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transportation of liquors from any State or Territory or the District of teen minutes on each side should be allowed for the discussion of this Columbia into another State, contrary to the law-to the Select Com­ bill. mitree on the Alcoholic Liquor Traffic. Ur. KILGORE. That is correct, but I am not insisting now on pur­ Also, petition of G. W. Lycett and 180 others, citizens of Jefferson suing that order ns far as I am concerned. Several other bills have

I, County, Ohio, in favor of restricting foreign immigration into the come over under the same order. The gentleman from Missouri [Mr. United States-to the Select Committee on Immigration and Natural­ STO:NE] has charge of some of those bills. An order-was made for two ization. hours' debate upon those bills, one hour for ea.ch side, and he desires, I Also, petition of Hon. Thomas S. Lussock and 202 others, citizens presume, to consume the time which is to be allowed to him, which I sup­ of Guernsey County, Ohio, praying for the restoration of silver to its pose will be one hour. Now, I am willing that these four or five bills constitutional place as a money metal, with the 81\m~ rights of coinage shall all be taken up under the order of the House and that the time al­ and legal tender as existed prior to 1873-t-0 the Committee on Coinage, lowed for their discussion shall be given to the bills controlled by the Weights, and Measures. gentleman from Missouri [Air. STONE]; and in view of that I have Also, petition of A.G. Kaufman and l60others, citizens of Jefferson nothing to say myself upon tbfa bill at this time. County, Ohio, . for restriction of foreign immigration into the United Mr. LANE. Mr. Speaker, I wish to say, in reply to what the gen­ States-t.o the Belect Committee on Immigration and Naturalization. tleman from Texas [Mr. KILGORE] bas l5tated, that there is nothing Also, resolntions of various posts of the Grand Army of the Republic, in common between this case and the other four bills to which he re­ approving and indorsing an appeal to the loyal people of the United fers. He states that there were five bills brought over from last Fri­ States and their Representatives in Congress, by Alvin P. Hovey, pres­ day evening under the order of the Honse, to be disposed of this morn­ ident of the Service-Pension Association of the United States of Amer­ ing, and he intimates that all those bills are of the same class and arc ica, and praying the Fifty-first Congress of the United States to pass to be considered t.ogether. I wish to say that this claims to be separate nn act giving to every soldier, sailor, and marine who served in the from the other four. They tum upon an entirely different question, Army or Navy of the United States between .April, 1861, and July, and there is no reason why this one should be considered with them. 1865, for the period of sixty days or more, a service pension of $8 per This is the case of an increase for a widow. The ground of the increase month, and t.o all who served a period of exceeding eight hundred days is, namely, that her husband serv-ed in one capacity while he held rank an additional amount of 1 cent per day for each day's service exceed­ in another, and when he died the widow drew the pension for the lower ing that period, in accordance with the resolutions of the Grand Army rank when, as n. matter of fact, she should have drawn a peni:.ion for .. , of the Republic passed at Columbus, Ohio, in September, 1888, and the.service which her husband had actually rendered. This bill passed Milwaukee, Wis., 1889-to the Committee on Invalid Pensions. the Senate at last session and was reported favorably by the House com­ By Mr.. THOMPSON: Petition of 47 ex-Union soldiers of Scioto mittee and placed on the Calendar, but failed to be reached. In view County, Ohio, for the passage of a service-pension law-to the Commit­ of these facts, unless some gentleman wishes to discuss this particula.r tee on Invalid Pensions. case I ask that it be now put upon its passage. Also, petition of 145 ex-Union soldiers of Jefterson County, Pennsyl­ Mr. KERR, of Iowa. Does this bill provide for a pension at the same vania, for the passage of the per diem pension bill-to the Committee rate that would have been allowed had the husband's commission been on Invalid Pensions. for the service he performed? By Mr. WILLIA.MS, of Illinois: Petition of Captain Utt, on behalf Mr. LA.NE. Not exactly. The regular pension for the service he of John H. Vincent's claim-to the Committee on War Claims. was performing would have been $30 a month, but on account of the By Mr. WILLIAMS, of Ohio: Memorial of Charles E. Louis and 42 extraordinary services which he rendered it is proposed to grant the others, in opposition to the passage of Honse bill 8278-to the Com­ widow a pension of $50 a month, au increase of $~0 a month above mittee on Commerce. what she should have received under the lnw. Under the law she Ry Mr. WILSON, of Missouri: Petition of A.. C. White, C. D. De would be entitled t.o draw $30 a month, 'but in fact she has been draw­ ' I • Armond, George N. Dragoo, and 112 others, citizens of Fairfax, Mo., ing only $25 when she was entitled to $30; so that the Government praying for the restoration of silver to its constitutional place n.s a will really lose nothing by this proposed increase. money metal, with the same righm of coinage and legal tender as ac­ Mr. FARQUHAR. What is the rank for which this widow has been corded to gold-t.o the Committee on Coinage, Weighte, and Measures. drawing a pension? _, Also, petition of Burroak Alliance, No. 88! Nodaway County, Mis­ Mr. LA.NE. The rank was "passed assistant surgeon.," when it souri, earnestly asldng for the passage of the Butterworth bill defining should have been surgeon. options and futures, the same being H. R. 5353-to the Committee on Mr. FARQUHAR. What was the character of the service rendered? Agriculture. Mr. LA.NE. This man was on the flag-ship with AdmiTal Farragut, '. By Mr. YODER: Petition of citizens of Allen County, Ohio, against which had yellow fever aboard, and he performed extraordinary serv­ _ the passage of House bill 8278, to amend an act to regulate commerce­ ices there. Admiral Farragut presented him a set of instruments iii to the Committee on Commerce. recognition of his meritorious services. Mr. KILGORE. Does the gentleman from Illinois [Mr. LANE] in­ sist upon the consideration of this bill separately? Mr. LANE. Yes, sir. This bill has nothing at all to do with the HOUSE OF REPRESENTATIVES. other four. It rests npon a different principle entirely. FRIDAY, .April 4, Mr. KILGORE. Well, I have no objection to its being considered 1890. separately. [Cries of "Vote!" "Vote!"] The House met at 12 o'clock m. Prayer by the Chaplain, Rev. W. Mr. CHEADLE rose. . H. MILBURN, D. D. The SPEAKER. For what purpose does the gentleman from In­ The Journal of yesterday's proceedings was read and approved. diana. rise ? Mr. CHEADLE. I rise for the purpose of submitting some remarks ORDER OF BUSL.~ESS. on the pending measure. Mr. HENDERSON, of Illinois. Mr. Speaker, I am instructed by The SPEAKER. The gentleman from Illinois [Mr. LANE] has the the Committee on Rivers and Harbors to report the resolution which floor. I send to the desk and ask its passage. It is a resolution of inquiry. Mr. LANE. I will yield the floor if any gentleman desires to dis­ The SPEAKER. The Chair is informed that the previous question cuss the bill. I thought there was no desire to debate the bill, as it has been ordered upon certain pension bills, which must first be taken has no connection whatever with the other four, but if any gentleman up. The Clerk will read the first bill. wishes to discuss it I will yield for that purpose. The SPEAKER. The Chair understood that the arrangement wns CA.TLE:YA LY.l\I.AK. that fifteen minutes on each side should be allowed for debate upon this The Clerk read as follows: bill if desired, and that the other three bills should be discussed to­ gether for one hour. A bill (H. R.. 5206) granting a.n increase of pension to Catlena. Lyman. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ Mr. LA.NE. The arrangement was that an hour on each side should thorized and directed to place on the pension-roll, subject to the provisions a.nd be allowed for the discussion of the other four bills, and that on this limitations of the pension laws, the name of Catlena Lyman, widow of Willia.m bill there might be :fifteen minutes' debate on each side. Nobody wishes C. Lyman, late surgeon, United States Navy, at the 1·ate of s,50 per month, in to oppose this bill, as I understand. - . lieu of pension now allowed her. l\Ir. LAWLER. There was no point made on this bill in the Com­ The SPEAKER. The question is on the engrossment and third read- mittee of the Whole. The point was made on the others. ing of the bilL · The SPEAKER. The arrangement seems to have been for one hour Mr. KILGORE. l\Ir. Speaker-- of debate on each side upon t~e four bills. The SPEAKER. Does the gentleman desire to discuss this bill? Mr. LANE. Yes, sir; but this is not one of the four. :Mr. KILGORE. I desire to make a statement in relation to it. The SPEAKER. And :fifteen minutes on each side upon this bill? There are four or five bills that have come over under the order of the Mr. LANE. Yes. Now, if anyone wishes to oppose this bill I am House to be disposed of this morning. willing to yield the floor; but nobody does, so far as I know. , The SPEAKER. The Chair understands that it was agreed that The SPEAKER. If no one wishes to oppose it, the question is on this bill should be debated for fifteen minutes on each side or that fif- ordering the bill to be engrossed and read a third time.

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1890. CONGRESSIONAL RECORD-HOUSE. 3011

Mr. KILGORE. I do not wish to consume any time in debate, but perish are now living in penury and want-not pensioned at all-I will ask the reading of the report in the time which would be allowed protest here against giving to any one any pension outside of the amount me for discussion. authorized by the general statutes of the country. I hope that the The SPEAKER. The gentleman from Texas [Mr. KILGORE] de­ amendment I have proposed will prevail. sires that the report be read in his time. Mr. LA. WLER. Mr. Speaker, I desire to have read a letter from the The report (by Mr. LANE) was read, as follows: Admiral of the Navy in reference to this case. The Committee on Invalid Pensions, to whom was referred the bill (H. R. The Clerk read as follows: 5206) granting an increase of pension to Catlena Lyman, submit the following report: OFFICE OF THE ADmnAL, Washington, D. c., April 3, 1890. This bill passed the Senate of the Fiftieth Congress, and the following report MY DEAR SIR: Mrs: Catlena Lyman ha.s applied to me for a letter to you in was made to the Senate on said bill, which report your committee adopt as their her behalf. own and which is in words as follows: Her bill (H. R. 5200) was reported favorably by Mr. LANE, from the Committee "The Committee on Pensions, to whom was re-referred the bill (S. 2626) grant­ a on Invalid Pensions, March 11 and it only now wants fa,·orable consideration ing a. pension to Catlena Lyman, widow of William C. Lyman, ha>e examined from the House to make her nappy. I ' the sa.me and report: When it is considered that the naval pensions are pa.id from the pension fund "That the claimant is now a. pensioner at the rate of $9...5 per month, the rate raised by the oflicers and men of the Navy from prizes captured from the enemy, allowed by law for her husband's rank, that of passed assistant surgeon in the we can not b'ut wonder why there should exist any hesitation on the pa.rt of Navy. Congress in granting pensions to the widows of officers and sailors, who in nine "Since the recommittal of the bill it is shown by additional evidence sub­ cases out of ten a.re left without means of subsistence, while Lhe Army, whicll mitted to thecommitteethat the husband, William C. Lyman, although having really has no fund to draw upon, is most libera.lly dealt with, and in most cases officially only the rank of passed assistant surgeon, did actually serve as sur­ their pensioners get double what is paid to those of the Navy. geon in the Navy in the war of 1861 with marked ability. He t-0ok the place of 'Ve feel this discrimination in the Navy keenly, especially when it falls upon surgeon at the United States naval rendezvous at Chicago. He had charge of tbe widow of a. deserving officer like Dr. Lyman, who faithfully performed his several ships in quarantine outside of New Orleans. He was in the expedition duty during the civil war. against the forts and fleets of the enemy in the Lower Mississippi. In the dis­ I could not undertake to specify all of Dr. Lyman's services, but no doubt charge of bis duties there he took the yellow fever and only recovered after long Mrs. Lyman will make you acquainted with all the facts in the case. snfferinit. I ::uu always a friend to the widow, and I write now particularly to request "He served as surgeon on boa.rd the Portsmouth, the flag-ship of Admiral that you will do all in your power to obtain for Mrs. Lyman the pension that Farragut, and in recognition of the meritorious character of his services he re­ she asks. ceived a testimonial from the admiral, being a box: of surgical instruments, in­ I remain, very respectfully and truly, yours, scribed to him by that officer, which has been shown by the '\Vidow, in whose DAYID D. PORTER, Admiral. possession it is, to the committee. Hon. FRANX LAWLER, l\I. c., "The claimant lost all her property by the Chicago fire and is now without United States House of Representatives. means of support save the pension. '£he sum now pa.id her is inadequate. "The committee therefore recommend the passage of the bill." Mr. LA. WLER. Mr. Speaker, this letter was unsought by myself; it l'tf r. KILGORE. Mr. Speaker, I desire to make one statement in came to me through the mail. Time will not permit me to recount the relation to this bill. I state upon informa.tion given me by others­ services rendered by Dr. Lyman, particularly at the time the fever was not upon my own knowledge-that the beneficiary under this bill is raging, when he filled an important position, not by appointment, but now employed by the Government at a salary of $1,000 a year. If in the absence of the commanding officer. I did not expect there would this is true, I submit that the increased pension proposed in the bill be any opposition to the passage of this bill. ought not to be granted. I suppose the gentleman from Illinois [Mr. Mr. RILGORE. Will the gentleman allow me a moment? LANE] can tell whether it is true or not. The information has been Mr. LAWLER. Yes, sir. Mr. KILGORE. This report made by the gentleman from lliinois given to me from a very reliable source. : I\Ir. LANE. I do not know whether it is true or not. [Mr. LANE], from the Committee on Invalid PensioI_tS, recites that­ Mr. KILGORE. The pensioner in this case is now receiving $25 a The claimant lost all her property by the Chicago fire. month. This bill proposes to increase the pension to $50 a month. Is that true? Mr. LA.NE. I do not know whether this lady is now drawing a l\Ir. LAWLER. It is true; the fact is well known. salary from the Government or not, and I do not care. In preparing Mr. KILGORE. The report further states that- the report I did not ask what salary she might be drawing. I recog­ She is now without means of support save the pension. The sum now paid her nized the case as a meritorious one, and considered that she was entitled is inadequate. to the amount of money which this bill proposes lO pay. That was my Is that true? reason for reporting the bill, and the committee approved it. Mr. LAWLER. That was the question raised; I do not know any­ Mr. CHEADLE. I wish to make a parliamentary inquiry. Is this thing about those fact'3. bill now subject to amendment under the order? Mr. KILGORE. Is it not the fact that she is in the employ of the The SPEAKER. The previous question has been ordered, and, as Government at a salary of $1,000 a year? the Chair understands, the bill is not subject to amendment. Mr. LAWLER. I would like to ask you in return-- Mr. KILGORE. The order of the House was that the bill should Mr. KILGO RE. I am interrogating you now; you are on the stand; come up this morning with the right of discussion for fifteen minutes I do not propose to be cross-examined. on each side and the privilege of amendment. Mr. LAWLER. I will answer the gentleman, if he will state where The SPEAKER. The gentleman from Texas is right. he got his information. Mr. CHEADLE. If the bill is subject to amendment, I move to Mr. KILGORE. I am asking information of the gentleman from amend by striking out "$50" and inserting "$30." Tilinois. I suppose this statement which has come to me must be true; The SPEAKER. The Chair thinks that under the somewhat un­ and it must have been withheld from the committee or the committee usual order made by the House last Friday night the bill is subject to must have withheld it from the House. Somebody has been nncandid amendment. or somebodJ has given me incorrect information. And the gentlemnn Mr. CHEADLE. An order of that kind is very often made in refer­ from Illinois himself is not entirely candid or he would answer the ence to bills which are carried over in this way for a vote in a fall question one way or the other. House. I submit the amendment I have already stated. Mr. LAWLER. I will answer-­ Mr. ADAMS. I ask the Chair to consider whether the word ''amend­ Mr. KILGORE. Well. ment" as used in the order may not be construed as meaning amend­ Mr. LAWLER. I will answer that it is true-­ ments pending. That, I think, is the usual order entered with refer­ Mr. KILGORE. That is right.. ence to these hills coming over from the Friday night session. Mr. LAWLER. But the lady's health is so much impaired thatshe The SPEAKER. The order reads: wants t-0 -retire, and will do so! from that position, and with this pen­ The previous question to be considered as ordered, with the right of an amend­ sion support an aged mother. That is true. ment, and debate for fifteen minutes on each side. Mr. KILGORE. Nothing is said about that in this report. This language would seem to confine the right of amendment to one M:r. LAWLER. Well, I do not understand tha.tthe committee were amendment.. called upon to embody e>erything in the report. They have taken Mr. CHEADLE. I move to amend by striking out ''$50'' and insert­ this case on its merits; we have let the case rest on its merit.a. lleave ing "$30." I do not wish to repeat what I have said over and over again it there now. on this question of private pensions. I would not, if I could, detract one Mr. KERR, of Iowa. If the amendment has not already been pro­ jot or tittle from the well earned fame of the man who was the husband of posed, I move to amend so.as to make the amount of this pension $30. this widow. But I undertake to say that under our theory of Govern­ The SPEAKER. That amendment is pending. ment there can be no classes in widowhood. No widow can make a The question was taken on the amendment; and there were on n. greater sacrifice for her country than to yield up the life of her husband. di viai.on-ayes 92, noes 54. It has been deemed prouer under the general law to give to the widows of Mr. LA. WLER. Mr. Speaker, I ask for the yeas and nays on this one. class of officers 330 a month, to the;vidows of another class $25, of question. another $20, of another $17, and to the widows of private soldiers $12 The yeas and nays were refused, 23 members only voting in favor a month. If it be true, as stated by the ~entleman from Texas, that thereof~ the claimant in this bill is in the employ of the Government at $1,000 Mr. LAWLER. I ask for tellers on the yeas and nays. a year, in addition to receiving a pension of $25 a month, making in all Tellers were refused, there being 20 members only rising in favor of $1,300 a year from the Government., then in viewofthefact that thou­ the demand. sands of the widows of men who died that this Government might not Mr. SPRINGER. !S4'llot that one-fifth of the last vote?

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3012 CONGRESSIONAL RECORD-HOUSE. APRIL 4,

The SPEAKER. But it requires one-fifth of a quorum to order tel- appears from the committee report that her husband was in the Black le rs. Hawk war one month and twenty-five days. He joined a military or­ So the amendment was adopted. ganization in Illinois to protect himself against an uprising of sav­ 'l'l.Je bill as amended was ordered to be engrossed and read a third ages, just as be would protect himself against wolves surrounding time; and being engrossed, it was accordingly read the third time, and bis home. Ile does not appear to have been wounded or diseased. passed. Whether be was in a battle, or what be did, I do not know, nor does CONTESTED ELECTIO~-W ADDILL VS. WISE. the committee vouchsafe to inform us. He did live to be an old man, Mr. LACEY. Mr. Speaker, I desire t.o announce for the information dying only about four months ago, aged over eighty years. Being an of the House that, under direction of the Committee on Elections, I old man in rather reduced circumstances, Congress passed a special act will call up on Thursday next for consideration the contested-election September 3, 1888, granting him a pension at the rate of $20 per month, case of Waddill vs. Wise. which he drew until his death, which occurred about the first of last December. MESSAGE FR03! THE SENATE. Inasmuch as Congress was liberal with the husband by supporting Amessagefrom the Senate, by Mr. McCooK, its Secretary! n.nnounced him at public expense, now hardly is he buried until the widow comes the passage of bills of the following titles; in which concurrence was re- and informs you, Mr. Speaker and gentlemen, that the only property quested, namely: she possesses is a town lot worth $250, and that she is old, feeble, and A bill (S. 2714) to provide for the purchase of a site and the erection partially blind, and asks that the pension of $20 per month granted her of a public building thereon at Aurora, in the State of lllinois; husband may be continued to her. Her claim has at least this merit, A bill (S. 2950) to provide for the purchase of a site and the erection that she is just as much entitled to it as her husband was, altbou~h of a public building thereon at Leadville, in the State of Colorado; and there is no pretense that his death was in any way connected with his A bill (S. 2163) to reorganize and establish the customs collection service of one month and twenty-five days. district of Puget Sound. The next bill is one granting a pension to Esther G. Bryant. Her PENSIONS-ELLlli~ SHE.A. I first husband died in the service on February 20, 1865. On May 13, The SPEA._KER. The Clerk will read the next bill on which the ' 1868, she remarried. '-!:'Yo years thercaft~r s~~ obtained a decree of di- previous question was ordered, coming over from last Friday. Ivorce on the grou~d of mtolerable seventy. Now she. asks to I>'-' re- The Clerk read as follows: stored .to the pe.nsion-rolls. . . A bill (H. R. 20.51J granting a. pension to Ellen Shea.. I ~bJeCt t.o th1~ sort of leg1sla~1on, first, because .she knew she would Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au- forfeit be~ penSion ~y ~on trading a secon~ marriage, ~nd ~ence sur­ thorized and directed to place on the pension-roll, subject to the limitatio~s and rend~red it vo~untar1ly, s.econ~, because thIS sort of leg1slat1on offers a provisions of the pension Ia._ws, the na1;De .of Ellen Shea, mother of Michael pre~mm on divorce. It IS as if you should say: "You can swap your Shea., late of Company A, Thu-t~enth llhno1s Volunteers. pension for a husband when you like, and if he doesn't suit you you Mr. STO~, of :Missouri. Mr. Speaker, there are four bills coming can swap back again." oyer under the order referred t.o by the Chair, and the agreement was r. am told t~ere used to be ~ law or a practic~ of the pepartm~nt that there should be an hour's debate on each side on them. which authorized the restoration to the rolls of women situated like The SPEAKER. The Chair will have to rule that the time can he Mrs. Bryant. But if there was sueh a law it bas been repealed or if exhausted on the first bil1. there was such a practice it has been discontinued. Whether it was Mr. STONE, of Missouri. Mr. Speaker, there are four bills coming one or the other a stop was put to it, presumably because the thing was over from the evening session of last Friday. It was agreed by unani- wro~g. If it was wrong to apply it generally it is wrong to apply it mous consent that I might control one hour in the discussion when the specially. . . . . - I first bill should be called up, to use the whole of it if I desired at one 1 The next bill ~s one grantrnp; a pension to Ellen Sh.ea, as the ~epend­ tirue. I stated then, as I do now, that wha~ I wish to say in regard to en~ m_?ther of Mich~el Shea,. d.eceased, who se~Yed m the Thirteenth all these bills I would say in one speech. I prefer to put what I have !ll1001s Cavalry di:rmg the civil war. The cla1~ of M_rs. ~nea was. re­ tosay in asinglespeech, as I can notexpres.s what I desire t.o in fifteen ~ected at the Pension ~~ce on January 27, ~880. Th~ bill, ora s1m­ minutes. I shall not therefore discuss the bills in the order m which ilar one, pa~ed the Fiftieth Congress, but did not receive theapproval they appear on the Calendar, but in the order rather of the service of of the President. the soldier. I have examined the papers on file at the Pension Office. This bill !selected tbesefourbillssomewhatatrandom from those .which were is predicated on the evidence on file there. The Surgeon-General re­ considered on last Friday night as illustrating the class of pension bills port.s that the .name_ of this soldi~r does not appear on any hospital r~~­ to the passage of which I object. The first of these is a bill granting a ord, t~ough his reg1me~tal. me!11cal _records are not on .file. Th.e m1ll­ pension t.o Keziah Randall. Mrs. Randall is a very old lady. She was tary hIStory of the s~ld~er IS given l;°- a ~eport made by t_he A~1utant­ born in 1789. She is also poor. She states that during the war of 18121 General to the CommlSS1oner of Pensions m 1884. He enlisted January her husband, with four others, went to Wareham and served about three 13, 1862, for three ye.'\!s, and was m~tered out January 20,, 1865.. He weeks as coast guard at the time the British sloop Nimrod was '' mak- wm1reported as d~rtrng at Memphis from the steamer Gladiator m Oc­ ing a raid along the shores of Buzzard's Bay.'' She says he also did tober, 1862. He IS subs~qnen~lyreportedpresent from October 31,1862, other service, being engaged alt-0gether about three months. When or to February 28, 1863, with thIS remark: how the ''other service'' was rendered or what it was does not appear. Reported on la'>t muster-roll as a deserter; since returned from arrest in Mem- She says, "He did not enjoy good health after returning home, and phis, Tenn., where he left. the boat without leave. thinks exposure in said service was the cause." It appears also that He was reported absent sick at Helena in July and August, 1862, she "disposed" of her husba,nd's knapsack and gun about fifty-five though the Surgeon-General certifies that his name is not on the records years ago. Several citizens of high standing at the claimant's home of the hospital at that place. He afterwards returned to his regiment "certify" that she is a woman of good reputation. The report of the and deserted from the steamer Gladiator in October, 1862, as I have committee contains this clause: stated, and was arrested and returned to the regiment. From August It also appears that claimant is unable to find anyone now living who served to October, 1863, he was reported present sick. He was not in any with her husband in the war of 1812, and no record of the service can now be hospital, unless it was a regimental hospital, and the nature of his dis- found. ease does not appear. During November and December, 1863, he was Thereupon the committee recommend the passage of the bill. absent on sick furlough. January and February, 1 64, he was absent Now, I sympathize with this old lady, as I do with all ladies who without leave. From March to .Tune, 1864, he was present. From are old and, unfortunately, poor. Bnt when I am called upon to levy June to October, 1864, he was present in confinement. For what he a tax on other people, many of them old and poor and already over- was confined does not appear. November and December, 1864, he was taxed, for the benefit of this one, I would like to know upon what wit.h the regiment, and was mustered out in January, 1865. That is ground such an act can be defended. Aside from the statement of the the military record of the soldier. He seems to have s1Jent a good part beneficiary herself, there is no evidence or pretense of evidence that her of his time in unauthorized absences and under arrest. husband ever rendered any service at all of any kind. Ile certainly Nineteen years after he left the service, on March 10, 1884, he was never belonged to any military organization. The only specified serv- caught in a snow-slide at Pitkin, near Woodstock, Colo., and lost bis ice that she says he performed was watching Buzzard's Bay about life, as did a number of others at the same time. On July 12, 188"1, three week's while a British war-ship was in its waters. the mother filed her application for a pension. Her declaratory state- She says "he never enjoyed good health" after that and she ment, upon which she bases her claim, is as follows, that her son­ '' thinks expo3ure in tqat service was the cause." It does not appear Contracted a fever, the nature of which claimant does not now remember, at what bis disease was, how much he suffered, or when he died. There Pilot Knob, Ark., which resulted in insanity, and from the results of which he is no merit in. the case from any proper legislative point of view. There died at Woodstock, Colo. • is nothing in the case unless the American Congress wishes to encourage That was her declaration, and the whole of it, as to the origin of her longevity by pensioning people who succeed in living a hundred years. son's disease and the cause of his death. Apart from her own state­ I doubt, however, whether there is a gentleman upon this floor who ment, the only testimony she offered to support the declaratory state­ would not enter into a solemn contract under seal t.o remain in this ment which I have quoted were two affidavits made at different time~ "vale of tears'' a full century without any hope or promise of a pension. by the same man, one D..r. J. R. Bullock, of Waukegan, Ill. Those af­ The next bill is one granting a. pension to Elizabeth T. Garrett. It fidavits are very brief. One contains five lines of written matter, the

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1890. CONGRESSIONAL RECORD-HOUSE. 30l3 othe~ fifteen. Brevity is said to be the soul of wit, and perhaps I ought Ipeals of political trimmers, when the insatiable greed of selfish mo­ not to speak of that feature of the testimony, and I would not if, in being nopoly, and the aggressive arrogance of the Treasury looter should brief, he had also been more specific aud not so general in his statements. cease to dominate the Congress of the United States or longer to sup· One of the affidavits is as follows: press the independent and self-respecting members of this body. . Michael Shea was insane most oft.he time since he had brain fever, while a. I give it as my deliberate judgment, I state it as a fact, that no peo- soldier in the late war. I treated him when he was home on furlough. His ple on earth, since governments were instituted among men, have been mother took the best care of him. It is my opinion he co.me to his death from so despoiled and pl antlered in the name of patriotism and under the disease contracted while serving as a soldier in the late war. guise of pension laws as have been the people of the United States. That is the whole of that affidavit. The doctor was mistaken in his Mr. Speaker, it is the duty of every man of proper age and physical opinion as to the cause of death, for it was afterwards ascertained by ability to render military service to his Government when an emergency officers of the Pension Department that Mr. Shea was crushed or suffo­ demands it. I state this as true in a general way, without reference cated in a snow-slide. The other affidavit of this doctor is substan­ to possible exceptions, in the sense in which it should be applied to our tially to the same effect, except he says: conditions in this country. Patriotism inspires a prompt and volun­ l\Iicbael wandered o.way a.nd got killed while suftering from a disease of the tary performance of this service, but in the absence of willing hands to miud caused from a fever be contraeted after one of the battles during the wa.r. grasp the sword the Gov-ernment has the right when occasion demands Now, that is the entire testimony by which this claim is supported. to exact even a reluctant performance of this public duty. The Gov­ If there is any other, I could not find it. There are three or four other ernment has the right to offer such rewards and inducements as it may affidavits among the papers made by the nei~hbors of Mrs. Shea, but deem expedient to secure voluntary enlistments into its military serv­ they relate wholly to other matters, such as the marriage of the p2>r­ ice, and whatever it promises on this account, being in the nature of a ents, the Birth of the soldier, his residence with the mother both be­ contract, should be kept with scrupulous fidelity. Whatever it offers fore and after the war, and to things of that sort. in the way of wages, bounties, pensions, or whatever else, should be There is also a petition signed by thirty-nine ex-soldiers, asking that paid to the uttermost farthing. That much the soldier has an un­ a pension be granted this lady. But not one ot them, neighbor or sol­ qou bted right to demand. But beyond that he has no legal right. dier, has testified that Mr. Shea was insane or of unsound mind. The The Government is obliged, in the exercise of good faith, to go to the whole case rests on the vague, brief, unsatisfactory statements of Dr. utmost limit of its promise, and the soldier has the right to demand Bullock. It is remarkable that no comrade of this man could be found that the Government shall do so. .But at that point the question of to say a word in support of this case. Where are the regimental sur­ legal obligation upQn the one hand and the question of legal right geons? Where are all bis officers and comrades, that not one can be upon the other are exhausted. I do not say that the Government found to speak? Where are all the neighbors, that no one could be should stop there; I do not say it should not go further in voluntary found to give a tnll and complete statement of this case? The attorney beneficence. My statement is that when the Government has per­ who filed Mrs. Shea's application was Louis K. Gillson, of. Chicago. formed its express promises it bas discharged its legal obligations, and On October 28, 1884, he wrote the Commissioner of Pensions, withdraw­ the men to whom those promises were made have no lawful claims be­ ing from the case, stating that be had begun it under a misapprehension vond them. of the facis. He said that he did not know when he :filed the applica­ • Promises of the kind I speak of made by the Government, however, tion that the soldier's death was due to a snow-slide, in which ''upwards are voluntary; they are not necessary. For, as I have said, the Gov­ of a dozen other persons who are admitted to have been of sound mind ernment bas the right to command the service of its citizens when were overwhelmed with him." there exists a -public need for it, and it is the duty of the citizen to­ Mr. Gillson concludes his letter as follows: render it. I hold it to be the duty of the citizen in times of desper­ I regret that I have been instrumental in causing such a case to be placed ate emergency to respond to the call of his Government, even without on file, but can say that my present knowledge, obtained by correspondence immediate regard to the question of compensation. Certainly he has with a gentleman who was at the place when the soldier lost his life, is quite different· from that derived from the statement ma.de to me by the claimant and a right to be compensated for any service, but where the emergency her friends. I think Mrs. Shea. honestly believes herself entitled to a pension, is imminent and the necessity immediate and pressing, the question or and I do not charge that she sought to pervert the facts, but she took a peculiar compensation may be deferred even until after the service has been view of them. completed. In such a case the citizen has a ri~ht afterwards to de- Now, Mr. Speaker, here is a man with anything but a reputable rec- mand ample compensation for bis service according to its nature. In ord as a soldier. Here is a claim based upon his service. The theory such a case there may be legitimate controversy between the indivicl­ is that he became insane from disease contracted in the Army, and ual and the public as to the extent of thecompemation to beawarded. wandered away in a demented condition and lost his life in the mount- But whoo compensation has been made the subject of antecedent con­ ains of Colorado. I would not like to say that going to Colorado is an tract, where it has been previously agreed upon! there is no ground evidence of insanity, for there were sane men there with this soldier for controversy. When the measure of compensation is fixed by prior who likewise lost their lives hy the same disaster. Besides, there are agreement, the public obligation is discharged and the individual claim gentlemen in Congress who think Colorado is a pretty good place to p-.o is satisfied by the execution of the contract. to. The evidence supporting the claim is exceedingly unsatisfactory. I have said this much because there seems to be an idea abroad that It can be allowed arbitrarily, but no just theory upon which pensions those who have served in the armies of the United States, ~pecially should be granted can justify it. Unreflecting and ill-considered senti- during the war of the rebellion, havesomerightorclaimagainsttheGov­ ment is the only basis for such a claim. ernment beyond and in excess of any promise or agreement made by the There are some pathetic letters among the files from Mrs. ghea. She Government at the time and as the basis of enlistment and as the con­ is poor and growing old. In one of her letters, dated March 30, 1885, I sideratlon for the service, a right or claim which it would be bad faith she says she lost two sons in the war-William and Michael. She says on the part of the Government not to recognize. I utterly repudiate both boarded with her before the war, one paying $3, and the other $1 and deny the existence in legal contemplation of any such right or per week, thus contributing to her support. Of Michael she says he claim. ''was more or less insane until his death one year ago. He wandered 'Vaiving any abstract question of duty, the fact is that every man away and got killed in one of his spells." who enlisted in the armies of the United States during our civil war Of the other son, she says: did so under a contract with the Government. The Goverbment pro; My son William was wounded in the ankle and one da.y his foot caught in the posed to pay certain wages, to furnish certain rations, to pay certain stairs. He fell down and broke bis neck. So you see I lost t.wo sons by the bounties, and in given contingencies to pay certain pensions to those war. who should volunteer to render service in its armies, and as the con- Mr. Speaker, it is against the passage of such bills as these I enter sideration for that service. So far as the Government proposed or my protest. Nearly all these thousands of claims coming into Con- agreed, by any form of action recognized as binding, to pay any pen­ gress have been rejected by the Department specially charged with in- sion to any volunteer or his dependents, it is the solemn duty of the vestigating them as being without merit. These rejected claimants Government to observe and execute that agreement in every particular. get the ears of Representatives in Congress, and bills are slipped through But I repeat, what I have already said, that when that is done the by wholesale. It is unjust to the soldier, the deserving claimant, and Government is discharged of its legal obligations. If the Government the tax-payer. And right here, Mr. Speaker, I desire to address some does not see proper to stop short at that point and close the books, if general observations to the House on this subject of pensions. it foels that it ought under the circumstances to go further and do more It is a question about which politicians generally, and members of than it promised, well and good. I do not complain that it has seen Congress especially, are oversensitive, and I fear my utterances on thIB proper to go further and do more than it promised; I heartily approve occasion will not, in their judgment, be in accord with the admonitions it. I believe there is a moral obligation upon the Government, as of prudent politics. But I can not help that; I clo not intend longer to binding in conscience as if it were expressed in contract, t.o care for be coerced by men whose judgment ot whose personal interest."'! would those who have been disabled in bearing its arms. I believe it would carry me along a line of action whicb they themselves place on no be a public shame if the Government refused or neglected to provide higher grounds than that of mere prudential policy. I think the time with reasonable liberality for the support of those who suffered perma­ bas come when the -truth should be known or rather when the truth nent and serious injury while engaged in its military service or for already known should be proclaimed from these Halls. I think the the needy dependents of those who perished in its defense. I should time has come when the visionary theories of impractical sentimental- have felt humiliated if the Government had refused to act with noble ists, when the artful dogmatism of demagogues, and the pathetic ap- generosity in this behalf. Still it must not be forgotten that whatever

