1900. OONGRESSION.A.L RECORD-SENATE. 346a
By Mr. VREELAND: Petition of citizens of Centralia and May Mr. HALE. Let that communication be prinred. ville, N. Y., in faver of the Grout bill taxing oleomargarine-to · The PRESIDENT pro tempore. In the absence of objection, the Committee on Agriculture. the communication, with the accompanying papers, will be Also, petition of Fred E. Bonsteel and other druggists of James printed. To what particular committee shall the communication town, Fredonia, and Dunkirk, N. Y., for the repeal o.f the stamp be referred? tax on medicines, perfumery, and cosmetics~to the Committee Mr. HALE. I suppose it should go to the.Puerto Rican Com on Ways and Means. mittee. Also, petition of citizens of Gowanda, N. Y., urging the passage The PRESIDENT pro tempore. It relates to the tariff in the of the Lacey bill for the protection of wild birds and game-to Philippipe Islands and Puerto Rico, as well as Cuba. a.nd Guam. the Committee on Interstate and Foreign Commerce. Mr. HALE. Does the communication refer to the tariff duties Also, petition of the Woman's Christian Temperance Union of in all of the different islands? Dunkirk,N. Y., urging the enactment of a clause in the Hawaiian The PRESIDENT pro tempore. In all of the islands. constitution forbidding the manufacture and sale of intoxicating Mr. HALE. Then let it go to the Committee on Finance. liquors and a prohibition of gambling and the opium trade-to The PRESIDENT pro tempore. That reference will be made, the Committee on the Territories. in the absence of objection. · By Mr. WISE: Papers to accompany House bill granting a pen AGES OF EMPLOYEES IN EXECUTIVE DEPARTMENTS. sion to Thomas Allen, late a. private in Company L, Fourth Vir ginia Infantry, in late Spanish-American war-to the Committee The PRESIDENT pro ·tempore laid before the Senate a com on Pensions. munication from the Secretary of the Navy, transmitting, in re By M'r. YOUNG: Petition of the League of American Sports sponse to a resolution of the 16th instant, certain information men, favoring the 11assage of House bills 6634 and 6062, for the relative to the number of persons employed in the Navy Depart preservation and protection of wild game and perpetuating the ment and bureaus as clerks, messengers, etc., between certain American buffalo-to the Committee on Interstate and 1!,oreign ages, and the number now on the rolls who are permanently in Commerce. capacitated, etc.; which was ordered to lie on the table, and be Also, petition of the Botanical Society of Pennsylvania, in favor printed. of a national park being made of the Calaveras grove of sequoias, TRANSPORT SffiPS, in the State of California-to the Committee on the Public Lands. The PRESIDENT pro tempore laid before the Senate a. comnm Also, letter of H. L. Scott, favoring Government distribution of nication from the Secretary of War, transmitting, in response to blackleg vaccine-to the Committee on Agriculture. a resolutjon of January 9, 1900, a letter from the Quartermaster Also, petition of Lawrence Keohane and Minerva J. Hartzman, General United States Army, and accompanying statements, rel of Philadelphia, Pa., urging the passage of House bill No. 4728, ative to the transport ships and other vessels purchased· or char relating to leave of absence.with pay to certain employees of the tered l>y the War Department since March 4, 1897, etc.; which, Government-to the Comm1ttee on Naval Affairs. with the accompanying papers, was ordered to lie on the t.able, Also, resolutions of the Chicago Federation of LabQr, against and be printed. sundry bills taxing oleomargarine and butterine-to the Commit CLAIMS OF NEZ PERCE INDIANS. tee on Ways and Means. Also, petition of Cyrus D. Hotten.stein, asking for relief-to the The PRESIDENT pro tempore laid before the Senate a com Committee on Claims. munication from the Sec1·etary of the Interior, transmitting a By Mr. ZENOR: Resolutions of Jeffersonville Post, No. 86. and decision in i·ela.tion to the claims of certain Nez Perce Indians for Magnus Brucker Post, No. 234, Grand Army of the Republic, of compensation for services claimed to have been rendered by them Jeffersonville, Ind., in suppo1·t of Honse bill No. 7094, to establish as scouts, couriers, and messengers under Gen. 0. 0. Howard in a Branch Soldiers' Home at Johnson City, Tenn.-to the Commit 1877; which, with the accompanying papers, was referred to the tee on Military A:ffafrs. Committee on Indian Affairs, and ordered to be printed. MESS.A.GE FROM THE HOUSE. SENATE. A message from the House of Representatives, by Mr. W. J. BROW1'~G, its Chief Clerk, returned to the Senate, in compliance THURSDAY, March 29, 1900. with its request, the bill (S. 733) concerning the boarding of TI~~. . Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. The message also announced that the House had passed the bill The Secretary proceeded to read the Journal of yesterday's pro (S. 3207) approving a revision and adjustment of certain sales of ceedings, when, on motion of Mr. ScoTT, and by unanimous con Otoe and Missouria lands in the States of Nebraska and Kansas. sent, the further reading was dispensed with. The message further announced that the House had agreed to The PRESIDEN'l' pro tempore. The Journal, without objec the reports of the committees of conference on the disagreeingvotes tion, will stand approved. of the two Houses on the amendments of the Senate to the follow LEGATION BUILDL~G AT BANGKOK. ing bills: The PRESIDENT pro tempore laid before the Senate a commu A bill (H. R. 6627) making appropriations for the payment of nication from the Secretary of State, tran mitting a further dis invalid and other pensions of the United States for the fiscal year ending June 30, rno1. and for other purposes; and patch from the m~nister of the United States at Bangkok, Siam, stating the reason why an appropriation of $2,000 for repairing A bill (H. R. 9279) making appropriations to supply urgent de the legation premises and grounds at that place should be made. ficiencies in the appropriations for the fiscal year ending June 30, Mr. HALE. That matter has already been acted upon, and I 1~00, and for prior years, and for other purposes. move that the communication and accompanying papers be printed The message also announced that the Honse had passed a bill and referred to the Committee on Appropriations. (H. R. 911) to amend section 1176 of the Revised Statutes of the , The motion was agreed to. United 8tates; in which it requested the concurrence of the Senate. OLD COURT-HO"CSE PROPERTY IN INDIANA.POLIS, IND. ENROLLED BILL SIGNED. The PRESIDENT pro tempore laid before the Senate a com The message further announced that the Speaker of the House munication from the Secretary of the Treasury, transmitting a had signed the en.rolled bill (H. R. 6627) making appropriations letter from the Supervising Architect, submitting an estimate of for the payment of invalid and other pensions of the United States appropriation to pay rent for the remainder of the current fiscal for the fiscal year ending June 30, 1901, and for other purposes; year for the portion of the old court-house and post-office property and it was thereupon signed by the President pro tempore. f~erly belonging t_o the -p-nited States in the city of Indianapo PETITIONS AND MEMORIALS. lis, Ind., $4,000; which, with the accompanying paper, was re fei;red to the Committee on Appropriations, and ordered to be The PRESIDENT pro tempore presented a petition of the con pnnted. gregation of the First Methodist Episcopal Church of Dunkirk, INSULAR TARIFF COLLECTIONS. N. Y., praying for the enactment of legislation to prohibit the sale of intoxicating liquors in any post exchange, canteen, or trans Th~ P~ESIDENT pro tempore laid before the Senate a com port, or upon any premises used for military purposes by the mumcation. from the Sec~etary of War, ~ransmitting, in response United States; which was referred to the Committee an 1\1ilitary to a resolution of the 22d lnstant, the tariff schedules now in force Affafrs. and effect in Cuba, Puerto Rico, and the Philippine Islands to Mr. DAVIS presented a memorial of the Commercial Clnb of gether with statements showing the amount of revenues colle~ted St. Paul, Minn:, remonstrating against the enactment of legisla from tariff auties in Cuba from January 1, 1899, to January 31 tion to prevent the use of trade checks; which was referred to the 1~00, and in the Philippine LslancLs from date of military occupa~ Committee on the Judiciary. tion to December 31, 1899, etc. · He also presented a. petition of the Commercial Club of St. Paul, 3464 CONGRESSIONAL RECORD-SENATE. M.AlWH 29, ~
Minn., praying that an appropriation of $250,000 be made for the Mr. BATE, from the Committee on Military Affairs, to whom reclamation and settlement of arid lands; which was referred fo was referred the bill (S. 3303) authorizing the Secretary of War the Committee on Irrigation and Reclamation of Arid Lands. to provide condemned cannon and caITiages for ornamentation Mi·. FAIRBANKS presented a petition of Blinn Camp, No. 82, purposes in the national cemetery at Knoxville, Tenn., reported Sons of Veterans, of Terre Haute, Ind., praying for the enactment it without amendment, and submitted a report thereon. of legislation to improve the armament of the militia; which was Mr. HARRIS, from the Committee on Military Affairs; to whom referred to the Committee on Military Affairs. was referred the bill (S. 2053) to remove the charge of desertion He also presented petitions of M. O'Connor & Co., Severin & from the name of Joseph McGraw, reported it with an amend Co., Kothe, Wells & Bauer, J.C. Perry & Co., John L. Moore, C. ment, and submitted a report thereon. A. Schrader, Schnull & Co., and the Indianapolis Fancy Grocery Mr. DEBOE, from. the Committee on Pensions, to whom was Company, all of Indianapolis, in the State of Indiana, praying for referred the bill (H. R. 7594) granting a pension to Amelia Taylor, the reorganization of the consular service; which were referred reported it without amendment, and submitted a report thereon. to the Committee on Foreign Relations. Mr. McMILLAN, from the Committee on Commerce, to whom l\Ir. QUARLES presented a petition of 400 citizens of White were referred the following bills, reported them severally without water, Wis., remonstrating against the sale of intoxicating liquors amendment, and submitted reports thereon: in Army canteens; which was referred to the Committee on Mili A bill (H. R. 8128) to establish light and fog signal at Browns tary Affairs. Point, in Puget Sound; Mr. PERKINS presented a petition of the Board of Trade of A bill (S. 3639) authorizing the establishment of a light and fog Oakland, Cal.; praying for the establishment of a department of signal on the new breakwater, harbor of refuge, Delaware Bay; commerce and industries; which was ordered to lie on the table. and He also presented a petition of the Board of Trade of Los An A bill (S. 3530) to fix the compensation of surfmen employed in geles, Cal., praying for the passage of the bill to provide against the Life-Saving Service of the United States. nuisances; which was referred to the Committee on Interstate Mr. McMlLLAN, from the Committee on the District of Colum Commerce. bia, reported an amendment proposing to appropriate $100,000 for He also presented a petition of the Chamber of Commerce of San the purchase of 10 acres of land in the District of Columbia for a Francisco, Cal., praying that an appropriation be made to con municipal hospital, intended to be proposed to the District of tinue the work of the Philadelphia Commercial Museum; which Columbia appropriation bill, and moved that it be referred to the was referred to the Committee on Commerce. Committee on Appropriations and printed; which was agreed to. He also presented a petition of the Chamber of Commerce of San Mr. GALLINGER, from the Committee on Pensions, to whom Francisco, Cal., praying that certain relief be extended to the were referred the following bills, reported them severally without people of Alaska, etc.; which was referred to the Committee on amendment, and submitted reports thereon: Territories. A bill (H. R. 3.268) granting an increase of pension to James W. He also presented a petition of the health department of Oak Kessler; land, Cal., and a petition of the Merchants' Exchange of Oakland, A bill (H. R. 493) gran~ing a pension to Fanny M. Hays; Cal., praying for the enactment of legislation to prevent the adul A bill (H. R. 5209) granting an increase of pension to Samuel teration of foods, drugs, etc.; which were referred to the Com A. Greeley; mittee on Manufactures. A bill (H. R. 6304) granting an increase of pension to James J. Mr. K"YtE presented the memorial of 0. 0. Stokes and 76 other Lyons; citizens of Harding, S. Dak., and the memorial of John Hayes and A bill (H. R. 2397) granting a pension to Eliza S. Redfield; 150 other citizens of Fort Pierre, S. Dak., remonstrating against A bill (H. R. 3635) granting an increase of pension to Timothy the leasing of the public lands for grazing purposes; which were B. Eastman; referred to the Committee on Agriculture and Forestry. A bill (B. R. 3085) granting an increase of pension to William He also presented a petition of the Woman's Christian Temper Sheppard; . · · ance Union of Erwin, S. Dak., praying for the enactment of legis A bill (H. R. 2999) granting an increase of pension to George M. lation to prohibit the sale of intoxicating liquors in Army canteens Brown; and Government buildings, etc.; which was referred to the Com A bill (H. R. 5110) granting an increase of pension to Edward mittee on Military Affairs. T. Kennedy; He also presented a petition of Prairie Lodge, No. 170, Brother A bill (H. R. 4828) granting a pension to Susie E. Johnson; hood of Locomotive Firemen, of Huron, S. Dak., praying that all A bill (H. R. 2-!0) granting an increase of pension to George W. the remaining public lands be held for the benefit of the whole Wakefield; people, etc.; which was referred tothe Committee on Public Lands. A bill (H. R. 5211) gi·auting a pension to Lizzie M. Dixon; He also presented the petition of C. B. Thompson, and 31 other A bill (H. R. 3021) granting a pension to Eliza H. Gatchel; citizens of Alsen, S. Dak., praying for the enactment of legislation A bill (H. R. 8120) granting an increase of pension to David L. imposing a tax of 10 cents per pound on oleomargarine; which Wentworth; was referred to the Committee on Agriculture and Forestry. A bill (H. R. 6952) granting a pension to Carrie P. Dale; and He also presented a memorial of the Federation of Labor, of A bill (H. R. 457) granting a pension to Clara L. Harriman. Chicago, Ill., remonstrating against the enactment of legislation Mr. HAWLEY, from the Committee on Military Affairs, t<> to increase the tax on butterine; which was referred to the Com whom was referred the resolution submitted by Mr. ALLEN on mittee on Agriculture and Forestry. the 24th instant, calling on the Secretary o~ War. for certain in formation in regard to the soldiers, volunteer and regular, in the CLAIMS OF EASTERN CHEROKEES. Philippine Islands, the number who have been killed and died Mr. JONES of Arkansas. By request, I present a memorial of from wounds since August 1, 1898, etc., reported it with an the delegates representing the Cherokee Nation in the city of amendment. · Washington, remonstrating against the right of the executive CLERICAL ASSISTANCE FOR COMMITTEE ON PENSIONS. committee of the council of the Eastern Cherokees to make a claim for theimmediatepayment to the Eastern Cherokees of the money Mr. JONES of Arkansas, from the Committee to Audit and found due them, etc. I move that the memorial be printed as a Control the Contingent Expenses of the Senate, to whom was re document, and referred to the Committee on Indian Affairs. ferred the resolution submitted by Mr. GALLINGER on yesterday, The motion was agreed to. reported it without amendment; and it was considered by unani mous consent, and agi·eed to, as follows: COTTON INDUSTRY IN CHINA, Resolved, That the Committee on Pensions be authorized to employ addi tional clerical assistance in connection with the work of said committee, to Mr. NELSON. I present a statement from John Goodnow, continue until the close of the present session of Congress, provided t.hat the consul-general of the United States at Shanghai, on the cotton aggregate amount so expended shall not exceed $500, the same to be paid out industry in China. It is very short, and I move that it be printed of the contingent fund of the Senate, on vouchers approved by the chairman as a document. of said committee. The motion was agreed to. BILLS INTRODUCED. Mr. DA VIS introduced a bill (S. 3881) granting an increase of REPORTS OF COMMITTEES, pension to Henry D. Johnson; which was read twice by its title, Mr. BERRY, from the Committee on Commerce, to whom was and referred to the Committee on Pensions. referred the bill (H. R. 7939) to amend an act approved June 10, He also introduced a bill (8. 3882) for the relief of Mary E. 1880 governing the immediate tran portation of dutiable mer Parker; which was read twice by its title, and, with the accom chandise without appraisement, reported it without amendment. panying paper, referred to the Committee on the Judiciary. Mr. PETTUS, from the Committee on Military Affairs, to whom Mr. BATE introduced a bill (S. 3883) for the relief of the heirs W.9.S referred the bill (S. 773) to remove the charge of desertion of C. C. Moore, deceased; which was read twice by its title, and from Augustus C. Pettengill, submitted an adverse report thereon, referred to the Committee on Claims. which was agreed to; and the bill was postponed indefinitely. Mr. FORAKER introduced a bill (S. 3884) for the relief of the 1900. CONGRESSIONAL RECORD-· SENATE. 3465·
