'

386 CONGRESSIONAL RECORD-SENAT}4. JANUARY 10,

By Mr. GOODE : The petition of George Smith, for :1 pension-to Also, the petition of Mrs. C. W. 'Holmes and 54 other women of the Committee on Invnlid Pensions. Palmyra, Michigan, of similar import-to the same committ-ee. ' By Mr. JAMES: The petition of Mrs. E. Elliott :md 20 other ladies, Also, the petition of Mrs. A. C. Voorhies and 327 other women of of Heuvelt~n, New York, for such legislation as will make effective -Saline, Michigan, and vicinity, of similar import-to the same c~m­ the anti-polygamy bw of 1862-to the Committee on the Judiciary. mittee. Also, the petition of :Mrs. Y. F. Clemson and 25other ladies, ofWad­ Als_o, the pet!tion of George. B. Smith and 49 others, of Otb. Lake, dingtpn, New York, of similar import-to the same committee. Michigan, a~amst such a tariff on the lower grades of su"'ar as will By Mr. JONES of Ohio: The petition of Willard Comly, against prohibit therr importation-to the Committee of Ways an~l Means. the extension of McKay & :Mathie's sewing-machine patent-to the Also, the petition of G. H. Gilman and 48 others, coopers for su"'ar Committee on Patents. refiners of Riga, Michigan, of similar import-to the same commit~. By Mr. KETCHAM: The petition of Mrs. J. C. Hoyt and 19 others, By Mr. WRIGHT: The petition of John A. Steiner, for an increase of Garrison's, New York, for the enforcement of the anti-polygamy law of pension-to the Committee on Invalid Pensions. of 1862--to the Committee on the Judiciary. Also, the petition of S. T. Wilson and 570 others, citizens of Altoona By Mr. KIDDER: The petition of Oscar P. Kemp and others, for Pennsylvania, for the passage of Mr. WRIGHT's supplement to th~ ~ new land office in the Territory of Dakota, near Kampesk::t-to the homestead bill, or some other measure of like relief-to the Commit­ Committee on Pablic L:mds. tee on Public Lands. Also, the petition of D. C. Thomas and others, of similar import-to the same committee. . By Mr. LAPHAM: The petition of Willard Comly; against the ex­ tension· of the McKay & Mn.thie's sewing-machine patent-to the Committee on Patents. IN SENATE. Also, the petition of ladies of Dansville, New York, for legislation that will ma.ko effective the :mti-polygamy law of 1862-to the Com­ FRIDAY, January 10, 1879. mittee on tho Judiciary. By Mr. LATHROP.- The petition of Mrs. Jennie Caldwell and 118 Prayer by the Chaplain, Rov. BYRON SUNDERLAND, D. D. other women, of Geneva, Illinois, of similar import-to the same The Journal of yesterday's proceedings was read and approved. committee. EXECUTIVE COIDIIDUCATION. By Mr. McGOWAN : The petition of Vorina Miller, and !)5 others, The VICE-PRESIDENT laid before the Senate a communication 'Of Barry County, Michigan, of similar import-to the same committee. from the Secretary of War, transmitting, in response to a resolution Also, the petition of Hon. George Willard and 30 others, citizens of of the Senate of December 9 1878, a statement of amounts and rates •Calhoun County,. Michigan, for legislation to prohibit the adultera-­ paid by disbursing officers ot1 the Quartermaster's Department to the tion of sugars and other sweets-to the Committee on Commerce. Oregon Steam-Na.vigation Company for Government transportation By Mr. MONEY: The petition of J. R. Howard, for compensation and hire of steamboatA on the Colombia River and its tributaries; . ·.for services rendered the United States in the TreMury Department­ which, on motion of Mr. MITCHELL, was referred to the Committee to the Committee on Expenditures in the Treasury Department. on Railroads, a.nd ordered to be ptinted. By Mr. MONROE : The petition of Mrs. Lydia Johnston and 131 PETITIONS Al\"'D MEMORIALS. !ladies of Rochester, Ohio, for legislation to make effective the anti­ l!>Olyga.my la.w of 1862--to the Committee on the Judiciary. Mr. DAVIS, of illinois, presented the petition of Thomas J. Bigford By Mr. OVERTON: The petition of Mrs. Mary Oliver and 37 other and others, of lllinois, praying for the passage of the bill (H. R. No. 'Women, of Wyoming and Luzerne Counties, Pennsylvnni..'l, of similar 42:~) granting arrears of pensions· which was ordered to lie on tho import-to the same committee. • table. By Mr. POTTER : The petition of women of Westchester County, He also presented a memorial of wholesale grocers and deruers in New York, of similar import-to the same committee. sugar, of Chicago, lllinois, remonstrating against the recommendntion Also, the petition of Fr:mces E. Fry, for arrears of pension-to the of the Secretary of the Treasury that high-grade and low-grooe sugars Committee on Invalid Pensions. be admitted at a one-rate duty; which was referred to the Comlllit­ Bv Mr. PRICE : The petition of the Women's Christian Temperance tee on Finance. Union and other citizens of Iowa, for a. commission of inqmry con­ Mr. MATTHEWS presented the petition of M. J. C'l.mpbell and .. cerning the alcoholic lif)_uor traffic-to the Committee on the Judi- others, citizens of Montgomery County, Ohio, praying for the prompt passage of the bill (H. R. No. 4234) granting arrears of pensions; ci~ . By Mr. REED: The petition of Armine P. Rowe and other women, which was ordered to lie on the table. of'Baldwin, Maine, for legislatioJl to make effective the anti-polygamy Mr. KERNAN. I present four memoria.ls of different parties, simi­ law of 1862-to the same committee. lar in character, remonstrating against the passage of the bill (S. No. By Mr. RICE, of Massachusetts: The petition of Willard Comly and 1330) to q oiet title of settlers on Des Moines River lands, in the others, citizens of W estborou~h, Massachusetts, against the extension State of Iowa, and for other purposes. These memoria.ls n.re from of the McKay & Mathie sewmg-machine patent-to the Committee people in New York State and some in Maasa.choaetts. The bill having · on Patents. been reported, I move that the memoria.ls lie upon the table. By Mr. RYAN: The petition of Cynthia Miller a.nd others, for legis­ The motion was agreed to. lation to ma.ke effective the anti-polygamy law of 1862-to the Com­ Mr. KERNAN presented a memorial of Williams & Guion and othe!S, mittee on tho J udicin.ry. merchants and ship-owners, in favor of the passage of House bill No. By Mr. SAPP: The petition of the p38tor and 26 women, members 3547, to reguhte interstate commerce and prevent unjnst discrimi­ of the Presbyterian church at Mount Ayr, Iowa, of similar import­ nation by common carriers; which was referred to the Committee on to the same committee. Commerce. Alsa, the petition of 42 women, members of tho Methodist church He a.lso presented the petition of Dr. Marr E. )V:nJker, late acting at Mount Ayr, low::., of similar import-to the same committee. assistant surgeon United States Army, praymg to be allowed a pen- :Also, the petition of all the nationa.l b:mks of tho ei~hth congres­ sion; which was referred to the COmmittee on Pensions. : sional district of Iowa, for the repeal of the law authonzing a tax on Mr. KERNAN. I have received a resolution passed by the senn.te deposits-to the Committee of Ways :md Means. of the State of New York. It is short, and I ask that it be read. By Mr. STEWART : Memorial of ::. committee of the lake improve­ The VICE-PRESIDE~""T. It will be reported :1.t length. . ment convention held at Saint Paul! Minnesota, December 18, 1878, The resolution was read, as follows: for the improvement of the great bites-to the Committee on Com- STA.TE OF NBW YoRK, In Senate, .Albany, January 7, 1879. merce. . Also, the petition of citizens of Lacqui, Minnesota, for a post-route hi~~~u~ · !!:Jf!c~~~~!~·~~~~~~~~~r!:8a¥uWi~ tgJ~ from Lacqui to Canby, via Cerro Gordo, Minnesota-to the Commit­ arsenals; to sell all the arsen.'l.ls, which thus become unneoeSSI\ry, and hereafter to tee on the Post-Office and Post-Roads. pnrchase ordnance n.n.d ammunition from private manufacturel'S only! Therefore, Be&ol'Jed, That the Senators od :Representatives of this State in Congre88 be re­ ' By Mr. STONE, of Iowa: The petition of the city and Board of qu~ted to oppose the P3&_8g_e of said bill, or at least the portions relating to the Trade of Burlington, Iowo., for an appropriation for the improvement Ordnance department, Unir.eu States arsenals, and ordnance stores. of the harbor of Burlington-to the Committee on Commerce. By order: Also, the petition of Mary Ella. McCalla. S. J. Risk, :md 125 other JOHN W. VROOMAN, Olerk. women, of Jefferson County, Iowa, for such legislation as will make The resolution w-as ordered to lie on the table. effective the anti-polygamy law of 1862-to the Committee on the Mr. ARMSTRONG presented tb,e petition of 0. P. Riley :1.nd others, Judiciary. citizens of Plattsburgh, Missouri, prayin~ for the passage of the bill By Mr. TIPTON: Papots relating to the claim of Dr. Macy E. (H. R. No. 4234) granting arrears of pensions; whioh wns ordered to W a.lker-to the Committee on War Claims. lie on the table. By Mr. WILLIAMS, of Wisconsin: The petition of Rev. John Mr. HARRIS presented the petition of Levi L. Fancher :md 77 others, Bramer and 38 others, of Spring Prairie, Wisconsin, for legislation to of Tennessee, praying for the passage of the bill (H. R. No. 4234) grant­ make effective the anti-polygamy law of 1862-to the Committee on· ing arrears of pensions; which waa ordered to lie on the table. the-Judiciary. Mr. HARRIS. The Public Health Association of America, at its By.Mr. WILLITS: The petition ofMrs. Myrta Harris and 45 other session in Richmond, Virginia, in November last, adopted a l'Osolutiori women, of South Litcllfield, Michigan, of similar import-to the same appointing ::.committee to memorialize Congress for the publicn.tion committee. of an index to the medicallibrncy. As the memorial is short :1.ud upon 1879. CONGRESSIONAL RECORD-SENATE. 387 I a subject of ~eneral interest, I aak that it may be read and referred of the city as to render it veiy inconvenient and extremely burden­ to the Commtttee on Printing. some to those having business transactions with the office;'' that' from · The VICE-PRESIDENT. It will be reported. the time that collection district "was first established until within a The memorial was referred to the Committee on Printing, and reaa, year or so past the customs office was located on the water front.at a as follows: · point convenient to importers as well as masters of vessels, and was To the h01torabk the Sena.te and House of .Representatives removed to its present location by order of the honorable Secretary of • of the United States in Oongress a~sembled : the Treasury from economical motives;" that the "apartments as­ This memorial respectfully showeth that at the recent meeting of the American signed to the customs department in the.public building in the city Public Health Association, held at Richmond, Virginia, November 19 and 22, 1878, are inadequate to the wants of the public service, there being barely the following preamble and resolutions were unanimously adopted: "Wbereas there has been formed at Washington, under the direction of the Snr­ sufficient room for the present limited clerical force. Aside b.:mn ~eon General, United States Army, one of the most valuable medical and sanitary these objections the Government· is obliged to rent additional build­ libraries in the world ; and ings for bonded warehouse, appraiser's store, and steamboat inspect­ " Whereas there has been prepared und&' the same direction the manuscript of an ors' offices at great cost, which buildin~s are fully three-fourths of a index catalogue of this library, which, if published, would more than double the pra{}tical utility of the collection, and would be of the greatest value to all medical mile from the present customs office.' They state that " the close men and sanitarians eve• if the librarY itself were not in existence: Therefore, business relations existing between these different customs g,ffi~ers " Be it resolved., That a committee of five be appointed to urge upon Congress the render it absolutely necessarv that they should be located in the same immeeiat.efpublication oi this catalogue, setting forth that suCh publication, in the ·building." ~ . . opinion of this association, is one of the most important steps which can be taken by the General Government to :promote the interests of sanitary science and aid They further represent that the large increase of business in the inves.tigation into the causes and prevention of diseases." post-office department in that city" has already occasioned a demand In accordance with the abovet·esolutions, the following committee was appointed: for more room; that the money transaction alone has more than Drs. R . W. Mitchell, Memphis, Tennessee, (chairman;) H.· I. Bowditch, Boston, doubled, and amounts to fully $1,500,000 annually;" and "should the M~s.ac~OB~tt!l.i S.M. Bem1ss, ~ew ~l~s, Louisiana; Wirt .Johnson, .Ja{}kson, Miss18S1pp1; .u. B. Baker, Lansmg, Michigani E. H. James, (secretary.) business in the money-order office alone increaae during the next year We the undersi~ed , having been duly appomted to act as the committee referred as it has in the past, the post-office department," in which the' pres­ t o in these resolutions, do therefore, in the name of the American Public Health As­ ent custom-house is located, "will requ~re and demand from the proper sooiation, and in behalf of the interests of sanitary science in this and other coun­ authorities the entire ground :door of the present building for the tries, respectfully but urgently request that you will ·authorize and direct the publication of the catalogue referred to with the least possible delay. The informa­ px:oper transaction of its business." tion which it contains is of verygreatimportanooto all classes ofpoople because it For all these reasons they respectfully and earnestly memorialize will aid all who are laboring for the promotion of either individual or public health. Co~gress to make an appropriation of a sum sufficient for the con­ It is information which cannot otherwise be obtained, and its publication by the GovernnJent is a duty the early performance of which will tend greatly to promote struction and equipment of a suitable building at some suitable point the cause of public health and prosperity in this country. on Front street for a custom-house, appraisers' store, United States R. W. MITCHELL, 1L"l>., Memphis, 'tennessee, (chairman,) bonded warehouse, and steamboat inspectors' offices; and as in duty H. I. BOWDITCH, M. D., Boston, Massachusetts, bound they will ever pray. I move the reference of the memorial to S.M. BEMISS, M.D., New Orleans, Louisiana, WIRT .JOHNSON'-M. D., .Jackson, MissisRippi, the Committee on Public Buildings and Grounds, and I call the atten­ H. B. BAKER, M. .u., Lansing, Michigan, tion of that committee to it. I have already introduced a bill on this Oommittee. subject, and I hope the matter will receive the attention of the com­ Mr. CONKLING. I present the petition of Eliza. J. Hughesj another mittee. petition of Catharine M. Brownell; and still another of Lysander The motion to refer was agreed to. Brooks, citizens of the State of New York, praying for pensions. I Mr. INGALLS. I present a petition very largely signed by citizens move their reference to the Committee on Pensions. .of Kansas, praying for tile prompt passage of the.biU (H. R. No. 4234) The motion was agreed to. granting arrears of pensions; and I repeat the notice I have hitherto Mr. CONKLING. I present also a resolution of the senate of the given, that upon the conclusion of the pending measure I shall ask State of New York remonstrating ag~inst the paasage of the bill to the attention of the Senate to this bil1. · reorganize the Army. Being a resruution of the senate of New York, The VICE-PRESIDENT. The petition will lie upon the table: I ask that it be read. · , Mr. COCKRELL presented the petition of J. R. Walker and others, 'Fhe VICE-PRESIDENT. It has· just been.read upon the request citizens of Richland, Missouri; the petition of JOhn E. Jacoby and ()f the Senator's colleague. others, citizens of Warrensbnrgh, Missouri, and the petition of John Mr. CONKLING. Then I do not ask to have this copy read. I Proud:fi.it and others, citizens of Summit, Missouri, praying for the was not aware it had been read. · passage of the bill (H. R. No. 4234) granting arrears of pensions; The VICE-PRESIDENT. The resolution will lie on the table. which were ordered to lie on the table. Ml-. CONKLING. I present also the memorial ef Ira Davenport, a He also presented additional papers in the case of George Heard, citizen of Steuben County, in the State of New York, protesting, for assignee of Chester Hebner, praying for the passage of a law author­ very well-stated and cogent reasons, against the passage of Senate izing the proper officers of the Interior Department to prepare and bill No. 1330, being a bill heretofore reported from the Committee on issue to him a bounty land warrant in pursuance of act of Congress Public Lands, which bill, according to its title, is to quiet the posses­ of 1847 for one hundred and sixty acres of land in lieu of a w~t sion and ownership of a large body of land in the State of Iowa. which was burned in the land office at Clinton, Missouri, in Novem­ This memorialist thinks, as others do, that the effect of the bill would ber, 1861; which were referred to the Committee on Private Land be not to quiet the title but to work very manifest and grievous in­ Claims. · justice. The bill has been reported, is on the Calendar, and I suppose Mr. CONKLING. Since presenting the former memorials I have this memorial ought to lie on the table. received one signed 8y D. M. K. Johnson, John Stryker, and other The VICE-PRESIDENT. It will be so ordered. neighbors of mine residing at Rome, in the county in which I live, Mr. WINDOM presented the petition of B. F. Farmer and others, and whom I know very wellt :protesting against the passage of the citizens of Spring Valley, Minnesota, and the petitien of P. E. Liddy bill against the passage of which the remonstrance of .Mr. DaYenport and others, citizens of Minnesota, praying for the passage of the bill protested. I am told that a motion is to be made to recommit the (H. R. No. 4234) granting arrears of pensions; which were ordered bill or to refer it to a committee. I suppose of course the memorials . to lie on the table. that now lie on the table would go with the bill should it be repom­ Mr. ROLLINS P.resented the petition of Ellis Copeland and others mitted. citizel!B of Washington, New B~mpshire, praying f~r the passage of The VICE-PRESIDENT. The memorial will lie on the table for the bill (H. R. No. 4234) granting arrears of pensiOns; which was the present. . <>rdered to lie on the table. Mr. MORRILL presented the petition of C. B. Simpson and othei'R, . Mr. McMILLAN presented the petition of E. J. Cutts and others citizens of Vermont, praying that Edwin W. Reed, late of Company citizens of Minnesota, praying for the pa-ssage of the bill (H. R. No: E, Eighth Vermont Volunteers, be resto.red to the pension-rolls; which 4234) granting arrears of pensions; which was ordered to lie on the was referred to the Committee on Pensions. table. Mr. HOWE presented the petition of M. E. Gates and others, citi­ Mr. WALLACE presented the petition of Solomon Calehoof and zens of Wiscon~in, praying for the passage of the bill (H. R.1fo. 4234) others, citizens of Pennsylvania, praying for tbe paasage of the bil). granting arrears of pensions;, which was ordered to lie on the table. (H. R. No. 4234) granting arrears of pensions; which was ordered to Mr. DAWES presented the petition of Benjamin Reynolds .and lie on the table. others, citizens of Monson, Massachusetts, praying for the passage of He also presented the petition of May & Somers and others mer­ the bill (H. R. No. 4234) granting arrears of pensions; which was chants aml ship-owners of Philadelphia, Pennsylvania, prayi~"' for orderecl to lie on the table. . . the passage of the bill (H. R. No. 3&47) to regulate interstate ~m­ LIBRAIUAN78 REPORT. merce and to prohibit unjust discriminations by common carriers· which was referred to the Committee on Commerce. ' Mr. ANTHONY. I am instructed by the Committee on Printing, Mr. MITCHELL presented the petition of Daniel McGrath late to whom was referred a resolution to print 500 extra copies of the private in Company H, Twenty-first Infantry, United States Army annual report of the Librarian of Congress, to report it without amend­ praying for an increase of pension; which was referred t<> the Com~ ment and to recommend its .passage. I ask for its present considera­ mittee on Pensions. tion. Mr. MITC.BELL. I present a petition nw:ileronsly signed by mer­ The resolution was considered by unanimous consent, and agreed chants and 1mporters at the port of Portland, Oregon, in which they to, as follows : · · Resol"d, That the annual report of the Librarian of Congress on the Library and represent b~t:?flY tha.t "the ~uilding at present occupied by the ens­ the copyright department for the calendar year 1878 be printed, and tha1i 500 extra toms authonties at that port 1s so far removed from the business center copies with paper covers, be printed for diStribution by the Librarian. -1 388 CONGRESSIONAL RECO~D-SEN.ATE. JANUARY 10,

BILLS L"'TRODUCED. I merely inquired of the Senator whether it would be agreeble to him Mr. HOWE asked, and by unanimous consent obtained, leave to to yield for the passage of the bill to which I referred. introduce a · bill (S. No. 1585) for the relief of such members of the · Mr. DAVIS, of West Virginia. If there is no objection to the bill Menomonee tribe of Indians as may desire to become citizens of the -whatev~r I shall of course yield to the Sen~tor from Massachusetts. "United States; which was read twice by its title, and referred to the Mr. HOAR. I will ask to have the bill read subject to the Senator's Committee on Indian Affairs. right to the floor. Mr. DAVIS, of illinois, (by request,) asked, and by unanimous con­ The bill (S. No. 1531) for the relief of Theophilus P. Cftandler was sent obtained, leave to introduce a bill (S. No. 1586) relating to writs read; and by unanimous consent the Senate, as in Committee of the of execution in the District of Columbia; which was read twice by Whole, proceeded to consider the bill. It relieves Theophilus P. its tit1e, and referred to the Committee on the Judiciary. Chandler, late assistant treasurer of the United .States at Boston, Mr. ALLISON. At the request of my colleague, [Mr. KIRKwooD,] from all liability for the acts of Julius F. Hartwell, late disbur&ing who is absent on public business, I ask leave to introduce a bill. clerk and cashier in his office, in loaning or advancing the moneys or J;ly unanimous consent, leave was granted to introduce a bill (S. No. fnnds of the United States to Mellen, Ward & Company, and from 1587) to provide for the payment of additional bounty to the soldiers all liability to account for any moneys or funds of the. United. States of the Army of the United States during the war of the rebellion; which were loaned or advanced by Hartwell to 1\lellen, Ward &Com­ which was read twice by its title, and referred to the Committee on pany, the same having been without the default or negligence of lfilitary Affairs. Chandler. Mr. Ii.ARRIS asked, and by unanimous consent obtained, leave to The bill was reported to the Senate without amendment, ordered introduce a bill (S. No. 1588) for the relief of Talley & Eaton; which to~engrossed for a third reading, read the third time, and passed. was rood twice by its title, and referred to the Committee on Claims. HARBOR OF REFUGE ON PACIFIC COAST. Hr. DAWES asked, and by unanimous consent obtained, leave to introduce a bill (S. No. 1589) for the relief of tho legal representa­ Mr. AVIS, of West Virginia. I understand the Senator from Ore­ tives of William S. Robinson, lat~ of Malden, Massachusetts; which gon [Mr. MITCHELL] has on several occasions given notice that he was read twice by its title, and referred to the Cemmittee on Claims. wisked to address the Senate. That being the case, I feel that I Mr. SARGENT (by request) asked, and by unanimous consent ob­ ought to give way to him this morning. I will, however, gi~e notice tained, leave to'introdnce a bill (S. No. 1590) to enable the people of that I shall follow the Senator from Oregon with the remarks that I Dakota to form a. constitution and St~te government, and for the wish to submit to the Senate, or that I shall ask to be heard on Mon­ admission of the said State into _the Union on an equal footing with daymornin~. the original States.; which was read twice by its title, and referred The VICE-PRESIDENT .. On Monday morning at the close of the to the Committee on Territories. · morning business f Mr. DAVIS, of West Virginia. Yes; but if the speech of the Sen­ A.l\IK.."'illl\IENTS TO POST-ROUTE BILL. ator from Oregon does not detain 'Q.S too long, I may follow him to-day. :Mr. PLUMB and Mr. DORSEY submitted amendments intended to Mr. MITCHELL. I am much obliged to the Senator from West be proposed by them respectively to the bill (H. R. No. 5218) to estab­ Virginia. I move that the Senate proceed to the conaideration of the lish post-routes herein na111ed; which were referred to the Committee bill (S. No.1451) authorizing the construction of a breakwater and a. ·• on Post-Offices and Post-Roads. harbor of refuge on the Pacific coast. WAR CLAIMS OF WEST VIRGINIA. The motion was agreed to; and the Senate, as in Committee of the On motion of Mr. HEREFORD, it was Whole, proceeded to consider Jjhe bill. Mr. MITCHELL. Mr. President, I beg the attention of the Senaoo Ordered, That the Committee on Claims be discharged from the further consid­ eration of the bill S. No. 937, and papers relating to the claim of the State of West while I submit briefly as I may some considerations bearing upon a sub­ "irgi'?lla. for expenses incurred in organizing and equipping troops, &c., and that ject in one sense local to that portion of the country which I have the the claimants have leave to ~tbdraw the same from the files of the Senate. honor in part to represent on this floor, but which in fact concerns the CHIEFS OF NAVAL BUREAUS. future protection, develop~ent, and prosperity of a very large share llr. ANTHONY submitted the following resolution; which was con­ of the commerce of our common country. Although not a mereber of sidered by unanimous consent, and &oiTieed to : the Committee on Commerce, I trust I may be pardoned in striving ~ attract the serious attention of that very able committee to the sub­ Ruolt:ed, That the Committee on Naval Affairs be instructed to inquire into the expediency_ of enacting tkat the selection of the chiofs of the nureans of Steam En­ ject referred to in the bill now under consideration. I am not nil­ gineeringhProrisions and Clothing, and Medicine and Surgery hall be made from mindful, Mr. President, of the fact that it is a not uncommon occur­ iffi.cers w ose relati"e rank is not below that of captain. rence in the history of congressional legislation for members to pro­ .ADJOUR."'iMENT TO 1\IOSDAY. pose at each session numerous measures looking to the development of their particular section or Stn.te, oftentimes, it may be, hoping Mr. INGALLS. I move that when the Senate adjourns to-day it b~ to meet on Monday next. thereby to win the approbation of their constituents. Conscious of . The motion was agreed to. this fact, and desirous, as I frankly confess I am, to merit tho good Mr. WINDOM subsequently said: I ask permission to enter a mo­ opinion of my constituents by my labors in their behalf, I trust I shall, in the measure now under consideration, be able to convinoo tion to reconsider the vot~ by which the Senate agreed to adjourn over until Monday. I do not ask a vote upon it now, but if we fail the Senate that the end sought to be gained in this instance is one to pass the Indian appropriation bill this afternoon I shall a.sk to that is neither visionary, impracticable, nor in any sense void of have the \ote reconsidered. merit ; but rather one demanding in the name of the commerce of •• The VICE-PRESIDENT. The motion to reconsider will be entered. our country respectful and earnest consideration, and early and prompt action. I refer, as the bill states, to the construction of a THEOPHILUS P. CHANDLER. breakwater and harbor of refuge on the Northern Pacific coast. :Mr. HOAR and Mr. DAVIS, of West Virginia, addressed the Chair. The subject is not one, I take it, that should excite either local jeal­ · The VICE-PRESIDENT. Under the notice given by the Senator ousies or State pride as to poi~t of construction, but one to be viewed. from"\\... est Virginia yesterday, the Chair feels bound to recognize that in the more enlarged intelligence and comprehensive vision of gen.­ Senator. era} commercial advancement and national prosperity. The time was, Mr. MITCHELL. I desire to state that I have been giving notice within the memory of the present generation, when the Great ·west, ever since before the adjournment for the holidays that I desired to extending from the Rocky Mountains to the Pacific and from the Brit­ submit a few remarks to the Senate. I do not know when the notice ish dominions to Mexico, was comparatively a wilderness, and when of tho Senator from West Virginia was/ giyen, whether before the the waters of the Pacific Ocean ~ordering on these extended shores holidays or since. were undisturbed by the ships of commerce. The inquiring and en­ Mr. HOAR. If the Senatdr from West Virginia will permit me, I terprising spirit of the age, however, has wrought a change. Emi­ desire to ask the· Senate to take up a bill from the Committee on gration set its foot thitherward; Terntories were organized, States Claims. It is the unanimous report of that committee, and one which created, society established, cities built, agriculture, mechanic arts, I think will occupy no time except the reading of a very brief report. mining, manufactures-all have sprung into existence, and to-dn.y the It is \ery important, with reference to the settlement of some estates, Pacific slope is in point of wealth, national resources, not to speak of that the bill shou1d be passed at once. its unquestionable prospective greatness, an empire in itself; while Mr. D...\. VIS, of West Virginia. If there is to be no debate upon the the Pacific Ocean, whose waters beat forever on the golden shores of bill whate>er I will give way, subjeC?t to my right to the :floor. the far West, are thronged by the ships of all nations and enlivened M1;. HOAll. I think t'bat tho readjng of a 'ery brief report is all by the busy eommerce of the world. Indeed, as I have before re­ that is required, if indeed that will be required. marked, so rapid has been the transition state of the growth and pros­ Mr. DAVIS,1of West Virginia. I dislike to insist upon the floor perity ef the Pacific coast that a mere statement of the real facts against the Wish of a Senator; but I believe it was the rule of the seems to strike eastern ears as the rehearsal of an Arabian tale-a. Benato.long before I was here, and perhaps before any Senator now mere product of the imagination. Hence the difficulty in concentrat­ present came here, that when a Senator gave notice that .ho desired ing the public mind and inducing public action in reference to these to address tho Senate on a. particular subject tho floor was always matters of such vital importance, not only to the Pacific coast butq;o accorded to him. · the countrr at large. Mr. HOAR. I do not tJnestion in the least that rule, and if the rule I appre01at~ and frankly concede this difficulty in attracting pllb­ did not exist I should prescribe it as a rule for the government of my lic attention to the crying wants of our commerce upou the Pacific own conduct, and certainly should not antagonize the right of the coast is not the re&nlt of any disposition upon the part of eastern· or Sena.ter from West Virginia to the floor. I do not propose to do so. southern statesmen to ignore any section of the country, but rather 1879. CONGRESSIONAL REC0RD-SENATE. 389

-the result of a not surprising failure upon the part of those who have outward tonnage of San Francisco alone is not less than 1,550,000 tons. never visited tho Pacific slope to note and comprehend the rapidity In 1876 the inward foreign tonnage was 72d,319 tons and the outward .of the chan~e by which the late frontiers of the West have beep foreign tonna~e 76{),770 tons; while Oregon, surpassing in propor­ ~ transformed mto an empire of greatness, of commercial wealth, and. tional productive capacity her more widely-known neighboring State, political, social, and moral power. It is in vain that the six Senators with her population of 160,000 souls, raises annually not less thau. and seven or -eight Representatives of the Pacific coast raise their 8,000,000 bushels of wheat, and export-s annually an aggregate of over voices and bend their energies in favor of national legislation in the $100 to every man, woman, and child within its liinits, these consist­ interest of the commerce of the far West, unless indeed we can engage ing of wheat, flour, wool, beef, fish, timber, lumber, furs, fruits, coal, the attention and secure the influence and support of our"eastern and and other products, including gold and silver bullion. southern friends . . To you, therefore, fellow Senators, whose long ex­ The ablest and most far-seeing statesman of aquarter of a century • perience upon this floor makes your influence and power felt and ago had not the faintest conception of the immense natural resourcesJ recognized, not alone in the councils of the nation, but throughout the the wonderful capabilities, the vital eletnents, the internal and ex­ land, I appeal, basing it as I do upon no flimsy fabric woven by the ternal wealth, and commercial greatness and grandeur of the western imagination, but upon facts and statistics as irrefragable as trutk shores of this continent. Daniel Webster, in speaking of California in itself. I ask, in the name of the suffering commerce of theWest and this Chamber in 1B50, (I quote from a recent work,) used. this language: in the interest of the real growth and prosperity of our nation, to ex­ I am sure that everybody has become satisfied that although California may have \ tend us a helping hand, that the blessings of national legislation in a very great seaboard and a large city or two, yet that the agricultural products aid of national commerce and for its protection may be extended in of the whole surfaoo now are not im&' bushel, or ~U.25 percental, et,875,000,000. It would feed a. population of 500,00~000, mines, of prolific fields of agriculture, of pa-storal wealth, of vine­ or something less than one-half the whole population of the earth at tha.present yards unsurpassed in beauty and fruitfulness, of industry, of enter­ time-a population exceeding that of Europe and Africa, or Europe and America prise-of all that is implied in the·titular designation of empire in its together, nearly twice that of British India, and greater, even, than the teeming most comprehensive sensa and which now constitute the States and population of the great empire of China. Territories of the far West-formidable, majestic, and wealthy rivals After &peaking further of the great fertility of the wheat-producing in commercial greatness of an equal number of any of the most enter­ valleys of the Pacific Northwest, speaking of ·them as the peocs ()f prising aml wealthy of the sisterhoods, did not then exist to attract the celebrated valley of the Nile, which in ancient times supplied the to our western sh9res the merchants of the east and the west, and the world with bread, it proceeds as follows: ..ships of Europe and Asia and their dependencies. To-day it is differ­ In

/ 390 CONGRESSIONAL RECORD-SENATE. JANUARY 10,.

million.farm&a of Europe and the older States on small-sized farms of their own, into the conditions of the harbors of that coast, or that Government while those of California and Oregon have room for 430,000. Reckoning in work­ will refuse to enter upon a work so imperatively dema.Jlded by the men and their familiesJ. ~e wheat lands of the coast can give employment in their cultivation to a. popwation of 15,000,000; while taking iii. to acconnt tradesmen, tl'ue inte1·ests of commerce f While the Atlantic coast from the Bay of manufacturers, merchants, &c., they can support in comfort and afHuence not less Fundy to -Florida Keys, through the generous and just action of our than 35,000,000, or a population equal to that of France to-day, greater than of Italy Government, is lined with breakwaters, artificial harbors of refuge, or Great Britain, and almost eqnal to that of Germany, and these countri'es are the greateRt and most powerful on the globe. In fine, the capacity of the coast as a light-houses, life-saving stations, and other aids to marine commerce wheat producer, and only on these lands which are immediately available for tillage, · and protection to life and property on the hiO'h seas, must the mari­ is eqnal to nine times the largest production of the whole United States in the best ners, the shippers, the traveling public of the North Pacific Ocean f8r crop years recorded. , nearly two thousand miles of sea-coast be left to brave compn.ratively It is proper to remark in this connection that at the time the above unaided the daily perils of whn.t not unfrequently-w-onld seem to be was written, two years ago, the great extent and unparalleled capac­ a misnamed and treacherous Pacific 'f ity of the wheat-producing area of Oregon ·and Washington Territory From a personal experience of over thirty voyages between the were but partially known or understood. These mighty factors in ports of San Francisco n.nd Portln.nd I nm able to speak with some external and internal commercial prosperity to which I have attracted degree of accuracy in reference not only to the commerce and its attention, operating as they do through our foreign and coastwise necessities but the petits also of this coast. I will only sn.y in refer­ trade, have transformed the waters of the Pacific Ocean between the ence to these last that while they are no greater than those of ordi­ strait of Fuca and San Francisco into one vast national highway, nary ocean travel, and in fact much less than those of many Gther where pass and repass daily in scores the ships of all nations. Four routes, they are, nevertheless, none the less, as some may suppose, regular steamship lines are now operating regularly the whole distance from the fa.ct that these are waters of n.n ocean called the Pacific. between San Francisco and PQrtland, Oregon, via the mouth of the But no other wei~htier argument is needed than that conveyed in the Columbia River, one between Portland and Sitka, and one l.letween lists of marine

.Jfa1·itinte disasters north of San Francisco j1·ont January 1, 1861, to December 31, 1869.