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3014 CONGRESSIONAL RECORD-. HOUSE. APRIL 4,

the Government-that is, the people of the United States-may do or the statute-books which give to ex-soldiers who have been disabled a shall do along this line in excess of the original contract is a mere vol­ preference over all other citizens in appointments to the civil service of untary beneficence, and the recipient must accept it, not as the fruit of the Government. Again, by existing laws preferences and great ad­ legal right, but as the generous gitt of an appreciative patriotism. vantages are given to ex-soldiers, their widows, and minor mphans in How far the Government should go in this direction, bow far it enterinj:?: homesteads upon the publicbndsof the United States. They should extend these voluntary gifts beyond the obligations of its con­ are authorized to make homestead entries in person or by ngent on any tract, is ~question of public policy to be determined by the disposition of the public lands o1 the United States, including reserved sections and the will of the people. For one I think we have gone far enough. along tbe lines of land-grant railroads or adjacent to any public work That there are minor inequalities and iniquities in the existing laws of the United States. The law provides that the time which the soldier which should be adjusted, I have no doubt; that there are administra­ who makes an entry, or in whose name it is made, served in the Army tive defects in the existing system which should be removed, I am cer­ shall be deducted from the time generally required to perfect title, or, tain; but I am equally without doubt and equally certain that we if discharged on account of any disability incurred in the line of duty, should call a sharp and peremptory halt on the galloping gait at which then the whole term of enlistment shall be deducted, withoa t reference we have been riding this pension horse in recent years. I think every to the time actually served. consideration of personal patriotism, of national pride, of decent regard Mr. Speaker, the generosity shown by the people of the United for the interests of the great toiling masses who bear this enormous bur­ States to those who have served in their armies in unexampled in the den without at all sharing its benefits, requires of us that we should not annals of mankind. It is not only without a parallel, but there is noth­ dishonor generosity by excess nor make noble-charity an excuse for pub­ ing in history which approaches it. lic plunder. Still the cry is Jor more. There is a class of people in this country Mr. Speaker, before we determine what more we should do, it would dominating one of our great political parties who are interested in having be well to reeall what we have done. During the war, in 1861 an·d high taxation. In order to maintain high taxation, that there may be 1863, a comprehensive and liberal system of pension laws was enacted. an excuse for it, they are forced to create occasion for large expenrli­ Since the termination of the war, since the great armies called into the tures.· They found the ex-soldiers of the country in condition to be ap­ field to prosecute it have been disbanded and returned to the walks f proached. The Grand Army of the Republic had been organized Jor civil lile, a great mass of additional legislation bas been enacted, al ways social and benevolent purposes, and hundreds of thousands of men increasing in scope and liberality. For instance, pensions for the loss who had borne our arms were connected with it. Here was an oppor­ of both hands have been increased from $25 to $100 per month; for the tunity. They were approached by cunning artifice and misled by de­ loss of both feet from $20 to $72; for the loss of both eyes, or of one ceptive sophistry. Cautiously and gradually the poison of selfish de­ eye, the other having been previously destroyed, from $25 to $72; for sire has been breathed upon this benevolent organization until it bas the loss or total disability of one band and one foot from $20 to $36; become permeated by it. They have been led step by step to make , . for deafness from $13 to $30, and so on ad infinitum. I can not discuss this demand and that growing bolder and more aggressive from year ) the acts in detail. Pensions are provided for almost every possible to year, until the Grand Army of the Republic has degenerated into a disability, seriou or inconsequential, whether the result of wounds or great military-political organization, whose chief object now seems to disease, and ranging in amounts from $2 to $100 per month. The laws be to extort pensions from the Government. are as liberal with respect to the persons they embrace as in the sums The plutocrat has locked hands with the pretorian. One desires they give. exorbitant taxation in order that monopoly may be created or main­ Pensions are not only provided for soldiers who suffer a disability tained and tribute wrung from the hand of industry; the other de­ while living, but also for their widows and minor children under six.­ sires exorbitant taxation in order that redundant revenues may be teen years of age, and for dependent fathers, mothers, minors, brothers, raised for gratuitous distribution. They dictate the nomination of can­ and sisters of soldiers who fell in battle or have died during or since the didates and dominate the policy of parties. Weak men are intimi­ war of wounds received or disease contracted wbileon duty. The only dated, timid men are overawed, and demagogues crook the pliant hinges important limitation fixed by the law is that the death or disability oftbe knee that the thrift of offi(•e may follow personal fawning. Public must have been the result of the soldier's legitimate service while in men of all degrees and of all parti~ are flattered or driven into acqui­ line of duty. And that one limitation in the administration of the escence. Some demands are evaded or delayed by subterfuge, but law bas been most liberally construed. It has been held that an in­ scarcely a man in public life can be found bold enough openly to op­ fantryman who shot himself with a pistol, a species of arms not author­ pose them. ized in that branch of the service, while out on a foraging expedition The Presidency is put up and sold to the highest bidder. Thank God, in pursuit of a farmer's hog, was wounded in line of dnt,t. It has there was one grand man who declined to bid for it. [Applause.] He been held that a man injured in a wrestJingmatch wasdisabfed in line turned proudly from the temptation, no matter whether the bribe was of duty, on the theory tbat be was taking necessary exe1·cise . offered to him by the velvet band of the plutocrat or the mailed hand .. ''.. It has been held that a man shot at a dancing frolic, while two of of the pretorian. He stood for the people and the right, and, though · his companions, rival.$ no doubt for the smiles of some nymph of the be fell, he went down bearing the deathless reputation of wise and in­ night, were en~aged in combat, was wounded in line of duty. It corruptible statesmanship and enjoying the respect of every honest bas been held that a man who deierted the Confederate army, doffed man in America. [Applause on the Democratic side.] Mr. Speaker, ,_. the gray and put on the blue, was entitled toa pension, notwithst::md­ Didi us Julian us bought the Roman crown from the pretorian cohorts of ing a necessary doubt as to which master he served when the germ of that ancient empire and paid for it in glittering gold. Benjamin Har­ disease was contracted. It has been held likewise that a man who de·· rison is the Didi us Julian us oftbis century. He bought the Presidency. serted bi.q own flag, the flag of the Union, and abandoned dishonorably He paid so much in cash, raised by Wanamaker and Quay and distrib­ the cause he was sworn to defend, was entitled to share in this indis­ uted through men like Dudley to one class of people; the remainder criminate distribution of public money. I assert on the authority of he promised to pay in largess to another class. It was a princely promise General Blaek's report while Commissioner of Pensions that in no other he made. If he keeps faith the scruples of the apothecary must not country on earth can an instance be found where a pension is allowed be used when the demands of the Grand Army are weighed on the for services dishonorably terminated or marked by a disreputable record. scales of the Treasury. Oh, yes, Mr. Speaker, these liberal laws are most liberally construed. I know he shrinks now from the responsibilities of bis promise. I · And they are liberally administered. We have a great department know that all sorts of flimsy subterfuges are being resorted to to evade devoted exclusively to the business of auditing and settling claims for it. And no wonder. It would be a rare thing for a man who buys pensions. Itemploysaforceofmorethan 1,500 persons, wboare directly public office to keep faith with those whQ sell it. But there is no es­ engaged in the settlement of claims. In addition to these there are cape. The President and his party must keep their promises or break distributing agents located at convenient points throughout the country, them without excuse. He bas both Houses of Congress at his back, and more than 2,500 surgeons stationed in all sections of the country, rules have been adopted which prevent obstruction, and tben:i is no whose duty it is to examine applicants and aid them and the Depart­ reason why every promise made should not be kept. It will not do to ment in adjusting claims as speedily as possible. The Government keep one or two and break the rest. If you are honest men, if you did maintains this enormous establishment, employing a force exceeding not mean to deceive, yon must perform your whole contract, and not 4,0GO people. a tan annual expense of more than three and one-quarter merely a part of it. What is it you promised to do? What are the millions of dollars. Durin~ the fiscal year ending June 30, 1889, the extraordinary promises yon held out to seduce the Grand Army of the Government expended through the Pension Department alone $89, 131,- Republic and with which you obtained its support in the great strug­ 968.44, which was one-third of the total public expenditures for that gle of 1888? What are the promises you made which that organ­ year. This year the expenditures will amount tomorethan$100,000,- ization has a right to exact of you the complete performance of? What 000. are the demands it has the right, by virtue of solemn contract, to make Up to J nne 30, 1889, the Government had paid in the aggregate on upon you? Those demands have been formulated and presented to account of pensions the enormous sum of $1,134,993,775.63. In ad­ you here without any diplomacy of manner and with abundant em­ dition to maintaining this vast est>..lblishment for the consideration and phasis of expression. What are they? Here are some of them: adjustment of pension claims, the doors of Congress are always open, 1. The minimum pension now granted is $2 per month. You are re­ wide open, to those who have been denied at the Department and-come quired to raise the minimum to $4 per month. It ic; estimated by the ... - here in search of special relief. present Commissioner of Pensions that a statute of that kind will add Bffiides all this it should be remembered that there are laws upon $668,000 to the public burden.

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1890. CONGRESSIONAL RECORD-.HOUSE. 3015

2. You are required to pass a bill granting pensions to· all ex-prisoners Certain it is that ~ur military history is replete with shining examples of war, and in addition to pay them the sum of $2 per day each during of heroic effort and daring exploit, the story of which recounted stirs the entire period of their respective imprisonments. It is estimated the blood like a bugle blast; but it is not true that every man who ' .. by the present Commissioner of Pensions that such a law would require bore our arms was a hero or put on the uniform of a soldier purely from the immediate expenditure of $7,500,000 to pay the per diem of $2 the impulse of patriotism. Certain it is that much was endured and during imprisonment, and would thereafter entail an annual burden much suffered on the march, in bivouac, and on the red field of battle; of $3, 768,600. This bill, I am informed, has been already favorably re­ but it is not true thatevery man who bore our arms suffered grievously , . ported by the Hou. e Committee on Invalid Pensions.. in person or estate. 3. You are required to pass the dependent parents and widows bills I desire in this connection before I close to put in the record a few and other dependent bills. The pr~ent Commissioner of Pensions in­ statistics which may prove interesting and possibly instructive. In timates that such laws would entail an additional public burden of the report of the Commissioner of Pensions for the year 1888 I find a $35, 670, 000. . mass of statistics compiled by James S. Cowden and James D. Holman, 4. There is an existing statute which provides that arrears should special statisticians, under the direction of the Commissioner himself. not be allowed on claims filed after July 1, 1880, but that the pension I have compared a large part of th~e statistics with those compiled on such claims, when allowed, should run from the date of the appli­ from official sources in the War Department by Mr. Spofford, the Libra­ cation instead of from the date of the alleged incurrence of the dis­ rian of Congress, and find that they substantially agree. From these ability. It was suppo ~ ed by the authors of that mea.sure, passed years statistics I learn that the total number of men furnished by all the ago, that every soldier who left the Anny conscious of a disability States to the Union armies during the war from 1861 to l 865, for all would have his application filed by 18 0, and as abuses of the arrears purposes, was 2,778,304. This entire number, however, did not bear act were growin~ with alarming rapidity it was deemed absolutely arms. By analyzing the statistics I make it out that the men under necessary to tix some limitation upon the granting of arrears. Hence arms, that is the fighting force, exclusive of the regular Army, num­ the law to which I have referred was passed. But that was before the bered 2,514,670. The remainder were otherwise employed. Now, of Grand Army of the Republic became a great political factor. Now that these 2,514,670 men, 1,776,995 are set down in the tables as ''bounty organization comes and demands of you, Ur. President Harrison and men." These bounties were ot two kinds, those paid by the Govern­ gentlemen of this Republican Congress, that you repeal that limita­ ment and those paid by the local authorities. tion act and grant arreara to all who have had pensions allowed them The United States paid in bounties $300,223,500 and the local att­ since 1880 or whose pensions may be allowed hereafter, without re­ thorities paid $285,941,030, making the total bounties $586, 164,530. I gard to the date of application. The present Commissioner of Pen­ also find from the reports that the average service of pension soldiers sions estimates that such a law would require the expenditure of was two years and three months, and I take it that that will not be far $471,000,000. from the general average. If any one is curious to know bow much of 5. Not only do they demand that the minimum pension be raised this bounty each man received on the average and how much the share from $2 to $4; not only do they demand the ex-prisoners bill; not of each would amount to per month during the term of his service, be only do they demand the dependent parents and widows bill; not can discover it by resorting to very simple mathematical processes. only do they demand the repeal of the limitation-of-arrears act, but Whatever it was, it was in addition to the regular compensation of the they come also and demand that you pllSS a service-pension bill. Such soldier. · a bill, the present Commissioner of Pensions estimates, would entail There is another curious fact. In this A.rmy of 2, 514, 670 men there an additional public burden of $144,000,000 per year. were 123,190 substitutes, that is, men hired to enter the service. As! These are the demands made by the Grand Army of the Republic as understand it, those are exclusive of imbstitutes hired to take the place the condition~ upon which it offered its support in the memorable con­ of drafted men. Now it appears from a.table prepared by Mr. Spoff­ test of 1888, and these are the demands accepted and agreed to by Mr. ord in 1889 that there were 119,954 men who were put into the serv­ Harrison and bis party associates. It was an immense obligation to ice as drafted men or as their substitutes. Add the 123,190 substi­ a.ssume, but it was as.sumed, and it remains to be seen how faithfully tutes to the 119,954 drafted men, and we have 242,144 men of those you will keep it. two classes. Now, whether they are included in the 1, 776,995 "bounty That is your business. For myself I made no such promises. I fol­ men," I do not know. If they are not and we should add them to lowed down to defeat the banner of a man who refused to accede to any the ''bounty men" we would have a total of 2,019,139 men who re­ such demands and declined to make any such promises. I speak upon ceived either public or private bounties as an inducement to enter the this question from the high ground of untrammeled independence. I service or else were drafted. Subtract the 2,019,139 men from the have no campaign promises to keep, no election debts to pay. I shall whole fighting force of 2,514,670 men and we will have left 495,531 be influenced in my speech and conduct alone by my sense of justice and men who entered the Army without pecuniary inducement. This lat­ my conception.of public duty. Above all things I desire to be jnst­ ter number would be increased, of course, if the 242, 144 substitutes ·. just not only to the soldier and sailor who have served their country and draft.ed men are included among those designated in the tables as in any of its wars, but just likewfae to those hard-pressed and toilin~ "bounty men." It also appears that 199, 105 men deserted. millions who bear the heavy burdens of the nation, and who also serve These tables support my statement that although a wild wave of their country in those industrial pursuits which develop it and make patriotic excitement swept the country when the call to arms was •I it great. I believe in generous pensions; I advocate them. But I be­ sounded, and tens of thousands sprang instantly into line, still every lieve we have been generous enough already. Under the laws as they man who shouldered a musket did not do so from purely patriotic exist to-day every soldier who suffered a disability in the line of duty motives. .And I will venture the assertion that drafted men, that can obtain a pension. Under the laws as they exist to-day the depend­ hired substitutes, that men who thought more of the bounty than of ent relatives of every soldier who has died from wounds or disease in­ the flag, will not be the last to apply for a pension nor the least im­ curred in the line of duty can obtain a pension. portunate in urging their claims. I do not mean to say that every The pensions granted are liberal. The machinery provided and em~ man to whom a bounty was offered and who accepted it enlisted alone ployed for administering the law is ample. The facilities furnished for for the sake of the bounty. I have no doubt that thousands who re­ prosecuting claims are complete. Speaking for myself alone, without ceived bounties would have enlisted just as promptly if none had ever authority to speak tor any one else, and speaking I know against the been offered; but I feel equally sure that there were other thousands judgment ot many of my party associates, I declare that I have gone as who would never have enlisted at all except for the bounty. Bntwhen far in this direction as I intend to ~o; and I represent one of the largest we come to consider these new claims put forth on behalf of soldiers ex-Union soldier districts represented upon this floor. and when, in that connection, we come to consider what has been Mr. Speaker, as I have heretotore said, I believe that this Govern­ already paid to them, it is immaterial whether a particular soldier be­ ment baa been already generous to the verge of fault. But to hear the longs to one of the classes referred to or the other. It is important pension agents talk-these -pension lawyers to whom the Commisswner simply to know that-these bounties were paid. says he pays in fees for collecting claims more than $1,500,000 per year; In the tables of Mr. Spofford for 1889 I also find some interesting to hear the extravagant claims pot forth by the ex-soldier organizations statistics on the casua1.ties of the war. From those statistics I learn and by their official organs: to hear the florid and ill-considered declara~ tbat during the war 61,362 men were kilJed in battle and 34, 727 died tions uttered by many gentlemen upon this floor, often with a multi­ of wounds received. Treat all these as killed, add them, and the death tude ot dramatic contortions, one unacquainted with the facts would lo~s in battle will aggregate 96,089. That represents the number of men suppose that this was the closest and stingiest nation on the earth. slain during the war. Such an one would suppose that there is a great army of ex-soldiers, The same tables also show that during the war 183,287 men died of lame, halt, and sick, without the means to live or the ability to earn disease. Add those to the number killed, and the total death loss from them, limping about ignored and ne~lected by an ungrateful people. all causes amounts to 279,376. Such an one would suppose that at the beginning of the war men, in­ I take it that all these did not have wives or dependent relatives en­ spired alone by patriotic motives, rushed to the front with impetuous titled to pensions on their account. I personally knew of some who haste, filling the ranks of our armies with bouyantlife aud rosy health, did not. I venture to say that not over 200,000 of that number had while at the end of the war there was nothing leit but grave-yards and wives or dependent relatives, and that pensions have not been granted hospitals. Bot who familiar with the facts does not know that these to the relatives of more than that number of those who lost their lives pictures are extravagant and overdrawn. They are painted by those during their service. who deal in exaggerated metaphor. They are pathetic, but unraliable. But there isanotherandstilllarger class entitled to pensions, namely, t . .. •I

I . 3016 CONGRESSIONAL RECORD-HOUSE. APRIL 4,

those who were wounded or disabled, bat did not die. I have had no crease in the public burden on a.ccount of pensions may be illustrated means of ascertaining with certainty the number either so wounded or by referenc.oe to the expenditures made during the last three or tour diseased. Statistics of that character have not been preserved with years. In 1886 the expenditures amounted to $64,584,270.45, in 1887 reference to the civil war. But I can approximate it by comparison. to$74,815,486.85, in 1888 to $79,646,146.37, in1889to $89,131,968.44, There are such statistics with reference to other wars. From the rec­ and this year we will appropriate $100,000,000. Still the applications ords of the War Department Mr. Spofford bas compiled a table relative pour in; still the pension-rolls lengthen; and still the expense increases to the war of 1812, from which it appears that our military force in from year to year by millions. that war consisted of 471,622 men. The number killed during the Mr. Speaker, I can not tell with certainty the amounts expended for war was 1,877 and the number wounded was 3, 737. He bas also pre­ pensions in other countries. I have found one table, prepared by Mr. pared a similar table for the Mexican war, from which it appears that Spofford in 1879, from which it appears that the aggregate sum then the number killed and dying of wounds was 2,501 and the number being paid for pensions by five European conntrie.s, namely, Great wounded was 5,522. It will be observed that the number wounded Britain, France, Germany, Austria, and Belgium, was $31,002,050. I was about double the number killed. Applying the samo ratio to the have no doubt that the United States is to-day paying more for pen­ civil war, that is two wounded to one killed, the number wounded, sion~ than an the other nations of the earth combined. who survived their injuries, would be 192,178. We hear much about the enormous and almost insupportable bur­ Adopting the same basis for estimates with reference to those who dens imposed upon the peoples of Europe in the maintenance of their left the Army diseased, that is, two for every one who died, we will great standing armies. Austria maintains a standing army of 271,566 have 376,574 men accredited to that account. men at an annual cost of $55,116,248. France maintains a standing Now, faking these figures as a basis upon which to calculate the army of 541,472 men at an annual cost of $111, 689,400. Great Britain probable number killed, wounded, and diseased in any degree during maintains a regular army of 149,667 men atan annual costof'$83,515,- the war, the account may be thus stated: 640. Russia maintains a standing army of 871, 764 men at an annual cost of $131,649,250. ~~d~f "

• ' ~I •I

_,

1890. CONGRESSIONAL RECORD-HOUSE. 3017

into a general discussion of the pension question, but it seems to me The claimant in this case is one hundred years and six months old it is only proper that I should say a word in defense of the Committee and bas outlived every person upon whom she has any claim for sup­ ; on In valid Pensions, whose action has been attacked by the gentleman port. Although she bas reached this extreme old age, her mind is from Missouri. clear, and she realizes fully the fact that she is entirely dependent upon Mr. BUCHANAN, of New Jersey. I rise to a question of order. the charity of her neighbors and friends, and that but for that charity The congratulations being extended by the gentleman's party on the she would end her days in the poor-house. Her husband did serve in other side on the sentiments just uttered disturb the House. that war. I beg leave to correct the statement of the gentleman from The SPEAKER pro tetnpore (Mr. BURROWS in the chair). The House Missouri [Mr. STONE]. He says that the husband of this woman will be in order. served three weeks, while the report says that he served three months. Mr. MORR lLL. It must be evident to every member of this House It is true, as stated, that no record can be found of bis service during that it would be a matter of utter impossibility to so frame a general that war, and that I can easily explain. The large majority of the men pension law as to meet all of t.he meritorious cases which would nat­ of Southeastern Massachusetts enlisted in the war, and their names can urally arise under it. Cases arise and are presented daily of every con­ now be found on the rolls. ceivable shape; they come in every possible form-cases that are iso­ A small .number were left at home to take care of their farms, the lated, that are different in their character from any other cases that women and children; but when the British ship Nimrod came and can come up or that have ever been considered by the Pension Depart­ destroyed Falmouth and a portivn of New Bedford and adjacent towns ment; and it is for this purpose alone, for the purpose of making en­ and a vast amount of property, these young men started as a coast actments to meet such cases, that special bills are brought before Con­ guard and went with others to protect life and property; and there ·- gress, and that thousands upon thousands of such bills are presented they served faithfully until the ship had t-0 leave on account of their at each session of Congress to the Committees on Invalid Pensions of resistance. the House and Senate. The Committee on Pensions have given great attention to this case. These cases are carefully examined by the committee, and the merits They waited carefully until they could get such evidence as would of the case are set forth in reports as briefly as possible, and each indi­ prove to them conclusively the justice of this claim. There is a local vidual case is decided upon its own merits. The committee exerts, in history or diary, written at the time, giving every fact and every date the consideration of such cases, its best judgment-and gives t-0 each all and the names of those who served in that coast guard at that period the time possible. But I know, Mr. Speaker, that there are occasion­ of our history; and it is unquestionable that the husband of the claim­ ally cases which pass through the committee without merit, though ant served faithfully, and no claim was ever made for that service un­ from my own long experience on the committee I am satisfied that not til recently, when this poor old woman really required assistance, and more than one in ten is an improper case, or, in fact, is a case without your committee, after giving the claim careful attention, felt that it great merit. Nine-tenths of all of the claims reported by the commit­ was an act of justice to grant it, for her life can now be measured by tee, I am satisfied, ought to be allowed; and it is a fact, and all of the months, and it seems that this little pension of $25 a month should be old members of the House are aware of it, that the House has again gived her for the fow remaining months of her life, and I hope the vote and agdin, not only ratified the action of the committee, but bas even of this House will justify the committee in its action. .. ., gone beyond the recommendations of the committee in granting liberal Mr. MORRILL. I now yield fifteen minutes to the gentleman from pensions in such cases. Illinois [Mr. LA.NE], who reported one of the bills. Now, Mr. Speaker, the cases referred to by the gentleman from Mis­ [Mr. LANE withholds his remarks for revision. See Appendix.] souri, and selected by him as sample cases, will be considered in detail by the House. In the cases to which the gentleman refers, and which Mr. MORRILL. I yield fifteen minutes to the gentleman from Mich­ he has thus selected, it seems to me he has been singularly unfortunate. igan [Mr. CHIPMAN]. The case of Esther G. Bryant is a case where the husband of the claim­ Mr. CHIPMAN. Mr. Speaker, I have a very high regard and a ant died in the hospital while in the service. She afterwards con­ very great respect for the gentleman from Missouri [Mr. STONE], but tracted an unfortunate marriage, and subsequently secured a divorce I was surprised at the character of the remarks which he made this from her second husband on grounds which are fully set forth in the morning, and ·1 only regret that the time which is allotted to me is so report of the committee. Under the circumstances in this case the short that I can not follow the argument which he delivered here, that ' committee deemed it entirely proper that she should be restored to the ar~ument so carefully prepared and elaborated, as it should be followed. pension-rolls. And in this connection I desire to say that for many I think the gentleman was unfortunate, very unfortunate, in the years that was the general law, namely, that a widow of a soldier who selection of the case upon which be laid the most stress. Ellen Shea was receiving a pension, but who afterwards married, and the pension is an old woman. She was the mother of two soldiers. Two of her boys was thereby withdrawn, should, on the death of the second husband served the country. One of them was wounded, and, as a result of that or on her divorce from him, be allowed restoration to the pension-rolls. wound, an accident occurred to him by which his neck was broken. In fact, I think it will be generally conceded that good morals will The other incurred disease in the Army, which rendered him insane and sustain such a law; and I believe it ought to be the general law at made him a care and a burden to her during his life and which may present. AB the law now stands it tends to discourage marriage and reasonably be supposed t-0 have hastened his death. I say "may rea­ is against good morals. sonably be supposed," and if there is any doubt upon that point that But this soldier died in the hospital, his widow receiving a pension doubt should be resolved in favor of the mother. I have no fear that on account of his death; afterwards she remarried, wa.:i un1ortunate in the House will reject this old woman's claim, or her prayer, rather, for her second marriage, a divorce followed, and the committee simply re­ it is not a claim save as gratitude and honQr make it a claim upon the stored her to the rolls. Again and again have the committee recom­ country. mended similar bills, and time after time has the House ratified the Mr. Speaker, the general tone of the remarks made by the gentleman action of the committee. from Missouri shows that some of us begin to count the cost, that we In the next case, that of Ellen Shea, I will leave the defense of that begin to add up figures in regard to the pension system. I have heard to the able gentleman from Illinois [Mr. LA.NE], the member of the a great deal of talk in this House lately in that direction; and yet I committee who reported the bill. I simply desire to defend the com­ remember well the day when the cost was not counted, when we were mittee against the charge of hasty or improper action; for I know from prodigal of money, when we were lavish of blood, when the motives my own personal experience that the most patient and painstaking in­ which took men under the flag were not scanned and analyzed as they vestigation has been given in all of these cases by the committee. It is have been here in the cold blood of this discussion, when the man who jmpossible, of course, for the full committee to take up the papers in enlisted was the hero of the hour, when the youth, the very flower of each case and examine them, because there are such numbers of cases our land, with stalwart form, with rosy cheeks, and with flowing locks, / pending. If that were done but very few could be reaehed for consid­ went forth, beloved and regretted, but honored, to fight the battle for eration. To each member of the committee have been as.signed certain the Union. , cases for examination; and each member bas taken the evidence in the I remember all that well. Nobody stopped then to ask, as the gen­ . particular case assigned, carefully examined it in all its details, and re­ tleman from Missouri has asked this morning, what kind of patriotism ported the bills favorably which are believed to be meritorious. We they had; nobody was mean enough to suggest that those men went ·, have had certain rules of action, certain precedents have been estab­ out to risk their lives for the mere pittance of $13, $14, or $15 a month lished, and we have endeavored in the consideration of all of these cases and "hard-tack." The man who would have made such a suggestion to apply these rnles of action to them as they came up. as that would have been whipped and scourged from all deceat sodety; .- I have no desire, Mr. Speaker, to say anything further than to say he would have been treated almost as a rebel: he could not have lived that no committee of this House ha~ ever labored more earnestly, more in any community in which loyal sentiment prevailed. No one then conscientiously, to discharge their fall duty than has the Committee on talked of "Treasury looters," as if keeping from poverty and want the Invalid Pensions. men who served their country is looting the Treasury. No one then I yield five minutes to the gentleman from Massachusetts [Mr. RAN­ talked of "pretorian guards;" and I am amazed at the folly, the utter DALL], who reported one of the cases which is in controversy. stupidity, which induces any man to talk of them now. '' Pretorian Mr. RANDALL, of Massachusetts. Mr. Speaker, the first bill re­ guards'' on crutches! '' Pretorian guards'' with patches over their eyes, ferred to by the gentleman from Missouri was the bill (H. R. 6607) without arms, without legs, with gray haiq;, and forms bent with disease! granting a pension to Keziah Randall, Mattapoisett, Mass., widow ot "Pretorian guards" who have not the strength to raise their shields Richard Randall, who served in the coast guard, 1812 to 1815. above their heads! I would like to see this army of "pretorians" ·, .. ,,