heirs and legal representatives of Edwin E. Saunders, deceased; Mr. FORAKER. I give notice that at the proper time I shall which was read twice by its title, and referred to the Committee propose the amendment which I send to the desk to the bill (H. R. on Claims. 8245) temporarily to provide revenues for the relief of the island He also introduced the following bills; which were severally of Puerto Rico, and for other purposes. I ask that the amend- read twice by their titles, and referred to the Committee on Pen ment may be printed and lie on the table. . sions: The PHESIDENT pro tempore. That order will be made, in A bill (S. 3885) granting an increase of pension to Henry Baker, the absence of objection. alias Thomas Jones; A bill (S. 3886) granting an increase of pension to Edward E. AMENDMENTS TO APPROPRI.ATIO~ BILLS, Curran; • Mr. PROCTOR submitted an amendment proposing to appro A bill (S. 3887) granting a pension to A. F. Shields; priate $500,000 to enable the Secretary of War to purchase the A bill (S. 3888) granting a pension to Charles F. Kimmel; letters patent covering the Isham high-explosive shell and the ex A bill (S. 3889) granting a pension to John Rhoades; and clusive and entire right for the United States to manufacture and A bill (S. 3890) granting an increase of pension to Americus V. use the high explosive ''thorite," intended to be proposed by him Rice. to the fortification appropriat:on bill; which was referred to the l\Ir. FORAKER introduced the following bills; which were Committee on Appropriations, and ordered to be printed. severally read twice by their titles, and referred to the Committee Mr. PLATT of New York submitted an amendment proposing on Military Affairs: to appropriate $40,000 to enable the Secretary of the lnteri01· to A bill (S. 3891) to correct the military record of James Ca cause to be assembled at the city of Buffalo, in the State of New hoon; York, representatives of different Indian tribes, as a part of the A bill (S. 3892) granting an honorable discharge to W. D. Pan-American Exposition, to be held at that city from June 1, Moore; 1900, to November 1, 1900, etc., intended to be proposed by him A bill (S. 3893) granting an honorable discharge to George W. to the Indian appropriation bill; which was refened to the Com Hendrixson, alias George Wright; mittee on Indian Affairs, and ordered to be printed. A bill (S. 3894) to remove the charge of desertion from the mili tary record of Hiram B. Bell; .ARMY SUPPLIES. A bill (S. 3895) to muster into the volunteer service of the Mr. BERRY. Mr. President, I desire to present an amendment United States John H. Clark; and which I intend to propose to the Army appropriation bill, and A bill (S. 3896) granting an honorable discharge to James A. inasmuch as I wish to call the special attention of the Military Smith, decea&ed. Committee to the amendment, I desire to make a very short state Mr. JONES of Arkansas introduced a bill (8. 3897) to author ment. ize the Chickasaw Nation of Indians to bring suit against the Under the present law, section 3716 of the Revised Statutes, the Chickasaw freedmen and the United States in the Court of Claims, Quartermaster-General in obtaining supplies for the military and for other purposes; which was read twice by its title, and re service is required to give preference to articles of American ferred to the Committee on Indian Affairs. growth, production, and manufacture. I do not wish to change Mr. KENNEY introduced the following bills; which were sev that in any way, but I wish to amend the provision by providing erally read twice by their titles, and referred to the Committee on that as between merchants, manufacturers, and producers prefer Pensions: ence in those purchases shall be given to those merchants, manu A bill (S. 3898) to pension certain soldiers who served in the facturers, and producers who are not members of any trust or war of the rebellion; • combine. A bill (S. 3899) granting a pension to James Gook; and I move that the amendment be printed and referred to the Com A bill (8. 3900) granting a pension to Sarah Clark. · mittee on Military Affairs. Mr. QUARLES introduced a bill (S. 3901) providing for allot The motion was agreed to. ments of lands in severalty to the Indians of the La Pointe or Bad · River Reservation, in the State of Wisconsin; which was read INFORMATION AS TO SICK AND WOUNDED SOLDIERS. twice by its title, and referred to the Committee on Indian Affafrs. Mr. CULBERSON submitted the following concurrent resolu Mr. MARTIN introduced a bill (S. 3902) to remove the charge tion; which was considered by unanimous consent, and agreed to: of desertion against Michael Hayes; which was read twice ·by its Resolved by the Senate (the House of Representatives concu1-ring), That upon title, and referred to the Committee on Military Affairs. receipt of information by them that any officer, soldier, marine, or seaman Mr. MORGAN introduced the following bills; which were sev in the Army or Navy of the United States has been wounded, the Secret.ary of War or the Secretary of the Navy, as the case may be, shall, from time to erally read twice by their titles, and referred to the Committee on time, at the expense of the United States, keep the family of such officer, Claims; soldier, marine, or seaman seasonably advised of his condition. A bill (S. 3903) for the relief of William Fowler, administrator de bonis non of Hickman Fowler, deceased; FINDINGS OF COURT OF INQUIRY. A bill (S. 3904) for the relief of the estate of Elisha B. Clapp, Mr. JONES of Arkansas. I present the resolution which I send deceased; • - to the desk, and ask unanimous consent for its immediate consid A bill (S. 3905) for the relief of Mrs. S. F. Prestridge; eration. A bill (S. 3906) for the relief of the estate of Presley W. Harden, The PRESIPENT pro tempore. The resolution will be read. deceased: The Secretary read as follows: A bill (S. 3907) for the relief of Mary N. Westmoreland; Resolved, That the Secretary of War be, and he is hereby, directed io senf A bill (S. 3908) for the relief of Alfred 0. Williamson; and to the Senate a copy of the mmutes, proceedin~s, and findings of the court A bill (S. 3909) for the relief of Matthew N. Grimmett. of inquiry pursuant to the President's instructions of February 20, 1899, to gether with the final report of said court of inquiry and the action taken Mr. KYLE introduced a bill (S. 3910) to correct the military thereon. record of Samuel J. Coyne; which was read twice by its title, and referred to the Committee on Military Affairs. The PRESIDENT pro tempore. Is there objection to the pres He also (by request) introduced a bill (S. 3911) to provide for ent consideration of the resolution? restoring to national jurisdiction a part of that portion of the Mr. PROCTOR. As the chairman of the Committee on Mili original District of Columbia which lies · south of the Potomac tary Affairs is absent for the moment, I ask that that resolution River for founding a city to be called the city of Lincoln, and for may lie over until to-mor1·ow, and be printed. establishing an institution of learning to be known as Washing The PRESIDENT pro tempore. Objection being made, the res ton and Lincoln Memorial University; which was read twice by olution will go over and be printed. its title, and referred to the Committee on Education and Labor. DIPLOMATIC A.ND CONSUL.AR .APPROPRIATION BILL, Mr. JONES of Arkansas introduced a bill (S. 3912) for the re lief of Mrs. Mary E. Parker; which was read twice by its title, and Mr. HALE submitted the following report: referred to the Committee on the Judiciary. The committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate totbe bill (H. R. 7941) making appropria .AMENDMENTS TO PUERTO RICAN BILL. • tions for the diplomatic and consular service for the fiscal year ending June 30, 1901, having met, after full and free conference have agreed to recommend Mr. PETTUS. I desire to present some amendments to the bill and do recommend to their respective Houses as follows: R. 8245) That the Senate recede from its amendments numbered 19, 20, 21,2'Z, 26,28, (H. temporarily to provide revenues for the relief of the 29, 30, 35, 36, ~ 41, 49, 53, 54, 57, 63, 66, and 68. island of Puerto Rico, and for other purposes, and ask to have That the .tlonse recede from its diEagreement to the amendments of the them printed and lie on the table, if that will be sufficient notice Senate numbered l,2,3,4,5,6, 7,8, 9, 10, 11, 12, 14, 15, 16, 17,23, 27,31,32,33, 3!,37,39, 40,42,43, H, 45,46,47, 48,50,51, 52,55, 58,59, 60, 61,62, 64, 65, 67,69, 70, 71, 72, 78, 74, 75, under the general-consent agreement. and 76, and agree to the sii.me. The PRESIDENT pro tempore. The amendments will be re That the House recede from its disagreement to the amendment of the ceived, printed, and lie on the table. Senate numbered 13, and agree t-0 the same with a!l amendment. as follows: Strike out the last sum named in the amended paragraph and insert in lieu Mr. PETTUS. And that will operate as notice? thereof the following: "$4.800;" and the Senate agree to the same. Tb e PRESIDENT pro tempore. The Chair so understands. That the House recede from its disagreement to the amendment of the
... 34.66 CONGRESSIONAL RECORD-SENATE. MARCH 29,
Senate numbered 18, nnd agree to the same with a.n amendment as follows: porarily to provide revenues for the relief of the island of Puerto Strike out the word "Ottawa," inserted by said Rmendment, and strike out Une 19 and 20 on page 11 of the bill. and insert in lieu thereof the following: Rico, and for other purposes. ''Consuls-general at Halifax, Ottawa, and Vienna, at S3,500 each, $10,500;" Mr. PROCTOR. I desire to say that I have surrendered my and the Senate agree to the same. place, according to the notice I gave that I would speak to-day on That the House recede from its disagreement to the amendment of the Senate numbered 24, and agree to the same with an amendment, asJollows: the unfinished business, to the Senator from Indiana (Mr. BEVER·. In lieu of the sum proposed insert " lH,500;" and the Senate agree to the IDGE], as he is called out of town by sickness in h1s family. I same. now give notice that I shall speak to-morrow, with the leave of '.i'hat the House recede from its disagreement to the amendment of the Senate number.ad 25, and agree to the same with an amendment, as follows: the Senate, immediately after the conclusion of the routine morn In lieu of the sum proposed insert "$446,000;" o.nd the Senate agree to the ing business. same. · 1\Ir. FORAqR. I understand that the Senator from Indiana Tha.t the Rouse recede from its di~agreement to the amendment of the Senate numbered 56, and agree to the same with an amendment., as follows: rMr. BEVERIDGE] desires now to address the Senate on this bill. In lieu of the matter stricken out by raid amendment, insert the following: 1 ask the Senator whether he has an amendment that he proposes ''Port Hope (Canada), Orillia (Ontario);" and the Senate ugree to the same. to offer at this time? The reason I make the inquiry is that we EUGENE HALE, are now considering amendments, and it is the right, I think, under S. M. CULLOM, Managers on the part of the Senate. the rules of the Senate, of the committee to have their amend I ROBERT R. HITT, ments fu'st ._...... -... -...... • r-.... -. - ..... • -..., .. -...... - 1900. CONGRESSIONAL RECORD-SENATE. 3467 on yesterday I asked leave to reprint the bill with a. rearrange The PRESIDING OFFICER. The Senator from Alabama men t of the sections and showing the amendments as they would [Mr. MORGAN] has the floor. be v..-oposed by the committee. That reprint is on each Senator's Mr. MORGAN. We shall never reach a result with this method desK. There are a number of amendments which are of a minor of proceeding with the bill. The committee have had opportu character whicli. I presume, will not be much discussed, if dis nity after opportunity to p1·esent a bill here for the consideration cussed at all. I will first call attention to those. The first amend of the Senate; here is the last reprint of it, and that is supposed ment is on page 2 of the reprint, in line 3. to be the bill of the committee. That being so. it is open to The PRESIDING OFFICER (Mr. CHANDLER in the chair). amendment from end to end on the motion of any Senator on this The first amendment proposed by the committee will be stated. floor, and I do not know of any privilege which a committee has The SECRETARY. In section l, on page 2, line 3, after the word got of coming in and picking up the amendments which it has uwhich," it is proposed to strike out ''was,, and insert cc were;" proposed to its own bill, and suggesting that they should be gone so as to read: ' which were ceded to tb:e United States by the over and over again by a vote of the Senate. I do not know of any Government of Spain by treaty," etc. such thing. I think, under the rule that is applicable to all legis The amendment was a1?reed to. lation, this bill is now before the Senate and op~n to amendment. Mr. FORAKER. I now propose to amend by striking ont, after The question whether the committee have a priority of privilege the word " treaty," in line 4, on page 2, the words " concluded here in offering amendments is one which may be disputed. ls April 11;" and in8erting in lieu thereof "entered into on the 10th there unanimous consent that such a course shall be pursued? day of December;" so as to read: That is what I wish to ascertain. Mr. FORAKER. It was unanimous consent that I asked for; By treaty entered into on the loth day of December. but if there is any objection-- The amendment was agreed to. Mr. MORGAN. No; I shall not make any objection to unani The PRESIDING OFFICER. With the permission of the Sen mous consent. I just want to know what it is. Is there unani ator from Ohio, the Secretary will read the proposed amendments mous consent that the committee shall have priority in offering in their order as they appear in the reprinted bill. amendments to this bill? The Secr-etary read the next amendment reported by the Com Mr. FORAKER. Yes, sir. mittee on Pacific Islands and Puerto Rico, which was, in line 6, to The PRESIDING OFFICER. The Chair undm:stands that change the date " 1899" to "1898;" so as to read: there was an agreement that the amendments reported by the committee should be first considered. Which were ceded to the United States by the Government of Spain by eaty entered into on tlm 10th day of December, 1898. Mr. MORGAN. Now, I insist that the committee, therefore, shall take up their amendments, as they are reported on this biU, The PRESIDING OFFICER. The amendment will be agreed seriatim,· beginning with the first and going on through to the to. ii there be no objection. end, and not skip about and waive consideration of some to suit Mr. PETTUS. Wait one moment, Mr. President. I want to the convenience of Senators. Let Senators attend here. Some of know what is going on. us have to attend in order to keep this machine in motion. · Let Mr. FORAKER. I can explain to the Senator from Alabama them attend here or be responsible for the results if they do not do that, as this bill was originally drafted, it referred to the treaty so. I insist that we commence with the first amendment of the between the United States and Spain, as "concluded April 11, committee and go through regularly. · 1899," and we are. changing it so as to read "entered into on the The PRESIDING OFFICER. That order will be followed, 10th day of December, 1 98." unless otherwise directed. . The PRESIDING OFFICER. The question is on the adoption Mr. FORAKER. I have no objection to that or4er. In what of the amendment. I was doing I was trying to accommodate Senators who would Mr. PETTUS. The Senator from Ohio has changed these things probably dislike to be called from the restaurant when they are so of ten that it is almost impossible. to follow him. I desire to at luncheon, and quite a number of them are there now, I under know what he is doing as he goes along. [Laughter.] stand. But if there is objection to what I have suggested, I am Mr. FORAKER. I will take ~pleasure in helping the Senator willing to proceed with the amendments in order. to find out if he has any difficulty in doing so. Mr. BACON. I want to suggest- The PRESIDING OFFICER. The question is on the adoption The PRESIDING OFFICER. The Senator will allow the Chair of the amendment; which has been stated. to state- The amendment was agreed to. ~ .Mr. BACON. It is not to the amendment that I propose to ad Mr. FORAKER. Inasmuch as the amendments immecli.ately dress myself. following, I have no doubt. will bediscussed more or less, I ask to The PRESIDING OFFICER. The Senator will let the question have them passed over for the present. before the Senate be stated, and then he will be recognized as in Mr. PETTUS. Why not take them up as they come? order. The Secretary will state the pending amendment. Mr. FORAKER. I have no objection, except that there are a The SECRETARY. In section 1, on page 2, line 6, after the word good many Senators out just now who were here listening to the ''name," it is proposed to strike out ''Puerto Rico" and insert speech of the Senator from Indiana [Mr. BEVERIDGE]. Theyhave '' Por·to Rico." gone to get their luncheon I suppose, and if I could accommodate The PRESIDING OFFICER. The question is on the adoption them by taking up some of the minor matters, about which they of the amendment. The Chafr now recognizes the Senator from did not very much care. I thought that would be preferable. Gecrrgia [Mr. BAcoNl. . The PRESIDING OFFICER. The amendments specified by the Mr. FORAKER. }fr. President, it wasobjected by the Senator Senator from Ohio will be passed over unless there be objection. from Alabama [Mr. MORGAN J that we should proceed irregularly, Will the Senator please specify what amendments he desires to and I announced that; I withdrew that request and would go back have passed over? . and take up the amendments for consideration in the order in · Mr. FORAKER. I desire to have passed over all amendments, which they occur in this reprint. The first amendment, therefore, with a view of returning to them presently, until we come to will be the amendment proposed by the committee to section 2, page 6 of the reprint. on page 2, indicated by the italics. The PRESIDING OFFICER. The Secretary will read the The PRESIDING OFFICER. That amendment will be stated. amendment of the committee on page 6. Mr. BACON. I want to submit a lmggestion to the Senator The SECRETARY. In section 6, on page 6, line 2, after the word from Alabama, with the permission of the Chair, and that iS that "citizens," it iB proposed to insert "of. Puerto Rico, and as such this is a bill certainly of the greatest importance, and Senators entitled to the protection." ought to be present when it is being considered. There are certain Mr. MORGAN. What is it proposed to do there? formal matters, to which nobody would object, that might be Mr. BACON. I shall certainly object to that amendment; and acted upon; and so I hope the Senator will not insist upon our if the Senator wants to pass over those amendments which are :proceeding in order. I think the suggestion is an admirable one \ objected to, he will have to skip that one. as to the general course in which this matter shall be considered; Mr. FORA.KER. I will pass over that and others of a kindred but ·the amendment which is to be immediately considered now nature, if there be no objection. There iB another amendment, in ought to be considered by a full Senate, and, as the Senator knows, line 19, of a formal nature which might be acted upon. a large number of Senators are now taking their usual luncheon. The PRESIDING OFFICER. Perhaps the Senator from Ohio It might be well that action upon important amendments should had better specify the amendments which he will ask to have be postponed until Senators shall have completed that important . acted upon. work. Mr. FORAKER. I suppose the Secretary has before him the Mr. .MORGAN. I am as hungry as any of them, but I have not reprint of the bill, showing the amendment in line 19, on page 6, the opportunity of taking my lunch without deserting my post of inserting the word" statutory" before the word "laws." duty at a moment when it iB very important that Senators should Mr. BAG'ON. I object to that amendment. remain in the Chamber. Mr. MORGAN. This method of proceeding-- The rule of the Senate is that when bills have been read they Mr. FORAKER. Mr. President, I ask that we may go back-- shall be taken up by sections for amendment, and that is what I A ~ 3468 CONGRESSIONAL RECORD-SENATE. MAR.OH 29, insist on. If the amendments are immaterial, then of course they defects. I am quite sure the desire of the Senator from Alabama. will not be discussed, but if they are material, we will give the is similar to my own, that there shall be a bill passed here which gentlemen who are absent from the Chamber an opportunity to shall accord to the people of Puerto Rico the enjoyment of the get in here and discuss them. same tariff laws that we enjoy in the other portions of the United The PRESIDING OFFICER. The Secretary will again state States, and if so, not only that particular part of the section, but the pending amendment. the entire section, ought to be stricken out; and there should be The SECRETARY. In section 1, on page 2, line 6, after the word in lieu thereof inserted such a section as that which I have pro " name," it is proposed to strike out" Puerto" and insert" Porto;" posed in my amendment. Of course that is simply a suggestion. so as to read "Porto Rico." If the purpose is to remove from the bill the distinctive features Mr. FORAKER. No; that amendment on page 2 I withdrew, which seek to establish one law for Puerto Rico different from the but the amendment I now propose is the amendment indicated on law that exists in the remainder of the United States, then simply page 2, at the end of section 2, to insert a proviso. the striking out of the provision does not accomplish that result, · The PRESIDING OFFICER. Is the amendment which has but the entire section will have to be stricken out to accomplish it. been read by the Secretary withdrawn? The PRESIDING OFFICER. The question is on the amend- Mr. FORAKER. I withdrew it temporarily, because it was ment of the Senator from Alabama [Mr. PETTUS] to the amend- objected to. . ment of the committee. The PRESIDING OFFICER. The Chairdidnotso understand. Mr. PETTUS. Mr. President, I appreciate what has been said The next amendment will be stated. by the Senator from Georgia [Mr. BACON], but I want a distinct Mr. MORGAN. That amendment is not withdrawn because it vote on the distinct proposition that you can tax by duties mer- is objected to. cbandise imported into Puerto Rico which is not taxed if im- Mr. FORAKER. I withdrew it upon the Senator's objection. ported into this part of the United States or any other part of it. Mr. MORGAN. I did not object to that. Thfa bill levies a specific tax of 5 cents a pound on coffee imported Mr. FORAKER. The Senator objected not to the amendment, into Puerto Rico. We have no tariff now in the