1876. CONGRESSIONAL RECORD-SENATE. 1605

' COMMITTEE-CLERKS • . By 1\h·. BEEBE: The petition of citizens of Orange County, New Mr. WILLIAMS, of Indiana, by unanimous consent, submitted the York,.for the repeal of the resumption law, to the CommitteeonBank­ following report from the Committee of Accounts; which was r~a.-d, ing and Currency. considered, and adopted: By 1\Ir. BL~J): A paper relating to a post-route from Marshfield to Ava, Missouri, to the Committee on the Post-Office and Post-Roads. At a special meeting of the Committee on Accounts held this morning, the fol­ lowing committees were allowed clerks and compensation fixed: By Mr. BURCHARD, of Wisconsin: Memorial of the Legislature of Committee on Printi11g, $4 per diem; Committee on Expenditures in theDepart­ Wisconsin, for an increased appropriation for the extension of the mentof the Interior, $4; and tho compensation of the clerk to committee on ~ves­ 'Signal-Service, to the Committee on Appropriations. tigation of Freedman's Savings and Trust Company was also fixed a.t i4 per diem. By lli. COX: The petition of H. M. Thomas and 109 other citizeus PRIVILEGES · OF THE HOUSE. of New York City, that Treasury notes be made receivable for all Mr. TUCKER. Mr. Speaker, the question discussed so much on taxes, duties, and debts, and interchangeable with Government bonds, yesterday and t-he day before in reference to the priYilegesofthis House to the Committee of 'Vays and Means. has suggested to me to draw a paper which I have shown to anum­ By Mr. GOODE : Memorial of the Masons of Virginia, in behalf of ber of g-entlemen on the other side of the Chamber as well as on this, the completion of the National Washington :Monument, to the Com- · and which I think it proper this House should adopt. I ask that it be mittee on Public Buildings and Grounds. read and printed, unless it may without objection be considered now. By Mr. HE:NDEE: The petition of Mary C. Kilmer, for a pension, The Clerk read as follows : to the Committee on Invalid Pensions. In order to settle the limits of jurisdiction over high crimes and misdemeanors By M:r. HENKLE: The petition of James S. Espey, for relief, to charged against any civil officer of the Government of the United States, this Honse the Committee for the District of Columbia. doth declare : · By Mr. HEWITT, of New .York: The petition of Peter Cooper and 1. That it'claims primary and exclusive jurisdiction of impeachment in such cases, and that the criminal jmisdiction of the f)rdinary courts of justice cannot in any de- 175 other citizens of New York City, that Treasury notes be made re­ • gree, directly or indirectly, interfere with thn.t of this House. ceivable for all taxes, duties, and debts, and interchangeable with Gov­ 2. That no witness under the orders and no evidence of a documentary character ernmentbonds, to the Committee of Ways and Ueaus. under the control and possession of the House can by the mandate or process of Also, the petition of citizens of New York, that the public lands be the ordinary courts of justice be releaaed from or taken from such control and pos- session without a breach of the privileges of this House. · reserved for actual settlers exclusively, to the Committee on Public 3. Whenever it shall appear by the order of a court or of the judge thereof or by Lands. the statement of any legal officer charged with the execution of the laws of the By Mr. LANE: Resolutions of the Board of Trade of Portland, Or6- country that witnesses under the orders or documentary evidence under the control gon, relating to custom-house entries at Astoria, Oregon; also, for an .and in possession of this House are needful to prevent the escape of or for the arrest and holding for trial or upon the trial of offenders against the laws of the country appropriation of $25,000 for a tele~aph-line from the United States in the ordinary court~ of justice, this House will take such order thereon as will forts at the mouth of Columbia Rtver, via Astoria, to Portland, Ore­ promote the ends of justiceconsiswntly with the paramount privileges of this House gon, to the Committee on Commerce. m respect thereto. Also, resolution of the Board of Trade of Portland, Oregon, relative Mr. HURLBUT. Let it be referred to the Committee on the Ju­ to attaching Alaska to Washington Territory as a county thereof, to . diciary. the Committee on Territories. The SPEAKER pro tempm·e. Is there objection to entertaining the By Mr. O'NEILL: Resolutions of the Book Trade Association of resolution Y Philadelphia, for the repeal of the law imposing one cent per ounce . Mr. KASSON. Not if the resolution is introduced for reference only. on third-class mn.il matter, to the Committee on the Post-Office and Mr. LAWRENCE. I would suggest that the gentleman from Vir­ Post-Roads. · ginia add at the end of the resolution the words "except by consent By Mr. PIERCE : The petition of Annie D. Rundlett, for a pension, of the House." to the Committee on Invalid Pensions. · Mr. TUCKER. That is already, I think, included in the resolution. By 1\Ir. SHEAKLEY: The petition of citizens of Mercer County, Mr. STONE. I object to debate. for the completion of the Southern Pacific Railroa-d, to the Commit­ There beins- no objection, the resolution was received and referred tee on the Pacific Railroad. to the Committee on the Judiciary. By Mr. STOWELL: The petition of tobacco manufacturers of Pe­ PERSONAL EXPLANATION. tersburgh, Virginia, for the abolition of the duty on licorice, to the Mr. DOUGLAS. I rise to a. privileged question. When the report Committee of 'Vays and Means. was submitted to the House by the chairman of the Committee of By Mr. STRAIT : Memorial of the Legislature of Mimtesota, for a Accounts I understood the Chair to ask if there wa.s objection. I rose post-route from Smith Lake to Normn.nd, :Minnesota, to the Commit­ and endeavored· to obtain the recognition of the Chair, addressing tee on the Post-Office and Post-Roads. him in a loud voice, but no notice was ta.ken of it, anll no recognition Also, memorial of the Legislature of Minnesota, that the titles to extended to DJ.e, the Chair pronouncing the resolution to be adopted t~ettlers on the lands on the Brainard and Saint Vincent branches of without objection. I claim I have the right to be beard on this floor the Saint Paul and Pacific Railway be seemed, to the Committee on on all questions, and that I am entitled, when I address the Chair Public Lands. · respectfully n·om my place, to be recognized and to be heard in what By Mr. WALSH: The petition of Charles K. Remsburg, for relief, I may address to the Chair. I have objected to that report, and I to the Committee on War Claims. still object to it. By Mr. A. S. WILLIAMS: The petition of 335 citizens of Detroit, The SPEAKER pro tentpore. The gentleman from Virginia need Michigan, that authority be ~ranted for the construction of 11 bridge hardly have the assurance of the Chair that his objection was not across the river at Detroit, Michigan, to .the Committee on Commerce. beard, nor did the Chair know that he was endeavoring to make By Mr. WILSON, of Iowa: The petition of James L. Williams and objection. 350 other citizens of Marshall County,·Iowa, that the present duty on Mr. DOUGLAS. I addressed the Chair before the gentleman from flaxseed and flaxseed-oil be retmned, to the Committee of Ways and Tennessee. · Means. Also, the petition of .J. P. Hunt and 25 other citizens of Victor, The SPEAKER p1·o tmnpm·e. If the poise and confusion i~ the Hall rendered it impossible for the Chair to hear the objection stated, it is Iowa, and of Luke Baldwin and 150 other citize~s of Iowa County, not the fault of the Chair. Iowa, of similar import, to the same committee. Also, the petition of J. C. Mitchell and 70 other citizens of Nevada, CHARLES P. WANNALL. Iowa, of similar import, to the same committee. 1\-Ir. WELLS, of Mississippi, by unanimous consent, introduced a By Mr. WOOD, of New York: The petition of J.J. Cavanaughand bill (H. R. No. 2584) for the relief of Charles P. 'Vannl)ll; which 103 other citizens of New York City, to make Treasury notes receiva­ was read a first and second time, referred to the Committee of Claims, ble for all forms of taxes, duties, and debts, and interchangeable with and ordered to be printed. Government bonds, to the same committee. ANDREW J, BA.RRETT. Mr. ROBBINS, of North Carolina, by unanimous cousent, from the Committee of Claims, reported back a bill (H. R. No. 648) for the re­ lief of Andrew J, Bar1-ett, with the recommendation that it do pass; which was referred to the Committee of the Whole on the Private Cal­ IN SENATE. endar, and, with the accompanying report, ordered to be printed. FRIDAY, Ma'tch 10, 1876. LEAVE OF ABSENCE. Leave of absence was granted to Mr. ADAMs for one week on ac­ Prayer by the Chaplain, Rev. BYRON su~TDERLAND, D. D. count of the death of a relative. The Journal of yesterday's proceedings was read and approved. And then, on motion of Mr. STONE, (at four o'clock and thirty-five EXECUTIVE COMMUNICATION. minutes p. m.,) the -House adjourned. The PRESIDENT pro ternp01'fJ laid before the Senate a letter from the· Commissioner of Agriculture, ii! response to a· resolution of the PETITIONS, ETC. Senate of the 6th instant, relating to cotton culture in the States; The following memorials, petitions, and other papers we;epresented which, on motion of Mr. DA vrs, was referred to the Committee on at the Clerk's desk under the rule, and referred as stated: Agriculture, and ordered to be printed .. By Mr. ASHE : The petition of Alexander Sutherland, for relief, to PETITIONS AND 1\lEMORIALS, tbe Committee of Claims. :Mr. CAMERON, of Wisconsin, presented a memorial of the Legis- 1606 CONGRESSIONAL RECORD-SENA·TE. ~fARCH 10, lature of Wisconsin, in favor of an increase of mail service from Du­ at Keokuk on the third Tuesday of January, and at Burlington on rand to Pepin, Pepin County; which was referred to the Committee the third Tuesday of June, in each year. on Post-Offices and Post-Roads. The bill was reported from the Committee on the Judiciary with Mr. LOGAN presented the petition of S. S. Irwin and 119 others, an amendment to adcl at the end of the first section the following praying Congress to repeal the resumption act and issue interchange­ proviso: - able bonds ; which was referred to the