~am e. Place. Amonnt. Remarks.

1861. Jan · --· Bark Acadia .• _·- ...... - .... -.··-· .•.• -.•. Trinidad, stranded··-· .. ·-·····--·-··-·· •• ··-···. ··· -· •••.•••• $5,000 Total loss. . MII!Y·-· Ship Sea.Nymr-··-·············-····· ···· Point Reyes, stranded . .•.•••.•••••.••••• _• •••.•. __ ..••••••• __ . 300,000 Total loss. .May·-· Columbia River Bar, stranded.··-····---·····-···---·······-·· 30,000 Total loss. June . . - ~~~ ra~tn~.. ~:: :::::: ~ ~:::: :::::::::::: 60,000 Total loss. July .. . Shooting Star ...... -.-.••• . •. --. 8: ~N!i~o~~iz~:::::: :::::::::::: :::::::::::::::::::::::: 3,650 Sept .. . Persevere .. __ .. ··-·-·-··· .• ··-· ··---- 011' Cape -Flattery, foundered .....•.•••••••• _••.•.•.•.•••••.... 48,000 Total loss. Oct·-·· Schooner Anglo-American . -....• -- •••.•. . Off Tomales, strandAd ..••••• _..•...•...•... _.•...... •..• _. 4,500 Oct·-·· Bark H..'U'tford ···---...... ···-·· ...... ---· H001boldt Bar, deck swept.--.-- .....•.•.•••....••.••.•..••••• 1,000 Oct·-·· Schooner Jlln.rin .. __ •.. . • . ..• . __ •• _.••... _. Tomales, stranded. ·-··--···-·········-·-···-···-·········· .••. 3,500 Tot..11lloss. Oct ... . Schooner European . .... - ..• _•.•...•. -. -.. 1,000 Nov . . . Schooner Ginn. Rood--· ·-····-··-·---··--· ~;~ . =~~~~;;d~d-::::::::::::::::::::::::::::::::::::: 4,800 Total loss. Nov . . . 3,000 I Nov·.. . ~~!:~~~~~~ :~: :::::::::::::::::::: ~~~~ ~~~~:r~~~: ::::::::::::::::::::::::::::::::::::::: 2,000 Total loss. Dec .. . Schooner Queen of the Isles . -.•.•. -... - -·· North Pacific, mis ing -··--···· ------······-·-···-······-····· 8, 000 Total loss of vessel and crew. 1862. Jan .... Schooner T. H. Allen ...... •...... •... - .. Humboldt Bar ...... •••••...... ··-······-...... •...... 6,000 Totalloss. . . Jan ___ _ Schooner Kalnna . ••• - •....••.... _.... -_. . Humboldt Bar . . _..••... _... _.....• ·-·· .•••••.•••••. ··-.•...•.. 6,000 Jan ... . Schooner Sparkling Wave . . -... - .••.••. --. Between San Francisco and Shoalwater Bay._ •.•••. __ •.•.••••• 5,000 Missing ; total loss. Jan ... . Ship Bald Eagle .....•. --··········---·· ... Between Hong-Kong and San Francisco ..•••• _ . _••••.....•. _.. 300,000 Missing ; tot..'\lloss. Jan . .. . 30, 708 Jan ... . . ~~~~~c;aR~~aiie: : :::::::::::::::::::::::: ~~~e~!:.g~~:_a:cr.~ ~~ -~~~s-~:. ~~~ -~-~t~~~ .. :::::: 1, 000 Total loss. F eb, . . . Bark Anna. Barnard .• ·--···---··-···-···· Cape Flatt.ery, stranded . ..•... ·-·······-···--·--······ ····--·· 4,500 Total loss. :March.. Schooner Ella Josephine·-··· -·-···-····-· Between San Francisco and Humboldt. __ ..•... _•. . _... •... __ . 4, !>00 Missing, tot..'\lloss. April .. Schooner Tongawa.nda .• ·--···-----···-··· Capsized 12 miles north of San Francisco Heads .. _.•.. _...... 7, 200 Total loss. Sept . . . SchooncrPrid{) of the West·-········· -·-· 500 Oct. .. . Schooner Florence E. "W\lton. -----· ...... 742 Nov . .. . ts~~~~pe~~~~;::::::::::::::::::::::::::::::::: 1, 000 Nov ... . ~~~!~g.h;.-:Bi~t:.::::::::~::::::::::: Waterlogged off Alb10n River ... .•... ··-·- .••. __ . __ •.•. _•..••. 700 Nov . .. . Schooner .Monterey- ....•.••.•••.. _.... _•. Point Re:ves. stranded ..••.•• ···-... -··-.-·.·-··· . _____ ...... •. 7, 000 .Total loss. Nov .. . . llrig Lopud .. _•. ····-·············· ····-·· Between Po get Sound and San Francisco, leaky .. _.•••. __ ..• _ 346 Dec ... . Schooner Sovereign_.-.- ...... _ •• _•••. _•. Navarro River, stranded·-·-··-· -················-············ 3, 000 Dec ... . Schooner C. W. Gnnnel. ··-·-··-···- ··-·-· Point Arena,s, stranded .•.•• _.•.•••••.•••••.••..•. _. . _.. _•..•.. 4,500 Total loss. Dpc ... . Schooner H. T. ClaY-·-· ····-···-······--- Noyo River, stranded .•• ____ •... ·-····-·- .••..• --- .. ·--· ..••... 5, 250 Total loss. Dec . . . . Steamer SierraNevada _-. ___ .. _•...•..... Between Colnmbia River and Victoria, hurricane ...•••. ..•.•.. 600 1863. Feb ... . Schooner J. R. Whiting .. ·-······· .••..••. Mendocino, stranded. _. _.•... _•... . _.•..••....•... _..•.••..• _. 7,500 Feb ... . 6, 000 Total loss. Feb . .. . ~t:~:~ 1!~:\V:i::_ ·.:: ~ ·:::. ·_·_-::.:::::::: "f~~~~a!iR~e~~=d~d:: ::::::::: :~ ::::::: :~: ~:::::: :::::: ::: 50Q Feb .. . . Brig Quoddy Belle._ •....•.. . •.. _•..... _•. 3, 000 Totalli>ss. ApriL. Schooner Union Forever.-...... •... _•. _.. 8, 000 ApriL­ Schooner Josephine Willcutt.-•.....•• -••• 3,000 Apf"U._. Schooner Francis Helen . .••. _... --..•••••. ~~7[~~~~:~~~~~~~~:: :::::: :::~~~::~:::::::~~:::: 5,000 April .•. Schooner J. E. Mnrdock .•• -·····-·······­ 1,500 Nov. __ _ Schooner Frances Helen._ •••.••••..•••••. 12,000 Total loss. I>eQ .••• Schooner Pride of the West ..•..•...•.••• 3, 500 May ... . Schooner Eagle•.• _•••. -....•.. ~ .•..•.••.. 4,000 Total loss. May . . . Schooner Gafveston .. -. ~ •••.• _.•...... ••. Et~~a~:~r:::::::::::H/::~:::::.E::: 10,000 Total loss. June .. _ Schooner Bril.llimt.·-··· ····-· ...... •.•.. Off Mendocino, dismasted ··-···· -·-· -· ···--··-···-···-. --·--·· 1, BOO Nov . .. . Schooner Mendocino.----•... - ••... -.••.•. Between San Francisco and Mendocino, sails carried away __ •. 1,000 Jan . .. . Brig Eolus ...••• ·-··········-·-··--····--· Struokon HnmboldtBar ··-···---· ····-······-····-····· ···-·· 10,000 ;Nov·-· Schooner Dash away .•••.•••••• - __ •.... ___.. Capsized off Humboldt ...... -·····-·.-·-····-··.·· -·-·-···· 40,000 Total loss. Sept ... Steam Novick------··-·-··--·-- Wrecked on Point Reyes ..... _•...•. :·-···--·-·····-··-······· 30, 000 Total loss. 18ti4. Jnne-.. Shlp Winged Arrow·-···-····-·-······.-· North Pacific, dismasted ·-·· · .. ___ . . . ..•••.• -·-······ __ . .••.•• El,910 Jnne ... 1,000 Nov.·-· ~lk ~~: :::::::::::::::::::::::::::::::: t'~r~~::U~"It~v.~~: ::::::::::::::::::::::::::::::::::::: 6, QOO 1879. CONGRESSIONAL RECORD-SENATE. 391

Ma1itimc dis~ters nortlt of San Francisco from January 1, 1861, to December 31, 1869--Continued.

Date. Yam e. Place. Amount. Remarks.

18Q4. Dec ... Schooner J. M. Chapman •. ; ...•..•..••.... Between Shoalwater Bay and San Francisco, foundered .•...... S!), 500 Missing. Feb ..•. Brig Energy .•...•...••. . . -.-..• ···-···-· 10,000 Oct .••. Schooner Cornelia. Terry ..•..••...•...••.. 3,500 Dec... . ~t ii~l:!ie~~~ ::::~:: ::: == ~::::: :::::::::::::::::::::: 15,000 Total loss, passengers and crew. llov ... . ~~ftrB:a~~;d::::::: ::::::::::::::::::::: Humboldt Bar, lost .•..•....•• ; ...... •...•...... •...... •.... 2,000 ApriL. Bark Ocean Bird ..•..••...•.....•....•.•.. Coast of Oregon, capsized ...... •.•..•...... •...... 9,000 July .. . Ship E. Bulkely .....•.•.•••...... •••••. Point Arenas, stranded ..••••.•••••....••• , .••...... •••••.••.. 24,500 Total loss. Dec .. . Barkantine Constitution •••..••..•...••••• Between Ptiget Sound and San Francisco, heavy weather ...••. 3,000 Dec .. . Bark MaJlo7n: ....•.•••••. . : ....••...•.... NeahBay, stranded .....•.••..•...•••••.••.••...... •.•••.••••• 6,000 Dec .•. Between Puget Sound and San Francisco, shifted cargo ...... 500 Dec •.. ~~{~~~om!~~~:::::::::::::::::::::::: Off Cape Flattery, foundered ..•..••...•....•.•.•••••...•.•, .. . 11,800 Dec ... Ship Caroline Reed .....••••••...... •..... Between Bellingham Bay and San Francisco, heavy weather .. 5,000 Doo .•.. Bark Gilorge Washington ...... •••...... Between Puget Sound and San Francisco, heavy weather . ... . 1, 500 Nov . . . Bark Leonora ..•....••...•••••.••.•••••••. Between Puget Sound and San Francisco, heavy weather .... . 500 Aug .. . Bark Victor.• .•..•....•..•••.•••••.•.••..•. Between Paget Sounll and San Francisco, heavy weather .... . 10,000 ll:l65. Nov •.. Schooner Sarah Louise •..•.•.••••.•...... Thirty miles north of San Francisco, stranded ...... : •...•.... 1,000 Feb ..•. Schooner J. K. F. Mansfield.-~---········· Between Mendocino and San Francisco, heavy weather ...•.•.. 600 :March. Schooner Ann G. Doyle .••.•••...... •.••... 5, 000 Total loss. Sept .. . Sc-hooner Leah .•••••...... ••••.••..•. ~!g~~~;:~::::: :::::::::::::::::::::::::::::::::::::::: 1. 661 Nov .. . Schooner Golden State ...... •...... • :Mendocino, wrecked ...... ••...... ••• .... .•.••.....•. 6,000 Total loss. Nov .. . Schooner J. R. Whiting .•••.•..•..•••...•. Albion River .•••.•.....•.••.••.•...•.•.. -~- ..•••••...... •••. 7, 500 Total loss. Nov .. . Schooner Metis ...•..•••••.•••••..••..... Caspar Creek, wreckell ...•.•..•.••••••••.•••••••••••.•••••.•.. 7,000 Total loss. Nov .. . Schooner Storm Cloud ..••.•••••••..••..... Between Mendocino and San Francisco, wrecked .•••..••.•.... 13,000 Total loss. Nov ... . Schooner Albion .•••.•.••••••..•••.••.••.. For Albion River, from San Francisco .••.••••••..•..•.....••. 13,000 Missing. Nov... . Schooner Lizzie Wild ..••.••.....•••••..•. For Umpqua, wrecked atsea ...•...... •.• . ..•••.... 7,000 ~ov ... . Schooner Helen ...... ••.....•....••••... Point Arenas, wrecked ...... 12, ooo- Total loss. Nov... . Schooner Phrebe Fay •..•.•.•••••..•..... Little River, stranded •.•..•.••..••••• ··-········· ...... ••. 2, 500 Yov ... . Schooner Don Leandro ...... •...... Little River, stranded ...•••...... •.•..••••.•••••...... ••• 500 Dec ... . SchoonerJ. K. F. Mansfield ...... •.. For Noyo River . ...•...... •...... ••...... •••. 5,000 Missing. Dec ... . Schooner European ...... ••....•...•..... For Timber Cove ...... •.•...... •• . ....•...... •.. 5, 000 Missing. Dec .. . Bark Monitor ...... •...... •...... Humboldt Bar ...... • ...... • • . . . . . • . ..•. 1,228 March.. Bark Industry .•••.•.••..•••••..•...... Columbi ~RiverBar, wrecked . •.•..•..•..•.•••.••....•••..••.• 75,000 Total loss. July .. . Steamer Brotli.er Jonathan ..••••....••.... Near Saint George's Point, wrecked ...... •...... •.. 230,000 Total loss. Feb ... . Between Bellingham Bay aner, stranded .....•...... •.•.•...•.....••.....•••. 4,255 Oct ... . :Harken tine Sue :Menill ...... •...... Noyo lliver, 'VJ'ecked ...... •...... •...•...... ••• . .... 16,000 Oct •. . Schooner Sarah . ....•...... •...... San Francisco to Victoria, heavy weather ...... •....••••..••. 1,000 Oct ... . Schooner Hannah J,onise...... • ...... •. San Francisco to :Mendocino, heavy weather ...•..•••...... •.. 1,800 July .. . Bark Harvest Queen .••.••.•...... Hnmbolrlt Bar...... ••...... ••...•...... •••• 940 Jan ... . Bark Monitor...•.•.•.••..•...•..•...... Humboldt Bar ...... •••.•...... •..•••...... ••. 1,228 • Dec .••. Schooner Toando•...•...... • ..... Capsized north of San Francisco...•....•..•...•••••..•...... •• 9,500 Feb .... Bark Oak Hill ...... Puget Sound to San Francisco, heavy weather•..• •...... •.•.•. 12, 7'22 Feb ..•. Bark Ella Francis...• ...... •.•..•. Puget Sound to San Francisco, abaner's Island. wrecked .•••..•..•...... •...... •••.. 25,000 April .. Steamer Labouchere .....•...••...... Sunk off Point Royes ...... •.. , •..••.••••••••.•.•.•.••...•..••. 160,000 Dec .••. Brig Deacon .•...... ••...... San Francisco to Puget Sound, dismasted .••..• ; ...•...... •.• 8, 010 Sept ... Schooner Pride of the West ..•...... •. San Francisco to North Pacific .•••.••••...... •....•....••. 15,000 Missing. 18Q7. Jan •.•. Sohooner Two Brothers ...... •.. Stove ...... •..•....•...... •.•. 1,205 Repaired. March. Schooner Pacific ..••••.•••••.....••..•••.. 2, 800 Repaired. May .•. American schooner Flying Mist .•....•... 2,000 Total loss. July .. . American schooner Two Brothers .•...... ~:s~~~~r:~=:~~~~=:::::::::::::::::::::::::::::~~~:~ 902 Repaired. Sept .. . American steamer Shubrick .•••••...... Stranded at Capa.:Mendocino ••••••.•...•..•.••...•.•...•.•.... 75,000 .l)eo .••. American schooner Kaluna ...•...... •••. 10,000 Abandoned at sea.. April.. .A.meriean schooner Sine Johnson ...... ~N~;~ c~?.~~e-~~t-~~~:::::: ::::: ::::::::::::::::::::::::: 5, 000 Stranded and repaired. April .. American schooner Mendocino ...•.••••••• Wrecked at Mendocino ...... ••••••.•••••.•.•••.••.•••••..•••. 10,000 Total loss. April .. American schooner Josephine Willcut.... Wreck¢ at Mendocino . ....•••••....•••..•• .••••••••••••••••. 8, 000 Total loss. May ... American schooner Noyo ..••..•••.••..... Struck Umpqua Bar and burned at Coos Bay •.••••••••••.....• 60,000 Total loss. Sept·-· WrP...cked at Bowen's Landing .••••••••••••••.....•••..•...•••• 5,000 Total loss. Bee... . ±::~~ :~~~~:~ r~Yf\r~t!~ ::::::::: For Cape Mendocino ....••.•••••..•..••.••.••••••••..•.•••.... 6, 000 Never heard from. Dec .. . American schooner Eliza. Walker.·•.•..... 7,000 Never heard from. Dec . •.. American schooner Enterprise .•••••...... j~~ ~~Eri~~~~~~~::::::: ::::::::::::::: :::::::::::::~ :::~:: 6,178 Damaged in g'al.e and repaired. April.. American bark N ahumkeag •.••••..•..... Wrecked at Drake's Bay ..••••..••.••..•.•••••..••••.••••••••. 11,500 ~I'otal loss. .May .•. American bark W. B. Scr~ton ..•••••.... Wrecked on Columbia River Bar .••... .•••••.•••••..•••••••••. 225,000 Total loss• American bark Nicholas Biddle ...... •. Wrecked in strait of Fuca ..••••...••••• ·---~- .•••••.•...... • 32,000 Repaired in Pnget Sound ·AmericanbarkG. Washington .••.••...... Wrecked in strai~ of Fuca ..••••...... •••••...•.•.•.•••.•••.. 10,000 Total loss. Sept . . . American bar Lizzie Bo_ggs ...... Wrecked near Cape Flattery .•.•.•..••..••••..••••.•••••...... 12,000 Total loss. Jan ..•. British ship Vertigew ••••••....•..•...... From Puget Sound to Auckland, ran for Victoria, condemned. 50,000 Vessel and cargo sold. 1868. Jan .... American schooner Hannah :B. Bourne.••. 3,250 Got off and repaired. Jan.... American schooner Mornmg Light .••..••. ~~:~:edt ~0:!~~::::::::::::: :::::::::::::::::::: ~ :::::::::: 4,000 Total loss with cargo. Jan .••. American schooner Sarah .••••••.••••••••. . 1;500 Recovered and repaired. JIIJl •... American :Malvina. .•.•.••••••••••••• g:~:iz~ ~~ ~t;;! :::::::::::::::::::::::::::::::::::::::::: 800 Recovered and repaired. Feb •••. American schooner Golden Rule .••••••••• Stranded at :Yavarro ....••..••••.•••••••••••..••••.•.•...•••.• 1, 500 Got off and repaiied. Feb ..•. American . F. Blunt . .•••••..•. From Noyo, stranded at Drake's Bay .•••••..•..••.•• .•...••.•. 3,000 Got off and repaired. 392 · CONGRESSIONAL RECORD-SENATE. 'J A.l.~ARY 10,

Mm'itime dl.sasters 1w1·th of San Pran

Date. Name. Place. Amount. Remarks.

1868 Feb ... . .American schooner A.da May ...... ••••••• From .Albion, stranded at N oyo ...... $i50 GQt off and repaired. June .. . American brig Commodore ...... •.••• Struck Coos Bay Bar, sprung leak .•.•••.•••••.•••••.•.•..•... 4,278 Repaired, San Francisco. Nov ... . .American schooner Ella Florence .••..••. Wrecked at Mendocino ...... 5,500 Got off and repaired . Dec ... . American schooner Sine Johnson .••...... Stranded at .Albion ..••••...•••. .••.•.•••••••••••••.••••••.•••• 2, 500 GQt off and repaired: Dec ... . American schooner C. P. Huestes...... •. Capsized at sea and drifted ashore at Noyo .•.•.•••••...••••••. 6,000 Total loss of vessel and cargo. Dec ... . American schooner Henrietta. .•••.•.••••• Wrecked at Tomales ...... 4, 000 Total loss of vessel and cargo. Feb .•.. American brig Sheet .Anchor .....•...•.... Wrecked at Coos Bay ...... 7,313 GQt off after six months' detention and repaired. Feb .••. A.merican brig Hugh Barclay ..••••••.•••• 12,000 Total loss. J!'eb . ... American schooner .Anna Beck .....•..••. :O~i~;~.~~~~2a~-~i8:: :::::::::::::.:::::::::::::::::::: 750 Returne(l to San Francisco for repaire. March. American s<..'hoonerColnmbia. ...•••••...... Wrecked at Cnffey's Cove in gale ..•..••••••.•.••...... ••..•.. 5,000 Tot.alloss. March. A-merican schooner Sa.rah ...... Stranded at Noyo ...•••.•..••••••.•••.....•••.••••..•••.•••.••. 1. i50 Got off and repaired. April .. .American schooner B. H. Ramsdell •••••• Bound for Mendocino, lost foremast-head . .•••••.....•.•...... 500 May ... American schooner S. F. Blunt ...... Wrecked at Point Arenas ..•••••.•••••...••...•...... ••.•• •••. 3,000 Totallos11. Sept ... .American schooner J. A. Burr .•...•.••.•. Sunk at sea., off Russian Ri7er ...... 2,500 'l.'oulloss. Oct .. .. American bark D. M. HalL. ...•••••...•.. 9, 000 Total loss. Sept.. . . American bark Ocean ...... 8,000 Total loss. July ... .American schooner Louisa Downs ...••..• ~a~~~ ~~~:i;a:::~~i: ::::::::::::: ~:::::: ::::::::::::: 5,000 Total loss. Oct ..•. Italian bark Palestro...... For Paget Sound, injured in gale, ran to San Francisco, con- 15,000 demned. Nov•... .American bark Mary ...... From Po~et. Sound, injured in gale ...... 1, 200 Repaired. . Dec.... American 3-m. schooner Forest King ..•..• From Paget Sound to Honolulu, damaged in gale .••.••••..•.•• 1, 160 Repaired in San Francisco. Dec.... Gautemalan ship Clarissa ...... From Puget Sound to Valparaiso, da.triaged in gale ...... 8, 766 Repaired in San Francisco. 1869. Stranded in .Albion River...••• .•...... ••.••...•••...... • 14,100 Got off and repaired. ~:~ ~::: !.::~= :g:~=~ ~~~ ~71~~:: :::::::: Stranded at Point Arenas ...... 1,500 GQt off and repaired. Feb .... American schooner West Evans .....•.... Stranded Cuffey's Cove ...... 5, 962 Got off and repaired. .April .. American schooner A. J.Mooje ...... Wrecked at Bowen's Landing...... ••••.•••••...••.•.•..•••. 5,000 Total loss. Apri1 .. American schooner .Amazon ....••.•••.•.. Stranded Point Arenas ...... 2, 870 Raised and repaired. Au_g . . . American schooner Costa Sacramento ..... 1, 500 Saved. Sept!>.. .American schooner Louisa Simpson . ...•.. 1,500 Put in Albion. Sept . . . American schooner Twin Sisters ...... ~~~l~f~l!-?~::-~- ~- ~-:~- ~-~·::::::::: :::::::::::::::::::: 5,600 Saved. Nov . . . AmeriCan. schooner J. J. Fransen .•••••.••• 12,000 Total loss. Dec ..•. American schooner .Alaska ...•••.... •••. 5,000 Total loss. Dec .... .American brig Ida D. Rodgers ...... l2, 000 Total loss. Dec .... American schooner .Ajax ...... ~a~~ i~~li~~ ~ ~ ~ ·~ ~ ~ ~ ~ ~ ~~~ ~ ~ ~ ~~~~ ~ ~ ~ ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ ~ ~~~ ~ ~ 8,500 Total loss. Nov.... .American schooner Sovereign ...•..•.....• 2,000 GQt off and repaired. Dec.... .American schooner Haze.... • . • . . • . • • . • .. 2, 500 GQt o~ water-logged, nnd repairod. Dec.... .American schooner Oste~ .....•....•.. : • . ~=~~ ;l~:6~;-~~~::: :::::::::: ~:: :::::::::::::::::::: 1,200 Repaired. Feb.. .. .American bark Harvest Queen .•••••..•••• Off Cape Mendocino, foundered..•••.•••••...••.• ...... •••...•. 13,000 Never heard from. Nov ... ·American bark Kutustoff ...... •••••.... From Hellingham Bay, foundered ...... 14,800 Never heard from. Nov... American bark W. A. Banks ...... Wrecked strait of Fuca .•..•.•.•••...•.•...•...... •.•••...•. 6,600 Total loss. Dec.... American schooner Ward J. Parks .•..•.. Stranded strait of Fuca...... 3,827 6-Qtoff. June ... .American schooner Lizzie ..••...•...... For Sitka, damaged in gale .•••••••••••.•••••.•••••..••••.••••. 1,500 ~tu_~s~ San Francisco. Feb .••. British ship John Bright.••...... ••..... ~~nluget ~und to Coquimbo, wrecked at Vancouver's 15~ 000 Nov. .. .American bark M. J. Smith ...... From Paget Sound to A.ustralia, wrecked at Vancouver's 21,000 Total loss. Island. • Dec.... British bark Ruby ...... From Puget Sound to New Zealand, wrecked at Vancouver's 22,500 Total loss. -Island. Dec .... American bark Vernon ...... From Puget Sound to Honolulu, foundered ...... ••..••••...••• 10, 000 AU perished.

Maritime disasters '1/orth of San Fra11ci.sco ft·om January 1, 1870, to June 3Q, 1878.

Name of ve83el. Place of disaster. Remarks.

1870. Feb .. : . .American bark Charles"De,rins ...... •. Coos ".Bay to San Francisco, parted hawser while in tow, went $5, 000 Partial los . ashore ancl sunk. May ... American brig Occident .••.••...•...... San Francisco to Coos Baitui . . . . • . . . • ...... • • • ...... • • • • . 15, 000 Total los;;. June ... American steamer Active .•.•...... Total loss. June .•. American schooner Bunkalation ...... Total loss. Oct ••.. American schooner Alice ...... ••••. f~~!!~~~N!=: s·~i: :::::::::::::: ::~ ~: ::::::::::: :~~~ ~~ ~~ Total loss. Nov ... American schooner Wild Pigeon •....•..•. Went ashore at Stewart's Point ...... Total loss. Nov .. American schooner Idaho .....••••...... Alaska to San Francisco ..•..•••••••••••••••...... •....•...... •.•••••• Never heard from; 8 li\VeS loat. Nov ... .American schooner Florence...... •.. Total loss. Dec .••. .American schooner Norwester ...•.•....•. ~g;!de~s~{!I!~~:r~f:~~~:::: :::::::::::::::::::::: ::·::: :::::::::: Total loss. Dec..•. American schooner Alice Haake ...... Humboldt Bar ...... •••. : ... . Partial loss. Dec •••• .American schooner Potte11 •••.••••••.••••. San Francisco to Arctic Ocean ...... Never heard from. 1871. Jan •••. .American bark Massachusetts .•...... San Francisco to Scammon's Lagoon ...... Total loss. Jan •••. A.merican bark Forest King ...... •.••••.. Total loss. Jan .••. American ship B. Aymer ...... •... 1}~~d~~~:t,BA~~~~~:: ::::::::::::::::::::::::::::: :::::::::: Lost at sea. Feb •••. American schooner Kate Piper.·.•..•.•.•.. Driven ashore at Stewart's Point in a gale...... ••••...... •••••.... Partial loss ; repaired. Feb •••. American schooner William ...... •....•. Stranded at Stewart's Point in a gale...... • ...... •..... TotallQss. Feb •••. American schooner Anna .•••..•.....•.... Repaired. Feb ..•. American schooner Francis ..•....•...... l:.epaired. Feb .. .. .American schooner Lizzie Derby ....•.... Returned to San Francisco foc repaiftl . Feb ... . .American schooner Fannie A. Hyde ..•.•• ~lk!Ii~ !i!~~ ~ ~~~~~~~~~~~~~=~ ~~~ ~~:::: ~~~~~~ ~=~~~~~::: Returned to San Francisco for repaits. Feb .. .. American schooner George Hinrich ..•.... Went ashore at Stewart's Point ...... ••.••••••...... •••...•...•••.•.•• Total loss. Feb .••. American schoonhl' Huiehica ...... •. Stranded at Stewart's Point. Feb ..•. .American schooner J. H. Roscoe ..•.....•. Alaska coast, stranded . . • ...... • . . • . • • . . • . • • • • • . • . • • • • • . • • • • • . •.•••.... GQt off and repaired. Feb . .• .. American schooner Fanny Piper ...... •. Stranded in a gale at Stewart's Point ..••.••..•...... •••••••••...•...••. Total loss. Feb .••. .American schooner Tolo ...•.....••..•.... Stranded at mouth of Casper Creek .••.••..•...... ••..•.•••••.... ¥:.~r~. and 2 lives lost. March. .American schooner William F. Bowne ..•. Stranded at mouth of CasperCreek ...... · •.•.... April .. .American schooner ¥argaret Crockard ... Capsized at Coos Bay Bar . • • • • • . • • • . • • • .. • • • • • . . . • • . . • • .. • • • • • 3, 000 Repaired in San Francisco. April. .American schooner GQlden Rnle .••....••. Stranded at Bowen's Landing ...... Disabled, and towed to San Franciaoo. May ... American schooner ~Cleveland .•...•• Stranded at Stillwater Cove .••••••••••••.••..•••••••••••.•••••••••.•.••. Towed to San-Francisco and repaired. May .•. American schooner Clara L. West ...... •.. Cook's Inlet ...... Total loss. June .•. .American schooner Brilliant...... ••.•.... Total loss. July ... American bark Washington .••..•••••.... ~=~: :~ g~~ ~ ~~~~~~-~:::::::::::: :::::::::::::::::::::: :::::::::: Totallo83. Oct. •••. American bark Whistler ...... San Francisco to Portland ...... Partial loss. Nov .. . .American brig Crimea .•••••...... •.. Returned to San Francisco for repairs. Nov .. . .American schooner Vanderbilt ...... ~ ~~~= f~ s~~~~g{fJ,~~::::::::::::::::::::::::: :::::::::: Partial loss. Nov .. . San Francisco to Stewart's Point...... Partial loss. Nov .•. !:~:~ t~~~;~t1f~·a·.-~~ia:::: Total loss. Nov ... America.n bark Live Yankee ..••••..•..... ~~1~?fo:EJ:!~~~~~~~-~~~~-~~-~~~~~-~~~::::::: ::: ... :~: ~- Never heard from. • 1879. CONGRESSIONAL RECORD-SENATE. 393

MarUi11te disasters nm·t-h of Sa1L Francisco jron1r Jamtary 1, 1870, to June 301 1878-Contiimed.