3018 CONGRESSIONAL RECORD-HOUSE. APRIL 4, ~

ranged before the gentleman; and instead of being eloquent against until the last soldier who served his country in that war, and tbe last them, his heart would melt with pity and he would wish that he had widow of a soldier who served his country in that war, who suffer by never made this speech here this morning. [Applause.] reason of service done for the country, have died and been gathered to We are told that it was the duty of men to serve the country. That their fathers. [Applause.] is a beautiful theory; no one doubts it; yet did all men serve the coun­ Mr. MORRILL. I yield the remainder of my time to the gentle­ try? Did all men give two sons to it, as the widow Shea did? Did man from Iowa [Mr. DOLLIVER]. the .nen of wealth, did the men who had the greatest st.ake in the Mr. DOLLIVEI.<. .Mr. Speaker, I did not intend when I took ::i. seat .... country-did they, as a rule, enlist and fight the battle.~ of the war? in this Chamber to violate the golden rule of silence which the tradi­ Could all men go? Was it possible for a population to go en masse into tions of the House, for its own protection, have applied to the pro­ the Army? Did the Government make any such demand? Was there bationary term of legislative service. ever any such necessity? I am led from that purpose by the opportunityafforded bythe chair­ Whom, then, rlid we appeal to? Weappealed tothe young and hope­ man of the Committee on Invalid Pensions [Mr. MORRILL] to say a ful, to the men of sentiment, to the men whose enthusiasm would carry few words in reply to what has been said by the gentleman from Mis­ them beyond prudence, would carry them beyond all mercenary motives. souri [Mr. STO:NE] in regard to the rights of the veterans of the Union Those were the men we appealed to, and those were the men who went to Army. .And I take a deeper interest in the discussion because it bas "the front." Were they thinking of a. little bounty? Why, look at been said by a distinguished advocate of more liberal pension legis­ the troops from the Northwest, from Minnesota, from Wisconsin, from lation, in a public appeal to the loyal people of the United States, that Michigan, the men from -the farms, the decent men, the good men, the men born since 1850, knowing little or nothing of the real suffer­ the young men, and, as they proved themselves, the bra>e men! What ings and services of the civil war, can not be relied upon to do justice took them there? What motive had they? And yet, I repeat it, the to its surviving veterans. gentleman is here to-day in cold blood scanning their motives after the Speaking in a humble sense for the men born since 1850, I chal­ fact. lenge the truth of that suggestion. On the other hand, the young men We are determining as to what influenced the patriot who went forth of the United States, without distinction of party politics, recognize to fight tor his country, dissecting his heart, his patriotism. Why, Mr. that the most solemn duty of these times is to fulfill along the straight Speaker, we shall soon hear a question as to what motives influenced lines of justice the promises made by the American people when the George Washington. We shall soon hear a question as to what motives Union Army was recruited, and afterwards repeated when its worn and instigated all the patriots of the Revolution and all the patriots of faded regiments were discbar~ed in honor and in victory. [Applause.] every war. It seems from the gentleman's speech that there were They understand that in fighting for the unity of the Republic the some men who pt:rtormed great deeds and deserved great praise in the armies of the natibn carried on their swords the welfare of centuries last war; but if we are to judge by that speech the great mass of the and in their hearts the great hope of posterity. They understand that soldiers were unworthy men, mercenary men, and are not to-day en­ the success of the Confederate arms would have been fatal both to the titled to consideration at the hands of this Congress. In this he is form and substance of popular government in the world and tbat hu­ wrong-wrong in every degree, to every extent. man Rlavery was not only a felony against the slave, but an offense Now, Mr. ~peaker, the pension laws are insnffi.cient. We could not against the industrious millions of the earth. They have no ear for voices foresee the future, we could" not anticipate all the evil consequences of out of the past that reargue the case of the rebellion and restate the for­ internecine strife. The gentleman "cries a halt;" but the time to halt gotten apology of the ~lave power. They perceive distinctly that the has not come. The time to halt will not come until a reasonable pro­ effort to break up the Union into frn~ments was a blunder so stupendous vision is made for the necessities of every soldier in this country, neces­ that it hides its odious features only in the refuge of common charity. sities growing out of the war and out of the condition into which he So that to-day, even in the South, the generation born since 1850 un­ was brought by the war. There was his wasted youth-a youth gone derstand that the armed hosts of 1865, visiting upon Virginia and Geor­ forever. There were the hardships of campaigns which left ineradicable gia the desolation of war, were in a larger sense the enlisted regiments blights upon the peri.on. There were wounds of battle. There was the of civilization, fighting for North and South, for the American com­ .- fever, the gangrene of the hospital. There was the long march. I sup­ monwealth, for the generations yet to come. Feeling so and think­ pose all this is to be deemed sentiment now, but all these things, borne ing so, the young men of the United States, while they know little or in the heyday of youth and hardly minded then, are bearing their fruit nothing of the real services and sufferings of those memorable years, of suffering and misery. And all this must be paid for-no, not paid are ready to join in gratitude and affection with the veterans of the for, but tenderly assuaged. The gentleman speaks as if every duty to Grand Army of the Republic in the universal popular demand for jus­ the soldiers bas heen fulfilled, as if the pension laws are perfect. tice. Why, Mr. Speaker, we ne~d a service pension; we needa pension for I ba.ve heard it said on this floor that no nationbaseveryetprovided the widows of soldiers; we need better provision for the deaf, dumb, and so luge a fund for invalid pensions. That is true, for the plain reason blind who are left m these conditions by the war; we need a provision suggested by my friend from Michigan [Mr. CHIPMAN], that no na­ by which increases of pension shall be paid from the day on which they tion ever called into the field so great an army or ever discharged an are applied for, provided the disability exists at that time. We need army with so grievous an affliction of wounds and disease. Our pen­ act after act to make our laws efficient. And above all we need and sion laws from the beginning have been prone to discern the disability we ought to pass a law establishing a rule of testimony in the Pension of a wound and to ignore the less tangible but not less fatal infirmity Bureau by which the oath of a private soldier shall receive as much of disease. Yet the record shows that less than one-third of the death honor and credibility as the oath of a commissioned officer. There are loss of the Army is traceable to the accidents of the field. In the many things we need; there are many things which we ought to do. camps of contagion and in the prison more than 200,000 men met their The logic of the entire situation will compel us to those things-things last ()nemy. Fever, and hunger, and exposure did for them what in which are reasonable, things which are just, things which are de­ a less visible way they did for countless multitudes, who are now be­ manded bv the very best sentiment of the country. ginning to realize in failing health and strength the hardships of their It is said the pension-list is lar2e. Gentlemen must remember that service. we bad a large war. No war of modern times has equaled it. Over The gentleman from Missouri [Mr. STONE] protests for himself two millions of men enlisted and fought under the banners of the Union. against an increase of the pension-rolls on the ground that the Gov­ Some of them were killed in the war, on the battle-field; some languished ernment bas already made a liberal -provision for its veteran soldiers. away in the hospital or died in the Confederate prisons; some of them While it is true that much bas been done, it is equally certain that have since died of diseases contracted there; but many of them are with much remains to be done; so that I think a remark like that is either us now. I ask you. gentlemen, what will you do with those who are the invention of hostility or the hallucination of ignorance. What are with us now? Call them "pension looters?" Call them "preto­ the facts? Thirty-five men receive $1 a month. I can not imagine rians?" Tell them to go to the poor-house? Tell them to go and kill what form of disability this monthly allowance is intended to cover, themselves? Some of them are in disease and want because they nor can I suggest the delicate shading of disease that is relieved by the s~rved their country. What a.re we to do with them? Accuse them payment of $2 a. month, now received by nearly 27,000 men. Four that they live too long? Tell them that they ought to have met friendly men are on the roll for $2. 25, while in one case the law bas cnt a penny bullets in tbe days of their glory? Sir, they are here; they are with into vulgar tractions and passed to the ,pensioner's credit the quaint us. Thia country may soon-God grant the day may not come !-but and princely allowance of $2. 33k per month. To another we give this country may soon need another army of volunteers; and what in­ $2.50. ducement to patriotism will there be in poor-houses filled with the To five we give $2.66, ha.ving first weighed their merits upon bal­ veterans; with a class of honest, brave, meritorious, loyal men who are ances to separate them from the more fortunate eight who monthly called "lootersoftheTreasury," whoarestigmatizedasthe "pretorian receive from the Government they defended the sum of $2.66~. Fif­ r guard" of the country? teen hundred and fifty-six men have $3, while 331 get $3. 75. Sixty­ The time for a halt has not come; and so far as any argument made nine thousand are paid $4 a month, and 52,000more range between $4 this morning upon these bills is directed against the general pension and $6, receiving in many cases that highest proof of the Government's system and proceeds upon the ground that the system is extravagant, attention-an attention that often cuts copper cents in two and counts improvident, ill-judged, I protest against that argument. We will go the halves, as Providence is said to number the hairs of onr heads. further in this system, not extravagantly, not pinchin~ly, not with the Rising through all the gratles of addition from $6 to $8 we find 70,000 head or the heart alone, but with both combined. We must continue more provided for oftentimes to the fraction of our smallest coin. '. -.

1890. CONGRESSIONAL RECORD-HOUSE. 3019

In other-words, of the 356,000 soldiers now upon the pension-roll John Quincy Adams, in his :first message, describes the Revolutionary ·. more than 2:H,OOO receive between $1 and $8. Whatsortofa liberality pensioners of 1820 as " the venerable relics of an age gone by." In is that which counts out to a pensioner $12 a year, or $24, or $48, or $96? vain had the patriots of that day interposed their mfluence in behalf of I say that such a payment disparages both the nation and the claim­ their old comrades. The spirit of mercantile times had postponed the ant. Yet $8 a month is the accepted unit for total disability. Where day of justice till only a few tottering men were left to tell the story of did the idea, come from that a man could live in the United States on the Revolution; and the treatment these Teceived is one of the scandals $96 a year? That idea must have originated in an almshouse, must ot our national history. In rP..sponse to some such clamor as that which have been discovered in a garret. Yet we find it in the general pension a 1ew months ago emanated from the White Honse, at the time my act of 1818, when our fathers made provision for the survivors of the friend from Missouri says be was accustomed to fall down and worship Revolution. before its occupant, the act of 1820 was amended to strike from the In contemplatiag- roll all who failed to file a schedule of their earthly possessions, and Said Pr&;ident Monroe, in his :first annnual message- thereby demonstrate that they had in fact landed at starvation's gate. the happy situation of the United States our attention is drawn with peculiar It was against this bloodless provision of the law that Mr. Adams interest to the surviving officers and soldiers of our Revolutionary army, who asked a question which ought to be repeated in the ears of every Con­ so eminently contributed by their services to lay its foundation. Mos~ of these very meritorious citizens have paid the debt of nature and gone to their repose. gress until justice be done. '' .:M:ay not the want," said he, "in most It is believed th t among the survivors there are some not provided for by ex­ cases be inferred from thedemand, when the service can be duly proved, isting laws who are reduced to indigen.ce or even to re;a.l d~stress. These me_n and may not the last days of human infirmity be spared the mortifi­ ba'°e a claim on the gratitude of their country, and it will do honor to their count ry to provide for them. The lapse of a few yea.rs more, and the opportu­ cation of purchasing a pittance of relief only by the exposure of its nity will be forever lost. Indeed, so Jong already h as been the interval that own necessities?" To us the veterans of the Grand Army of the Re­ the number to be benefited by any provision which may be made will not be public, to whom my friend from l\Iissouri has referred, are not the great. relics of an age gone by. They are our futhers, our brothers, our friends, The act of 1818, passed after nearly all those to be benefited ''had our neighbors, our associates. If this Government is to reserve its paid the debt of nature and gone to their repose,'' has ever since served bounty for the >enerable relics of an age gone by, we may as well at the double purpose of justifying the dP.lay of Congress and of fixing as once complete the national humiliation by openJy discrediting the if by a divine revelation the maximum for total disability. national duty. Yet that law, at the time, was commonly accepted as a tardy correc­ The old soldiers stand before the public Treasury, not as paupers, tion of an almost fatal mistake, and the amount :fixed by its terms not as mendicants, not even as beneficiaries. They are the preferred would have been deemed discreditable if the Treasury had not had the creditors of the nation of America. They hold the bonds of the real excuse of being empty. Nevertheless, that historic space of forty years national debt. To its payment the public fai1b is sacredly pledged. .· is still the favorite measure of our duty as to time, and that historic We must not question it. We can not without infinite penalties repu­ $8 which in seventy years has seen the wages of every trade ad>ance, diate it. Norougbtwe to go into partnership with thegraveand plead th~ salary of every office multiplied, and the cost of decent living every­ the precedent that enables us to drive a hard bargain with old age. where increased, while it alone remains to suggest the narrow circum­ Now is the accepted time to complete the act of national gratitude. stances of our ancestors, is now paraded as a token of our liberality. Within twenty year8 the most of the veterans will be gone. Already I think it is time to shut our months on the question of liberality and the great commanders, except one, have joined the innumerable com­ look the demands of justice squareiy in the eye. pany of their comrades on the other shore. The great body of the Union veterans when they gave their names Every year time touches the wasting ranks with a heavier hand. to tlie Army were young men and poor men. In keeping step with Soon the last will have departed, and little children playing upon the the ra.nks they lost step with their generation; they got behind in the streets will hush their laughter to look with curious reverence upon bent race of business, and to-day many of them are burdened with poverty, and white-haired men, the last of the Grand Army of t.he Republic. more of them with disease, and all of them are in the shadows of ap­ I do not know what others may think, but in that day I want to feel proaching age. To them the nation's duty is limited only by its re­ that the public faith bas been kep~ in the ample measure of gratitude sources. In the words of Washington- and of justice. I shut my eyes while the busy :fingers of calculation It would be a comfortless reflection to any man that after he bad contributed compute the cost. It makes absolutely no difference what it costs. to securing the rights of his country at the ris k of life and at the ruin of his fortune there would be no provision made to prevent himself and fa.nilly from The defense of the Union was an undertaking so vast that no worldly sinking into indigence and wretchedness. arithmetic can estimate its expense. But the American people, with The American people demand that every one who bore a part in the eager patriotism, were ready to pay aU that it co~t to the last farthing. national service shall be protected from want, not with the pinched [Applause.] Nay, more, they were willing to bury their dead; they and starved gift of charity, but in the exact spirit of Abraham Lin­ were willing to put the si,gns of mourning upon nearly every family coln's great promise, to care for him who had borne the battle and for altar; they were willing to take back their loved ones from the hos­ his widow and his orphan children. I shall support every measure that pitals of disease, from the stockades of merciless prisons, that the flag looks towards the faithful keeping of that promise. I want to see the of the great Republic might live through the storm of battle. [Ap­ pension code of this country so simplified tbatan army of claim agents plause.] may not be required to convey to the pensioner the certificate of bis .My countrymen, it was a costly sacrifice; but it was worth all it cost meager allowance. I know a man in my own district, in the last stages and infinitely more. [.Applause.] And to-day there is not in all our of consumption, whoseclaim had been pending ten years. Upon pre­ borders one veteran of the civil war bot we are his personal debtor; senting the need of his situation I bad the satisfaction of seeing $10 a not one woman whose broken heart gave to the nation husband, or son, month doled out toadying man with a family on his hands. or brother, but we are her personal debtor; not one old man, stricken In my own town I know as gallant a man as ever fought for his coun­ by years, the staff of bis support taken a.way by the service of his try, who for eleven years has sat by the bedside of an invalid wife by country, but we are his personal debtor. [Applause.] night, and by day worked in weakness and bodily pain to support his I could not help feeling a sentiment of indignation when I heard family, whose claim is held up because his disease is remotely trace­ their necessities sneered at on the floor of this Congress. I say to the able to symptoms appearing before his enlistme1'ti. I say that, when gentleman from Missonri, and to you, gentlemen, that the need which the Government has found a man fit for the business of war and bas stands in p:ithetic eloquence behind the pressing urgency of the de­ - .... used him for that purpose for a term of years at the average wages of mands of the old soldiers of the United States is no badge of dishonor. 20 cents per day, it is in all equity estopped from referring his disabil­ [Applause.] ity to the diseases of infancy. The proving of a pension claim under It is rather a mournful witness, like the homeless lot of the Working­ our system has become more burdensome than a lawsuit. man of Nazareth. thattheywhowererichin the exultantwealthofyouth In these cases we :find a new rule of evidence unknown to the courts­ and strength for our sakes have become poor. [Applause.] And so a rule that determines a man's credibility not by his character, but when I hear men talking of the extravagance of pension appropria­ by his rank. Under this rule, as the gentleman from Michigan has tions and read in newspapers the idle babble that the old soldiers of the suggested, one officer equals two privates to prove a fact; that is to country are seeking to loot the Treasury, I reply that every dollar of , say, truth is more likely to be 1ound on horseback than on foot. I do the national wealth, in the Treasury and out of it, is encumbered not recite these examples of technicality and delay to disparage the first of all by the inviolable lien of our duty to the men and women present or any former administration of the Pension Office. I believe who thought not of their blood and their tears in the hour of the na.­ that the bureau has done the best that could be done under our system tional trial. [Applause.] with the facilities at hand. I recite them for the purpose of empha­ Horace Greeley, in the editorial columns of the old Tribune of the sizing the absurdity of sending a man for evidence of his disability to common people, just alter the war, foreseein~ the h_ardships that must comrades that are scattered, to officers that are dead, to surgeons that follow the return of the country to a sound currency, predicted that haYe forgotten the sickness occui ring in their own families. In my the popular discontent would be organized by demagogues and used to judgment the time has come to give an honorable discharge from the destroy the public credit. He was mistaken. For the American peo­ Union Army its par value, in graterul recognition of the heroic service ple stood in the midst of their shriveled and scattered fortunes for six which, in the wor is of Abraham Lincoln's message to the Congress ot patient years, deaf to every whisper cf seduction, and to-day among 1863, "gave to the world the home of freedom disenthralled, regener­ the money-changers of the world the Ame1ican promise is better than ated, enlarged, and perpetuated.'' Let us not repeat the ingratitude ot the shining gold. [Applause.] And for one I am glad that it is so. the past. I am glad that in all the earth there is no bank, no boarse, no narrow

-- • • I

3020 CONGRESSIONAL RECORD-HOUSE. APRIL 4, ., street of speculation that questions the credit of the United States of before the close of the present Congress. That is th,P only pledge that, America. [Applause.] But, before God, I bad rather see the whole as a party, we made, except the general pledge that we would be lib· framework of our financial system put to an open shame before the eral in our pensions to the Union soidiers. As bas been said by every world than to see tbecare-worn remnant of the old Union Army driven speaker who has spoken here to-day, this Government has contributed from the public Treasury by the money power of the United States, larger sums for the support of the disabled soldiers of the late war than holding in their trembling hands the broken promise of Abraham Lin­ any Government ever did because of any war. coln. [Loutl and prolonged applause on the Republican side.] I make this remark because you who during the last Congress were :Mr. FLOWER. Mr. Speaker, I believe there is a little of the time not able to secure any such legislation are making demands upon this remaining of the gentleman from Missouri? Ifso, I desire to occupy it. Congress and claiming that we made pledges that we never made. Just The SPEAKER. There are seven minutes of the time remaining. before the last election a message was sent here by the late President Mr. FLOWER. In that time, Mr. Speaker, I desire to occupy the advocating some general pension legislation; but the committee of this floor and to raise mv voice in favor of the Union soldier and the pen­ House never consideTed ihat message. They never made any attempt sion laws. In every war in which this country has been engaged, from to do it during the last Uongress, and I make the assertion that there the first War of our Independence until the Union war of 1861, it bas is no considerable body on that side of the House that has ever been in been the policy of the Government to give pensions, and liberal pen­ favor of taking any measures for the relief of the soldiers of the Union sions, to its soldiers. When these men in 1861 went to the battle-field, Army any further than has been made by the legislation now on the we promised to make their wives and children wards of the nation. I statute-books. We propose to go furthert and to provide that no man am in favor of carrying out that policy and that promise to-day. who was true to his country and suffered from disease or wounds in the I am one of those Democrats who believe-and I believe I voice the service or is a loser by his service, whether able to prove it or not, if he sentiments of every Democrat in the State of New York here repre­ is at present disabled, shall be deprived of the right to be placed upon sented-that they fought in a more just cause than any soldiers wh<> the pension-rolls. [Applause.] have ever preceded them. [Applause.] The question was taken on ordering the bill to engrossment for a. Napoleon fought to conquer. A poet speaks of him as one­ third reading; and tho Speaker announced that the ayes seemed to ... Whose game was empires and whose stakes were thrones, have it. 'Vhose table earth, whose dice were hnman bones. Mr. STONE, of Missouri. Division. .Alexander wept bemuse he had no more worlds to conquer. The Mr. MORRILL. I would like to ask the Chair which .of the four soldiers of the Old World fought to make their rulers stronger and bills this is. greater over themselves. But these Union men fought to make their The SPEAKER. It is the bill that bas been read. The Clerk will enemies equal to them. We made a line 3, 000 miles long to make you read the title. men of the South equal to us and to save this country as a common The Clerk read as follows: herita~e to you, your wives, and your children forever. [Applause.] .A bill (H. R.2057) granting a pension to Ellen Shea. I am in favor of carrying out the promises made at that time, when The House divided; and there were-ayes 93, noes 5. they w~t to the front. I think there may be individual cases in So the bill was ordered to be engrossed and read a third time. which it would be unjust to grant pensions; but there are hundreds of The question then recurred on the passage; and the Speaker an· cases that are left to dangle along in this House that are just and honest, nonnced that the ayes seemed to have it. and I hope they will speedily have their due. [Applause.] Mr. STONE, of Missouri. Division. Mr. MORRILL. Mr. Speaker, I believe I have a little time remaining. The House divided; and there were-ayes 87, noes 8. I will yield five minutes to the gentleman from Illinois [Mr. LAWLER]. So the bill was passed. Mr. L.A. WLER. Mr. Speaker, I do not want to take more t.han a The next bill read reported from the Committee of the Whole House minute or two. I listened very patiently to the speech very ably pre­ was the bill (H. R. 4132) granting a pension to Esther G. Bryant. pared by the gentleman from Missouri [Mr. STONE] and I am sorry The question was taken on ordering the bill to be engrossed for a that it wa.c:i not directed against other ca~es than those brought over third reading; and the Speaker announced that the ayes seemed to from the meeting on Friday night last. I only want to speak of one have it. case, that of Ellen Shea, which was mentioned by my colleague from Mr. STONE, of Missouri. Division. Illinois [Mr. LANE]. The House divided; and there were-ayes 77, noes 4. This boy did go into the war. He was continuously in the Army, So the bill was ordered to be engrossed and read a third time; and and though absent on one or two occasions, he did come ba.ck from the being engrossed, it was accordingly read the third time, and passed. war in this demented C<'ndition. His mother to-day, bad it not been The next bill coming from the Committee of the Whole House was for the entering of this boy into the Army, would ba.ve had his services, the bill (H. R. 6166) granting a pension to Elizabeth T. Garrett. and I am sorry to see an attack made upon a woman of seventy-six The bill was ordered to be engrossed and read a third time; and years of age, without any support from any source, and without the being engrossed, it was accordingly read the third time. support that her two sons would have given her, and dependent upon The question recurred on the passage of the bill; and the Speaker her neighbors for subsistence. This is one of the cases that have been announced that the ayes seemed to have it. made a special mark by my friend from Missouri. Mr. STONE, of Missouri. Division. I want to say right here that I introduced a bill in Congress that The House divided; and there were-ayes 73, noes 3. ought to have been considered and passed. It was a bill giving every So the bill was passed. soldier in the Army and Navy, or, if dead, to his widow, a pension of The next bill coming from the Committee of the Whole was the bill $12 a month. If that bill could have been passed and pension agencies (H. R. 6607) granting a pension to Keziah Randall, of Mattapoisett, and inspectors abolished in this country, and we could stop giving large Ma.ss., widow of Richard Randall, who served in the Coast Guard, pensions beyond that, we would take awa.y a great deal of this feeling 1812 to 1815. . always manifested in Congress, and our time, in place of being taken The amendment was agreed to; and the bill as amended was ordered up for two long hours, as to-day, with an issue against a few old: aged, to be engrossed an• read a third time; and being engrossed, it was and decrepit people, could have been devoted to the consideration of accordingly read the ihird ti me, and passed. legislation for the people. [Applause.] Mr. MORRILL. I yield the balance of my. time to the gentleman DUTY ON HIDES. from Iowa [Mr. KERR]. Mr. MORSE. Mr. Speaker, I ask unanimous consent to have printed Mr. KERR, of Iowa. I desire to take the attention of the House in the RECORD a memorial from Massachusetts shoe manufacturers, but for a moment. A great deal ha~ been said about the pledges made remonstrating against a duty on bides. by the Republican party. I am in favor of redeeming every pledge There was no objection, and it was so ordered. that has been made by the American people to the soldiers of the Union The petition is as foJlows: Army. I was one of them myself, and I sympathize very greatly with NEW ENGLAND SHOE AND LEATHER A.sSOCIATION, every man who to day is in need on account of being in the Army. 234 DEVONSHIRE STREET, Boston, March 31, 1890. The hO'/w,.able the Ways and Means Committee of the I will say, Mr. Speaker, that there are men upon that side of the National House of .Rep1·esentat-ives, Washington, D. 0.: House who are to-day calling attention to the pledges made by the Re­ Sms: The undersigned, manufacturers of leather and shoes and dealers in publican party, but who all through the last Administration were unable leather and articles produced from leather, believe that any duty imposed upon to secure, and made no effort to secure, an appropriation for the relief raw hides and skins would be very detrimental t-0 one of the largest business interests of New England and the Middle States, and that it would increase of men who were in the almshouses of the country. the cost to the consumer of every pair of shoes produced in this country. It was to emphasize the demand of the American people that these It is also the opinion of all leading houses that the imposition of any duty men should be cared for, that no man who bad performed his duty to would cause great embarrassment to the large export trade, now amountit1g to · $10,000.000 or 512,000.000 annually, and tend to drive it to the Dominion of Can­ his country in its hour of need should be committed to the tender mer­ ada, where labor and materials for tanning are much lower than they are in cies of an almshouset that the Republican party made the only pledge the United States. they made to the American people in the last campaign. That was For these and many other reasons which could be enumerated we respect­ fully and earnestly protest against the proposed duty. that these men who bad been made poor by their service, who were disabled at the present time, l!!nd who are in danger of becoming a ORDER OF BUSINESS • public charge shall be cared for. That pledge we made in the national .Mr. ENLOE rose. platform; and unless I am very greatly mistaken it will be redeemed The SPEAKER. For what purpose does the gentleman rise? '. ; , ' '· . ' ....

.,. . I - 1890. CONGRESSIONAL RECORD-HOUSE. 3021

Mr. ENLOE. I rise for the purpose of making a motion _that ~he The Clerk read as follows: House resolve itself into Committee of the Whole for the cons1derat1on The committee bad no jurisdiction of these claims, for the reason that no bill for the payment of either of these claims had ever been referred to the Com- of business upon the Private Calen d ar. mittee on War Claims;' second, if either of these claims was properly before the 1r!r. HOPKINS. Will the gentleman withdraw that motion for a committee, they had no jurisdiction and no right to report more than one of moment, in order that I may call up a bill which has just come from those claims in a single bill. the Senate? Mr. KERR, of Iowa. Mr. Chairman, before this question is decided The SPEAKER. If the gentleman from Tennessee withdraws his I desire to submitsomeadditionalremarksand to call attention to some ,. motion he must do so absolutely. additional authorities; but in order to avoid unnecessary delay, I will Mr. ENLOE. I do not withdraw the motion. now· yield for the resolution of the gentleman from Wisconsin [Mr. The SPEAKER. The Chair does not mean to say that the gentle· 'I'Hoiius]. man can not withdraw it, but that if he does the withdrawal must be .Mr. ENLOE. Mr. Chairman, I demand the regular order. unconditional. Mr. HOOKER. I hope we shall have a ruling upon the point of Mr. ENLOE. At the request of the gentleman from Illinois [Mr. order, Mr. Chairman. HOPKINS] I withdraw the motion. The CHAIRMAN. The first point of order that the Chair rules upon Mr. HOPKINS Mr. Speaker, I ask unanimous consent for the pres- is that order must be maintained on the floor. fLaughter.] ent consideration of the bill S. 2714. Mr. THO~IAS. I would like to have my resolution read. Mr. ENLOE. What is the character of the bill? Mr. ROGERS. Mr. Chairman, I rise to a point of order. Mr. HOPKINS. It is a public-building bill. The CH-VRMAN. The gentleman will state it. :Mr. ENLOE. I can not withdraw for that purpose. I renew my Mr. ROGERS. My point is that while the point of order of the motion, Mr. Speaker. gentleman from Iowa is pending, the gentleman from Tennessee [Mr. Mr. CULBERSON, of Texas. Mr. Speaker, I desire to antagonize the ENLOE] having demanded the regular order, the resolution of the gen­ motion of the gentleman from Tennessee, and to move that the Ho~se tleman from Wisconsin [Mr. THO:MAS] is not in order. resolve itself fato Committee of the Whole for the purpose of consid- Mr. WILLIAMS, of Ohio. Let us hear the resolution read first. ering the first bill on the Calendar, the bill to create a court of patent The CHAIRMAN. The point of order is not well taken until we appeals. I hope the motion of the gentleman from Tennessee will be know what the resolution onhe gentleman from Wisconsin is. It may voted down. be a privileged motion. The Clerk will read the resolution. M:r. ENLOE. Mr. Speaker, I do not understand that the gentle- The Clerk read as follows: man's motion is in order at this time. This is Friday, a day set apart Whereas House bill 7616isalleged to be composed of a large number of items, by the rqles for the consideration of business on the Private Calen- many of which have not been referred to the Committee on War Claims by bill dar. or otherwise by the House of Representatives of the Fifty-first Congress: There- The SPEAKER. The ~entleman from Texas has not m:l.de any mo- fo~~olved, That the Committee of the Whole House report said bill to the House tion. The motion before the House is the motion of the gentleman with the recommendation that it be referred to the Committee on Rules to in­ from Tennessee [Mr. ENLOE] that the House resolve itself into Com- vestlgatet.hestatusofsaid bill in connection with the practice of the House, and .... · th p · t as early as practicable to make such recommendations in the premises as they mittee of the Whole fort h e consi d flra.tion Of b usmess upon e riva e may deem proper for the consideration of the House, including any change of Calendar. rules deemed by them necessary for just action on the part of the House as to The question was taken on the motion of .M:r. E~LOE; and the Speaker this and similar bills. declared that the noes seemed to have it. Mr. ROGERS. I now renew the point of order. Mr. ENLOE. I ask for a division. The CHAIRMAN. The gentleman will state his point. The House divided; and there were-ayes 67, noes 64. M:r. ROGERS. My point is that there is now a point of order pend- Mr. KILGORE. I demand tellers. ing, the point made by the gentleman from Iowa; and pending the con- Tellers were ordered; and the Speaker appointed Mr. KIT.GORE and sideration of that point nothing is in order until it hM been decided Mr. ENLOE. by the Chair or withdrawn. The House again divided; and the tellers reported-ayes 85, noes 67. The CHAIHMAN. The Chair holds that the resolution just offered So the motion of Mr. ENLOE was agreed to. is a privileged motion, being one to refer to a committee, and that if The SPEAKER. Pending the announcement of the result of the adopted it virtually does away with t,he point of order now pending. vote on the motion of the gentleman from Tennessee [Mr. ENLOE] the Therefore the Chair will entertain the resolution offered by the gentle- Chair desires to lay before the House certain personal requests. man from Wisconsin. LEA VE OF ABSENCE. Mr. ENLOE. I move, in lieu of that resolution, this resolution. By unanimous consent, leave of absence was granted as follows: The CHAIRMAN. The gentleman will send his resolution to the To Mr. RAINES, for ten days, on account of important business. desk to be read. To Mr. ToWNSE..'lD, of Pennsylvania, for one week from to-morrow, The Clerk read as follows: on account of important business. . Resolved, Th~t the committee r~port to the House ~ha.t Howe bill N