Committee on Finance. Provided, That the United States shall not be at any expense nor in any manner Mr. WINDOM presented a memorial of 552 citizens of Winnebago liable for the use of a building or room for holding said courts at Burlington., nor County, Wisconsin, praying for an appropriation to complete the Fox for fitting up the same. River improvement and for the construction of a canal along the Wis­ The amendment was agreed to. . consin River from Portage City to Prairie du Chien, Wisconsin, in The bill was reported to the Senate, a-s amended, and the amend­ accordance with the third plan proposed by General Warren; which ment was concurred in. was referred to the Committee on Commerce. The bill was ordered to be engrossed for a third reading, read the Mr. SHERMAN presented a resolution of tho Chamber of Commerce third time, and passed. · of Cincinnati, remonstrating against any change in the present law SAMUEL COOPER, JR. of Congress requiring a draw to be provided for in every bridge to be Mr. EDl\fUNDS, I am instructed ·by the Committee on the Judi­ hereafter built over the Ohio River; which was referred to the Com­ ciary, to whom was referred the bill (H. R. No. 194) to remove the mittee on Commerce. political disa.bilities of Samuel Cooper, jr., of Virginia, to report the Mr.ALLISON presented a joint resolution of the LegislaturA of Iowa, same without amendment; and I ask for its present consideration, remonstrating against an extension of pa. tents on Wilson's pa.tent because there are special circumstances relating to the occupations on feed-motion and similar patents on sewing-machines; which was of this gentleman, which are very creditable to him, that make it referred to the Committee on Patents, and ordered to be printed in desirable, for his sake, that the bill should be passed now. the RECORD, as follows: . By unanimous consent, the Senate, as in Committee of the Whole, • Whereas parties are asking C(>ngress for a third term of seven years' extension of proceeded to consider the bill. the patent on what is known as " Wilson's patent on feed-motion," used by Wheeler The bill was reported to the Senate, ordered to a third reading, read & Wilson, Singer, and other manufacturers of sewing-machines, the gi·antof which the third time, and passed by a two-t_hirds majority. will place an oppressive monopoly of the same in tht' hands of snoh parties and maintain the high prices of such maehines unnecessarily: Therefore, . PAPERS WITHDRAWN AND RE1!'ERRED. Be it resolved by the senate and house of representatives ofthe State of Iowa, That om· Senators be instructed and our Representatives be requested to oppose and use ·au Qn motion of Mr. INGALLS, it .was honorable means to prevent the extension of such J:l:ttents and a ll other similar pat­ Ordered, That the board of trustees of the Girls' Reform School of the District' ents on such machines, so far as the samo may be done in justice to inventors and of Columbia have leave to withdraw their petition and papers from the files of the for the best interests of the people. Senate. • Approved March 4, 1Bi6. · l\Ir. SPENCER. I offer the following rders: Mr. WEST. I present the petition of Messrs. E. & B. Jacobs, and · Ordered, That the papers in the case of Mrs. L:winia. M1ze's claim for bounty be quite a number of other citizens of Louisiana doing business in taken from the files of the Senate and referred to the Committee on Military Atfuirs. Shreveport, praying the Senate to adopt the House bill repealing the bankrupt act. Although the petition i!'r addressed to me personally, be~tr;dfJ~at!~~:f~Pt~ ~e~~t!e ~~~e~?:Js~ ~~~~~~~~ ~~r I;J:~i~~s~ I believe the usago it~ to oomit such petitions. I therefore present Mr. DAVIS. I should like to ask if there has been an advtu'Se re­ it, and move its reference to the Committee on the Judiciary. port in either of those cases 1 The motion was agreed to. Mr. SPENCER. I am not positive, but my understanding is that Mr. BOOTH presented a joint resolution of the Legislature of Cali­ there have been none. fornia, in favor of the establishment of a mail-route, and ordering Mr. DAVIS. According to the rule, where there has been an ad- service thereon, from Winnemucca., in the State of Neva-da, by way verse report, copies must be left. · of the town of VaryviUe and the Summit Lake Valley, to Lake The PRESIDENT pro tempore.' The rule will be observed. These City, in the State of California; which was referred to the Commit­ are simply withdrawals for 1·eference to appropriate committees, and tee on Post-Offices and Post-Roads. not absolute withdmwa.ls. He also presented a joint resolution of the Legislature of California, Mr. DAVIS. Of course I understand that the motion is to refer to in favor of the establishment of a mail-route from the town of Susan­ the proper committees, but when there have been adverse reports I ville, by the way of Horse Lake Valley and the south fork of Pit River, have always thought it was the duty of the Senator making t he mo­ and Dorris's bridge, and Davis Creek, to Willow Rauch, in the State tion to so state to the Senn.te. I say this without ;1ny reference to of California; which was referred to the Committee on Post-Offices these cases or to any particular Senator. As is known, I have served and Post-Roads. · for several years on th~ Claims Committee, and 1 know that the same Mr. CRAGIN presented ;resolutions of the Board of Trade of Con­ case has been· referred to the committee two or three times, and given cord, New Hampshire, in favor of the repeal of the bankrupt law; the committee great work when it wa-s unnecessary; ancl I have which were referred to the Committee on the Judiciary. heard frequently Sena.tors ask for the reference of a case which Mr. FRELINGH1JYSEN presented the petition of J. M. Langston, ha-d perhaps been examined upon that very session or the seMsiou be­ John ]!', Cook, ~d others, praying that a holiday may be allowe el em­ fore. I speak in the interest of Senators on the Claims Committee, ployes in the Government Departments on April14, 1876, to enable who have a great deal of work to do. I know from personal experi­ them to attend the ceremony of inaugurating the unveiling of a mon­ ence that very often the Senator asking t he withdrawal from the files ument to the memory of Abraham Lincoln in Lincoln Park; which himself does not know whether or not the claims have been previonsly was referred to the Committee on the District of Columbia. examined. I think it would be well, if we have a rule, for the Chair Mr. SHERMAN presented the petition of John Reid, of Cincinnati, always to enforce it. Ohio, praying for compensation for military supplies furnished the The PRESIDENT p1·o tempm·e. In answer to the Senator the Chair United States in July, 1B63; which was rewrred to the Committee will obstttve that the Secretary is very careful that in every case on Claims. where there is an adverse report the papers are not sent. Sometimes REPORTS OF COl\OIITTEF.S. in the hurry of business Senators do not state whether there has been Mr. STEVENSON, from the Committee on Revolutionary Claims, to an adverse report or not, but the Secretary understands it and !ollows whom was 1·eferred the bill (S. No. 578) for the relief of the a-dminis­ the mle strictly. The Chair is very glad that the Sen a tor from West tratrix of the estate of Lieutenant Joseph 'Vheaton, deceased, reported Virginia has noticed this matter, as Senators will now be reminded of adversely thereon; and the bill was postponed indefinitely. the rule.• He also, from t.he same committee, to ·whom was referred the peti­ Mr. SPENCER. I think there has been no adverse report in either tion of James Roberts and Noah Roberts, children of Martin Roberts, of these cases. I am not positive about it, however. They are a deceased, praying the passage of an a-ct referring their claim fm· pay couple of small cases ·from Alabama introduced last year late in the for services rendered by .Martin Roberts during the revolutionary war session, and I think the committee did not act upon them. One is a pension case and· the other is a bounty case. to the. Court of Claims for adjudication, reported adversely thereon, Mr. ·DAVIS. The Senator from Alabama will understand, I hope, and asked to be discharged from its further consideration; . wh!-ch was that I said. I had no reference t o the cases of any particular Senator agreed to. or to the Chair. I know the Chair tries t o do his full duty always·; IOWA DISTRICT COURTS. but I thought nevertheless it would be woll to call the attention of Mr. WRIGHT. I report from the Committee on the Judiciary the Senators generally to the matter involved in these applications. bill (S. No. 486) fixing Lhe times and places for holding certain terms Mr. WRIGHT. As the subject is before the Senate, while I do not of the district courts of the United States for the State of Iowa, be­ know anything about the circum::.iancesof these particular cases, my ing the same bill that I reported on yesterday morning, which went attention not having been directed to them at the time, I a.m very over under the objection of the Senator from Massachusetts, [Mr. glad the Senator from West Virginia called attention to the general BoUTWELL.] That Senator is not present this morning, but I am au­ question·. Do I understand from the Chair that the rule of the Sem·e­ thorized to state that upon examination of the subject he withdraws ta.ry is not to send to the committee auy,case upon which there has any objection to the bill.· . I ask the Senate to proceed to its present been an ad verse report 1 consideration. The PRESIDENT pm tempore. Unless a case wher tht~re is new By unanimous consent, the bill was considered as in Committee of e vid~nce. the Whole. It provides for holding the terms of the district courts Mr. WRIGHT. That would devolve upon the Secretary the duty of the United States for the district of Iowa, iu the southern division, of exa.miuing the record and ascertaining· that.fact. 1876. CONGRESSIONAL RECORD-SENATE. 1607