Date. Name of vessel. Place of disaster. Remarks. •

I Sill. "Nov .•• American schooner .Amanda. A.ger •••..••. Humboldt to San Francisco .•••••.....•..••.•..•••••••.•...... •••••.••. Never he:mlf:rom. 'Doo. •• . American brig Kitty Coburn .••••••••...•. Betwoon Bnrrard's Inlet and San Francisco .••••...••••••••••••••••••••. Partial damago. Deo.... American ship Winawa.rd...... • . • • • • . . . • . Off Columbia River...... • • • • • • • • . • . • • • • • • • . • •• • • • . • • . Cnt away masts to save 8lU.... Dec •••• American bark Shooting Star ...... San Francisco to Nanaimo; stranded ...... Got off and returned to SaD. FraacifJoo for repairs. Dec .... American schooner Liberty ..••••••••.•••. Stranded at Timber Cove ...... American schooner Alaska .•.•••.•••.••••. Month of Coqnille River ...... -...... $2,500 Partial loss. Amerir.an steamer Commodore ..•••.....•. Wrecked off Coqnille River...... 4, 000 Total loss. American steamer U. S. Grant ...... Driven ashore at month of Columbia River ..... ~ ...... Total loss. American ship Helen Foster •••••••••..••. NeahBay ...... Partial loss. American bark Mallory ...... Partialloils. German ship CorneliJl...... ~::e~~~d: :::::::: ~=:::: :::::::::::::::::::::::::::::::::: :::::::::: Partial loss. Amex} can sloop Decatur ...... Off Washington Territory ...... Total loss. 1872. Jan ..•. American schooner Starr King •••.••.....• San Francisco to Coos Bay ...... • .. • • • • .. • • • • ... • .. • .. .. • 15, 000 Never heard from. Feb ••.. Stranded off Navarro River ...... Total loss. Feb .... ±::~~ :~~:~=~ ~il~=~:: ~ ~ ~:: :: Broke from moorings at Mendocino ...... Total loss. Feb .••. American schooner Meldon ..•••••.••...•. Stranded in Cnffey's Cove ...... Repaired and lannched. Feh..•. American schooner Therese ..•.••..•..•.. Dragged ashore at Point Arenas ...... Got off and repaired. Feb .... American schooner B. F. Lee ...... Got off and repaired. Feb •••. American schooner West Evans .••...... • ~~~ ::~~;: :~~~~! ±::::: ::::::::::::::::::::::: ~==: :: :::::::::: :&ebnilt. Feb .... American schooner Emilie Schroder ...•.. Dragged ashore at Point Arenas ...... Got off and repaired. March. British bark Speedwell ...... Dragged ashore at Point Arenas ...... Total loss; part of cargo Mved. .April .. American schooner Elnora ..•....•••....•. Partial loss. April .. American schooner C. A. Drew ...•.....•. ~"1l'~i~~ru.~~~:::: :: ~ ::::: ~::: ::::::::::: ~=::: :::::::::::::: :::::::::: Partial loss. .April .. American schooner Hannah Louise ..•.••. Wrecked off Rnssian Gulch ...... Total loss. May .. . American schooner D. S. Williams ...... Between Humboldt and San Francisco ...... Repaired at San Francisco. May .. . American schooner W. H. Meyer .....•.•. Pnget Sound, stranded ...... Pal1ialloss. .iJune .. . American steamer California ...••..••.••. Damaged on passage from Victoria to Portland, Oregon .••...... •...•.... Taken to San Francisco for repa.irs. June .. . American steamer Idaho ...... Partial los. . . ..A.ng .. . American schooner Energy ..••...••...••• ~?':&~c~~~ ~~~\~~-~:: ::::::::::::::::::::::::::::::: ::·: :::::: Dismast€u. .()ct •••. American schooner Walter Raleigh . .••••• Capsized anll drifted ashore near Cape Flattery .•.•••..••••..•. All lost. Nov .... American bark Chris. Mitchell ...... Sprang a leak at Port Madison ...... Repaired at San Franci ·co. Nov..•. American ship CoqnimbD ...... Sprang_ a leak at Port Madison ...... Rep:lirod at an Francisco. Nov.... From .rort Discovery...... • ...... Put into San l<"rancisco for repairs. Dec ..•. ~~=t~~;; :Fre~o~i: ::::::::::: San Francisco to Oonalarka ...... • ...... • ...... • .. .. • ...... Disabled. Dec .••. American steamer George S. Wright ...... Sitka to Portland ...... Never heard from; 33lives loi!t. American schooner Amethyst .•...... San Francisco to Port •.rownsend ...... Fartialloss. American bark Almetra ...... Bnzzard Inlet to Australia ...... PartialloS3. American schooner Meldon ...... ••. Total los." wit·h all on board. American schooner Emma Adelia ...... ~ff'~::a~~a~~ed~~~ ::::::::::::::::::::::::::::::::::::: 10,000 Vessel aml ono mau lost. t873. Jan .. . American schooner Wm. Mighel...... San Francisco to Tomales ...... One man lost. Jan.... . American schooner Sovereign ..•...••.••• Ofl'Rnssian River, California ...... Total loss. Feb .••. American schooner Mary creveland ..••.. San Francisco to Point Arenas, stranded ...... •.•...... •.•...... Returned to San l<'ranciS('O for repairs. April .. American schooner Light Wing .••• : .•••. Stranded at Salmon Creek ...... Total wre<·k. June .. . American schooner Enterprise .•••••...... Stranded at month of Umpqua Bay ...... • . . . . . • .. • • .. . • • . . . . . 10, 000 Oct ... . American schooner Nellie Edes .....••••.• Struck roof in Cook's Inlet ...... Disa.bled. Oct ... . American schooner William Ireland ...•.. Stranded on Oren[a Island in a gale . . .. . • . .. . • ...... • . 0, 060 '.rotalloss. -Oct ... . American steamer Fearless ...... Stranded in Coos .t53Y • • • • • • • • • • • • • .. • • • .. • .. • .. • • • • . • • • • • • • • • 8, 000 ·Oct ... . American schooner Bobolink ..•....•...•. Stranded at month of Umpqua River...... 14, 000 i~~~ 1~s s: .:Nov •.•. American schooner Pinol .•••••.•.•.....•. Stranded at Stewart's Point ...... 3, 500 Total loss . Nov-.. American llchooner John Httnter •••••••.•. Stranded at Yaqnina :Bay ...... • ...... •...... 10,000 Total loss. J>ec .••. American schooner Mary Hare •...... •. San Francisco to Humboldt, capsized...... !:!, 000 Total loss; 6live loi~t. .Dec .•.. American schooner Ann M. Iverson .••••• Drove a-shore at Point Arenas...... 5, 000 Total loss. Dec .••. American schooner Elida ...•.•.•••....•.. Coos Bay to San Francisco, capsized in a st{)rm ...... 10, 000 Total loss; 15 li>es lost. Dec .... American sloop .Artfnl Dodgar .•...••••••. Stranded at Protection Island...... Total loss. .Dec..•. Amerian~loopN. L. TibbalS ...... Total 'loss . Dec ..•. American sloop True Blue.•••••...... •.. ~~n~~~!:dg~! tc~~~~r·:::::::::::::::::::::::::::::::::: ::: ~::: ::: Total loss. Dec ... . American schooner Forest King .••••.•.•. Stranded on Vancouver's Island ...... •.rotalloss. Dec ... . British"bark Resedale ...... Stranded on Vancouver's Island ...... Partial los . Dec ... . British bark Fanny...... Stranded on Discovery Island ...... ,...... Total loss. 1874. .Jan ... . American ship Panther ...... N anaimo to San Francisco, lost in storm at N avatTO Reef. 39, 000 Tota.llosa. Jan .. .. American schooner Laura May .•.•...... Stranded nine miles north of Coos Bay ...... 14, 000 Tota.lloss. .Jan .•.. American steamer Diana ...... Off Cape Flattery, disabled. drove ashore, and broke np ...... 10, 000 Totallosa . Feb ••• Amerian steamer North Pacific••...... •. Stranded in gale in strait of Fuca...... • ...... • ...... 4, 000 Partial load. Feb •... American schooner H. Caroline ...... Wrecked at Tomales...... 1, 175 Total loss. March. Fr0nch brig Side .•...... •..•..•••..••.• . . Wrecked at Sand Island, month of Columbia Ri\er...... 52,000 T&talloss. March. American schooner J. :Mora. Moss ...... Capsized in a beary squall off Stewart's Point...... 4, 000 Total loss ; 1 man lost March . American bark Chris. Mitchell.••..•.•.••. Wrecked at Dungeness...... • ...... 6, Bi.> Total loss. Jrlaroh. American schooner :Margaret ....•...••.•. Sitka to San Joan Isklnd. wrecked in a heavy gale ...... Total loss. April .. American ship James Cheston •••••••...•. Partial loss. May .•• American steamer Eastport.•••....•••••.. ~~~:: il:z:eoa::tt~ ::::::::::.-.-.-,._-_-.-.-.-:.-::::::::::::: :: ~: ggg Pa.rtiallo s. • .June... British ship Prince Alfred ...... •.•..• Stranded on Duxbury r.eef ...... :. . . . • ...... 120,000 Total los.;; . .July ..• British ship Warrior Qnoon ...•..••...•... Stranded north of Point Reyes...... 40, 000 Totnllos . Ang... . American schooner J. E. Haskins .•...... Capsized off Point Reyes ...... -...... 2,500 Total loss. en ashore at Little River...... 16,000 Total loss . .July .•.. American bark Clara. R. Sutil...... Struck by hea•:v sea on passage from San Francisco to Coos Bay. 1, 800 I Total loss. .July.... American schooner Eaatport ..•.•...... Stranded :!?ear Point Arenas...... 64, 000 Totalloss; 3li>es loat. American schooner Sitka...... Wrecketl m gale at Wrangel, Alaska...... 1, 050 Total loss. ~~~::: American btig Willimantic...... Foundered in heary gale ncar Humboldt Bay...... 10,000 Total loss ; lives lost. Nov• . _ . American schooner Dud...... •. Capd:m I slantl. strandetl in a gale...... • . • ...... • ...... 3. 000 . Total loss. 394 CONGRESSIONAL RECORD-SENATE. J.L'WARY 10,

Maritime-disasters nm·tlt of San Francise6 from, January 1, 1870, to June 30, 1878-Continued.

Date. Name of vessel. Place of clisaster. Remarks. • 1875. :Yov.. •• American steamer Pacific ...... Collision with the American ship Orpheus, tbil-ty miles south- 100,000 Total loss; 236lives lost. . west of Cape Flattery. Nov .. .. American ship Orpheus ...... Barclay Sound, British Columbia., stranded ...... 40,000 Total loss. Nov... . American schoonerW. S.Phelps ...... San Francisco to Shoalwater Bay, stranded in a tornado ....•.• 3,000 Partial loss. Nov .. . American ship ll:mily Farnham ..•.••...... Stranded at Destruction Island ...... ~.ooo. Total loss ; 2lives lostt. Nov .. . American steamer Gussie Telfair •.•..•.•. Stranded near mouth Columbia River ...... •••...... •...... 6,000 Partial loss. Nov .. . American schooner Meta Bend .••...•••••. Stranded mouth .Rogne River ...... 7,000 Totallo s. Nov ... American bark David Hoa.dly ...... Lost part of cargo in heavy gale off Columbia. River .••..•••.• 450 Partial loss. Nov .. . American bark Florence ...... Abaridoned twenty miles south of Umpqua River ...... 8, 000 Total loss; 9 lives lost. Nov .. . American schooner Sunshine.•...••...... • Ten miles north of Cape Foulweather, capsized and drifted 45,000 Total loss ; 20 li-ves Jo&t, ashore. . I Nov . .. American ship Coquimbo ...... Stranded at Point Wilson on passage from Port Madison to 3, 000 Partiallo s. San Francisco. Dec ... . American steamer Los Angeles ...... •... Broke en~e in heavy gale south of Columbia. River ...... One life lost. Dec ... . American bark Oak Hill ...... Port Blak:ely to San Francis'co ...... :.. . . • .. . • ...... 5, 000 Partial loss. Dec ..•. American schooner Sparrow ...... •.••. Stranded at mouth of Umpqua. River ...... Partiallo . Dec .... American bark Powhatan ...•...... ••.•••. At sea off Cape Foulweather, heavy weather... . . • • ...... • . • • . 200 Partial loss. 1876. ,Tan ... . American bark Rival ...... •...... •..•.. Stranded at mouth Columbia. River.••...•..•••...... • . .•••.••. 200 Partial loss. Jan .. .. American schooner Kate L. Heron .••....• From Tillamook, dra~ged ashore at Smith's Point ...... ••...•. 200 Partial loss. Jan .•.. American schooner Ca.rolita. .••...... •.••. Stranded at Fisk's Mill ...... 16,000 Total loss. Jan ... . American schooner Harriet Rowe ...... Stranded at Port Orford...... 8,000 Total loss. Feb ... . American schooner Uncle Sam ...... Wrecked off Cape Foul weather...... 14,000 Total loss; 6lives lost. Feb ... . American schooner Susie ...... Stranded at Stewart's Point ...... 5,800 Total loss. Feb ... . American bark Iconium ...... Southwest of Cape Flattery...... 2, 000 Partiallo s. .April .. American schooner Caroline Medan .••..•• Stranded at Yaquina Bar...... 8,200 Total loss. April .. American schooner Albert and Edward ... Capsized at Humboldt Bar ...... 11,750 Total loss; 5lives lost. May ... American schooner Jas. Townsend..• ••••. Off Dodega, in rough sea...... 5,500 Partial loss. June ... American schooner Bill the Butcher..••• ~ June ... American steamer Panama ....•...... • 5 Collided off Bowen's Landing ...... 3,200 Partial loss. Aug ... American schooner Undaunted ...•.••.•.. Stranded at Bowen's Landing ...... 4,000 Partial loss. Aug ... Stranded near Columbia. River Bar...... 2, 500 Partial loss. Sept ... ~:I~!~~c:o~~~rnfi~;~~;;b::::::: :: Stranded tttPointReyes ...... 110. Partial loss. Oct •••. American brig Perpetna ...... Coos Bay to San Francisco, foundered at·sea off Cape Gregory. 17,000 Totallo ; 4 lives lost. Oct .. .. American schooner Fidelit.er .••••...... Dragged ashore at Cu.trey's Cove ...... 30,000 Total loss. Nov .. .. American schooner Fairy Queen .•••••..•. Off Mendocino, SJ?rung a leak...... · ...... 1:10 Partial loss. Nov .. .. American steamer Pelican ....•••.••...... Off Capo llendocmo ...... 1, 750 Partial loss. Nov.. .. American bark Gem of the Ocean ...... At sea, on passage from San Francisco to Seattle.....•..•••.. ~ . 150 Partial loss. Jan ... . Stranded at Cape FlAttery ...... 20,000 Total loss. Jan .. .. !::g:~ - t~lkco:k~~:: :::::::::::::: Slranded in thick weather at North Point Shoal, Wa.ah. T ... . 100 Partiallo s. Feb .. .. American schooner Artful Dodger•••..... Stranded at Bowen's Landing in heavy sea .... .' ...... 4, 300 Totallo . Feb .. .. American schooner Ida Schnauer ...•.•.•. Drap:ged ashore in gale at Dnngeness ...... -· .. .. 150 Partial loss. Feb .. . American schooner Sparkling Sea...... ••. San Francisco to Coos Bay ...... 600 Partialloss. , April .. American schooner MorniBg Star ...... •. Sprung a leak, water-~ogged , and capsized southwest of Point 12,175 Total loss ; 1life lost. ~yes. April .. American schooner Lizzie ..•.••...... Stranded at Yaqnina Bar ...... 3,500 Totalloss. April .. American Schooner Mose .•••.•....••...•. San Francisco to Coquille River; gale and heavy sea.....•. ... 600 Partialloss. June .. . American ship Washington Libby ...... Seattle Harbor; accidental ...... 4, 000 Partial loss. June .. . American bark Cambri

I have, Mr. President, thus relucta;ntly felt constrain~ ~o bring from all the advantages possessed by the point named, we would ask for the imme­ diate construction of port of refuge irrespective of any local considerations, :uul forward this array of marine loss of life and property, believmg that would so pray. true statesmanship would not, for mere temporary ~enefit or local Adopted by the house, Sep~mber 13, 1878. pride, permit any concealment of the truth o.r suppressiOn of re~l bc~s. J. M. THOMPSON, The permanent aid to our commerce designed by the pending bill Speaker of the HOfl-Be. Concurred in by the senate, September 25, 1878! wil1, I trust, in the future, when years shall have passed away, more JOHN WHITEAKER, than com pensate for any supposed temporary cloud that may be thrown President of the Senate. over the commerce of .that coast by a truthful exposition, not only of That the vast interests involved in the present commerce of these its extent and advantages, but of its disadvant-l.ges and perils as w~ll. waters, the present disadvantages and perils being considered, would While we may not in all things welcome Mahomet as our pattern, he, more than justify an immediate expenditure of the amount necessary to· we are told "destroyed to· save, and planted science and art in fields complete within a ye:u- a breakwater and harbor of refuge, were such fertilized by blood." The physician who would effect a cure in an a thing a physical possibility, there can be, it seems to me, no question. intelligent and speedy manner must of necessity understand the nature. When you take into consideration the time that must necessarily be of the disease and the perils to which the patient is exposed, and how employed in completing a great maritime work like this, even with. often then to save must tbe knife be applied and the limb amputated. the most lavish appropriations and under the most favorable condi­ The true sentinel on the watch-tower, unlike the pirates on the tions, the necesSity for the speedy commencement of the work becomes coast of Barbary who allure but .to deceive and destroy, will proclaim at once conclusively-apparent. . aloud to approaching fleets the dangers of the. passage. . . A suggestion or two in regard to the great length of time neces­ The Government, in view of these frequent disasters, has Withm the sarily required in completing any ~llch work: a partial breakwater past two years taken one important step in the right direction by accopllng to a survey made at Trinidad on the Pacific coast, esti­ establishing, thro~gh the v_ery efficien~ United State!J life-saving serv­ mated to cost $3,076,500, containing 762,000 cubic yards of stone, and ice eight life-saVl.ng stations on thlB coast, to Wit: at Neah Bay, requiring two tons to the cubic yard, would, according to the report Sh~alwater Bay, Cape Disappointment, Cape Arago, Humboldt Bay, of the board of United States engineers for the· Pacific coast, with Bolinas Bay, Golden Gate Park, and Point Con~eption. This was d~ne the necessary money appropriated each year, require under the most in accordance with an act of Coogress passed m 187 4; and the serVIce favorable circumstances of wind and tide nearly eight years in the should be extended to other points. Impressed, therefore, Mr. Presi­ construction; while the completion of the whole work, costing accord­ dent with this view of my duty, feeling called upon to "cry aloud ing to the estimate $7,694,500, would under like favorable circum­ and ~are not," I feel constrain~d, in addition to :vhat I have alre~y stances require necessarily seventeen and nine-'tenths years in com­ stated on this branch of my subJect, t.o call attentiOn to the followmg pleting it. The board of engineers for the Pacific coast, therefore, statement made by the United States board of engineers for the Pa­ very properly state in reporting upon th.e necessities af a breakwater cific coast in their report of February 14, 1877: on the Pacific coast, that although the interests of commerce at any The distance from San Francisco to Neah Bay, at.the entrance to the strait of time on any pn.rticular coast may not be of such magnitude as to­ Fuca, is SIJVen hundred· nautical miles. While there are many open anchorages require so vast an expell(liture immediately, still, say they, if we can scattered :ilong the coast between t.h~s.e places which a!ford reasonabl~ good pro­ tection for vessels against .the prevailing northwest wmds and seas m summer, fix upon any time in the future when the wants of corr1'merce will there are none for this entire diStance that a vessel can en~r in heavy s~u~erly require one, it is manifest from the great magnitude of tho work, M · weather when the wind is south, southeast, or southwest, as It frequently Ism the well as the uncertainty of the n.ppropriations, that such a construc­ winter season. It is true that vessels can generally cross the bar o.f ~e Columbia. tion should be commenced more than twenty years before that time. Biver and seek shelter at secure anchorages on the river. But this 18 not always If, therefore, a work of this character should in the opinion of our­ the case. In heavy southerly wea.ther1 when a harbor of refuge is mast W!lJlted. >essels daro not approach the bar of this river. It cannot therefore be coDSlde~ Engineer Corps be begun twenty years before the commercial necessi­ a secure harbor of refuae. A good har~r of refuge ought, o~ co11;rse, to proVIde ties required it, then, a fortiori, may I insist upon the inauguration of secure anchorarre for·aif vesselS for all wmds from whatever direction. But what i"l more partic{ilarly needed on this coast is prote(!tion against heavy southerly this work when the magnitude of the commercial interests are such,. storms. as I confidently insist I have shown them to be, asto require it now. . Now, as to the point of location. And as to this I insist that the This board, proceeding further to give their views in the report principle of the "greatest good to the greatest number" should pre­ referred to upon the proposition as.to whet~er th~ Governmet;t t should vail in the construction of a great national work such as this must build one large breakwater on this coast, mclosmg a capamous har-. necessarily be. While Congress may not undertake to, and perhaps bor, or several smaller ones distributed along the coast, uses the fol­ should not, select or undertake to decide definitely as between points. lowing language : within certain parallels of latitude, within and between which it must · One of the first questions w.hich arise in conside~ti?n of this subject is whether~ be apparent to all the harbor should be lQcated, still it is the duty of in case protection for vessels lS to be sought by artifi.cml constructions, we shoulo. build one large breakwater, inclosing a capacious harbor, or several smaller ones CoBgress, upon its knowledge of g,eograpbicallines and distances, the distributed along the coast, each affording protection for a few >essels only. Our nature and extent of the commerce intended to be benefited, th~ area examinations and studies of this question have satisfied us that if any breakwater of the arc of the sea within which the shipping is to be aided by the­ is to be built on the coast now under consideration, it should be large enough to contemplated work, to determine definitely the lines toitltin, which the afford all the protection that is needed for a harbor at that place for the present work should be located. In this instance the commerce to be benefited and for many years to come. We are led to thi~ conclusion princi_pally because any construction at any P.lace on the coast affordrng secure anchorage for even a is, in one sense, that of a coast extending from San Francisco to Behr­ few vessels will necessanly be very expensive; and before undertaking any econd ing Strait, a distance of over two thousand miles; but more directly work we should profit by the experience to be acquired by the first. and immediately that of a eoast extending from San Francisco to the strait of Fuca, a distAnce of seven hundred miles. It is clearly evi­ .AO'ain,0 Major John M. Wilson, of the United States Engineer Corps, and for over three years in charge of river and harbor improvements dent then, at a glance, that this harbor of refuge should be located in Oregon and Washington Territory, in his report on Port Orford, as far to the northward at least as half the distance from San Fran­ of date September 23,1878, says: llisco to the mouth of the straits. A breakwater constructed at any The preva.illng winds on the coast from November until April are from the south point south of this would not give that general and equal protection and southwest. In May they veer around to the north and northwest. and continue to the shipping intended to be protected by the construction of one in that direction until about October. The gales most dreaded by manners are from such breakwater on that coast. A central point between San .Fran­ the southwest and are at times fearful in their severity. On the whole of this cisco and the strait of Fuca would be a point about three hundred northwest coast between San Francisco and the strait of Fuca, a distance of seven hundred and fifty miles, there is no harbor that a -vessel will attempt to enter and fifty miles north of San"'Francisco, on the Oregon coast. The during a heavy southerly gale. A harbor of refuge is absolutely nec-essary, and forty-second parallel of north latitude is distanced a fraction less than nature seems to have indicated that Port Orford by its location and natural advan· three· hundred miles north of San Francisco, and about midway be­ ta.ges should be selected for man to complete, and thus present a safe ;arbor to tween San Francisco and the mouth of the Columbia; and therefore wliich mariners can run for shelter in any gale. · I have provided in the pending bill tha.t it shall be located -at some The Legislature of the State of Oregon at its late session gave ex­ point north of that para1lel. This should be so, whether the interest.s pre8sion to their views on this subject through a memorial to Congress, of commerce require that this marine asylum for ships should be which I h9ld in my hand, and which reads as follows: located centrally between the great ports of San Francisco and Ast-o­ To the &:nate and House of Repruentatives ria or mid way pet ween San Francisco and the strait of Fuca. But · of the United States in Oongress assembled : inasmuch as there are various candidates for the honor north of that Your memopalists, the Legislative Assembly of the State of Orep;on, respectfnlly represent that on the northwest coast of the United States, between Point Reyes and within the line of the central location, and at two of which at to Puget Sound, a distance of more than two degrees of Iati tude, there is no harbor least surveys have been made undet,. the direction of Congress, t-o wit, that a. vessel can enter in heavy southern weatlJ.er. The imperative necessity for at Port Orford and Foulweather, I have provided that it shall be at the creation of a port of refuge is illustrated Wl~ emphasis, by the immense loss such point between the line of the forty-second parallel and the of life and property annually occasioned by our winter gales. During the last winter, seven ve.ss-els with their entire crews were lost, and are only another addi­ strait of Fuca as tbe board of United States enginee1'S for the Pa~ifi.c tion to the sad disasters of past years. The increase of the commerce of,the coast coast, or the majority of them, may select. Either Port Orford, Coos is fully 50 per cent. annually, and no question is of more importance to our mer. Bay, or Foulweather would doubtless be sufficiently central. Port chanta and ship-owners than the creation of a port to whicll the commerce can re­ Orford is about midway between the strn.it of Fnca and San Fran­ sort for safety during stress of weather. Commissioners have been appointed to examine the different pointa as to their practicability for an improvement of the cisco, while Foulweather is one hundred and twenty miles to the cll.ara{}ter demanded, and reports made, a-s far as yonl' petitioners have been in· northward, Coos Bay being between the two. · formed, all concur that the most practical point, the one offering ~e greatest num­ I hold in my hand reports of surveys and estimates made within ber of advantages, is Ewing Harbor or Port Orford; it is geographically central be­ the past year by the engineer department under the direction of the tween San Francisco and Puget Sound, the most western point on the coast; the l.argest roadstead, admitting vessels of the largest a~ good llllchorage, material Secretary of War in pursuance of an act of Congress of Jnne1 1878, at of the best quality immediately at hand for use and all improvements, never sub­ Port Orford and Cape Foulweather, which I beg to incorporate into· ject tQ fogs, easy of access, with no danger ~f a lee shore ; and believing, as we do, my remarks. From these it will be observed various estimate-s are-. 396 CONGRE~SIONAL RECORD-SENATE. J.A.NU.A.RY 10,