United States on but to our proceeding irregularly so that I might accommodate coffee imported into the United States, and therefore I want a dis Senators who had been detained here to hear the speech of the tinct vote on this distinct matter. Senator from Indiana [Mr. BEVERIDGE] and who are now tempo· The other provisions, if they are objectionable, may go out with rarily absent. I was asking the Senate to pass on matters that I the Senator's amendment to strike the whole section out, but I did not think there would be any particular debate about before want a vote on the idea that you can not put a tax on goods im· we got to the real matters in controversy. ported into Puerto Rico when you do not tax the same goods im- Mr. MORGAN. That is all right. Now, let us begin with the ported into the United States. first section and let us go on regularly and in order. · Mr. GALLINGER. Mr. President-- Mr. FORAKER. We have gone back to the first section, the Mr. BACON. I will state to the Senator that the amend- one the Senator first objected to, and I announced that I would ment-- withdraw the amendment. That perhaps was irregular and may The PRESIDING OFFICER. The Senator from New Hamp- have confused Senators who were not familiar with the text of the shire is recognized. bill proposed to be stricken out. Mr. GALLINGER. I yield to the Senator from Georgia. The PR.ESIDING OFFICER. The first amendment in section Mr. BACON. I will state to the Senator that the amendment 2, on page 2, will be stated. . which I propose to insert in lieu of the one which I propose to The SECRETARY. In section 2, on page 2, line 15, after the word strike out does distinctly state that fa.ct, and in the conclusion of "countries," it is proposed to insert: the amendment there is this language: Provided, That on all coffee in the bean or ground imported into Puerto . There shall be no duties or imposts levied, collected, or :paid upon a.ny arti Rico there shall be levied and collected a duty of 5 cents per pound, any cles imported into Puerto Rico from any part of the United States, and no law or part of la.w to the contrary notwithstanding: And provided further, dutiesorimposts shall be levied, collected, or paid upon any articles imported That all Spanish scientific, literary, and artistic works, not subversive of into any part of the United States from Puerto Rico. public order in Puerto Rico, shall be admitted free of duty into Puerto Rico for a p"riod. of ten years, reckonin~ from the lith day of April.1899, as pro- Mr. GALLINGER. Mr. President, I will not undertake as a vided in said treaty of peace between the United States and Spain: And pro- l t th' h d" d t't ti l t' d videdfurthet-, That all booksand pamphlets printed in theEnglishlanguage ayman ° argue 18 muc iscusse cons 1 u ona qnes ion, an shall be admitted into Puerto Rico free of duty when imported from the yet it occurs to me that inasmuch as we have a constitutional United States. . right to levy a duty upon coffee coming into the United States,' The PRESIDING OFFICER, The question is on the adoption which we do net do, that same constitutional right would enable of the amendment. us to levy a duty upon coffee goin!? into Puerto Rico. Mr. PETTUS. Mr. President, I offered an amendment this But what I do want to say, Mr. President, is that this proposed morning to amend the amendment by striking out the words fol- amendment of the committee is one of the beneficent features of lowing "Provided." this bill so far as the Puerto Ricans themselves are concerned. Mr. JONES of Arkansas. In what line? I tl'Ust the great newspapers of the country, some of which are Mr. PETTUS. Commencing in line 15, on page 2, section 2: indulging in misrepresentations as to the purpose of the Senate in That on all coffee in the bean or ground imported into Puerto Rico there this resolution, will take note of the fact that under the Spanish shall be levied and collected a duty of 5 cents per pound, any law or part of regime a duty was imposed upon coffee imported into Puerto law to the contrary notwithstanding. Rico. The reason of it was that they raise in Puerto Rico a very The PRESIDING OFFICER. The Chair will inquire of the superior quality of coffee; perhaps the best coffee raised in the Senator from Alabama if he calls for a division of the commit- world. The Puerto Ricans themselves have asked us to protect tee's amendment? them in this matter so that the cheap grades of coffee from other Mr. PETTUS. No; I call for action on my own amendment to countries and islands may not be sent into Puerto Rico and the amendment of the committee. blended with their superior coffee and sold as Puerto Rican coffee, The PRESIDING OFFICER. To strike out the portion which bringing their coffee into disrepute in the markets of the world. the Senator has read? It is a protection to the Puerto Ricans themselves-a protection Mr. PETTUS. Yes, sir. that they have asked us to give them; and I trust that the motion The PRESIDING OFF!CER. The question is on the amend- to strike this provision from the bill will not prevail. ment proposed by the Senator from Alabama to the amendment Mr. FORAKER. Mr. President, I wish to say a word about reported by the committee, to strike out the first proviso. this matter before it is put to a vote. I recognize, as bas been Mr. BACON. Mr. President, I desire to call attention to the suggested by the Senator from Alabama fMr. PETTUsl, who pro fact that I have bad pending for some days an amendment, which poses this amendment to the amendment, that this does raise a was to strike out this entire section and insert in lieu thereof a very important question. It is an important question in a con section which would practically apply to Puerto Rico the same stitutional sense, and it is an important question in a practical tariff laws that are enforced in theremainder of the United States. sense, for it is true, as the Senator from New Hampshire [Mr. Mr. GALLING.ER. If the Senator will permit me, I helieve GALLINGER] has just said, that this legislation is necessary to the usual custom is to perfect the committee amendment; and protect the principal industry in the island of Puerto Rico, and if then for a Senator to move a substitute. we have not constitutional power to do that it will certainly be a Mr. BACON. I understand that is the parliamentary rule. Of very unfortunate thing for the Puerto Ricans. course the section has to be perfected before a motion to strike They have always had a tariff duty on coffee imported into . out can be entertained. My object in now·calling attention to it Puerto Rico, for the p1·otection of the Puerto Rican coffee, and was to suggest to the Senator from Alabama that the purpose be that for the reason that the coffee raised in Puerto Rico, as the has in view would be better covered by a motion to strike out SE;11ator from New Hampshire said, is of very superior quality. entirely than by a motion simply to perfect the text. There is, perhaps, no better coffee grown in all the world than I want to call attention, if the Senator will pardon me a mo- they grow in Puerto Rico. It is not very familiarly known in this ment, to the fact that there are radical objections not only to that country. Its markets heretofore have been in Europe, and there it feature of this section, but to other features of it; and that simply commands the highest price, a better price than even Java or the striking out of the objectionable provision mentioned by the Mocha coffee. amendment of the Senator from Alabama will not cure all of the Mr. SULLIVAN. What is the present tariff? 1900. CONGRESSIONAL RECORD-SENATE. 3469. Mr. FORAKER. The tariff now on the importation of coffee Mr. PETTUS (when his name was called). I have a general into Puerto Rico is $12 per hundred kilos, which is, I understand, pair with the senior Senato~ from Massachusetts f.M:r. HOAR], but about 6 cents a pound. The tariff here proposed is less than the by an arrangement that pair has been transferred, and that gives tariff that is now in force. That tariff is necessary because in me liberty to vote. Central Americ3 and in South America, particularly in Brazil, .Mr. LODGE. My colleague, the Senator from Massachusetts they raise cheap and inferior grades of coffee that sell for a much [Mr. HoA.R]~ who is detained from the Senate by circumstances leas price in the coffee markets of the world, and without a tariff 1.""D.own to Senators, is paired with the Senator from Louisiana that industry, which is now in a condition of prostration on ac fMr. McEKERY], and that leaves the Senator from Alabama free count of the hurricane and the general poverty prevailing there, to vote. would be ruined. Mr. PETTUS. I vote ''yea." . As those interested in the indu~try said, if they did not barn Mr. PROCTOR (when his name was called). I am paired with this protection not only will the industry te thus prejudiced by the senior Senator from Florida [Mr. MALLORY]. cheaper coffees coming into Puerto Rico, but another injury will l\Ir. SCOTT (when his name was called). I have a general pair be done that can not very well be estimated, for it is anticipated with the junior Senator from Florida [Mr. TALIAFERRO]. that if these cheap coffees could be brought in there they would Mr. SULLIVAN (when his name was called). I have a general be blended with the superior quality of coffee grown in Puerto pair with the junior Senator from Illinois [Mr. MASON]. As he Rico and sent out to the world in such way as to destroy the has not voted, I withhold my vote. good name which Puerto Rican coffee now enjoys wherever it is Mr. WARREN (when ·his name was called). I am paired with known in the markets of the world, just as Puerto Rican tobacco, the senior Senator from Washington [Mr. TURNER]. when there was free ti·ade between Pmsrto Rico and Cuba, was l\1r. WELLINGTON (when his name was called). I have a sent into Cuba, and from there sent elsewhere to other markets general pair with the junior Senator from North Carolina [Mr. of the world as Cuban tobacco in order that for the inferior qual BUTLER]. As he is absent, I withhold my vote. ity of tobacco grown in Puerto Rico they might get the better The roll call was concluded. price which Cuban tobacco, because of its recognized superior Mr. CULLOM (after having voted in the negative). I am .,. quality, always commanded. . paired with the junior Senator from Virginia [Mr. MARTIN]. As Those who drafted and reported this bill and who are responsi he has not voted, I will withdraw my vote. ·ble for this amendment have no question but that we have the Mr. ALLISON. On this question I am paired with the senior .. constitutional power in legislating for Puerto Rico to make the Senator from Missouri [Mr. COCKRELL]. lf he were present, I · . ' importation of-coffee into that island subject to a tariff duty, al should vote "nay." · though under our tariff laws imports of coffee into the United Mr. KENNEY. I have a general pair with the Senator from States will be without any duty. Pennsylvania [Mr. PENROSE]. I understand the Senator from ,, ..... Now, Mr. President, a word as to the other propositions in that North Dakota rMr. HANSBROUGII] has a pair with the Senator proviso. from Virginia [Mr. DANIEL]. I suggest to him that we transfer Mr. PETTUS. Thet is not embraced in the pending amend our pairs and vote. · ment. l\fr. HA.NSBROUGH. That is agreeable, I will say to the Sen- .Mr. FORAKER. It is true they are not embraced in this ques ator from Delaware. tion, and I will take occasion to speak of them, if the Senator Mr. KENNEY. I vote "yea." prefers, after the amendment of the Senator from Alabama is dis Mr. HANSBROUGH. I vote "nay." posed of. Mr. McBRIDE. I have a general p.air with the senior Senator ··a. The PRESIDENT pro tempore. The question is on the amend from Mississippi [Mr. MONEY]. I will transfer that pair to my col- ment of the Senator from Alabama to the amendment of the league [Mr. SrnoN] and vote. I vote ''nay." · committee. _ Mr. WAH.REN. · I ask if the Senator from Rhode Island [Mr. · .; ~ .. l\1r. PETTUS. Mr. President, if you have. a right to iµipose a ALDRICH] has been paired? • · · · ·" tax with a freehand, as insisted by the Senator from Indiana; or, The PRESIDENT pro tempore. No announcement has been ...... in other words, if you have a right to use a free hand to mutilate made of a pair with that Senator. ,. ...• the Constitution of the United States; then you can pass this bill; Mr. WARREN. It has been suggested to me, and unless there ~. but if the Constitution of the United States means anything when is objection I will act upon it, that I transfer my pair so that th~ it says taxes and duties shall be uniform, then you have no such Senator from Rhode [sland [Mr. ALDRICH] will stand paired with right. So the question is directly as to the power of Congress to the Senator from Washington [Mr. TURNER]. I vote "nay." levy a tax of 5 cents a pound on coffee coming into Puerto Rico, Mr. HANNA. I have a general pair with the Senator from while it lets all coffee come into the United States free of duty. Utah [Mr. RAWLINS]. I will transfer that pair to the Senator If the Senator from California [Mr. PERKINS] were here, I would from Colorado [Mr. WOLCOTT] and vote. I vote "nay." ask why not put a duty of 100 per cent on fruits coming into Mr. PETTUS. I desire to state that a pair was announced yes California? Why not? You have the same power to do it, sir, terday-with the Senator from Rhode Island [Mr. ALDRICH]. that you have to levy any tax on coffee coming into Puerto Rico. Mr. BURROWS (after having voted in the negative). I voted, Mr. FORAKER. 1'he suggestion of the Senator from Alabama and I am paired with the Eenior Senator from Louisiana [Mr. is not hard to answer, and in the absence from the Chamber of the CAFFERY]. I ask the Senator from South Carolina [Mr. MC Senator from California, I will undertake to make answer to it, LAURIN), if it is agreeable to him, as he is paired with the Sena and answer it in a word. tor from North Carolina [Mr. PRITCHARD], to transfer his pair so The difference between Puerto Rico and California is that Cali as to allow us both to vote? fornia is a part of the United States, while Puerto Rico is not. Mr. McLAURIN. That arrangement will be agreeable to me. Puerto Rico is an outlying dependency, a possession belonging to Mr. BURROWS. Then I will let my vote stand. the United States, with respect to which Congress has power to Mr. PETTUS. The senior Senator_ from New Jersey [Mr. make all needful rules and regulations, whereas California is in SEWELL] is paired with the senior Senator from Louisiana, and the Union, and the Constitution of the United States is the or the Senator from New Jersey has voted. ganic law as to California, as it is as to all the other States in the Mr. BURROWS. I do not see how. I am permanently paired Union, but not so as to this island. I ask for a vote on the amend with him, and I protected him yesterday. . ment to the amendment. Mr. PETTUS. It was done by an arrangement with the junior . The PRESIDENT pro tempore. Will the Senate agree to the Senator from Massachusetts [Mr. LODGE]. He made the sugges- amendment of the Senator from Alabama [Mr. PETTUS] to the ~a - amendment of the committee? Mr. SEWELL. I have no definite knowledge of such a pair. Mr. PETTUS. I ask for a vote by yeas and nays. Mr. LODGE. The Senator from Louisiana [Mr. MCENERY] is _, The yeas and nays were ordered, and the Secretary proceeded to paired with my colleague [Mr. HOAR]. . call the roll. . . Mr. BURROWS. I am talking about the senior Senator from Mr. DAVIS (when his name was called). I am paired with the Louisiana. Senator from Texas fMr. CHILTON]. Mr. LODGE. The Senator from Louisiana [Mr. MCENERY] is Mr. HANSBROUGH (when his name was called). I am paired the junior Senator. . with the senior Senator from Virginia [Mr. DANIEL], and I with· Mr. PETTUS. I beg pardon, sir. hold my vote for the present. Mr. BURROWS. Th~n I will let my vote stand, and the Se~- Mr. JONES of Arkansas (when his name was called). I am ator from South Carolina can vote. . paired with the Senator from Connecticut [Mr. PLATT]. If he .Mr. McLAURIN. I vote" yea." . . were present, I should vote "yea." Mr. SULLIVAN. I announced a momen.t ago that I was '..,,, < Mr. McLAURIN (when his name was called). I am paired pafred with the junior Senator from Illinois [Mr. MASON]. I .. with the senior Senator from North Carolina [Mr. PRITCHARD]. find that after the announcement of the Senator from Ohio [Mr:. If he were present, I should vote "yea." HANNA] I can transfer my pair to the Senator from Utah [Mr; Mr. NELSON (when bis name was called). I am paired with RAWLINSl and in that way vote. I vote "vea." the junior Senator from Missouri [Mr.VEST] and withhold my vote. Mr. JONES of Arkansas. I believe no pair has been announced . .··:. .. • I . - \ . ,.. ; , ~ .. ' ·... ..~. ·., 7 ...... "" ' .... ~ . . .. 0 ...... ·- . ""' .. ··.J I { I . .' ... .- .... ·, I •' ·.J.- ...... -.... ' .. . 1. ·~.:- . • .. •, I "'.t >t ·.·. i_- • 3470 CONGRESSIONAL RECORD-SENATE.· MARCH 29, with the Senator from South Dakota [.Mr. PETTIGREW], and I collecting a duty upon goods going from the United States to will transfer my pa.ir with the Senat\>r from Connecticut [Mr. Pu0 rto Rico. PLATT] to the Senator from South Dakota [Mr. PETTIGREW] and Now, the effect of the amendment which I propose is to strike vote. I vote ' yea." out those provis:ons; to annul them, and to apply the Dingley Act Mr.SULLIVAN (after having voted in the affirmative). Be to Puerto Rico in the same-way it applies to an other parts of the fore the announcement of the vote, I understand that there has United States. In other words, the proposed amendment oays been a previous arrangement with the Senato1· from Utah [Mr. that on and after the '{Jassa.ge of this act by which civil govern :!°tAWLL.~s] and therefore I withdraw my vote. ment will be organized in Puarto Rico- The result was announced-yeas 14, nays 32; as follows: There shall be levied. collected. and paid upon all articles imported from foreign countrieR into Puerto Rico, which is hereby constituted a customs YEAS-14. collection. district, the rates of duty mentioned and prescribed in the sched Ba.con, Culberson, Kenney, Pettus, ules and paragraphs of an act entitled ".An act to ~rovide revenue for the Bate, Harris, Lindsay, Turley. Government and to encourage the industries of the United State3 "- Berry, Heitfeld, McLaurin, Olay, Jones, Ark. Morgan, Which is the Dingley Act NA.YS-32. a])proved July 24, 1897. Baker, Foraker, Hawley, Platt,N. Y. That is one provision, that that rate of duty shall be collected in Bard, Foster, Kean, Quarles, fuerto Rico upon all goods imported into Puerto Rico from any '• Burrows, ~r¥.~· Kyle, Ross, foreign country. The other provision of the amendment is this- Carter, Hal.linger, Lodge, Sewell, Clark, Wyo. Gear, Mclfride, Shoup, .And on and after the date when this act hall tn.ke effect, organizin~ and es Deboe, Hale. Mc Comas, §pooner, tablishing civil government in Puerto Rfoo, there shall be no duties or rmposts Elk:in.s, Ha.