ThePRESIDENTp1·o te:mpore. That is always done. The next amendment was to add as section 17 the following:· Mr. ·wRIGHT. With that understanding, then, I shall content SEc. 17. That the district judge appointed for the district of New Mexico sha.ll myself, when an application of this kind is made, without making an receive as his compens:~,tion t.he sum of 63,500 a year, payable in four equal in· objection in any particular case, assuming that the Secretary will stallmeuts on the 1st days of January, Ap_ril, July, and October of each ye-ar. • attend to the duty. The duty is an onerous one, and if he attends The amendment wa{'l agreed to . to it he of course relieves us from a great deal of labor. With that The next amendment was to insert as section 18 the following : understanding, when an application is made I shall not make any SEc. 18. That the marshal, district attorney, and the clerk of the circuit and dis­ objection. trict courts of said district of New Mexico, and all other officers and persons per­ Mr. MORRILL, of Vermont. suggest. to the Senator from Iowa fol"llling duties in the administration of justice thel'ein, shall severally possess the I. pllwers and perfol"Ul t he duties lawfully possessed and reqnirell to be perfol"Uled by that the usual practice in making the motion is to add a proviso similar officers in other districts of the United States, and shall, for the services " provided there has been no adverse report." Of course the order they may perform, receive the fees and compensation allowed to other similar offi­ would be obeyed, and if that was not appended to the order the pa­ cers and persons performing similar duties by the laws of the United States, ex­ pers would be returned whether there had or had not been an adverse cepting such provisions thereof as are specially applicable to orne particular officer report. or district. The PRESIDENT p1·o temp&re. The Chair will state to the Senator The amendment was agreed to. from Vermont that it is sometimes stated by the Senator a~:~king the The next amendment was to insert as section 19 the following :. withdrawal that he if:! uncertain whetlier there has been an auverse SEc. 19. That all cases of appeal or writ of error heretofore prosecuted and now pending in the Supreme Court of the United States upon any reconl from the report, and in this ca~e; and in all cases in fact, the Secretary exam­ supreme court of the Territory of New Mexico, or that may hereafter be lawfully ines the case, and if there has been an adverse report the papers are prosecntecl from said court, may be heard and determined by the Supreme Court of not sent. the United States; and the remand of execution or of further proceedings shall be l\1r. MORRILL, of Vermont. I know it is usual to make the mo­ directed by t.he Suyreme Court of the United States t-0 the circuit or clistrict court of the district of New Mexico, or to the supreme court of the State of New Mexico, tion with such conditions, but unless such conditions are made at the ns the nature of the case may require; and each of said last-mentioned courts shall time of making the motion I do not understa,nd it to be the duty of be the successor of the supreme court of the Territory of New Mexico as to all such the Secretary of the Senate to make that examination. cases, with full power to proceed with the same and to award mesne or final proc- The PRESIDENT p1·o tentpm·e. The Chair understands the motion ess therein. . is made under the rule. · · The amendment was agreed to. Mr. WRIGHT. I understand the practice of the Secretary, under The next ame1;1dment was to insert as section 20 the following: the rule, to be that if a reference is asked, unless there be new evi­ SEc. 20. That from all judgments and decrees of the supreme court of New .Mex­ dence, if there be an adverse report he does not senti the papers. ico prior to its admission :lB a State, the parties to such judgments shall have the The PRESIDENT pro tempm·e. That is the practice. The orders same right to prosecute appeals aml wzits of en'Or to tile Supreme Court as they offered by the Senator from 41abama will be agreed to, if there is no sha.U have had by law plior to the admission of said State into the Union .. objection. • The amendment wa8 agreed to. 1\IESSAGE FROl\1 THE HOUSE. The next amendment was to insert as section 21 the following: SEc. 21 That until the judge for said district of New Mexico shall be duly ap A message from the House of Representatives, by Mr. G. M. ADAMs, pointed, the district judge of the Unitell States for t.he district of Kansas shall it.s Clerk, announcell that the House had passed the following bills; act as the district.iudge of the district of New Mexico, and shall have and exercise in which it requested the concurrence of the Senate: the same jurisdiction 1\nd powers in the district hereby created as he has in the A bill (H. R. No. 2434) to correct an error in section 5271 of theRe­ district of Kansas. vised Statutes; . The amendment wa,s agreed to. A bill (H. R. No. 2572) to protect witnesses who shall be required The next amendment was to insert as section 22 the following: to testify in certain cases ; SEc. 2'2. That in respect of all cases, proceedin~s, and matters pending in the SU· A bill (H. R. N~. 2583) to provide for holding of terms of the district preme or district courts of the Territory of New Mexico at the time of the admission of said State into the Union, whereof the circuit or district courts by this a-ct estab­ . and circuit court of the United States at Fort Wayne, Indiana; lished might have had jurisdiction under the Jaws of the United States had said A bill (H. R. No. 2581) to amend section 3887 of the Revised Stat­ courts existed at the time of the commencement of such cases, the said circuit and utes; and districtronrts respectively shall be the successors of said supreme and district courlti A bill (H. R.No.2582) to regulate the removal of causesfromState of said Territory~ and all the files; records, and proceedings relating thereto shall be transferred to sain circuit and district courts respectively, and the same shall be pro· to United States courts. ceeded with therein in due course of L'l.w. . The message further announced that the House had pa.ssed the bill (S. No. 472) changing the times of holding terms of the district court The amendment was agreed to. • for the distt·ict of West Virginia, with :m amendment, in which it Mr. HITCHCOCK. Mr. President, I desire to offer another amend­ requested the concurrence of the Senate. ment. In section 20, line 2, after the words" court of" I move to in­ 'l'he message also announced that the House had passed the bill (S. sert the words "the Territory of;" so as to read "the supreme court No. 360) to establish certain post-routes in the State of Texas. of the Territory of New Mexico." It is to correct a verbal omission. The amendment was agreed to. ADJOURNMENT TO 1\IONDAY, Mr. HITCHCOCK. After line 16 of section 15, I move to. add: On motion of Mr. EDMUNDS, it was And one grand jury and one petit jury shall be summoned and serve in both of Ordered, That when the Senate adjourns to-day it be to meet on Monday next. said courts. The amendment was agreed to. . ADl\fiSSION OF NEW 1\IEXICO. Mr. IDTCHCOCK. At the end of section 14, I move to add: The PRESIDENT pro tempm·e. If there be no further resolutions .And that the two sections of land in each township herein granted for the sup· the Chair will lay before the Senate the unfinished business. . port of common schools shall be disposed of only at public sale, and at a price not The Senate, as in Committee of the Whole, proceeded to consider less than Z.50 per acre, the proceeds to constitute a pel"Ulanent school fund, the _the bill (S. No. 2-29) to enable the people of New Mexico to form a interest of which shall be expended in the support of rommon schools. constitution and State government, and for the admission of the said This was omitted by mistake in drawing the bill. State into the Union on an equal footing with the original States. The amendment was agreed to. The bill was reported by the Committee on Territories _with amend­ Mr. MORRILL, of Vermont. Mr. Presid~nt, certainly the consid­ ments. eration of a bill for the admission of a State is one of grave impor­ The first amendment was in section 4, line 13, after the words tance. There are some facts which I should like to have discussed, in "Constitution of the United States," to strike out" and the princi­ relation to this bill, in order that we may have something to justify ples of the Declaration of Independence." our votes in favor of it if such votes shall be given. I suppose that The amendment was agreed to. the bill is to pass, and pass without any great amount of dissent; The next amendment was to insert as an additional section the but it seems to me manifestly proper that there should be a clear and following: distinct understanding as to the grounds upon which this bill is SEc. 15. That when the State of New Mexico shall be adn*ted into the Union, UTgecl. a-ccording to the provisions of this act, the laws of the United States not locally inap­ I know very -well that under the treaty with Mexico this Territory plicable shall have the same force and effect within the said State as elsewhere within the United States; and said State shall constitute one judicial district, to be was in due time to be incorporated into the Union as a State; but, called the district of New Mexico; and for said district a district judge and a mar­ as 1 read the article of the treaty in this case, it was to be done at shal and n. district attorney of the United States shall be appointed. oy the Presi­ the proper time and as Congress might judge fit and expedient. Now dent, by and with the advice and consent of the Senate, with the same rights, pow­ I take it that this Territory has no claims to be introduced into the" ers, and duties provided by law for similar officers in the other Swtes, except as herein otherwise provided; and said district of New MeXIco shall be attached to, Union unless they are similar to those which wonld operate in the and constitute a part of, t.he eighth judicial circuit; aml a term of the circuit court case of the Territory of Washington or Dakota or any other Territory ami district court for said district shall be held at Santa Fe, in said State, on the that we have. Unless the public interests will be promoted by it, it ti.rst Tuesday of March and on the first Tuesday of October in each year. seems to me plain that that Territory ought not to be admitted as a, The amendment was agreed to. State. In order to solve the question whether it should be admitted The next amendment was to insert as section 16 the following: or not, we are entitled to know something about the numbeT of in­ SEc. 16. That the circuit and district courts for the district of New Mexico, and habitants there now, and the kind oiHnhabitants, how many of them thejud~es thereof respectively, shall pos ess the same powers and jurisdiction and are of the Anglo-Saxon race and how many of the mixed races, and · perform the same duties possessed and required to be perfol"Uled by the ot.her cir­ whether there is a sufficient amount of wealth to support a State.gov­ cuit and district courts and judges of the United States, and shall be governed by ernment. the same ln.ws and regulations. Mr. President, I do not rise to oppose the admission of this Terri­ The amendment was agreed w. tory into the Union as a State, but I rise for the purpose of h~ving 1608 CONGRESSIONAL RECORD-SENATE. MARCH 10,