submitted for different kinds and dimensions of artificial structures, tion to the following extract from the report of Major Wilson in refer­ a.nd the great question to be determined in inaugurating a national ence to the reef of rocks off Yaquina Bay: work of this character, namely, its location and extent, is, in view of About three and one-half miles south of Ca.pe Foulweather is Yaquina. Bay, these dHferent proposed localities and estimates, one that manifestly the mouth of Y.aquina River. A railroad is projected to connect this bay wlt.h the belongs to the Enginee.r Corns rather than to Congress. Since I have Willamette River. It is anticipated that when that is completed a large amount of ~in and other products now finding its way to market \ia tl!.e Columbia and been in the Senate the Legislature of Oregon has memorialized Con­ Willamette will seek an outlet via Yaquina Bay. About three-fourths of a mile gress atdifferenttimesinfavor of bothPort Orford and Foulweather. off the entrance to this bay a dangerous reef of rocks extending in a north and Differences of opinion among the unscientific will necessarily exist south direction, with many narrow and dangerous channels across i~·~ is reported by the Coast SUITey and laid down on their charts. I am informed mat the resi­ while conflict of opinion resulting from conflict-of mere personal in­ dents in the vicinity presumo that the reef extends from Yaquina Head toward terest and personal wish, regardless of the great overshadowing ques­ the cape, and incloses an area of about one thousand acres-the ridge being, they tion of national interest, is sure to arise. Who, then, iR better qualified thou~ht, well de.fined, and that upon it a breakwater could be constructecl which to decide between these various conflicting views than the Engineer would form a fine harbor of refuge. As far a~ I could learn, the object of this sur­ vey was to locate a. breakwater upon this supposed reef for a harbor of refuge. Corps of the Army, who by law are placed in charge of the improve­ The chart of the United States Coast Survey shows no such reef, and a very care­ ment of our rivers and harbors, educated as they are by the Govern­ ful examination by Assistant Engineer Habersham shows that four reefs of rock, ment with special reference t8 a proper performance of these import­ apJlarently much harder than the rest of the bottom, from twelve to fourteen feet ant duties T under low.wat~r level, situated in a curved linoin the direction abo'e indicated, hut distant. from each other from one.fonrth to one·half a mile, and with from six to From these considerations, then, it is proposed by the pending bill to eight fathoms of water between them. On these, during low tide, a beary water or BUbmit the question of locality to the determination of a majority of sea breaks constantly. · the United States board of engineers for the Pacific coast. It will be observed the estimate of the total.cost of the proposed breakwater at Major Wilson concludes his report on Cape Fonlweather and the Port Orford of 5,000 feet in length, running from the outer part of the advantages of a breakwater there in these words: The value of the commerce to be benefited by this work would run up into mill· head toward Coal Point, and which would, as stated in the report of ions, as the benefit would be felt b:y everv vessel navigating the Pacific Ocean be· Major John M. Wilson, engineer in charge, "secure a harbor of about tween San Francisco an(l the stri1ts of Fuca. For the necessity for a. harbor of threo hundred acres with depth of from four to twelve fathoms out­ refuge on theNorthern Pacific coast, I respectfully call attention to the interesting Bide of the three-fathom curve," and "give ample protection to a and elaborate report of the board of enginee:t;a for the Pacific coast, dated Febru. ary 14, 1877. large :fleet during the heaviest g~les," is $9,405,000, w bile the total es­ timate of one 2,000 feet long at the same place, and which the engineer I have already called attention to this report, which, in strong lan~ in his report states would "secure a valuable ·Q.nchorage of about guage, points out the necessity for the early commencement of a har- ninety acres with equal depth," and which would "for present pur­ bor of refuge on the Pacific coast. . 'Poses be sufficie.nt," as it could be extended whenever the commerce And· now, in conclusion, may I recur once moro with pro~riety to rendered it necessary, is $3,427,000. the magnitude of the Pacific Northwest and the m11rterial mterests Major Wilson in his report on Port Orford makes this statement as that center there-great not alone in territory and natural resources ~result of his investigations of that locality: in soil, in climate, in productiveness, but also in the bold, enterpris­ After a careful examination of this subject, I beg to report that in my opinion ing, self-reliant spirit of the pioneer people, who amid uncounted Port Orford is a very valuable point for a harbor of refuge. It is easily accessible, perils by sea and land have established on it.s shores, broad and deep, occupies a. position nearly midway between San Francisco and the strait of Fuca, presents a doop nud capacious harbor offering secure anchorage from gales from the foundations of a civilization whose structure in the ages to come .all points exceP-t south, southeast, and southwest, is not subjected to northwest shall be more than grand, whose light shall penetrate the remotest fogs, has no shifting sand·bars or bidden reefs within its limits; the land around is borders, and of a commerce which, if properly encouraged and sus­ high and prominent and presents all the necessary materia1s easy and accessible tained by national aids, will in the no distant future ont8trip that of for a sto!le breakwater. All that is now needed to make it a secure harbor of ref. uge at all seasons is a breakwater, behind which vessels can ride safely at anchor any country on the globe of either ancient or modern times~ Will during winds coming from the southeast, south, and sou til west, from which it is not, then, the influence of this Government, its wealth, its dignity, • not already protected by nature. A careful examination of the chart of the cur. tts power, be greatly augmented both at home and abroad by aiding rents and tile general direction of the gales leads me to the conclusion that a break· in a proper manner the development of such a commerce n.nd such a water about 5,000 feet long, running from the outer point of the head toward Coal Point, would give ample protection to a lar,ge fleet during the heaviest gales. For civilization, whether it be by aiding in the improvement of its rivers present purposes 2,000 feet would be suflic1ent, and this coulcl be extended when. and harbors, the construction of its canals or railroads or of any other -ever it became necessary. ~eat national internal improvement, from which private capital n.nd mdividual enterprise shrink and are afraid? Will not our Government He says further in this connection : gain wisdom from the legislation and history of other nations in the I think tilis breakwater should be connected witil the headland, and that the United States should purchase so much of the bead as will be necessary for works vital matter of national development through legitimate constitu­ .of defense after tile harbor is completed tnd for stone.quarries, buildings, &c., for tional aid to internal improvements 1 How do Great Britain and the construction of the breakwater. • · France maintain their supremacy and extend their dominion over I now attract attention to the estimates and remarks of engineers commerce into all lands and into every seaY Why is it that in the .ip reference to the proposed breakwater at Cape Foulweather. Three trade, for instance, of the West India Islands, Central America, and •several plans and estimates are submitted as to this locality. The eastern South America, situate as they are at our very doors, we first proposes a breakwater starting from near Yaquina Head, run­ import annually over $155,000,000, and export to the same annually ning west, theu curving to tlle north and terminating about a mile about $58,000,000, while England, situate from them across a mighty and a half from the cape. ocean, imports from their shores annually $121,576,000 and exports to Such a harbor- them $117,231,000. In other words, why is it that while in our total commerce with Says Major Wilson in his report- these countries, amounting to about $214,000,000 annually, and in would present a large area :unplv protected from southwest gales with a depth ,of from three to eight fathoms. The cape proper already presents a good pro too-' which there is an annual average balance against us of over$9tl,OOO,OOO, tion from gales from the north and north west. the total of that of England with these same countries exceeds that "This work would require a breakwater of about 9,900 feet in length, of ours by nearly $25,000,000 annually, or amounts in all to about and the estimate of its total cost is $11,462,487. $238,800,000 annually, while her exports of this s;:tme trade only fall The engineer reports, however, further, to use his own language, short of her imports by about $4,000,000 annuallyY Why is it that that- • 62per cent. of the importations which go into Japan come from Great Britain, while but 4 per cent., or less than one-fifteenth as gJ.ncb, are It is highly probable that far present purposes a break"Water would be sufficient starting from Yaquina Head running on the line projected, tenn.inating in four sent from the United States; or that of her export trade Great Brit­ .and a. half fathoms water, and having a length of 4,900 feet. ain rec~ives 55 per cent., while we get but 17 per cent. Y Why is it that while with pride we hav,e hailed the coming in of the era that The total estimate for such a work is $4,606,-122. Such a break­ bas changed the balance-sheet of our commerce with Europe, which water would make a harbor of about two hundred acres, protected now shows that our exports are largely in excess of our imports, and from gales from the south and southwest. ,, which points so strongly and unmistakably to our future prosper­ Major Wilson still furtbE'Ir reports thn.t from the examination made ity, we are humiliated by seeing the marts of our immedia.te neigh­ under his direction by Assistant Engineer Robert A. Habersham, n.nd boring countries filled with the products of Europe, amounting to from his report and his own observation, be is of the opinion tlillt a millions in value in excess annually of tho~e from our 9wn shores, better harbor can be made north of t.he capo than south of it. To many of which are in truth the products of this country, shipped by use his own language : us to.Eugland and by that country sent back to the West Indies, By~~~~cting a breakwater running in a northwest direction just inside the and nearly all of which .we are so abundantly able to produce and reef · g out from the cape, such a breakwater would be n.bout 600 feet long .and would contain within it an available anchorage of from 50 to 100 acres, with a supply' Why have we in the last fifty years faiied to increase the depth of from 3 to 8 fathoms. · value of our export trade to Mexice, with all her mari'y wants, which we ought to supply, and lying upon our borders. They were $5,000,000 The total cost of thi latter work is estimated n.t $656,~51. half a century ago; they are less now, being· only about $4,500,000 Such a harbor- out of her $~,000,000 annual importations. Why is it that of the Says Assistant Engineer Habersb,am in his report- $90,000,000 and over imported annually by Brazil, the United States would sntisfy present necessities not only as a refuge and also as a port of entry, furnishes less than one-twelfth part, or only about $7,000,000, and this Yo.quina Bay being accessible only to light-draught coasting.vesselS, and it may in the main indirectly through the ports of Great Britain t Why is it ,00 enlarged at any future time, if desired, by extending the lia.rbor along the reef. that of $60,000,000 purchased annually by the Argentine Confedera­ To correct what seems to have been a false impressim~, I beg atten- tion we sell them but little in excess of $2,000,000~ Why of tha 1879. CONGRESSIONAL RECORD-SENATE. 397

liO,OOO,OOO of South American imports do we furnish less than one­ business of 'the country; and when the signs of the times in view of eighth part, while France sends lllree-eigkths, and Great Britain one­ this, the grandest financial achievement, when considered in the light half; or, of tho $100,000,000, or about that, purchased annually by of all the circumstances, of either ancient or modern times, point with . Cuba, do we £end them but one-seventh part1 or about $14,000,000 t unerring certainty to an early and complete resurrection of our busi­ Why of the over $300,000,000 imported annually by Russia are Great ness industries and a healthy revival of our prosperity as a nation Britain and Germany able to supply over 220,000,000, or nearly 75 and a people. And in the consideration of these great questions, while per cent. of the whole amount f · · the South, rising from the ashes of her great affiiction, should find Why is it that Great Britain, with a less population than the United remembrance in the just and generous action of a great and impar­ States and infinitely less natural resources, has within the past gen­ tial' Government, may it not be forgotten tha.t amon~ the potential eration increased her annual import and export trade from less than elements which contribute in a large degree to the digmty, the wealth, £80,000,000 sterling to nearly $3,000,000,000, or about £600,000,000 the greatness, the grandeur, and the power of our nationality, and sterling Y Why is it that her export trade to-day is in the aggregate which tend to promote her pre-eminence and add to her invincibility nearly double that of the United States, and more than double per among the nations, the least in importance and wortk aro not those capita of popnlation that of onr country ! Why is it that although that are being evolved from a civilization planted, cultured~ fructi­ now our annual exports largely exceed our imports, even in the past fied, amid perils, persecutions, bereavements, and tears on the west­ year to the extent of $261,733,045, Europe should send fr0m her store­ ern shores of ouT Republic. house into the markets of the world about $1,115,000,000 annually, I move the reference of the pending bill to the Committee on Com­ while we, with our unparalleled capacity to supply so great a pro­ merce. ~rtion of the wants of Christendom, expor:t annually only about The motion was agreed to.

lp071771,153, including merchandise, coin, and bullion; or only The report referred to in the preceding ~emarks is as follows: $680,709,268 in merchandise alone Y Why has American tonnage, entered at ports in the United States, increased in the last ten years EXAMIXATIO:S OF CAPE FOULWEATHER HARBOR, OREGON. U~JTED STATES ENGlli'RER tlFFICE, bnt 1,339,949, while foreign tonnage entered at our ports has increased Po1·tland, Oregon, September 23, 187". in the same time 7,807,941 Y Ot why is foreign tonnage entered at our GE.."\ERAL: I h.we the honor to transmit herewith a chart of Cape Foulweather ports to-da.y 12,218,365, while American tonnage in our ports is but Harbor, Oregon, together with the report of Mr. R. A. Habersham, assistant en­ 4,711,949, or 7,506,416 less; and this too in the face of the fact that gi:Beer, and to submit the following report of an examination and survey made ships can be built in this country to-day as cheap or cheaper than in under my direction in accordance with the act of Congress approved .Tunc 18,1878. England, whether constructed of wood or iron, and when, as I have Object of the examination. seen it stated recently on reliable authority, the building of one ship The o~iect of tho examination and slrr\"ey of this harbor was "to ascertain its- adaptability as a h~bor of refuge." . of twenty-five hundred tons burden will give employment to and Early in August I organized a party for this work and placed it in charge of Mr. feed the average-sized families of six hundred men a year Y R. A. Habersham, assistant engineer, with orders to proceed to Cape Foulweather Why is all this so f Of course there are for it a number of reasons, and make the neces ary sorve~s to ca!!Y out the law. This party procoodefl to all of which, however, may be summed up in the one general state­ Corvallis, Oregon, via the Willamette River; thence by wagons across the Coast ment that the commerce of this country, both internal and inter­ Ran11:o of mountains to Newport, on Yaqoina Bay, and thence to Cape Foul weather, 1 where they camped until the slrr\"ey was com{lleted. On September 8 I tisited national, never bas received, and does not now receive, that national Cape Foulweather and made a general examination of the locality. . aid, sympathy, encouragement, and support that have been, are now, De&cription of the harbors. and ever will be in Great Britain, France, and other European conn- Cape Foulwea.ther is situated on the western coast of Oregon, in latitude 44 :> 43' . tries such potent agencies in building up, maintaining, and extend­ north, longitude 124° 05'west, and forms a headland boldly jotting out about three­ in~ the influence and power of the commerce of these nations. And fomibs of a. mile into the sea. from the Jow beach, with high mountains in rear of it. th1s aid to our commerce this development of our commercial re­ It is a mass of black basalt rising to a height of from 80 to IOOfeet above the sea, 1 the base honeycombed with ca"'"es formed by the action of the waves. The cape, sources must not be confine(} to merely one species of legislation, by its position, forms bays on the north and sooth, the one fronting northwest and nor for the benefit of our internal to the exclusion of our external the other south and southwest. · On the north the shore lineiscresr.ent·shaped, the commerce, nor vice versa; nor should it be given at all, in a pecun ianJ outer extremity pointing north, a reef making; out from it in a direction north­ sense, to those agencies wherein private capital for private gain will northeast a distance of about 5,000 feet, terminating at a lone rock about 1,800 feet from fie beach. Tho depths on this reef vary from 10 to 30 feet, except for a. dis­ necessafily supply the want; but it should cover and include, to the tance of about 1,200 feet near the cape, where there is a channel of that width witb extent of our fiscal ability, all rea-sonable and constitutional means, a depth of from 30 to 40 feet. The Ion~'! rock refenoed to at the north end of the reef s:nch as the improvement of onr ~reat rivers and harbors, the encour­ seems to be connected with a rocky point opposite on shore by a well-marked reefr agement of domestic ship-buildrng, the strengthening ~f onr mer­ upon which there is a depth of four fathoms. The north bay is inclosed, therefore, on the east by the mainlanll, on the sooth chant marine by wholesome legislation in reference to the naviga­ by the cape, and on the wt-st by the long reef. It is nearly a. mile long, and about tion laws;. the securing of such commercial relations with foreign 1, 700 feet wide between the three-fathom Clrr\"e and the reef. It con tain.s about 200 nations through treaties of reciprocity and otherwise, as will give our acres, with a depth of from 3 to 8 fathoms, and a sandy bottom. As far as could be country at lea-st an equal standing among the nations in the great ~~f:: ~C:Sr:l ~J1o~e~o~~~~~ound for anchoring vessels, although I understand eonilict for the control of the commerce of the world. Why England, This south bay is formed by the main shore and the cape, and is protected on the we are told, has expended in India alone over $500,000,000 in inter­ east, north, and northwest. On the sooth and southwest it is open and exposetl to nal improvements, while many of her leading statesmen are to-day the tenoible southern gales, from which it is most desired to find shelter. The bot­ rom is sandy, the depth gradually increasing from neartheshore, where it is 3fath· boldly advocating, and with fair prospect of success, an additional oms, to 20 fathoms 2 miles off shore. The general depth, on a line drown sooth from expenditure of $150,000,000 more to be expended in the single item the cape, is from 4 to 6 fathoms. of irrigating the desert lands of India. France, thro~h a system of Tides, fogs, :398 CONGRES_SIONAL RECORD-SENATE. JANUARY 10,

-of large stze (20 to 30 tons each) and thoroughly paving the harbor side with large The South Bay, so called, is open to the south and west. It ia bounded on the blocks of granite to reooi>e without displacement the water that will be thrown north by the cape and on the east by the lJlaiuland. The bottom is sandy sloping over the wall in great storms." seaward, the depth increasing uniformly from near the beaoh where it'i~ 18 feet, The cost of snell a breakwater is estimated by Assist-aut Engineer Habersham to to 20 futhoms at a distance of 2 miles from the shore. The geii.eral depth on a. line 8e as follows : . drown south from the cape is from 4 to 6 fathoms. It is rather a roadstead than a Ninety-nine hundred feet, at $1,052.57 per foot . .•...... • $10, 420, 443 00 bay; aad while it is easy of IUlCess from the ocean in any dir~tion, is sheltered .Contingencies, 10 per cent • • • . • • . • • • . . . • ...... • . . . • . . 1, 042, 044 00 only from north and east winds, which are never violent. From ~aqniua Head to the north end of Foulweather Beach the shore present l Total...... 11,462,487 00 a slope of fr?m 5QO to SOO, ~lerablynniformiu direction generally, but much brokt>n by sharp pomts and by ravmes and small valleys. The face of the cliff shows soft It is hi~hly probable that for present purposes a breakwater would be sufficient sandstone overlying at greater or less depths a bed of marl fUled with fossil Rhells. ·starting rrom Yaqu.ina Head, running· on the line projected, terminating in 4~ fath­ ~umerous ~m~ veins of water ~ckle d?wn the face of the sandstone, softening oms of water and having a length of 4,900 feet; such a work would cost as fol­ It and contributing to the destructive action of the weather, while the marl under­ lows: neath is also wea;rmg away under the heavy blows of the surf. Fo~-nine hundred feet, at $854.57 per foot...... 4, 187, 393 00 Between Yaq~a Head and the cape four streams large enouah to furnish good Contingencies, 10 per cent . . . . • • . • • . . • . . . . . • . . . . . • ...... • ...... 418, 739 00 water-power, floWing through sma.ll va.lleys more or less hea.Vlly timbered enter the ocean. ExceJ.>t m these valleys the vegetation, although luxuriant, is of small Total ••••••..•••••••••...•...... •.•.•.•..•.••..• . • . • • • . • . . • . . 4 606 132 00 growth, an?- coni!Ists of salal, whortleberry,_fern, and ·catteriug spruce shrubs. Such a breakwater would present an area of about 200 acres protected from gales '£he beach 1.8 from 300 to 800 feet wide, generally sandy, but the frequent occur­ from the south and southwest. The difficulty to be contended with in nsin~ this rence of rocks above the surface show that the sand has little depth. The shore harbor would be that sailing-vessels entering during a southwest gale would be nortll of the ca.oo is of tho same .e:enornl cha1·acter. -obliged in rounding the outer end to face the wind. Cape FC?ulweather is a. promontory, coyered with a thick carpet of grass and ASsistant Engineer Habersham made a careful examination of the bay north of f~rn. making out from the continent, its crest line ~g from east to west, at the cape; no stiiTey baa ever before been made, it is believed, of this bay, and as nght angles to the general course of the shore line, crossing two conical summits tar aa he could learn his boat was the first that ever entered it. He reports that it respectively 400 and 850 feet high, descending the latter at a slope of about 3()0 and is a natural harbor of considerable extent without further imJ.>rovement, and that terminating in a fiat point 80 feet above mean sea-level, on which the light-house he was informed that during southwest gales quite an area ins1.de is comparatively stands. The neck w~ere the promontory joins the con~ent is 2,300 feet across smooth. Several of the seamen who were employed as boatmen on the survey, between low-water line and about 200 feet above sen.-level at its hiahe.st point. who had sailed for a number of years between San Francisco and Puget Sounil, The promontory is a. mass of dense, hard, black basalt, which seems to"'ru\Ve been :and claimed to be familiar with the coast, said that if buoys were placed to mark forced like a wedge into a cleft in the sandstone. It rises vertically from the sea ¢he entrance, vessels could now ente1· for shelter from soutiiwest gales. From the to a height of. from 80 to 150 feet, in many places overhanging the water ; its face exanrina.tion made under my direction by Assistant Engineer Habersham, and from hollowea out mto caverns and seamed with fissures, with sharp projections of fan­ his report and my own observation, I think a be~ter liarbor can be made north of tastic shape; the whole orumblin~.~way slowly from the effects of the winter the cape than south of it, by constructing a breakwater running in a. northwest frosts and rains. The base of the clin is honey-combed with caves some of which direction just inside the reef running out from the cape; such a breakwater would mi;ght well be called t~els, ~ tbe~ extend a long di. tance into the rock. One is be about 600 feet long and would contain within it an available anchorage of from smd to penetrate 80 feet m a direct line from the mea. It was not possible to ver­ 50 to 100 acres with a depth of from 3 to 8 fathoms. ify this statement by measurement, as the surf was washing in and out of the The plan for such a work would be similar to that already described, and the cost c-ave wi~ great fOl'Ce, but it is probably not far from the truth. The west end of is estimated by Mr. Habersham at $656,251. · tht;~ cape 1.8 surrounded by a number of pinnacles of rock rising vertically to a The harbor could be greatly increased in size by constructing a breakwater on height of from 40 to 80 feet out of the water. Seen from a boat at a short distance the reef parallel to the Shore already describec;l. ~ blB:ck,jagged mass towering into the air, with the surf lashing its base with a This north harbor, with the 600-feet breakwater, woulcl oulv be available in nol.Se like thu:uder the scene excels in grandeur the sight of Devil's Canon and south and southwest gales; but during heavy weather from the' northeast vessels Cape Horn, on the Central Pacific Railroad ; but it must be a sight of terror to the <:<>uld anchor on the other side of the cape. • unfortunate mariner who should see it as a lee coast during a . outhwest gale. Attention is respectfully invited to the interesting report of Assistant Engineer Weather. Habersham transmitted herewith. In making the examinamon there were numer­ From November to April the prevailing winds are southerly. Sometimes ous minor difficulties to overcome, and Mr. Habersham deserves credit for the effi­ stJ:ong west winds occur, changing round to northwest, breaking into heavy cient manner in which he carried out my instructions. squalls, accompanied by rain, hailt ~hunder, and lightning. This is generally from Cape Foulweather is in the collection district of Southern Ore~OI_t. The nearest February to April. The gales wnich are principally dreaded by mariners come oport of entry is at Newport, Yaqniua Bay; no revenue was collectea during the last from the southwest. These are sometimes so strong that a. man c..'\Dllot keep his fiscal year; there were no foreign imports or exports; about 600 tons of assorted feet, and pebbles as large as hazel.nnts are caught up from the beach and dashed merchandise are brought in annually by coastwise vessels which carry away lum­ ag~st the light tower, a heiiZht of more than 100 feet. These gales reach a VO· ber and oysters; two sailing-vessels of about 100 tons b;;;den each, with a draught loc1ty of 60 miles per hour. Fogs so dense that the shore is not visible from a dis­ of 9 feet, are running between San Francisco and Yaquina. Bay. tance of 500 feet out at sea occur at all seasons, but principally during the month There is a first-order light-house on the cape, visible nineteen miles. The near­ of·July. Rain during the winter is not so frequent as in the 'Willamett~ Valley, eat works of defense are at the month of the Columbia River. but heavier; snow is of rare occurrellll6, alwayslie:ht, and soon melts.• The value of the commerce to be benefited by this wor.k would run up into mill­ For the information contained in this para!ITaph I am indebted to Capt.'lin . ions, as the benefit would be felt by evecy vessel navigating the Pacific Ocean P. Wass, custodian of the 1igbt-house at CaJ)e Foul weather. between San Francisco and the strait of Fuca. For the 'necessity for a harbor of refuj;te on this Northern Pacific coast, Ire pact­ Tides. fully ooll nttention to the interesting ancl elaborate report of the board of engineers The spring tides, with the ocean in its normal condition, rise and fall 9 feet. for the Pacific coast dated February 14, 11:!77. Durinrr strong west winds the high tides have reached a height of 12 feet above I am, general, very respectfully, your obedient servant, mean fow-water mark. The influence of ordinary hiYsh tides extends to Pioneer, . JOHN M. WILSON, ~e~iles above the month of the Yaquina, the tide r iug and fulling from 4 to 6 , Major of Engineers, Brevet Colonel United StateJJ .A.1-my. Brigadier-General A. A. HUMPHREYS, Location for a harbo-r of refuge. Ohiej of Engineers United States Army. It has generall:r been believed by the residents of the conn try around Yaquina Bay that a reef from 3 to 5 fathoms under water extends in :1 cuned line from RR:PORT OF :&ffi. ROBERT A. ll.ABERSRAM, Af!SISTA..'\T E..'\GL'\EER. Yaqniua Head toward Cape Foulweather, terminating about one and a half miles south of :the cape, inclosing a. basin having a smooth, a.ndy bottom, which covers U:r.!TED STATES E.~GISEER OFFICE, an !Lf68 of nearly 1,000 acres, and that a ureakwatcr built along the crest of the sup­ Portland, Oregon, September 16, 187 . posed reef would convert the basin int~ a harbor of shelter for vessels in distress CoLONEL: l have the honor to submit the following report of a sun-ey "at as well as a port of entry. ·Cape Foulweather, to ascertain its adaptability as a harbor of refuge," with a. gen­ It was-for the purpose of ascertaining the feasibility of this project that a sur­ eral plan of improvement, and an approximate estimate of its cost, made in pursn­ vey was requested by these interested, among whom may be included all of the ance'-of your instructions dated August 8 of the present year. · people of that section of Oregon whose nearest outlet to the ocean lies throu~h the This -work waa performed between the 9th and 23d of the same month. To save valley of the Yaqniua River. The chart of the United States Coast Snrv;ey m this -repetition, I will here state that nil depths given refer, nuless otherwise specified, locality and my soundings over the same ground show that no such reef exists. to the lowest of mean low tides, as nearly as could be determined from the tide There are 4 knobs of sandstone, harder than the rest of the bottom, from 12 to 30.feet tables for the Pacific coast, published in San Francisco, and from information under low-water level, situated in a. curved line in the direction above indicated, but furnished by residents of the locality. distant from each other f1-om one-fourth to one-half a mile, and with from 36 to 50 No extreme tides occurred during the pro!ITess of the survey, not even at full feet of water between them. On these, during low tides and heavy swells, the sea .moon, an unusual circumstance. breaks constantly, sn~gesting the presence of a. continuous reef. Topography• and hydrography at Cape Foulu:eatheT 11.11d its vicinity. The length of breakwater which this project contemplates would be 9,900 feet, with an ayerage depth of 26 feet below low-tidb le"\"eL From Yaqniua He::ul, which marks the north side of the entrance to Yaqniua. Its cost ~r linear foot, on the general plan recow.mel'lded by the board of engi- Ri"\"er, the shore libe runs a. little t-o tho east of north for 4 miles, to the end of neers, Pacific coast, would be aa follows : · South Foulweather Beach ; thence westward for three-fourths of a mile to the southwest elbow of the cape, where it bee:ins to curve north ward and eastward Ashlar masonry, 2l.67 cubic yards, at $18 ...... $410 60 until it reaches the extreme point of Cape Foulweather, which points north; thence Rubble masonry1 14.08 cubic ~ards, at 8!J...... 126 72 .southeast, curving round to east, to the point where the cape joins the mainland Small rough rubble, 73.00 onb1c yards, at $3 ....••.•••.•••••••..•... 219-00 again; thence north for a.bout 7 miles to a point known as Old Uafe Foulweather. Large rough rubble, 59.25 cubic yards, at S5 ...... •. ·...... •.... 296 25 The shore line of Cape Fonlweatherproper describes the figure o a half crescent, the curved tip pointing north. From this point a. reef makes out in a. nearly direct Per linear foot ...... '...... 1, 052 57 lint>, course north-northeast, for 5,025 feet, terminating in a bare rock, which, for .convenien-ce, I have called Round Rock, distant l,EOO feet from the low-tide line on Niue thousa~d linear feet, at 1,052.57 ....••.•.••••.....•....•••. •.. 10, 420, 443 00 the north beach, and immediately opposite Rocky Point, a vertical cliff formed of Add for contingencies 10 per cent. . . • ...... • • ...... • • . 1, 042, 01•1 30 rock of the same character, of which it was formerly a portion, as the soundings show a well-marked ridge connecting them about 4 fathoms under watbr. · Total . . • . • • . . . • ...... • .. .. • • • ...... • • . . • ...... • . . . • . 11, 462, 487 30 The depths on this long reef, which is nearly fiat on its crest, VIU'Y. from 10 to The estimate for I"Ongh rubble may appear e:xcessive1 but the stone would have 30 feet from Round Rock to within 1,200 feet of the cape where a depre8sion occurs to be brought fro.!D Cape Foul weather, the nearest poinli where ~d rock is found, which shows from 30 to 40 fee.t ;·the center being the deepest. The north side of and where, owing to the prevalence of heavy seas, the loading df barges :would be this gap is marked by a rock on which the swell breaks constantly, and which is expensive and dangerou~, ofteD. impossible, necessitating the suspension of the said to be bare at extreme low tide. . work until the recurrence of smoother wat~r should allow the boats to approach It is seen that the cape forms two bays, one frontiua northwest, the other south the quarries with safety. and southwest. Tke No~!:&nthe outlines of which have just been given, is in­ There is no question tlul.t such a work, "if carried out, would greatly benefit closed on the east by the · d; on the south and southwest by tlie cape; on navigation by affordin__g shelter from southwest gales. Some such protection is the west by the long reef; and on tho north by the reef which connects Round Rock absolutely required: !Jut a better harbor, at muoli less cost, would be secured by wiili Rockv Point. It is nearly one mile in length and one-third of a mile across, building a breakwater from the extreme point of Cape Foulweather north ward, the width 6eing measured from the cune of 18 feet depth to the west reef, and con­ inside of the reef above described, for a distance of 600 feet. This would inclose an tains about 200 acres. The bottom is sandy, generally smooth, forming good hold­ area of about 100 acres, under the lee of the cape, with good anchorage in from 4 ing·gr9und as far as can be judged, uo vessel or craft of any kind having np to this to 8 fathoms of water, having a free entrance from the west 1,200 feet wide. Such time enterffi hero that I can learn. Th-e depths vary from 3 to 8 fathom . a harbor would satisfy the present necessities, not only as a refuge but also as a.

, I

1879. CONGRESSIONAL . RECORD-·SENATE. 399

I>Ort of entry, Yaquina Bay being accessible only to light-draught coasting vessels; Tide$. :and it might be enlarged at any future time, if desired, by extending the break- The mean rise and fall of tides is 5.1 feet; of spring titles, G.8 feet; and of neap water along the reef, . tides, 3.7 feet. · The cost per linear foot of a. breakwater here, on the plan recommended, would Danger in entering the harbo·l'. be, as ni'Mly as can be estimated from the dam obtained, as follows, its dimensions being: Length 600 feet, average depth below low tide 31 feet. · Between Port Orford and Cape Blanco, and abont 3 miles off the coast, ther/is a. group of rocky islets and sunken rocks called Orford :Reef, wbich renders the .Ashlar masonry ••••••.•.•••.•••.•...••...... ••••••.. -...•.•..... --.--­ 410 60 approach to Port Orfoi! from the north somewhat dangerous; thet'e is, howe\'"er, :Rubble masonry .••••..••••.•••••••••••••.•....••...••....••.••....•..• 126 72 a good wide shlp-channel between this reef and the main shore. .Small rough rubble, 110 cubic yards, at 2•••••••••••••••••••••••••••••• 220 00 Large rough rubble, 59.25 cubic yards, at $4 ...... 237 00 General 1·e-marks. In reference to the present condition of the harbor during winter gales the Coast Per linear foot ...... ·•· ...... 994 32 Pilot notifies mariners as follows : "In winter, anchor far enough out to put to sea. when a southeaster comes up; Making for its length of 600 feet .••••••.•••••.••...... :. • ...... 596, 592 00 during a protracted gale in December, lfl51, a terrible sea rolled in so that no vessel Add for contingencies 10 per cent...... 59,659 20 could have ridden out. "The old steamer Seagull was driven northward, and lost two weeks in regain­ Total ••••••••••••••••••••••••..••.•...... •.•..... :. • . • . . . . • 656, 251 20 ing her position, and the mail steame1· Columbia hardly held her own for many hours off Orford Reef.'' · Here the stone could be obtained from the shore end of the wall and .hauled in In the fall of 1872 Major H. M. Robert, Corps of Engineers, made a careful examina­ ..cars along the top, e:rlendinj!; the track as the work progressed, making the cost of tion of ~his harbor, and in January, 1873, presented an elaborate report, with plans transportation less than in the south bay. The above estimates are in gold coin. and estimates for a breakwater. In the summer of 1876 the board of engineers The hydrographic work of the Coast Survey in this vicinity te~ates a~ the for the Pacific coast made a. similar examination, and in February, 1877, presented extremity of Ca~ Foulweather. No survey had ever been ma

eoa.st., and large enough to accoiD.IDDenses .e e. an . e_par. men , an or w..u ~ng ~mpo~ slate; it a1fords inmledia.tely at band all the material, and of excellent treat.y st1pnlations Wlth vanons Indian trtbes, for the year ending. quality, for any impro>ement desired. . · . Jnne 30, 1880, and for other purposes. "Its approaches .are un~urpassed, havm,~t on tht; east of,.the harbor a promment Mr. WINDOM. Before the Secretary proceeds to read the bill l 1 sugar-loaf moun tam of rughteen hundred feet altitude, laved by the waters of the k l t k b · f t t t · f . :L_ th t' bay, and fow· miles east of this mountain another, with an altitude of twenty-three as eave o rna e a yery ne s a ell?-e~ 1n re er~nce w e ac 10n hundred feet, thus -presenting to the navigator la_n~~ that cannot be nns~kt;n of the S~nate 9omm1ttee on Appropnatwns _upon 1t. in•approa

stricken out, and then it would read: "From the ::\Iissouri River and House makes is against the removal of "Apaches and other Indians Sidney, Nebraska, or Cheyenne, Wyoming;" and after "Wyoming" of Arizona and New Mexico" into that Territory. Now, if there are the words ''to be expended under the direction of the Secretary of the any civilized Indians there friendly to the Indians in the Indin,n Ter­ Interior" should be inserted. It would then make sense. I move ritory, whom those now occupying the Territory are willing to receive, that that alteration be made. It is endently a misprint as the bill I think they; ought not to be prohibited; and as that is tho present is, I think. condition of the law, I think the provision is more than superfluous. The PRESIDING OFFICER, (Mr. WALLA CE in the chair.) The I think it forbids the removal of Indians who ought to be removed bill will be corrected accordingly, there being no objection. . there. As matters now stand, to state myself a little more clearly, no The Secretary resumed and continued the reading of the bill. Indians can be removed there, as I understand, unless they be civilized The next amendment of the Committee on Appropriations was, in and friendly and have the consent of the Indians in tho Judian Ter­ line 1278, after the word "dollars," to strike out: ritory. If that be true, I think we ought not to prohibi:; that class of And the President of the United States is hereuy directed t{) prohibit the re­ Indians from being removed there. mo>al of any portion of said tribes of Indians t o the Indian Territory unless the Mr. DORSEY. That is not true, except to a degree. Unuer the same shall be hereafter'lluthorized by act of Congress. original treaties with the five or six tribes oflndians who occupy that So as to make the clause read : country it was provi