~ McM.ill.an, Warren, levied, collected, or paid upon any articles imported into Puerto Rico from Fairbanks, 'Hansbrough, Perkins, Wetmore. any p:ll't of the United States. and no duties or imposts shall be levied, col· lected. or paid upon any articles imported into any part of the United States NOT VOTING-41. from Puerto Rico. Aldrich, Daniel, Nelson, Taliaferro, Allen, Davis, Penrose. Teller, I will say, Mr. President, there is the clear issue made. The Allison, Depew, Pettigrew, Thurston, bill, with the amendments proposed by the committee as found in Beveridge, Hoar, Platt. Gonn. Tillman, Butler, Jones, Nev. Pritchard, Turner, sections 2 and 3, proposes definitely and distinctly that there shall Oaffery, Mccumber, Proctor, Vest, be certain duties levied and collected upon articles coming from · ; Chandler, McEnery, Rawlins, Wellington, Puerto Rico to the United State , and with equal definiteness and • Chilton. -Mallory, Scott. Wolcott. distinctness provides that there shall he certain duties collected .. Clark, Mont. Martin, i:>imon, Cockrell, Mason, Stewart, upon articles going from the Uniteu States into Puerto Rico. CUllom,1 Money, Sullivan, That i.3 the bill as proposed to be amended by the committee and So Mr. PETTUS s amendment to the amendment of the committee as found in secti<>ns 2 and 3. The amendment which I submit was rejected. proposes to strike all of that out, and to insert in lien therei:>f a Mr. BACON. Mr. President, the bill as it is now before the pi-ovision that upon ail articles going into Puerto Rico from any Senate has been so rearranged that matter which was heretofore foreign country the Dingley Act shall be in force and duties 5hall in section 8 in the former bill is now in sections 2 and 3 of this be levied and collected in accordance with the provision~ o~ the bill. There is a pending amendment on the part of the committee, Dingley Act, and, furthtrmore, that as to all article coming from and therefore I am in order to move to amend the amendment. I Puerto Rico into the United States there shall be no duty, and move to strike out all of sections 2 and 3 and insert in lien thereof that as to all articles going from the United States to Puerto Rico the section which I send to the desk. · there- shall be no duty. Mr. President, this is a matter of very considerable importance, Mr. WARREN. I understand the effect of the -proposals is an and goes to the vital question in the bill. I hope that Senators indorsement of the Dingley tariff so far as Puerto Rico is con will give attention to the reading of the proposed amendment. cerned. .... The PRESIDENT pro tempore. T~e Secretary will read the Mr. BACON. Ii is the recognition of the fact that the Dingley proposed amendment. tariff is the law of the land. It is not a. question of indorsement. The SECRETARY. On pages 2 and 3 strike out sections 2 and 3 Mr. WARREN. Since tlie Senator advocates it, I conclude that and insert in fieu thereof the following: that caiTies with it his iudorsement of the Dingley Act as to Puerto That on and after the d&te when this a.ct shall take effect there shall be Rico. levied, collected, and paid upon all articles imported from foreign- countries Mr. BACON. The suggestion of the Senator I think is entirely into Puerto Rico, which is hereby constituted a customs collection district, without proper basis. There are a great many things in the the rates of duty mentioned and prescribed in the schedules a.nd paragraphs Dingley tariff act which the -Senator from Wyoming well knows of an act entitled "An act to provide revenue for the Go>ernment and to en courage the industries of the Uni~ States," approved July U, 1897; and on I do not approve· but there is one thing I do approve, and that is and after the da.te when this act shall take effect, organizing and establishing that so long as the Dingley tariff is the law of the land it shall civil g<>vernment in Puerto Rico, there shall be no duties or imposts levied. apply to all the lantl, inelnding Puerto Rico, and that whenever collected. or pa.id upon any articles imported into Puerto Rico from any part of the United State , and no duties or imposts shall be levied, collected, or it is amended as to Puerto Rico it should also be amended as to paid up'ln any article:s imported into any part of the United Sta.t~s from Wyoming. Puerto Rico. Mr. WARREN. I am glad to notice that the Senator indorses Mr. GALLINGER. I should like to hear the first part of the more of the Dingley Act and indorses it more emphatically than amendment read again.. he has done on earlier occasions. Mr. BACON. I ask that there may be order in the Chamber in Mr. BACON. I am not to be diverted by that suggestion, and order that thd amendment may be heard by the Senate. at some other time. when the Senate has leisure and the Senators I The PRESIDENT pro tempore. The Secretary will again read themselves are prepared to go into a side path, we may follow out the amendment. the direction which the Senator now indicates. But it is the The Secretary again read Mr. BACON'S amendment to the amend square question here now on this amendment whether or not the ment of the committee. Dingley law shall be considered as applicable to Puerto Rico in Mr. BACON. Mr. President, I desire to call attention of the the same way that it is applicable to any other part of the terri Senate to the effect of this amendment. · tory w hlch we have heretofore called the United States, or whether Sections 2 and 3 of the bill, with the proposed amendments, es there shall betbe Ding!eylaw applicable to the part of the United Jtablish certain rates of duty to be paid upon goods brought from States which existed at the time of its passage and not applicable Puerto Rico into any other parts of the United States. I am to Puerto Rico. Or, to state it more concisely, it is simply this~ speaking of the bill now, not of my amendment, and I will r.epeat Shall there be a tariff between the United States and Puerto Rico what I said, because I think this is a vital matter and Senators on goods coming here, a.nd shall there be a tariff upon goods going should appreciate what is to be voted upon. from the United States to Puerto Rico? The amendment which I My amendment propo~es to strike out sections 2 and 3 of the submit provides that there shall be neither. It provides that UJ>On bill and to insert the amendment which has teen read; and I want all goods from foreign conn tries going in to Puerto Rico there shall in a few minutes to explain what is the proper operation of that be collected the same rates of duty that are collected upon imports amendment, if it should be adopted. Sections 2 and 3, which into the United States from any foreign country. take the place of section 8 as it was formerly in the bill, provide a .Mr. President, I do not want to detain the Senate with a discus rate of duty between Puerto Rico and the balance of the world. sion of this question. Those two sections provide thait upon goods brought from Puerto Mr. SPOONER. The duties collected, of course, are to go into Rico to the United States a certain rate of duty shall be collected. the Treasury just as if they were collected in New York? It further provides that upon certain goods carried from the United Mr. BACON. Undoubtedly. States to Puerto Rico the.re shall be certain duties collected, and Mr. SPOONER. The Senator makes no provision whatever for there are matters of detail carrying out those two general pro the temporary support of the government of ·Puerto Rico. visions. But you may state in brief that those are the provisioDiS Mr. BACON. We have done that already in.another bill. of these two sections levying and collecting a duty upon goods Mr. SPOONER. I do not think we have, but you do not do it coming from Puerto Rico to the United States, and levying and by your amendment• . ~ •·. ~ .. • l ' ·~ f '• ., ) ..... : .. 1900. CONGRESSIONAL RECORD-SENATE.· 3471 Mr. BACON. I do not. I do not want to complicate that ques way and to no other extent than is applicable to the United States~ tion with this one. It is perfectly practical-there is nothing in I say it is as square an issue as can be made, and therefore I hope the amendment that negatives that-after we have settled this it may be voted upon with recognition of that fact. question to decide what shall be done with the revenues. We Mr. GALLINGER. Mr. President, as I do not intend-at any have already passed a bill in which we said that all revenues col time during this debate to speak at any considerable length on lected from Puerto Rico shall be devoted to the purposes specified this subject, which perhaps I might properly do, being a member in that bill, not only those which have been collected in the past, of the committee which considered the bill, I wish to speak briefly . but which may be collected in the future, and so far as the tem on the proposed amendment. Before coming to a discussion of porary purposes are concerned, the amount which will be covered the propositions embraced in the amendment submitted by my by that bill and which is covered by it would certainly provide friend the Senator from Georgia [Mr. BACON], I will put into the for temporary emergencies. RECORD two or three opinions as to our absolute right to impose As to other matters of revenue, there is nothing in this amend the kind of legislation upon Puerto Rico which we are proposing ment which in the slightest degree stands in the way of any other to do in the bill now under consideration, after which I will en provision which Congress may choose to make as to internal reve deavor to demonstrate the fact that the proposed legislation is nue or as to any provision which may be made out of the United wise and for the best interests of the people of the island. States Treasury or as to any provision by which the people of that The lawyers of the Senate have discussed the constitutional territory or the people of other Territories may have power to col question pro and con, and I presume that both sideshavesatisfied lect taxes. the~selves that they have made out a case. However that may l\Ir. FORAKER. Will the Senator from Georgia allow me to be, I want to cite two or three opinions that have attracted my interrupt him for an inquiry? attention and have led me to believe that we are acting entirely Mr. BACON. Certainly. within the limits and provisions of the Constitution in imposing Mr. FORAKER. I understood him to say that the adoption of tariff duties upon Puerto Rico. The first opinion I want to place his amendment to the am~ndment , or his amendment which I be in the RECORD is that rendered by Mr. Justice Bradley in the lieve is proposed as a substitute for the whole section, would not well-known and much-discussed case of The Mormon Church 1>S. stand in the way of such legislation as Congress might see fit to United States (136 U.S., page 42). I will read it: enact with respect to internal-revenue taxation in Puerto Rico or The power of Congress over the Territories of the United States is general taxation in any other sense. I ask him if it is not true that in his and plenary, arising from and incidental to the right to acquire the territorv •I amendment by express provision he 8ays that this provision as to itself and from the power given by t~e Co;istitution to make all needful rules and. r egulations respecting the t~writory or other property of the fre9 trade between Puerto Rico and the United States shall be United States. It would be ab urd to hold that the United States has power because of the provision of the Constitution, and if he has not to acquire territory and no power to go"ern it when acquired. The power referred to the section which requires uniformity of taxation, and t o acquire territory * * * is derived from tho treaty-making power and the power to declare and canyon war. The incidents of the8e powers are if it was not his view and his purpose in proposing this amend those of national sovereignty, and belong to all independent governments. ment thereby to declare that the Constitution was in force and The power t o make acquisitions of territory, by treaty and by cession, is an we were bound by that provision in regard to uniformity of taxa incident of national sovereignty. The Territor:y of Louisiana. when acquired from France and the Territories west of the Rocky Mountain , when ac tion, and if that is not applied to internal as well as tar:i.ff taxation? quired from Mexico, became the absolute prope1•ty and domain of the United Mr. BACON. If the 8enator will study the phraseology care States, subject to such conditions as the Government, in its diplomatic ne fully, he will find that those words are nut in the amendment gotiations, has seen fit to accep~ relating to the rights of the people then in which was read from the desk. habitin~ those Territories. Having rightfully acquired said 'ferritories, the United ~tates Government was the only one which could impose laws upon Mr. FORAKER. Oh. I sent for the amendment. There was them, and its sovereignty over .them was complete. No State of the Union a great deal of confusion. had any such right of sovereignty over them; no other country or govern· ..Mr. BACON. I will say to the. Senator that the amendment ment bad any such right. These propo itions are so elementary and so necessarily follow from the condition of things arising upon the acquisition which has been read was originally drafted by me to be proposed of new territory that they need no argument to support them. to section 8 of the bill as it was formerly framed by the committee. As brought in this morning, sections 2 and 3 practically take the Mr. PETTUS. I desire to ask the Senator a question simply position of section 8, and th~refore I have offered it as an amend for informat:on. Is not that opinion from Justice Bradley a dis· ment, striking out sections 2 and 3 and"proposing the insertion of senting opinion? Mr. GALLINGER. No; it is not a dissenting opinion. I do this in lieu thoreof~ As the amendment was originally drawn bv -. me it did contain the words spoken of by the Senator. It con not understand that it is. tained these words: M1·. FORAKER. It is the opinion of the court. ·.. .Mr. GALLINGER. It is the opinion of the court as delivered ... .And on and after the date when this act shall take effect, organizing and establishing civil government in Puerto Rico, there shall be, in accordance by Mr. Justice Bradley. with section 8, Article I, of the Constitution of the United St.ates, no duties The next case is th.:'l.t of Brenner i.·s. Porter, which is to be found '• or imposts levied, etc. in 9 Howard, 242. Mr.Justice N eJson, in delivering the opinion of Mr. President, I have, in offering the amendment this morning, the court in that cam, tersely said: · purposely stricken out those words, not because I had any doubt They (speaking of Territories) are not organized under the Constitution : as to the propriety of the words, but because I wanted it dealt nor subject to its complex distribution of the powers of government, as the orga.nic law, but are the creations, exclusively, of the legislative department with in as simple a manner as possible, with a view to direct prac and subject to its supe1·vision and control tical results. . I still believe that the action, if taken, will be in ac cordance with that article and section of the Constitution, but it I also desire to put into the. RECORD what is, perhaps, the latest is not necessary for Senators who may differ on that point to re judicial expression on this subject that has been made in thii fuse to vote for an amendment where that is not expressed in it. country. It was made only one year ago by Mr. Justice Morrow, The amendment as offered this morning bas not that expression in whom many of us know, a distinguished judge in the Ninth dis it. It is simply the plain provision of statutory law that aft.er the trict, who delivered the opinion of the court (I think there was no or.ganization of civil government under this act there shall be no dissenting opinion) after having reexamined all of the authorities. duties collected on articles coming from Puerto Rico into the It is manifest from the entire opinion, if the Senator from Ala United States, and that there shall after that time be no duties bama will takethe trouble roread it, thatMr. Justice Morrow had collected upon articles going from the United States into Puerto gone all over this question carefully, and he delivered the unani \ Rico. mous opinion of the court in the following plain and unequivocal I realize the fact, Mr. President, that if the amendment offered language: . v this morning had the same phraseology as the amendment which The answer to these and other like objections urged in the brief of C01J.D.Sel for defendant is found in the now well-established doctrine that the Terri was offered by me several days ago, there might be Senators who tories of the United States are entirely subject to the legislu.tive authority of would be willing to vote for it as an abstract proposition who Congress. They are not organized under the Constitution, nor subject to its would not be willing to commit them~elves to the COilStitutional complex distribution of the :vowers of government as the organic law, but are the creation exclusively of the legislative department and subject to its proposition which would be contained in it if those words were supervision and control. (Benner vs. Porter, 9 How., 235. 242.) The United in it. Therefore, in recasting the amendment this morning, and States, having rightfully acquired the territory, and being the only Govern offering it to·sections 2 and 3, I purposely struck out the words; ment that can impose laws npon them, has the entire dominion and sover· and the suggestion of the Senator from Ohio, therefore, does not eignty, national and municipal, Federal and State. (Insurance Co. us. Canter, 1 Pet .. 511, 5!2; Cross vs Harrison, 16 How., 164; National Bank vs. Yankton apply to anything contained in the present amendment. Co., 101 U. S., 129, 133: Murphy vs. Ramsey, 114 U. S. 15. «, 5 Sup. Ct., 747; Mr. President, as I was about to say when interrupted, I do not Late Corporation of Church of Jesus Christ of Latter-Day Saints vs. U.S., propose to discuss it, but I want to call the attention of the Senate 181, llSup.Ct., 949; Shively vs. Bowlby, 152U. S., 1,48, 14, Sup. Ct., MS.) * * * It may legislate in accordance with the special needs of each locality, and .to the fact that this amendment brings up the square issue, Shall vary its regulations to meet the conditions and circumstances of the people. Puerto Rico have levied and collected at her ports a duty upon Whether the subject elsewhere would be a matter of local police regulation articles going from the United States into Puerto Rico, and shall or within State control under some other power it is immaterial to con3ider. ... ' In a Territory all the functions of government are within the legislative there be levied and collected duties upon articles coming from jm'iscliction of Congress. and may be exercised through a local government Puerto Rico into the United States, or shall there be, as provided or directly by such legislation as we have now under considerat W:>n. (Enclle in_ th~ amendment, the application of the Dingley law as to Puerto mnn 1:8. United States, 86Fed. Rep., 456.) Rico m the same way and to the same extent as, and in no other Turning to the treaty of peace between the Kingdom of Spain ·. .. __ ,• : ·.i• ~ .... .