my doubts solved as to whether it is my uuty or not to vote for the of a dry, high, and in many places arid plain;. but these plains are admission of the Territory. The policy, a.'3 -I have understood it to rich in grazing facilities, capable of supporting va-st-herds and flocks be heretofore, has been that no Territory should be admitted unt.il it of sheep, and the valleys of the streams all(l rivers are rich in agri­ had the requisite population for at least one Representative in the other cultural products, while the mountains and the canons are rich in House before it should be entitled to two members in this body. I mineral wealth. suppose that unquestionably the chairman of the Committee on Ter­ The committee, therefore, believe that, independent of any treaty ritories is armed with facts upon all these points. I confess that I obligations, to which the honorable Senator has alluded, and which have hesitated heretoforf\ as to whether it was my duty to vote for were twenty-five years a.go sufficiently important to induce some of the admission of New Mexico. I have some distrust, I confess, of the the most prominent statesmen of this country to favor the admission Mexican people, as to whether they are capable and competent to sus­ of New Mexico then, New Mexico, from the number of her people and tain a republican form of government. As I ha.ve lmderstood in rela­ the extent and chara-cter of her territory, is justly entitled to become tion to these people in New Mexico, a large share of them are identi­ now a member of this Ame-rican nation. cally of the same character as those in Mexico. Mr. MAXEY. Mr. President, New l\Iexico passed under the juris­ Under these circumstances it bas been a question with me whether diction -of the United States by the treaty of Guadalupe Hidalgo, we ought not to wait until there bad a sufficient number of the Anglo­ February, 1848. It was taken possession of by t-he United States Army Saxon race emigrated to and settled in New Mexico to make it safe, during the Mexican war, and a government wa& established by the proper, and expedient for us to admit it into the Union as a State. I military commander. shall be very glad to be convinced and to have all my doubts solved Under this form of government the people of New Mexico lived in relation to this quest.ion. It seems to me a matter altogether too until it was organized under a territorial government by act of Con.. grave to pass over here without any Senators paying the slightest at­ gress approved September 9, 1850-more than '1 quartor of a. century tention to the question whether it will contribute to the public wel­ ago. fare or not to admit this Territory as a State. AREA. Mr. HITCHCOCK. Mr. President, a bill similar in its main pro­ The area of New Mexico is 121,201 square miles, equal to 77,000,000 visions to the one now under consideration received a large majority acres, larger than that of most States in the Union. · of the votes of both Houses of Congress toward the close of the Ia.st session, and aft.er full discussion. I presume therefore that this bill rOPULATION. will not provoke any extended debate. . The population of New Mexico in 1850, a-s shown by the census of Of course t-he proposition, as the honorable Senator from Vermont that year, the first taken after its acquisition, was 61,547. The cen­ says, is an important one. It is a proposition to endow t.he people of sus of 1860 shows the population that year to have increased to 93,516, a Territory with sovereignty, to found an empire, to organize~ gov­ an increase of more than 50 per cent. during that decade. The cen­ ernment. destined as we trust to continue and. strengthen and grow sus of 1870 shows the population that year to have been 91,874, but powerful during the long years of a prosperous future; and more, it it should be borne in mind that between the taking of the census of is a proposition to give to that government a proportionate power in 1860 and that of 1870 the Tenitories of Arizona and Colorado had controlling the destinies of the thirty-seven other independent sove­ been organized with territorial governments. reignties now members of the American Union. Such a proposition The Territory of Arizona was made of the Gadsden purchase, sout.h should, of course, receive careful consideration at the bands of the of the Gila River, and of territory taken from New Mexico lyin~ north American Congress. of that river. The population of New Mexico wa-s thus reducea about There are, as the honorable Senator bas said, two points of inquiry 9,000. 'l'he northern tier of the counties of New Mexico was adrled naturally suggesting themselves to the mind in considering the pro­ to Colorado, and thnrs a loss of about 15,000 was sustained by New priety and wisdom of this measrire-one in regard to the number and Mexico, and fl'Om the two canses named New Mexico had 24,000 of her character of the population which we propose by this bill to endow population taken and transferred to the newly org;t.nized Territorie8 with American citizenship, and the other in regard to the extent, of Arizona and Colorado in the decade between 1860 and 1870; and character, and resources of the country which they inhabit, and which hence the apparent falling off in population as shown by the census of it is proposed by this bill to make an independent State. 1870, compared with that of 1860, is a-ccounted for. But estimating the In regard to the number of populati<111, I believe it is clear that increase at the ratio, 50 per cent., shown between 1 50 and 1860, before New Mexico has to-day a sufficient population to entitle her, under any of her territory had been taken off, we have for the last five yea.rs the law, to admission as a State-a sufficient pop-:.uation to entitle an increase of 22,968, which, added to the number shown by the cen­ her 4;o a Representative' on the floor of tho other branch of Congress. sus of 1870, (91, 74,) makes the population at the beginning of the In 1850 the population of New Mexico was by the census about sixty­ present year 114,842. Of this number my information is, about40,000 one thousand; I do not remember the exact hundreds. In 1860 the of the number are Anglo-Saxon and European irnruigrants. It is population, by the decennial census, was about ninety-three thou­ claimed, and with grea.t show of correctness, by the Lel:£islature of New sand. In 1870 the population by the census was about ninety-one Mexico, that her present population is between 135:uOO and 145,000. thousand four bundrt;d; showing apparently a diminution of popu­ This last figure covers the Pueblos or villa.ge Indians, who live in lation of sixteen hundred since 1B60; but during that decade Arizona communities, keep the peace, obey the law, and farm for a living. was cut off from the territorial limits of New Mexico with a popula­ They were engaged in such pursuits at the acquisition of New Mexico, t.ion of about nine t.housand, and the northern counties of New Mexico were, as I believe, citizens under the Mexican laws, and it is claimed were attached to the Territory of Colorado, with a population of about have been recognized as such by two decisions of the territorial su­ fifteen thousand; showing that, in spite of t.hat loss, New Mexico with preme court of New Mexico, the correctness of which is now pending her present boundaries, by her natural incren:se, bad almost the same by appeal before the Supreme Court of the United Stat-es. I think number as she had ·ten years before with these counties and Arizona the claim to a larger increase dnring the last five years than at the then a portion of her territory. ratio of 50 per cent. per decade is well founded. The Indian wars that Since 1870, the increase of population in New Mexico has been un­ mused that Tenitory formerly bad altogether ceased before 1870. precedent.edly rapid. Two 1·easons are well known, in the western Many large stock-raisers with their numerous employes have settled c01mtry at least, for that increase. One is that the Indians there there within the la-st five years, and many others have gone there in have been peaceable; and the other is that there are several railroads anticipation of railroads approaching that Territory. It is a well which have made rapid progress, all pointing in the direction of New known fa.ct that desirable new countries acce~:~sible by rail are peopled Mexico, and therefore that Territory, before that inaccessible and . mnch more rapidly than the old States were, which did not, in settle­ distant, has been 1·endered very much more accessible. From the ment, enjoy these facilities. best data the committee could obtain, we believe that the population RESOURCES. of New Mexico to-day is from 'one hundred and thirt-y thousand to one hundred and sixty thousand; that of that population from thirty­ I believe the Territory has ample resources to conduct successfully a five thousand to forty-five thousand are Americans. The character State government. · It began to besettledmorethantwohundred years of the residue of the population, being of Spanish descent, of cour e ago, and it contains a number of men of large wealth. It is compara­ differs in many respects; and we are apt to consider it a less desir­ tively out of debt, owing but about $75,000. Its counties and towns able population in many respects than the native-born American are