manently to the Indian Territory they ought to have under this treaty addition to ~he Indians that art'l already there, other Indians concen­ tho privilege of doing so; and if that should be found to be wise and trated on a reservation than they could protect them where they are expedient it seems to me that we onght not to put upon our statute­ separated. books a. law which will prevent its consummation until such time a-s The great mistake, it appears to me, that is being now made on Congress can legislate upon the subject. Therefore I think this this subject is that with our present small Army we have to scatter provision ou,ght to be stricken out. I think we can trust the Presi­ the troops over the country, so that there are only a very few at any dent of the United States not nnneoossarily to interfere with these one point. Look, if yon please, at the Cheyenne war, if yon may call treaty provisions or with the rights of the Indians now occupying it a war-I refer to the effort made by the Cheyennes tQ get away that Territory, or with the feelings of the adja-cent States. from the Territory only a short time ago. The Indians passed from Mr. DORSEY. I am very sure that the chairman of the Committee their country through Kansas and through Nebraska and up into the on Indian Affairs does not wish to mislead the Senate on one im­ northern Territories, while there were not troops enough on the right portant point; but his remarks leave the impression that the several or on the left of them, within striking distance, to st.op their prog­ tribes of Indians must give their consent before any other tribes can ress. 'Ve have not troops enough now, and that is the trouble. In­ be removed into that Territory. That does not apply to all of that stead of the same troops being scattered as they are now, a part of country w~t of the ninety-eighth meridian. The Commissioner of them engaged in protecting members of the same tribes in the Indian Indian .Aftairs or the executive authority of this Government can Territory, while part of them are protecting others in New Mexico, remove anybody they see fit, or any tribe they see fit that they have we shonld put the Indians together if they want to go together; and control of~ into the country west of the ninety-eight.h meridian, with­ the same number of troops would certainly answer for all the Indians out regard to the civilized tribes living east of that line. that now answer for only a part of them. In that way we could save Mr. INGALLS. Mr. President., in my judgment this provision as it much expense to the Government. I can see no crood reason why, if came from the lloUBe of Representatives should not only be retained, the Indians want to go there and the Indians of that Territory want but its terms should be so enlarged as to prevent the removal of any them to come, (and that has- to be agreed npon before they can be Indians whatever to the Indian Territory without direct authority removed,) they should not be removed. I believe there are now by act of Congress. The Senator from Minnesota sta.tes that there is thirty-odd tribes in the Indian Territory and there is room. for thirty now no law authorizing the President to remove unfriendly Indians more of the same size. The country is useless to us as it now stands, into the limits of the Indian Territory. But whether that is so or and if the Indians want to go there and go to work and hecome civil, not, if the Senator from Minnesota is not aware of the fact, everybody or if they can be even kept better and cheaper there, we ought to else is, that during the past six years the process has boon gradually remove them. I think that the amendment of the Committee on going on of concentrating all the unfriendly Indians within these Appropriations ought to be agreed to. limits whenever they become dangerous in the localities where they Mr. INGALLS. The Senator from Nebraska seems to intimate or have been residins:.. I need only refer for illustration to the Modoc-s. endeavor to leave the impressfun that the Indians who ha.ve been re­ When they commttted the outrages that became historical, as soon moved te the Territory went there because they desired to do so. as they were conque~d they were removed by order of the Executive, Nothing could be more inaccurate. Take the · ca~e of the Nez Perc6s. without any sanction or authority on the part of Congress, into the After having revolted in the Northwest they were captured and taken Indian Territory. So with the northern Cheyennes and various other to Fort Leavenworth. They desired to be returned to thQir original bands that I might name that have been from time to time located reservation. Their request was refused, and they were sent to tho there with the design of carrying out what I believe to be a fixed Territory a~ainst their wishes and over their -protest; and they are purpose to consolidate all Indians within that portion of our conn try to-day rapi<1ly becoming exterminated from chmatic influences and known as the Indian Territory. from the want of proper medicine and food. Now, Mr. President, the Senator from Iowa states that in his judg­ Mr. SAUl'l'DERS. Will the Senater from Kansas allow mo to ask ment this is a matter that concerns solely the Indians who made these him if it was not Congress in place of the Administration that sent treaties under which this region is occupied. It is easy for him,liv- them down there! . ing in a State that is not exposed to the dangers of Indian depreda­ Mr. INGALLS. No, sir; it was not Congress • tion, to reasny Indians hereafter into the Indian Territory the south, would die; and they are dyin#t. I have soon those Indians without the direct authority and sanction of Congress. since myst"lf, and know that what the Senator cites is true, that 25 The PRESIDING OFFICER. The question is on the amendment per cent. of them are already in their graves. I speak of that be­ of the Committee on Appropriations, to strike out the clause which cause if the amendment provided for Indians coming from a north­ baa been reported. ern district or country going into the Indian Territory I should oppose The question being put, a division was called for, and the ayes it; but these Indians that we are talking about now live in a south­ were7. ern country and are adapted and suited to that kind of climate. Mr. INGALLS. We had better have the yeM and nays. Therefore I have no objection t.o their removal to the Indian Ter­ Mr. ALLISON. "Yes; let us have the yeas and nays. ritory, while I did have great objectio:q to the removal of northern The yeas and nays were ordered. Indians. Mr. SAUNDERS. Mr. President, I wish to make one reiilftrk before The PRESIDING OFFICER. The yea-s and nays have boon ordered the vote is taken on this amendment. If I understand the policy of on the amendment reported from the Committee on Appropriation~, the 1)resent Administration, it is not, as has been stated by one of the and the Secretary will call the roll. Senators who has spoken, to concentrate a.ll the Indians in the Indian The question being taken by yeas and nays, resulted-yeas 8, nays Territory, but to place them on fewer reservations than they now 32; as follows : occupy. As ·I understand, we have now seventy-odd agencies in the YBAS--8. United States, and troops are required at almost every one of these Allison, Hoar, :Monill, Saunders, agencies to protect the India.ns, not only one tribe from a.nother, but Davis of W.Va., Mitchell. Rollina, Windom. to protect the whites from the Indians. It is asserted by the Senator NAYS--32. from Arkansas that troops are already required to protect the Indians Armstrong, Burnside, Christiancy, Coke. in New Mexico. The same troops could much more easily J:lrotect, in Bayard, Butler, Cockrell, Conkling,

. •

1879. CONGRESSIOKAL RECORD-HOUSE. 403

Davia of Dlinois, Ingalls, Maxey, Saulsbury, A bill (S. No. 882) to authorize the proper aoo~unting officer of the .Dennis, J onee of Florida, · Morgan, Sharon, Kernan, Pa.tterson, Voorhees, Treasury to pay the claim of the Stat-e of Tennessee for keeping McCreerY, Plumb, 'Vallace, Unit~d States military prisoners ; . McDonald, Randolph, A bill (S. No. 986) for the relief of William S. Morris, Wllliam S. ~ :Matthews, Ransom, ~T:rs. Mann, Charles A. Oakman, George W. Hillman, the Union Transfer = ABSENT -36. Company, all of Philadelphia, the Union Transfer Company of Balti­ Anthony, Chaffee, Grover, McPherson, more, Maryland, and John R. Graham, late of Philadelphia, now of Bailey, Conover, Hereford, ::Merrlmon, Washington, District of Colnmbia ; Barnum, Dawes, Howe, Oglesby, Beck, E.'l.ton, Johnston. Paddock, A bill (S. :No. 992) for the relief of Columbus F. Perry and Elizabeth :Blaine, Edmunds, Jones of Nevada, Sargent, H. Gilmer, of Chambers County, Alabama.; and ~th , Eustia, Kellogg, Spencer, A bill (S. No. 1244) for the relief of the legal representatives of :Bruce, Ferry, KirkwOod, Teller, George Williams, deceased. Cameron of Pa., Ga.r1Jmd, Thurman, Cameron of Wis., Gordon, it3iii~;n, W::tdleigh. E.."U:CUTI\~ SESSION. So the amendment was rejected. Mr. ALLISON. I move that the Senate proceed to the conaidera­ Mr. INGALLS. I .now move to amend the bill, in line 1280, by tion of executive business. striking out from the clause as it came from the Honse the words The motion was agreed to; and the Senate proceeded to the consid-. "portion of said tribes of;" so as to rea-d: eration of executive business. After three minutes spent in execu­ And the President of the United States is hereby directed to prohibit the re­ tive session the doors were reopened, and (at three o'clock and thirty movol of any Indians to the Indian Territory unless the same shall be hereafter minutes p.m.) the Senate adjourned. an~rlzed by act of Congress. Th~PRESIDING OFFICER. Tp.e question is on the amendment • of the Senator from Kansas, [Mr. INGALLS.] Mr. WINDOM. I shall not debate the question. I only hope the Senat-e will do no such thing; but from the expression just given I HOUSE OF REPRE~ENTATIVES. think they are disposed to vacate the·Indian Territory. FRIDAY, The question being put, there were, on a division-ayes 13, noes 16; Jwnuary 10, 1879. no quorum voting. The Honse met at twelve o'clock m. Prayer by Rev. Dr. C. K. Mr. CONKLING. The yeas and nays are to be demanded, I sup­ MARsHALL, of Mississippi. pose, and! rise to ask that the amendment be reported. The Journal of yesterday was rea-d and approved. The PRESIDING OFFICER. The Secretary will report the amend- SUB.rncT CATALOGUE OF SURGEO~-GID\"ERAL'S I.:IBRARY. ment. · The Secretary read the amendment. Mr. O'NEILL, by unanimous consent, present.ed a memorial of the Mr. INGALLS. At the suggestion of some friends of the bill aa it College ofPhysicians of Philadelphia, suggesting that there be printed came from the-non.se, I withdraw the amendment. . by Con~ess the "tmbject catalogue of the library of the Surgeon­ The PRESIDING OFFICER. The amendment of the Senator from Generals Office" as of great importance to the medical pro.fession; Kansas is withdrawn and the Secretary will proceed with the reading which wa~ referred to the Committee on Printing. of the bill. HENRY 1\llLLS. Tlie Secretary resumed the reading of the bill. The next amend­ Mr. EDEN, by unanimous consent, introduced a bill (H. R. No. ment of the Committ~e on Appropriations was, in line 1301, to increase 5773) for the relief of Henry Mills; which was read a first and second the appropriation 11 for the support of the Tonkawa Indians at Fort time, referred to the Committee on Invalid Pensions, and ordered to Griffin, Texas," from $2,000 to $5,729. be printed. The amendment was agreed to. JOHN NAIL. The next amendment of the Committee on Appropriations was, in Mr. EDEN also, by unanimous consent, introduced a. bill (H. R. No. line 135l') after the word ''pay," to strike out ''and expenses of de­ 5774) to place the name of John Nail, late a private in Company F, tectives~ and insert" of employes;" so as to make the clause read: Second Regiment Kentucky Volunteer Infantry, on ~e pension-roll; Incidental expenses of Indian service in .Montana.: For general incidental ex· which was read a first and second time, referrea to the Committee on penscs of the Indian service, including pay of employes, $6,000. Invalid Pensions, and or{lered to be printed. The amendment waa agreed to. JOHN BEABOUT. The next amendment was, in line 1399, before the word "hundred," to strike ont " four " and insert ''eight ;" in line 1400, after the word Mr. EDEN also, by nna.nimons consent, introduced a. bill (H. R. No. "' exceeding," to strike out " fifty " and insert" one hundred;" and 5775) to place the :pame of John Beabout, late a private in Company • in line 1404, after the word ''reservations," to strike out "thirty thou­ E, Forty-eighth Regimentlllinois Infantry, on the pensi<>n-roll; which sand six hundred" and insert " sixty thousand ;" so as to make the was read a first and second time, referred to the Committee on Inva­ clanRe read : lid Pensions, and ordered to .be printed. Pay of Indian police: JAMES F. BOTI'ORFF. For the services of not eJtceedin:t eight hundred privates at $5 per month each. M:r. EDEN also, by unanimous consent, introduced a bill (H. R. No. and not exceeding one hundred officers at $a per month ~ch. of Indian pollee, and to fur eqnipments, to be employed in mainta.inhi1Z order and prohibiting illegal traffic !1776) granting a pension James F. Bottorff,·late a private in Com­ in liquor on the several Indian reservations, $60,000. pany I, Ninety-eighth Regiment Dlinois Volunteer Infantry; which was read a first and eecond time, referred to the Committee on Inva­ The amendment was a~d to. lid Pensions, and ordered to be printed. The reading of the bill was resumed and concluded. The last WAR CLAIMS. amendment of the Committee on Appropriations wa~ to strik~ out the clause from line 7 to line 13 of section 6, in the following words : Mr. EDEN also, by unanimous consent, introduced a bill (H. R. No. And the Secretary of the Interior, under the direction of the President may nse 5777) making appropriations for the payment of claims reported agy surplns that may remain in any of the said appropriations herein made for the allowed by tlie commissioners of claims under the act of Congress of pnrchaae of subsistence for the several Indian tribe8, to supply any subsistence Mareh 3, 1871, and nets amendatory thereof; which was read a first deficiency that may occur for any tribe: Prwided, lwwerer, Thatftinds'appropria.ted to ful1ill treaty obligations shall not be so used. and second time, referred to the Committee on War Claims, and ordered to be printed. The amendment was agreed to. UNITED STATES ARSENALS AND ORDNANCE STORES. The bill waa reported to the Senate aa amended, and the amend­ menta were concurred in. Mr. TOWNSEND of New York, by unanimous consent, presented It was ordered that the amendments be engrossed a.nd the bill read the following resolution of the senate of the State of New York; a third time. which was referred to the Committee on Military Affairs, and ordered The bill was read a third. time, and passed. to be printed in the RECORD: STATE Olo' NEW ~RK. ADJOUR..~MENT TO MO~"'DAY. In Senate, Albany, Janvary 1, 1879. Mr. wmDOM. I ask leave to withdraw the motion I entered this Whereas, the 'Army reorganization bill, now before Congress, proposes to pro­ hibit the future manufacture of ordnance and ordnance stores at United States morning to reconsider the vote of the Senate adjourning over to Mon­ arsenals, to sell all the arsenals which thus become unnecessary, and hereafter to day. purcbaso ordnance and ammunition from private manufacturers only: Therefore, The PRESIDING OFFICER. The motion may be withdrawn by Resolved, That the Senators and Representatives of this State in Congress be re­ common consent. The Chair hears no objection) and it is withdrawn. quested to oppose the passage of said bill, or, at least, the portions relating to the Ordnance department, United ~ates arsenals, and ordnance stores. ENROLLED BILLS SIGNED. :By order : JOHN W. VROOMAN, Olerk. A message from the Honse of Representatives, by Mr. GEORGE M. ADAMS., it6 Clerk, announced that the Speaker of tke Honse had PROCE~DS OF Pt;BLIC LA...~DS FOR EDUCATIONAL PURPOSES. signed' tpe following enrolled bills: Mr. GOODE. By direction of the Committee on Education and A bill (S. Nc. 89) for the relief of James W. Richard and J. S. Labor I ask unanimous consent that the bill to app1y the proceeds of Brown & Brother, of Denver, Colorado; sales of the public lands to the education of the people may be made A bill (8. No. 347) to remove the political disabilities of. Manning a special order for Thursday the 23d of January, immediately afte.r M. Kimmell, of Cap-e Girardeau County, :Missouri; the reading of the Journal. • •

'• 404 CONGRESSIONAL R,ECORD-HOU-SE. JANUARY 10,

There being no objection, it was ordered accordingly: Falls on the Mississippi River,-to regulate the use thereof, and to ap­ HEYL1S DIGEST OF IUPORT DUTIE • propriate money therefor; which was read a first and second time, Mr. KELLEY, by unanimous consent, submitted the following reso­ referred to the Committee on Commerce, and ordered to be printed. lution; w.hich was referred to the Committee of Ways and Means: BE~JAMIN C. BAlfPTON. iluolfJed by the HOU8e of Rep1·esentatives, (the Senat~ concurring,) That the Joint Mr. BLISS, by unanimous consent, introduced a bill (H. R. No. 5789) Committee on the Library be, and they are hereby, directed to purchase and pro­ cure for the use of this House, as early as practicable, five hundred copies of the for the relief of Benjamin C. Bampton; which was read a first and latest edit ion of Heyl's United States Duties on Imports, to wit, one copy for each second time, referred to the Committee on Naval Affairs, and ordered Senator, P.epresentath·e, and Delegate, and the residue for the use of the committees to be printed. of the Senate and House of Representatives ; the price to be the same as was paid HOMESTEAD LAW. for a. like number of copies purchased for the Forty-fourth Congress. Mr. GARFIELD. I desire unanimous consent to present a letter PRELIML.'\ARY TRIALS BEFORE U~"'ITED STATES COIDIISSIO~'XRS. from the Secretary of War, inclosing a memorial from officers and Mr. THROCKMORTON, by unanimous consent, introduced a bill enlisted men of the regular Army, praying for relief on account of (H. R. No. 577~) relating to preliminary trials before commissioners the present homestead law. There are some memorials and papers ofthe United States; which was read a first and second time, referred that should be printed, and I ask that they be printed. to the Committee on the Judiciary, and ordered to be printed. I move that they be printed and referred to the Committee on Pub­ JOHN G. ECKLES. lic Lands. Mr. SAPP, by unanimom~ consent, introduced a bill (H. R. No. 5779) The motion was agreed to. granting a pension to John G. Eckles; which was read a first and sec­ ORGANIZATION OF L.'\TJ>IA.~ TERRITORY. ond time, referred to the Committee on Invalid Pensions, and ordered Mr. MANNING, by unanimous consent, introduced a bill (H. R. No. • to be printed. 5790) to carry ont the stipulations of the treaties of the United States GEORGE W. CLARK. with the Cherokee, Creek, Seminole, Choctaw, and Chickasaw Na­ Mr. SAPP also, by unanimous consent, introduced a bill (H. R. No. tions of Indians; which was read a first and second time, referred to 5780) granting relief to George W. Clark, captain CompanyK, Twenty­ the Committee on Terrjtories, and ordered to be printed .. second Iowa Volunteer Infantry, and a discharge, to take effect on SETTLERS ON PUBLIC LANDS. the 20th day of April, 1865; which was read a first and second time, referred to the Committee on :Military Affairs, and ordered to be 1\Ir, PAGE, by unanimous consent, introduced a bill (H. R. No. 5791) printed. for the relief of settlers on the public lands of the United States; WILLIAM S. HEARD. and a bill (H. R. No. 5792) for the relief of settlers on the public lands under the homestead laws; which were severally read a first Mr. TOWNS;HEND, of Illinois, by unanimous consent, introduced and second time, referred to the Committee on Public Lands, and or­ 3 bill (H. R. No. 5781) granting a. pension to William S. Heard, son dered be printed. of the late Richard Heard, private CompanyC,Fifty-sixth Regiment to Dlinois Infantry Volunteers; which was read a first and second time, DEPOSITS IN SAVINGS-BAl\J\:S. :referred to the Committee on Invalid Pensions, and ordered to be Mr. PAGE also, by unanimous consent, introduced a bitl (H. R. No. printed. 5793) relating to the tax npon the deposits in savings-banks; which PETITIO~ OF CHESTEU W. CHAPIN. was read a first and second time, referred to the Committee of Ways :Mr. ROBINSON, of Massachusetts, by unanimous ({Onsent, presented and Means, and ordered to be printed. the remonstrance of Chester W. Chapin and 6,023 others, of Hampden RICHARD D. DUl\IPHY. County, Massachusetts, against the transfer of the fabrication of 1\Ir. PAGE also, by unanimous censent, introduced a bill (H. R. No. small-arms, ordnance, and ordnance stores from Government shops to 57_94) t.o grant a pension to Richard D. Dnmphy; which wa.s read a private factories. first and second time, referred to the Committee on Invalid Pensions, Mr. ROBINSON, of Massachusetts. The bill in reference to the and ordered to be printed. subject of this petition is not now before the committoo, bnt is before RAILROAD LANDS. the House. I think it is best that it be laid upon the table, and ·I move that it be laid upon the table. :\Ir. PAGE also presented a resolution of tho constitutional con­ The motion w~ agreed to. vention of the State of California, respecting the reduction of the price of public lands within railroad limits, and the restoration of RESTORATION TO THE ACTIVE LIST OF TilE NAVY. forfeited railroad lands to pre-emption and homestead entry; which Mr. WAD DELL, by unanimous consent, introduced a bill (H. R. was referred to the Committee on Public Lands. No. 5782) to regulate applications for restoration to the active list of OllEDIAH RICH. the Navy; which was read a first and second time, referred to the • Committee on Naval Afi'a~ and ordered to be printed. l\Ir. HARTZ:ELL, by unanimous consent, introduced a. bill (H. R .. 1 No: 5795) granting a pension to Obediah Rich, of Williamson County, NOUTHERN JUDICIAL DISTRICT OF OHIO. Illinois ; which was read a ftrst and seco:Q.d time, referred to the Mr. TOWNSEND, of Ohio, by unanimous consent, introduced a bill Committee on Invalid Pensions, and ordered to be printed. (H. R. No. 5783) to annex the counties of Erie, Huron, and Delaware to the northern district of Ohio, and for other purposes; which was JA:\IES ~I 1 CABE. :read a first and second time, referred to the Committee on the Judi­ 1\Ir. HARTZELL also, by unanimous consent, introduced a .bill (H.. ciary, and ordered to be printed. R. No. 5796) granting a pension to James McCabe, of Illinois; which JAMES N. GARRETT. was read a first and second time, referred to the Committee on Inva:-­ lid Pensions, and oruered to be printed. Mr. REU.LY, by unanimous consent, introduced a bill (H. R. No. 5784) for the relief of James N. Garrett, po&tmas~er of the borough of ELISHA E. REYNOLDS. Tremont., county of Schuylkill, State of Pennsylvania; which was 1\Ir. ·HARTZELL also, by unanimous consent, introduced a bill read a first and second time, referred to the Committee of Claims, and (H. R. No. 5797) granting a pension to Elisha E. Reynolds, of Illi­ ordered to be printed. · nois; which was read a first and second time, referred to the C-om­ mittee on Invalid Pensions, and ordered to be prlnted. PE...~SIO~S OF SOLDIERS AND SAILORS. COAST SURVEY. Mr. DEERING, by unanimous consent, introduced a bill (H. R. No. 5785) to amend the ·act approved June 14, 1878, to increase the pen­ 11Ir. PATTERSON, of Colorado. I ask unanimous con ent to sub­ sion of certain pensioned soldiers and sailors, &c.; which was read a mit for consideration at this time the resolution which I end to the­ first and second time, referred to the Committee on Invalid Pensions, Clerk's desk. and ordered to be printed. The Clerk read as follow.s : HE}o,"RY PRUYN. Resolved, Tllat the Secretary of the Treasury be requested to communicate to the House of Representatives, with as little deiay as possible, full infwmation as Mr. D~RING also, by unanimous consent, introduced a bill (H. R. to the present organization of the bo(ly known as the United States Coast Survey, No. 57~6}.-granting a pension to Henry Pruyn; late a prlvate in Com­ which report shall contain a statement of the number of persons composin~ ancl m tho employment of the said survey for the present fiscal year, their several mnkR pany L, Third Regiment Wisconsin Volunteer Cavalry; which was and positions, the salary or compen ation t·eceived by ea.ch, the general nature of read a first and second time, referred to the Committee on Invalid the work done, where each member or employe is at present located, together with PeUBions, and ordered to be printed. a. statement of the aid received by the said coast survey from tbe Army or Navy, cal PILOT KNOB RAILROAD. or other forces or departments of the (iQvernment during tbe said fi year. Mr. HATCHER, by unanimous consent, introduceJ a bill (H. R. No. Mr. BURCHARD. I think it would be well to add to that-­ 5787) to declare forfeited t-o the United States lands granted to tho The SPEAKER. Does the gentleman object tO" the consideration State of l\1issonri in aid of the construction and extension ·of the Iron of the resolution! Mountain Railroad from Pilot Knob, Missouri, by act of Congress ap­ Mr. BURCHARD. I do not. I think we ought to have mor~ in­ proved July 4, 1866; which was read a. first and second time, referred formation than that calls for. Mr. BANNING. I object to it. to the Committee on Public Lands, and ordered to be printed. Mr. PATTERSON, of Colorado. I trust the gentleman will not ob­ SLUICEWAY OVER SAINT ANTIIONY FALLS. ject. There is a proposition to transfer this bureau from one depart­ Mr. STEWART, by unanimous consent, introduced a bill (H. R. No. ment to another, and we want the information for the benefit of the 57~) to authorize the construction of a sluiceway over Saint Anthony House.

• 1879. CONGRESSIONAL RECORD-HOUSE. 405

1\Ir. BANNING. I object to it now. 1\lr. EDEN moved to reconsider the vote by which the bill was ORDER OF BUSINESS. passed ; and also moved to lay the motion to reconsider on the table. Th~ latter motion was agreed to. 'Mr. BREWER. I call for the regular order. Mr. BRIGHT. I ask leave to introduce a bill for reference. SOPHIA B. MOORE. The SPEAKER. That is not the regular order. Mr. REILLY, from the Committeo ~ on War Claims, reported a bill Jltlr. BRIGHT. I know it is not; and I do not call for the regular (H. R. No. 5799) for the relief of Sophia B. Moore, of New Berne, North order now. , . Carolina; which was read a first and second time. The SPEAKER. The gentleman is unfortunate ; the regular order The bill, which was read, authorizes the Court of Claims to grant a has been called for. rehearing in the case of Sophia B. Moore vs. The Unite(l States, No. 1\lr. BRIGHT. Then I will call for the regular order now. 3446 of said court, with full power and jurisdiction to hear and deter­ Mr. BlliNING. I thought it was understood that all members mine and make jnised no portion of this particular part of such fund placed therein under the decree of said court h:\S Treasury to examine the evidence of payments' made by the State of ever been disbursed. Missouri since April 17, 1866, to the officers and privates of the militia. Among the articles so seized were two thousand barrels of rosin .ancrtv as the authorities of the United States and subject to their ordera, and included in the decree of said court was 15,270. - to make report thereof to Congress. The memmialist, by her guardian, she then being a minor, instituted suit in the The preamble·and bill were read, as follows : Court of Ulaims for such proceeds under the provi ions of the act of March 12, 1~63, and although the court unanimously found the facts t

f 406 CONGRESSIONAL RECORD-HOUSE. JANUARY 10,

The bill wa.s ordered t.o be engrossed and read a third time ; and :.\IRS. MYRA CLARK Q..u_"ffis. being engrossee engrossed and read a third time ; and ':fhe ~ill, as amen~ed, was then o!dered to be engrossed and rend a. being engrossed, it was accordingly read the third time, and passed. t~urd tune ; and bemg engrossed, It was accordingly read the third Mr. ROBINSON, of Indiana, moved to reconsider the vote by which ttme, and passed. . the bill was passed; and also moved to la.y the motion to reconsider ?t~r. TO~SHEND, of Illinois, moved to reconsider the vote by on t.he table. which the bill was passed; and also move

The SPEAKER. The gentleman from Michigan asks that the bill The report was read, as follows-: (S. No.9) identical in every respect with the bill reported byt.he Com­ The Committee on Private Land Claims to which was referred Senate bill No. mittee on Private Land ClA.ims, unanimously, bo taken up and put 854 entitled '1An act for the adjudication of title to Ianda claimed by Jose .A. pis and upon its passage. Pablo Apis, in the State of Cafifornia," respectfully report that they havQ consid­ Mr. EDEN. I would like to ask the aentleman from Michigan if ered the same and recommend concurrence m ita passage. this.claim was not embraced in the bill which was before the last Con­ 1Ylr. . EDE::N. That report does not give any reason for the bill. I gress, which covered all the l\Iexican claims 1 will reserve any point of order upon the bill until I can hear some Mr. McGOWAN. It was. explanation. Mr. EDEN. I recollect that there was a goo

