Senator from Massachusetts will parmit Mr. FORAKER. In legitimate warfare. .me, I think that when Mr. Frelinghuysen was Secretary of state Mr. J\IIASON. That as to prisoners taken in war we shall have he stated, and afterwatds Mr. Bayard stated, that while this na­ a right, as one of the nations having ae.knowledged the bellig­ tion had the power to recognize as a pirate or to consi