free from subsidies to railway companies and other corporations. population. But it is a peaceful, conservative, law-abiding people; Its valleys are fertile, producing by iiTigation abundantly all the cere~ls, as well as vegetables and the gnLpe. It is unusually well 4 and the committee believe that it is an element which, when mi,xed with the more adventurous, more enterprising, and bolder border adapted to wheat. Its grazing capacity is unsurpassed. The grass American population now rapidly pouring in, will constitute an excel­ is of superior quality, the climate suited to stock raising on a large lent element in the formation of the character of the future citizens scale, and water is abundant. Her resources from the sale of wool of the new State. and hides, and from the cattle shipped, a-dded to those sold to the ·Then, in regard to territory, New Mexico stretches from about. the Army ancl for the Indians, aggregate about $4,000,000 per annum, and thirty-first parallel to the thirty-seventh parallel of north latitude, the annual yield of gold, silver, and copper is about 2,000,000. Be­ and from the one hundred and third meridian to the one hundred and sides these resources, Newl\>Iexico has inexhaustible fields of coaland ninth meridian of longitude west of Greenwich. It contains an ::u-ea iron. of more than one hundred and twenty thousand square miles-an EDUCATION. empire in itself, one hundred times larger than some of the Sta!.es of New Mexico is folly alive to the priceless blessing of education, and this Union, as large as all New England and New York, and twiCe-as as evidence thereof the Legislature in 1871 passed an act establish­ large as old England. Of course a large po1~ion of the ~oil is ~ot ing a common-school system, setting apart to that use the poll-ta-x -rich in agricultural products. The larger portwn of the-sotl comnsts and one-fourth of all other taxes. . 1876. CONGRESSIONAL RECORD-SENATE. 1609

RAILWAYS. Mr. HITCHCOCK. :No, sir; I said larger than New England and Several railways partially collStrncted point toward New Mexico. New York. . Should those roads, or any of them, be built, the effect on the copper, Mr. MORRILL, of Vermont. Even if it is no more than he now silver, and gold interest will at once be felt, and a new impetus given states, if it is really an agricultural country that can be largely culti­ to immigration and the productive industries. vated, then it is too large to be admitted as a single State; it ought It is insisted by these people, and I think the record bears them to be divided; hut if it is a Stat.e only a small portion of which is out, that General S. W. Kearny, of the United States Army, who took capable of culture as an agricultural State, then perhaps it is not too formal military possession of New Mexico in August, 1846, was him­ large. self of opinion that the Territory would at an early day be organized There are some of these questions that are certainly worthy of con­ under a territorial form of government, to be soon thereafter admit­ sideration, and I merely suggest them. ted as a State into the Union. It i& entirely clear that this was the Mr. MAXEY. I will state in regard to the agricultural resources policy of President Taylor. that it is true of all that section of country that the agricultural area The rule in the admission of new States into the Union ha-s not is limited to the valleys, and it is made susceptible of production by been that such States should have a population equal to the ratio irrigation. As I stated before, in their valleys in New Mexico they established for one Renresentative. Other things have been taken produce all the ceyeals; outside of those it is a grazing and mining into the account, as the resources of the proposed State, the charac­ country. ter of its population, and its capacity for self-government. Nevada Mr. SARGENT. I believe the morning hour has expired, and the and Nebraska were admitted with populations less than the ratio bill has come up regularly as the unfinished business. fixed for one Representative, and Colorado, now preparing to become The PRESIDENT pt·o tempore. The morning hour expired, and a. State of the Union, has a less population than New Mexico. this bill is the regular business before the Senate. In view of all the facts-of the resources of New Mexico present Mr. SARGENT. So I understood ; that is to say, this is the un­ and prospective; of the peaceful, law-abiding character of its citi­ finished business, and the morning hour having expired, we are regu­ zens; of its possession of a population ample in number to conduct a la.rly proceeding, and deliberately, to determine whether the bill State government, and of its long probation under a territorial gov­ shall be passed, and New Mexico be allowed to take a place in t.he ernment-!, as a member of the Committee on Territories, came to the Union as a State. My friend from Vermont had an idea that we were conclusion, after investigation, that New Mexico bad good reason for endeavoring to pass an important bill in the morning hour. There her prayer to be admitted as a State of the Union ; and I believe the would be ample precedent for that if it were so. Many of the most time has come when the United States can well be freed of the bur­ important bills which we pass are considered in the morning hour; den and heavy expense of a territorial government over that people, and if there be time to consider them, and no Senator is shut off from and will be fully justified in admitting New Mexico as a State when expressing his opinion, there would seem to be no objection to that it presents a constitution republican in form and consistent with system, for during the morning hour Senators are more in their seats the Constitution of the United States. than at any other time of the day except late when they come in to Mr. MORRILL, of Vermont. Mr. President, I perceive by the ex­ vote for an adjournment. I am sorry this important bill does not pl~nation of the chairman of the Committee on Territories that he keep more Senators in their seats at the present time. must have mainly relied on the memorial of the Legislature in 1874 as The Senator from Vermont seemed to think that the' population of to the facts in regard to the present population of New Mexico. By New Mexico, so far as the Americans are concerned, might possibly this memorial it would seem, when we come to analyze it, that it will be made up of mere camp-followers, those who went to that Terri­ not bear the construction given, that there is so large a population as tory following our armies. I presume that the remark was confined is represented. They only claim that there has been an increa-se of simply to New Mexico, and had no reference to other of the Territories. twenty thousand since the census of 1870. That would make the The Senator assents. If that is so, I hardly know on what facts such a population about one hundred and ten thousand. This memorial was judgment can be formed. The Territory of New Mexico has not been dated in 1874. It is hardly possible that the inhabitants of the Terri­ particularly traversed by our armies, though we have hadasmallforce tory could have so largely increased within the last two years. there. So far aa I know individuals who have emigrated to New Then, again, I notice that in this memorial it is claimed that there Mexico, they are very excellent people. I know quite a number of were many people--ten thousand-living in the mining districts on the men who have gone there and gone into business. I have a letter border of the Territory who could not have been enumerated in con­ before me written by the governoroftheTerritory, who is a gentleman sequence of the great danger and risk in going there to take the cen­ from Ohio, well known to us all, in which he gives reason.:; why the sus. Territory should be admitted. Among other things he speaks of an Mr. HITCHCOCK. Will the honorable Senator allow me to cor­ excellent American population. He names three counties, the titles rect his statement there 'I of the counties being somewhat significant of the tono of sentiment Mr. MORRILL, of Vermont. I propose to say but a word or two in them, a-s being entirely and thoroughly American-the counties ·of more, and then I will give the Senator the floor. Grant, Lincoln, and Colfax. My impressions from reading this letter Therefore, Mr. President, it seems to me clear when you come to of Governor Axtell, who is there on the ground, is that so far aa the take the parts of this memorial and compare them with the aggregate Americans are concernerl, it is a most excellent population ; and he represented, that there must be some mistake about it; that there is refers also to the character of the Mexican population. The session not so large a number as is represented; nor do I understand upon of the Legislature had just adjourned, the first once since he had what authority the chairman represents the number of the Anglo­ been governor of the Territory; he had been there somewhat over a Saxon race there as being at the present time forty thousand. year, and be had an opportunity to observe this class of people as Mr. MAXEY. If the Senator will allow me, as I made that state­ legislators, and he says with reference to them : ment myself also, I will say that the statement is embodied in the res­ The native Mexicans in the Legislature show a good