· ·• 3472 -CONGRESSIONAL RECORD-SENATE. MARCH 29, and tbe United States, under which Puerto Rico became the prop Mr. GALLINGER. Of course, in passing upon the provisions erty of the United States, it is jmportant that we do not lose sight that are now found in the bill, that question does arise. I submit, of the fact that the treaty provides that "the civil rights and and it is all I care to say at this time, that the bill as it stands to political status of the native inhabitants of the territories hereby day is infinitely more liberal toward the people of Puerto Rico ceded to the United States shall be determined by Congress." than the amendment submitted by the Senator from Georgia. · Mr. President, I am not a lawyer, and of course would not The provisions of the bill will do infinitely more to reliern the dis· undertake to argue legal questions with any lawyer in this body, tress and the suffering that exist in that island than can po sibly whether he is eminently learned or not so learned, but I read Ian, resultfrom the amendment submitted bytheSenatorfromGeorgia. guage with a view of grasping its evident intent and meaning; In conclusion, I wish to emphasize the fact that whatever indi and it does seem to me that the position that a portion of the law vidual Senators may say or_do, the committee, which for three yers of the Senate have taken, that we have absolute legislative long weeks patiently listened in a close and uncomfortable com· control o'\"er Puerto Rico and over the Philippine Island.s, is incon mittee room to a long hearing upon the subject of Puerto Rico, ti·overtible, and that we can saiely proceed upon the assumption had only one object in view, and that was to legislate for the best that that position is unanswerable. interest of that people, and in such way as to relieve the distress and Assuming that to be so, I turn to the bill, and"what does the suffering that everybody who was before us testified existed in the bill provide? And what does the amendment of my friend the island. The committee certainly have no disposition in any way Senator from Georgia provide? In the first place, the bill pro to oppressthosepeopleortowrongtbem, but, on the contrary, we vides, in the section which the Senator from Georgia proposes to want to lift them as speedily as possible from the suffering and strike out, that we shall protect the Puerto Ricans by imposing a the sorrow that are upon them and place them in a position of duty of 5 cents a pound upon coffee going into that country, and independence, of happiness and contentment. I have heretofore explained why the committee thought that was Mr. President, in view of that fact, having gone over this mat a wise thing to do. ter with great care and deliberation, under the leadership of the We furthermore, in section 2, propose- distinguished Senator from Ohio [Mr. FORAKER], having this pur . That all Spanish scientific, literary, and artistic works, not subversive of pose and this purpose alone in view, I do sincerely hope that the public order in Puerto Rico- amendment submitted by the Senator from Georgia may not be I believe that is the language of the treaty, is it not, I will ask agreed to, and that the bill, so far as the sections under discussion ..... , the Senator from Ohio (Mr. FORAKER]? • are concerned, may be agreed to without any change whatever. :Mr. FORAKER. It 1s. Mr. LINDSAY. Mr. President, I do not feel that I am subject I• Mr. GALLINGER. It proceeds- to the criticism of the Senator from New Hampshire [Mr. GA.Ir shall be admitted free of duty into Puerto Rico for a period of ten years. LINGER]. I have not insisted that Puerto Rico is a part of the And- United States. I have not insisted that the Constitution now ap That all books and pamphlets printed in the English langua~e shall be plies to Puerto Rico or that in legislating for Puerto Rico we are admitted into Puerto Rico free of duty when imported from the Umted States. bound in all respects to conform to all the limitations of the Con In other words, we are giving those people, in whom we have stitution; and I hope the amendment proposed by the Senator so deep an interest, and in whom our Democratic friends espe from Georgia will be so perfected that when the Senate comes to cially pretend to have such an overwllelming interest, the advan vote upon it no Senator shall be constrained to vote against it be tage of a duty on coffee imported into Puerto Rico, and we give cause in any degree or to any extent it undertakes directly or by them books printed in the Spanish, language, not subversive of inference to settle the vexed question of our power to legislate in public order, as wen as books printed in the English language, free regard to Puerto Rico. Fearing that the amendment he pro of duty. poses may give some Senator an excuse to vote against it upon Then, when we come to section 3, we provide the revenue that the idea that it does express an opinion one way or the other, I was contn.ined in the bill that came here from the House of Rep- shall ask him to accept an amendment to his amendment which 1·esentatives, which is 15 per cent, and which has excited so much will certainly take out of the amendment anything that looks to interest, and concerning which so much false sympathy and un the expression of an opinion one way or the other. justifiable misrepresentation have been indulged in in certain sec I shall do this for the purpo3e of a~ording the Senate an oppor tions of our country. We do not impose the full Dingley rates tunity to vote upon the question of free trade between the people upon these people, as the amendment submitted by the Senator of Puerto Rico and the people of the United States, and I shall do from Georgia proposes to do. We simply impose a rate of 15 per it because it is an American island. I shall do this because these people, whether in or out of the Union, are American people, and , :.. :. .. .' cent, and whether that is a revenue or a protective duty I will not stop to argue. · I shall do this because without its being done we will not keep We furthermore provide that after that money has been collected the pledge we made to these people when they accepted the au it shall be kept as a separate fund, and under the direction of the thority of the United States and disclaimed any further allegiance President of the United States shall be used for the benefit of the to Spain. I shall do this to keep the pledge made by General peop~e of Puerto Rico. Not one dollar of it is to go into the Treas .Miles when he occupied this island. I shall doitbecauseitisjust ury of the United States. in itself as recognized by the military governor of Puerto Rico, Mr. President, the Senator from Georgia proposes to strike out recognized by the Secretary of War, and as recognized by the those sections. He is going to deprive the Puerto Ricans of this President of the United States when he said to Congress that it duty upon coffee imported into the island. He is going to deprive was our plain duty to establish free trade between the people of them of the right of having, free of duty, books printed in the the United States and the people of Puerto Rico, and when he Spanish language, which the treaty provided they should have, explained that he had forborne to do it himself because he had no and he is going to deprive them of books printed in the English power to suspend the operation of the Dingley tariff act as to goods language, free of duty, exported from the United States, and then brought into the collection districts of the United States. he is going, in addition, to impose upon those poor people the full I shall ask the Senator from Georgia so to amend his amend· Dingley rate upon products imported into their country, not from ment as to strike out all after the word "ninety-seven," in line 12, the United States, but from foreign countries. That money is to and insert in lieu thereof the following: go into the Treasury of the United States, to be used for the benefit And on and after the passage of this act trade between the customs collec of the people of the United States, and no part whatever of that tion district hereby established for the island of Puerto Rico and the customs collection districts of the United States, now in existence or which may here money is to be applied to the people of the island. after be established, shall be free from all import or tariff duties, and all laws . I submit, Mr. President, that so far as the people and the inter or parts of laws now or heretofore requiring or authorizing the collection of ests of Puerto Rico are concerned-of course I understand the import or tariff duties on articles of commerce between any of the customs Senator from Georgia is raising a constitutional question here-- collection districts herein named a.re to that extent hereby repealed. Mr. BACON. No. Mr. BACON. With theconsentoftheSenate,Iwill accept that Mr. GALLINGER. And very likely he wants to have a vote amendment and let it stand as the original amendment• . on the proposition whether we have a right to impose these duties Mr. FORAKER. I ask that the amendment as modified may that we have imposed under this biU. Of course the Senator will be stated. not deny that he wants that question adjudicated before the ques The PRESIDENT pro tempore. The Senator from Georgia. tion upon the final passage of this bill is reached. modifies his amendment as suggested by the Senator from Ken Mr. BACON. The Senator is not exactly stating me correctly. tucky. The amendment offered by the Senator from Georgia as Mr. GALLINGER. I will gladly yield to the Senator. modified will be read. Mr. BACON. On the contrary, the amendment-which has been The SECRETARY.. In section 2, line 12, after the date" 1897," it offered to the bill, as it was previously framed did have the consti is proposed to strike out: tutional question in it. In order that it might be eliminated, that Alld on and after the date when this act shall take effect, organizing and it might be taken care of at some other time. if practicable, and establishing civil government in Puerto Rico, there shall, in accordance with that Senators, regardless of the constitutional question, might section 8, Article L of the Constitution of the United States, be no duties or pass upon the naked question-whether-Or not ther-e should be free imposts levied, collected, or :paid upon any articles imported into Puerto Rico from any part of the United States, and no duties or imposts shall be trade between Puerto Rico and the remainder of the United States, levied,-collected, or paid upon any articles imported into any ~rt o{ the I eliminated it and it is not in it. United States from Puerto Rico. ., .• ,. ' .... 1900. CONGRESSIONAL RECORD-SENATE. And to insert: amendment offered by the committee to section 3; which will be And on and after the passage of this act trade between the customs col stated. lection district hereby established for the island of Puerto Rico, and the Mr. PETTUS. Mr. President, there is an amendment proposed customs collection districts of the United States now in existence or which by me to that section which I suppose, under the ruling of the may hereafter be established shall be free from all import or tariff duties, and all laws or parts of laws now or heretofore requiring or authorjzing the Chair, will have to wait until the committee amendments ars collection of import or tariff duties on articles of commerce between any acted upon. I have already proposed an amendment to strike out of the customs collection districts herein named are to that extent hereby of that section down to the word" countries,' in line 9; that is to repealed. isolate the question as to the tariff duties on goods from Puerto Mr. FORAKER. Mr. President, I wish to make an inquiry in Rico to the United States and from the United States to Puerto order that I may get the precise parliamentary status. The Sen Rico and make it a question in itself without any other question ate had under consideration an amendment proposed by the com connected with it. I want that acted on at the proper time. mittee to section 2. The Senator from Alabama [l\Ir. PETTUS] The PRESIDENT pro tempore. Has the amendment been moved to amend that amendment by striking out the first proviso. printed? That proposition to amend did not prevail. Thereupon the Sen Mr. PETT US. It has been presented, and ordered to be printed. ator from Georgia rMr. BACON] offered an amendment to the Mr. FORAKER. I presume that will come up after the com· amendment proposed by the committee, which was to substitute mittee amendments have been acted upon? . what he proposed for the entire section. Now, what is it that the The PRESIDENT pro tempore. If the Senator desires to amend amendment as it has just been changed is proposed to take the the proposed amendment of the committee, it is entirely in order. place of? Mr. PETTUS. What I propose is not an amendment to the Mr. BACON. I will state to the Senator from Ohio that the committee amendment; it is an amendment of the original text. Senator from Kentucky [Mr. LINDSAY] asked me to accept an The PRESIDENT pro tempore. Then the question is on the amendment to the amendment offered by me,.to take the place of amendment proposed by tlle committee to section 3; which will the last clause of my amendment. In other words, if the Senator be stated. has my amendment before him-- The SECRETARY. On pa.ge 4, section 3, after the end of line 1, Mr. FORAKER. I have it before me. it is proposed to insert: Mr. BACON. The proposition of the Senator from Kentucky Provided, That on and after the date when this act shall take effect all mer chandise and articles, except coffee, not dutiable under the tariff laws of the is to strike out a11 after the date" 1897," on page 12. United States, and all merchandise and articles entered in Puerto Rico free Mr. FORAKER. I am familiar with that, but what I wanted of duty under orders heretofore made by the Secretary of War, shall be ad to know was what is it that is offered in lieu of that-the whole mitted into the several ports thereof, when imported from the United States, free of duty, all laws or parts of laws to the contrary notwithstanding; and of sections 2 and 3? whenever the legislative assembly of Puerto Rieo shall have enacted and put . Mr. LINDSAY. Sections 2 and 3. into operation a system of local taxation to meet the necessities of the gov Mr. BACON. Sections 2 and 3. I suggest to the Secretary, as ernment of Puerto Rico, by this act established, and shall by resolution duly passed so notify the President, he shall make proclamation thereof, and stated by the Senator from Kentucky, to read the entire amend thereupon all tariff duties on merchandise and articles going into Puerto ment as it will appear after the acceptance of his amendment by me. Rico from th~ United States or coming into the United St... tes from Puerto The PRESIDENT pro tempore. The Secretary will read the Rico shall cease, and from and after such date all such merchandise and arti- . amendment, as requested by the Senator from Georgia. cles shall be antered at the several ports of entry free of duty; and in no Mr. FORAKER. In answer to the Senator's inquiry, I will say event shall any such duties be collected after the 1st day of March, 190'.3. that we were proceeding to perfect the bill in accordance with the The PRESIDENT pro tempore. Has the Senator from Ala amendments proposed by the committee in so far a.a they might bama proposed an amendment to the committee amendment prevail. It seems to me that the amendment now offered ought which has just been stated? not to be offered until after the amendment proposed by the com Mr. PETTUS. I have not; but my amendment was presented mittee shall have been acted on. Then the Senator can move to in the Senate this morning. strike out sections 2 and 3, as the Senate may agree upon them The PRESIDENT pro tempore. It has not yet been printed? after the amendments have been acted upon. It is a little irregu Mr. PETTUS. It has not yet been printed, I suppose; but it lar now to move to strike out those sections, because they have not was presented to the Senate this morning. It is simply to strike been perfected. out all of section 3i on page 3, from the beginning down to the The PRESIDENT pro tempore. The Senator from Georgia has word " countries," in line 9. the undoubted right to offer any amendment which hewishes,and The PRESIDENT pro tempore. That will be entirely in order the Senator from Ohio haf3 the undoubted right to perfect the two after the committee amendment shall have been acted upon. sections before final action on the amendment offered by the Sen- . Mr. PETTUS. This is not an amendment to the committee ator from Georgia. · amendment at all, Mr. President. It is an amendment to the origi- Mr. BACON. Yes, sir. nal text of the bill.· · · · Mr. GALLINGER. Am I not right in the suggestion that if The PRESIDENT pro tempore. That, then, will be in order at those amendments should be adopted, they would not then be any tjme. amendable until the bill came into the Senate? The question is on the amendment proposed by the committee. The PRESIDENT pro tempore. Yes; it would be in order to The amendment wa.s agreed to. move to strike out the entire section. The PRESIDENT pro tempore. Are there further amendments .Mr. GALLINGER. So that now, beyond question, is the proper by the comm. ttee to sections 2 and 3. time to move to strike out the sections, if it is to be done as in Mr. FORAKER. I have no further amendments to offer to Committee of the Whole. those sections on behalf of the committee. .Mr. FORAKER. 1f the Senator will allow me, it seems to me Mr. GALLINGER. I beg to say that under the amendment there ought not to be a motion to strike out the sections until which ha.s just been adopted-and I am gratified that it was after they have been perfected. adopted-the free list-and the Senator from Ohio will correct Mr. GALLINGER. I quite agree to that. me if I make ·a missta.tement-which the President of the United Mr. FORAKER. As soon as they are perfected the Senator States has by Executive order made for Puerto Rico, which in· from Georgia can offer his amendment. eludes breadstuffs, and perhaps the Senator from Ohio can tell The PRESIDENT pro tempore. The Senator from Georgia what other articles, is enacted into law. and that that free list if offers an amendment which will be stated. this l?ill shall become a law, will apply to the people of Pue~to The SECRETARY, In lieu of sections 2 and 3 it is proposed to Rico, giving them free trade in inany of the necessaries of life. insert: · Mr. FORAKER. It very largely increases the free Ii.st of the SEO. 2. That on and after the date when this act shall take effect there Ding~ey law. The free list, made by Executive order, does not shall be levied. coilected, and paid upon all articles imported from foreign correspond exactly with the free list of the Dingley law. It ex countries into Puerto Rico, which is hereby constituts:d a customs collection tends to flour, rice, corn meal, fish, and other articles known as district, the rates of duty mentioned and prescribed in the schcdule3 and paragraphs of an act entitled "An act to provide revenue for the Govern food stuffs, and the like, that will go into Puerto Rico under this ment and to enc•mrage the industries of the United States," appro>ed July provision free of duty; and only such articles as are not embraced 24:, 1897; and on and after the passage of this act trade between the customs in the free list of the Dingiey law, or in some Executive order, collection district hereby established for the island of Puerto Rico and the customs collection districts of the United States now in existence or which will pay the 15 per cent going into Puerto Rico. may hereafter be established shall be free from all import or tariff duties, Now, in answer to the inquiry of the Chair, the committee has and all laws or parts of laws now or heretofore requiring or authorizing the no further amendments to offer to sect10ns 2 and 3; but we have collection of import or tariff duties on articles of commerce between anv of amendments to offer to section 4. the customs collection districts herein named are to that extent hereby re pealed. The PRESIDENT pro tem pore. Then the amendment proposed by the Senator from Alabama would be in order as affecting sec· The PRESIDENT pro tempore. The question is on the amend tion 3. ment proposed by the Senator from Ohio [Mr. FORAKER], on be- Mr. BACON. The amendment proposed by the Senator from half of the committee, to section 2. - Alabama is an amendment to that section. The amendment was agreed to. · The PRESIDENT pro tempore. It is an amendment to that The PRESIDENT pro tempore. The question now is on the section, as the Chair understands. XXXIII-218 3474 CONGRESSIONAL RECORD-SENATE. MARCH 29, Mr. PETTUS. It is an amendment to section 3. Mr. BURROWS. I a.m paired with the Senator from Louisiana Mr. BACON. And because it is an amendment to section3 the (l\Ir. CAFFERY). amendment I have moved would be in order. Mr. JONES of Arkansas. I am paired generally with the Sena The PRESIDENT p1·0 tempore. The-amendment of the Sena tor from Connecticut [Mr. PLATT], but I transfer that Dair to the tor from Georgia will be clearly in order as soon as these two sec Senator from South Dakota [Mr. PETTIGREWj, and vote. I vote tions are perfected so far as the Senate desires to perfect them. "yea." Mr. BACON. That is the reason I made the inquiry as to Mr. McBRIDE. My colleague [Mr. SrnoN] if p1·esent would whether the amendment of the Senator from Alabama was directed vote "yea." I announce his pair, as stated by the Senator from to section 8. North Dakota [Mr. IlA.NsBROUGHJ, who has charge of the pairs, .Mr. PETTUS. I now desire that the Secretary shall report to with the Senator from New York [Mr. DEPEW], who if present the Senate the exact amendment proposed-what I propose to would vote "nay." strike out-so that Senators may see that it applies to nothing in the Mr. SCOTT. My colleague [Mr. ELKINS] is paired with the world but the tariff on goods going from the United States into Senator from Texas [Mr. .CHILTON]. My colleague_would vote Puerto Rico and the tariff on goods coming from Puerto Rico "nay," if present. into the United States. It includes that idea. and nothing else. Mr. PLATT of New York (after voting in the negative). I have The PRESIDENT pro tempore. The Secretary will state the ·a general pair with the Senator from Idaho [Mr. HEITFELD] and amendmentproposed bytheSenatorfromAlabama [.Ur. PETTUS]. inquire if he has voted? The SECRETARY. On page 3, section 3, beginning in line 3, it The PRESIDENT pro tempore. The Chair is informed that he is proposed to strike out: has not voted. That on and after the passage of this act all merchandise coming into the Mr. PLATT of New York. Then I withdraw my vote. United States from Puerto Rico and coming into Puerto Rico from the United Mr. BERRY. The Senator from Texas (Mr. CHILTON] is ab State shall be entered at the severo.l ports of entry upon payment of 15 per cent of the duties which are required to be levied, collected, and paid upon sent by reason of sickness. He is paired with the Senator from like articles of merchandise imported from foreign countries. Wet Virginia fMr. ELKINs]. If the Senator from Texas were The PRESIDENT pro tempore. The question is on the amend present he would vote '' yeii." ment proposed by the Senator from Alabama. Mr. CLARK of Montana. I ask if the Senato1· from Indiana Mr. PETTUSA I ask for the yeas and nays on the amendment. [Mr. BEVERIDGE] has voted? The yeas and nays were ordered; and the Secretary proceeded The PRESIDENT pro tempore. The Chair is informed that he to call the roll. has not. Mr. CULLOM (when his name was called). I have a general Mr. CLARK of Montana. Then I withhold my vote. I should pair with the junior Senator from Virginia fMr. MARTIN]. I un vote" yea," if at liberty to vote. · derstand that the senior Senator from Neva 1900. CONGRESSIONAL RECORD-SENATE. 