' 4()8 CONGRESSIONAL RECORD-HOUSE. JANuARY 10,

An act (S. No. 992) for the relief of Columbus F. Perry and Eliza-! representatives of the people are asked to vote away the people's beth H. Gilmer, of Chamb~rs County, Alabama; and money as a ~tuity to William and Mary college for losses and darn- An act (S. No. 936) for the relief of William S. Morris, WilliamS. ages for which the nation is llot responsible, for which no nation in Mann, Charles A. Oakman, George W. Hillman, the Union Transfer any country has ever held itself respon ible. Thus by the admission Company, all of Philadelphia, the Union Transfer €ompany of Bal- of the advocates of t.he bill it has come to be a simple proposition to timore, Maryland, and John R. Graham, late of Philadelphia, now of pay to \Yilliam and Mary college thousands of dollars of money as a Washington, District of Columbia. simple gratuity for injuries,for damage, for loss, occasioned by some- LEAVE OF ABSENCE. body, under some circumstances, but for which the people of the United StateR and the Government of the United States are in no By unanimou. con ent, leave of absence was grouted to :Mr. Tno&.~- way legally, morally, or equitably responsible. BURGH, indefinitely, ou account of sickness i to Mr. KEIFE;R, indefi- Sir, I have opposed the passage of this and similar bills for man:v nitely; and to Mr. BURDICK, for ten days. long years here because I have considereu it the entering-wedge to th'e PRIVATE CALE:\"l>AR. presentation and the successful prosecution of hundreds and perhaps Mr. BRIGHT. I move that the House resolve itself into Committee thousands of this class of claims, involving the expenditure of mill­ of the Whole for the consideration of business on the Private Calendat-. ions and millions of dollars. I say that no man can con&cientiously 'The motion was a~reed to. in the discharge of his duty vote for this bill unless he can voto with The House accordrngly resolved itself into Committee of the Whole equal conscientiousness to pay a large portion of the damage and (Mr. BURCHARD in the chair) and proceeded to the consideration of losses incurred by institutions :md by individuals during the late business on the Private Calendar. war. I say more than that, sir, and I do not say it as a threat, that no WILLIAM AN}) MARY COLJ..EGE. northern man, be he republican or be he democrat, dare vote for this The CHAffiMAN. The pending bill in CQmmittee of the Whole bill and expect to receive tho approval of that constituency which on thePrivateCalendaris the bill (H. R.No.189)toreimbursetheCol-· will have to bear the bmden of this and other appropriations for simi­ lege of William and Mary, in Virginia, for property destroyed during lar purposes. If there be one thing at the No,rth which the people the late war. understand better than another ir.l regard to t.heir liabilities to taxa­ Mr. BRIGHT. Before we enter upon the discussion of that bill, I tion and to burdens in the future it is that this'William and Mary would like to know what time remains for debate V I understand college bill is the foundation, the entering-wedge, the great precedent that there is some time une.xhausted. • over all other cases which will be followed by troops and troops of The CHAIRMAN. The debate waa limited by the House to three bills marshaled in solid array here callin~ for the expenditure of the hours, if the Chair remembers correctly, one hour of which still re­ treasure of the United States which all tbe4lliligeuce, and all the in­ mains. The gentleman from Michigan [:Mr. CoNGER] is entitled to dustry, and all the economy, and all tho activity of the American tho floor. · people cannot pay if they woultl, and which their judgment will not :Mr. PHILLIPS. I rise to make an inquiry. At the end of that 'ermit them to pay if they could. hour will there be a vote on this bill f Is that the -a~ree~ent' Now, sir, after all the elaborate arguments, after all the dit!plays The CHAIRMAN. That question will arise·at tne proper time. of flowery eloquence, after all the array of the heroes of Virginia The ChairT cannot nqw ans:wer it. who have graduated at this college, after all the splendid panorama Mr. CONGER. Mr. Charrman-- . of its antiquitie , it comes to this: that Virginia holds up this old :Mr. BRIGHT. Before we proceed with the debate, I wish to say moss-grown institution to the American people and asks for a gratuity that there seems to be some misunderstanding as to the length of to restore it to what it ought to be and what they claim it was when time which the discussion is to occupy. After the honr shall have our troops took possession of it, and what they desire it shall be. On been exhausted by the other side, will there remain an hour to be that b)oady uay, after the fierce encounters before that city, afror exhausted upon this side before the final vote Y thousands and thousands of men on both sides had fallen dead and The CHAIRMAN. That question will be dee.ided when it arises. w~mnded, our troops entered Williamsburgh. These gentlemen, my :Mr. BRIGHT. That is a matter we wish to have determined friend ,from Massachusetts, these gentlemen woulU have you belien before the debate is proceeded with. that on that day this university sacred to education was the abode Mr. CONGER. I ,suppose that this discussion is not to come out of peace, the home of men pursuing their studies under the light of of my time! · the midnight lamp, and that on the morning after they heard the The CHAIRMAN. Tl:ie gentleman from :Michigan is entitled to re ounding cannon and lifted their worn and weary heads from the the floor. toil and st.udy of the old books that were ~atheroo in this sacred :Mr. CONGER. Mr. Chairman, I think there has been no bill before institution of learning, that they threw off their cowls and their Congress since I have bad the honor of being a member of this body caps, that they laid aside their robes and looked out of their win­ that has had so little substantial legal merit as this bill; and no sub­ dows and down into the court of this college, awakening from that ject discns::;ed in Committee of the Whole within my recollection has philosophical dream of years, and inquired, "Wlj.at mAans all this had bron~t'to its aid so much eloquence, so much rhetoric, so many confusion; [laughter;] what causes this disturbance within the appeals to the higher sentiments of our nature. Every member vf sacred precincts of learning''' as if they had never heard of war; as this House who has in prospect the presentation of any one of the if for years they had not been teaching war and rebellion from the myriad of southern claims, as they are called, of all shades and casts dome to the foundation of that old university; as if for months it had and varieties, is prepared to ad:vocate the passage of this bill, in public not been a deserted building, because its president and its professors and in private, by all the means ~y which the passage of a bill should and its students, ay, down to those of fifteen years of age, had donne41. be urged. I find southern gentlemen urging the passage of this bill the armor of the southern republic and gone to do the battles of the with undiminished zeal for six or seven long years, with a patience, -South! a perseverance, and a fidelity unrivaled in the prosecution of any What was the condition of this col1ege when our troops marched other measure before this Honse. I find northern men urging the inte Williamsbnrgh and occupied that city f What was the repose, passage of this bill as I believe against the known judgment and feel­ the peacefulness of this venerable institution f Its president was ings and 'Wishes of their entire constituency. I am unable to account even then flushed with the excitement of the preceding conflict; its for the peculiar condition of things connected with this bill for the professors, some of them, wounded and laid low; some of them in­ relief of the College of William and Mary. mates of the same building then used as a hospital. I remember that when this bill was presented some years ago, a What else wa~ this buildin~ used for on that dar . It was a, prison­ printed report accompanying the bill from the Committee on Educa­ house. Yes, Mr. Chairman, William and Mary college on the 8th day tion and Labor charged that the building of William and Mary col­ of May, 1862, when General McClellan rode with his staff of officer lege was burned by drunken and disorderly soldiers of tho United into Williamsbnrgh and repaired directly to the college building, at States. I find as from year to year this bill has been presented, ro­ that moment it was the prison-house of Union officers and Union sol­ ported upon, discussed, and defeated or passed over, the language of diers confined there-wounded, bleeding, dying, prisoners of the Union the reports has become modified. In the present report there is no Army gathered into that college, this sacred institution of learning; charge that drunken and disorderly soldiers of the United States gathered there to be kept, gathered there to die. · burned William and Mary college. That was too bold, too aggres­ More than that, it was then a hospital and bad baon for a long time sive, too aggravating a charge even for the House of Representatives previous. It was filled with the wounded, with the dying, with tuo of the United States; and it has been withdrawn. dead from those armies. What was its condition f Outside, the fences I will not go through the lo~g history of the action of Congres and had been broken down, the gras -plats destroyed, even the beautiful its committees upon this bill, tlie discus!iions which httve taken place, monument which had been placed in the front of that building had the gradual drawing in of the demand from one founded in absolute been destroyed by southern troops who had occupied it as a prison, justice and equity for a wrong done by drunken and disorderly sol­ as a hospital, as a garrison. The walls of the building were defaced diers, till at the present time it comes to be an appeal to this House, outside anu in ; the fences, the stone columns were broken ; tho trees as so eloquently presented by my friend from Massachusetts, [Mr. were cut down; the monument of a distinguished Virginian was de­ LORING,] who has made the only fair pres.e:fltation of this case; it faced when our troops first came in sight of and up to this building. comes to be an appeal to this House because this college was an in­ Tho pictures which fancy has drawn of this peaceful, seclnded stitution of learning, because of its antiquity, because of the many university of learning, this delightful home of the muses, where the splendid names of those who have been connected with it, because sacred nine tripped along the grass, the admiration of th9 professors we should all protect an

Massachusetts and from Virginia, these delightful recollections of of a drunken Union soldier set fire to the contents and destroyed the the home and the abode of the sa<: red nine, to the historic record of building. that day. I am somewhat deficient in powers of description; I lack M:r. Chairman, this whole scheme of dragging moRey from the those essential elements which some of my friends have for picturing Treasury has been surrounded and gilded with sentiment, with pict­ -out gracefully and forcibly the condition of that institution. So I ures, with adornments drawn not from the real, solid, loathsome will send to the desk ancllet the Clerk reaNGER. I hope to warm up the subject before I am throu~h had time since then to read again from the Rebellion Record the with it. What I ask the Clerk to reacl is (lated May 8, 1862. account of the situation of that building on the day when our troops The Clerk read aB follows : took possession of it. General McClellan and staff drove directly through tho city to the college build­ It was then a prison-house for .our Union soldiers, wounded and ing, from the roof of which the Stamand Stripes caught the breeze antl our sil?llal dying, and also a hospital kept in the most slovenly manner, with its .corps had ah'e:ldy established a station communicating with the se'\"eral di'rislons walls begrimed with dirt; with its doors broken down; with the of the .A.rmy. l:ntering the edifice, which i.s of brick and somewhat imposing, though less so than the structure burned some yenrs since, a tisit was made to the grass even in its yard trampled and torn up, and wit.h the statue of several rooms, in all of which were more or less of the rebel wounded, abandoned Baron Botetourt, the pride of Virginians, overturned and inj nred in by their fleeing brethren. the very presence of such an institution; with its venerable treea mrt * * down t.o boil the pot of the confederate soldiers. [Laughter.] I went into se'\"eral of the buildings-all the churches are hospita.ls7 but only to find them as. slo'\"enly as· the college. I have recalled, so far as I have been able, my wandering fancies. I have subdued with gigantic effort my tendency to v9te for this bill. In an upper room of the colle_ge our wounded of the Excelsior Brigade were I have been saved and I have been redeemed from committing a found. The enemy had not time to ca.ITY them off, and '\"ery fortunately, for the grave f§nlt, and I owe it more perhaps than anything elSe to the fact journey to Richmond must have proved painful, if not fatal to many. Colonel that my friend from Virginia, whatever his motive might have been, Dwight, of the First Re{:iment, was stretched upon a cot ill the center of the room. His wound in the leg ha« been partially dressed, but he was by no means comfort­ postponed calling the previous question on a. former occasion and able. gave me time to reca.U those wandering fancies. Mr. GOODE. The gentleman seems disposed to revive historical The appcarnnce of the collflgc hospital was not at all creditable to its rebel keep­ ers. The floors, the stni.r·s, the walls, and e'\"en the windows were covered with associations; will be state where General Botetourt lived, for he filth, and we bacl onl:v to open tbe pantries or stroll in the yard to iletect as many speaks of him as a favorite of Virginia distinct or welhlcfineil stenches as Coleridge counted in the

. 410 CONGRESSIONAL RECORD-HOUSE. . JANUARY 10,

preserved that college, attacked Willia.msbmgh, and by surprise cap­ serious, calm action efmembers of the Honse of Representatives when tured Colonel Campbell and several of his officers. What they did, by their votes they are about to establish a precedent by which and why tlley did it, is unexplained by these gentlemen. . through which the people of the United States may be taxed millions On the lower floors of the buildin"' there was a la1·ge amount of upon millions of dollars. medical stores for the wounded and the sick of both armies ancl all Sir, I have opposed this measure from the commencement of its armies, deposited therefor use. Whetheritwaaburned in that. attack, progress in this House, seven or eight years ago, year by year until whether the fire was set there by rebel soldiers, whether it was burned the present time. I have endeavored to speak truthfully and plainly by Union soldiers, or whether it catAght fire accidentally, I have ex­ of the injury to that institution. I have shown that it came 1rom amined with great care to find some proof and have been ahle to find confederate troops. The injury came from Vir~inia troops; from none. their own people. It was the home of tre38on; 1t was the nursery­ When Colonel Shingles was killed and several of his officers taken place of rebellion. The confederates changed it into a prison for prisoner~, and his troops driven from the city of Williamsburgb, in Union soldiers-a hospital for confederate and Union wounded and the very midst of the conflict, about long enough for a fire which bad dying men. They disfigured the ground ; they broke down the walls;. been kindled in that building by confederate troops while they were they destroyed the monuments; they filled those sacred halls with in its occupancy to make itself visible, a :fire broke out, and there was filth and uncleanliness. That is the picture I have drawn. no time ~ the midst of deadly conflict to maintain our possession in My duty as regards this bill is so plain and so transparent that if I that city, to extinguish the fire. 4 surprise far within our lines bad desired ever so mnch to pay reverence to the ancient seats of learn­ taken place; the college bad been seized by the confederates; a fight ing I could not do it in this case. There are many far more merito­ ";.as going on. In some way the combustibles wit.hin that _building, rious cases of institutions of learning, beneficial and charitable insti­ whatever they may have been, took fire. In the very heat of the tutions, even sanctuaries of worship, that would appeal with. far conflict, while our troops were driving the enemy outside of the city, more force to me to restore them to their pristine condition than does the building ~aa burned. That is the history of it; brief, short, this home of treason. correct. Now, Mr. Chairman, I have said all I desire. I propose to give to Now, sir, I have given what no man here can controvert, in few other gentlemen the remainder of my time if they wish to occupy it. words, the exact condition of tha.t building before the occupancy of Mr. LORING rose. our troops ancl the exact condition of that building when the surprise Mr. CONGER. I yield five minutes to the gentleman from Massa,­ by Colonel Sbin~les of the confederate army occurred, the only known ~hnsetts, [Mr. LORING.] manner in whicn the building was burned and all the damage that Mr. LORING. Mr. Chairman, I have just returned to this House,. was done to it. . in which I have sat but two days cluring this session, having been I assert here now, without fear of contradiction, that all the dam­ prevented from doing my duty here by circumstances to which I can ~e to the grounds and to the building, except the final burning, only refer as a sufficient reason for my absence; and for the same t· which ever did occur, occurred while that building was in the posses­ reason I am in no condition physically and mentally to reply to the sion of the confederate forces. No man can deny it; no man can bring eloquent and fair and manly and bi_gh-toned and classical speech made one particle of proof to the contrary, or else he l!.as been more suc­ by the gentleman from Michigan, [Mr. CONGER.] ce.ssful than I have been after a long e:xamination of all the means of I wish I bad some small portion of the strength which I bad when information within my power. • I had the honor to address the House on a former occasion upon this I have been to the War Department· I have bad the rebel archives question-a. question which I met and argued here, not with a dis­ themselves searclled to find some proof in regard to this building and position to ourrender my views, as a republican~ of the general policy ita burning, something further than has been published, and I have of this Government, but with a desire to let my people and this coun­ failed to find anything further. · try know that we hoped the time had eome when, looking beyond all This matter in all ita varied forms bas been creeping along, under­ the local trials, all the difficulties of the groo.t conflict that had sur­ mining the consciences and patriotism of members of this House for rounded and oppressed us, we could seize the bright and luminotl8 many years. These are the pnre, naked facts in this case. It does spots of the conflict and tum our attention to peace and an adjust­ not present to my mind a case with any more reason or ground for ment of our difficulties. · the aid of the people of the United States to restore this university I presented this question in a. way which I find is not satisfactory as it was "before the confederates destroyed it than a hundred other to older and more experienced legislators tban I am. I did come cases which I have examined. I now ask the Clerk to read n-om the here believing in the educational institutions of this country, in the Rebellion Record, under date of September D, a description of the old moss-grown colleges, as the gentleman from Michigan calls them, hospital at that time. It is not claimed by anybody that there was in those institutions which have sent scholars into our lanrl to gnide any damnge to the grounds or to the buildings, making them at least the councils of the nation in early and later trials. I did come here worse than they were before. filled with v-eneration for them, and I am happy to say, sir, that my 1\lr. GOODE. From -what does the gentleman read now f veneration baa been 4lcreased, not diminished, by the aU.acks that Mr. CONGER. From the Rebellion Record, a document which has have been made upon them. I love the old universities still; and I great credence among the people of the United States. am determined to love them, however mnch they may be assailed by Mr. GOODE. What particular part of it f Who is the anther of gentlemen who desire to hold them and their students up to the ridi­ what is about to be read f cule of this House and the country. Sir, this question ns presented Mr. CONGER. Well, this afternoon, after the House has adjourned, to my mind-it may be a young, inexperienced, t.honghtless, perhaps. I will talk it over with the gentleman. sentimental member of this House-was an old question of my own Mr. GOODE. That is in entire keeping with the gentleman's course. party here. I cannot be precise because I have not the data before The Clerk read as follows : me; -but the memorial brought to this HolUie, I think in the Forty­ Colonel Shingles, with a force of rebel cavalry and three pieces of artillery, made secoml.Congress, was presented by my distinguished predecessor in an attack on Williamslmrgh, Virginia, this morning. After having captured the this body. national pickets, they marched into town, takin~ tlie troops by surprise. .An en­ gagement ensued, which lasted about thirty mmntea. The national forces con­ Mr. GOODE. The Forty-first Congress. sisted of the Fift,b Pennsyh-ania. Cavalry, Colonel Campbell, who was taken pris­ Mr. LORING. I believe it was the Forty-first. I do not undertake oner, together with five captains, four lieutenants, and a few privates. The rebel to be accurate about the dates. The distinguished gentleman who commander, Colonel Shingles, and eight of his officers and,. men were killed. preceded me here presented this memorial and first brought this ques-. :Mr. CONGER. That is the history and the only history I havtl tion before this Honse and the country. He has Bot been remarkable been able to find, except such aa is contained in the report of the for surrendering either to his own party or to any other party.; he board of inquiry in regard to the conduct of Colone~ Campbell when ha-a not been noted for surrendering to those whom he antagonized l he was on trial for being surprised by the enemy. There is no allu­ during the war. Yet he found it in his heart to bring in here a me­ sion in any of those papers to the origin of this fire or the circum­ morial asking for the restoration of oae of the great educational land­ stan"ces attending it. Even the burning of the building is not men­ marks of the country. That gentlemen may have no don bt to whom I tioned. refer, I desire to say that I am representing the district once repre­ It will be remembered that a few years before this the university sented here by General BUTLER, and that it was he who, actnateil I had been· burned to the ground; it had been repaired; it l;lad been doubt not by high and patriotic motives, presented tho memorial to rohuilt, but with less expense and tastefulness than bad been be­ which I allude. · stowed upon the former building. It was not the old College of [Here the hammer fell. Cries of "Go on I"] William and .Mary which wa-a destroyed by the fire; t.hat venerable Mr. CONGER. I yield a few minutes more to the gentleman from institution had already been burned to the ground, and existed only Massachusetts. as it had arisen from its ashes. It was the pbamix which was burned The CHAIRMAN. There are but three minutes more of the gentle­ on the occasion now in question. It is the phrenix-a birc.l of fable man's time remaining. now, as it always was-that wo are called upon Lo pay for. Shall we Mr. LORING. The memorial was presented here, as I have said.. pay for the phrenix f Shall we give our gratuity for the fable f That It was not acted on in that Congress, if I remember rightly. In is the practical question which appeals to members of this House, the Forty-third Congress it was advocated by one of the most distin~ stripped of all the flowers of fancy, stripped of all the rhetoric and guished scholars and statesmen of Massachusetts, [Mr. HoAR,] and all the eloquence, which is suited equally well to any collea-e com­ toward the close of the session, I l>elieve the second session of that mencement, equally well to any literary essay before any Yiterary Congress, it passed this House, then a strong and solid republican club; -far bet.ter suited to touch the heart and the fancy of young body, by a v-ote of abontl17 to70, audamong tbose 117 I :find enrolled! . students and imaginative maidens than to control the aciion, the the name of eyery Massachusetts member then on this floor except 1879. CONGRESSIONAL RECORD-HOUSE. 411

two. I find among those voting in the affirmative such men as the committee cannot rise and go into the Honse and there \CX~nd B.L--ms, (not distinguished for disloyalty,) such men as TwitcheJ!1 the time for debate, notwithstanding the agreement t such men as BUTLER. such men as 'HOAR, Esty, and Crocker, ail The CHAIRMA:N. That is a question_which does not now arise,. taught in republican schools, and earnest in their support of repob- and perhaps is not proper for the Chair to answer. The Speaker 1ican doctrines. There were but two gentlemen from Massachusetts decides points of order in tbe Hoose, th~ ehairman in committee. who either neglected to vote for the bill or voted against it, if I re- The gentleman from Virginia claims the floor, and ii entitled to the member rifhtly. . floor no other member could make the motion that the committee rise­ That bil was lost in a republican Senate because that body had no without his consent. He demands the ruling of the Chair on the­ time to xeoob it during that session. The gentleman from Massachu­ question, and tho Chair must rule on the point of order raised by the setts, who in that day saw fit by report and speech to advocate the gentleman from Michigan. · measure, won laurels then which helped to lift him from this Hoose Mr. CONGER. I do not know whether the Chair understood my into a seat in the other branch which he so ably and honorably fills. point of order. The House, by unanimous consent, or what wa.s· I was young and inexperienced, a dreamer perhaps, untaught in equivalent to unanimous consent, limited debate in the committee. the wily and wiry ways of Congress. [Laughter.] I had been in the Now I understand, and I suppose it is the understanding of all, that Massachusetts Legislature and brought with me the experience and when we rise ::md go into the House after the previous question has. lessons I bad learned, in that admirable school, [laughter,] but-- been ordered, then there would be an hour for the gentleman whore­ The CHAIRMAN. The time of the gentleman has expired and the ported the bill. I submit the point of order that he is not entitled time to which the Honse limited general debate has also been ex­ to the hour now. hansted. The CHAffiMAN. The point raised by the gentleman·from Michi­ Mr. CONGER. I reserved one minute for myself and it is the Chair's gan is that the House having ordered that all general debate close in fault if I have lost it. two hours, and the two hours having expired, the gentleman from The CHAIRMAN. Tke gentleman is correct, there was an inter­ Virginia who reported this mea-sure is not entitled under Rule 60 to­ ruption and he will be recognized for the time of that interruption. an hour in Committee of the Whole to close debate. M.r. CONGER. I only rise to say, M.r. Chairman, that I made a lit­ Mr. CONGER. Having used his hour. tle, gentle, personal allusion to my friend from Massachusetts. [I,.angh­ Tho CHAIRMAN. Yes, having already occupied one hour, as the ter.] Chair understands, in opening the debate. In regard to the latter­ M.r. LORI.NG- rose. abjection, that the gentleman from Virginia. has already t.aken an Mr. CONGElt. Not a moment; I have given you all the time I hour in opening the debate, the Chair~esires to refer to a decision of· could. My allusion to him was mild and gentle, and I thought just the House in the Thirty-first CongresS, first session, where"" the point enough to give th~ _ gentleman from Massachuset~s an opportunity ~ of order was made that the member reporting a measure having mad'e apologize to the Honse and to the country for his former speooh m an opening speech, followed qy a running debate participated in by behalf of this bill. [Laughter.] Sir, I did not attribute that speech other members occupying the floor in their own right, and the pre­ to youth ; I did not attribute it to verdancy; I did not attribute it to vious question having been ordered, the gentleman reporting the­ lack of experience which might have been acquired in the Massachu- measure had not an hour to close the debate in reply. The Speaker­ • setta Legislature, for God knows if there is any body in this world ruled that he was· entitled to the additional hour to close the debate, which need never go to any other legislative body to learn anything and the House, upon an appeal, by a yea and nay vote, sustained that it is the Massachusetts Legislature, (laughter;] but it was that my · decision. The Clerk will read, for the information of the committee,. friend might come here and might say again to the world, say to the -the Journal of the proceedings when that decision was made. country, say to this Honse that he b.ronght his views from the closet The Clerk read as follows: and not from the law library; that he came here im hued with the Mr. Burt mo"\"ed the previous question; which was seconded, and the nuW1 qu~ Mes of scholarship and asked, as be did ask this House, to make a. tion ordered to be put; when gratuity to this institution simply because it was a college and be­ Mr. Strong rose and was proceedi.ng to close the tlebate. Mr. .Alexander :kvans made the point of order that the previous Q,nestion having: cause, as he said here to-day, he was a lover of colleges. been seconded, and the main question ordered to be put, it was not m order for Mr. I have accomplished my purpose in the gentle, peaceful, rather Strong to proceed. . graceful reminder which I gave to the gentltlJllaD from Massachusetts, The Speaker decided that the member from Penns_ylvania, [Mr. Strong,) having and he has had his opportunity. Indeed we have both done very reported tbe m easure under consideration from a committ-ee, was entitled, under­ the tbirt.v.fourth rule of the House, to open and close the debate thereon, and that well on this question, and I now yield the floor. [Laughter.] he did not think he was deprived of that right by the prev.ious question having The CHAIRMAN. The time to which the genetal debate was lim­ been seconded and the main question ordered to be pnt. That ru.le was adovted ited by the Honse bas now expired. during the last Congress, and at the Sllomo session the question arose in Com· mittee of the "Whole on the state of the Union as to the t-ight of the member to Mr. GOODE. Mr. Chairman, as the member reporting this bill to ma.ke his closin...- speech after the expiration of the hour st which the deba.to the House from the committee, I claim one hour under the rules to bad been order;;d' to be closed. It was then held by the committee that he bad the elose deuate, and I will yield to the.gentleman from Massachusetts ti ght, and by a parity of rea-soning (the rule applying as well to the H-onse as the as milch of that tinie as be may desire. committee) it would seem to be his privilege in the present case, 681)6Cially as ther& Mr. CONGER. That cannot be. bad been no debate on the subject in Committee of the Whole on the state of the Union; ot,4erwise the member reporting the measure would be deprived of the ben- Mr. TOWNSEND, of New York. The time for debate was limited. efit of the rule. · Mr. CDNGER. The Honse has directed the committee what to do, From this decision Mr. Alexander E>ans appealed. · and the time is now exhausted. me~~ft~he')I~~~~~ being put, Shall the decision of the Chair stand as the jndg- Mr. GOODE. I hope the gentleman from Michigan will not insist It was decided in the affirmative. upon his objection ; but if he does I wish to call the attention of the So the decision of the Chair was sustained, and Mr. Strong proceeded to close Chair to the role on page 116 of the Digest: the debate. No member slmll occupy more than one hour in debate in the Honse or in com­ The CHAIRMAN. In the case just re:i.d it was decided by the mittee; but a member reporting the measure Wlder consideration from a commit­ Speaker and by the Honse on appeal, as a reference to the Qongres­ tee may open and close the debate. sional Globe will show, that, first, a member reporting a measure from Mr. CONGER. The gentleman bas already opened the debate, and u. committee, having taken his hour to open the debate thereon, is. under the decision in the Honse he cannot close it. My point is that entitled to an additional hour to reply and close debate if another if entitled to the hour it is after the previous qnes ion has been or­ member has occupied the floor in his own right in opposition to the­ dered in the House. measm:e. Second, that he may take this additional hour to close Mr. GOODE. The previous question has not been called and can­ debate after the main question ha.s been ordered. not be called in committee. . Under that decisior;t -if this debate bad taken place in the House,. Mr. CONGER. Under the decision of the Speaker. the gentleman the gentleman from virginia, [Mr. GooDE,] although he has taken cannot both open and close the debate. an bourin opening the debate, since the debate ha-s been continued by Mr. PHILLIPS. It was the agreement of the Honse that all gen­ members occupying the floor in their own right, would sMm to be eral debate should close ou thiil bill in one hour, and that precludes entitled to an hour to close debate after the main qnestion had been. any right which the gentleman from Virginia may have had. ordered. Is he entitled to an boor to close debate in Committee of Mr. GOODE. I ask the Chair to rule on the point. I claim the the Whole after the time has expired to which general d~bate was privilege of one boor to close the debate under the rules. limited by order of the House 7 Mr. TOWNSEND, of New York. All de])ate in committee has been The Speaker based his ruling a-s to the right of an additional hour closed by agreement. · • to close debate in the House after the main question had been ordered Mr.·SPRINGER. I think the rule is this: when a bill is committed upon the C-onstruction that had been given to Rule 60 when a mea.snre to the Committee of the Whole on the state of the Union for consid­ was under consideration in Committee of the Whole at a previous eration and the debate has been limited to a specific tiroo, when that Congress. time has expired the bill is then before the committee for discussion The right of the reporter of a mea-sure to his closing hour in the under the five-minute rule, and after discussion under the five-minute House after the main question had been ordered wa-s sustained rule it must be reported to the Honse, when the member reporting a because under previous decisions he had such right in committee after bill from a committee may close the debate. debate had been.closed by 6rder of the House. Mr. TOWNSEND, of New York. We are not in the House; we are The rules of procedure during debate in the House and general in the Committee of the Whole, and the time for the debate has been debate in the Committee of the Whole are similar, as will be seeri from. 'fixed, and that time has expired. Rule 113. · Mr. SPRINGER. I said we were not in the House. The Clerk will now read Rule 113, relating to proceedings in com-­ Mr. CALKINS. I wish t o make a parliamentary inquiry, whether· mittee. 412 CONGR.ESSIONAL RECORD-HOUSE~ JANUARY 10,

The Clerk read as follows: I made my argument upon that line; and if the ge~tleman will be The rules of proceedings in the House shall be observed in a. Committee of the fair and remember that I declared over and over again that this col­ Whole House, so far as they may be applicable, except the rule limiting the times lege had advocated the sentiments of that section of the country of speaking; but no member shill speak twice to any question until every member where it existed, and that it had presented another instance in which .(:hoosing to speak shall have spoken. professors and students had gone forth to battle, and follo~ed an The CHAffiMAN. The Chair finds that Rule 60, which he is called example which had heen set before by illustrious and ardent men upon to interpret in its application to proceedings in Committee of everywhere, whether right or wrong, sucr.essful or unsuccessful, he the Whole at this time, was adopted in.the Thirtieth Congress, on the will do me the justice to which I am entitled. I looked upon this 18th of December, 1847, .being reported by a select committee to re­ que tion as one elevated entirely above the controversies which nat­ vise the rules. Within three weeks a question arose in Committee of urally divide ardent men engaged in discussing the political questions t he Whole as to the construction to be given to Rule 60, at which of the country. I stated at the time that I did not care to bring up time the identical question arose which is no presented and is re­ the personal history of the question, but I had no desire to rehearse ferred to in the decision just read by the Clerk. A bill reported from the circumstances which surrounded the injury done to tho college. the Committee on tbe Post-Office and Post-Roads was referred to the I agreed at once with the recital of those circumstances, but I en­ .Committee of_the Whole and all general debate ordered to be closed deavored to elevate this matter entirely above the mere question of thereon in two hours and a half. Upon the expiration of the time to war claims of every sort and description, and to present it here as which general debate had been limited, Mr. Goggin, of Virginia, who an instance in our hi.,tory in which a mea.sure has been a-dopted by Teported the bill, claimed his right under the rule to an hour to close the dominant purty controlling public affairs, for the purpose of re­ the debate. The chairman of the Committee of the 'Vhole, Mr. Caleb storing peace and harmony in tlie minds of the American people. B. Smith, who had been a member of the select committee that reported I held that the colleges, the churches, the school-houses of the South the rule, decided that the member reporting the measure from a com­ shonld have been restored ns one of the first and most necessary mittee was entitled to an hour to close the debate after the time measures of reconstruction; and I asked gentlemen upon both sides had expired to which general debate had been limited by the House. of the Hou.,e if such a measure would not have presented to the civ­ From this decision an appeal was taken. Nearly all of the mem­ ilized world a high and honorable example of which we should all be bers of the committee that reported the role participated in the de­ proud and which would l1a.ve done more to pacify the American bate. They stated that the Chair bad decided in accordance with the mind al!d warm the American heart on both sides of the line than any -express and unanimous understanding of the committee ns to the act that could have been accomplished by those then in power. Sir, meanina and effect of the rnle. To the objections that the commit­ I believed it then, and I believe it now, even when the tin5.e for such tee wou1d prolong the debate fo11 an hour beyond the time fixed by concessions seems to be pa.st. At the close of the war I asked a res­ the House, the members of the Committee on Rules answered that it toration of the educational institutions of the South by Congress; I was their intention to give the reporter of a measure an hour to close asked that this restoration should form a part of reconstruction. Not .debate after the expiration of the time limited for general d~bate being a member of the Honse at that time, I had no opportunity to in the committee. The discussion explains the rule as having been present my views upon that question except through the month of framed· and intended to secure to a committee not only an opportu­ one of the distinguished Representatives of my State upon this floor. nity at the opening of the debate to eX{>lain through one of its mem­ The suggestion was not adopted; the plan failed; but .still, sir, I bers the provisions of a measure perfected and recommended by the find the sentiment manifested everywhere, and I know that conflict­ ·committee, but at the ~lose a further opportunity to answer objec­ . ing men can unite and warm and rouse their better natures to action tions made during the discussion by the opponents of the measure. before the institutions of learning aud religion and before historical The decision of t~· e Chair on the appeal was sustained by a vote of associations such as are connec.ted with this question. 103 to 70. Those were the circumstances and influences under which I advo­ This contemporaneous interpretation and application of Rule 60 by cated this meaaure at the lQ.St session. That waa the way in which the very Congress that first adopted it, and the explanation of its the question presented itself to my mind befor& older and more dis­ 'JDeaning given by the Committee on Rules that framed it seems to tinguished members of the Honse taught me many ways of wisdom the Chair to be decisive of the question and the point of order. and, I trust, enlightened me·on many of those processes by which an It was first decided that in Committee of the Whole, where the untaught representative may escape the dangers of the political path Rouse bas by order closed debate in Committee of the Whole, a mem­ which he endeavors to tread. ber reporting a measure from a committee, if a running debate occurs Now, sir, having taken this stand, you cannot imagine my astonish­ t hereon, although he has taken an hour in openinJ,!', has a right to ment when I found myself charged with advocating disloyal war -close the debate in committee by a reply after the time has expired claims and introducing an entering-wedge for a recognition of such to which general debate was limited. The Chair therefore, in accord­ demands to a ruinous extent upon our Government. Why, sir, I de­ .ance with these precedents, rules that the gentleman from Virginia clare unequivocally that at that time I was opposed to allowing such [Mr. Got>DE] is now entitled to one hour to close the debate in Com­ claims; and I am happy to say that the idea which I then presented mittee of the Whole. has been taken up by a distingni~:>hed statesman from Vermont in Mr. CONGER; I wish to say a word on just one point. I stated the other House, who has introduced a measure for a constitutional before there was no question in my mind tltat the gentleman from limitation upon the payment of all such claims, in the support of which Virginia would have the right to his hour after the previous question I doubt not every man in the country who has the welfare of the was ordered. I suppose he would have that right even if he were country at heart would gladly join. '.fhis was my own proposition, permitted an hour now. In the conversation on the subject it was presented here after consultation with many of the wisest and sound­ talked of as an hour being given after the previous question was or­ est men of my own party-my own suggestion ; and I am glad to see -dered, and it was to prevent t,he repetition of the hour, so as -to lllake that one of the ablest, most influential statesmen of the time has it two hours, that I raised the point. I have no desire to limit the taken up that proposition and is endeavoring to incorporate it into -debate, but I do not think that two hours should be given for reply the constitutional law of the land. instead of one. Many warm-hearted republicans here and in my own section ha.ve Mr. GOODE. I do not bear the gentleman from Michigan, hut I called me to account for my action upon this question; and if I had insist that the rnling of the Chair shonld be carried out unless the not been sustained by those whose intelligence waa superior to mine, gentleman takes a.n appeal. · and whose existefwe was dearer to me than life itself, if I had not Mr. CONGER. Nor do I hear the gentleman from Virginia. We received the approval of hosts of soldiers and civilians, and of thought­ .are both thick about the head. [Laughter.] ful men North and South, I might have doubted the wisdom of my Mr. GOODE. I yield ten minutes to the gentleman from Massa­ action, I might ·have suspected myself of having committed an un­ -cbuset.ts, [Mr. LORING.] pardonable political sin thus early in my congressio.nal career. I Mr. LORING. When my time expired I was reciting the history of thank those who stood by me, in many walk~ in life and from every this question now before the committee and stating the attractions section of the land; I thank also those who raised the questiOn against which it presented to my mind as a republican student desirous of me, inasmuch as it gave my friends an opportunity to express them­ -comprehending and supporting :the best principles of our Government selves as they did, and iny party an opportunity to support me gener­ and of recognizing the genius of our institutions. The attractions, as ously notwithstanding our differences of opinion on this matter. I was stating, that first presented tliemselves were! that the measure Sir, I advoca;te no war claims. I simply ask that this question may was born on this side of the House and ,passed this House when it was be put upon the high plane of American statesmanship and settled under the control of those gentlemen with whom I sympathize. It upon the high plane of American generosity and justice, so that it was introduced by gentlemen whose views then accorded with my own, might stand in history for all tiJhe as an example which those who .and do now, advocated by them, sent before the country by them. A are to come after us might follow; an example set us by every civil­ distinguished gentleman now on this :floor from Ohio, distinguished ized nation on the face of the earth which has been swept by civil gentlemen now gone, from Rhode Island and from Pennsylvania, havo war or invaded by foreign foes. On this ground alone would I sup- .recorded their votes in favor of the measure which I in my inexperi­ ence, looking over the records of those believed on the fioor to be portNow, it. s1r,· I am c b arge d w1'th 1ns· ulting U nwn· so ld'1ers, wt'th s t a t'mg sounder republicans than I was, thought as a republican I might safely that a drunken Union-soldier mob burned this building. I said no support. When I was asked, therefore, as a member of the Committee such thing. on Education and Labor to support this measure in the House, I did Mr. CONGER. Neither did I say that the gentleman said -it. I it with the prestige attached to it, to which I have referred, with the said that a former printed report, made by the predecessor of the gen­ -conviction that it was a republican measure of generosity and peace, tleman, [Mr. HoAR,] did charge that a. dranken, disorderly soldiery .and I bad and now have a right so to consider it. burned this building. 1879. CONGRESSIONAL RECORD--;LHOUSE. 413