should come in as a St-ate-! admit in our own time. They had in and occa-sionally we make a grudging appropriation for a public view these very Mexicans that are referred to, this native Mexican buildincr, The consequence is that the people there do not tax them­ population. They are the people they proposed to protect, not our selves, do not set themselves earnestly to work in order to erect their own citizens who might thereafter t>O to New Mexico, but the origi­ public buildings. Occasionally we make a road there, partly on pre­ nal population, thereby showing the1r protecting care of these people; tense of being a military road and partly on account of the wants of and the obligation arises from the fact that there is a Mexican popu­ the Territory, but the peqple themselves do not pass laws and tax lation who are thus protected. And if it is true that there is in New themselves, a-a they will as soon as they become a State, in order to Mexico as large a population as that in Colorado, which we agreed make these internal improvements. It is like a farm which is held last year to admit, I should like to know what argument can be ad­ by a tenancy at will or by sufferance. The tenant does not improvt~ it vanced against this bill which would influence the Senate that voted because he does not know when be will get a better right. The people so largely last year to admit Colorado ' who are there, not being exa-ctly citizens, but mere denizens, in the The population of New Mexico at present is greater than that of long years before it may become'aState,may become tired and move either of the following five States at thE:' time the laws were passed aw~y. It is a question of the future whether benefits will be reaped admitting them to the Union-Oregon, Kansas, Nevada, Nebraska, from anything they may do now and whether they will ever come to and Colorado. If there is a species of favoritism ip this thing, if we them, and, therefore, they do not feel very great inte1·est in building can pick out one Territory and say "you shall not come in with a cer­ up a community. Furthermore, a public-school system is not much tain population," and to another, "you may come in with equal or built up in Territories. We do not give the sixteenth and thirty­ less," it ought to be explained. I do not think that that is the inten­ sixth sections to the Territories, but to them when they are admitted tion of Congress in dealing with the Territories. If here is a popu­ as States, and they constitute a fund for the benefit of the States lation in New Mexico as large as or larger than the average required whereby they educate their people. In my State, by a careful bus­ of Territories becoming States, then by every principle of justice we banding of this fund, we are able in every school district of the State ought to admit them. . to keep open a public school. Of course we aid it by local taxation · A doubt with reference to the resources of New Mexico would seem in the large districts where there are multiplied schools; bnt in all to be hardly plausible. New Mexico ha.s peculiar advantages for the districts we keep ·open a school nine or ten months in the year, wealth. It is a great pastoral country. Of that there can be no allowing the ordinary vacation, by means of this bounty of Congress. doubt; and it has enormous wealth in the way of cattle and sheep. If we had been kept out of the Union for a dozen years longer, when But New Mexico is something like California in one respect. If I am population was pouring in upon us, these sixteenth and thirty-sixth not :niistaken, Daniel Webster, in discussing the treaty of Guadalupe sections would have been largely absorbed and perhaps other availa­ Hidalgo, by which California became a portion of the territory of the ble lands would have had to be taken in lieu of them on account of United States, said it was a land of rocks and deserts with rattle­ homestead and pre-emption settlements intervening. So we do not snakes enough to fence it. Whether he ever said that or not, I do give the Territories the opportunity to build np public schools by not know; I have never sought to verify it; but it is popularly be­ allowing them to have a good fund, and we may preventtheirhaving lieved that that was the estimate put upon California by Daniel the means of -having such a fund hereafter. Webster. I went there before the State was admitted into the Union I believe in local self-government. So far as that goes, I always in 1850, and I know the estimate among our own people at that time firmly believed in squatter-sovereignty; that is to say, that t.be peo­ was that we bad no agricultural capacity, or very slight. The idea ple oi a Territory should have a right to make their own laws, to eleclj of raising; fruit in the mountains would have been considered absurd, ·their own officers, and to be American citizens in fact; certainly when and was so for a number of years after I went there until the first they have arrived at the respectable size of from ninety to one hun­ experiment was timidly tried, and the hills then blossomed with fruit­ dred and fifty thousand inhabitants. trees at once bearing most magnificent and luxurious fruit. Our val­ I believe that New Mexico will make a good State in this Union. leys were supposed to be sterile, to be impossible of cultivation; and It is said-! believe the Senator from Vermont said-that its area of yet now we are feeding Europe; we are beating Russia in tlie mar­ 120,000 square miles and a little over is too large; that it ought to be kets of Liverpool with the wheat which we send around the Horn, divided. I say that can be done by and by ; but, if it is to be <.li vided, the product of our great valleys which were considered so sterile; by what size' Shall we take Delaware as the size of a St.ate, and and very much the same conditions exist in New Mexico. We do it cut up New .Mexico into Delawares; or shall we take Vermont, which partially by irrigation; we do it partially by differently alternating is· so mnch smaller than New Yorkt Ought we not to divide New seasons ; as for instance during this year the winter has been open, York in order to have four or five Vermonts out of itf Or is Massa­ the snows and the rains have come on our State until the heart of chusetts the size ; or is California., larger than them all f It does the State is made glad by the promise of a harvest more abundant not seem that the size of a State is a valid argument or the size of a than that ever known to the history of the State, while last year the Territory applying for admission. It would have been then a valid harvest was slight on account of the light rains and there being no argument against Colorado, which is very much larger than several snow whatever. So I say the sea-sons alternate. The vast crop of a of the large States of the Union. New Mexico, on account of the single year is enough to enrich the State for five, the luxuriance is so large amount of mountain within it, stands in somewhat a different teeming. We can garner in our granaries as they did in. Egypt in the relation from a prairie State where eyery inch is capable of culti­ old time against seasons of drought or periods of slackness of trade1 vation. Of" course there never will be such a dense population on and wait for the markets of the world. These same conditions exist these grand old mountains which lift their summits into heaven; it to a very large degree in New Mexico. They have these vast plains. is impossible, for population cannot s.nbsist there; but all round about They have occasional seasons of heavy rains. They have their mount­ through those mountains there are fertile valleys which will sustain ains garnering their snow, with the opportunity for irrigation, as we a population that will make a magnificent State in time; and the have in California. Of course the great agricultural resources are Territory now .has a population who have a ri~ht to ask of us their confined principally to the valleys, but the valleys are broad and ex­ admission; certainly a right to ask us that we snall treat them as we tensive. The mountains, I have no doubt, are adapted to fruit rais­ have treated others, a right to equality before the law and equality ing as they are in California, and those mountains are seamed further of laws for their benefit. • with valuable resources of minerals, with coal an

illustrate the character of this region of which I speak and its capa­ by sanguine expectatio;ns, I should of course see as I do not see at the bilities for stateship. Of course I do not desire to institute any invid­ present moment. We must deal with the facts as we find them and ious comparisons with any section of the country. I shall only deal the facts as they come io us. The facts that are reported to us are as with facts which I think are pertinent and bear possibly upon this I say. Those are the facts on the best information that we have been BUbject. West of the line to which I have adverted one-half of the able to obtain. I had no invidious purpose in referring to 1\fassa{lhu­ entire area of our territory lies. About fifteen hundred thousand setts, and I migh ave referred t.o other States as well, but as the square miles of our territory, independent of Alaska, lie west of that contrast wa-s larger in the way of territory I did refer to Massachusetts line. What are its characteristics, as we know them, as our geolog­ as an illustration, not by way of showing the poverty of these people, ical and geographical surveys give them to us 'f It is a country en­ not by way of an invidious contrast, but by way of getting an idea of tirely exceptional in its characteristics, its climate, its soil, and its what a State means, what its significance is. It does not mean a{lres productions. As a general proposition there is not more than one in simply, but I said in this connection as to the possibility of these acres a hundred acres of all that country that may be said to be arable land. that they are in an agricultural sense as one in a hundred. That is Now, what do you say of the probabilities of the population of a coun­ the information we have upon the surveys authorized by Congress try of that descriptionf That is controlled by laws higher, vastly and reported to us under official authority. It is said the Territory has higher than any that it is known to man to overcome. Let me give valleys thai are rich. So it has, but they are limited; that is the cliffi­ you a littl~ illustration from a fact out of our history. There are five culty. One acre in a hundred of arable lands is a limitation which States and nine Territories in that section of country ; but they all does not justify agricultural population. Does not everybody know only have a population just about equal in numbers to M~achusetts, tbatf ~hat occupies a tenitory of between seven and eight thousand square Mr. SARGENT. Does that apply to New Mexico'f miles. I am on the question of stateship, of what we are to under­ 1\fr. MORRILL, of Maine. That applies to New Mexico; and we stand by American Stat.es; and I desire to institute a comparison here are legislating here in the face of that fact. That is what I mean; that shall show what we mean by American States. Do we mean one and I mean to say that if we undertake to divide this country, so ex­ hundred ana twenty thousand square miles of territory, and nothing ceptional in its character, into States like the State that lies nearest else 'f If we do, we have that here, and we have a State, and in this us, Maryland, and admit them on that basis, you revolutionize broad area to which I allude we have enough for forty or fifty more this body in which we sit; you are in danger of making this, as it States equal to the State which lies near us here~Maryland. never was intended to be, the popular bo