3475 The PRESIDENT pro tempore. The amendment will be The Secretary read as follows: stated. · GENERAL PROVISTONS. The SECRETARY. At the end of the amendment just adopted SEC. 5. That the capita.I of Puerto Rico shall be at the city of San Juan and insert the followink proviso: the seat of government shall be maintained there. Provided, however, That as soon as a. civil government for Puerto Rico shall The PRESIDENT pro tempore. Will the Senate agree to the have been organized in accordance wit h the provisions of thts act and notice amendment to section 5? thereof shall have been given to the President he shall make proclamation therwf, and thereafter all collections of duties and taxes in Puerto Rico under The amendment was agreed to. the provisions of th.is act shall be paid into the treasury of Puerto Rico, to be Mr. MORGAN. We are now acting on the amendment of the expended as required by law for the government and benefit thereof instead Senator from Ohio? . of being paid into the Treasury of the United States. The PRESIDENT pro tempore. No; it was section 5, the former The PRESIDENT pro tempore. The question is on agreeing to amendment. Now comes the amendment to section 6. the amendment pJ:Oposed by the Senator from Ohio. Mr. FORAKER. The amendment to section 6 will now be acted The amendment was agreed to. upon. Mr. FORAKER. I introduced this morning a substitute for The PRESIDENT pro tempore. The Secretary will read the section 5, which the committee propose to strike out. It is section amendment to section 6. 33 of the Dingley law. The amendment as I ~ent it to the desk The SECRETAR-Y. On page 5, line 23, insert: this morning has been sent to the Public Printer, and therefore . SEO. 6. That all inha.bitants continuing to reside therein who were Spanish subjects on the 11th day of April, 1899, and then resided in Puerto Rico, and I will ask to read it from the Ding1ey law with just such Yari· their children born subsequent thereto, shall be deemed and held to be citi ations, which are very slight, as are necessary to make it appli· zens of the United States. except such as shall have elected to preserve their cable to this bill. allegiance to the Crown of Spain on or before the 11th day of April,.1900, in I propose the following as a substitute for section 5, which I accordance with the provisions of the treaty of peace between the United States and Spain entered into on the 11th day of April, 1899; and they, together move to strike out; that is, I move to strike out section 5 and to with such otller citizens of the United States as may reside in Puerto Rico, insert the following as section 5: shall constitute a body politic under the name of The People of Puerto Rico, with governmental powers as hereinafter conferred, and with powei· to sue That on and after the day when this act shall go int() effect all goods, wares, and be sued as such. and merchandise previously imported from Puerto Rico, for which no entr~ has been made, and all goods. wares, and merchandise previously entered The PRESIDENT pro tempore. The Senator from Ohio moves without payment of duty and under bond for warehousing, transportation, or anv other purpose. for which no permit of delivery to the importer or to amend, on page6, line 2, by inserting, after the word'' citizens," his agent has tJeen ISSued, shall be subjected to the duties imposed by this the words '' of Puerto Rico, and as such entitled to the protection." act and to no other duty, upon the entry or the withdrawal thereof: Provided, Mr. MoRaAN and Mr·. BACON addressed the Chair. That when duties are based upon the weight of merchandise deposited in any public or private bonded warehouse, said duties shall be levied a.net collected The PRESIDENT pro tempoxe. The question is on agreeing to ut>on the weight of such merchandise at the time of its entry. the amendment. . · Mr. BACON. Mr. President, two of us were on the floor objeet. Mr. GALLINGER. I hope the Senator will briefly explain that ing to the amendment when the Chair was putting the question .. amendment. I have not seen it~ The PRESIDENT pro tempore. The question is still open. l\fr. FORAKER. I will take pleasure in doing so. I am look Mr. BACON. I only take the liberty of speaking because the ing for a letter I received this morning, if I can find it; but I can Senator from Alabama did not make himself heard. !want.also. explain it without the letter. I do not find it just at the moment, however f to address the Senate upon the amendment. bnt the information has come to me by various letters which I Mr. MORGAN. Mr. President, the Constitution of the United have received that the people in Puerto Rico, many of them, be· States provides, in Article XIV of the amendments: coming impatient about our action, have shipped goods to the All persons born or naturalized in the United States, and subject to the United States, some of which are now on the sea, while some have jurisdiction thereof, are citizens of the United States and of the State wherein been entered in bond, the idea being in shipping them here now they 1·eside. that they would put them in bond in anticipation of our action The Supreme Court has passed upon that very recently, and they until we legislate, and then they would be taken out of the bonded have held that a child of Chinese parents born in the United warehome.. States is a citizen of the United States. I forget exactly where The purpose of it is to make the same duty applicable to goods that child was born-whether it was in a Territory or in a State. that are now on the way here, and goods that may be received Mr. FORAKER. It was born in California. before this measure becomes a la.w, or which have already been Mr. MORGAN. Yes; it was born in California. They have received and may be now in bonded warehouses, that will apply upheld, in other words, the pro~isions of the Constitution of the to goods that will be shipped from Puerto Rico and be entered United States as to those persons who come into existence here here after the law goes into- effect; in other words, they would of parentage, neither of whose parents is a citizen. of the United thus pay only 15 per cent instead of the full Dingley rates. I States. lt seems to me that that decision and that clause of the believe in every tariff act that we have enacted there has been a Constitution are violated by the proposed amendment now pre· similar provision, that goods entered in bonded warehouses with·· sented by the committee. out the payment of duty before the act takes effect shall, when Mr. SPOONER. You mean as to the children? taken out after the act takes effect, pay only the duties provided Mr. MORGAN. As to the children and as to the persons; cer· by the act. tainly as to tho children, because the children who are born in The PRESIDENT pro tempore. The Secretary will read the Puerto Rico after the date of the passage of this bill are at least amendment of the Senator from Ohio. The Senator from Ohio born so much within the United States as to be citizens of the will please follow the amendment as read by the Secretary. United States thereof, for we extend the laws of the United States The SECRETARY. On page 5, line 14, strike out section 5 and over that country, many of them specifically, and in a provision insert: here nearly all of them generally. So we are excluding now by That on and after the day when this act shall go int.o effect all goods, wares, an act of Congress those people from citizenship hereafter to be and merchandise previously import.ad from Puerto Rico for which no entry bas been made, and all goods, wares, and merchandise previously entered born in Puerto Rico who are made citizens of the United States •without payment of duty and under bond for warehousing, transportation, by the Constitution. or any other purpose, for which no permit of delivery to the importer or hie; Now, there can not be any sound reason, Mr. President, in party agent has been issued, shall be subjected to the duties imposed by thisaet and to no other duty. upon the entry or the withdrawal thereof: Provided, That when politics for going around the Constitution in thi~ absurd way.. duties are based upon the weight of merchandise deposited in any public 01• W.e had better come up to our duty and recognize these people, as private bonded warehouse, said duties shall be levied and collected upon the the Constitution of the United States recognizes them, as being weight of such merchandise at the time of its entry. Citizens of the united States by the decree of the supreme power The PRESIDENT pro tempore. The-question is on agreeingto of the land. I have never in my life seen, nor has anybody else the amendment. ever seen, so much twisting and turning for the purpose of finding ..- The amendment was agreed to. . some opportunity to get this bill through without recognizing the Mr. FORAKER. I now propose to amend by inserting on page authority of the Constitution of the United States in a territory 6, line 2, after the word ''citizens," the following: "of Puerto that we have acquired in sovereignty by a treaty with a foreign Rico, and as such entitled to the protection." power; and it is not proper, it is not meet or becoming, that the Mr. GALLINGER. The Senator wants to change the number· Senate of the United States should treat the Constitution of our ing of the sections, but I presume the clerks will· do that. counti·y in such a light, frivolous, and improper way. Mr. FORAKER. I thought that later I would ask that the But the text of the amendment itself contains a most objection· numbering lle changed to conespond with such changes as may able feature. The text of the proposed amendment now is that be made. they shall be held to be citizens of Puerto Rico. Citizens of Puerto The PRESIDENT pro tempore. What does the Senator do with Ricot What is Puerto Rico? Whether it is a part of the United section 5, "that the capital of Puerto Rico shall be in the city of States or whether it is a. dependency, it can not have a citizenship San Juan, etc.?" separate from the citizenship of the United States unless it is . Mr. FORAKER. That is the committee amendment. I beg l'eally an independent sovereign power, and that is more particn· pardon. Let it be acted on. larly emphasized in the following part of the same amendment: The PRESIDENT pro tempore. The amendment will be stated. And as such entitled to the protection of the United States. 3476 CONGRESSIONAL RECORD-SENATE. MARCH 29, Citizens of Puerto Rico! a separate government, entitled to the abandon the principles of the Government of the United States protection of the United States! Are we going jn there as intrud- an cl create in Puerto Rico a separate autonomous government ers to give our protection to a country over which we refuse to under our protection. • recognize the fact that we exercise dominion enough to make Why, Mr. President, a government under our protection is not their people citizens of the United States? Now, is this intended an autonomous government; it is not a government republican in to give protection to the citizens of Puerto Rico or is it intended to form. A governmf-1nt republican in form is one that has the dght give protection to Puerto Rico itself as a political entity? j of local self-government to whatever extent the sovereign power What is a government, Mr. President, but the people who oc- chooses to confer it. We a1·e pledged in the fourth section of the cupy it? It is not the houses and the land and the ocean that sur- fourth article of the Constitution that we will give to every State rounds that island that makes a government. If there were no in the ~4...merican Union a government republican in form. Now, people there, there would be no government there. When there can a government be republican in form that stands outside of the are people there and they are spoken of in this aggregated st>~se American Union, or that stands witllin the range simply of its as citizens of Puerto Rico, the government that we recogmze protection? No, sir. There js no protectorate provided for in our there is a g0vernment of. by, and through the citizens of Puerto Constitution. Our Constitution in the initiation of it founded, as Rico as a body politic. Therefore the effect of this arrangement, I had occasion to remark in the Senate a few days ago, the great· whatever may be its purpose, is to give protection to Puerto Rico Northwestern Territory, now comprising four great States, in a as a separate political entity, as a foreign power, as a power under state of organization as a Territorial government under the arti our protection. That is what it means. That is what it means cles of confederation. The Congress of the United States in one in the law. That is what everybody is obliged to understand that of the very first acts that it passed took up the Northwestern Ter it means by the simple reading of the text. ritory and continued that government, and that government made Now, a government can not be protected by another govern- the people of the Northwestern Territory citizens of the United ment that has no sovereig~ty. The idea of protection in all dip- States. Even the Indian tribes were made citizens of the United lomatic usage and in the laws of nations always implies that the States. party that i.s pi:otected is a sovereign power, but is suz~rain, un- By that I mean, Mr. President, they were given the right to the_ der the subJect1on of the other .governme~t. to a certam ext~nt; protection of our flag, the right when they came to be tried by and whenever we undertake to give to the c1~i~ens of Pu~rto Rico, civil tribunals to trial by jury, the right to be taxed equally with individuall~ or as. a. body or as a bo~y politic, _Protect10n, we ~t other people, because in the basis of representation we expressly once recogmze their mdependence, their separation from us, their refer to Indians that are not taxed and exclude them. and only autonomous condition, thei~ right of local self-government. . them, from the basis of representation. When they are taxed, In what respect are we gomg to protect these people a~d agamst then what are they? Does a tax change the citizenship? No, sir. whom are we going to protect th.em? Protect them agamst them- They are citizens of the United States in that broad and general selves? Protect them so as to give them the benefits ?f the Con- and magnanimous idea which conveys over them all of the bene stitution of the U1;1ited St~tes and the laws of the pmted States? fits of the protection of the Constitution and laws of the United Protect them agamst their own government, their own people, States administered under the Constitution and in accordance or against foreign powers? What is meant by the protection ~hat with u. is furni~hed. in ~his amendme~t.over the people of Puerto Rico? These people ca.n not have protection given to them by the Gov Who will give it a legal defi.mt1<;>n? Who will und~rtake to say ernment of the United States as an emperor would give to his what the Government of the Umted States :{lledges itse.lf to here subjects and dole it out to them without reference to the organic when we solemnly a~sert and a"."ow that we mtend to gwe to the law which controls its action. When we come to protect these peopl~ of Puerto Rico. protection? It. can n?t have. any other people in the island of Puerto Rico, are we to protect them free meam~g than that we give t~em prote:tion agamst foreign powers from the restraints of the Constitution? Are we to give them or agau~st. some e~e~te or m~u~rectlon c:r ~urbulence that may some kind of protection not known to the Constitution'? Where occur withm the limits of theu- IBland, withm the power of that will this power of protection find its sanction? Where will it· government. . . find the element of its authoritv and the direction it shall take? We give protection to.our people here,. not with !ll'Jl;t 1 ~S and not In the Constitution of the Unit.€d States, or nowhere. ~ith acts of Co~gre.ss sim;ply, but we give them JUd.1?1al prot_ec- So that this attempt, Mr. President, merely to gratify the idea ~wn: We have m fames ?f peace, when a sta~ of war 19 not. exist- of some gentleman who can not see through the au bject, or does mg m any part of the pmted Stat.e~ or any of its dependencies, !1° not want to see through the subject, is an effort on the part of this power to give protection to the .citizens~ip except to the agencies committee to do something which violates the very or.~anic law of the law execnte.d by the police or military po~er of the Gc:v- and the fundamental principles of the Government of the United ernment of the Umted States, or executed by the Judgment of its States. I think that ought to be stricken out. coNot~ what protection is it that we are promising to these peo- The PR.ESI_DING 0F!3'ICER (Mr. GALLINGER in the chair). ple? 1; it something, Mr. President, that is to be of no value, un- The quest10~ is on agreemg to the amendment to the amendment definable? Will the Senator from Ohio define before the Senate of the committee...... of the United States the character of the protection he proposes Mr. ~ACON. Mr. Presi~ent, th1s is a very important question. to aive to the people of Puerto Rico under this act and the agency It certamly can not be decided by the small number of Senators thr~u()'h which that protection is to be extended? Unless that who are here. I theref?re suggest- can b~ done this is a vain and empty declaration. It is something Mr. FORAKER. Will the Senator allow me? that ought not to be in the bill. It is an attempt to meet the Mr. BACON. Certainly. argument that some man suggests on this floor, that after all Mr. FORAKER. I suggest, in view of what he is about to say, he does not want the people of Puerto Rico to be citizens of that we pass this over until to-morrow. the United States, or that. they are not such, or that they shall Mr. BACON. Yes, sir. be prevented from becommg such by an act of Congress; that Mr. FORAKER. And allow me to ask that the sections which is all. . . . by reason of what we have adopted have become unne:::e sary, Now, unless the Senator from Ohio or thlS co~m1ttee can ex- sections 8 9 and 10 may be stricken out so that we may have a p1ai~ to the Senate wha:t is meant by the pi:otection ~hey pi:opose reprint of' the bill t~-night. ' to gwe, then, l\Ir. P:es1dent, we are engagmg here ma van:~ e!1- Mr. MORGAN. I make no objection. deavor to do somethmg that we ourselves can not state what it is. M. PETTUS N t to h ·t? We are not driven to these extremities by any emergency or ex- 1• • 0 c ange 1 · . • .. igency of legislation or politics here to-day. We had very much l\fr, FORAKJ!!R. No; not to ch~nge it; simply stnkrng out. better take th::se people in hand as we have taken in hand our rela- Shall I _proceed m regular order untI~ I co1!1e to those? ~pon the tions to all the other people we have ever annexed to the United sugges~10n of t~e Senato!fr~m Georgia I will pass over tha"amend States, and treat them as all those people have been treated-as . ment, if there is no obJection, and ask that we may ta1rn up the citizens of the United States. other amendments. . . . We made an en(J'a(J'ementof that kind in regard to every country ?