Mr. LORING. If the gentleman from Michlgan says he did not fellow-citizens everywhere. I am confident that the time is rapidly charge me with such a statement, I have nothing to say one way or coming when the principles of government, the docrines of state and the other. The gentleman whom he charges with having made it can society which were confirmed by the war, will be kindly, fairly, and defend himself better than I can against any charge made against properly accepted in this land in spite of all opposition; when no fur­ himself here or elsewhere. · ther controversies over these questions will arise; but when, as in the Now, sir, there has been a grea~ deal said in this House, since this last election, such divisions of opinion will be buried beneath the question came up, in regard to the relations which have existed be­ ~eneral hope and demand everywhere that the honor of the country,­ tween Mast~achusetts and Virginia. The Representatives of Massa­ lts financial honesty and credit, shall be undisturbeal., and beneath a chusetts are not responsible for that. No Representative from :Massa,.. grand struggle that these may be secured. Thus, in all time to come, cbusetts on this floor proposes to gush over that for the gratification the question of American citizenship having been settled, as it must of any calm and cool and disinterested observer sitting here from any be, there will arise great, overtopping questions on which men can neighboring State, or for the purpose of giving any gentleman· an join hands, North ~nd South, in one manlyefforttopreservethe honor­ opportunity to furnish again a classical allusion to the heated and and integrity of the lnnd. I, sir, as a northern mau ask for that, and torturing poker for l;he benefit and amusement of this House. for a speedy recognition of the equality amljustice guaranteed now by But I do wish to say that the hlstorical bonds that bind the States the Constitution. _ of .Massachusetts and Virginia can nev.er be broken. The streams of I surrender to no man on this floor in my fidelity to the principles­ blood which ran from Massachusetts into Virginia veins can never of those who sent me here. I have advocated the doctrines of human be destroyed. Those of us whose ancestors gave away the lands of right and suffrage, not quite so long as the gentleman from Mich­ Virginia to their best-beloved cbiluren, because they con,sidered that igan, not so long as I wish I had; but I have advocated them long State as the favored spot of this nation, when Massachusetts was enough and I have received sympathy enough from the declarations­ struggling for existence, will never forget those acts; they never can of gentlemen all over this House to kno_w that they are rapidly be­ be forgotten. The relations which exist between these two old Com­ coming the great controlling laws of state and society in our country. monwealths are such that there is a natural impulse whlch cannot I know there are circumstances in our political contests which would be resisted, and which calls upon each to stand by the other when­ indicate that there is hostility to these doctrines, but, sir, these are­ ever their relations in the-past are assailed. incidents of violent political controv~rsies which we must deplore­ Massachusetts and Virginia have an honorable record, won by their and which, wherever they occur, must bA speedily and firmly adjusted united action in our early national conflicts. They have also been according to the requirements of the Constitution and the laws of interlocked exactly as the great Northwestern States ]Java been bound this land. If this conflict is to be continued, I am ready to meet it,. to Massachusetts-by names and families, by blood, and by every tie but I trust it ma.y soon cease, and cease forever. that make the younger States of this nation dear to the older ones. I speak, then, for my country; I speak also for my partY ; I speak for Now let no debate which maytake place in this House on a question the doctrines presented here from the beginning by tne scholars and in which either side is interested assume such a character as to make educated men of the land ; and I speak for that harmony of feeling it in any way appear that it is trifling, dishonorable, trivial, and that must come if we ever expect to restore our country to that con­ puerile for a son of Massachusetts to defend the old universities of dition which we all so much desire, and to which she is marching on, - Virginia, or for a son of Virginia to defend the old 'Q.niversities of step by step, with an inevitable power which no human arm can re­ Massachusetts. strain. I have looked at this question from,tbe stand-point that I have de­ I have said what I wished to say as briefly as possible, laboring scribed here as a republican. I have explained here the exact atti­ under a, physical disability and weakness which prevents me from tude in which it is presented to my mind. I havo stated here what presenting the matter in any more elaborate form. I am sorry, I the feelings of my own State are in regard to Virginia herself. I have regret more than words can express, that a question of this descrip­ stated distinctly what my own views are and what have been the tion, a question entitled to calm and deliberate debate, has peen views of my colleagues and predecessors in this House for many years seized here and whirled as a firebrand through this House. I regret past on the question now before us. more than words can express that it has been discussed in any but a Again, sir, my imagination has been called in question here. It is fair, broad, liberal, national spirit. I do not object to opposition; true it may difter from the imagination of other gentlemen on this but I do think I have a right to object to that spirit which would floor. There may be two pictures to be drawn here. If this college pervert the arguments and misrepresent the statements of those wh() was the filthy and putrid scene presented by the gentleman from desire to discuss all questions freely and fairly, and claim the right Uichigan, [Mr. CONGER,] if the picture which he has giveh us here, to differ from their associates on this floor, while standing by them and which is for the first time presented to this House, with regard in advocating that general policy oj. integrity, freedom, and right to the condition of this university, is in any measure true, and he has upon which the welfare of our people depends. been allowed to exercise his imagination in giving one side of this I am obliged to the gentleman frttm Virginia [.Mr. GooDE] for the picture, will he not be charitable enough to allow ns on the ot.her side ten minutes which he has given me. I h9pe I have stated distinctly to exert our imagination also so as to give a favorable view of it, if and fully·what I understand to be the origin of this bill and the mo­ such a view is possible! I am sure that hls candor, his fairness, his tives which operated upon my mind in advocating it as a national sense of justice, his liberality, and his patriotism will at least allow measure. his aBSociates on this floor to exercise in a small degree those intel­ Mr. GOODE. :Mr. Chairman, I will occupy only a few moments. I lectual powers which he himself has exercised so largely. do not ceusider it at all necessary for me to reply 011 this occasion t& I have listened with great pleasure to the picture he has drawn; the very characteristic speech made by the gentleman from Michigan, it is a curious picture, a striking picture.. The lines he drew were [Mr. CoNGER.] If it affords that gentleman any pleasure, as it evi­ vivid, and the condition of affairs there was, to me, unexpected. dently does, to indulge in ill-natured flings and to pour out the vials When I made the argument for the benefit of this college, I had no of his impotent wrath upon the ":Mother of Commonwealths," and idea that I was speaking for a roof which covered both sides of the the venerable college of William and Mary, let him enjoy it. But he question in the great conflict. I had no idea that this university had may rest assured that all his envenomed shafts will fall harmless and been converted into a common hospital for both parties in the bitter fail to reach the mark at which they have been aimed. The time wa-s and bloody strife. I had no idea that it bad been accepted as a tem­ ~and I wonder the gentlema.n in his historical researches did not re­ ple which would shelter friend and foe alike. call it)-the time was in the early days of the Republic when Virginia, But I learn now from the gentleman from Michigan tbn,t instead of in a spirit of patriotic and disinterested self-sacrifice, surrendered for simply being an institution of learning, it was an institution which the common good a vast and almost illimitable domain in the very had been converted into one of large, broad, and liberal charities, section from which that gentleman comes, northwest of the Ohio River. covering loyal and disloyal with a common shelter. Notwithstanding But, sir, instead of cherishing a filial regard for the" Mother of Com­ the depressing picture which has been presented, I am more kindly monwealths," he seems utterly unwil1ing and unable to de her jus­ inclined than ever to the old college itself for its classical honors in tice, and, like the unnatural daughter of King Lear, tries on all occa­ pMce and for its charitable services in war. I am under obligation sions whick present themselves here to make her feel to the gentleman from Michigan [Mr. CmWER] for so liberally giving me the opportunity to be not only just but generous to aa institution ¥~~a~~:~ki~! s:~~et's tooth it is which, according to his view, is manifestly entitled to justice and generosity alike. - I therefore turn from the gentleman and leave him alone in his glory, I trust that in any argument which may be used on this question knowing full well that he will never be able to soar to those heights hereafter the exact position of gentlemen will always be remembered. occupied by the scholarly gentleman from Massachusetts. I leave him Do not let any man inside or outside of this House charge me with in the place which he has sought out for hims'elf this morning, bur­ advocating unjust claims against the Government. Let no man inside rowing amid the ruins of William and Mary. I leave him there in or outside of thls House charge me with a desire to sunender my his glory to hu~ to his bosom his idol of revenge and of hate, amid party principles ; but let every man deal with me exactly according the hooting of L>ats and owls. to the record. I mean precisely :vhat I say when I repeat the words Mr. CONGER. I heax them now. [Laughter.) . re-echoed on every republican platform, from every republican stump, Mr. GOODE. Yes, the gentleman heard them because he last heard wherever republican declarations have been made, that it is time this himself. I say, I turn from that gentleman and leave him to hug his controversy between the two sections of our land should be adjusted, iclol of revenge and hate, while I address myself for but a few mo­ and t hat we shotild rise up as one people bound in one cause for the ments to those Representatives who, like the gentleman from Mas­ honor, the integrity, the financial credit, and commercial power and sachusetts, believe that the war is over and are willing to recognize interests of a great people. For this purpose I join hands with my the Southern ~tates a8 coequal sovereigns in a confederacy of States.

I 414 CONGR~SSIONAL RECORD-HOUSE. JANUARY 10,

Now, what is this bill 'l Why should it not pass' As you have been tion1 for the reasons so eloquently stated by my patriotic and public­ told here it baa been reported favorably by the Comnrittee on Edu­ spinted friend from Massachusetts. cation and Labor at every succeeding Congress since 187('. It passed I now yield ten minutes to the gentleman from Ohio, [Mr. MoN­ this body, largely republican thf'n, by o. decided majority in 1873. ROE.] Why shonld it not pass f Sir, we are told it is a war claim. Why, Mr. Mr. MONROE. Mr. Chairman, it would be a very presumptuous Chairman, if it had been a war claim it would have been sent to the thing for me to attempt to make a speech on this bill after the speeches Committee on War Claims; but in 1870, and from that day to this, of the eloquent gentlemen who have addressed the committee on it bas been uniformly referred to the Committee on Education and both sides of the question. I have no wish to make a speech. I claim Labor. the attention of the committee a moment solely for the purpose of The gentleman from Massachusetts has summed up in a few words explaining the position which I occupy ip regard to this measure. the grounds upon which we rest the support of this bill. We ask the It affords me no satisfaction to fi.ntl that I must give a. vote upon American Congress to restore this college, the oldest educational insti­ this question which does not appear to be generally approved by tution in the land save one, for the sake of the historic associations gentlemen on my side of the House. I fall behind DO man on this which 1-elong to it upon the same principle that we would repair a side in respect for the opinions cnwrtained by the majority of my damage done to Mount Vernon or Independence Hall, or any other political associates here. The opimon of my political friends always monument about whicli the affections and patriotic memories of our h9.a had, and always will have, and always ought to have, great influ­ people cluster. What cares the gentleman from Michigan for all this~ ence with me, and it only ~ives me pain to-day to find that I must What cares be for the alma mater of George 'Va-shington, of ThQmas vote differently on this subJect from the way in which most of them, Jefferson, of James Monroe, of John Tyler, of Peyton Randolph, of I suppose, wpl vote. But, Mr. Chairman, it so happens that a Ion~ time .John Marshall, and of Winfield Scott f What cares the gentleman ago, having paid this question some attention at a time when 1t was for the fact that upon the illustrious roll of those who drank in early not discussed from the stand-point from which it is now discussed, life at the fountain of William and Mary are to be found the names and having then made up my mind that this was a proper measure of four signers of the Declaration of Independence, four Presidents of for me to support, and having so expressed myseli, I do not find it the United States, two eminent attorneys-general, twentl. members consistent with my personal record to change my vote to-day on the of the Honse of Representatives, fifteen Senators of the Umted States, question, although to my regret I fintl tlfat I am differing from so and a long list of distinguished officers of the Army and Navy, who many of my own side of the House. . have covered themselves with immortal honor and shed enduring When I was associated on the Committee on Education and Labor luster upon the American name t He does not care about these things, with the distinguished gentleman from MaBSachnsetts whose name but I trust the Representatives of the people here do. has been mentioned on this floor to-day; [Mr. HOAR,] and who bas We ask this House to restore this college for the sake of education, since taken a seat at the other end of the Capitol, I at that 'time ex­ in order to edueate the young in our land. Why, sir, nearly one hun­ pressed my sympathy with him in regard to this question of doing dred million acrt's of the public lands acquired by the common blood something to repair the damage to the College of William and Mary. and the common treasure, lands held by this Government in trust for I have repeatedly since said to gentlemen about me that I was pre­ the common benefit of all the people of all the States, have been do­ pared to support the measure, and I do not feel at liberty t.o-do.y to nated to your State and other new States for educational purposes. turn against my own honestly expressed views in the past because I But when "the mother of States" comes, in the weeds of woe, asking find that my political friends take a different view of the matter from the poor pittance of $65,000 to enable· her to restore the oldest ins\i­ what I do. · tution of learning in the land save one, are we to be told-I know we Now, Mr. Chairman, I have it in my power to cite a singl& instance will be told so by the gentleman-but are we to be told by the Amer­ of legislation on the part of this House, an instance belon~ing to the ican Congress they will turn a deaf ear to her appeal, and practically last session of Congress, legislation which both sides of this House I declare she is fit only to pay taxes and to bear burdens, and that all believe unanimously supported, and legislation which exactly repre­ the favors of the Government are to be reserved for the new States T sents the feeling with which I shall vote for the proposition in regard The gentleman says this is a war claim. I deny it. I profess to know to William and Mary. On a certain occasion in the last session of something at least of southern sentiment and feeling on this subject, Congress the distinguished gentleman from New York, whom I do not a.nd I tell the gentleman for the repose of his eoul, [laughter, l I tell now see in his seat, [Mr. Cox,] introduced into this House a proposi­ that gentleman that the people of tpe South do not now expect and tion to appropriate $5,000 to build a .monument at the grave of Jef­ never did•.expect that losses incurred by individuals as necessary inci­ !er.son. The gentleman from New York, when he came to speak upon dents of the war would ever be reimbursed to them. Never I ne,>er I the question, said that be had first named $5,000, but that several They went into that war, sir, with their eyes wide open, with a full prominent republicans had been over to see him and bad asked him knowledge of the consequences of failure. They staked everything to raise it from $5,000 to $10,000, saying they would all vote to appro­ they bad on the issue of the struggle. They lost, and they accept it priate $10,000 to build a monument at Jefferson's grave. And we all as the fate of war. did vote for it. We voted for it sincerely and heartily. We voted Bn t the gentleman has made the wonderful legal discovery that a cor­ for it out .of reverence to our own great past. We voted· for it oot poration can commit treason. He called it a nest 6f treason I Why' of respect to the great history which this Republic ma.de in former Because the faculty and students of William and Mary in our late days. None of us felt any objection to it. And now, Mr. Chairman, unhappy civil strife yielded to the instincts of our common humanity in order that my friends may understand the feelings with which and sympathhed with their own kith and kin and stood by the mother I shall vote for this bill in favor of the William and Mary college, I who bore them. And for this he would harden his heart against those will say that I shall vote for this measure with exactly the same feel­ impnlses which always inspire the breast of the generous conqueror. ing with which I united with all my republican friends and all my I will tell the gentleman so far as the question of war cl~ms is con­ democratic neighbors here in appropriating $10,000 to buildta monu­ cerned we will give him a receipt in full. He may put it in the bill ment to the memory of Thomas Jefferson. that it is not to be regarded as a recognition of war claims so far as I cannot, in attemptin~ to analyze my own feelin~s to-day, dis­ individuals are concerned. We pnt it upon the ground that it is a tinguish between the feeling with which I voted to butld that monu­ bill to encourage, to promote, to advance the great cause of education ment at the last session and the feeling with which I shall vote to in our land. do something toward restoring this venerable 1110nument which has But, sir, the gentleman has appeared here in a new role to-day and now been under discussion. I do not discover any difference in ·my bas played the part of a bulldozer. [Laughter.] He baa undertaken motives or any difference in my feelings. I am willing to vote, when to say from his place that there is no man here from the North, dem­ it may be necessary, to aid in repairing, restoring, rebuilding any ocrat or republican, who dare vote for this. bill-dare was the word­ one of the moat venerable of the historical monuments of the coun­ who dare vote for this bill. "Upon what meat doth this our Cresar try, whether it be the monument of Bunker Hill or the Wa.shingt.on feed that he hath grown so great!" [Laughter.] The testimony of monument here, or the venerable' monument of William and Mary, eye-witnesses, now on file in the committee-room, and the statements or Mount Vernon itseli; I wonld be willing to vote money to keep of Colonel Campbell, General Dix, and General Meade, all show not any one of these venerable relics of the past in a state of preservatioru only that the college buildings were fired and dt!stroyed by the sol­ Let me add, Mr. Chairman that the fact that William and Mary. diel"B of the Union Army, but that it was an unnecessary and deplor­ happens to be an educational monument instead of a. monument at a able act of destruction. The numerous precedents cited by the com­ grave does not diminish my interest in it. I have no dislike for mittee in their report show that it is a well-established custom among education; I have no such feeling toward it as that I must pause all civiliwd nations to repair losses like this occurring in time of war. right here iu my liberality about keeping in repair the venerable, In other W"Grds, that civilized and Christian people do not make war historical, monuments of the past. I confess frankly that the fact upon works of art, or temples of religion, or public edifices detlicated that it is an educational monument rather increases than diminishes to science and learning. my interest in it. I am quite as willing to do something to o. I will only say in conclusion that as chairman of the committee re­ venerable old college in repair as I am to keep in repair a monument porting this bill I have bad the honor to receive a large number of over the bones of a dead statesman. It seems to me tile proposition letters from oulti.vated gentlemen all over the North, and I feel war­ now before us is every way as worthy of us as was the proposition to ranted in -saying that, notwithstanding the speech of the gentleman repair the tomh of Jeffers'on. from Michigan apd his intimidation and threat here to-day, a large And I wauld say, Mr. Chairman. to prevent all possible misunder­ majority, in my Jbdgment, of the cultiv-ated1 liberal-minded, public­ standing, that I have never taken the slightest interest in this bill M tipirited men all over the North, especially those who fought in the a war claim. I would not vote for it or say a word for it as a war war, wonld hail the passage of this bill with approval and satisfac- claim. My friends may rest a-ssured of that. If all that could be 1879. CONGRESSIONAL RECORD-HOUSE. .(15 urged in favor of this bill was what has been said in its behalf as a its students, had anything to do in tainting the corporation with the war claim, I should certainly vote a~ainst it. I will vote against any crime of treason charged against them individually. Its trustees in mea.sure like this, as a W'Ar claim, whenever it shall make its appear- their individual action could not, nor in their combined action could ance upon this floor. . they bind or affect the corporation in anything not within the charter. I have never even read what bas been put in print in favor of this Everything beyond was ultra vires and could not bind the college. Its bill as a war claim, because I felt no interest in it from that point of faculty were its servants, its scholars its wards. It did not send them view. I should be utterly opposed to it from that stand-point, but I to the war. It could not, for its powers did not allow it. And all am in favor of it from the stand-point I have indicated. act:s not authorized by the charter were as to the college ~mll and I wit:ili to add that whenever what are purely southern war claims v01d. In other words, I hold that a corporation which is not a joint­ come here and are pressed in this House my republican friends will stock corporation is a thing purely of the mind, a beinecanse you voted to repair William and Mary subject to the visitatorial power of the State, subject to its gONern­ college, we will reply by saying, we gave you notice when we voted ment, and living only through its at'tachment to the State. for WilliiJD and Mary that we )VOuld vote against all war claims that I take another ground which distinguishes this case from others: may oo brought before Congress. · the building destroyed was a seat of learning and science. I unite with my friend from Michigan [Mr. CmmER] in saying that The law of nations is a bundle of customs, based on international I would not and could not give my support to such a claim. usage, the decisions of courts of admiralty, the opinions of publjcists, Mr. REED. Will the gentleman allow me to ask him a question? and the treaties between nations. These customs, as the civil law Mr. MONROE. Certainly. says, are based on universal consent, and "put on the character of Mr. REED. The gentleman from Ohio has said that be has not law." The .Constitution of the United States (Article 1, section S, read the arguments in favor of this as a war claim. Has be taken claus~ 10) gtves ~ower to Congress "to d~fi.ne and punish piracies and tge pains t-o read the title of the bill, which is: "A bill to reimburse felorues on the h1gh seas and offenses agamst the law of nations." The the College of William and Mary for damages," &c. 'I Constitution thus recognizes the law of nations as a part of the Mr. MONROE. I understand that the friends of the bill propose public law of the United States--a part of their own fundamental te change the title. . law. By that law even the red hand of war cannot touch an insti­ Mr. REHD. In other words, my friend is like the deacon who was tuti?n of le~rning without crime, .which Cot;~gress is empowered to a member of a temperance society, who said he could not drink cider, pu.msh. Tb1s Government has agam and agam appealed t-o this legal but if they would call it apple juice he would drink it. [Laughter. J pnnciple, notably in the destruction of the Capitol in the war of 1812 Mr. MONROE. I am responRible for my own position, but I am not for its ewn security. Wheaton says, page 423: ' responsible for any other man's position here. I think we sometimes By the modern usage of nations, which has now acquired the force of law t.em­ commit the mistake of trying to make our friends all act upon pre­ ples of re~gio_n, public edifices devoted to civil purposes only, monuments of art, and repos1tones of .science, are exempted from tho general operations of war. ciRely the same reasons. Because the title of the bill is not satisfac­ (Wheaton's Internatwna.t Law, 46.) tory to some of my friends that is no reason why I should vote against it when my honest conviction is that it is a right and patriotic thing Phillimoi·e and Halleck speak to the same effMt. How can this to pass it. I think my friend from Maine will feel on reflection that Government in war violate that law whiclt the Constitution has rec­ if be occupied my stand-point and honestly believed in the bill h~ ognized as binding on it and has empowered Congress to punish would not allow himself to be bluffed off from voting for it because those who violate itf I take higher ground. This ca.se differs from the title is not satisfactory t-o some of our friends. I know the mettle all others (I beg the attention of gentlemen to this) in the fact that of my friend from Maine; that he is not in the habit of being put Virginia of all the States in the Southern Confederacy was the only flown by a jplre, and I tell him in all kindness that I do not mean t-o State that had a government that was recognized by the Government be put down in that way myself. of the United States as a legal and loyal government. The govern­ :Mr. REED. I had not the slightes\ id,ea of putting the gentleman ~ent for the State of Virginia was restored at the city of Wheeling down. I was only meeting an argument which both he and the gen­ mJune, 1~1: That ~o~e~nment at Wheeling in May, 1862,consented tleman· from Massachusetts [Mr. LORING] presented. He says that to the parht1on of VIrgmia. By the act of Congress, passed in De­ hereafter he is going to be foremost in opposition to the payment of cember, 1862, based upon that consent of Virginia, West Virrinia was war claims. I tell him that the time to fight is when the battle is condiiionally admitted into the Union, and in .May, 1863 .;as fully going on and not after it is over. and absolutely admitted into ~he Union. Virginia thus c~nsEmted ih Mr. MOISROE. That. is. ~rue; but it is. not worth while to begin Ma~, 1862, th_e !ery date at whtch Genersl :McClellan's army took pos­ the battle beforehand; It 1s not worth while to get up in the middle session of Wtlliam and 1\:lary college, and without that consent Wes.t of the· night and begin sounding the trumpet and beatin~ the drum Virginia could not have been a State. This Govemment, therefore is and making the fife scream when every honest man is qmetly sleep­ estopped to deny that the government of Virginia at Wheeling V:as ing in his bed. [Laughter.] When the time comes, I shall hope to a loyal and legal aud regular government of that State as a State in be as belligerent aa anybody, as the gentleman from Maine or my the Union. If it was not, the whole proceeding for the partition of :itiend froth Michigan. Now I did not say I would be for()most; I Virginia was a nnllity, and West Virginia is not now a State. As said I would try to keep even with others. ~h~ Fedf\ral Government cannot deny that West Virginia is a State, No, Mr. Chairman; the fact is, I do not believe in this a.s a war I~ I~ equally es~opped to deny the leg~lity of the government of VJ.r­ claim, and I have a right to that opinion. I have a right to vote in gmia at.Wheeling; for, by the Constitution, the State of West Vir­ accordance with my opinion, and I am going to do it. Now tlra.t is ginia could not have been formed out of th~ State of Virginia without the feeling I have in regard to the matter, and I am not going to allow the consent of the ~latnre of Virginia. (Art. 4, section 3.) any man to say that I am in favor of war claims, or of depleting the When, there£~~ •. the troops of this Government took possession of Treasuryt or of any of these terrible "entering-wedges," as they ex­ ~-~College o~ William and Mary, they took possession of an institu­ press it tor future war claims. I am the enemy of all such "enter­ tiOn of learnmg under the guardian care and clinging to the breast ing-wedges." [Laughter.] I hope to be just as firm as any other of a loyal mother, ac

How can this Government, thus constitutionally bound to protect legal and equitable grounds.- [Laughter on the republican side.] I against invasion, be&ome itself the invader and destroy the property of repea.t "upon legal and equitable grounds." Do gentlemen on the a college of a loyal and legal State government f How can it pro­ other side who laugh deny that there is a responsibility based on mote domestic violence when bound to defend the State against it 7 equity as well as on law. How can this Government, that, in the language of Macbeth, should A ME~mER. Who is to determine equity 7 against the murderer shut the door, not bear the knife itself, instead Mr. TUCKER. Who is to determine eqnityt We are. Congress of preventing arson become itself the incendiary, and refuse compen­ is capable of making the proper discrimination upon which the lia.bili ty sation for the ruin it produced Y of the Government should depend. Look at another clause. In the fifth amendment to the. Constitu­ Now, Mr. Chairman, there is another ground that I rest this case· tion, which is a limitation on Federal power, (Barron V8. City of Bal­ upon ; and I must burry on; I can only .state my propo itions; I timore, 7 Peters, :Milligan's case, 4 Wallace,) it is provided that no cannot argue them. How can this Government as one of the civil­ person "shall ue deprived of life, liberty, or property without due ized nations of the earth sa.y to fo:ooign nations with whom we may process of law, nor shall private property be taken for public use with­ engage in war hereafter: "When yon tread our soil, our institutions out just compensation." of learning are safe even from the incendiarism of war;" how can In this case property was taken without duo process of law. It we say that when we have burned down an institution of our was taken for public use and destroyed without just compensation. own in ci.-il war, and then refuse to pay ;for it' If we justify this Can that compen~ation now be justly denied 'I Government in burning a.n institution of learning under the guardian­ The United States was a bailee 1oithout hi1·e, bound to extraordinary ship of our Constitution, and our refusal to pa.y for our own destruc­ care. Its agents destroyed the property. Is not the Go"crnment tion, how can we condemn a foreign power in doing the same thing bound to compensate Y Gentlemen have cited cases to show the con­ in a. public war f Are we not estopped. to plead the principles of in­ trary. I need cite no cases to show that any private person under ternational law against such an act by a foreign nation when we have like circumstances would be liable. (See 22 N.Y. Reports, 355.) But set such a. precedent by our own aotion in this case I warn gen­ a number of ca.ses have been cited to show that this Go.-ernment is tlemen thati we are making a. bad precedent against our own highest not liable under like circumstances: Gibbons ·rs. U. S., 8 Wallace, 269; interests as a member of the society of nations. We aro teaching U.S. vs. Giil, 20 Wall., 517; Russell vs. U.S., 5 Court of Claims Cases, bloody instructions which, being taught, will return to plague the 121 ; Flushing Ferry Co. '1:8. U. S., 6 Court of Claims Cases, 1. inventors. As a civilized nation we a.re bound to stand out before Some of these cases turned upon the point that in cases of tort the the world ·and say that in public war, as in civil war, where a gov­ Court of Claims bad no jurisdiction, and that such cases are reserved ernment destroys an institution of learning by wantonness or negli­ for the decision of Congress. In some the dictum, of Judge Story, in gence on the part of its custodians it is bound to compensate the­ hiB work on Agency, sec. 31V, is relied on, which declared that no owner, bound by international law in the case of a foreign war; by gov~rnment was liable for the laches, misfeasance, or trespass of its international law, by the Constitution of the United States, by the officers, a. dictum based on authorities the learned author refers to, law of civilized humanity, and by the law of God in the case of a which do not go further than that such acts will not discharge the civil war. liability of pat·ties to the Government, and do not refer to the liability A great deal has been saicl about this old in titution a.ntl aLout it& of Government to other parties. But in Russell vs. U. S., and U. S. venerable character. I have some feeling on that subject. My an­ -rs. Gill, supra, the Government was held liable for the destruction cestors for two generations back drank at its fountains of learning. and damage of property taken possession of, under its authority, by One hundred years ago and more my grandfather was converted to· its.agents; and in the late case of Clark '1:8 . U.S., 2 Otto, the court the principles of republicanism there, and, renouncing hi allegiance­ says, per Justice Bradley: to tbA country of his birth, stood as an officer of the Revolution with We do not mean to say that where a parol contract has been whoUy or partiaUy the defenders of our liberties at the surrender of Yorktown. My necuUd and performed on one side, the party perform ina- will not be entitled tore· father, niy uncles, a.nd kindred were trained there. The institution oover t be fair >nlue of his property or services. On t~e contrary, we think that therefore is one that fastens itself upon my affections. But look at he will be entitled to recover such value as upon an implied contract for a. quantum me-ruit. In the present case, the implied contract is such as arises upon a simple its alumni. The greatest jurist of the land1 the greatest expounder· bailment for hire, and the obli~ations of the :parties are those which are incidental of the Constitution, John Marshall, was an alumnus of Willia.m a.nd to such a. bailment. The speCial contract bemg >oid, the claimant is thrown back Mary. Winfield Scott, one of our greatest warriors; Jeffer on, the upon the rights which result from the implied contract. This will cast the loss of sage of Monticello; Madison of Montpelier-these and others whom I the vessel upon him. .A bailee for hire is only responsible for ordinar:v dili~ence and liable for ordinary nPgUgence in the care of the property bailed. This 1s not could name by the score were 'trained for their high duties by thi& only the common lawout ihe general law on the subject. /See Jones on Bailments, noble Alma 1\.Iater, and, having shed luster upon the annals of our p. 88; Story ~n Ba.ilments~_ sees. 398, 399; Domat, LOis Civile , lib. I, tit. i>., sec. 3, country by their splendid lives, come here and in mute appeal from a par. 3, 4; Bells Com., vol. .1, pp. 481, 483, 7th ed.) .As negligence is not attributed to the employes of the Government in this case, higher sphere than this claim that we shall rebuild this old in titu­ the loss of the vessel, as before stated, must fall on the owner. tion and raise it from its ashes for a. career of future u ·efulness no­ Of course the claimant is entitled to the value of the use of his vessel during the less glorious than it has wrought in its past history. time it wa.s in the bands of the Go>ernment agenta, which, as shown by the find­ I pray you, gentlemen, to remember that this is no precedent for­ ings, was the period of eight days. war claims,. but a simple demand qf justice to old Virginia. She· If, then, the Government, as bailee for hire, would be responsible comes not here to boa.st, as gentlemen have charged in this debate. I to the owner for destruction of property hired, how can it escape en. titled to t.he vigilant protecting care of every foreign belligerent, and a jortioJ'i under that of a government constitutionally bound to guard During the reading of the bill, its venerable buildings from injury through the negligence or wan­ Mr. PHILLIPS said: I mo-ve to strike out the enacting olaUBe of tonness of the troops of the United States even in the midst of civil the bill. strife. It will be seen that these grounds upon which.! J>Ut this case The CHAIRMAN. That motion is not in order until the reading of furr.ish no precedent for action by the Government in respect to the the bill is concluded. so-called southern,wa.r claims of private persons. I do not mean to The reading of the bill being concluded, say that the Government is responsible for all theseindividua.lc1aims, Mr. CONGER.. I move to am~nd by striking out the words (·'dis­ far from it. I agree with my collea.gne that the people of the South orderly soldiers of the United States." are just as tired of the mass of southern claims presented here as any Mr. PHILLIPS. I believe my motion has precedence. other part f this countrY'. I will stand at the door of the Treasury The CllAIRMAN. The Chair is bound to recognize the gentleman· and protect it against any of these claims that are not based upon from Kansa~. 1879. CONGRESSIONAL RECORD- HOUSE. 417