no such thing as American States are there such as we have on this New Mexico. All I ask is, if Colorado can come in as a State in this side. There will be exceptional communities undoubtedly, grazing Union, should not New Mexico f Have those people violated the lawf communities, where we shall have the raising of cattle and the pro­ Have they not been a peaceful, Jaw-abiding people Y Have they not duction of mines, always, however, under the limitations of which I the necessary population Y With $75,000 as the entire debt of the have spoken. As a matter of statesmanship, and aa a matter of com­ Territory, with- an annual exportation which yields in money mon and ordinary prudence, the Senate of the United States should $6,000,000, I ask if such a Territory as that has not some rights when hesitate on all this class of questions. you come to take into consideration that it ha-s been under a teni­ 1\ir. MAXEY. 1\Ir. President, if it be admitted as a principle that a torial government for a quarter of a century! When you come to now State should never come into this Union until it baa wealth and look at that southwestern country which ·the Senator from Maine population equal to one of the older States of the Union, then yon seems to think is a sort of dark spot, there is not a more beautifnl can never have any new States. country on the green earth than the portion of it which be has thus 1\Ir. 1\IORRILL, of 1\Iaine. That is unfair. The Senator ought not talked about. Take the State in which I live. Within the last year to say that I suggested such a rule. 300,000 have been added to the population of the State of Texas. A 1\ir. 1\!AXEY. An invidious distinction has been drawn between large portion of that population came from the Northern States. It the count1·y west of the Mississippi River and the New England is as fine a country as the sun ever shone upon. All that is asked by States, to the disparagement of that country. Let ns look at the the people of New Mexico is that they may have the opportunity of facts. About the year 1803, during the administration of Mr. Jeffer­ coming in and proving their faith by their works. It is because I son, the Louisiana territory was acquired. What have yon there believe that they are entitled to come in that I ask that it shall be now f The States of Louisiana, Arkansas, 1\.fissouri, Iowa, Minnesota, done. Not that I would permit for an instant my idea as to what Kansas, and various other States. Let us compare the progress in may be the probable political complexion of" that country to influence wealth and in population of that country with any portion of New me in doing that which I believe to be right. I believe it ought to England. The city of Saint Louis to-day, west of the Mississippi be admitted. I think it has a right to be admitted. It has the River, is the fourth city in wealth and population, in commercial wealth. All wealth is not limited to agricultural industries. Massa­ products and industry, in the United States. The State of California, chusetts, the very State which has been named here, givea us a bright which is represented by the Senator to my right, [1\Ir. SARGE...."iT,] be­ example. No one has a higher respect for the knowledge, the enter­ gan to be settled by Americans in 1849. The city of San Francisco prise, and the intelligence of Massachusetts t.han I have. Even in has sprung up, one of the most beautiful and wealthy cities in all the that State the vast wealth of Massachusetts does not flow from agri­ world, in the last twenty-five years. The State of California, which culture, but it flows from her commerce and from her manufactures. lies west of the Mississippi River, but a year or two ago, according Mining is a wealth as positive as agriculture, as positive as com­ to the agricultural statistics, raised enough wheat to load a thousand merce, as positive as manufactures, and if the mining indust1·y can ships of a thousand tons burden each. Is not that wealth T In that be developed it is that much added to the general interest and the country there have been produced of the precious metals over general good. 2,ooo,ooo,ooo, gold and silver, in the last twenty-five years-enough Besides, I see no reason why, if a Territory has conducted itself to pay the great national debt. Is not that wealth f right and well for twenty-five years, the people of these United Mr. MORRILL, of Maine. Will my honorable friend allow me to States should pay the expenses of keeping up a territorial government ask him a question at that point! there. I think they should be permitted to form their own constitu­ Mr. MAXEY. Certainly. tion and have the glorious privilege of local self-government. We all Mr. MORRILL, of Maine. And that is, whether he means to say know that we regard that a-s a blessing priceless in its nature. If that the territory of California, especially that belt which skirts the they are entitled to come in, let them come in; and that they are en­ Pacific coast, is a fair comparison; that the rest of the whole territory titled to come iu there is in my own mind no question. which I have characterized is equal to or compares at all with that Mr. HARVEY. Mr. President, I have been a little astonished at portion of California in point of· agriculture Y the position taken by my friends the Senator from Vermont and the Mr. MAXEY. I will reply to the Senator from Maine that the beau­ Senator from .1\Iaine in the discussion of this bill. The Senator from tHul valley of tho Connecticut River is much more valuable for agri­ Vermont says before voting on this bill he would like to know the cultural purposes than the top of the Green Mountains. In any coun­ number of the Anglo-Saxon population of this Territory and whether try where you may go you will find good agricultural land and some there is sufficient wealth there to support a government. Is it true that is not good. · that the theory of our Government is that only the Anglo-Saxon race Let us go one step further. West of the Mississippi River in 1845 is entitled to self-government, and that only rich people have that the State of Texas came into this Union. It had then but two Rep­ capacity f The Declaration of Independence, the original charter of resentatives in Con~ess. Under the census of 1850 that was all that our liberties, took a ground so much broader, that the assertion of it was allowed. In 1bo0, four Representatives; in 1870, six; and in 1880 was characterized as a" glittering generality;" but the logic of events there will be ten Representatives from the State of Texas. A half has justified the broad scope taken in that instrument. The true theorv million bales of cotton are added to the wealth of the United Btates of our Government is that people of all races are entitled to self-gov­ from that State. alone. Go into the State of Iowa, west of the Mis­ ernment. The history of the world shows that. The oldest republic sissippi River, which came into the Union when the State of Massa­ iM that of Switzerland. Its people are not composed exclusively of chusetts was a full-fledged State, with great wealth and great popu­ any one race. Properly speaking, none of them are of the Anglo­ lation. It did not even belong to the United States when the Con­ Saxon race, but they are of Teutonic ancestry and Latin ancestry. stitution was formed, and it is now one of the wealthiest States in The Senator from Maine spoke of different portions of this country this Union. Look at the State of Kansas, which came into the Union being divided by certain lines. It seems to me as indefensible as the within the memory of all of us, which has grown to be one of the most position taken by the Senator from Vermont to assert that the people prosperous of all the agricultural States. Take New Mexico, which on one side of a certain line a.re capable of soli-government, but that ha-s lain there removed from the means of transportation, having no sea­ those on the other side should be incapable. In the comparison which coast, having, until recently, no -railroads within reach of her bor­ he has drawn between Massachusetts and c8'l.'tain of the Western ders, with the great gold mines of New Mexico which during the days States and Territories, he seems to have utterly ignored a very im­ of Cortez added wealth to the country, the most prolific of all the portant element, the clement of time; au element so important that, mines in Mexico. Some of them were found in New Mexico, but they as an anecdote runs, a certain person at one time said that the power have of late years been locked up because there were no means of of Omnipotence itself might l>e qualified by that element ; and in transportation and because of the ravages committed on that country illustration he said: "It would be impossible for the Almighty to by the Arapaho and the Navajo Indians. That difficulty has been create a fom·-year-old eolt in a month." It seems to me that the ex­ settled; railways have penetrated that country; and when those pectation of the Senator from l\faine, that the Statea and Territories railways reach there you will find that the vast wealth which.is of the West being but a few years old, but a few years subject to set­ locked up in the mountains of New Mexico, of gold, of silver, of cop­ tlement, should have such a population and such wealth as to com­ per, which are so es..