3022 CONGRESSIONAL RECORD-HOUSE. APRIL 4, .• . Mr. RICHARDSON. Wbatdoyou refertotheCommitteeon Rules? It is conceded that the Committee on Rules, theCommittee on Ways let me ask. and Means, the six appropriation committees, and the Committee on Mr. ENLOE. The point of order, the gentleman from Iowa s::iid. Rivers and Harbors may originat.e bills when the subject-matter is be­ Mr. RICHARDSON. Do you want to refer the point of order to the fore them and report them to this House in such shape as suits the dis­ Committee on Rules? That is something unheard of, it seems to me. cretion and the judgment of thmie committees. 'I'hat is a conceded The CHAIRMAN. Of course what members say is not to be treated fact in regard to the rules of procedure of this House, and unless there as the statement of the Chair. is something in the rules of the House to prevent it the Committee on Mr. HOOKER. I would like to be hearda moment. War Claims has as good a right to go along these lines of pro~edure as The CHAIRMAN. The gentleman from Mississippi [Mr. HOOKER] any other of these committees I have named. is recognized. And when you come to consider anything w bicb gives one committee Mr. HOOKER. Mr. Chairman, I understand the proposition is now more rank and power than another it is a matter to be strictly con­ to refer this point of order to the Committee on Rules. I do not know strued, because it is in derogation of the powers of the other committee how other gentlemen may feel about this matter, but I utterly object of the House. to giving to the Committee on Ilules any more power than it already The gentleman who prepared the Digest of the Rules has referred to possesses. .As a Committee on Rules it.s function is to report rules for this matter in one or two places. On the first point we have on page the guidance of the Honse in the consideration of matters that may 319 of the Digest: arise before it. Now, here is a. matter which has sprung up from the It is not competent fo£ a. committee to report a bill when the subject-matter Committee on War Claims; a point of order bas been made; it was de­ has not been referred to them by the House, by the rules or otherwise. bated all last Friday, and not decided by the chairman of the commit­ The clear inference from the language used by the person who made tee; the committee rose and the House adjourned, leaving pending the the Digest is that if a subject-matter has been referred to a committee question presented by the gentleman from Iowa [Mr. KERR]. Now, in any way, then it is proper to report on it by bill or otherwise. with that question pending, undecided by the Chairman, the proposi­ .Again, referring to the Digest on page 318: tion is to refer this matter to the Committee on Rules-to do what? The committee have full power over the bill or other paper, except that they To decide the point of order? If so, sir, you might just as well abdi­ can not change the title or subject. cate your seat and leave the five men constituting the Committee on This means that a committee can so change a single bill as to make it an Rules to suggest everything and decide everything in this Honse. I omnibus bill, embracing other matters of like nature. That is the way objected to this-- it would strike a person studying this question dispassionately and 1\Ir. KERR, of Iowa. l\fr. Chairman-­ with no special case before bis mind. There is no bett.er authority to Mr. HOOKER. I am not through. appeal to than some competent person studying the question with no Mr. KERR, of Iowa. I rise to a point of order. I hold that this de­ particular case before him. bate is not in order. The point of order comes too lat.e. I make the It bas been ably and in~enionsly said by my friend from Ohio [Mr. point that the point of order on the resolution of the gentleman from GROSVENOR], in the best argument I ever heard made on the spur of Wisconsin was not made until we entered upon the discussion of the the moment and upon such a topic, that when any particular commit­ resolution and the gentleman from Tennessee [Mr. ENLOE] submitted tee exercise this authority they do so under clause 51 "of Rule XI. an amendment to it; and it is too lat.e for him now to say-- What is that clause 51"? Look at it judicially. Its purpose is not Mr. HOOKER. That amendment has been ruled out of order. to say that certain committees may originate bills, but its pnrpose is 1\lr. KERR, of Iowa. I am aware of that; but we bad entered upon to say what committees have the right to report at any time. a discussion of the resolution-- That is the purpose of clause 51 of Rule XI, and the other question ~1 r. HOOKER. We are considering the other resolution-not tbe remains untouched as to whether the power exists to originate bills in one to which the gentleman from Iowa refers-and upon that question committee. The purpose is to show by this clause 51 of Rule XI what I believe I bave the floor. J want to get through and then I will yield committees may report at anytime, and it goes on to say on what sub­ to my friend on the other side. jects those committees may report at any time. I have but a single word to say upon this matter. In the last Con­ I submit that, treating this matter judicially, as it is the duty of gress, when this Honse was Democratic, I opposed with as much per­ every member of this House to treat it, it is not fair to base an argu­ sistence and earnestness as I do now the investing of the Committee ment on that clause 51 of Rule XI t-0 which I have referred, to the on Rules with any power beyoud that defined by the rules themselves. effect that it is intended to give certain committees power to originate The subject-matters which are, by the rules, to be referred to this com­ bills in committee. The power to originate bills in committee is just mittee are plainly expressed and easily understood, just as are the sub­ the same with the Committee on War Claims as with any other com­ ject-matters referred to the Committee on Ways and Means, the Com­ mittee of the House. It is a power that does not differ. It is the same mittee on War Claims, the Committee on Claims, or any other com­ with the Committee on War Claims ds with the Committee on Rules, mittee. But, sir, I observe that the Committee on Rules, instead of or with the Committed on Ways and Means, or with the six appro· confining it.self to it.s provinne as a Committee on Rules, is now resolv­ priation committees, or with the Committee on Rivers and Harbors. I ing itself into a "steering committee" of the House, to dominate every do not think thflt clause 51 of Rule XI touches the matter at all. suhject presented for consideration here, by det.crmining, as that com­ Mr. Chairman, no gentleman bas been able to discuss this question mittee has done in numbers of instances, that the Honse shall con­ without touching upon the merits of it. I shall be the last man in the sider certain propositions for a certain length of time; and at the ex­ House to impugn the sincerity and earnestness of the chairman of the pir::ition of that time, by resolution from the Committee on Rules, the War Claims Committee in the opposition which he bas seen fit to offer hands of the House are tied, the previous question is considered as to the bill, but that opposition is based upon the idea that if we con­ ordered, and in that way individual Hepresentath-es here are rnndered sider this bill in the way we are trying to consider it we shall pay cer· absolutely powerless. tain claims which we ought not to pay. If that be so the proper way The Committee on Rules is thus clothed with power to determine to meet the objection the gentleman urges, is, when the bill comes be­ everything. The result will be that when you come to consider even fore the House, to amend it, by providing that no :finding of the Court thequestion oft.axation-thequestion what burdens shall be laid upon of Claims shall be paid until it has first passed the inspection of the the people orwhat relief shall be given to them-the five members con­ .Attorney-General, and it shall be certified by him that there is no stituting the Committeeon Rules, two on one side and two on theother: probable cause for a new trial, and that he sees no reasonable cause with the Speaker as ex o.fficio chairman, will det.ermine how long the why such claim should not be paid. In this connection I wish to say question shall be considered, what debate shall be allowed, and when that I have draught.ed an amendment covering precisely that point, the previous question shall be ordered, thns stifling entirely the senti­ which it is my purpose to offer if we ever reach the consideration of timent and the voice of the House. the bill. - I now yield the floor to my friend on the other side. Now, as to the merits of the case, permit me to say a word. I be­ Mr. SIMONDS. Mr. Chairman, it is my misfortune to be a mem­ gan by saying that I was unfortunately a member of the Committee ber of the Committee on War Claims. If I could find it consistent on War Claims; and I do consider it a misfortune. It was a surprise with what I conceive to be my duty, I should refrain from saying any­ to me when I found myself there. But the Speaker saw fit to put me thing upon this matter, but that is not the way I look at my duty. on the committee, and I shall take it with all the seriousness of which As I understand it, the resolution offered by the gentleman from Wis­ I am capable and shall do my duty as well as I may. This Committee consin [Mr. THOJIAS] is practically on all fours with the point of or­ of the Whole should look at the facts of the case. These men came der raised by the gentleman from Iowa [Mr. KERR]. That point of here with their claims years and years ago, and you, instead of acting order is, first, that the Committee on War Claims has not the right to upon them, then said: "We havecreatedaCourt of Claims for the con­ report this bill because no bill of the same general nature bas been re­ sideration of such matters. Go there with your claimR, and come back ferred to the War Claims Committee, and, second, if any particular bill here with the findings of the court." Now, the plain inference from the or bills of this nature have been referred to the Committee on War action of the House was that if they come back with just and reason­ Claims, it is not proper to report them all back in an omnibus bill. If able findings of the court the House will do the just and proper thing \ - that proposition is correct, then according to the view I take of the by them and pay the amount of the claim so found. Hn.s that been matter, the Committee on War Claims is of less rank and less power done? What are the facts? than the other committees of this House. I ntt.erly deny that propo­ For six years you have sent these men to the Court of Claims; they sition. have hired their attorneys; they have endured all the trouble and ex- '. 1890. ,. CONGRESSIONAL RECORD-HOUSE. 3023

pense of trial; they have obtained the findings of the court, and they Mr. ENLOE. I rise to a question of order. come back here to be trifled with in a way that it seems to me is ut­ The CHAIRMAN. The gentleman will state it. terly unworthy of the dignity of the American Congress. 1'11r. ENLOE. And that is, that on various and sundry propositions I undertake to say, Mr. Chairman, that there is not a gentleman on and on two points of order the entire time of the House on last Friday this floor who in the conduct of his own private business would do the was consumed, and the entire time to-day has been taken up in a dis­ things that are done on this floor every day and which gentlemen seem cussion not for the enlightenment of the Chair and tl.te committee. willing and anxious to do in the conduct of the public business. Take The CHAIRMAN. The Chair will be glad, of course, to proceed to the '.!ase of a man who has ample revenues to pay his debts; other men the consideration of the matter. present claims against him, and there is a tribunal to whi•h he is will­ Mr. McCREARY. ·Mr. Chairman, I rise to a parliamentary inquiry. ing to submit the justice of the claims. The claimants go to the tri­ The CHAIRMAN. The gentleman will state it. bunal thus selected, try their causes, and come back with the findings of Mr. McCREA.RY. I desire to know wha.t has become of the two fact by a court composed; as in this case, offivejudges, who are all reputa­ points of order raised by the gentleman from Iowa. last Friday, which ble gentlemen, so far as I know or have reason to think. There is not were discussed nearly all day. a gentleman in this House who would not in the case of his own private The$e motions are pending, and, as I understand, these were the fust affairs pay every one of such claims so passed upon. And I would like points of order to be considered by this House, and the duty of the to know how gentlemen are justified in having two consciences, one for Chairman was to pass upon these points of order before we can proceed the conduct of their private business and one for the conduct of public any further. busines.q as Representatives in the United State::i Congress? It does not The CHAIRMAN. The gentleman from Kentucky states the matter seem to be a consistent line of conduct. as it is. The questions before the committee are the points of order One thing you have to bear in being a member of the Committee un raised by the gentleman from Iowa. The gentleman from Iowa had War Claims is this: Claimantscometoyou with tragedies innumerable; the floor upon that question at the time when the committee rose last and a man would be more or less than human if he could hear the Friday, but gave way that a motion that the committee rise might be stories with indifference-- made by another member. Upon the committee coming to order, the Mr. KILGORE. Will the gentleman permit a question? gentleman from Iowa [Mr. KERR] having the floor, the gentleman from 1\lr. SIMONDS. Arc you very anxious? Wisconsin [Mr. THm-IAs] offered a motion or resolution which the .Mr. KILGORE. I am anxious to put the gentleman from Connec­ Chair will now have read again in connection with what the Chair is ticut right. stating. Mr. SIMONDS. Very well. Mr. McCREARY. Decide that point of order first. Mr. KILGORE. The ~entleman assumes that it is a duty of Congress Mr. KERR, of Iowa. Mr. Chairman-- to make appropriations to pay claims favorably passed upon by the The CHAIRMAN. The gentleman will please wait and let the Clerk Court of Claims without inquiring as to the liability of the Govern­ read the resolution. ment. Congress itself must be the judge of the law. The fact is that The Clerk read as follows: having taken the findings by the conrtit is the right and duty of Con­ 'Vhereas Hou.se billi616 ise.lleged to be composed ofa large number of items, gress to determine the questions oflaw involved. many of which have not been referred to the Committee on War Claims by bill or otherwise by the House of Representatives of the Fifty-first Congress: There­ Mr. SIMONDS. I undertook to say nothing of the sort; and what fore, I am asking for just now is thatthese claims may be beard in this court Resolud, That the Committee of the 'Vhole House report said bill to the and the questions of law, if there are any, may be passed upon by this House with the recommendation that it be referred to the Committee ou Rules to inYestigate the status of said bill, in connection with the practice of tl:te Congress. That is the only thing I have asked. I am seeking no short IIouse, and as early as practicable to make such recommendations in the prem­ cut in this matter. ises they may deem proper for tile consideration of the House, including a.ny I am not entirely pleased with the fact that all of these persons who change of rules deemed by them necessary for just action on the part of the present claims seem to be from the South; I would much prefer to see House ns to this or similar bills. more of them from the North, where I come from; but that does not The CHAIRMAN. The Chair held that this was a privileged mo­ alter my sense of justice. And I repeat that I can see no re:ison why I tion; and, further, it is privileged because of the fact that it raises the gentlemen should have two consciences, one for the conduct of their question of the jurisdiction of a standing committee of this House among private business and another for their guide in the transaction of the other things, and properly it could be referred to the committee which public business in this Honse. · has the interpreta.tion of parliamentary law. The Chair held the moa l\Ir. ENLOE. Mr. Chairman, I would ask the gentleman from Con- tion privileged and held tho point of order made by the gentleman -, necticut if there is any question coming from the Court of Claims to be from Iowa in abeyance, because if the resolution is adopted the point decided by Congress, except the question as to whether or not they of order ceases to be of any consequence and is virtually eliminated by will appropriate the money to pay the claims that have been i-nvesti- the action of the committee in adopting the resolution. If the com­ gated by the court under the rules of law, and with all the evidence mittee fail to adopt the resolution, the question then would recur on the before it, in which they found against the Government and for the point of order made by the gentleman from Iowa. In the mean time claimant? the gentleman from Arkansas raised a point of order upon the motion, ·."'" .Mr. SIMONDS. Mr. Chairman, the question asked embodies its and the Chair overruled it. Now the gentleman from Arkansas raises own answer. As I understand it, there are no other questions. But another point, a second point, which the gentleman will please state. if there are, the gentleman can bring them in separately and settle them Mr. ROGERS. I hope that I may be permitted to state my point of in this forum. It would seem that these claims have been made the order. I want t-0 ask the Chair to state it and then I want to be heard foot-ball of politics for years; and I must say that I suspect that a part upon it. The point of order I made was this: That this resolution of of the willingness of the gentlemen on the other side to have these the gentleman from Wisconsin to refer this bill to the Committee pn claims considered at this time is because the Republican party is in Rules before the bill itself had been under consideration, or general de­ power; and if they are paid they will swell the total of on.r appropria- bate had begun, or any opportunity had been afforded for amending the tions. But that is not to my mind a sufficient excuse for not paying bill or perfecting it, was premature and not in order. In other words, them. I feel that I am called upon to do my duty and to pass upon that this resolution can not be considered by the committee so long as these claims irrespective of any such questions as that; and I appeal anybody in the committee desires to be heard and so long as anybod.v to the other members of the House t-0 do the same. sought to amend, alter, perfect, or change the provisions of the bilJ, and The CH.AIRMAN. The question is on the amendment of the gen- on that point I have asked the attention of the committee. So that tleman from Connecticut. my point of order is that this resolution offered by the gentleman from Mr. ROGERS. I desire to make another point of order against that Wisconsin is not in order, and can not be in order in any respect·! with- resolution. out reference to the point of order macle by the gentleman from Iowa, -: The CHAIRl\IAN. The gentleman will state it. until we have finished the consideration of the bill. Mr. ROGERS. My point of order is that this resolution is not in Mr. KERR, of Iowa. I make the point of order that the point of order. The consideration of this bill has been entered upon, and that order comes too late, for the reason that we had entered upon discus­ this motion, if in order at all, would be in order after the bill had been sion. reported back to 1.he House. Mr. ALLE"N", of Mississippi. I rise to a question of personal priv- The CHAIRMAN. The Chair overrules the point of order. ilege. Mr. ROGERS. I desire to appeal from the decision of the Chair upon The CH AIRl\fAN. The Chair has recognized the gentleman from that point of order. Arkansas. Mr. GROSVENOR. I would like to make a remark or two upon Mr. HOOKER. I desire to a3k the gentleman from Arkansas to ask the point of order made by the gentleman from Arkansas. Will the the Chair (in view of the fact that he is on the floor and that I can not gentleman allow-- obtain the floor) the question as to whether there is any power in the Mr. ROGERS. Mr. Chairman, I desire to state my point of order Committee of the Whole to refer a subject-matter under consideration and then ask that the Chair will state it to the House. to any other committee. Mr. GROSVENOR. I want to say a. word in favor of the point of The CHAIRMAN. The Cha.ir will say, in reply to the inquiry of the order made by the gentleman from Arkansa.ci. ~entleman from Mississippi as to the scope of the resolution of the gen- .Mr. ROGERS. Would it not be better to have the point of order tleman from Wisconsin, that it proposes that the committee shall rec- stat.ed? ommend to the House the reference of the bill to the Committee on Rules.

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• I 3024 CONGRESSIONAL RECORD-- HOUSE. APRIL 4,

Mr. ROGERS. Whether it ici put in the form of a recommendation law the Court of Claims adjudicated various claims of individuals and or not, the effect of it is, as the Chair has properly stated, to take this reported them back to the House, as the report in this case~ I am in­ matter out of the Committee of the Whole, and, therefore, if the reso- formed. shows. 1i1tion is carried, it takes the matter to the Committee on Rules. Now, Under Rule XXIV of our present code it is provided that these com­ I hold that no motion which takes this bill from the Committee of the munications, with all othtrs addressed to the House, shall be referred, Whole House until they have had an opportunity to debate and mature under Rule XI, just as a bill which is introduced relating to a similar it is in order, or could be in order, even without reference to the ques­ subject-matter would be referred to the proper committee. _ .. f tion of whether it was in order at the time it was submitted for con­ The Speaker of the House, acting under this rule, referred these re­ sideration. Otherwise every bill, when the House goes into Commit­ ports from Wie Court of Claims to the Committee on War Claims, and tee of the Whole to consider it, would be subject at once, before the that committee consolidated various of these private claims into one consideration began, to a motion to refer it to a. committee other than bill and reported them in that form back to the House, and they now the one to which the House had referred it; and in that way the con­ stand upon the Calendar. sideration of any bill on the Calendar might be prevented, for we might The Honse took up that bill, and on the 28th of February referred take up one bill after another and exhaust the time in votes to refer it it to the Committee of the Whole for its consideration. On last Friday to other committees. the bill came up for consideration. At that stage in the proceedings Mr. GROSVENOR Not only so, Ur. Speaker-- and before tbe consideration began, the gentleman from Iowa [Mr. Mr. ROGERS. If the Chair does not care to state my point of order, KERR] made two points of order against the consideration of the bill. there are two or three things that I want to say by way of debate. Pending those points of order the gentleman from Wisconsin [Mr. The CHAIRUAN. The Chair would like to have the gentleman's THOMAS], the chairman of the Committee on War Claims, offers to-day point of order reduced to writing, so that there will be no mistake about a resolution the effect of which (without reference to ita exact word­ its being stated accurately by the Chair. ing) is to take this bill, before we ent~r upon its consideration at all, Mr. ENLOE. Did not the Chair decide the point of the gentleman and refer it to the Committee on Rules for their advice and counsel as from Arkansas to be out of order? to what should be the proper disposition of this particular bill. The CHAIRMAN. The first point of order raised by the gentleman I undertake to say that in the history of the House of Representa­ from Arkansas the Chair ruled out, and the Chair was about to rule out ti ves from its first session down iio the present hour there never was a the second when the gentleman from Arkansas expressed a desire to be propositionofthiseharacterpresented underthesecircumstances-never heard. in the history of the whole country. But the Chair ruled that, not­ Mr. ENLOE. Well, I wish the Chair would rule it out and let us withstanding the gentleman who made this point of order was occupy­ proceed with the transaction of public businc.:;s. [Laughter.] ing the floor, he had the right to yield to allow the gentleman from The CHAIRMAN. The gentleman knows that the Chair must ob­ Wisconsin to offer this resolution; and the Chair held this resolution, serve the proper courtesies of parliamentary procedure in these cases. pending that point of order, without its withdrawal or disposition, to Ur. ROGERS. I suggest to the gentleman from Tennessee [Mr. be in order; and the re&olution was read from the Clerk's desk. My ENLOE] that if he will reflect for a moment he will recollect that every point of order against it.s being in order was overruled. member on this floor has exactly the same rights, and I have just the At this stage of the proceedings-and here !am somewhat in doubt as same right t,o present my views as he has to undertake to attempt to to what the debate which took place on the other side wasaddressed to, take me off the floor or to lecture me. [Laughter.] whether to the merits of the resolution or something else-I made the Ur. ENLOE. M.r. Chairman, will the gentleman permit me to point of order that until we had entered upon the consideration of this state-- bill, until it has been open for debate and amendment, and is finally The CHAIRMAN. Does the gentleman from Arkansas yield the completed and ready to be reported back to the House, a resolution floor? which seeks to take the bill from the Committee of the Whole anterior Mr. ROGERS. I will yield to the gentleman if he desires to make to that is out of order. It is this point of order which I propose now a statement. briefly to discuss. l\Ir. ENLOE. I want to state that I bad no such purpose in view as I first cite to the Chair clause 5 of Rule XXIII: lecturing the 2'.eutleman from Arkansas. If any lecture was intended When general debate is closed by order of the House, any member shall l>e ·twas meant to apply somewhere else. But, Mr. Chairman, I do not allowed five minutes to explain any amendment he may ofter, after which the member who shall first obtain the floor shall be allowed to speak five minutes like to see the entire time of this House taken up in this way, to the in opposition to it, and there shall be no further debate thereon; but the same 1 defeat of these claims and the prevention of the transaction of public privilege of debate shall be allowed in favor of and against any amendment business, by the discussion of the.se technical points day after day. that may be offered to an amendment; and neither an amendment nor an amendment to an amendment shall be withdrawn by the mover thereof unless M:r. KILGORE. Mr. Chairman, if, as I think, that lecture is, in part by the unanimous consent of the committee. at least, meant for me, I want the gentleman to understand-­ The clause which precedes that is in these words: Mr. ROGERS. I resume the floor, Mr. Chairman. In Committees of the Whole House business on their calendars may be taken Mr. ENLOE. I never thought of the gentleman from Texas. up in regular order, or in such order as the committee may determine, unless 1\Ir. W .ALKER, of Massachusett.s, rose. the bill to be considered was determined by the House at the time of going into The CHAIRMAN. For what purpose does the gentleman rise? committee, but bills for raising revenue, genera.I appropriation bills, and bills Mr. W A.LKER, of Massachusetts. I rise to discuss the point of order for the improvement of rivers and harbors shall haye precedence. pending before the committee. Clause 6 of the same rule provides: TheCHAIRMAN. ThegentlemanfromArkansas [Mr. ROGERS] has The committee may, by the vote of a majority of the members present, at any time after the five-minute debate has begun upon proposed amendments the floor. • to any section or para.graph of a bill, close all debate upon such section or par­ Mr. REILLY. Ur. Chairman, what is the question before the com­ agraph, or, at its election, upon the pending amendments (which motion shall mittee, the resolution of the gentleman from Wisconsin [Mr. THOMAS] be decided without debate); but this shall not preclude further amendment, to or the point of order of the gentleman from Arkansas [Mr. ROGERS]? be decided without debate. The CHAIRMAN. The question before the committe~ow is the Now, Mr. Chairman, these citations from the rules show that when we point of order of the gentleman from Arkansas, which he is discussing. areproceedingin Committee of the Whole no motion that the committee Mr. ROGEl{S. Now, Mr. Chairman, if the committee will preserve rise can be made, no motion for a reference of the bill to another com­ order, I will try to state as best I can the precise situation. mittee can be entertained, no disposition of the bill at all in the com­ The CHAIRMAN. The Chair will first state thepointoforderraised mittee can be had, until you have entered upon the consideration of the by the gentleman from Arkansas. The gentleman from .Arkansas [Mr. bill. But the position of the Chair is that pending a point of order ROGERS] makes the point of order that the resolution offered by the against the consideration of the bill and before its consideration is be­ gentleman from Wisconsin [Ur. THOMAS] can not be considered, if at gun a resolution is in order to refer the bill to some committee to ad­ all, until the bill has been proceeded with by paragraphs and amend­ vise the Committee of the Whole or the House of Representatives what menta offered; in other words, until the bill has been considered. That is the proper disposition of the bill. You propose not to take up the is the point rais~d by the gentleman from Arkansas. bill at all. The House instructs you to go into Committee of the Whole Mr. THOMAS. I make the point of order that that point comes too and consider this bill; but instead of considering it, as directed by the late. House, the Committee of the Whole undertakes by this resolution to The CHAIRUAN. The Chair is of the opinion that it does not come take the bill out of the committee, to go back into the House and di­ too late. The gentleman from Arkansas will proceed. · rect the House to send it to the Committee on Rules for its instruction Mr. ROGERS. 1t1r. Chairman, I appreciate the fact that there seems and advice. to be a disposition to waste Fridays and to transact no public business, Now, Ur. Chairman, there are some things which in parliamentary but I desire to be heard now because the question presented to the Chair bodies ought to be tolerated and some things which ought not to be now and the question which the Chair has recently ruled upon are of tolerated. If we are to have a code of rules by which the House of far-reaching importanCJ' in the orderly conduct of the public business. Representatives is to be governed, we ought to have some uniformity The question presented is this: By an act of Congress known as the in the enforcement of those rules. The boast of your party was that Bowman act, either House of Congress, or a committee of either House these rules were made for the disposition of the public business; that of Congress having jurisdiction of what are known as war claims, was you wanted to do business. Now you are face to face with business; given the power to refer those claims to the Court of Claims to have and why can we not go on in pursuance of the instructions of the House the facta ascertained and reported to Congress. In pursuance of that and face the issues involved in this business, and

1890. CONGRESSIONAL RECORD-HOUSE. 3025 one way or another? Why is it necessary, by a sort of parliamentary bill, disposes for the time of this w bole matter. Upon that parliament­ legerdemain or sleight of hand or "now you see it and now you don't ary inquiry I only wish to ask the Chair whether that point of order see it'' performance, to take this bill out of the Committee of the Whole is not too late on account of the discussion of the bill, as will be seen and send it to the Committee on Rules to have them smother it or side­ on page 2824 of the RECORD that there were division and debate be­ track it in some way? Are you unwilling to trust the members of fore the point of order was made by the gentleman from Iowa [Mr. your own party? What is the object of tuis proceeding? It is with­ KERR]. It will settle, too, this controversy pending and all points of out a precedent anywhere. I dety the production of a precedent by order thereon. ·. anybody. The CHAIRMAN. As to the parliamentary question of the gentle­ Mr. Chairman, I appreciate to a certain extent the questions involved man from Maryland, the Chair will reply by stating that the motion directly or indirectly in this bill. The French spoliation claims stand made by the gentleman from Wisconsin [Mr. THO:llAS] is in the na­ behind it; other bills of similar character stand behind it. You want ture of a privileged motion, and it is not for the Chair to say that such to devise some means to get rid of this measure, which you do not wish a motion shall not be considered in this body. The Chair is not ready to consider, without side-trackin~ those that occupy the same parlia­ to go that far. Being a privileged question, the Chair holds it is prop­ mentary status which you do wish to consider. When I say "you," erly before this committee for declliion. I mean your party, Mr. Chairman; not you individually. This irregu­ As to the point of order of the gentleman from Arkansas [Mr. ROG­ lar proceeding, without any sort of authority or precedent, is to be in­ ERS ], he had the right to make that point under the rules. The con­ voked to get rid of these measures and to accomplish purposes which sideration of the motion made by the gentleman from Wisconsin [Mr. you could not undertake to accomplish by the regular, orderly methods THOMAS] in now pending. The Chair can not propose to do anything of parliamentary law. except by sitting here and hearing gentlemen discuss the question. Mr. COLEMAN. Will the gentleman allow me one minute for a cor­ That is all he can do. rection? The gentleman says our party want to do this. Not all of A MEMBER. I should like to hear the decision of the Chair. them, if you please. Mr. GROSVENOR. Mr. Chairman, I wish to say a single word in Mr. ROGERS. I will except my friend, if he desires to be excepted. relation to the point raised by the gentleman from ArkansM. The Mr. ALLEN, of Mississippi. We are glad to see evidences of re- gentleman from Arkansas seems to have pointed bis heaviest ammu­ pentance. . nition towards me, as though I were in some way responsible for the Mr. ROGERS. I am inclined to except a good many of the j!;entle- lamentable parliamentary condition in which we now find oarsel\es. men on the other side. · Mr. ROGERS. If the j!;entleman from Ohio will pardon me, I will But, Mr. Chairman, there is something behind that chair in which state that I bad no reterence on earth to him. you sit, some "power behind the throne" that want.a to make some Mr. GROSVENOR. Well, I only want to say to the gentleman that disposition of these measures that is not orderly or parliamentary under I am in favor of sustaining bis point of order, and the reason is this: the rules. It can not be otherwise. When a bill of this kind comes The original point of order raised the question of jurisdiction in this up, embracing; claims from one section of the country only, why is it House as to the subject-matter under consideration. If that motion is that some parliamentary process never before invoked in this House is decided affirmatively, then the bill goes out of consideration here; and to be resorted to in order to get rid of the bill ? I deny that there is any parliamentary procedure that justifies the relcr­ Why, Mr. Chairman, if there is any class of persons in this country .en<'.e by this committee of the bill, pending this question of the right who, viewed from a broad, patriotic standpoint, ought to have some to consider the bill at all. consideration in this House, it is these loyal claimants from the South, Mr. ROGERS. I agree with the J:?entleman fully on that point. for where they were it was worth something to be loyal. .M:r. GROSVENOR. Why, Afr. Chairman, what would you say of a Why ll; it these c1a.irns which come from a section of the country, the court that upon a demurrer that raised the question of jurisdiction of Southern section of the country, are to be driven out of the Houl'e and the court should undertake to refer the subject-matter to a referee? resort bad by parliamentary legerdemain and trick to get rid of their bill The court can not render a judgment for the costs; it has to stay right when you are professing such loyalty to those friendly to the Union there. The proceeding must stop at that point until that is deter­ cause during the war? Why is it you do this thing? mined. Therefore it is not in order to refor a bill, or a. question grow­ Let some of these gentlemen who have inaugurated this business, ing out of the bill, to another committee pending the consideration of answer. Let them get up the precedents by which this is done; let the question whether the House has jurisdiction or not. This is man­ them point out in these rules some authority for it; let them go back ifest for the reason that if the Chair should now overrule this point of to the history of parliamentary law in every period of the country's order~ and thereafter the House should sustain the motion affirmatively, history, and see if they can find a single instance where, penuing a why, what have you done? Yon have taken jurisdiction of a bill by point of order in a Committee of the Whole, involving the jurisdiction its reference which you say the House had no jurisdiction of; and hence of that committee, and before the point of order could be beard and we have a right to the judgment of the Chair upon the question decided, the bill could be taken out of the committee into the House whether the bill is properly here or not. '• on a motion and referred to another committee, before its considera­ .Mr. ALLEN, of Mississippi, rose. tion had been begun, much less without having an opportunity to per­ Mr. CANNON. Mr. Cllairma.n, just a word. I was not here on last fect and amend it. Friday when the point of order was made-- Mr. McCOMAS. I rise to a parliamentary inquiry. Mr. ALLEN, of Mississippi. I believe I was recognized. [Laughter.] Mr. ROGERS. I desire to yield fora minute to the gentleman from The CHAIR.MAN. The Chair recognized the gentleman from Illi­ Mississippi [Mr. ALLEN]. nois . Mr. l\IcCOMAS. I desire to make a parliamentary inquiry. .Mr. CANNON. I will yield to the gentleman. Mr. GROSVENOR. The gentleman from Arkansas has no power to Mr. ALL EN, of Mississippi. What I wanted to say was more in the yield the floor. nature of a matter of personal privilege than on the poiut of order; not Mr. ROGERS. I promised to yield for a minute to the gentleman per onal to myself, but personal to the family name. [La.ughter.J from Mississippi, and I do so now to hear what he has to say. The CHAIRAIA.N. The Chair will be very glad to hear the gentle- -· Mr. GROSVENOR. But· the gentleman has no right to yield the man. floor. Mr. ALLEN, of Mississippi. To pass this resolution, Mr. Chairman, The CHAIRMAN. When the gentleman yields the floor daring the or to entertain it, is to do what a friend of mine down in Mississippi discussion of a point of order he yields it absolutely. would call ''patting the brand of stigma on the Chair." [Laughter.] Mr. ROGERS. I wish to say only that I intended to yield to the For the first time, sir, in the history of this Government it is proposed gentleman from Mississippi, bat I forgot it when I took my seat. here, where the discussion of a point of .order is pending before a gen­ Mr. ALLEN, of Mississippi. Then I will rise to a question of per- tleman who has reflected honor on the Chair, whose able and dignified sonal privilege. rulings have j!;One out and made him famous before the world, to vote Mr. McCOMAS. I have the floor for a parliamentary inquiry. a want of confidence in him by sending this matter to the Committ.ee The CHAIRMAN. The gentleman will proceed. on Rules. [Laughter.] Mr. MCCOMAS. This is my inquiry: The motion was made, as I And now, sir, the names of "ALLEN, of.Mississippi," and "ALLEN, of understand it, totakeupandconsiderthe bill which we are now a.ll talk­ Michi~an," are so nearly like each other, and occupying a position in the ing about. [Laughter.] same Congress, too, that I am unwilling to have this '• brand of stigma'' A MEMBER. And anxious to have considered. put even upon the family name. [Laughter.] And I tell you gentle­ Mr. McCOMAS. A motion was then made to recommit that bill to men over there, who a.re fathering this thing that. the gentlemen on the Committee on War Claims, upon which the gentleman from Iowa this side charge has something else behind it, I charge yon now and [Mr. KERR] made a point of order as to it.a consideration, which was warn you when you attempt to cast opprobrium on the Chair that yon discussed a whole day. Subsequently a resolution, as read, was offered are making an attack upon the name of Allen. [Laughter and ap­ referring it with instructions to the Committee on Rules. An amend­ plause.] And I hope, Mr. Chairman-why, sir, if 1 were you I would ment to that proposition was offered and ruled out of order. Then the rule on this question anyhow, like the justice of the peace who did gentleman from Arkansas [Mr. ROGERS] made the point of order which not propose "to have his own proceedin's squelched." [Great laugh· he bas just now discussed. ter.] When was there ever such effrontery? 'Vhen was there such a. My parliamentary inquiry is whether the Chair by deciding simply proposition made to a presiding officer before, when a question of order on the fu-st point of order, to wit, that against the consideration of the bas been discussed before him for a whole day-- XXI-190

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3026 CONGRESSIONAL RECORD-HOUSE. APRIL 4,