-1 ne PRESIDING OFFIC~R. Is there obJection to the subJect that we have ann~x~d. even in regard to Russians in Alaska. All berng passed over? T~e Chair hears none. . the people, including the Indians, the Kamchatkans, or whoever Mr. MORGAN. This amendment g?es over ~ntil to-morro'Y· they may be up in that region in Alaska, are made citizens of the M!. FORAKER.. It goes over ~1,nt 1 l to-mo},I?W, and .I t~mk United States. SotheywereinFlorida; sotheywereintheLoui- sect1on7 also. I thmk the word statutory 18 to be rnserted siana territority; so in Texas; so in Mexico, and so in Hawaii. there. . . _ . . We take the whole body, black and white, red and yellow, rich ThePRESIDINGOFFICER. W1thoutobJection, seclion7will and poor, into the bosom of the citizenship of the United States, be passed over. . _ . and no one has ever heard yet of any difficulty or trouble coming Mr. FORAKER. Sections 6 and 7. N e.w section 8. to the United States on that account. There is no reason why we The PRESIDING OFFICER. The Secretary will read the sec. should not do it. But there is every reason why we should n.ot tion. 1900. CONGRESSIONAL RECORD-SENATE. 3477 The Secretary read as follows: No Puerto Rican, I think, has ever sent a complaint to the United SEO. 8. That the Commissioner of Navigation shall make such regulations, States of irregularity, or injustice, or maraud against the Army subject t6 the approval of the Secretary of the Treasury, as he may deem of the United States. We can dismiss any consideration in con expedient for the nationalization of all vessels owned by the inhabitants of nection with their poverty as resulting from a supposed infliction Puerto Rico on the 11th day of April, 1899, and which continued to be so owned up to the date of such nationalization, and for the admission of the of harm upon them by the presence of the army. The tornado same to all of the benefits o.f the coasting trade of the United States; and the has been very largely compensated for. A great amount of money coasting trade between Puerto Rico and the United States shall be regulated has been spent there in public works and otherwise to give those in accordance with the provisions of law applicable to such trade between people employment. The million of inhabitants in Puerto Rico any two great coasting districts. have had more money spent upon them by the Government of The PRESIDING OFFICER. The question is on agreeing to the United States since the flag of Spain was lowered upon that the amendment of the committee. island than any million people have ever had spent upon them in Mr. PETTUS. When this was up before, this very amendment the United States, the Indians not excepted, and we have spent was adopted; but there was added to it at the end by making the mints of money upon the Indians. So l do not credit folly these period a comma and adding "of the United States." clamors of distress that are coming from Puerto Rico. Mr. FORAKER. The statement made by" the Senator from There is a better reason than that for it all. If Senators will Alabama is correct, as I very well remember. It was overlooked examine a table which I extracted from Ueneral Davis's report because it appeared at a different place in the RECORD from where and put into the RECORD a few days ago, they will find that there the amendment was adopted. I a~k that those words may be are 831 ,000,000 of mortgage indebtedness upon the million people inserted. in Puerto Rico, fastened, of course, upon the land, and that that Mr. PETTUS. That amendment has been adopted. debt bears interest all the way from 6 per cent to above 24 per Mr. FORAKER. lt already has been adopted. After the word cent. Very large blocks of it bear interest at 16, 18, 20, 24, and "districts," at the end of section 8, as it is in this reprint, the above 24 per cent. It is a mortgage-ridden, usury-ridden ,people period shall b~ changed to a comma, and the words shall be added in that country, and they are suffering from it as no people ever '~of the United States." suffered before, unless it may be in the island of Guba or the The PRESIDING OFFICER. The Senator has a right to Philippine Islands under Spanish rule. It has been a part of the modify the amendment. The question is on agreeing to the Spanish system of rule to throw the virtual ownership of land in amendment as modified. all these outlying islands into the hands of certain favored sons The amendment as modified was agreed to. of Spain or certain favored people residing in them and to ·estab The PRESIDING OFFICER. The Secretary will read the next lish in connection with a system of peonage there the utter sub amendment. ordination of those people as laborers in that way and to that The Secretary read as follows: degree that it is impossible almost for them to live. Now, while we are dealing with this subject we might as well SEO. 9. That quarantine stations shall be established at such places in Puerto Rico as the Supervising Surgeon-General of the Marine-Hospital Serv look at that fact as being the one hideous and monstrous fact that ice of the United States sha.11 direct, and the quarantine regulations relat is the cause of the distress in Puerto Rico. We will have it here ing to the importation of diseases from other countries shall be under the after a while. It is on the gradual ascendency in this country, and control of the Government of the United States. our people in times to come will feel the burden of the same out The amendment was agreed to. rage and calamity. But it is enongh to deal with it here now. The PRESIDING OFFICER. The next amendment will be Here are the facts stated authentically by Governor Davis, and in stated. all the debates that have gone on and in all the investigations of The SECRETARY. It is proposed to insert as a new section the the committee not one word has been said in regard to this terrific following: bnrden of debt resting upon the island of Puerto Rico. All this clamor about tariffs and duties and the like of that comes more SEC. 10. That for the purpose of retiring the Puerto Rican coins now in circulation in Puerto Rico and substituting therefor the coins of the United from the men who absorb these crops under these mortgages than States, the Secretary of the Treasury is hereby authorized to redeem, on it does from the poor laboring wretches who go about barefooted prese!ltation in Puerto Rico, all the silver coins of Puerto Rico known as the and bunt their way through pathless forests to the field of labor. peso and all ot her silver and copper Puerto Rican coins now in circulation iu That is the truth about it. We had better look into this subject Puerto Rico, not including any such coins that may be imported into Puerto Rico after t}le 1st day of ~ ' ebruary. 1900, at the present established rate of 60 a little bit more narrowly than we have been doing before, and centi; in the coins of the United States for lpeso of Puerto Rican coin, and for with a better and keener eye to actual human relief and justice. all minor or subsidiary coins the same rat9 of exchange shall be applied. The Now we come to their financial condition. Here are the pe Puerto Rican coins so purchased or redeemed shall be recoined at the expense of the United States, under the direction of the Secretary of the Treasury, setas, the small coins of small Puerto Rico, and the peso, the into such coins of the United States now authorized by law as he may direct, larger coin, corresponding to our dollar, which, under the laws and from and after three months after the date when this act shall take ef of Spain, are legal tender for debt. The debts in Puerto Rico fect no coins shall be a lega.l tender, in payment of debts thereafter con tracted, for any amount in Puerto Rico, except those of the United States; have been contracted with reference to this very currency. and whatever sum may be r equired io carry out the provisions hereof, and When we have gone there we have not altered the legal-tender to pay all expenses t hat may be incurred in connection therewith, is hereby laws. There has been no change in the legal-tender laws of appropriated, and the Secretary of the Treasury is hereby authorized to establish such regulations and employ such agencies as may be necessary to Puerto Rico. A peon can buy his food and a debtor can pay a. accomplish the purposes her eo': Provided. however, That aU debts owing on debt in Puerto Rico to-day in the currency that we found there the date when this act shall take effect shall be payable in the coins of Puerto when we took possession of the island-legal-tender silver cur Rico now in circulation, or in the coins of the United States at the rate of exchange above named. rency. Our coins have gone in there, and the merchants have priced them at 45 to 50 per cent above the nominal value of the Mr. MORGAN. On page 8, line 20, I propose to strike out Spanish corns-that is to say, a Spanish peso, which represents an "sixty'' and insert" one hundred." ounce of silver, $1, is worth at the counter of the merchant or The PRESIDING OFFICER. The amendment to the amend· banker in Puerto Rico 45 or 50 cents. That is where we find it. ment will be stated. We propose to change that in Puerto Rico and to give them a . The SECRETARY, Section 10, page 8, line 20, after the word substituted currency; and what do we do with those people? We " of i: it is proposed to strike out '' sixty" and insert " one hun- say to them, we will raise the price from 45 or 50 cents on the dol dred;" so as to read "one hundred cents." lar to 60 cents on the dollar, and we will give you 60 cents on the Mr. MORGAN. Mr. President, I wish to say a few words about dollar in American silver coin for your peso. That is what we the amendment. We have heard a great many complaints about propose to do. We will make that much speculation out of yon. the poor, distressed, and dilapidated condition of Puerto Rico. Th1s bill also requires that that bullion, when received, shall be For my part, I have not been able, with any degree of accuracy, coined into coins of the United States, thereby becoming legal-· to locate the facts upon which those propositions have been based. tender coin of value equal to the value of gold. We say, then, to Senators speak about a storm-swept island and about the failure the Puerto Ricans, "We will take your coins at 60 cents, and we of crops and the varjous distresses that have been visited upon it will coin them into a dollar! and we will give you 60 cents for this · by the. appeara!lce of troop~ in. their midst. So far as the appear- coin in legal-tender money of the United 8tates." . · ance of trnops m Puerto Rico is concerned, I have no doubt it has We make 40 per cent off the Puerto Ricans, off this poor, been a great financial resource to those people. The payment of wretched. debt-ridden, miserable, starving country down there, our soldiers there and the trading that has been done in Pn~rto Rico and this bill, with a shameless effrontery, brings that measure be have furnished those people with a large amount of money in com- fore the Senate of the United States and the people of this country, mercial dealings that otherwise they would not have had. So I and asks us to adopt it. We can not afford to do H. It 1s not a. do not think the presence of the army there has inflicted any par- benefaction to those people to say to them, "We will take your ticnlar harm upon ~hose people. Our troops l;lave not devastated money at 60 cents," when they can send it to Spain and get a dol their farms or orchards nor robbed their houses or anything of Jar for it. Can they send it to Spain? Yes ~ sir; they can; but they the kind. . can starve while it is absent from the island. We are compelling Perfect order has been maintained and was maintained while Ithose people to exchange their silver bullion, their pesos, which General Miles was there and in the command since that time. are legal tender now in Puerto Rico, for 60 cents of Jegal-tender ·- 3478 OONGRESSION AL RECORD-SEN ATE. MARCH 29, . money of the United States, the Government of the United States Mr. MORGAN. We understand that, but I am speaking of covering the balance of it into the Treasury. paying debts. Can you not pay a dollar of debt with a peso? Now, I do notthinkthatthatisdealingfairlywith these people. Mr. LODGE. No. If we intend to buy their coin and force them, as I think they Mr. FORA.:.IBR. No. ought to be forced, to take American coins into that island to snp- Mr. MORGAN. How much can yon pay? plant and eject Spanish coins, let us pay a hundred cents on the Mr. FORAKER. · Sixty per cent of what an American dollar dollar for it, because that is what we make out of it. We 'get an will pay, and no more. · ounce of silver, nine-tenths fine, in every one of these pesos, and Mr. BACON. Became of the order of the President. we convert it into a legal-tender dollar, and the man in Puerto Mr. FORAKER. Not because of the order of the President. I Rico who has to give it up under our laws ought to be entitlad to will say but for the order of the President you could not pay with his dollar back. Can we take from these people, poor as they are a Puerto Rican coin more than 45 per cent of what-you could pay represented to be, this 40 cents in eve1·y dollar and put it into the with an American dollar. I have before me the report of General Treasury of the United States, and go home and go to bed and Davis and desirn to read from it. sleep with our own consciences? You can not do it, Mr. Presi- Mr. MORGAN. I desire to be informed about this matter. dent. If we takethat money at all, we ought to pay to them what Mr. FORAKER. I was about to read from this report for that it is worth to them under their legal-tender laws. and we ought to purpose. take what that ounce of silver is worth in the United States when Mr. MORGAN. Had not the Puerto Rican debtor, under the it is coined into a standard coin, nine-tenths fine and made a legal- Ilaws that stood at the time we acquired the island, the right to tender dollar here. There can not be a more cruel injustice prac- pay a dollar of debt with a peso? ticed upon a people than just that, and it is done in the name and Mr. FORAKER. He could pay a peso of debt with a peso, but under the guise of magnanimity. . · I when we went in with our coins you could pay two pesos of debt Mr. JONES of ArkaDBas. I hope the Senator from Ohio will with one American dollar. . accept the amendment proposed by the Senator from Alabama. Mr. MORGAN. I am not speaking of the American dollar; I Mr. FORAKER. I can not do so. am speaking of the peso. Mr. JONES of Arkansas. The silver money that the people in Mr. FORAKER.. You could do it to-day except only for the this island have has been coined under the law under which they President's order, which has given to the peso 60 per cent instead live, at a ratio, I suppose, of 15! to 1. I think that is the ratio. of about 50 per cent of value, which it had before. Now, we propose to change it to a ratio of 16to1, which will be Mr. MORGAN. I will not interrupt the Senator further, but a loss of 3 per cent to them, or more than that; and as they are I will answer him. living under the law, they having accepted their coin under the Mr. FORAKER. I read from General Davis's report to the War law, it does seem to me to be gro sly unfair for the Government Department under date of September 30, 1899, at page 31, where of the United States to compel those people to have that coin he says: changed into another coin at a loss of 40 per cent of its value. The relative value of the peso to the silver dolla.r-bullion value-is stated We ought to allow those people to bring their silver to this coun by the Secretary of the Treasury to be as 93.5 to 100. The undersigned is not try and have it changed into American coin without loss to them. advised as to the present market value of silver, but this is upposed to be If they bring a peso here and take it to the mints and have it such as to make the bullion value of the United States dollar al:iout 43 cents, coined and given back to them, they ought to have it all. There which would give the peso a similar value of about 40 cents. ought to be no charge to theni to have the silver coin circulating I saw a statement somewhere recently that the present market amongst them converted into the coin of the United States. It is value of silver was such as to give to the ilver in the peso a value to our interest to have that done. We believe it is to their inter- of about 45 to 48 cents in our money. Whichever it may be, it is est to have it done. It is just and fair, and I hope the committee less than 50 cents. It is true that we propose to take their silver will agree to the amendment. It is so perfectly just that it seems in exchange for our dollars at the rate mentioned-60 cents of our to me t.t ought not to be objected to by anybody. money for a peso-and weproposetorecoin that in themannerpro- Mr. BACON. Mr. President, I do not wish to detain the Sen- vided in the bill, and it is true that after werecoin it and put our ate, bnt I think the fact ought to be clearly recognized that these stamp on it, it will have the value that Senators have alluded to. unfortunate people will absolutely lose 40 per cent of the money But we are not taking anything from the Puerto Ricans in giv value of the present coin, and I can not aee what public policy ing that value to their recoined pesos. We are simply putting requires that we should make them suffer such a sacrifice. If the behind that silver the credit of this Government; something we proposition were one which largely increased the volume of silver have, but something they have not. We are not depriving them money, I might understand that those who are opposed to snch of anything, but in giving them 60 cents for each peso we are giv increase would think that this sacrifice on the part of the people ing them at least 10 cents in our money more than the silver in was required in order to prevent what, in their estimation, would the peso is worth in the market as bullion or in the mai·ket as be a great public evil; but the amount is very small. It would be money with which to pay for goods. inappreciable, in comparison with the volume of money in this So the talk about our working some hard hip is to my mind country, if all the silver in Puerto Rico were brought to this coun- entirely unwan-anted by anything that is connected with the facts try and kept here. in the case. I do not know of any Puerto Rican who is making If it is an absolute fact that it will destroy 4.0 per cent of the any complaint about it. I have not heard of any exception on the money of these poverty-stricken people, these people in such dis- part of anybody. On the contrary, I fl.ave heard that everybody tress that we have absolutely appropriated here more than $2,000,- in Puerto Rico is well pleased with the idea. that we are to allow 000 for theil' relief, I think there must certainly be some reason them 60 cents of our money for what in their money, as compared for it. There must be some ground on which such action is based. with oUI·s, is worth less than 50 cents. Not only so, but it not only destroys 40 per cent of their money, Mr. BACON. I should like to ask the Senator from Ohio aqnes- but we take that 4.0 per cent ourselves and put it into our T1·eas- tion, if he will permit me. ury. We de troy in their hands 40 per cent of their money; and Mr. FORAKER. Certainly. we not only dei:;troy it in their hands, but we keep it alive in our Mr. BACON. I will not pursue the argument suggested by the ownhandsandputitintoourTreasury. lfthatisnotso, I should Senator, although probably before the discussion is over there like for the Senator from Ohio to explain wherein I am incorrect; will be a reply to what he has said. I wish to ask him a question and if it is so, I am sure the committee must have some good rea- right in this connection. It is true, I suppose, regardless of what son for it, and I think it ought to be spread upon the records of may be the value of the Puerto Rican coin as estimated in our the country if there is a reason for it to justify the action, because, own coin, that when that silver is brought here and coined into _unless there is a reason for it, it certainly must meet with con- American money it will not make 60 per cent of a legal-tender demnation. dollar, but it will make a 100 per cent legal-tender dollar. Mr. FORAKER. Mr. P1·esideut, the truth is that, as I under- Mr. FORAKER. That is substantially true. stand it, it is not so, to employ the language of the Senator from Mr. BACON. Under this bill a party wbo