Mr. PHILLIPS. I move that the committee rise and report the During the vote, bill to the Honse with the enacting clause struck out. Mr. SPRINGER said: I am paired on all political questions with The CHA:ffiMAN. The motion that the committee rise cannot be my colleague, Mr. HE~i'DERSON. But on inquiry I learn from my col­ combined with the motion to strike ont the ena~ting clause. league, Mr. TIPTON, that if Mr. HENDERSON were present he would Mr. PHILLIPS. I move, then, to strike out the enacting·cla.nse. vote "no;" and as I would also vote on the same side, I claim the The question being taken on the motion of 1\Ir. PHILLIPs, it was right to vote. The Clerk will call my name. not agreed to, there being-ayes 79, noes 82. The CLERK. Mr. SPRINGER. • Mr. GOODE. I move that the committee rise and report the bill 1\Ir. SPRINGER. · I vote "no." favorably to the House. Mr. BEEBE. I am paired with my colleag'ue, Mr. BAKER. I am. The motion was agreed to. not aware bow he won.ld vote if he were present, and am constrained, The committee accordingly rose; and the Speaker having resumed therefore, to withhold my own ·vote. the cliair, Mr. BuRCHARD reported that the Committee of the Whole ?tfr. HUNTON. ¥Y colleague, Mr. CABELL, is paired with Mr. on the Private Calendar had had nuder consideration tho bill (H. R. PUGH. If my colleague were present, he would vote in the affirma­ No. 189) to reimburse the College of William and Mary, in Virpnia, tive. for propertv destroyed during the late war, and had directed him to Mr. McKENZIE. I am paired with Jud~e OLIVER, of Iowa. report the 8ame to the House with a recommendation that it pass. Mr. COX, of New York. I am paired-with my colleague, Mr. Mr. GOODE. I call the previous question. · STARIN. I would vote in the affirmative and he would vote in the The previous question was "Seconded and the main question ordered; negative. which was upon ordering the bill to be engrossed and read the third . Mr.l\IAYHAM. I am paired with Governor WALKER, of Virginia. time. If he were present, he would vote in the affirmative and I would vote Mr. PATTERSON, of New York, 1\fr. TOWNSEND, of New York, and in the neO"ative. others called for the yeas and nays. Mr. FORNEY. lam paired with Mr. WAIT, of Connecticut. If he The yeas and nays were ordered. were present, he would vote in t.l~ negative and I would vote in the The question was taken; and it was decided in the negative-yeas affirmll,ti ve. ~7, nays 127, not voting 75; as follows: 1\fr. GUNTER. My colle~O"Ue, Colonel GAUSE, is paired with Mr. YEAS-81. SEX'I'OS, of Indiana. If present, he would vote in the affirmative Aiken, Davis, Joseph J. Jorgensen, Rice, Americus V. and Mr. SEXTON would vote in the negative. Atkins, Dibrell. Kenna, Robbins, Mr. HENRY. I have been requested to annonncethatmycolleagne, Bell, Durham, Kimmel, Robertson, Dr. HEsKLE, is paired on this question with Mr. CALKINs, of Indiana. Blackburn, Elam, Knott, Sayler, Bland, Ellis Landers, Scales, If present, Dr. HENKLE would vote in the affirmative and Mr. CAL- Bliss, Evin~. John H. Ligon, Shelley, KINS would vote in the negative. . Blount, Felton, Loring. Singleton, Mr. JONES, of Ohio. My colleague, Mr. KEIFER, who is absent by Boone, Franklin, Luttrell, Snuills, is Brentano, Garth, Mackey, Smith, William E. leave of the House, detained at home on account of serious sick­ Bridges, Giddings, Maish, Steele, ness in his family. if present, he would vote in the negative. Bright, Goode, Manning, Stenger, Mr. WARD. My collea~ue, Dr. EvANS, is detained at home by sick- Brogden, Gunter, Martin, Throckmorton, ness. If present, he wonla. vote in the negative. .- Cain, Harris, Henry R. Mills, Tucker, Caldwell, John W. Harris, John T. Money, Turner, Mr. SINNICKSON. My colleague, Mr. PuGrr, is paired with Mr. Candler, Hatcher, Monroe, Vance, CABELL, of Virginia. If present, Mr. PuGH would vote in the nega­ Carlisle, Henry, Morse, Waddell, tive and Mr. CABELL in the affirmative. Chalmers, Herbert, Muldrow, Whitthorne, Mr. PAGE. I am paired with ~Ir. 'VILsos, of West Vh·ginia. If Clark of Mis ouri, Hewitt, Abr3Jll S. Muller, . Williams, Jere N. Cox, Jacob D. Hewitt, G. W. Potter, Willis, AlbertS. he were present, I would vot.e in the negative. ()ravens, House, Pridemore, Weod, Mr. GARDNER. My colleague, 1\Ir. DICKEY, is una.voidablydetained ()ritt~nden, Hunton, P..ainey, Yeates. at home. Culberson, Jones, James T. Reagan, Mr. TOWNSEND, of Ohio. I am paired with Mr. ACKLEN, of Lou­ NAYS-127. isiana. If he were present, he would vote in the affirmative and I Aldrich, Danford, Jones, John S. Reilly, would vote in the negative. Bacon, Davis, Horace Joyce, Robinson, G. D. Mr. RUI\'TER. My colleague, Mr. . CA.LK.IXs, is paired with Dr. Bagley, Deering, Keightley, Robinson, M.S. HE~'XLE. If present, Mr. CALIUXs would vote in the negative and • Baker, John H. Denison, Kelley, Ross, Ballou, Dunnell, Ketch3Jll, Ryan, Mr. HENKLE in the afflrmatrve. Banks, Dwight, Lapham, Sampson, .Mr. RICE. I am paired with Mr. ]fiXLEY, of hio. Banning, Eamt> , Lathrop, Sapp, - 1\lr. SAMPSON. My colleague, Mr. BURDICK, is paired with Mr. Bayne, Eden, Lindsey, Shallen berger, CLARKE, of Kentucky. Bicknell, Elli!worth, Majors, Sinnickson, Blair, Errett, Marsh, Smith, A. Herr 1\fr. HAYES. I am paired with Mr. GLOVER, of Missouri. If pres­ Bouck, ·Evans, James L. McCook, Sparks, ent, he would vote in the affirmative and I would vote in the nega- BOyd, Fort. McGowan, Springer, tive. , Bragg, Foster, McKinley, St~wart, 1\Ir. "TRITE, of Pennsylvania. My colleague, Mr. MITCHELL, who Brewer, Frye, McMahon, 'Stone, John W. Briggs, Gardner, Morgan, Strait, has gone with the committee accompanyinS' the remains of 1\Ir. HART- Browne, Garfield, Morrison, Thompson, RIDGE, if present, would vote in the negative. . Buckner, Hale, Neal, Tipton, 1\Ir. LUTTRELL. My colleague, Mr. WIGGD.--rox, is detained at Bundy, Hamilton, Norcross, Townsend, M. L Bm·chard, H.a.rdenbergh, O'Neill. Townshend, P... W. home by important business. I do not know how he would vote. Caldwell, W. P. Harmer 1 Overton, Turney The vote was then announced as above recorded. Camp, Harris, Benj. W. Patterson, G. W. Van V~rhes , Mr. CONGER moved to reconsider the vote just taken; and also Campbell, Harrison, Patterson, T. M. Ward, moved that the motion to reconsider be laid on the table. Cannon, Haskell, Peddie, Warner, Claflin Hazelton, Phelps, Watson, The latter motion was agreed to. Clark, Rush Hendee, Phillip , White, Harry ORDER OF BUSD."ESS. Cobb, Hiscock, Pollard, Williams, Andrew Cole, Humphrey Pound, Williams, C. G. 1\Ir. HALE. I move that the House do now adjourn. Collins, Hungerfo~ , Powers, Williams, James Mr. DURHAM. I desire to present a conference report. Conger, Hunter, Price, Williams, Richard The SPEAKER. The gentleman from Kentucky [Mr. WILLIS] Cove~ Ittner, Randolph, Willits desired to be recognized by the Chair for some purpose. CtlilliDlll gs, James, Rea, Wren. ' Cutler, Jones, Frank Reed, Mr. WILLIS, of Kentucky. I am instructed by the Committee on Education and Labor to present a report. NOT VOTING-75. The SPEAKER. Does the gentleman from Maine yield to allow Acklen, Dean, Hubbell, Southard, Bailey, Dickey, Keifer, Starin, the gentlemau from Kentucky to make a report from the Committee Baker, William H. Eickhoff, Killlliger, Stephens, on Education and Labor, for recommitment, as the Chair understands T Beebe, Evans, I. Newton Knapp, Stone, Joseph C. Mr. HALE. It is late, and I think we had better adjourn. Benedict, Ewing, · Lockwood, Swann, T'he PEAKER. The gentleman from Kentucky [Mr. DURHAM] Bisbee, Finley, Lynde, Thornburgh, . Burdick, Forney, Mayham. Townat>nd, Amos has risen to make a confe1·ence report. • Butler, Freeman, McKenzie, Veeder, Mr. HALE. I must insist on my motion. Cabell, Fuller, Metcalfe, ·wait, Mr. LUTTRELL. I wish it understood that republicans object to Calkins, Gause, Mitchell, Walker. any legi lation on the Chinese question. It is iu keeping with their Caswell Gibson, · Oliver, Walsh, Chittenden, Glo>er, Page, White, Michael D. record. Clark, Alva.h A. Hanna, Pugh, Wig~ ton, LEA\E TO PRU\T. ClarkeofKentucky,Hart, Rice, William W. Willis, Benj. A. Clymer, Hartzell. Riddle, '\VItson, By unanimous consent, leave was granted to Mr. WmTE, of Penn­ Cook, Hayes, Roberts, Wright, sylvania, and to Mr.Dus~L to haT"e printed in the RECORD remarks Cox, Samuel S. Henderson, Schleicher, Young, Casey, on the bill in relation to the College of '\Yilliam ana ~fary. [See Crapo, Henkle, Sexton, Young, JohnS. Appendix.] Da•idson Hooker, Slemons, The question being taken on Mr. HALE'S motion, it was agreed to; So the House refused to order the bill to be engrossed and read a and accordingly (at four o'clock :md twenty-seven minutes p. m.)the third time. House adjourned. Vill-27 · 418 CONGRESSIONAL RE00'RD- HOUSE. JANUARY 10,

PETITIO~S, ETC. Also, the petition of·dharles Smith and 56 others, citizens of Minne­ The following petitions, &c., were presented at the Clerk's desk, sota, of similar import- to the same committee.. under the rnle, and referred as stated : Also, the petition of George Schelter and 60 •others, citizens of Miu­ By :\Ir. ALDRICH: The petition of Moses Bailey a.nd 183 others, cit­ nesota, of similar import-to the same committee. izens of Winterset, Iowa, for the enactment of laws to prevent -the By Mr. FINLEY: The petition of Jabez Dickey and 75 others, citt­ adulteration of sugars and other sweets, and for the suppression of zens of Morrow County, of similar import-to the same committee. the traffic in adulterated sweets-to the Committee of Ways and Also, the petition of W~ M. Griffith and 85 citizens of Holmes County,. !leans. . Ohio, against an extension of the olover-hnller patent of John C. Also, the petition of M. \V. Oliver, jr., and 110 ot.hers, citizens of · Birdsell-to the Committee on Patents. Crawford County, Pennsylvania,, of similar import-to the same com­ By Mr. GARDNER: The petition of Mrs. C. Eldridge and 139 other mittee. · ladies, of Warren County, Ohio, for legislation to suppress polygamy- Also, the petition of C. R. Peck and 36 others, citizens of Ironton, to the Committee on the Judiciary. · Missouri, of similar import-to the same committee. By Mr. HARRISON: The petition of Reid, Murdoch & Fischer and Also, the petition of M. V. Bonney and others, citizens of \Vest Han­ 23 others, wholesale grocers of Chicago, Illinois, for duties on imported• over, Massachusetts, of similar import-to the same committee. sugars to be regulated on the ad '1:alo1·tm1- principle-to the Committee Also, the petition of H. M. Swan and 60 others, citizens of Clarks.; of Ways and Means. ville, Iowa, of similar import-to the same committee. By Mr. HAYES: The petition of ladies of Mazon, Illinois, for le~s­ Also, t.he petition of J. A. Rice and 80 others, citizens of Rockland, lation to make effective the anti-polygamy law of 1862-to the Com- Massachusetts, of similar import-to tlte same committee. · mittee on the Judiciary. • Also, the petition of Ad Moeller and 84 others, citizens of Ohio, of Also, the petition of wholesale grocers and dealers in sugars, of Chi­ similar import-to the same committee. · cago, Illinois, that the duties on sugars be regulated on the ad t•aloretn Also, the petition of E. L. Marshall, M.D., and 70 others, citizens of principle-to the Committee of Ways and Ueans. Keithsburgh, Illinois, of similar import-to the same committee. By 1\Ir. HUMPHREY: The petition of 1\!Fs. C. L. Fuerer, Mrs. R. C. Also, the petition of L. Z. Lantz and 26 others, citizens of \Vest Borgess, and others, of Alma, Wisconsin, to make effective the anti­ Liberty, Ohio, of similar import-to the same committee. polygamy law of 1862-to the Committee on the Judiciary. Also, the petition of J. H. Robertson and 42 others, members of By Mr. HUNTON: The petition of A. Humphrey Beans, o~ Lou­ the bee-keeper's convention of Michigan, of similar import-to the doun, Virginia, for compensation for stock driven· off by order of. same committee. • General Sheridan during the late war-to the Committee on War Also, the petition of John W. Painter and 143 others, citizens of Claims. Freeman, Missouri, of similar import-to the same committee. Also, the petition of Ha.."Tison Haws, of similar import-to the same Also, the petition of Jacob May and 120 others, citizens of Cass committee. County, Missouri, of similar import-to the same committee. Also, the petition of Craven Howell, of similar import-to the same Also, the petit.ion of David 0. Hays and 48 others, citizens of Byron, committee. New York, of similar import-to the same cominittee. . Also, the petition of Lydia H. Jones, of similar import-to the same· Also, the petition of Emma P. Cooper and 32 other women, of committee. . · Prospect Park, Illinois, for such legislation as will make effective the Also, the petition of J olm Prim•, of similar import-to the 'Same com-· anti-polygamy law of 1862-to the Committee on the Judiciary. mittee. By Mr. BACON: The petition of Cyrus D. Prescott and others, Also, the petition of Hugh S. Thompson, of similar import-to the· against the passage of the proposed amendments to the patent laws- same committee. · to the Committee on Patents. · By 1\Ir. JACOBS: A paper relating to the establishment of a post­ Alsoi the petition of W. R. Pease, captain and brevet lieutenant­ route between Pomeroy and Almata, Washington Territory-to the colona United States Army, against the passage of sections 312, 313, Committee on the Post-Office and Post-Roads. and 315 of the bill to reorgamze the Army, relating to the "retired By 1\Ir. JAMES: The petition of Mrs. Jennie M. Booth and others, list"-to the Committee on Military Affairs. of Canton, New York, for such legislation as will make effective the By Mr. BANNING: Resolutions of the Board of Trade of Cincin­ anti-polygamy law of 1862-to the Committee on the Judiciary. nati, Ohio, asking the Senators and Representatives in Congress from By 1\Ir. JONES, of Alabama; A paper relating to the establishment said State to oppose the passage of the bills (S. No. 300 and H. R. of a post-route between Saint Stephen's and Deer Park, Washington No. 1612) amandin~ the patent laws, because they are alleged to be County,4J.abama-totheCommitt-eeon thePost-OfficeandPost-Roads. subversive of the nghts of property, in violation of the Constitution By Mr. KEIGHTLEY: The petition of 1\Iary E. Hewitt and 49 others, • and every solemn pledge given by the people to meritorious invent- of Richland, Michigan, for the enforcement of the anti-polygamy ors-to the Committee on Patents. • law-to the Committee on the Judiciary. . Also, the petition of Mrs. Nancy Dunn and 23 other ladies, of By Mr. LAPHAM: Resolutions of the senate of the Legislature of Lockland, Ohio, for such legislation as will make effective the anti­ New York, requesting the Senators and Representatives from that polygamy law of 1862-to the Committee on the Judiciary. State in Congress to oppose the passage of the Army reorganization By :Mr. BLAIR: The petition of Sarah H. Thompson and others, bill, or at least the portions of it relating to the Ordnance depart­ citizens of Stark, New Hampshire, of similar import-to the same ment, United States arsenals, and ordnance store&-to the Committee· committee. on Military Affairs. By Mr. BLA.t.~D: The petition of soldiers of the Black Hawk war, By Mr. LINDSEY: The petition of A. B. Bowler and others, citizens­ for pensions-to the Committee on Revolutionary Pensions. of Somerville, Maine, for the passage of House bill No. 4234, granting By Mr. BOYD: The petition of S. R. Meadows and others, for legis­ arrears of pensions-to the Committee on Invalid Pensions. lation to prevent the adulteration of. sweets-to the Committee of By Mr. McCOOK: The petition of Mary M. Staats, guardian of the. Ways and Means. minor children of Francis Eckerter, cleceased. that a pension be granted By Mr. BREWER: The petition of Frederick C. Dunker, for a pen­ said children-to the same committee. sion:...._to the Committee on Invalid Pensions. Also, the petition of R. Beggs and 54 others, of the city of New York, Also the petition of Drucilla L. Town, Mrs. K. M. Stetler, and 36 against changing the tariff on sugars-to the Conuni ttee of Ways and. other ladies, of Onondaga, Michigan, for the enforcement of t,he anti­ Means. polygamy law of 1862-to the Committee on the Judiciary. By Mr. McKINLEY. The petition of G!) citizens, farmers of Stark Also, the petition of Mrs. Kate Lopham, Mrs. R. D. Sowle, and 44 County, Ohio, against the extension of the Birdsell clo>er-hul1er pat-­ other ladies, of Ingham County, MichiganJ of similar import-to the ents-to the Committee on Patents. _same committee. Also, the petition of R. Kiely & Brother and 136 citizens of Cali­ By Mr. CAIN: The petition of 35 cooks, laborers, and nurses of the fornia, Missouri, of similar import-to the same committee. Freedmen's Hospital, in Washington,.Distriot of Columbia, for an in­ Also, the petition of J.D. Talbot and 57 citizens of Polk, Ohio, of crease in the rate of compensation received by them-to the Commit­ similar import-to the same committee. tee for the District of Columbia. Also, the petition of A. Muller and 23 citizens of Muscoda, 'Viscon­ By Mr. CHITTENDEN: The petition of the Central Branch Union sin, of similar import-to the same committee. Pacific Railroad Company, that Congress request the executi>e de­ Also, the petition of J. D.l\!umper and 20 citizens of 1\fohecanville,. partment of the Government to take such steps as may be lawful Ohio, of similar import-to the same committee. under the Pacific Railroad acts of 1862 and 1864 for the completion Also, the petition of \Villi am R. Edwards and 67 citizens of Ashland of the Central Branch Union Pacific Railroad to a connection with County, Ohio, of similar import-to the same committee. the Union Pacific Railroad, according to the true intent and meaning By Mr. Mc1\IAHON: The petition of John W. Brown, for a pension- of the said acts-to the Committee on. the Pacific Railroad. to the Committee on Invalid Pen ·ions. · By Mr. DIBRE.LL: The petition of Joshua Beck, of Chattanooga, By 1\Ir. MONROE : The petition of Mrs. Lucy A. Shaw and 143 other· Tennessee, for compensation for supplies furnished the United States women, of Tallmadge, Ohio, for such legislation as will make eftect­ Army-to the Committee on War Claims. ive the law against polygamy-to the Committee on the Judiciarv. By ~Ir. DDm"ELL: The petition of E. A. Perkins aud 56 others, By Mr. OVERTON: The petition of Mrs. Mary Eads and 86 other· for legislation to prevent the adulteration of sweets-to the, Commit­ women, of Hawley, Pennsylvania, of similar import-to the same­ tee of Ways and Means. committee. Al o, the petition of Har>ey Chapel and 19 others, citizen of Minne­ By :Mr. PAGE: A paper relating to the establishment of a post-· sota., of similar import-to the same committee. route from Colfax to Yankee Jim's, via Yankee Crossing, Califomia­ Also, the petition of ~elson Brown and 24 others, citizens of Minne­ to,.the Committee on the Post-Office and Post-Roads. sota, of similar import-to the same committee. By Mr. POWERS: The petition of Zenas H~rrick, a soldier of the· ,,

1879. CONGRESSIONAL RECORD- HOUSE. 419 war of 1812, for arrears of pension-to the Committee on Invalid Pen­ Alabama; Mr. J. A. McKE..~zm, of Kentucky; .l\Ir. NICHOLAS MULLER, ions. of New York; Mr. G. B Loruxa, of Massachusetts; Mr. LoREmo By Mr PRICE: The petition of 40 citizens of Jones County, Iowa,· BRENTANO, of Illinois; llr. M. I. Towxs:Em>, of New York, and Mr. for an amendment to the patent laws to protect innocent purchasers­ L. POWERS, of 1\Iaine. to the Committee on'Patents. In accordance with the last resolution the House (at twelve o'clock Also, the petition of the Women's Christian Temperance Union of an.d twenty minutes p. m.) adjourned. Algona, Iowa, and 112 citizens, for a commission of inquiry concern­ ing the alcoholic liquor traffic-to the Committee on the Judiciary. By Mr. REA: Memorial of the Board of Trade of Saint Joseph, Mis­ PETITIOXS, ETC. souri, for an appropriation for the improvement of the harbor at that The following petitions, &c., were presented at the Clerk's desk, pla.ce-to the Committee on Commerce. under the rule, and referred as stated : • _ By Mr. RYAN: The petition of William Simmons, for a pension­ By Mr. ALDRICH: The petition of Conrad Jacoby and 72 others, to the Committee on Invalid Pensions. citizens of' Los Angeles, California, for the enactment of laws to pre­ By Mr. SAMPSON: Papers relating to the war claim of Thomas vent the adulteration of sweets-to the Committee of Ways and Means. McGuire- to the Committee on War Claims. Also, the petition of Charles Oliver and 226 others, citizens of Craw­ By Mr. SPRINGER: Papers relating to the claims of George T. ford County, Pennsylvania, of similar import-to the same committee. Rogers and Benjamin P. Gaines for compensation for services as Also, the petiti,on of Henry Peatsch and 86 others, citizens of Winona,. clerks to committees of the Honse of Re~esentatives-to the Com­ Minnesota, of similar import-to the same committee. mittee of Accounts. Also, the petition of G. W. 'Varner and 63 others, citizens of Wiscon­ By Mr. STONE, of Michigan : The petition of Myra. Lowe and 60 sin, of similar import-to the same committee. other women, of Sparta, Michigan, for legislation to make effective Also, the petition of 15 physicians and others, citizens of Shreveport~ the anti-polygamy law of 1862-to the Committee on the Judiciary. Louisiana, of similar import-to the same committee. _ Also, the petition of T. F. Bingham and 87 others, citizens of Otsego, · Also, the petition of William Bloom and 41 others, citizens of Kansa , Michigan, for legislation to provide for the punishment of theo adul­ of similar import-to the same comm~tee. teration of sweets-to the same committee. Also, the petition of A. H. Hart and 39 others, of the '¥"isconsin bee­ . By ·1\Ir. TOWNSHEND of Illinois: The petition of citizens of keepers' convention, of similar import- to the same committee. Hamilton County, illinoiS,1 that a pension be granted William S. Also, the petition of L. F. Ball and 50 others, citizens of Terre Haute, Heard-to -the Committee on Invalid Pensions. Indiana, of similar import-to the same committee. By Mr. WADDELL: The petition of citizens of Brunswick County, Also, the petition of R. 1\f. .Argo a.nd others, citizens of Lowell, Ken­ North Carolina, for an appropriation to open the channel of Lock­ tucky, of similar import-to the same committee. wood's Folly River-to the Committee on. Commerce. By Mr. BUNDY: Resolutions of the enate of the Legislat ure of By Mr. WOOD: The petition of W. A. Courtenay, agent, relating New York, requesting the Senators and Representatives from that to the entrance fees bn certain vessels at Charleston, South Carolina­ State in Congress to oppose the passage of the .Army reorganization to t he Committee of Ways and Means. bill, or a.t least the portions of it relating to the ordnan<;e depart­ ment., United States arsenals, and ordnance stores-to the Committee on l\filitary Affairs. Dy Mr. CHITTENDEN: The petition of M. A. 'Villiamson and others, of Brooklyn, New York, for legislation to make effective the anti-polygamy law of 1862-to the Committee on the Judiciary. HOUSE OF REPRESENTATIVES. By Mr. CLARK, of Iowa : The petition of Hon. John McCartney and others, citizens of Benton County, Iowa, for t.he amendment of SATURDAY, Januat·y 11, 1879. the patent laws of the United States so as to protect innocent pur­ chasers of articles upon which there is a patent-to the Committee The House met at twelve o'clock m. on Patents. The Chaplain, Rev. W. P. HARRISON, offered the following prayer: Also, the petition of citizens of Linn County, Iowa, of similar' im­ .Almighty God, our Heavenly Father, it hath pleased Thee once more port-to the same committee. t o lay the heavy hand of death .upon the membership of this body. Also, the petition of J. P. Henry and others,·citizens of Benton In the midst of an active, useful, and honorable life a member of this County, Iowa, of similar import-to the same committee. ~ House bas been called hence. 0 God, our Father, our Creator, our Also, the petition of Mrs. J. H. Haines and other ladies, of Grinnell, Preserver, our Redeemer, we bow before Thee in submission to all acts Iowa, for such legislation as will make effective the anti-polygamy of Thy providenceL.and we pray, we implore Thy mercy upon us. 0 law of 1862-to the Committee on the Judiciary. God, minister by Thy gracious spirit's influence to those who have By 1\ir. CUMMINGS: The petition of G. Westinghouse & Co., of been so suddenly bereaved by this affliction, and do Thou teach us Schenectauy, New York, Wooster Agricultural Works, at Wooster, who remain so to number our days that we may apply otir hearts Ohio, and Whiting & Shearer, of Ashland, Ohio, against extending unto wisdom. the Birdsell clover-huller patent-to the Committee on Patents. May it please Thee, our Father, to spare the members of this House. By Mr. DAVIS, of California: Memorial of the constitutional con­ 0 God, may their health and their lives be precious in Thy sight. vention of California, protesting against the proposed treaty with Enable them to discbafge their duties to the people whom they France relating to a revision of the tariff on French products-to the represent, and may they ever have Thee in remembrance, that they Committee of \Vays a.nd Means. may fear God and walk in the ways of righteousness. .Also, resolutions of the constitutional convention of California, Bless the presiding officer and the members of this House and of respecting the sale of public. lands in said State"-to the Committee the Senate, the President and the Vice-President of the United States, on the Public Lands. and all depaDtments of the Government and all sections of our coun­ By 1\lr. GARFIELD: The petition of citizens of Ohio, for legislation try. May God's blessing rest upon ns ever. These and all gifts of to make effective the anti-polygamy law of 1862-to the Committee Thy providence and grace we ask in the name of Jesus Christ, our on the J ncliciary. Redeemer. Amen. By Mr. HARRISON : The petition of Mary J. Haven, Clara ·A. The Journal of yesterday was read and approved. Beecher, and 64 other ladies, of Chicago, illinois, of imilar import­ DEATH OF RON. GUSTAVE SCHLEICHER. to the same committee. Mr. GIDDINGS. Mr. Speaker, it becomes my painful dut y to By Mr. HAYES: The petition of .ladies of Will County, Illinois, of announce to this House the death of my colleague, Ron. GusTAVE similar import-to the same committee. SCHLEICHER, late a Representative from the S~ate of Texas, which By .Mr. KIDDER: The petition of Gilbert Tuttle and others, for a occurred at his residence in this city at twenty minutes past ten new land office neru.· Kampeska, Dakota Territory-to the Committee o'clock yesterday evening. I shall at some time in the future ask on the Public Lands. the House to set apart a day for the consideration of the appropriate Also, the petition of F. D. Lindsay and others, of imilar import- memorial resolutions. I offer now the resolutions which I send to the to the same committee. . desk. By l\lr. :MORSE: The petition of the women of the Protestant The Clerk read as follows : Episcopal church of Chelsea, .Massachusetts, for legislation to make Re.!olved, That the House has h E>.ard with sincere regret the announcement of the eftective the anti-polygamy law 6f 1862-to the Committee on the death of Ron. GusT A. VE SCHLKICHER, late a Representative from the State of Texas. Judiciary. R esolved by the House of Representatives, (the Senate conctu·J-ing,) 'l'hat a special · By Mr. OVERTON: The petition of E. C. Post, oj Montrose, Penn­ joint committee of eif:ht members of the House and three members of the Senate be sylvania, and 37 others, for atcommission of inqmry concerning the appointed to take oraer for superintending the funeral and to escort the remains of the deceased to San Antonio, Texas; and the necessary expenses attending the alcoholic liquor traffic-to the Committee of Ways and Means. execution of this order shall be paid out of the contingent fuiid of the House. . By Mr. PRICE: The petition of the Women's Christian Temper­ Resolved, That the Clerk communicate the foregoingresolutions to the Senate. ance Union and 116 others of Prairie City, Iowa, of similar import-=­ Resolved, That as a mark of re pect to the !llemory of the deceased this House to the Committee on the Judiciary. do now adjourn. By Mr. SAPP: A paper relating to the bill (H. R. No. 5780) for the The resolutions were unanimously adopted. relief of G. W . Clark-to the Committee on Military Affairs. The SPEAKER announced the appointment of the following-named By Mr. TIPTON: The petition of G. Westinghouse & Co. and others, members as the committee on thepart of the House under thesecond against the extension of the Birdsellclover-hullerpatent-to the Com­ resolution: .Mr. D. C. Gmmxos, of Texas; Mr. C. M. SHELLEY, of mittee on Patents.