Mr. MORGAN. Two days. 1tlr. OUTHWAITE, Mr. McCOM.A.S, Mr. ENLOE, and others. That Mr. ALLEN, of Mississippi. Yes, for two whole days-­ is a mistake. Mr. COLEMAN. But one of them was a holy day. Ur. BYNUM. It wns the case in the Fiftieth Congress, and they Mr. ALLEN, of l\Iississippi. Then to come up and face him with could never come up. · the proposition " Yon are not capable of doing this, sir, but the Mr. CANNON. Now, I understand from several gentlemen on that distinguished Committee on Rules "-a committee, I confess, that is side that it is a mistake, and that some of these bills were referred to the capable of doing anything under God's heaven [laughter]-'.' will have Committee on War Claims, and that some were not. Yet this omnibus to do it." But they are not the only people who are capable of doing bill i'l reported back, not by way of a substitute, in whole or iu part, anything. [Laughter.] And with this explan~tion of my personal under any jurisdiction that was given to that committee-- attitude on the question, I will let you gentlemen do as yo!l. please. fu. ENLOE rose. [Laughter and applause.] Mr. CANNON. And now, pending-if the gentleman will allow me 1\Ir. CANNON. Now, Mr. Chairman, I was not here on last Friday one sentence-pending the point of order, which goes to the jurisdiction when this point of order was made against the bill and W9.S discussed. ot the committee to report this bill, and consequently the jurisdiction But I have glanced my eye over the debate on Friday last and to-day of the Committee of the Whole to consider it-pending that point of I was present when the resolution was offered by the gentleman from order the gentleman from Wisconsin [Mr. THOMAS] introduced a reso­ Wisconsin [l\Ir. THOMAS]. It was entirely competent for the geutle­ lution that this Committee of the Whole report and recommend to the man from 'Visconsin to ofter the resolution or any resolution touch­ Honse that this whole question of these bills (those that were referred ing this matter. The gentleman from Wisconsin did offer it; it was to the Committee on War Claims, if you please, and those that were read at the Clerk's desk, it was discussed, and then the gentleman not), under the rules of the House in connection with the Bowman act on that side offerecl-an amendmentto it. The point of order was made and in connection with the Calendar, be referred to the Committee on on the amendment, and the point of order sustained. There was fur­ l~ules, to be reported back as soon as practicable with such recommenda­ ther discussion, and then the gentleman from Arkansas [Mr. ROGERS] tion involving a change of rnles as will enable the House to proceed of gets up a.nd makes the point of order against the resolution offered by i~ own motion to get jurisdiction to cut this Gordian knot. the chairman of the committee [Mr. THmI.A.s]. It is too late. An Now, then, my own belief is that, the point of order not being made amendment had been offered to the resolution, and whether in order or when that resolution of the gentlemanfrom Wisconsin was offered nor un­ not it is toe late to make a point of order on the resolution, as all gen­ til after amendment had been offered to it, it is in order for that reason. tlemen can see at once by the mere statement of the proposition. I am I am inclined to believe that it is in order as a matter of privilege; not saying that the resolution is not in order, even if the point of order and I believe in the present tangled condition, with other claims ou had been made in the first instance. I think it is entirely probable this Calendar to follow, and for the consideration of these identical that the resolution is in order; and I want to call the attention of the claims themselves, the most speedy way out of the difficulty is to adopt committee just a moIUent now to the status of the whole question. the resolution of the gentleman from Wisconsin. These claims covered in this bill are claims under the Bowman r.ct, Mr. BRECKINRIDGE, of Kentucky. Will the gentleman permit as I understand it, that have been accumulating for two or three, per­ me to ask him a question? haps four, Congresses; certainly for two-- Ur. CANNON. Certainly; with great pleasure. Mr. MCCOMAS. For three Congresses. ~Ir. BRECKINRIDGE, of Kentucky. It the Committee of the Whole Mr. CAN NON. For three Congresses, my friend from Maryland says. had no jurisdication to consider the bill, where does it get jurisdiction to From time to time they have been reported back to Congress; and I close consideration by recommending that it be sent to the Committee hold in my hand a statement that on the 19th of December, 1887, the on Rules? If it can not consider it, it can not recommend that it be then Speaker of the Honse [Mr. CARLISLE] held that certain claims recommitted to the committee, if it bas no jurisdiction of the bill. then on the Calendar: which had been brought forward from the Forty­ Mr. CANNON. If the gentleman will allow me, I have not said tbat ninth Congress by operation of the preceding section, referring to the the committee has or has not jurisdiction of the bill. I meant the Bowman act, were properly there: and on the 13th of January, 1888, Committee of the Whole. The point of order involving that question he lrnld that such should stand first on the Private Calendar. was made last Friday and is pending. That gave them a status according to that decision. Subsequently­ 1\Ir. BRECKINRIDGE, of Kentucky. Yes. and I ask the attention of the committee-when one of these claims was Mr. CANNO~. That has been argued. Pending that this resolu­ reached for consideration, the Speaker pro tempore [Mr. Cox:] held that tion was offered and considered. Now, then, whether that point of these bills, which were reported to a. preceding Congress, while prop­ order first made wa-s well taken or not, I apprehend that the Commit­ erly on the Calendar for such appropriate action as the House might tee ot the Whole, finding the bill upon its Calendar, may adopt this adopt, could not be considered for final disposition. I recollect the de­ resolution and send it to the House arid let the House do as it pleases. cision very well and have it here. The question was made in Committee .Mr. BRECKINRIDGE, of Kentuckj:.. Now, the question I asked of the Whole, when the gentleman from l\Iissouri [Mr. HATCH] was in the gentleman, because he is a parliamentarian and a member of the the chair, and the gentleman from Missouri at once stepped down and Committee on Rules, is this: Does not the point of order raised by the out. A. report was made to the House, and then Mr. Cox, the Speaker gentleman from Iowa necessarily attach itself to this motion, because pro tempore, made that ruling, that notwithstanding Speaker CARLISLE'S that point of order is that this committee has no jurisdiction? Now, ruling that they stood at the head of the Calendar, they did not therefore, when t 1at motion is made it can not possibly supersede the stand there for consideration. Consideration was refused absolutely by point of order which goes to the very root of the matter; that is, the the decision of the then Speaker of the House, and that bill was not power of the committee to consider it, and it does not require any point considered. of order. Now, in due com'Se of ti.me that Congress expired by limitation, and We have, however, a point of order that was pending, and as soon in this Congress certain claims under the Bowman act, in the shape of as the motion was made a point of order was made against that motion an omnibus bill, are reported to this House from the Committte on War as against all other motions; and now, therefore, in the interest of the Clo.ims. The position is taken that these matters were never referred Chair, meeting the responsibilities of that question and deciding it, let to that committee. 'l'bey do not stand on the Calendar by virtue of him rule, and, if gentlemen are not sati.sfied with his decision, upon an the CARLISLE decision. It has been held, as Speaker Cox held, that appeal let the committee affirm or reject his judgment. If the com­ they can-not be considered. They were reported under our new rules mittee shall affirm it, then we have nothing further to do with the not'in open Honse, but by handing to the Speaker or to the Clerk and re­ question. If it shall reject it, then that motion of the gentleman from ferred to the Calendar, and came up on Friday last as to what disposition Wisconsin would be in order, and we could consider it and take that should be made of these bills. The gentleman from Wisconsin [l\Ir. course if we saw proper. That would relieve the tangle and make per­ THO:llAS] said that this matter had never been reftrred to the Com­ fectly plain a solution of the question. mittee on War Claims, and there is no evidence on the face of the bill The question as to the jurisdiction could be determined, and if any that they had ever been. gentleman desires to appeal from the decision he can do so, aud that lrlr. BYNlJ.l\I. Will the gentleman permit me to ask him a question is an end to it. Then if the committee determines tbat we have j uris­ ,,. ' there? diction let the gentleman from Missouri make the motion, and that rc­ Mr. CANNON. Certainly, with great plea.sure. lieYes us of all apparent tangle, which is purely apparent, of undertak­ Mr. BYNUM. I understand that the difference between the bills ing to put a. question of jurisdiction against a question of consideration. placed on t.he Calendar of the Fiftieth Congress and this bill is this: Mr. CANNON. The Chair is perfectly able, I think, to take care That the bills in the Fiftieth Congress never had been introduced in of itself. that Congress, but bad been placert. on the Calendar as having been on Ur. BRECKINRIDGE, of Kentucky. I am not taking care of the the Calendar in the Forty-ninth Congress. In other wo1ds, that they Chair. I am onJy saying what should be done with the resolution of had not been considered in the Fiftieth Congress or considered as re­ the gentleman from Wisconsin, and in stating that I am giving my ported in this bill. Ilut this bill has been considered by the Committee op-inion what it is politic to do with a view of discharging the business on War Claims and has been reported to this Congress, so that the two of the House, facluding this business. Of course I wish to be under­ classes of bills are not similar. stood as not intimating that the Chair is not able to take care of him­ Mr. CANNON. If the gentleman will allow me, it is alleged, and self. I was trying as far as I could to relie,·e him of the guardianship I understand such is the fact, that these bills were never referred to the of the gentlem~m from Wisconsin and the gentleman from Illinois, so Committee on War Claims in this Hou:se. that he might take care of himself. [Laughter.]

... ' ... ' . .. ,,.

1890. CONGRESSIONAL RECORD-HOUSE. 3027

l\fr. CANNON. I have always noticed how kind the gentleman House and the committee confusion and chaos. When, in the history from Kentucky is to volunteer in this and in many other matters. In of any parliamentary body, ba.q a pending question of order been taken fact, Id() not know any gentleman so anxious to volunteer to get away from the chair and referred to a committee? everybody out of trouble as the gentleman from Kentucky, and he al- What is the House to do while the committee is deliberating upon ways does it well. [Laughter.] the question and how is their determination to become the de~ision of Mr. BRECKINRIDGE, of Kentucky. And I am exceedingly sor- the House? because all points of order may finally be decided hy the rowful that the occasion for it should arise so often in the parlia- House. Will the committee bringinareport? If so, when? Will the mentary life of my friend from Illinois. [l{enewed laughter.] report be accepted by the House or will it be committed to some other l\fr. BYNUM. Mr. Chairman, I desire to be heard upon this ques- committee? During the time these difficulties may :\rise what has be- tion. come ol the mea nre which has priority of right under the rules we The CEIAIRMA.N. Does the gentleman desire to speak to the point have adopted for our government and to facilitate the proceedings of of order? the House? Mr. BYNUM. I do. There is, Mr. Chairman, a well known parliamentary rule which, A 11E~IBER. Which one? [Laughter. J so far as my knowledge goes, obtains at all times and under all cir- 1ilr. BYNITU. Mr. Chairman, I desire to submit a few remarks upon cumstances, which will be overturned should this resolution be enter- the point of order. I do not wish to discuss the merits of the bill, as I tained by the committee or by the Chair. It is a valuable rule and one do not know whether I shall support it even if its consideration is had. that onght never be lost sight of, because in its violation all orderly I am free from any bias or prejudice as to the merits of the bill that procedure may be destroyed and the body involved in inextricable con­ might warp my judgment upon the point of order. I h:ive no desire fusion. It is thatcamulativemotionsarenever in order. Similarqnes­ to tre3pass upon the time of the committ{>.c, who seem to be growing tions can not be entertained or be pending at the same time. For this impatient, further than to call the attention of the Chair to the im por- reason but one appeal can be entertained at the same time. While one tance of this question and of the necessity of maintaining the correct J appeal is pending another can not be taken. If such were not the rules of parliamentary procedure. In discussing the point of order case appeal upon appeal might be taken and it would become impo.:;si­ raised by the gentleman from Arkansas [Mr. RoGIIBS] I may be pardoned ble to reach a decision that would relieve the body of the objectionable for contending that the Chair should have ruled the resolutions of tbe question and enable it to proceed with the question under considera­ gentleman from Wisconsin [Mr. THOMAS] out of orde1· for reasons ad- tion. ditional to those assigned by the gentleman from .Arkansas. In this matter we are confronted with the same evil, with the same Clause 4 of Rule I, defining the duties of the Speaker, declares that- difficulty. One question of order is now pending, and while that is He sh:i.ll sign all acts, addresses, joint resolutions, writs, warrants, and sub- under consideration another matter is brought before the committee pre~as ofor ilisued by order of the House, a.nd decide all questions of order, and another question of order is precipitated before us. I submit that subject t.o an appeal by any me~b~r, on whtch appeal no mem::,er shall speak: no emergency, no exigency ought to arise that will for a moment in- more th&n once, unless by perm1ss10n of the House. fl th Ch · th 'tt t d t f th th f · . • . f h Wh . A uence e air or e comm1 ee o epar rom e ·pa way o or- The duties o~theCh:mman of the Commit~e 0 t e .0 1e corresponu., derly procedure, which is so distinctly marked and so essential to the so far as questions of order are concerned, with those 01 the Speaker of transaction of business. It is the duty of the Chair to decide questions th~IHo~s~ f R XXIII . d that of order as they may arise, and thne is no other mode known to par- a use o u 1 e . . provi es - . . liamentary law of e:etting rid of them. The rules of proeeedrng in the Houses.hall be obser'\"ed m Committees of tlie Mr. STONE of Kentuck--y. Mr. Chairman this point of order has Whole House so far as they may be applicable. . 1 • ' • ...... been discussed as much, it seems to me, as there IS any necessity for When a quest~on o~ order. IS m.ised m ~he co~mittee relative _to dL"cussing the real point of order. The parliamentarians of the Honse, modes of proc~ed1.ng with a _bill. refer.red to it by the Ho~e the Obarr- both young and old, have had a tilt at this question, and they have man i;nust de~1~e It, and decule it ~efore nn:v other quest.I?n, except n. differed as widely as the poles. I have sat here for two days and list­ questionof_pnnlege, can be entertamed or fu~ther pr?ceedmgs be had. ened to the discussion of the merits of this bill and of the questions The Chair, as! und~rstand, has, on a previ?u.s P

thus been compelled, perforce, in opposition to my own desires, to study I posing the commission, I do not hesitate to say that the mode of pro­ the Jaw governing this question of war claims; and I believe I am ceedings adopted resulted in such a perversion of justice as was never "posted" in reference to the action of the House on these questions committed by any other legal tribunal in this country, The truth is from the beginning until the present time. that the time was not auspicious for the invest.igation fa.trusted to their Having had this experience, having been compelled to investigate hands. The bitter feelings engendered by the war had not died outt.o this matter as I have, I am astonished at the ignorance in this respect any extent. of gentlemen who have served longer on this floor than I have and It was the common opinion all over one section of the country that who ought to know better than to make tbe mistakes they have made all who resided in the insurrectionary States were disloyal to the Union to-day. They tell you, in order to bring the influences to bear to refer and deserved to be punished as rebels. The commissioners were all this question to the Committee on Rules, that these claims have never from what are called the loyal States and were thoroughly impregnated been before Congress. Why, sir, I have no doubt that every page on with the opinions and prejudices of their section. They entered npon this floor knows better than that. Certainly every member of Congress their duties with the conviction that it was their mission to protect the ought to know that these. claims come here by the authority of a law Treasury from a horde of rebels who, having failed to destroy the Union of Congress. Every solit.ary one of them is introduced into this Honse by force of arms, were now determined to bankrupt it by demands upon by bill or petition. They are all referred to the Committee on War the national Treasury. They were regarded as Mulberry Sellerses, in Claims; and the law of the land gives that committee power to refer fQ>vor of "the Union and an appropriation." these claims to the Court of Claims for investigation and report. That The rules adopted by which testimony was to be taken and the same law says in express terms that these claims shall continue pend- eighty-odd interrogatories prepared to be propounded to the claimants ing from Congress to Congress until disposed of. were not only insulting to every man who became n. witness, whether These claims came into the Fifty-first Congress upon bills introduced interested or otherwise, but plainly demonstrated that the cases were or reports or references made in the Fiftieth Congress. They went to prejudged before being considered. the head of the Calender by a ruling of the Speaker. Three bills at The testimony was taken by officers appointed by the commissioners, the bead of the Calendar were passed before any question as to the au- who were thoroughly in their interests and well knew what was re· tbority by which they were put there was raised. Then the Speaker quired of them. They were sent South not merely to take the testi­ pro tempore decided that they were there for proper action by the House, mony of the witnesses called by the claimants, but they were to act not necessarily for final action until the Honse shall see fit to adjudi and did act as attorneys for the Government, and they were thus ren· cate them. Then, Mr. Chairman, a bill was introduced and referred dered unfit to take the testimony impartially. The claimant and his to the Committee on War Claims containing a few of those claims which witnesses were examined by the special commissioners separately and were at the head of the Calendar. By the action of the llouse, under alone, thus being treated as though a criminal on trial. The claimants in the provisions of the Howman act, when these cases are reported from many cases were not allowed to have an attorney present to protect their the Court of Claims they are referred to the Committee on War Claims. ri~hts or to afford them the opportunity to explain any statement they So that the statement made on the floor to-day that these claims have had made; and it is not stating the fact too strongly to say that these never been properly before the committee falls to the ground in the face special commissioners in many cases did not fail to report the testimony of the facts. They have been before the committee, and before it rightly. most strongly against the claimants. The accuracy of testimony taken The committee, exercising the power given to it under the rules of under such circumstances, and by persons in the interest of one of the the House, saw fit by a vote of all its members, with one solitary ex- parties to the contest, may well be questioned. ception, the honorable chairman of the committee disagreeing with the Nor is this all. It was made a part of the duties of these special remainder of the committee, to put these claims into one bill and re- commissioners and special agents, in addition to taking the depositions, port them back here. I to bunt up testimony against the claimants and to report their views It is said that there is no precedent for this action. Sir, in the Fif- of each case. tieth Congress a large number of these claims were reported here in one The more active these special agents in securing all kinds of hearsay bill, and this House spent every Friday for about two months in the statements from irresponsible parties or, as bas been suspected, from discassion of those claims seriatim as they came up in that bill, and myths existing only in tbelivelyimaginationsofthe agents, the greater :finally the last. claim included in the bill was passed bytbe House. So favor those agents en~oyed. that these claims are here to-da.y in this bill in accordance with a prec· Tba.t the claimants were not allowed to be present, either in person edent set in the Fiftieth Congress. j or by counsel, at the time of the taking of the testimony on behalf of The act creating the Southern Claims Commission made it the duty the Government by the special commissioner, I need but refer to the ; I of the persons appointed commissioners "to receive, examine, and con- statement of the commissioners themselves, in the case of Otey, No. sider the justice and validity of such claims as shall be bronght before 5174 (Commissioners' Report, 1877, page 34). them of those citizens who remained loyal adherents to the cause and In disallowing this claim the commissioners use this language: Government of the United States during the war for stores or supplies In justice to Mr. Edwa.rds, who is charged by claimant wit.h deceiving him taken or furnished daring the rebellion for the use of the Army of the in sayiog he might go to Memphis nnd the testimony would not be taken in his United States in States proclaimed as in insurrection against the United absence, when in fact Mr. Edwards proceeded immediately to take it in his ab• scence, we deem it proper to say that as Mr. Edwards at that time, according to States." his uniform custom, did not allow any claimants to be present at the taking of This act created, in fact, a judicial tribunal limited to a particular the testimony and the examination of the witnesses we see no motive for deceit, class of claims, and contemplated that its proceedings should be con­ as is alleged, and think that the claimant must have misunderstood what Mr. d acted in accordance with j mlicial methods in common use in the courts Edwards said. of the United States. Jt was an inferior judicial body, and, like all Under the rules of the commission claimants were compelled to bring such organizations acting under the authority of the Government, was their witnesses to Washington. Of course this involved a great ex­ bound to follow the decisions of the Supreme Court in its constructions pense. After their witnesses were examined in open court their testi­ of the statutes on all su~jectsnponwhichthecommission v;asrequire.d mony was given to a special agent and that agent was dispatched to the to act. It was to "examine and consider the justice and validity"­ home of the witness. There he could call witnesses to disprove the judicial acts-of all claims that under the law could be presented to it, allegations of the claimant or he could examine the residents of the and the members could no more disregard the law of the land, as ex· vicinage in the manner I have shown was done and make his report to pounded and declared by the courts of the United States, in their ex­ the commission. aminations and decisions, than can arbitra.t-0rs in civil cases disregard The claimant was compelled to bring other witnesses to Washington the laws under which they are acting. to disprove the statements in the agent's reports. Very few, if any, Congress certainly never intended by the act in question to create of the claimants were able in their impoverished condition to do this. a body and invest it with judicial power which should be above all The result was that most of the cases went to trial without the claim· law and know no law that interfered with the exercise of its own ants having the opportunity to rebut the so-called testimony taken by '. sweet will. Prior to the enactment of the statute, the Court of Claims the special agents, and the commissioners p;ave more weight to the nn­ and the Supreme Court had bad under consideration the various laws sworn statements thus reported by their special agents than to the ofCongressreqairing proof of loyalty, and bad made a number of de­ legal testimony taken by claimants. cisions defining loyalty and what constituted proof of it, and these de­ The agents of the Quartermaster-General adopted a similar policy, cisions of the highest judicial tribunal known to the Constitution and the files of that bureau will show that the claims were rejected were a part of the law of the land, in full force when the law creating not upon testimony taken in accordance with the forms of law-not the commission was enacted, and became impliedly a part of the stat­ even upon ex parte affidavits-but upon the bare reports of the special ute. Congress was familiar with these decisions of the courts, and the agents of the bureau, without any verification whatever. I twas not until presumption is strong that the law was enacted with reference to them. Congress, by an amendment to the bill making appropriations for the But these commissioners held that they were "a law unto them­ payment of the allowances made by the Quartermaster-Gener.11, on selves." They set themselves above the Supreme Court and ignored Jane 13, 1880 (21 Stat., 586), that claimants or their attorneys were its decisions. They utterly disregarded all judicial methods common allowed t-0 be present t.o cross-examine witnesses before the special to the courts of the country, and established a system of their own agents of the Quartermaster-General. Their investigations were con­ ·• which violated all the rules of evidence and set at. defiance every well ducted secretly, and so reported to the Quartermaster-General. They established ptinciple of law affecting the rights of_ individuals. were regarded by 1hat officer as confidential communications, to which While I do not wish to reflect unnecessarily upon the gentlemen com- the claimant or the attorney was not permitted to have access. < . ' -· . ·. ..: . ·' . .• ·.

• t 1890a CONGRESSIONAL RECORD-HOUSE. 3029

It was a star-chamber proceeding in every sense of the word, and verity and conclude each party to the controversy." This is the rule this practice continued for a period of sixteen years. Thousands of adopted by the Supreme Court in all appeals from the Court of Claims, claims were disallowed without the claimant being advised of the and is the only practicable rule in the case of private claims before Con­ grounds of disallowance or furnished the opportunity to meet the gress. It is consonant, too, with the purposes of the Bowman act. It charges thus alleged against him. In many instances the special agents was the avowed object of that statute to afford relief to Congress in the withheld the names of their informants, stating in their reports that investigation of private claims by leaving the ascertainment and de­ the names were withheld for "prudential reasons." termination of facts to a judicial tribnnal, where testimony could be Now as to claims before the Commissary-General, some of which are taken according to the rule of evidence, the witnesses cross-examined, included in the bill now before the committee. None of these claim­ the parties fully heard, and each case decided in accordance with the ants ever had a hearing before the Commissary-General. None of them facts and the law. ever had the opportunity to take any testimony to establish their This is the course of proceedings adopted by the Court of Claims; claims. Congress failed to make any appropriation for the appoint­ each case is determined in accordance with judicial methods, methods ment of agents to investigate this class of claims, and only those were followed in every impartial legal \ribunal and which the experience allowed by the Commissary-General that were supported by vouchers of ages has demonstrated to be the best adapted for the ascertainment or affidavits furnished by officials. Upon this subject the Commissary­ of truth. All these cases have been thus heard and determined by the General, in his report of 1873, says: Court of Claims, and the findings reported here, and the awards made, It will be impracticable to properly investigate the claims presented under are before us as required by the Bowman act, and are the deliberate the act of July 4, 1864, unless an appropriation be made for the employment and result of its best judgment. Are we not morally, if not legally, bound transportation of officers and agents to investigate the claims. by this action of the court? To repudiate that action, by refusing to And no such appropriation was ever made. These cases, then, ne,er appropriate money to pay the awards thus made, would be not only to hnd a hearing by, nor were they ever investigated before the Commis­ impose hardships upon the claimants, who have been put to great sary-General, and the facts in each case for the first time are developed expense in taking additional testimony to prove up their claims and in the findings of the Court of Claims. establish their loyalty, but an implication upon the court and a virt­ But, Mr. Chairman, this is not the worst, and yet this is bad enough. ual nullification of the Bowman act itself. To return tothe conduct of the commission, I here make the broad asser­ I regret to say that my friend from Wisconsin, the chairman of the tion thatthe great majority of the cases befor&that body were never le­ War Claims Committee, differs with all the other members of the com­ gally adjudicated. The act creating the commission provided that two mittee on the binding effect of the findings of fact by the Court of of the three commissioners should constitute a quorum, and no claim Claims and has made a minority report in opposition to the passage of could legally be adjudicated or rejected but by the concurrence of a ma­ the bill. His theory is that the decisions of the court are advisory only, jority of the commission. The fact is, however, and I make the state­ and not conclusive, and he complains that in the'' p:r:eparationofthe bill ment upon the authority of an officer of the commission, that the com­ the committee has not considered a single one of the findings of fact or missioners entered into an agreement that no claim should be reported conclusions of. the court;" in other words, he insists that the War favorably except upon the concurrence of each member of the commis­ Claims Committee should act the part of an appellate tribunal and re­ sion, thus conferring upon one of the body the power to nullify the view the decisions of the court, affirming or reversing its action as, in action of the majority, which was in itself a violation of the statute. the judgment of the committee, we may approve or disapprove its de­ Then the cases were parceled outamong the commissioners, and if any cisions. one of them reported against a claimant-found him disloyal-the The committee do not deny the right of Congress or the committee claim wasatoncelaidasideasrejected, without any examination by the to ignore the action of the court, but they deem that course impracti­ others. cable and unsafe as well. The truth is that it is utterly impossible Thus one commissioner did what the law required to be done by at for any one committee, however industrious its members may be, to least two of them; there was no valid examination of the testimony, examine all the8e cases in detail, without utterly neglecting other and claims were rejected in violation of the letter as well as the spirit equally important duties as members of the Rouse. And not only this, of the law. And the records of the commission abundantly sustain but, if you adopt th theory that the findings of the court, when in fa­ the as.sertion I have made. Those records show that few of the decis­ vor of the claimants, may be ignored, the reasons are equally strong for ions are signed by all of the commissioners; that some are signed by ignoring its decisions when made in favor of the Government. only two; a good many by one only; while many are not signed by any The claims included in the bill number 284. Of this number there of the commissioners at all, thus proving that they were never consid· were disallowed for other reasons than alleged disloyalty 163. And of ered and adjudicated by the commission. These are stubborn facts, this number tbere were rejected because the proof of loyalty was not supported by records of the commission, and demonstrate that the claim­ deemed satisfaetory 121. ants have not been justly dealt with, after having been put to great Ur. THOM.AS. Doe..c:i it include all the decisions of the Court of expense to prove up their cases. Claims? As one who served in the Confederate army and as representing in Mr. STONE, of Kentucky. Not all. part a State which furnished many soldiers to both armies, I am not Mr. THOMAS. No, not half of them. here to advocate particularly the claims of men re iding in the South­ Mr. STONE, of Kentucky. Not all. It is only for stores and sup­ ern States during the war who claim to have adhered to the United plies which are included in this bill. The percentage allowed by the States and to have opposed the Confederacy throughout that conflict. Court of Claims is only about 7 per cent. of the amount referred to them. But Congress, by the act of March 3, 1871, which created the Claims You go beyond that; you impeach the court; you impe::wh next to the Commission, held out to this class of our citizens the promise of pay­ highest tribunal in the United States by this action. ment for the stores and supplies furnished the Federal military forces Mr. ENLOE. I ask the gentleman from Kentucky whether it is during the progress of the war which the Government, by reason of not a fact that this bill does not include any class except those under their remoteness from their base of supplies, was una.ble to supply. the Southern Claims Commission, and which were embodied in an ... The Bowman act, by means of which the cases rejected by the Claims omnibus bill at every session under the 4th of July act. Commission have been referred to the Court of Claims, renewed that Mr. STON"E, of Kentucky. They are all of the very same character promise. Some of t.hese claimants are from my State, some my con­ of claims, paid by bills amounting to St>OO, 000 as coming from the tituents, and I should be wanting in duty to them if I did not insist Southern Claims Commission and passed here at every session of Con­ ~. that they shall receive that justice to which they are entitled under gress as coming from the Quartermaster-General's Department. the law. ' And it is thus shown that more than ha.If of the claims r~jected by Mr. Chail:man, as a member of the War Claims Committee I con­ the Sou them Claims Commission and the Quartermaster and Commis­ curred in the report made by the majority of the committee, recom­ sary Generals were so rejected, not for want of sufficient proof of loy­ mending the passage of the bill now before the House. While the alty, but for entirely different reasons, some of the reasons being that amount proposed to be appropriated is a large one, it must be remem­ the claimants were not shown to be citizens; that some were natural­ bered that the sum covers the findings of the Court of Claims under ized citizens, but the legal evidence of the fact had not been produced; the Bowman act, which was enacted more than seven years ago. It is others because it appeared that the claimants hnd become bankrupt the result of the labors of that court in this class of cases during the and the assignees had not been made parties; and others for the reason whole of that period of seven years, and if appropriations had been that the loyalty of the heirs and creditors of deceased claimants had made annually to pay these awards, as is done iu the case of judgments not been established. , of that court, they would have amounted to less than $100, 000 per We are next told by the gentleman in his minority report that after annum. At the :first session of the last Congress this House passed a these cases are transmitted to the Court of Claims they are "reopened bill making an appropriation to pay the a wards rendered up to that and testimony unheard of at the time of the first investigation, and it period, but the bill ne\'er was reached in the Senate. is claimed not in all cases entirely reliable, is brought forward, estab­ That question has been fully discussed by the committee who re­ l !shing, in the opinion of the court, the conclusion that claimants are ported this bill; and your committee, waiving the question of the ab­ loyal and should be paid vast sums out of the Treasury." stract right of Congress to review the action of the Court of Claims, From whom comes this suggestion? Certainly no information bas reached the conclusion that effect could only be given to the Bowman been lajd before the committee upon which to base the statement, and act by imitating the ruling of the Supreme Court in analogous cases, it appears for the first time in the report of the ~entleman. None of and holding the facts thus found by the court "to import absolute the new witnesses, whose testimony is thus assailed, have been im-