brings to the mint Georgia. I here a hundred dollars' worth of silver, estimated at its coining Mr. BACON. I hope the Senator from Ohio is correct. I capacity, will get back 60 legal-tender dollars. I wish to know Mr. FORAKER. The peso and other Puerto Rican coins that of the Senator what will become of the $4.0 under this bill? are in circulation in Puerto Rico are not pa sing as our coins.pass Mr. FORAKER. As I said a moment ago, if there be 40 per there, with the legal-tender quality and the credit of the United cent of value added, it is because we have put our credit behind it States behind them, the equal of gold coins. to that extent. Mr. MORGAN. They are legal tender in Puerto Rico for debt. Mr. BACON. I am not talking about the reason. Mr. FORAKER. Yes; but they are worth about 43 to 45 cents Mr. FORAKER. "\Ve have given to it something they did not in our money in Puerto Rico. have. Nobody is required to bring his peso in and have it ex- Mr. MORGAN. In the J?ayment of debts? changed. This is a privilege which we propose to· confer upon Mr. FORAKER. That 1s to say, 45 to 50 cents of American them. If they do not see fit to avail themselves of it, they do not coin will buy as much as the Puerto Rican peso will buy. need to. 1900. OONGRESSIONAL RECORD-SENATE. ~ 3479 l\Ir. BACON. I understand that fully. Mr. McCOMAS. -Of course. Why? Mr. FORAKER. We are not compelling anybody to exchange Mr. BACON. Pardon me. And necessarilyit must be true., as the coins. suggested by_me in the question I asked of the Senator, that when Mr. BACON. IS it the purpose of this bill that those who do a law is thus passed it will increase the value of the silver coin in avail themselves of this provision shall leave in the Treasury of the pocket of every poverty-stricken Puerto Rican up to the value the United States, without. other consideration than the fact of of 100 cents on the dollar, whereas under this bill it would be coining it by the United· States, $40 out of every hundred dollars only 60 cents on the dollar. So that those people, whom we are coined out of that man's silver? so anxious to befriend and to be benevolent to, stand in this posi Mr. FORAKER. If we take the silYer bullion, treating it as tion, that by tbe passage of a law we can make theil' money worth bullion, and coin it into dollars, of course it has as money the in in their pockets to-day GO cents on the dollar or we can make it creased value of which the Senator speaks. But that does not worth 100 cents on the dollar; and we assume to determine to belong to the Puerto Rican. - make it worth GO cents instead of 100 cents. That is all there is Mr. BACON. The $40 is to go into the T1·easUI'y of the United in it; and all the inducement there can be to us to do otherwise is States. that we<0urselves will put '10 per cent of it into our own pockets. Mr. FORAKER. It goes to the United States, of course, be Mr. :McCOMAS. The distinguished Senator from Georgia, I cause it belongs to the United States. It does not belong to the suppose, calls that a question. I think the first member of his Puerto Rican. We give him not only full value for all he owns, argument was a question, but certainly the remainder of it was but we give him more than full value. We do not compel him to not. As to the peso at an exchange value of 60 cents being con sell it. We simply hold out to him the privilege of having his vertible into our dollar, they do receive the full value and the silver money coined into our money, if he want~ it, at a fixed price, added value, because the P1·esident's order has u::ted the value in which we name. That is all. He-does not have to have his money that island above the real value, as was stated by the chairman of changed, but we propose to give him an opportunity to do so. As the committee, the Senato1· from Ohio; but ;my purpose, Mr. Presi· to the benefit of the transaction, I will speak of that presently. dent, in seeking the recognition of the Chair-was to make a sug.. :Mr. McCOMAS. Mr. President, I am surprised that there should gestion to the chairman of the committee, the Senator from Ohio, be this difference and discuesion. The distinguished ~enators seem and if he will allow me to turn back to page 4, lines 10 to 12-and to think, in the di>.;cussion with the chairman in charge of the bill, I ask the attention of the chairman of the committee, the Senator that somebody somewhere is injured and the United States some from Ohio-- how has profited. The suggestion is original and primary here. 1\Ir. FORAKER. I am looking at it in the bill. The commissione1· examined, and bis report is full, and reported Mr, McCO~IAS. In lines 10, 11, and 12, on page 4, I want to to the President, the Governor-General of Puerto Rico so reported suggest to the chairman whether be had not better, between now and testified before the two committees of Congress, and every and to-morrow morning, make a slight change in the language_. person, native or i·esident in the island, who testified said not I would suggest that it should read, "That whenever the legis only that this ratio of exchange of coins to put the people upon lative assembly of Puerto Rico shall have enacted a local law to the permanent and sliable cun·ency of our country is just and ade provide for tbe s11pport of the government of Puerto Rico by this quate, but uniformly testified that it is most liberal to the people act established," etc., the President shall proclaim. of Puerto Rico, _and the people of Puerto Rico who were interro Mr. FORAKER. I trust the Senator will not ask us to go back gated on that subject were quite pleased and uniformly assented to that now. I am trying to get the amendments disposed of in to the proposition. their order; but I will take into consideration the point suggested The distinguished Sen'ator from Georgia [Mr. BACON] seems to by the Senator, if there is a point in it. be troubled about some 40 per cent, as if there were a Puerto Mr. McCOMAS. I will make my suggestion. I shall not ask Rican dollar, denominated a peso, which, by section 10, is to be to go back now, but I will suggest, under the well-recognized law come depreciated in value 40 per cent. The p&so has a distinctive on that subject, the language as it now is might be construed to value in co-relation with our own currency. Those who a1·e con leave a discretion to legislate elsewhere, either iµ the President or nected with out' customs, those who are concerned in the tl'ade, in the legislature of Pu.erto Rico. In the case of Field vs. Clark, those who made reports to the Executive, and those.who have tes in 143 United States Reports, it was there held, in respect of the tifi.ed are unanimous in the agreement-there is no exception~ President's proclamation as to reciprocity by a majority of the that this is a wise, just, and liberal provision, Nobody makes court, the Chief Justice and one other dissenting, that because in anything by it except the people of Puerto Rico, and I think the that act the President was simply to proclaim a fact when he as testimony will show that according to the exchange of pesos in certained it, and then to proclaim the cessation of certain duties, the last couple of years from Puerto Rico, in foreign trade, in the there was no discretion or legislative power. In looking at this payment of debts, under this proposition the citizens of Puerto language it seems to provide that the President may make a proc Rico would make a fraction in the advantage of the exchange. lamation when ''the legislative assembly of Puerto Rico shall have There is a proviso here ''that all debts owing on the date when enacted and put into operation a system of loeal taxation to meet this act shall take effect shall be payable in the coins of Puerto the necessities of the government of Puerto Rico by this act estab Rico now in circulation or in the coins of the United States at the lished." It is a discretion~ rate of exchange above named." It leaves open, in that relation, Mr. SPOONER. 'l'hat is not all. · to the debtor- Mr. McCOl\IAS. "And shall by 1·esolution duly passed," etc. Mr. BACON. Will the Senator from Maryl&nd permit tne to But it seems to me, to avoid anytrouhle, it will suffice if the legis ask him a question? lature of Puerto Rico shall enaqt a local law to provide for the Mr. McCOMAS. Certainly. J:Jupport of that government. That is an act which can be made :Mr. BACON. Of course we all understand that the silver is known to the President, whether it does meet the necessities, or scattered all through the island, in the pockets of the people. The whether, indeed, it be intended to meet the necessities. It seems question I wish to ask the Senator is this: If this bill provided simpler, to guard against the danger of saying that either the legis that the party who brought Puerto Rican silver to the United latl,lre of Puerto Rico or the President may legislate, to use the States mint to be coined should receive the full coining value of simple phrase "That whenever the legislative assembly of Puerto that silver, would it not raise tbe value of every silver coin in the Rico shall have enacted a local law to provide for the support of pocket of every poor Puerto Rican 40 per cent over what it now is? the government hereby established," whether it falls short or is in Mr. McCOMAS. I think not, Mr. President. The uniform tes excess of the support and maintenance of that government, and timony of everybody is that in foreign exchange and domestic upon the ascertainment by the President that the act has been contract and payment of obligations tb.e rate of VO per cent is lib passed simply for that purpose, and they have resolved that he eral and overliberal in the adjustment. If the Senator from Geor· shall be so informed, he shall then proclaim, and the featUI'es of giais askingmewhatistheequivalent face value of a peso, accord this section shall be noneffective. ing to its legal definit,ion in Spain and in Puerto Rico, the amount I only suggest that point; I will not now make a motion; but it may or may not be a little in excess of 60 per cent. But my point seems to me the language wHl be beyond cavil H we simply say is that everybody who deals in Puerto Rico, every government that when they pass an act, a local law, for the support of the functionary, all the people there tbink this is a most wise and local government intended to be established by this a-ct, and they liberal provision for them. .And why shouJd tbe proposition thus shall l>y resolution notify the President that they have passed such vex the soul of the Senator from Georgia, if everybody concerned an act, that thereupon he shall make proclamation, and under the says it is liberal to them? rnling of the majority of the Supreme Court in Field vs. Clar~ Mr. BACON. The Senator will pardon me. He has not an the statute wonld be safe from the objection either that the Pre$j~ swered my question, and I think there can be but one answer to dent legislates or that the assembly of Puerto Rico legislates. it. ·Regardless of what may be the present exchangeable value of I suggest to the chairman whether the language I have sug Puerto Rican silver, so soon as the bill passes by which all Puerto gested will not be an improvement in that direction. I merely Rican silver can be coined into American standard legal-tender wish now to bring it to his attention. dollars, of course that bullion is worth a. hundred cents on the Mr. FORAKER. I will say to the Senator that I have given dollar. that matter consideration before, but I will again take it up, in 3480 CONGRESSIONAL RECORD-HOUSE. MARCH 29, view of what the Senator has stated, to see whether there is any HOUSE OF REPRESENTATIVES. t1·ouble about it. There is not at present. Mr. MORGAN. I was unable to get the Senator from Ohio to THURSDAY, March 29, 1900. make a statement, which I hoped he would be able to make, as to The House met at 12 o'clock m. Prayer by the Chaplain, Rev. whether or not the pesos were a legal tender for debts in Puerto HENRY N. COUDEN, D. D. Rico at the time we acquired the islands. The Journal of yesterday's proceedings was read and approved. Mr. FORAKER. Is the Senator informed about that? LEA VE OF ABSENCE. Mr. MORGAN. I am not; but I have always believed that the By unanimous consent, leave of absence was granted to Mr. pesos were legal-tender money. BROSIUS, for one week, on account of important business. Mr. FORAKER. I am of the opinion that they were; but they HOUSE BILLS WITH SENATE AMENDMENTS. were worth, although a legal tender in the payment of debts, only The SPEAKER laid before the House the following House bills the ratio indicated. with Senate amendments. Mr. MORGAN. Oh, no. The amendments of the Senate were severally read. Mr. FORAKER. By the rate of exchange provided. On motion of Mr. SULLOWAY, the amendments were con- Mr. MORGAN. Oh, no; no government in the world ever pro curred in. vided that the money that it coined should be a legal tender at the A bill (H. R. 1763) granting a pension to Ella F. Sydnor; commercial ratio as between that and gold. A bill (H. R. 3012) granting a pension to Sarah Claggett; Mr. FORAKER. I did not say that. What I said was that A bill (H. R. 6700) granting an increase of pension to Maria. that money was never at any time since we have had anything to Andrews; do with Puerto Rico at any greater value when compared with A bill (H. R. 3538) granting an increase of pension to Charles our money, nor as great as the rate of exchange established by Ross; Executive order. A bill (H. R. 470) granting a pension to Jane Dykes; Mr. MORGAN. I understand that perfectly; but the poor Puerto A bill (H. R. 6701) granting a pension to Serelda C. McGrew; Rican can go and pay his debt of a hundred dollars with a hun and . dred pesos; and he can do that, notwithstanding the commercial A bill (H. R. 2597) granting an increase of pension to Charles value may be only 40 cents on the dollar. Kauffung. Mr. FORAKER. Or he can do it with $60 of American money. JOSEPH BACIGALUPPI, Mr. MORGAN. He can not, because the American money is The SPEAKER also laid before the House the bill (H. R. 5139) not legal-tender money there, unless it has been made so by some for the relief of Joseph Bacigaluppi, with Senate amendments; military law. which were read. Mr. FORAKER. It is to be made so by the provisions of this Mr. JENKINS. Mr. Speaker, I move that the House concur in proposecJ. act. This act explicitly provides for that. the Senate amendments. Mr. MORGAN. I am speaking of what exists there now, and The motion was agreed to. not what will exist. MINNESOTA AND MANITOBA RAILROAD COMPANY. Mr. FORAKER. What exists there now, if the Senator will Mr. EDDY. Mr. Speaker, I a-sk unanimous consent for the pres allow me, we are not responsible for. ent consideration of the bill which I send to the Clerk's desk. Mr. MORGAN. We are. The Clerk read as follows: Mr. FORAKER. Well, in a certain sense we are, of course. A bill (H. R. 8876) granting the right of way to the Minnesota and Manitoba Mr. MORGAN. In every sense we are. Railroad Company across the ceded portion of the Chippewa (Red Lake) In Mr. FORAKER. We went there upon our own motion; but I dian Reservation, in Minnesota. mean we did not put that money there, or give it the value that The bill was read at length. ilh~. . The amendments recommended by the Committee on Indian Mr. MORGAN. I do not propose to detain the Senate more Affairs were read at length. than three or four minutes; but I want to put in the RECORD this The SPEAKER. Is there objection to the present consideration evening, so that Senators can see it, the statement in the report of the bill? made by General Davis. He says: . Mr. MADDOX. Mr. Speaker, I would like to ask the gentleman a question or two before consent is given. It is impossible to ascertain more than approximately what is now the volume of the circulating medium. Some li"'ht is thrown upon this by Mr. Mr. EDDY. I did not hear the gentleman. Carlos Soler, the subdirector of the Banco Espanol de Puerto Rico, whose Mr. MADDOX. Is this bill reported by the Committee on In- letter dated August 10, 1898, will be found in the appendix. He estimates the dian Affairs? amount of provincial silver placed in circulation at 6,576,000 pesos, and the copper at 70,000 JJesos, giving a total of 6,6!6,000 pesos. Disregarding the gold Mr. EDDY. Yes, sir. noted in Mr. Colly Toste's statement, it would appear that Mr. Soler's total Mr. MADDOX. Unanimously? exceeds the other by about U9,i;xx> pesos...... Mr. EDDY. I will say to the gentleman from Georgia that the Respecting the volume of this Puerto Rican comage remarmng m c1rcula t.ion at this time, no better information is at hand tl1an thitt contained in Mr. ceded portion of the Red Lake Indian Reservation-- Soler's letter, cited above. It will be seen that he places the silver at 5.875,0CK.I The SPEAKER. The gentleman will suspend until order is vesos, and the copJ.>er at 45,000 pesos, giving a total of 5,920,000 pesos. He also obtained. states that the estimated sum of 600,000 pesos has been sent or taken out of Mr. MADDOX. I want to inquire of the gentleman from Min- the country by the returning Spanish troops and private individuals; but as this silver peso is worth in Puerto Rico about 20 cents more than anywhere nesota if the bill was reported unanimously from the committee? else it is safe to assume that it will all drift back here in time. and therefore Mr. EDDY. Yes. it should be taken into account in any study of the currency of this island. Mr. MADDOX. The Committee on Indian Affairs? As respects the volume of American money now circulating, it is impossi ble to furnish a satisfactory estimate. Mr. EDDY. The Committee on Indian Affairs. Mr. MADDOX. It is a long bill- I just want to add one statement which I believe to be a fact. Mr. EDDY. If the gentleman from Georgia will permit, I will The larger part of the money in Puerto Rico must be in the hands say the ceded portion of the Red Lake Indian Reservation occu of the laboring population. The men who came here to testify pies a peculiar legal status. As the gentleman is aware, there is before this committee were doubtless men who had influential re a general law providing for a right of way across the public do lations in Puerto Rico and probably were moneyed men there. Let main of the United States; there is also a general law providing us get hold of these poor working people down there and find out for a right of way across Indian reservations, which passed in 1899. what will be the effect upon them. · When this Minnesota and Manitoba RaHroad reached the western Pass this bill, and they will sell their dollars that they work for boundary of the ceded portion, they applied to the Secretary of at 40 cents on the dollar to the men who came here to have these the Interior, under the law of 1875, for a right of way across this laws passed and men like them. Then those men will sell them ceded portion, supposing it was public domain. They decided that to the United States for 60 cents on the dollar, making 20 cents on it was not under their jurisdiction; that it was not public land; the dollar. The United States will then coin them into silver consequently they turned the matter over to the Indian Office, and legal-tender dollars and pay for them in those very dol1ars, or in they decided that it did not come under the law of 1899, because it dollars like them, making a profit of 40 cents. So that the profit of was not an Indian reservation; and so the Department advised 60 cents on the dollar that will be earned amongst them will come that a special bill be drawn to cover this particular case. The bill out of the laborer. It goes fil'st into the pockets of the usurers, was drawn by the Department, amended by the Department, and who have mortgages upon property at 24 percent per annum, and unanimously reported by the Committee on Indian Affairs. 40 per cent of it goes into the hands of the United States Govern Mr. RICHARDSON. I would like to ask the gentleman respect ment. I am willing to let the argument rest there. ing the amendments. I could not catch them exactly as they were Mr. FORAKER. I move that the Senate adjourn. read. I had not a copy of the bill before me. What is the effect The motion was agreed to; and (at 4 o'clock and 55 minutes of those amendments? Are they committee amendments? p. m.) the Senate adjourned until to·morrow, Friday, March 30, Mr. EDDY. They·are committee amendments, proposed by the 1900, at 12 o'clock m. Indian Office.