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3030 CONGRESSION'AL RECORD-HOUSE. APRIL 4,

peached by the attorneys representing the Government, and their integ- is not so considerate of those who represent the Government at its bar rity stands without question. The gentleman kindly says that he for he says in his report: ' ''does not censure the court for this.'' The testimony is taken by deposition, and the court has no means of know. Why should the gentleman censure the court? What right bas he or I ing how much of it is false or whether there has been collusion bi-tween the to s~t in judgment upon the acts of this court, second only in dignity claimants and the agents of the Go>ernment in any particular case in the tak· and power to that august tribunal the Supreme Court of the United ing of it or no•. States, and seeond only to it in the character and ability of the men I have no disposition to assail men who can not be heard in their own chosen to constitute it? vindication, at least until I am furnished with some tangible evidence of Mr. Chairman, what is the court? A body of able lawyers before their misconduct. I have reason to know that these agents of the Gov. whom, and before whom only, a citizen of the United States may <'ome ernment thus assailed have been instructed to make vigorous efforts to and say to the Government, thesovereign, " Pay me that thou owest.,, defeat claims of the character embraced in the bill and to examine the Within the precincts of this court, and there alone, the citizen and the witnesses thoroughly; and the depositions taken by the claimants show l .-· Government are placed upon an equality. There the greatest nation that the cross-examinations were most rigid and that the.se aaents0 of the earth delegates its sovereignty, and laying aside its power says to faithfully obeyed their instructions. the citizen, "Prove that I am indebteu to you and I will place no If it is intended to charge that there was corruption or fraud perpe· privilege against you. I am here as your equal, not as your sovereign." trated by the agents of the Government in any case favorably reported The Constitution of the United States created the Supreme Court and here by the Court of Claims, then the answer is that it is not too late vested Congress with the power to create other needed tribunals. Con- to prevent the consummation of that fraud. If any such fraud or cor­ gress has exercised that power and has created numerous courts with ruption has been discovered, it is only necessary for the Attorney.Gen· limited powers. The district court.s are limited to suits involving not eral to make the fact known to the court or to Congress, and in that more than $1,000 as against the United 8tates and between the citizens case, I doubt not, the court will promptly recall the case, revoke its of different States; the circuit courts, to $10,000. Bat this court has findings, and pnnish the delinquents. Until such a case is pointed out no limit to its jurisdiction either in the amount involved or the class I crui only regard the insinuation of the chairman of the committee of cases. It has jurisdiction in law, equity, and admiralty, as is shown as a gratuitous attack upon those who have been afforded no oppor· · by the following extract from the law: tunity to defend themselves, and one not warranted by the facts. All claims founded upon the Coustitution of the United States or any law of The gentleman then complains that the committee have neglected Congress, except for pensions, or upon any regulation of an Executive Depart- and refused to investigate each case, and then makes this declaration: me?t• or upon a ny contract exi;>re:sed or impli_ed ~ith th~ Government of ~he If in each case the testimony taken by the court nnd the t-estimony taken by '!Jmted !?tates, or for da.i;nages,, llqmdated or unhqu1dated! rn ca!les not sound.mg the S6uthern Claims Commission or the Quartermaster-General's Department m tort,, m respect to _wh1cJ: clru.lllS the party woul.d be ent1tle!f to re.dress aga~nst had been compared, the conviction in many instances would have for<'ed itself the Umted States either ma court of law, equity, or admiralty if the Umted j upon the commi1tee that the case was rotten from top to bott-0m and that claim· States were suable. ants were well known during the entire war as disloyal. Look at a fow of the cases which this court has considered. The This, .Mr. Chairman, is a very broad assertion, and should not have Hot Springs case, involving property claimed by individuals and the been uttered without indisputahle testimony of its truth. Not a single Government worth not less than $6,000,0UO. The Supreme Courtsus· case is produced to establish so bold a proposition. It any such case ex:­ tained its action. Take "the great Choctaw case," but recently de- bts, it has not come to my knowledge. cided by the same judges now on the bench. The Court of Claims held As chairman of the War Claims Committee of the last Congress and that the Government was indebted to the Choctaw tribe about $300,· asa memberofthiscommitteeiu this Congress, I have had occa ion to 000. The 8upreme Court upheld the findings of law, but said the examine a large number of these cases. I have found some in which amount due the Indians was nearly $3,000,000. there was failure to prove that the claimants adhered to the United It can not becharged tha.tthejudgesof this courthaveanysectional States throughont the war or that they refused to aid the Confederate sympathy with these "rebel claims," as some people choose to designate cause. There may be many such cases, bnt none such, to my knowl­ the class of cases now under consideration. None of the judges are edge, ever passed the committee or were reported favorab1y by the from that section or sympathized with the rebellion; but, sir, you will Court of Claims. Besides, the assertion of the report is not a trank one, find no man from the South complaining because.of this. We believe for it leaves the inference that the testimony taken by both the Court the judges to be hor.est, impartial, able, and experienced. That they of Claims and the Quartermaster-General was not before that court are painstaking in the examination of the cases brought before them when each case came before it for consideration. is abundantly proven by the records of the War Claims Committee. AU the papers in these cases were on file in the office of the Clerk of Over one thousand cases have been examined and reported upon this House. ·when a case is sent to the court, under the provisions within the seven years since theBowmana·t:twasput into operation, and of the Bowman act, all the papers, including testimony of every de­ over 90 per cent. of the cases have been decided in favor of the Gov- scription, is transmitted with the order of transfer; and when the case ernment.. This does not show any dan~erous bias of the court in favor is tried in the Court of Claims, all the testimony and other proofs, of clain;iants. Less than one dollar in ten of the sums claimed have whether on the part of the claimant or the Government, is before the been allowed and we are asked to pay this allowance. The court has court, and that court does what 1he chairman complains of the com­ evidently weighed well and examined carefully the cases before it, and mittee for not doing, namely, compares not only the new testimony bas carefully considered the rights and interests ot the Government. offered, but all the testimony nsed on former hearings, whether before Mr. Chairman, there is one way in which this Congress can "censure the Claims Commission or the Quartermaster-General. the court" and besides do a great injustice. The court was consti- In other words, the court investigates and determines the facts from tnted to attend to and adjudicate this class of cases. We made the all the testimony before it, just as the Bowman act requires it should court. We authorized the claimants to enter it and prosecute the Gov- do, and does the work far more fully and completely, and with more ernment. In doing that we entered into a contract to pay the awards consideration, than any committee of Congress ever can. As I have made by-the court. We have neither the right nor the power io change a1 ready remarked, the testimony in many of these cases is very volumi­ that contract. nous; there are many such cases; small ones, as well as large ones, re- Alexander Hamilt.on, one of the greatest men this nation e>er pro· quire time and seclusion to investigate properly; and it must be ap- duced, said: parent to the House that to require such examination from the com- It is in theory impossible to recognize the idea of a. promise wl..iich obliges, mittee would occupy the whole time of the members, to the utter with a power to make a. Jaw which can vary the effect of it. neglect of their other equally important duties. We contracted with the claimants in these cruses that if they -would But, Mr. Chairman, suppose I concede, forthe sakeoftheargument, go into this court of ours, to which we gave power and jurisdiction that the court has erred in a few cases-and I know of none-and that greater than those we h3 ve ever conferred upon any other court, and awards have been made when the proof was insufficient and the claims there establish, .first, loyalty, and, second, the value of the articles should have been rejected. Should an error of this kind invalidate proven to have been used by the United States, we would pay for them. other claims against which no such complafot has been or can be made? The claimants accepted our terms when they filed their petitions. Errors of this kind will occur so long as judges, as "'ell as men. are fal­ They expended I::trge sums of money to establish the facts. lible. They occur in every Department of the Go>ernment. How The court has discharged :its functions, and we not only insult the many pensions have been granted that have proved to be fraudulent! court, do injustice to the claimants, but we violate law if we refuse to How many land patents ha~e been issued that had no valid foundation appropriate money to pay these awards, because Chief-Justice Waite, to rest upon ! It is well known that the grossest frauds have been per· in rendering a decision of the Supreme Court, said: petrated upon the Treasury in cases in which the fraud could 'not have Tlle United States are as much bound to pay their contracts as individuals. beensaccessfal if the cases had been before a court and passed through a judicial examination. And Justice Strong, in giving another opinion, said: Errors of this kind and the mistakes of clerks are sometimes the Where is the power of Congress t-0 add new terms to any contract wilh the res alt of carelessness, but more of them are caused by the haste in which rc,n~~e?o~~~~? th~V~~~:tiil~~~~~wer to annul vested rights? His certainly not the public business is transacted, and not from corrupt intention. Be­ cause of such errors shall we refuse to grant pensions or to issue land Anu we entered into a. contract with these claimants and gave them patents? The answer to this argument by the author of the minority vested rights in the awards of this court. report is that, if he can point out a single cfaim in the bill in which an But the chairman of the committee, while not censuring the court, award has been made by the court which is not supported by the tes· . ~ ...... I • ... ~ --... .' . ' . . ' .~ 1890. CONGRESSIONAL RECORD-HOUSE. 3031 timony in the case, strike it out, refuse to appropriate mon~y for its man from Texas [Mr. LANH.A.l\I]; the ground was all gone over, and I payment; but the 1act that such a case exists is no sufficient reason for am not surprised at the position taken to-day by the gentleman from refusing to pay other claims to which an objection can not be raised. Kentucky, in view of the fact that in the last Congress he went so far It is somewhat 11Dgenerous, to say the least, to attack a whole body as to say that this House bad jurisdiction of a bill oft.he Forty-ninth of claimants bemuse some one of them may not be justly entitled to Congress, and to pass an act for the payment of a claim that had never be paid; and this the chairman of the committee does in the closing been introd need in the Fiftieth Congress or had never been framed in paragraph by his assertion that "the real fact is that in very many of a committee of that Congress, and found fault then because that bill these claims the claimants were disloyal, and for that reason should be was not passed. excluded under the act from receiving compensation "-a reflection That question was brought to the attention of the House and the upon the Court of Claims. same length of time, about, was consumed in the discussion of it as has I have dwelt too long, perhaps, upon the subject, but I desired to been consumed on this point of order; and in reference to that I made fully inform the committee as to the true status of these claims, to an inquiry in the following language: show the treatment to which they had been subjected by the Claims Let me ask the gentleman this question­ Commission and the Quartermaster and Commissary Generals, and to .Referring to Mr. Dunn, of Arkansas- assure the committee that they bad never had a fair and impartial con­ Can any bill be passed by this Congress to carry out recommendations of the siderntion until submitt.ed t-0 the Court of Claims under the Bowman Court of Claims, in any given case, without first having the bill introduced and act for re-examination. The labor of the court is now before us in properly referred in this Congress? this bill, and the simple question is, will Congress pass the bill and Now, that is the point of order I made in this case. I hold that make an appropriation for the payment of these claims? either there must be some act of this House authorizing a committee to And, if not, why not? These claims are all for stores and supplies assume jurisdiction or else the matter must be referred to that com­ -- furnished for or taken by the Federal forces during the war, and were mittee in order that it may be authorized to act upon it. necessary for their subsistence. These supplies performed no insig­ .Mr. ROGERS. Will the gentleman from Iowa permit me just there nificant part in the success of the Union armies. The soldiers had to a word'f live, and, if to live, they had to eat. With intervening hostile armies Mr. KERR, of Iowa. Certainly. between them aad their base of supplies, the Government was unable Mr. ROGERS. In connection with that point I desire to ask the at­ • I to reach them with the rations required for their support, and they were tention of the g:entleman to the second paragraph of Rule XXIV, which compelled to live upon the country through which they marched. The reads as follows: Union generals have all, more or less, recognized the aid received from Reports and communfoations from the beads of Departments, and other com­ this source. Without these supplies the "march to the sea" would munications addressed to the House, and bills, resolutions, and messages from the Senate may be referred to the appropriate committees in the same manner have proved a failure. The soldiers would have perished from hunger and with the same right of correction as public bills presented by membel'f!. and exhaustion. Mr. KERR, of Iowa. Yes-- If these claimants throughout the conflict maintained their allegiance 1\Ir. ROGERS. Now, I just want to take a moment on that point, to the Union cause and contributed no aid to the Confederacy, and the with the gentleman's permission. , ,, court has adjudged that they did-and that judgment is conclusive upon Here, then, is a report made in pursuance of the act of Congress to us unle~ we repudiate the action of a court of onr own selection for the the House, and the Speaker, undt:r this rule, refers it to the propercom­ solution of the question-these claimants are entitled to compensation. n.ittee. The committee assumes jurisdiction and report.sit back. Now, And it may be well to inquire who these claimants are. As the records is that not as regular as the jurisdiction of the Appropriations Commit· of the commission show, some of them were foreigners who took no part tee, acquired by virtue of the estimates sent to that committee, or the in the conflict of arms, but remained neutral, and under treaties with President-'s message referred to it, under tbe act of Congress or under the nationalities to which they belonged were entitled to protection; the Constitution, as either may apply to the respective case? others, again, were widows and minor heirs; while some were negroes, .!\Ir. KERR, of Iowa. But we have no evidence that the reports of all of whom were faithful to the United States and awaited the boon the Court of Claims have ever by any action of the House been re­ of freedom which they confidently believed would follow the triumph ferred that committee. of the Federal arms. to Mr. ROGERS. I have not myself examined the report, but that is All of these were non-combatants, and being such their private prop­ conceded. erty was exempt from capture as booty of war. In the case of Klein vs. Mr. RICHARDSON. Tharn is no question about that. The UnitedStates, 13Wallace, 138, theSupremeCourtwenteven further l'ifr. KERR, of Iowa. That is not conceded, but, on the contrary, the than this, for in that case the court held that "the Government recog­ nized to the fullest extent the humane maxims of the modern ]aw of report of the committee as presented by the gentleman from Tennessee nations, which exempt private property of non-combatant enemies from [Mr. ENLOEJ leads to the conclusion that no such matter was referred. capture as booty of war.'' And the court adds, ''The cases were few Let me read. The report goes on to say: The Committee on War Claims, having classified all claims for quartermaster indeed in which the property of any not engaged in actual hostilities stores and supplies furnished for the use of the United dtates Army during the 't was subjected to seizure a~d sale." :Much of the property was fur­ late war and reported from the Court of Claims with favorabh~ findings has nished or taken upon promises of payment by military officers high embraced all such claims in the accompanying bill, and reports the same with in command, as the testimony in many of the cases shows, and these the recommendation that it pass. promises strengthen the equitable claims of the claimants. Mr. ROGERS. Uy friend wants to be entirely fair, I am sure. Finally, Mr. Chairman, we have held to these men "the word of Mr. KERR, of Iowa. Certainly. promise to the ear;" shall we "break it to tJie hope?" By the several Mr. ROGERS. I untlerstand from gentleme.n interested in the bill­ acts to which I have referred in the course of my remarks Congress has I am interested only in the point of order-that every single case was given them to understand that if they established their loyalty they reported to the House and by the Speaker reforred to the committee. would be entitled to pay for the property used for the subsistence of the Ur. RICHARDSON. And bills offered in nearlyeveryoneofthem. Army in the field; and the honor and dignity of the nation demand Mr. THOMAS. That is not the case. that the promise should be sacredly fulfilled. Mr. KERR, of Iowa. I deny that, and I make the denial by au­ Mr. Chairman, I have endeavored as briefly a.s possible to give the tbority of the chairman of the Committee on War Claims. Fully one­ facts and the law in these cases. So far as the facts are concerned, half of these bills were never reported to the committee. I know them to be correct. I believe I have not misstated the L:tw. .l\Ir. ROGERS. Neve1· referred to tbe committee, you mean? When the idle, the vicious, and unfortunate violate the la.w and set Mr. KERR, of Iowa. Never referred to the committee~ justice aside. the danger to the community. is remote. But the patri­ Mr. THOMAS. If the gentleman from Iowa will permit me a mo~ otic heart feels a pang when the law-makers of the country, upon the ment. As I unde~--tand it, in the Forty-eighth, Forty-ninth, and Fif­ floor of this House, through honest ignorance, catering to sectional tieth Congresses the Court of Claims reported back their findings in these prejudices or spurred on by the ambition of the demagogue, propose to cases; but in a very large number of cases in this omnibus bill, at least violate the Constitution, to break the contracts we have made, to take one hundred and twenty, no other action has been taken, no reference prirnte property without just compensation, to set aside the decrees of by any officer of the House, by any committee of the House, by the the courts, divest vested rights, and trample with ruthless feet upon Speaker of the House to anybody has been had until they were 1ound principles of law and canons of right consecrated in every virtuous heart in this omnibus bill; and that is the exact situation. for centuries. I yield the floor. .Ah-. KERR, of Iowa. Now, Ur. Chairman, I am not making that Mr. KERR, of Iowa. Mr. Chairman, I made this point of order, statement without authority. and I believe I am the only one who has not been permitted to dicuss it. Mr. E~LOE. Will the gentlem'.ln permit me just a moment? :Much has been said about the delay involved in the discussion of the ~Ir. KEHR, of Iowa. Yes. point of order, but justice compels me to state that most of the delay Mr. ENLOE. I wish to say that the statement of the chairman of has heen occasioned by speeches made upon the other side, evidently the committee is substantially correct so far as the reference of the with the impression that unless their case was presented very strongly findings is concerned. There are about one hundred and thirty-nine the decision of the point of order would be agairuJt them. cases in this bill, or one hundred and 1ort.v, where bi& have been in­ Now, Mr. Chn.irm:rn, this point of order is no new matter. My po­ troduced; and probably tn-enty-fi.ve or thirty, maybe fifty, I can not sition on this question is by no means a new one. This question was remember the exad number, that have been referred from the House discussed in the last Congress on a point nf order made by the gentle- at this session, the others having been reported at previous Congresses. -· .· .... ·- I . , ..,

3032 CONGRESSIONAL RECORD-HOUSE. APRIL 4,

/ Mr. KERR, of Iowa. Now, I have quoted the report of the com­ Mr. ROGERS. I agreed to that. mittee, and in that they seem to base their jurisdiction entirely on the Mr. KERR, of Iowa'. I say there is no difference between the old fact that these claims have been acted upon by the Court of Claims. rules and the new rules as to the committee getting jurisdiction. The .·. That whole matter was discussed in the last Congress, and it was only difference is this: That in the rules of former sessions a bill had claimed that, because the Speaker [Mr. CARLISLE], on the 19th De­ to be read in open House, whereas under the rules we have here they cember, had held that the claims were properly on the Calendar, it may be read and referred by the Speaker. But there is no change in followed that they were properly before the House for consideration. the rules with reference to what is necessary to give jurisdiction. There The question was discussed on the 29th day of January, 1888, and in must be a bill and a reference. .that discussion a number of gentlemen on the other side participated. Mr. ROGERS. My friend certainly does not comprehend the rule I The point of order, as I said before, was raised by Mr. LANHAM, and just read. It says that ''all communications addressed to the House the lat.e Ur. Cox, then in the chair us Speaker pro tenipore, made this shall be referred as other bills;" and the Speaker refers it in that way. decision: Mr. KERR, of Iowa. Now, in regard to the Bowman act. It pre­ The Chair is ready to decide the question. After bearing attentively the ar­ scribes that when the facts shall be found the court shall not enter gument in the Committee of the Whole, the present occupant of the cha ir would judgment thereon. The Jaw expressly denies jurisdiction in th~ court decide that. the class of bills of which the bill referred to is one were reported to the Forty-ninth Congress with accompanying reports from the Court of to enter judgment thereon. Why? Because it was believed that this Claims. They were, by direction of the Speaker, dul"ing the present session, body should consider the question and determine upon the merits as to ordered to be placed on the Private Calendar for consideration on Fridays. In whether or not they ought to pass, and Congress denied to the collrt the opinion of the Chnir it does not follow that these bills of a. former Congress are here for passage by the present House without the formalities contemplated the authority to enter judgment. The law says: by our rules. They are ou the Calendar for appropriate action. What is that Who shall report the same to the committee or to the House by which the appropri.ate action? It may be the reference of them to a committee- case was transmitted for its consideration. Now, I make the point of order that fully one-half of these bills h::i,ve The law further provides that if a bill is nQt disposed of in that Con­ not been referred to any committee- gress the court shall report again to the next Congress all bills not dis­ It may be to lay them on the table. The reference of bills to the Calendar posed of in the former Congress. does not necessarily imply that they are to be passed or to be considered with Now, the gentleman from Mississippi [Mr. HOOKER] the other day a. view to final disposition. Even messages from the President are directed to be placed on the Calendar; but no one would suppose that because a message spoke of the Tucker act. The Tucker act bas no reference whatever of the President is placed on the Calendar of the Committee of the Whole the to any of these claims. By an express provision of the Tucker act no committee should at once consider, for instance, the question of the tariff, pre­ claim can be considered unless it arose within six years before the time sented in that message, without such preliminary steps as the rules contemplate. it was presented; so that it can have no application to matters that Now, that was the decision made when Mr. Cox was in the chair as arose more than twenty-five years ago. Now, this report expressly ex­ Speaker pro tempore. cludes and the bill expressly excludes from the consideration of the Mr. REILLY. But as a matter of fact were not the bills placed on House the merits of every case. The court are in duty bound to re­ the Calendar without any action of the House? port to us the facts in the ca.se, so that we will know upon the presen­ Mr. KERR, of Iowa. I say this, that there is no evidence in any­ tation to Congress of the report as to whether the bill ought to pass the thing I have heard that there has been any action of the House with House or not. Here we have presented to us in a single omnibus bill reference to these bills. two hundred and fifty claims in a body, without a single reference as Now. the gentleman from Kentucky [~Ir. McCREARY] the other day to many of these cases. mentioned the fact that he had introduced one bill, and that that bill The CHAIRMAN. The Chair is prepared to rule upon the question was in this list. I bold that the Committee on War Claims had no of order raised by the gentleman from Arkansas. ri~ht to endanger the bill of the gentleman from Kentucky by putting Mr. ENLOE. Mr. Chairman-- it in an omnibus bill with two hundred and fifty other claims. The CHAIRMAN. The Chair will proceed with the ruling. l\Ir. WASHINGTON. Will the gentleman allow me to ask him a Mr. ENLOE. Mr. Chairman, I want to say this: I bad the prom­ question? ise of the Chair that I should be recognized on this resolution before Mr. KERR, of Iowa. Certainly. the matter was wound up. Mr. WASHINGTON. I introduced two other bills that are in there The CHAIRMAN. The Chair desires to say that gentlemen on that as pending, and as there are a great many others in this omnibus bill side who were recognized by the Chair occupied so much time that it which were regularly introduced and referred to the Committee on War is now impossible to recognize the gentleman from Tennessee, the hour Claims and reported back, why do you object to their consideration? for recess having nearly arrived. It is not the fault of the Chair. Mr. KERR, of Iowa. Mr. Chairman-- The point of order raised by the gentleman from Arkansas [Mr. Mr. WASHINGTON. Let me get to the point. Why not proceed ROGERS] is that tbe resolution offered by the ~entleman from Wiscon­ with the consideration of this omnibus bill, and then, if your objection son [Mr. THol\IAS] can not be entertained until this bill ha.s been con­ holds to these claims t]j.at have not been introduced formally, strike sidered by the Committee of the Whole, paragraph by paragraph, and them out and let the other claims in the bill be considernd. amendments offered if desired. The Chair thinks he stat.es the gentle­ Mr. KERR, of Iowa. Let me tell you that when we go into Com­ man's position correctly. mittee of the Whole and move to strike these claims out gentlemen Mr. ROGERS. I think that is a fair statement of it, but if the have their claims in there and are associated in this omnibus bill. Chair will permit me, I would rather put it in this way: Until the com­ They will all vote against striking out these items. Now, what is the mittee has entered upon the consideration of the bill. remedy? We can not have a vote in the House on it. The CHAIRMAN. In other words, until thecommitteehasentered Mr. OUTHWAITE. Yourremedyisinapointof order. Youmake into the merits of the question. The Chair holds that the resolution a point of order on any of those items, and it goes out. offered by the gentleman from Wisconsin [Mr. THOMAS] is a privileged Mr. KERR, of Iowa. Well, I have made a point of order on all of motion, and as such takes precedence of everything except a motion to them. I ma.de the point of order on all the cbims involved in this rise. The Chair is not prepared to bold that he will not consider, or bill, and it certainly ought to be sustained. allow this committee to consider, a. privileged motion or resolution as Mr. WASHINGTON. But you are making it against all these soon as presented, and in support of his ruling the Chair will have read amounts claimed in this bill, in which bills were presented as well as from the Digest what is there said under the head of "Questions of those in which bills were not. Privilege" upon this question generally. Of course it is for the com­ Mr. KERR, of Iowa. It ought to be sustained. The question is mittee to say whether they wish to adopt the resolution offered by the whether a committee of this House shall have jurisdiction to group a gentleman from Wisconsin, but it is not for the Chair to withhold, or large number of bills, bad, good, and indifferent, place them in an in any way to impede or retard, a privileged motion. The Clerk will omnibus bill, and have the good ones ride the bad ones through. now read from the Digest. Now, I think the point of order is right. The gentleman from Wis­ The Clerk read as follows: consin [Mr. Tamas], chairman of the committee, proposed to leave Whenever the Speaker is of the opinion that a. que$tion of privilege is in­ this to the Committee on Rules. I wish to call the attention of the vol>ed in a. proposition he must entertain it in preference to any other busi­ ness, such opinion, of course, being subject to a.n appeal; and when a proposi· House to a clause of our present rule which authorizes the reference tiou is submitted which relates to the privileges of the House it is his duty to of these matters to the Committee on Rules. I call att.ention to clause entertain it, at lea1t to the extent of submitting the question to the House as to 45 of Rule Xl: whether or not it presents a question of privilege. All proposed action touching the rules, joint rules, and order of business shall The CHAIRl\1AN. This statement in the Digest is followed by a be referred to the Committee on Rules. long list of refexences to decisions bearing upon the question in all its I hold that under this provision of Rule XI the motion of the gen­ aspects. Now, a point of order is addressed to the Chair, and it is for tleman from Wisconsin was in order, and that it ought to be sustained. the Chair to consider and pass upon it; but a question of privilege is a Now, Mr. Chairman, in regard to the Bowman act itself. I deny very different and a far higher question, and the Chair, considering f that the Bowman act authorizes these bills to he placed on the Calen­ that this resolution is such, 1elt it his duty to entertain it, notwith­ dar; and, if it did authorize it, the rules of this House make it void. standing the fact that in so doing it interfered with the question of order No body of men anywhere have the right to dictate to this body under raised by the gentleman from Iowa [Ur. KERR]. For these reasons what rules it shall proceed. That argument was forcibly made, if I the Chair overrules the point of order made by the gentleman from mistake not, by the gentleman from Arkansas [Mr. ROGERS] in the last Arkansas [Mr. ROGERS] upon the resolution offered by the gentleman session of Congress from Wisconsin [Mr. THOMAS]. •. . , . ' ·. '.•

1890. CONGRESSIONAL RECORD-HOUSE. 3033

M:r. ROGERS. And from that I appeal. Mr. ENLOE. Do I understand that the Chair rules that resolution Mr. SPRINGER. Pending that I move that the committee rise. oat of order? It is but a minute before the regular time when the committee has to The CHAIRMAN. The Chair has not made any such ruling. The rise under the rules. Chair has simply stated that the motion of the gentleman from Illinois The motion was agreed to. is not in order. The committee according rose; and the Speaker having resumed the Mr. ALLEN, of Michigan. Mr. Chairman, I raise the point of or­ chair, Mr. ALLE....'T, of Michigan, from the Committee of the Whole, re­ der that t.he resolution is not in order. It sets up nu alleged or real ported that they had had under consideration the bill (H. R. 7616) for fact.s as a reason why the bill should be referred. It is a. bare, naked the allowance of certain claims for stores and supplies taken and used resolution to refer a bill now on the Calendar of the Committee of the ~. by the United States Army, as reported by the Court of Claims under Whole to a committee of this House. No reason is given for such ac· the provisions of the act of March 3, 1883, known as the Bowman act, tion, and hence this is not a privileged motion and should not be enter­ and had come to no resolution thereon. tained by the Chair at all at this time. In other words, the motion is is a LEAVE OF ABSENCE. out of order. It not privileged motion. If the gentleman from Tennessee [Mr. ENLOE] wanted to be as brilliant as this attempt would By unanimous consent, leave of absence was granted as follows: indicate, he should have gone farther and made his motion a privileged To Mr. LESTER, of Virginia, for four days, on account of important one, which he has entirely failed to do. You can not by any possi­ business. bility ofter a simple resolution to refer a bill to any committee while To Mr. DIBBLE, for ten days, on account of important business. we are in Committee of the Whole; you can only recommend that it be The hour of 5 o'clock p. m. having arrived, the House, under the done. There must be some reason alleged and that reason sufficient rule, took a recess until 8 o'clock p. m. to make it a privileged question, going to the rights and privileges of ·. some member of this House, of the House itself, or of some committee EVENING SESSION. of the Homie, to make it analogous to the one partially copied. I give The recess having expired, the Honse reassembled at 8 o'clock p. m. this parliamentary exposition gratuitously for the benefit of the gen­ The House was called to order by Mr. MORROW, who directed the tleman from Tennessee, who evidently wants to undertake to repeat reading of the following communication: here this evening the afternoon's proceedings, bat he has not under· . , SPEAKER'S ROOM, HOUSE OF REPRESENTATIVES, taken it in such a. way as will stand the test. Washington, ..4.prtl 4. Mr. ENLOE. Mr. Chairman, I am very much obliged to the gen­ Mr. MORROW is hereby appointed Speaker pro tempore for this evening'e ses­ tleman from Michigan [Mr. ALLEN] for his reference to the supposed sion. T. B. REED, Speahir. fact that I would like to display some of my brilliancy by offering this resolution, and I am also very much obliged to him for giving us Mr. MORRILL. Mr. Speaker, I move that the House now resolve some further evidence of his own brilliancy in addition to that which itself into Committee of the Whole for the consideration of bills on the be gave while he was presiding in Committee of the Whole to-day. Private Calendar under the special order for. Friday evening sessions. The resolution I have offered is the same in terms as the one which the The motion wa.s agreed to. gentleman, while he occupied the chair to-day in Committee of the The Honse accordingly resolved itself into Committee of the Whole, Whole, decided to be in order. It makes no difference whether it is Mr. PETERS in the chair. a privileged question or not. I got the floor to offer this resolution, and HAR:BISON WAGNER. I did not need to make it a privileged question. There is as much priv­ The CHAIRMAN. The House iq in·Committee of the Whole for the ilege in it as there was in the resolution which the gentleman ruled to . , consideration of business on the Private Calendar under the special be in order to-day. He decided that a resolution in these idt>ntical order. The Clerk will report the first bill. terms, to take a bill out of the hands of the Committee of the Whole The Clerk read as follows: and send it to the Committee on Rules, was in order. A bill (S. 645) granting a pension to Harrison Wagner. I am here to-night to commend to the gentleman's lips the chalice Mr. YODER. Mr. Chairman, I reported that case and la.qt Frida from which be made me drink to-day. And the question upon this evening I asked that it be laid aside. I now ask unanimous conse t resolution will be decided. Either the Chair will rule it not in order to withdraw it for the present. or he will rule it in order, and then I will proceed to take the same There was no objection. <'.oarse that has been taken here with reference to the bill I had the honor to report to this Honse from the Committee on War Claims. I JAMES H. FLEMING. say there is as much ground, as much right, as much parliamentary law The next business on the Private Calendar was the bill (H. R. 2044) for taking this bill out of the hands of this committee and referring it granting a ~nsion to James H. Fleming. to the Committee on Rules as there was for taking the bill that I had The bill was read, as follows: in charge to-day out of the hands of the Committee of the Whole and Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ referring it to the Committee on Rules. What was good sauce for our thorized and directed to place on the pension-roll, subject to the provisions and goose to-day is good sauce for your gander to·night, and I propose you limitations of the pension laws, the name of James H. Fleming, of Company E, One hundred and fifth Ohio Volunteer Infantry. shall take it. The report (by Mr. LANE) was read, a.s follows: The gentleman says this is a plain bill and there is no reason for re­ ferring it. So was the other a plain bill, and there was no reason for re­ The Committee on Invalid Pensions, to whom was referred the bill ~H. R. 2044) granting a. pension to James H. Fleming, submit the following report: ferring that, except that the gentleman, as occupant of the chair, found The soldier in this case enlisted A ugustll, 1862, and was discharged June 3, 186.5. himself involved in parliamentary difficulties out of which he could not The basis of thie claim is injury to knee in battle at Jonesborough, Ga., which extricate himself, so that he needed the advice of the Committee on finally resulted in amputation of the leg. The claim was rejected by the Pension Office for the reason that the injury Rules, or else because there is behind this movement a deeper purpose, was not due to the service. It is in evidence that this man was sound and because certain gentlemen who are undert.aking to influence, shape, and healthy when he entered the Army, and be was in the battle of Jonesborough, control the action of this House in regard to the class of claims pre­ Ga., and he sweare that while on a double-quick in that battle he fell on bis knee and received the injury in question, but no one saw him just at that mo­ sented in the bill that I had in charge to-day want to take it out of his ment. It is in evidence by several comrades that just after the battle he com­ bands and have it referred to them. For what purpose? To settle any plained oft.he injury to his knee. and after this several witnesses testify during legitimate question; to settle the parliamentary status of the bill? several years after the war as to the injury of the soldier's knee, until it became so affected that amputation was necessary in order to save the soldier's life. That was the duty of the Chair. To make a new rule? The Committee . ; This claimant was in the Army over three yea.rs, and in the absence of any on Roles had that opportunity for three weeks, but they would not re­ t.estlmony that he ever received any injury but in the battle mentioned, it iii not port any rule in regard to these cases. Is it because these claims are e.sking too much to believe the sworn statement of this soldier, and the com­ mittee resolve the doubt, if there is any, io favor of the soldier, and recommend not just? There has been no man here who could successfully impeach that the bill do pass. their justness. Insinuations and false charges have been made, but we Mr. ENLOE. Mr. Chairman, upon this bill I submit the resolution have had no opportunity to pref!ent the facts, and we are not to be given which I send to the desk. that opportunity. The resolution was read, as follows: These claims, coming as they do from eleven of the Southern States, Resolved, That the Committee of t.he \Vhole House report House bill 2044 to are inst claims of loyal citizens a~ainstthe Government-adjudged to the House with the recommendation that it be referred to the Committee on be loyal hya loyal court, after the Government has had its day in court, Rules, the committee to investigate the status of said bill in connection with bas made it.s defense, and ha.s bad access to every department of the Gov­ the practice of the House, as early as practicable to ml\ke such recommenda­ tion in the premises as they may deem proper for the consideration of tbe ernment for the purpose of making that defense; and yet by this parlia­ House, including any change of rules d<'emed by them necessary for just action mentary legerdemain and trickery the bill is to be taken out of the on the pa.rt of the House as to this and similar bills. status given it under the rules of the House and referred to that grave­ Jl:t:r. LANE. Mr. Chairman, I move to lay that motion on the table. yard for just measures, the Committee on Rules. Mr. ENLOE. I would like to know if the Chair entertains that reso­ Mr. WILLIAMS, of Ohio. I would like to make a parliamentary lution. inquiry. I would be glad to know whether we meet to-night to dis­ The CHAIRMAN. The gentleman from Illinois [Mr. LANE] moves cus.;,; the question of pensions or the Southern claims bill to lay the resolution on the table, but the Chair will state to the gen­ Mr. ENLOE. I am very much obliged to the gentleman for. the tlem<1in that a motion of that kind is not iP order in Committee of the question. I will an!'lwer it. I will state to the gentleman that I am Whole. proceeding simply in accordance with the rules that have governed this

l'"" \ - , .I ...

3034 CONGRESSIONAL RECORD-HOUSE. APRIL 4,

House for two Fridays, when every gentleman who has taken the floor of the Whole. And I want this Chair to decide upon the same point has talked about everything else than the point of order. I have that was presented to the occupant of the chair to-day' so that we may not attempted to discuss that question on these two Fridays, because be able to see what is to be done in ·respect to questions that may arise I wanted a vote; I wanted action on the bill; I wanted a decision from when a bill is in the Committee of the Whole upon motions of this the Chair. I have appealed to the Chair time and again to stop the character, taking it out of the bands of the committee, reforring it to discussion, to say that he was satisfied on the point and ready to ren­ some other committee than that from which it originated, or refer it der his decision. back even to the committee in which it had originated before being If it is permisslole on Friday to talk the day away on everything considered by the committee or its consideration entered upon before '· except the business before the House, I suppose it is strictly in order the House. on Friday night to repeat the performance. Now, I will yield the floor and ask the Chair for a ruling upon the l . I will have something to say about the merits of that bill when it point of order raised. \. comes up. I am prepared to defend the action of my committee and The CHAIRMAN. The Chair does not think the motion of the my action in this House when I get an opportunity to do so. But I gentleman is in order, and therefore sustains the point of order made have not been willing, under pretense of discussing the point of order, against it. to talk about the merita of the claims involved in that bill. I am Mr. ENLOE. From that decision, Mr. Chairman, I take an appeal. obliged to the gentleman for calling my attention to the point now. The CHAIRMAN. The question is, Shall the decision of the Chair A MEMBER. Sit down. stand as the judgment of the committee? Mr. ENLOE. Yes, I will sit down and· 1et the Chair rule. I have The decision of the Chair was sustained. said all that I want to say at present, but I am going to have a vote The CHAIR.MAN. If there be no objection, the bill will be laid taken upon it. aside to be reported to the House with the recommendation that it do Mr. ALLEN, of Michigan. Mr. Chairman-­ pass. The CHAIRMAN. The Chair is ready to rule. There was no objeqtion, and it was so ordered. Mr. ALLEN, of Michigan. But I would like to say a word in an­ THO:M:AS J. CASSIDY. swer to what has been said by the gentleman from Tennessee [Mr. The next business on the Private Calendar was the bill (H. R. 2043) ,I · ENLOE]. That gentleman bas failed to comprehend either the resolution granting a pension to Thomas J. Cassidy. he has now sent to the Chair or the question that was belore the Com­ The bill was read, as follows: mittee of the Whole this afternoon. The resolution sent to the Chair Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ by the gentleman is anaked request on the part of the mover that a thorized and directed to place on the pension roll, subject to the provisions and certain bill be relerred to the Committee on Hules. That motion is en­ limitations of the pension Jaws, the name of Thomas J. Cassidy, late of Company tirely out of order. But the gentleman seems to think that it is simi­ B, Thirteenth New York: Heavy .Artillery. lar to the question raised this afternoon; and in his criticism of those The report (by Mr. LANE) was read, as follows: who have spoken to-day, who, by the way, were two to one npon his The Committee on Invalid Pensions, to whom was referred the bill (H. R. 2013) granting a pension to Thomas J. Cassidy, submit the following report: own side ot the Honse, and his criticism of the then occupant of the The soldier enlisted August 10, 1863, and was discharged August ~4, 186.5. chair, he bas undertaken to show that thetwo propositions are similar The be.sis of the claim is gunshot wound while returning from furlough and ..... as on board a. boat between Baltimore and Fortress Monroe, about .January, 1804, and that the pre.sent occupant of the chair must rule the occupant which gunshot wound was accidental. of the chair did this afternoon. The claim was rejected first on the ground that the incurrence of the alleged The motion this afternoon, reciting that a bill which the gentleman wound was not while in line of duty, which ground of rejection was afterwards himself reported contained matters never submitted to his committee chanKed to the claimant's inability to furnish the proof necessary to establish bis case. -. (a. grave charge a~ainst him and his committee), presented a question T\Vo of his comrades testify in the record that the soldier was wounded acci­ of the highest p.dvilege, which any man of candor and brains must at dentally, through no fault of his own, ou a boat between Fortress Monroe and once recoj!nize as a question of privilege. And that is the difference Baltimore, in January, lSM. by a gun falling from a.stack of gnns a.nd being dis­ charged by such fall, and the ball of said gun striking him in the right breast between the resolution of to-day and the resolution to-night. The re o­ andcomingout in his arm juc;t below his right shoulder. These witnesses swear lution of to-day charged the gentleman impliedly with introducing into they were present and saw this m.atter themselves, and these facts are not dis­ •I this House a bill which he had no authority to introduce. That raised puted. The examining surgeons in their report state that this soldier's disa­ bility is three·fourths tota.l, incapacitating him from performing manual labor. the question of privilege at once, and to shield the gentleman, to shield We see no good reason why the name of this soldier should not be placed on his committee, to give members who were thus charged an ')pportunity the pension-roll, and therefore recommend that the bill do puss. ., as a matter of privilege to refute this charge, the motion was enter­ The bill was laid aside to be reported to the House with the recom­ tained as a privileged motion. not in theinterestof delay, not as against mendation that it do pass. the bill, but to see to it that the rules should not be violated, that when a privileged question comes up it shall be entertained. ELIZA RICHARDSON. But the motion before the Honse submitted by the gentleman from The next business on the Private Calendar was the bill (H. R. 3531) Tennessee bas· none of these elements. If the gentleman bad intended granting a pension to Eiiza. Richardson. to raise the question he should have gone further and put into bis res· The bill was read, as follows: olution, what if he bad put into it be would have known to be false, Be it enacted, etc., That the Secretary of the Interior be, and be is hereby, authorized and directed to place on the pension-roll the name of Eliza. Ri<'hard­ that this bill e;ot upon th~ Calendar to-night nnderfalse pretenses. He son, mother, by adoption, of Thomas J\larmaduke Hog~ who enlisted .under the did not dare do it, and there is nothing for the Chair to do but to rule name of Thomas .\larmaduke in Company D of the Tenth Regiment of l\Iis­ the motion out of order. It bas no privilege. souri Volunteer Infantry, and who died on the 18th day of February, A. D. 1888, and that said Secretary ca.use to be paid to said Eliza. Richardson a. pension of Mr. ENLOE. Mr. Chairman, I want to say in reply to the remarks of Sl2 per month. the gentleman from Uichigan that he has given convincing evidence, The report (by Mr. L.ANE) was read, as follows: ever since he bas been called upon to preside in committee of the Whole; The Committee on Invalid Pensions, to whom was rererred the bill (H. R. not only to this House, bat to the whole country, that upon questions 3531) granting a. pension to Eliza. Richardson, submit the following report: of parliamentary law he is par excellence the authority in the United The claimant in this case i.s eight:v·one yea.rs old. She was the mother, by States. He undertakes to say that there was a grave charge against the adoption, of Thomas l\larmaduk:e Hogg, who enlisted in Company D of the Tenth Missouri Ir.fan try under the name of ThoUllls Marmaduke. Committee on War Claims. I say in reply that there is no charge con­ Gilbert D. Gray, who wrui first lieutenant in said company, states that the sol· tained in the motion or any propositson that is pending before this House dier enlisted in July or August, 18Gl. That shortlv after enlistment, while on that in the least degree reflects upon the action of that committee. It march, by an accident, he was ruptured Yery badly. That in February or March, 186'.?, he was taken sick and sent to the hospital at St. Charles, 1\Io.,and is a parl:i,amentary qne.5tion simply, going to the jurisdiction of the com­ thence to hospital at Keokuk., Iowa, from which he was diRcharged. mittee over this bill. The claimant states that the soldier contracted ca.tarrhal fever and pleurisy in But I am not astonished that the gentleman from Michigan is not the i;:ervice as the result of an attack of measles; that he died February 18, 1888, and left uo widow or child. able to draw a distinction between a parliamentary question and the That her husband is seventy-eight years old and unable to work; that she has right of the committee to embody the claims in the bill. It is a con­ had no child other than this one by adoption. vincing evidence, if any further evidence was required, that the gen­ S. V. Elliott states that the soldier's health was much broken when he came out of the service, and that he was n ever married. · tleman does not know a. parliamentary question when he meets it in D. R Thomber states that he was intimately acquainted with the soldier be­ the road. fore and after his serYice, and tllllL his heallh was much impaired by the serv­ Mr. ALLEN, of Michigan. Do not scold; do not scold. That is an ice, and that he was never married; that from infancy he was intimately ac­ quainted with the soldier up to t he time of his service anrl after; while be was old lady's prerogative, and not that of a member of Congress. in h ospital at Keokuk and after his discharge; that he visited him at the hos­ Mr. ENLOE. I am not going to scold; not going to scold at all. I pital and he was then suffering from wounds. After his discharge he frequently am simply following the example set by the gentleman himself. He complained of catarrh and pleurisy, and at times was totally disabled; that he was the chief support of his parents by adoption; that both pa.rents are unfit for has criticised my opinion. I ~m criticising his. labur, and the mother is an invalid and a. cripple; that their means of support So far as raising any que.

1890. CONGRESSIONAL RECORD-HOUSE. 3035

Other witnesses make similar stat.ements t-0 the a.hove recited. While be was EVELINE M. .ALEXANDER. in the service he sent money home to his adopted pa.rents. Your committee believe the case is meritorious and recommend the passage The next business on the Private Calendar was the bill (H. R. 4441) of the bill, but amend said bill by inserting aft.er the words .. pension-roll" the granting a pension to Eveline M . .Alexander. following words: "subject to the provisions and limitations of the pension laws.'' and strike out the last two lines of said bill. The bill was read, as follows: Be it enacted, etc., That the Secretary of the Interior be, and 'is hereby, au­ The amendments recommended by the committee were adopted. thorized and directed to place on the pension-roll, subject to the provisions and The bill as amended was laid aside to be reported to t·he House with limitations of the pension laws, the name of Eveline M. Alexander, and rate the recommendation that it do pass. her pension at $50 per month, which shall be in lieu of the pension she now re­ ceives. JOHN C. BADDELEY. The report by (Mr. SAWYER) was read, as follows: The next business on the Private Calendar was the bill (H. R. 6292) The Committee on Invalid Pensions, to whom wa.s referred the bill (H. R. for the relief of John C. Baddeley. 4441) granting a pension to Eveline M. Alexander, submit the following report: That a bill similar in all respects to the present one was introduced into the The bill was read, as follows: last Congress and referred to this committee, and by th.em favorably reported Be it enacted, etc., That the Secretary or the Interior be, and he is hereby, au­ upon. The bill failed to pass the last Uongress. thorized and directed to place on tl:le oension-roll, subjectto the provisions and The committee, believing this to be a meritorious case, would adopt the re­ limitations of the pension laws. the name of .John C. Baddeley, dependent port of the last Congress, hereto annexed, and recommend that the bill do pass. father of James Baddeley, who was killed in the battle of Jonesville, Va., while fighting as a private soldier in the Sixteenth Illinois Cavalry. The Committee on Invalid Pensions, to whom was referred the bill (II. R. The report (by Mr. LANE) was read, as follows: 4578) granting a pension to Eveline M. Alexander, widow of Bvt.. Brig. Gen. An­ The Committee on Invalid Pensions, to whom was referred the bill (H. R. drew J. Alexander, submit the following report: 6292) granting a pension to John C. Baddeley, submit the following report: It appears from the report of the Adjutant-General, on file in the Pension The corrmittee find that James C. Baddeley, a son of this claimant, entered Office, that General Alexander entered the regular Army or the United States the Army in 1.853, then but seventeen years of age, and that he was too young July 26, 1861, as second lieutenant, and remained until May 4, l&f7, when he to be mu~tered into the service and wa~ not mustered in, but notwithstandin.g died. holding the rank of lieutenant-colonel. Ht> served as adjutant-general of this fact he joined Company I, Sixteenth Illinois Cavalry. the Third Army Corps of Army of the Pvt-0mac, and of the SeventeenLh Corps That evidence shows that in all battles in wla.ich said regiment was engaged of the Department of the Tennessee. Served as chief of staff to General Stone­ said James C. Baddeley took a part and was with the regiment at the battle of man, com man ding Uepartment of the Tennessee, and also as inspector-general Powell's Valley, November, 1863; also in the battle of Jamesville, Va., January in 1865. Subsequ~ntly served with his regiment and in other capacities in Ar­ 3, 1864, in which battle he was killed while doing a soldier's duty in the ranks. kansas, New Mexico, Arizona., Colorado, Texas, and Montana. That in 186·> be The father is now seventy-two years of age and has been totally paralyzed was retired from active service in consequence of disabilities incurred in the since 1880, and that the soldier's mother is sixty-eight years of age, and that line of duty as an officer of the Army. they have no means of o. livelihood, and that if said son was now living they It appears that in 186.5 he comm.anded the Second Brigade, Fourth Division would both be depending on said son for their support. The mother's name is C::i.valry Corps, Military Division of the Mississippi. Ellen Baddeley. l\Irs. Alexander is now receiving a. pension of $30 per month e.s the widow of These facts are incontestibly proven in this case, so the committee recommend a lieutenant-colonel. that said bill be amended by striking out the name of John C. Baddeley from said The ..evidence shows that she is a lady in ordinary circumstances, with n. bill and insert in lieu thereof the name of Ellen Baddeley: and also strike out young son, about twelve years of age, and at that age when the expenses of the word" father" in the sixth line of said bill and insert in lieu thereof the word education are rapidly increasing. " "mother," and that the title of the bill be amended accordingly, and that the The letter from General Wilson, one of the most distinguished cavalry officers bill ns so n.mended do pass. of the Army, addressed to one of the committee, is annexed hereto and made a part ot this report. Mr. KILGORE. I would like to have some member of the commit­ The committee believe that this lady, the widow or so distinguished an officer, tee in this case explain why the mother is made the beneficiary instead who bravely comm.anded a brigade while in active service, who was in fact a brevet brigadier-general, there being no vacancy in the full rank, is under the of the father. circumstances fairly entitled to the relief this bill seeks t-0 give, and therefore Mr. LANE. That is the law now. recommend that the bill pass. Mr. MORRILL. The father can not be the beneficiary while the mother is living. w ASHI.NGTON, March 14., 1888. Sm: I beg to call your attention to the claim of Eveline l\I. Alexander, wife Mr. KILGOHE. Is that the rule? of the late General Andrew S. Alexander, for an increase of pension. Mr. MORRILL. That is the law. It was my good fortune to know General Alexander during the rebellion­ The amendments recommended by the committee were adopted. appointed into the Army from .Missouri, and by conspicuous merit rose to the command of a. brigade of cavalry in the corps which 1 had the honor of organ­ The bill as amended was laid aside to be reported to the House with izing and comma.nding. Prior to that he was a. lieutenant.colonel and assistant the recommendation that it do pass. adjutantrgeneral of tbe Seventeenth .Army Oorps, on the staff of his brother-in­ law, Maj. Gen. Frank Blair. DOUGLASS SillTH. After serving with me as chief of sta.ff through the Nashville campaign, dur­ The next business on the Private Calendar was the bill (H. R. 5915) ing which he rendered most valuable serviee, I secured for him the rank or brevet brigadier-genera.l (it being understood that he could not be appointed to granting a pension to Douglass Smith. the full rank because there were no vacancies in that grade) and assigned him The bill was read, as follows: to the command of l1i brigade of cavalry in Upton's (Fourth) division, which E e it enacted, etc., That the Secretary or the Interior be, and he is hereby, au­ command he held during the final campaign through Alabama and Georgia, thorized and directed to place on the pension-roll the name of Douglass Smith, with which the war was ended. He greatly distinguished himself in the battles of Cedar Falls, Iowa, and pay him a pension at the rate of $12 per month. at Montevallo, Ebenezer Church, tbe assault and capture of Selma, the passage ,.,._ of the .Alabama, the assault. and capture of Columbus. Ga., aud finally in the Tbe report (by Mr. SA WYER) was read, as follows: operations which resulted in tile capture of Jefferson Davis. 'l'hc Committee on Invalid Pensions, to whom was referred the bill (IL R. In all these battles and operations he was conspicuous for the energy, cour­ 6915) granting a pension to Douglass Smith, submit the following report: age. activity, and ability with which he commanded and led his bri&-ade He The beneficiary was employed as an officer's servant by Bvt. Maj. Gen. Will­ was constantly under my observation, and I most cheerfully bear witne"8 to his iam \V. Averell, United States Army, from November, l!i6l, to December, 1863, high qualities and character, as well as to the untiring mdustry and persistency under the then existing laws and regulations of the Army. That on the 19th of with which he performed every duty. Decemuer, l-163, near Covington, Va., while accompanying said General Averell I was personally a witness to an incident which I do not doubt was proxi­ on the "Salem raid," and while, by command of General Averell, he wa!' tak­ mately the cause of his death. During the passage of the Alabama by the corps ing care of Capt. L. l\Iarkbrut in an ambulance, the said Smith and sa.id captain on a. ponton bridge, built for the occasion, Alexander, with a small boat and were both taken prisoners, and said Smith was taken to Andersonville prison, crew, was trying to protect the bridge from the drift-wood with which the river .- Ga., where he remained about sixteen months, the said Smith being one of the was filled by the rapidly rising flood. An enormous tree caught hie frail craft eleven survivors of the ninety soldiers captured at the same time from the com­ between it and the bridge, overturned the era.ft, threw the general into the wa­ mand of General Averell. ter, and as be a.rose to the surface and seized the bow one of 1 he pontons caught General Averell says of him: and crowded him almost to death. He was rescued with great difficulty; two .. Ile was a very active and intelligent man, who, besides performing the of his ribs were broken, his back was severely injured, and his lungs badly duties of an officer's servant in an acceptable manner, carried arms, and was bruised. frequently emplo~·ed by me to carry orde.rs when it was important they should Twenty-two years afterwards.while suffering from di:!ease directly the result · be delivered clearly and intelligently. Ile was fearless and cool-headed in action, of his long and faithful servi-0es, he died from the burating of an abcess on his and, being a. competent and skillful nurse, frequently gave attention to wounded lun~rs. wilichl doubt not had its origin from the injury just described. He was oflicers and men. at the time in the line of his duty as d briga.dier"general, and it was not his fault "'rhe hardships, pri,n.tions, and horrors of the prison left him an emaciated, that he did not hold the full rank. He wasregnlarly assigned to command be­ dement-ed, human wreck, who came back to me in 1865 covered with sores." fore that date as a brevet brigadier-general, and for all purposes of the military He was not an enlisted man, but an officer's servant., whose status is recog­ service and for the law he was just as much a. brigadier-general as a dozen ap­ nized by the Rules and Articles of 'Var and the Regulations of the Army. His poinlment.;i to t.hatgrade could have made him. He commanded and was obeyed employment was authorized and his conduct regulated by law. Ile performed as such, he was injured as such, and now that he is dead, leaving his wife and bis duties as an officer's servant, and often those of a soldier, faiLhfully and yonn~ son d .- pendent upon the justice and liberality of his country, I submit well, and it was as orderly that he w as captured and held a prisoner. He is that they should receive a pension according to his s~rvices and command as a found so reported namely, "General Averell's orderly," by the enemy. His brigadier-genera.I, anmm!ssion of hrigad·er-genero.l of vo!­ Jilr. MORRILL. That is probably 3 clerical error in the report. u11teen1 couid have il!.lposed no atlditional service, danger, or command upon Mr. TA.R8NEY. For he could not have been there sixteen months. birn, I trust his widow's petition may be promptly granted. He who gi,es quiekly gives twice. In this case I hope there will be no delay. The bill was laid aside to be reported to the House with the recom- If deemed necessary, I will cheerfully make affidavit to the t.Iuth of the fore· mendation that it do pass. going statement. . , :

.- 3036 CONGRESSIONAL RECORD-HOUSE. APRIL 4,

Perhaps I should add that General Alexander was also the brother-in-law of just allown.nce of their claims out of the great taxation that has been. Major-Genera.I Upton, of New York, and that young Upton Alexander is now the sole representative of those two most gallant and patriotic soldiers, and is imposed upon them in common with all others, you propose to switch dependent upon this increased pension for the education a boy of such lineage them off and side-track them and not meet the issue at all. Now, I should receive. want to fight it out. I do not care which way it goes, but I want the Very respectfully, your obedient sen·a.nt, . JAMES H. WILSON, issne to be met. La t ~ Maj. Gen. Voi., Comdg. Oav. Corps M. D. M., Mr. WILLIA.MS, of Ohio. I have voted for every claim that was and Br~vet Maj. Gen., U.S. A. ever brought to the attention of this House from the committee wherein Hon. JoHJ.'i G. SAWYER, the loyalty of the claimant was esta.blished, and I expect to do so. House of .Representatives. Mr. ROGERS. Mr. Chairman, I do not care how the gentlemm Mr. KILGORE. Mr. Chairman, I do not understand exactly what voted, whether he voted for them or voted against them. What I in­ is the amount carried by this bill. sist upon is that you consider the bill, and say whether you want to The CHAIRMAN. It is $50. pay these people or whether you will not pay them. So far as I am Mr. KILGORE. The habit bas been when a bill of this size bas personally concerned, I believe that with one exception there is not one been brought before the committee to require that it be reported to the of those parties mentioned in that bill known to me. The one that full House for consideration when a quorum is present. I think it is I do know is a man who had lived in Tennessee and has moved to well enough to adhere to that practice. my district, with whose claim I became acquainted from correspond­ Mr. PAYNE. I want to suggest to the gentleman from Texas that ence that has taken place. I find his matter in this list, so I insist ' I this would be a good ti me to make an exception to that rule and to let that this arrangement shall not be made. I insist on it in the interest it go. There will be enough bills that will go back to the House in of fair play. I have already learned that those who want to get any­ all probability, and I think he had better let this case go through. thing here have to fight for it, and I have the war-paint on and mean Mr. KILGORE. lam very much ~bliged tothe gentleman from New to fight from this time forward until justice and right shall be done York for thesuggestionjustmade, but still Iamnotinclined to take it. in the disposition of public businesa. Mr. PAYNE. I am very much surprised that the gentleman is not Mr. KERR, of Iowa. Will the gentleman yield for a question? inclined to take a good suggestion. Mr. ROGERS. I will. J Ur. KILGORE. There are a great many good things that I do not Mr. KERR, of Iowai. Would the gentleman be willing to hang about take. [Laughter.] two hundred and fifty pension claims together in one bill and pass them Mr. PAYNE. Notwhentheyaresoeasilywithinreach. [Laughter.] all, all in one, without giving any opportunity for investigation? Mr. KILGORE. Now, I say this, that something may tarn up that Mr. ROGERS. I propose to ''hang '' a thousand of them until you. will bring on an investigation, anditmayturnoutto be not as meritorious gentlemen suffer the consideration of this bill to pay the claims of loyal a case in the mind of the House as it is in the mind of the gentleman men at the South. That is all there is about it. Now ifyouarewiU­ from New York. We had an exhibition of that to-day in a case brought ing to deal fairly, rightly, and properly and to consider these issues I over from the previous Friday night, where it was proposed to increase am willing to do it. I have never come here to obstruct the passage )'. a pension from $25 to $50. When the question was submitted to the of pension bills, and I do not want to do it to-ni~ht, but I am not will­ full House by a large majority it refused to agree to the report of the ing to let yon take up next Friday and every other Friday with other Committee of the Whole. That change occurred by an investigation business, so as to prevent the consideration of this one bill which yoa: in the time which intervened between Friday night's session and the evidently propose to side-track so as not to have to meet the issue that action of the Honse to-day. is involved. Now, I am willing to accommodate the gentleman. Of course I Mr. CUTCHEON. Will the gentleman yield for a question? could prevent him taking any course with it, but I am not inclined Mr. ROGERS. I will yield to the gentleman from Michigan. to. So long as I am in good hum~r I am not going to do so. [Laugh­ Mr. WILLIAMS, of Ohio. I want to say to the gentleman that it ter.] is too late, we have passed along in civilization too far, to allow threats Mr. PAYNE. Oh, let it go through. from the South or from any other portion of this great· country to sway Mr. KILGORE. I make the motion that the Committee of the the action of the House of Representatives. Whole report this bill back tothe House with the recommendation that Mr. ROGERS. I have made no threats, Mr. Chairman. it be considered in the House on Friday next with the previous ques­ Mr. WILLIAMS, of Ohio. I do not understand the English lan­ tion ordered, the right of amendment and of discussion of fifteen min­ guage if the gentleman was not threatening the House in language that utes on either side reserved. I thought was entirely uncalled for. Mr. ROGERS. Mr. Chairman, I desire to make a suggestion before Mr. ROGERS. Mr. Chairman, nobody disputes the gentleman's not the motion is put. To-day is Friday-Good Friday. We took up about understanding the English language. [Laughter.] I agree to that half of Good Friday's regular session in passing bills that came over I do not say that we are going to threaten you with anything. What from last Friday night relating to pensions, and all the balance of this I do say is that you must do this business according to the rules of the Friday and all the balance of last Friday was ta.ken up in discus.sing Honse; your own roles, not ours; the rules that you said you adopted points of order with reference toa bill providing for paying loyal claim­ for the purpose of "doing business." All I ask is that you will coo.­ ant.sin claims that are pending and coming from the southern portion sider these claims. Vote them down or vote them up, as you choose; of the country. it does not make any difference to me. Now, I suggest, therefore, that this claim shall not go over till next Mr. WILLIAMS, of Ohio. I understand that that is what we are Friday, or any other Friday, until we have some disposition made ot doing. the bill that we had up to-day, unless you get a quorum. And, of Mr. ROGERS. I understand that you are side-tracking them oft: course, when you get a quorum you can do as you choose. When You have spent forty-eight hours here in the discussion of points of or­ this session opened we proceeded under general parliamentary law, der. and things worked in a way to suit the Speaker. Then we got a code Mr. WILLIAMS, of Ohio. The only difference that I observe is tluit of rules. a Draconian code of rules; and even when we come to-day the occupant of the chair to-day rnled against the gentleman's points under them to a measure that is on the Calendar, then we are switched of order. off to one side and side-tracked. We have been told that for the last Mr. ROGERS. The gentleman says that be understands that the six years we have not had rules that could dispose of the business of only difference is the difference between the Chair and myself. There the House, and the rules have been changed. We are told that under is no difference between the Chair and myself at all. It is perfectly these new rules business can be done, and when we come to the con­ manifest, Mr. Chairman, what this thing means, and we had just as sicteration of these bills the whole of this day is consumed without well understand it to-night as at any other time. The French spolia­ reaching the bill. So I state that these bills shall not go over until tion claims stand upon the very same basis in a parliamentary sense as Friday unless you have a quorum to do so, and when you get a quo­ the bill about which I have been speaking. If the point of order had rum you cm take them up and dispose of them, and there will be no been sustained, away would go the French spoliation bill and away necessity for them to go over; but you can take any other day, Sun­ would go this bill; but there is a certain party in the House who want day or any other day, and dispose of them, if you like, except Friday. the French spoliation claims to pass and who do not want these claims Mr. WILLIAMS, of Ohio. I would like to ask the gentleman to to pass, and therefore they can not afford to have this question ru1ed explain to this House why, in the Fiftieth Congress, which had a upon. And this remark applies not only to the French spoliation bill, large Democratic majority, under the rules they loved so well, they did but to a good many others back of that. not take up and pass a similar bill? Now, as far as I am concerned, I always thought the French spolia­ .Mr. ROGERS. In answer to that I say we did do it. We passed tion claims should go to the Supreme Court, because they involved a the bill and it went to the Senate, and there it perished. These are great constitutional and international question, the first of the kind claims for the people in the southern portion of the country, and we ever presented w the judiciary of this country. If the Supreme Court are not asking you to vote for them, but we are asking you that they decide that those claims should be paid, I am for paying them, as I a.m shall be considered. You gentlemen are always pretending friendship for paying every other claim that is passed upon favorably by that or ..I 1 - for loyal men, not only in the South, but all over the country, and de­ any other competent tribunal. But it hasbeendecidedotherwise, and claring everybody else disloyal, and with these men interested in these therefore I am disinclined to see those claims paid until they do go to th.a claims to be loyal was worth something; but when any measure comes Supreme Conrt. Upon the question of these loyal claims I am disposed up here for their relief and provision is made so that they are to get a to consider that the findings of the Court of Claims as to the question .· I ' ' _,

1890. CONGRESSIONAL RECORD-HOUSE. 3037

of fact ought to be final, and that we ought to apply the rules of law Mr. PAYNE. I suggest also that there be a provision in the order to them so as to do justice to these claimants. that fifteen minutes' debate be allowed on each side. But it can be seen at a glance that, if gentlemen can side-track this The CHAIRMAN. The proposition, then, of the gentleman from bill and get rid oi it in tliat way, they can bring up the French spolia­ New York [Mr. PAYNE] is that this bill be laid aside to be reported tion bill, have a similar point of order overruled, as it should be in to the House with a recoQl.mendation that the previous question b~ or­ this case, and have that bill passed. I do not intend that that shall be dered, and that it be considered by the House to-morrow morning done. If you gentlemen want to do business, let us do business. The immediately after the reading of the .Journal, with the privilege of Speaker ot this House bas lectured ns oftener in the last six years than amendment and with ·fitteen minutes' debate on each side. any school-teacher ever lectured bis pupils about "doing business," Mr. KILGORE. I am very peaceably inclined myself~ but I have about "obstruction," about "filibustering," and about the necessity a considerable hankering for the man who kicks ap a row in the House. ot rules under which we can do busj.ness. Now you have got your I am generally i·eady to co-operate with any member of the House who rules. "'\Ve are not obstructing you. undertakes to make legislation difficult. It is much too easy now, and We want you to go forward and keep your pledges to the people of this is a great and growing evil. this country, not treat them as you did your promises about the Blair To-day I was with the llepu blican side of the Hons~ in opposition to bill, by defeating it.. Pass your French spoliation bill; pass these loyal the omnibus claims bill. To-night I am wi•h a Democrat or two who claims; pass your direct-tax bill; pass your pension bills; pass them all appear to have a grievance and who are inclined to discuss pending according to your promises made to the people, and do nut undertake l· gislation and ventilate the opposition. To-day I agreed with my to side-track them or switch them off as you have attempted to do with friend from Iowa [Mr. KERR] in his opposition to the consideration of this bill. If you do, I insist that the country shall understand your the omnibus bill embracing all these Southern war claims, some two true position; and, as to this case, I insist that you shall not dodge it, hundred and fifty in number, involving over $500,000. There may but back out of it, refu"'e to do it, break your pledges or face the issue, be in that long bill claims for which I would be willing to vote. I one or the other. Now I yield to my friend from Michigan. have seen very fow of these Southern war claims that I would be will­ Ur. COTCHEON. I was going to put a question to my friend from ing to support. There are some, h :.>wever, and there may be a num­ Arkansas, for whom I have a very high regard. ber of such in that bill. Mr. ROGERS. It is reciprocated entirely. But I think it is the judgment of this House that the Committee on Mr. CUTCHEON. I tbi..ik my friend is himself "side-tracking" War Claims should treat ca.ses of that cbaract.er just as the Committee these matters a little-- on Invalid Pensions treat private pension bills. They should be pre- Mr. ROGEE{S. That is what I came here for. [Laughter.] ted like other similar questions; that each claim should stand Mr. COTCHEON. There are on this Calendar, I suppose, something upon its merits; and in that view and to that purpose each claim like two hundred and fifty private pension bills; I have not counted should be reported in a separate bill; that a bill should be first in~ them . .I suppose there is not a shadow of doubt about the loyalty of troduced providing for each claim separately; that it should be re­ every one ot these pension claimants. These cases have been before a ferred to a committee, that the committee should report upon it sepa­ court of claims consisting of fifteen members of this House, all good rately, giving all the facts and circumstances upon which the House aml true men. They have reported in favor of every one of these must act in passing upon the matter. That has not been done in re­ hl~ . lation to the claims embraced in this omnibus bill. This is a fund­ Now, I want to ask my friend this question: Suppose the chairman amental objection to the bill-one which I am unwilling to yield, of the Committee on Invalid Pensions should "pool" these two bun· however zealous and earnest may be the friends of the measure in dred and fifty bills all together into a single bill; suppose he should urging it. bring here in oue indivisible bill two hundred and fiity claims, the The committee present simply a short report, saying in substance loyalty of every claimant established, every case favorably reported that the Court of Claims has passed upon these claims; that the court separately and individually, but the claims "pooled" in a single bill bas found that the property claimed by the beneficiaries in this bill so that we could -uot separate them. Would the gentleman feel like was taken by or furnished for the use of the Army during the war, that voting on that bill in a lump? the claimants were loyal to the Federai Government, and they have -· Mr. H.OGERS. I might not want to vote for any part of the bill; ascertained and fixed the amount involved in each claim. Upon that bat I should not be here voting against the consideration of the meas­ brief report, and that is all it contains, the friends of the measure ure. And I think there is just the same right to bunch claims from in the House demand that Congress shall pass upon this great mass of the Pension Committee as t.here is for bunching these loyal claims. But claims without the right, without the liberty or the opp~rtunity to in­ I am not opposing any of these claims-- vestigate the facts of each case for themselves and determine the ques· Mr. CUTCHEON. I am perfectly willing, of course, that your bill tion of the liability of the Government. shall be considered. Why, Mr. Chairman, they insist, or it was insisted by the friends Mr. ROGERS. I am not opposing any bill on this Calendar. I do of the measure to-day, that the House had no discretion and was pound not know that there is a single pension claim on the Calendar that is to make the appropriation. If that be the correct view of the case, not just and meritorious. I am bound to presume, in the absence of then let me ask why should Congress be called on at all to act in the any knowledge on the subject, that they are just and proper claims, for matter? Why not authorize the Treasury officials to pay the judg­ they have received the sanction of a committee of this Honse who, it ment of the Court of Claims without special approp1fationson the part is to be presumed, have investigated them. The proposition with which of Congress? If the House has to act on it at all it must exercise its I started out was that you shall not take up Friday (which is now the own judgment and discretion on a full examination of the question only day of the week, under our rules, devoted to private business) presented; and if it must do that-and no one questions the duty of the with the passage of bills comingover from night sessions. If you want House in that respect-it must·h tve the facts before it, for it can not to take up these bilJs next Saturday, next Sunday, or next Monday, exercise that right, it can not pass upon the claims intelligently with­ you can come here and do so. out being in possession of all the facts. Yet the committee choose to .Mr. CUTCHEON. The point of my observation is that it is not fair withhold the facts, and this committee, instead of reporting ea.ch claim to obstruct the consideration of these private pension bills, each one of separately for the House to act on separately, report all in one bill, with which comes here separately on its merits--· a brief report, not referring to specific items of the bill, but in general Mr. ROGERS. I am not obstructing any of them. The motion of terms to the whole batch, good, bad, and infamous. the gentleman from Texas is that this bill shall go over until next Fri­ Mr. LA.NE. I rise to a question of order. day. To that I interpose my objection, and say that it shall not be The CHAIRMAN. The gentleman will state it. carried over until next Friday unless yon have a quorum here; and, Mr. LA.NE. The rules of the House require the gentleman to ad­ furthermore, that you shall never do it until you have come to a dis­ dress himself to the subject before the House for consideration. Now, position of t.hat bill now on the Private Calendar upon which already I have listened to a great deal that has been said to-night, and I have the last two Friday sessions have been consumed. seen a. great deal of time wasted on matt..ers entirely outside of the pur­ A MEMBER. The discussion was on the point of order. pose for which we meet. The gentleman from Tex.as is not addressing Mr. ROGERS. That does not make any difference. The Chair could the committee on the question before it. have cut off the debate at any moment and could have ruled on the The CHAIRMAN. The Chair hopes the gentleman from Texas will question. Instead of having a ruling, we have had a lot of parliamentary confine himself to the question. legerdemain for the purpose of getting rid of the question without a l\fr. KILGORE. Well, sir, if the gentleman wants to cut me off, of ruling. course be can do so, but it would be much better to let me have my .Mr. PAYNE. I want to make a suggestion. The matter pending own way awhile anyhow. [Laughter.] here now is simply a little pension claim. I do not want to have it Mr. LANE. I do not want to cut the gentleman off, but this is involvea with the fii:i;ht upon the bill embracing the claims from the pension night and our time is limited. Court of Claims. I suggest that this bill go over until to-morrow morn­ Mr. KILGORE. Well, I will leave it to him to say, after listening ing, instead of next Friday, and that the previous question be consid­ to the discussion to-day, whether or not I am quite as much out of order ered as ordered. as other gentlemen who have addressed the House during the last Mr. ROGERS. I have no objection to that. I do not care what twentv-four hours. It lS bis right, of course, and I have my remedy. disposition be made of this bill so that it be not placed in such a posi­ [Laughter.] tion as to consume a part of the day session of Friday. Mr. LA.NE. You can exercise it, then.

I• . ' , .. . '·

3038 CONGRESSIONAL RECORD-HOUSE. APRIL 4,

Ur. BAKER. Will not my friend from Texas consent to cut him­ Mr. KILGORE. I have no· apology to make. I have my convic­ self off and let us go on with the pension business? tions on the question, and they are as firmly fixed as are those of my Mr. KILGORE. Yes; I will yield in a moment. I have aboutfin­ friend from Arkansas. I am generally inclined to stand by them ancl iabed what I wanted to say. to urge them. too, on all proper occasions. Mr. ENLOE. I suppose the gentleman from Texas will not object Mr. FLOWER. But you do not want to discuss the Silcott matter. to a' question from me that is pertinent to the subject he is discussing? Mr. KILGORE. I do not want to give an opinion on the Silcott Mr. KILGORE. I reckon not. But I will have to be brief in an­ case. It ia still pending in court. I renew my proposition that this swering it. bill shall go over until to-morrow or to such time as will be agreeable Mr. ENLOE. I wish to ask the gentleman what was the object of to the gentleman from Arkansas, Mr. ROGERS. Congress in referring these claims to the Court of Claims, if it was not Mr. ROGERS. Any time, except Friday. for the purpose of having a judicial determination of the la.w and the M:r. KILGORE. Then I move that the Committee of the Whole facts, to be reported back to Congress so that the appropriation could shall report this bill to the House with the recommendation that it be be made? considered to-morrow morning alter the reading of the Journal, with l\lr. YODER. · I rise to a question of order. the privilege of discussion fifteen minutes on either side, with the right The CHAIRMAN. The gentleman will state it. of n.mendment reserved, the previous question being considered as Mr. YODER. If the gentleman irom Texas and the gentleman from ordered. With that proposition I will be content. Tennessee can not confine themselves to the business before the House, Mr. BRECKINRIDGE, of Kentucky. That is to be done by the would they not be willing to retire to settle their little matters? House after the commitfoe shall rise. [Laughter.] The CHAIRMAN. That is the understanding. The CHAIRMAN. The Chair thinks the ~entleman does not pres­ The motion was agreed to. ent a question of order. HARRIET E. BROWN. JI.Ir. KILGORE. Now, in anewer to the question of the gentleman ' The next business on the Private Calendar was the bill (H. R. 3596) from Tennessee I will ay, and this will conclude my remarks on this J· question, and I think it is due me that I should put myself right on for the relief'of Harriet E. Brown. rncord on this point-- The bill was read, as follows: Beit enacted, etc .. That the Secretary of the Interior be, and he is hereb~·. di­ M r. BAKE}{. You are all right now. rected to place t.he name of Han-iet E. Brown, widow of Eleazer H. Brown, late Mr. KILGORE. Because the gentleman from Arkansas has defied of Battery G, First Regiment Rhode Island Light Artillery Volunteers, on the the Hepublican side of the House on this question to-night. Ile has pension-roll, subject to the provisions and limitations of the pension laws. discussed it, and as I have been acting with that side to-day I am in­ The report {by Mr. SA WYE:&) was read, as follows: cluded in the defiance. [Laughter. J The Committee on Invalid Pen.sions, to whom was referred the bill (H. U. l\Ir. FLOWER. May I ask you a question? 3596) for the relief of Harriet E. Brown, submit the following report: Mr. KILGORE. Let me answer the question of the gentleman from '.rhe claimant is the widow of Eleazer H. Brown, who enlisted in Company G, First Rhode Island Light Artillery, November4, 1861, and died March22, 186~. Tennessee first. Her claim has been rejected by the Pension Office on the ground that the sol­ Now, the gentleman from Tennessee propounds this question: "What dier's fatal disease was i11c1.ured after his discharge from the military service. ) was the purpose of referring these claims to the Court of Claims if not Soldier was discharged upon surgeon's certificnte of disability February 15, 186~. There being no certificate of disability on file in the War Department, to have the court determine the law and facts of each case?'' I say the cause for such discharge is only known from his final statement, which that was not the purpose of the reference; because the law under which gives the same as general debility. .. From the records of Patent Office General Ilospital it appears that the soldier these claims were referred forbids the Court of Claims from rendering died in said hospital March 22, 1862, of erysipelas; "that he w as waiting to be a. judgment upon the law and facts. paid and bad his papers for discharge, but did not live to have them executed " They simply find the facts, the three facts. They find first on the He was admitted there on March ll, 1862. From a letter written to soldier's relatives by the surgeon in charge of the hospital, under date of l\Iay 15, 1862, it quc3tion of the loyalty of the claimant; that is the fact which gives the further appears that soldier bad no money at time of his admission to the same, court jurisdiction. If the finding is against the lo.valty of the claimant, but had pay due him from January 1, 1862. that is the end of the case. If the loyalty of the claimant is established It is also shown that soldier, prior to bis enlistment, was a very industrious, sober, and steady man, and well thought of iu the community in which he re· to the satisfaction of the court, then it proceeds to determine, secondly, sided. whether the property was taken or furnished to the Government for the How long he remained in camp of the company at Edwards Ferry, Md., after use of the Army or not, and, thirdly, the amount of property involved. receiving his final statement is not shown, but the captain, in a letter of March. 5, 1862, states that Brown, in company with four otherdisclrn.r:red soldiers, weut These are the facts to be determined by the court. The question of the to Washington to get bis pay. He had not received it on :March U, 1862, when liability of the Government is a question of lawand is wholly within the admitted to hospital as heretofore shown. The delay in the payment of troops, discretion ot the House; the court is forbidden to find upon that ques­ and pa1·ticularly of discharged soldiers at that period, is well known by those wl10 then served the Government. tion. It is a matter on which the House must exereise its own discre­ · \Vbetber the fatal disease was contracted before or after discharge is imma­ tion. It is not concluded on the facts by the finding of that court. It terial. He was to all intents and purpo es a soldier until the Government paid may disregard the ca e made by the finding of the court. It may act him the money due him for his services to enable him to return to his home; in fact, was bound to return him to the place of his enrollment. on otlier facts showing the finding untrue or the non-liability of the The committee belie'l'"e the claim of his widow meritorious, and therefore re­ Go,crnment. port favorably on the accompanying bill and ask that it do pass. Ur. FLOWER. Now, let me ask the gentleman from Texas a ques­ The bill was laid aside to be reported to the House with the recom­ tfou. mendation that it do pass. ?ilr. KILGORE. Well, sir. l\I. J. FOGG. Mr. FLOWEl{: The other side of the House, as I understand it, make a point on the Southern war claims that the Court of Claims The next business on the Private Calendar was the bill (S. 283) grunt­ have no jurisdiction and that their judgmtnt is not worth a rush-­ ing a pension to M. J. Fogg. Mr. KILGORE. That is not the proposition. The bill was read, as follows: B e it enacted, etc., That the Secretary of the Interior be. and he is hereby, au­ Mr. FLOWER. Just wait a moment. Now. tbe Silcott defalcation thorized and directed to place on the pension-roll, subject to the provisions and has been decided in the Court of Claims to the effect that the Sergeant­ limit .tions of the pension laws, the name of l\I. J. Fogg, late a. second lieutenant at-A rms is a disbul'8ing officer of the Government. Do you think that in Battery E, First Virginia. Light Artillery. wise decision will be questioned by the other side of the House? The Senate report was read, as follows: [Laughter. J The Committee on Pensions, to whom was referred the bill (S. 283) granting Mr. KILGORE. Well, now, I do not want to bring any more new a pension to l\I. J. Fogg, have carefully examined the sarue, and report as fol­ matter in this discussion. The complaint now is that there is a large lows: We adopt the report hereto annexed made by this committee in the first ses­ overproduction of irrelevant questions on hand and :figuring in this sion of the Fiftieth Cougress, and recommend the pas age of the bill. contention to-night. We have enough to deal with at present. [Re­ newed laughter.] [Senate Report No. 456, Fiftieth Congress, first session.] Mr. PAYNE. I appeal to my friend from Texas to ask unanimous The records in the office of the Adjutant-General show that l\I. J. Fogg was consent 01 the committee that the Southern claims business be postponed enrolled as a private in Battery E, First Virginia Light .A.rlilleryVolunteers, on until next Friday morning and the Silcott matter until the motion to the 9th of August, 1862, at Buckhannon, \V. Va., for three years. Ile was dis· reconsider is called up, and that we may go on with the pension busi­ charged, to date from the 16th of October, 1862, for promotion to second lieuten­ ant in the same battery. The muster-roll of the said battery dates September ne . I hope my friend will adopt the suggestion. I do not want, of 13, 1862. course, to interrupt bis remarks, but if be has concluded I hope he will The claimant filed his petition for original invalid p ension August 21, lss.3, alleging as the basis of bis claim that "while in the service, on the retreat from allow this course to be pursued. Buckhannon to Clarksburgb, ,V, Va.., on or about the 21th of August. 186'.!, he Mr. KILGORE. I have said about all I desire to say just now. incurred rupture of the stomach." The principal oQject I bad in view was to put myself on record as op­ His claim was rejected August 13. 18~, on the gronnd that "the as...."ll.uU by posing that omnibus bill and to give the reasons why I oppose it in the which he was injured bad no connection with hi'< military service; therefore the alleged rupture was not received in the line of uuty in tile service." shape in which it is presented, and it is certainly pertinent to the dis­ The circumsta.ncea under which the injury was receiV"ed by the claimant are cussion to-night. I have been with the other side oftb~s Honse on that fully set forth in his affidavit, and ure sustained by his comrades who were bill, but I am not alone on this side of the Chamber in opposition to present at the time when it occurred, and also by the corroborating statement of Capt. Alex. C. l\Ioore, in charge of the battery. They are as follows: it; have displayed n, little activity in the contest. The company had been enlisted and was in camp at the town of Buckhannon, l\Ir. ROG ER:S. I do not blame you for apologizing. Upshur County, West Virginia, when the Confederate General Jenkins madeo.

·. :. CONGRESSIONAL RECORD-HOUSE. 3039

raid upon the town. The citizens fled, leaving this company to protect the and comrades who knew him before, during, and after ·the war testify to the town. They had not sufficient force, and retreated in the direction of Chlrks­ effects of this exposure and the disability which followed it. He was granted a burgh, W. Va.. When they had arrived within a short distance of Olarksburgh pension tor" spi11al irritation, Tesult of measles" they meta. number of the citizens of Buckhannon returning to that point, among \Vhen examined for an increase of pension he Wl'S certified as not entitled to whom was one Charles Trimble, who, supposing that the horse that was being any rating. lie charges, in an affidavit filed November 17, 1&!7, that the imr­ ridden by the claimant was his, e n deavored to take it by force, which caused geon who examined him was in a "state of intoxication and entirely unfit lo the horse to leap over an embankment, throwing the claimant. o;·er his head make theexamina1ion," and at the same timotilecl a letter from his family phy­ upon the pike, which accident produced the rupture. sician susta.ining bis right, by reason of his disea!>e, to a pension. He had, how­ Capt. Alexander C. Moore makes affidavit that- ever, prior to this date been examined by a boa.rd at Hagerstown, and the Pen­ "Alter the enlistment of the company, and before they were regularly mus­ sion Bureau therefore refused to reopen the case on the ground- tered in, on or about the 30th day of August, 186!, the claimant, with other " That the unsworn stat-ement of Dr. Greene is not sufficient to controvert tlle members of that company, took part in an engagement with the enemy at Buck­ adverse findings of two boards, and therefore does not warrant au examination hannon, W. Va. Affiant recollects of hearing said Fogg afterwards, while he looking to restoration. If the claimant wishes restoration he must furnish good w sin lhe service, complain of being injured by a. fall he bad received on the and sufficient sworn te!'timony, medical preferred, showin~ as a fact, and from retreat from Buckhannon, and spoke of having a knot in his side." personal knowledge of the a.ftiant, that peusionable disability, due to formerly The evidence to sustain the fact of the rupture on that occasion is the testi­ pensioned cause, has existed since the date of dropping, and this testimony mony of his comrades. l\lichael Boyle, \'Villiam F. Bryan, Lemuel Rollius, M. should intelligently state how the claimant is affected and what his condition is S. T Loma.", and N. G. Munday, who te,.tifiy, as docs the captain of the company, irrespecti've of the claimant's say-so to neighbors or d octors." that when he was enlisted he was physically sound, and that after the fall he Acting under these instructions 1 he claimant filed the following sworn state­ was injured by a. rupture. so that it was impossible for him to lift any heavy ment of Dr. E. B. Pendleton, one of the most int·>Jligent and able physicians of article by reason of this rupture. The fact of the rupture is further shown by that section of the country, and a gentleman of the highest character, who the report of the examining board, who certify "the rupture is about the size sta. es: of a. hen's egg ; all other organs healthy." "I have on this 4th day of February, 1888, made a careful ex mi ation of The l'C bein .c no dispute as to the facts of this case, the only queiltion presented Davi.d H. Lutman, late a private in Company F, Second Regiment .l'ilaryla.nd is, whether these facts present a case thtt t is pensionable? lf the claimant had Volunteers, and lind that he is suffering from spinal irritation, which incapaci­ been wounded by the enemy in their attack upon Buckhannon no one would tates him trom the p ·rformance of the manual labor upon which he is depend­ question his right to a. pension. ent for a livelihood." The fa.ct that on the retreat, under the orders of his superior officer, he was Second. The ·•ffidavit of Dr. C. S. Greene, his family physician, who haEPEXDEXT DIYISION, .MIDDLE DEPART:IIE;)."T, After theso affidavits were filed the Pen'iion Office refused t-0 order the claim­ Weston, W. Va., May 18, 18.53. ant l>efore a. boa.rd for examination, althoug h he proposed to go to the expeo.,;e Lieut. l\I. J. Fogg, Upshur Battery, having just arrived at his home at the of coming to Washington to be exa mined, if required by the Department'. 'l'he tjme or the recent rebel raid into 'Vest 'Virginia, reported to me at once for duty Pension Office held •·that the medical and la y evidence recently presented does at Buckhannon. In the want of artillery officers, he was assigned to duty by not warrant another examination looking to r estoration, n.s it fails to dcscril>o me to Ewing's Battery, where he remained until my arrival at Clarksburgh .. the claimant's physical condition or to show that a ratable disability has ex­ His complete knowledire of the country and inhabitants induced me, in corn;e­ isted from the alleged 'spinal irritation' since Ma rch 4, 1886." quence of the interruption of railroad communication and his inability to join Do the facts set out in these affidavits warrant this conclule (as he has been un­ "spinal irritation, result of measl~s." to date from 1861. willin~ under existing circumstances) to take advantage of his leave, and I Dr. Pendleton makes oath that on the 4th of February, after a mo t careful think it but just that he now be permitted to visit his home antl give hi;i pe r­ examination of the claimant, he finds him suffering from spinal irritation ·which. sonal attention to his family, who have suffered at rebel hands. I have there­ incapacitates him from the performance of m:tnua.l labor, a "ratable disability" fore relieved him from duty with me and granted him permission to visit his that bad, under the decision of the bureau, existed from 1 'Gi to April, UsS". Dr. ., home. Greene, his fa.m •ly physician, te tifies to the S •~me physical condition of the By order of Brig. Gen. B. S. Roberts. claimant, and that he had attended him for fifteen years for sa.id disability. JOS. Mee. BELL, Jackson and Michael, neighbors of the claimant, testify that he has been in a Captafo and A. A.G., U.S. Al'my. great measure incapacitated from performing any kind of manual labor, and that he is at this time incapacitated from performing anything like the labor of Your committee recommend that it do pass. a full hand; the statement of Michael being "that claimant is now, and has The bill was laid aside to be reported to the House with the recom­ been for years, suffering from disease contracted in the line of duty; that lie is mendation that it do pass. not now, nor has he been for a number of years, able to performoue-h:..lfofthe wol'k of an ordinary man, and frequently is 11ot able to work at all." DAVID H. LUT:\IAN. In thejndgmentof the co'Ilmittee, these affidavits from physicians of high standing and laymen of credibility cover every point sugges ted by tho medical The next business on the Private Calendar was the bill (S. 284) grant­ department of the Pe •sion Office. It is not evidence of the "say-so" of the in~ a pension to David H. Lutman. claimant, but is the affirmative, personal knowledge of those who lle.vespoken. The bill was read, as follows: The committee is of opinion that under these atlidants a pensionable disabil­ ity has been shown, and that the claimant is entitled to be reinstated on the Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au­ pension-rolls as a pensioner in accordance with the provisions and limitations thol)ized and directed to place on the pension-roll, subject to the provisions and of the pension laws. limitations of the pension laws, the name of Davi.d ll. Lutman, late a private Senate bill No. 2206 is repol'ted favorably, with the recommendation that it in Company F, Second Maryland Regiment. do pass. The Senate report was read, as follows: The bill was laid aside to be reported to the House with the recom­ The Committee on Pensions, to whom was referred the bill (S. 284) granting a mendation that it do pass. pension to David H. Lutman, have examined the same and respectfully report: 'Ve adopt the report hereto annexed made by this committee in the first 11es­ GEOilGE FITZCLARENCE. sion of the Fiftieth Congress, and recommend the passage of the bill. The next business on the Private Calendar was the bill (S. 755) grant­ ing a. pension to George Fitzclarence. David H. Lutman enlisted as a private in Company F, Second Mary land Regi­ ment, September 6, 1861; discha.l'ged September 30, 1864, by reason of the expira­ The bill was read, as follows: tion of his term of enlistment; filed his declaration for a. pension February L3, Be it enacted, etc .. That the Secretary of the Interior be, and he is hereby, au­ 1880; granted a pension for one-half disn.bility in 1835; applied for au increase, thorized and directed to place on tile pension-roll, subject to the provisions and his claim was rejected, and he was dropped from thepension-rollsApril22.1886. limitations of the p e nsiou laws, the 11.a.me of George Fitzclareuce, late private The evidence accompanying the papers shows that the claimant was a strong, in Company B, Washington Terdtory Infantry, and Company F, Fourth Regi­ healthy man when he enlisted in l •6l. That in a. forced march of his regiment ment of California Volunteers. from New Creek to Romney in December, 1 ~ Gl,j •1st after his return to the Army from the hospital at Cumberland, where he had been ill with the measles, he The report (by Ur. S.A. WYER) was read, as follows: was compelled to wade several streams, the water at that time being extremely The Committee on Pensions, to whom was referred the bill granting a pen­ cold, which exposure led to his being sent back to the hospital. \Vhen he re­ sion to George Fitzclarence, have examined the same and report: turned to the regiment he was still suffering from the effects of the disease, and This soldier enlisted April 10, 1865, as a prh·ate in Company F, Fourth Regi­ continued to be so affected up to the date of his discharge, it being necessary ment California Volunteer Infantry. He had formerly served an enlistmei.t, during that entire period, by reason of his physical condition, to assign him to commencing .l\iarch 27, 11'62, to !.\!arch 27, 1865, in Company B, First Washington light duty. The evidence further shows that he has been treated from the date '.rerritory Volunteers. He was discharged from his second service November of bis discliarge lo the present time by four or five physicians. His neighbors 30, 186.5. On September 17, 1887, he filed an application for pension, alleging 3040 CONGRESSIONAL RECORD-HOUSE. APRIL 4,

that be contracted rheumatism and disease of the kidneys in California, Octo- "On this rep~rt, as before stated, the claim was reject.ad. l\Ir. Brown was her 15, IB65. The claim wa.s rejected by the Commissioner of Pensions October certainly biased again... t the claimant. Since the rejection of the claim addi· 25, 1888, on the ground that there is no record in the 'Var Department of alleged tional testimony has been filed, but which seems to have been considered of no rheumatism and disease of kidueys and no evidence on file sho,"'l(\.,ag i:icurren~e importance by the Commissioner, showing unquestionably and beyond any of said disabilities -while in service, and claimant states his inability to furnish reasouable doubt the soundnees of the soldier at enlistment. With this testi­ such evidence. mony before us, your committee are of the opinion an injustice was done by 'l'be claimant states further in bis application that these disabilities were con· the Pension Bureau in rejecting his claim, and therefore recommend the pas­ tracted while m. route from Fort Humboldt, California, with Indian prisoner!!, to sage of the bill." Grand Ronde Valley, Cruifo1·nia, having no surgeon with the command. He Th b"ll 1 'd · .:i to b ted t th H "th th was discharged in about six weeks aft.erwards. He stat~s that he has since e 1 was ai asiue e repor O e onse Wl e recom- been treated in the City Hospital at Little Rock, Ark.; at City Hospital at St. mendation that it do pass. Louis, Mo.; also at the poor-1arm, in Pottawatomie County Kansas; and that he is unable to find any of his comrades. and that he is unable to make a living. ORDER OF BUSINESS. He is now an inmate of the Soldiers' Home at Leavenworth, Kans. He fur· Mr. FLOWER. Now, Mr. Chairman, I w •nt to make a suggestion. nisbes the affidavits of Dr. M. A. Malord and Dr. J. W Fulton, showing treat- W h k d b d b d 11 d d · h b Go d ment for rheumatism and disease of kidneys; and the board of examining sur- e ave wor e very ar ere to- ay a ay, an it as een O geous at Leavenworth, Kans., rate him at four-eighteenths for rheumatism. Friday. Now, I sugge.st that we try our best to make a few homes The fact that this old s<>ldier, after an honorable service of nearly four years, happy, and I ask unanimous consent that the list of members present has had to be cared for by the supervisors of the poor warrants your commit- be called Hnd that each one be allowed to call up a. bill. tee in recommending the passage of the bill. Mr. MORRILL. Mr. Chairman, the Committee on Invalid Pensions The bill was Jaid aside to be reported to the Honse with the recom- have voted unanimously that we should follow the Calendar; and for mendation that iii do pas.s. the very good reason that we can pass abont 20 per cent. more bills DA.NIEL A. CULMA.N. than we could when we have the delay of hunting up the bills. I think The next business on the Private Calendar was the bill (S. 765) grant- we had better go on in the regular order. ing a pension to Daniel A. Culman. The CHAIRMAN. The gentleman from Kansas objects. The bill was read, as follows: THOM.AS DENNIS. Be.it enacted; etc., That the Secretary of the Interior be, and he is hereby, au- The next business on the Private Calendar was the bill (S. 767) grant;. thor1zed and directed to place on the pension-roll, subject to the provisions and ing a pension to Thomas Dennis. limitations of the pension laws, the narue of Daniel A. Cnlman, late of Company B, Eleventh Regiment New Jersey Volunteers. · The bill was read, as follows: The report was read at length. Be it ena~ed, etc., That the Secretary of the Interior be, and he is hereby, au• The bill waa laid aside to be reported to the Honse with the recom- thorized and directed to place on the pension-roll, subject to the provisions and limitations of the pension laws, the name of Thomas Dennis, late private of mendation that it do pass. Company A, One hundred and twelfth Regiment of 11linois Volunteer Infantry. GE()RGE L. SANDERS. The report {by .M:r. S.A. WYER) was read, as follows: The next business on the Private Calendar was the bill (S. 772j grant- The Committee on Pensions, to whom was referred the bill granting a pen- . · t G L S d sion to Thomas Dennis have examined the same and report: mg a pension O eorge · an ers. The claimant enlisted as a private in Company A, One hundred and twelfth The bill was read, as follows: Regiment l1linois Infantry, on the 8th day of .August, 1862, and was honorably ' Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, au- discharged June 20, 1865. On November 7, 1882, he made application for a. pen­ tboilized nnrl directed to place upon the pension-roll, subject to the provisions sion, alleging" that Rt Somerset, Ky., in May, 1863, be contracted deafness and and limitations of the pension laws, the name of George L. Sanders, Comµany was ruptured on right side; also bad bis left leg badly crushed by his horse A, One hundred and twenty-first Pennsylvania, and Company I, Two hundred falling on him." and second Pennsylvania. The claim was rejected by the Commissioner of Pensions February, 1886,on the ground of "no record and claimant's inability to furnish any evidence of The report (by Mr. SAWYER) was read, as follows: origin." The claimant states that he is unable to furnish the testimonyofoom­ The Committee on Pensions, to whom was referred the bill (S. 772) granting a rades or a commi.·sioned officer, for the reason "that he did not let any of his iiension to George L. Sanders, submit the following report: officers or comrades know be was ruptured or had received injury to his left leg.'' A simihtr bill passed the Senate at the first ses-.ion of the Fiftieth Congress. and that he does not know the whereabouts of his family plJysician, Hiram The facts are fully set forth in the following report, made at that time: Nance, who treated him from about July, 1865, to 1866,andagain at sundry times "George L. Sanders, t.be claimant under this bill, enlisted July 25, 1862 in until 18;}. That Dr. Nance provided him with a truss. * • * That he be­ Compa.uy A, One hundred.and thirty-first Regiment Peunsylvania Volunte~rs, lieves Lim to be dead. The post--office address of Dr. Nance was Kewanee, Ill. and served unt 1August19, 1862. That he has not employed medical attendance since his removal to Kansas "He again enlisted August l6 1864, and was discharged August 3, 1865. The for the reason that he was too poor. James R. Batten and William L. Goch­ latter Bervice was as private in Company I, Two hundred and second Regiment man, comrades, swear that claimant was an able-bodied man when be entered of Pennsylvania. Voluntens. On June l!!, 1887, he made application for pension the Army, and that after his return he wa'!I not the same man, so far as health alleging •that while at Camp Couch.• near Chambe'.sburgh, Pa., iu October, 1864; and being able to perform manual labor were concerned. he contracted a severe cold and dmrrhea. and night sweats, from thirty-six IJr. Lewis J. 'Varren, examining surgeon, Olay Center, Kans., finds under .. hours' exposure to cold rain at Baltimore, and was sent to the hospital at Alex· date of December 27, 1882, ''that claimant is partially deaf in both ears, and from andria, Va.. The doctor called his trouble intermittent fever.' the several disabilities claimed giv.as a. rating of three-fourths total.'' "The claim was rejected by the Commissioner of Pensi ns May 16, 1882, after 'l'here wa.. a natural dispositiou among good soldiers to conceal such disabil· a thorough special examination, upon the ground that•9 disease of lungs and ities as rupture; and taking into consideration the present enfeebled condition throat and deafness, the disabilities for which pension is claimed, did not orig- of the claimant, his. poverty, and circumstances, your committee recommend inat.e int.he United States service, but exist.ad prior to enlistment.-' the passage of the bill. "In an affidavit, in response to call from Pension Office to state specifically Mr. ENLOE. Mr. Chairman, I rise for the purpose of replying to what disabilities he claims pension for, the claimant states: "'That he claims pension for loss of hearing a.s the result ofintermittent fever some remarks of the gentleman from Michigan [.M:r. ALLEN Jwith refer­ nnd forlungandthroatdisease, the sequence of his army life.' AmosG. Beck.er: ence to the bill under consideration in the Honse to-day and to some Henry W. Sanders, John M . .lirown, Jacob Neyhort, and J. 0. Keeley all swear t th h. · M t t• h b 11 d b I •that claimant was a sound man previous to his enlistment.' The credibility ex en ere t is evenrng. y at en ion as een ca e y gent emen of these affiants is satisfactorily established. Amos G. Becker, comrade swears around me to a remark made by the gentleman irom Michigan which I that,'cla.imant contracted disease of lungs, cough, and spit up matte~ in the did not bear, a statement that I was charged with having reported to service.' "This is corroborated fully by comrades HenryW.Sanders and John M. Brown. this House and placed upon the Calendar a bill without any authority Th presence of these comrades is verified by the report of the Adjutam.-Gen- to do so. I have examined the notes of the Reporter, and the gentle- eral, United States A1·my. In the matter of continuance claimant swears: man is reported as saying: "'That for a considerable time after discharge he treated himself, but at last got so bad that he availed himself of the treatment of Dr. Thornton.' The motion this afternoon reciting that a bill which the gentleman himself "Dr. Thornton swears, September, 1877, that- reported· contaiaerl matt.ers never submitted to his committee (a grave chacge "•He treated claimant for four years past (L873 to 1877) for chronic inflamma- against him and his committee) presented a. question of the highest privilege, tion of the bronchi. of which at times he is completely disabled from all work. which any man of candor and brains- Disease was oflong standing when affiant first saw him.' Jacob Neyhoyt testi- That evidently means the gentleman from Michigan himself- fies that he has known claimant from discharge to present time (May 7 1878). and that he hos been suffering all the time with trouble of lungs and sp' itting must at once recognize as a question of privilege. The resolution of to-day up. cha•ged the gentleman impliedly with introducing into this House a bill which "Dr. A. W. Eyer swears, July 3, 1878: he had no authority to introduce. That raised a question of privilege at once, "•From a. personat examination of claimant, I find hyper-resonance and sibi· · and to shield the gentleman, to shield his committee, to give members who lant rfile~, large and small crepita.tion over both sides of his chest., disconnected were thus charged an opportunity l\S a matter of privilege to refute this charge, I. from any discovered disease of heart. I bdiave him to be suffering from chronic the motion was entertained as a. privileged motion. · bronchitis and emphysema., and unfit for any active work.' Th · 1 · d di t' t h h I 1 d b "This diagnosis is corroborated by Dr. William Leiser. ere IS a p am an s me c arge t at p ace upon t e Calendar "C

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