<~ential to the development of the wealth of this pare with a State that has been built up for hundreds of years, is country and the payment of the national debt, will be opened up. very unrea-sonable. We all know that so long as a people are in a state of pupilage, so To the remark of the Senator that these Territories have no reason long as a territorial government exists, they do noff progress as they to complain, because they are under the patronage of a powerful Gov­ do when admitted as one of the soverei~u States of the American ernment, they might very truly retort that the kind of patronage - sisterhood. It is with me a question of ·nght. Politics has nothing w4ich they receive is to have the constituents of Senators and mem­ to do with my vote on this question. It is simply a question of pure, bers of the House fTom different States sent into the Territory to fill naked right. When the military commander of our forces took pos­ the various local offices that happen to be located there. That is session of New Mexico, in 1846, inducements were held out to these about the extent of what millht be called the political patronage tha.t people to believe that they would be admitted as a State in the they receive. So far as the ueneral Government aids them in carry­ Union. By reason of that belief, during all the war with Mexico ing on their territorial government, so far as it aids them in a finan­ there was but little of it within the limits of New Mexico. General cial way, the argument of economy by the General Government woulrl Kearny contl·olled that CQUntry with but little difficulty. In 1849, in be to cease that payment whenever the people feel al>le to beru· it the administration of GenoraJ Taylor, among his earliest messag~ themselves. On that ground and in the light of economy we ma.y be was a message asking that the newly-acquired territory should be justified in giving the people a chance to establish a State govern­ admitted as early as waa consistent with the common good aa a State ment for themselves whenever they feel able to do so. into the American Union; and this is one of the last left. From its Let us ignore the idea that a republican State under our Constitu­ territory has been carved out and cut off the northern tier of counties tion must depend upon a population of a certain race, or the posses­ and placed in. Colorado, having less population than the Terri tory of sion of a certain amount of wealtp. TlJ.e censtitution of a. State has 1876. CONGRESSIONAL RECORD-SENATE. 1613 been better described by Sir William .Jones. In language which I now it seems he has not even been so far as Salt Lake. It is curious am not able to quote, but which every Senator of general reading to know how far west of the Missouri he went. Perhaps he stopped will recollect, the rule established is that it is men who constitute a on the eastern bank, and gazed over on that land, not promising to state, hi~h-minded men; not men of any particular race, not men of him, across the water, and formed the judgment which he made. If any particular wealth. .A.f3 to the character of the land, it is not nec­ it would not be improper to form such rapid deductions, I should be essary that the territory occupied by a free people should all of. it be tempted to believe it waa that; for he is now confessing away all his of the richest. It is not so in this country. It is not the case in speech by his pleasant interruptions to me as I proceed. My friend Switzerland, which I cited as the oldest republic in the world. There perhaps went to DuLuth, where, it is said by the chail'man of the Com­ the a&:riculturallands are limited; there the valleys are very narrow mittee on the Judiciary of the other House, the horizon comes around indeea ; and yet free government has been maintained in a respecta­ to an equal distance from all parts of it, thereby showing that it is ble mannerfm·agreat nnmberof years, and without any great wealth the center of the world. Perhaps he thought he had attained that on the part of its people. I think such arguments go for but little center, and it was not worth while to go beyond that. But I want in opposition to this bill. I believe the bill should be passed and the to show him that the experience of Utall shows thl:l>t a powerful and Territory admitted as a State. wealthy State can be built upon even these very arid plains. Mr. SARGENT. Mr. President, I have very little, almost nothing, What is there that maintains Utah T Its agriculture, its cattle, its .to add to the able argument of the Senator from Texas in reply to the mines. That very fact goes to show that my friend is entirely mis­ Senator from Maine. It certainly, in my judgment, was the only in­ taken in his estimate of the capacities of that Territory. He says : ference that could be drawn from the remarks of my friend from Look at Ma-ssachusetts which for two hundred and fifty years has been Maine, when he held up the e-xample of Massachusetts to us of what cultivating whatever soil it has, and has been improving in other an American State should be, that only a State as large a.nd M popu­ directions faster by means of its manufactures and commerce. Very lous as Massachusetts should hereafter be amnitted into the Union. well, let him give one-third of the time, one-twentieth of the time to Mr. MORRILL, of Maine. I did not ~ay that. these communities to grow up. Should Maine have been excluded on Mr. SARGENT. I say that was the only inference from his argu­ account of the Aroostook country and of the region of swamps where ment. He showed us what these Territories were not, and then said there is nothing to be seen for mile on mile traveled by the lonely he would show what an American State should be. If the argument traveler except stumps of trees and devastations of woodland f Was was not valuable for that purpose, it was worth nothing; and it is that an argument a

which were all admitted with one-half the population which New tainly is plainly implied in clause 2 of the first article of the Consti­ Mexico has at the present time. It is impossible for a new State to tution: . have the population and the wealth of an old one. The question is ~epresentatiyes and dir_ec~ tax~s sh~ll be appo~tioned a.~ong the severn! St.1ot~s Does it furnish a fair guarantee for the future f That was the only which may be mcluded wtthin this Uruon, according to th611' respective numbers.• fair question that could haYe been a{)ked of Ohio when it came for­ * * .. * * * ward with 41,000 people, the only fair one of Illinois when it came The actual ennmeration shall be made within three years after the first meeting forward with 75,000 people. of the Congress of the United States, &c. Mr. MITCHELL. I should like to ask the Senator from California It seems to me that the plain implication from this clause is that whether, as a fa~t, there have not been :fifteen States admitted into the ratio fixed by the. law for a member of the lower House is the test the Union as States with less population than New Mexico had six hy w~ch we t~y a new ~tat.e before she shall be admitted to repre­ years agof sentatiOn on this floor, With two members here, and to be equal indiO'­ Mr. SARGENT. That is true; and all this va(!t country in the nity, in power, and in influence ·with ea~h of the other States mfd West, out of which the great States to which I h:we referred have equal, too, with the representation for a single member on the fl~or of been carved, were acquired by purchase a century after the settle­ the other House. ment of the States which are now set up as -the criterion, as the mark To my mind this in itself is conclusive. When we take the case of which must be reached for new States to be admitted. I say such a the States west of the 1\!hisissippi, to which reference has been made doctrine is absurd. We can very well say farewell, then, to any fur­ they are found to come in in population up to thi~ standard. Tak~ , ther States, a.t any rate until long in the future ; and we are to keep . the case of Minnesota, with 6,000 in1850, it went up to 120,000 in 1860: these Territories until they have each- a million of inhabitants ancl .All the n~w States :Ire now found upon the census list equal to this thousands of millions of wealth before they are to be admitted into standard save the States that were admitted since 1859 commencilli!­ the Union. Who in the meanwhile is to govern them f Can you hold with Oregon, and all tho eStates :Ire now far in excess Jf the numbe~ your empire together on any such basis ~ I ask the man who looks necessary for a single member of the lower House; but not one of from the snow-banks in Maine on the country if he supposes he can these States, including even the State of Nebra ka, by the census of have his Senators on this floor and his Representatives in the other 1870, had-enough population to entitle her to a member in the lower House to make laws for a broad extent of country into which his House of Congress. The State of Nebraska, by the cemms of 1li!70 has St.ate mig~t be throw~ and it could .not be found by a year's search, not enough population for a member iu the lower House of Cong;ess · with teemm~ populatiOns and growrng strength, and they deprived s!Ie bas but ~22,000, ~hile it requiret:J131,000; aud yet her representa~ of all rights rn this Union f It is impossible. twn upon this floor IS equal t.o that of the three millions and a half One reason why the overland railroad was built by the Government of p~ople, under the census of 1870, in the Commonwealth of Pennsyl­ during the time of a prodigious civil war was tiiat the neglected vama. portion of the country might possibly secede. It was an argument This reversal of policy makes the people of the great States restive that was m;ed, strange to say, before the war broke out, and proba­ and it causes argument and dissent in regard to the great compromis~ bly before the desi~n wa{) conceived in his mind on which he after­ of the Constitution. Our people abide by the doctriue of the Con­ war~ acted,. by Jefferson Davis, that, as a m~itary necessity, as a ne­ stitution in giving equality to Rhode Island and Delaware b-ecause cessity to bmd the country together, a Pacific railroad ought to be it was necessary at the time to the formation of the Gover~ent · but built between the Missouri River and the Pacific Ocean; a strange we demand that the Teritories which seek anmis ion as new Stalitls argument to be mane by him in one of his report{) as Secretary of shall have the number of people that entitle them to at least one War. And afterward, when there seemed to be a tendency to a dis­ member i_~ the lower House of Congress before they are permitted solution of t~e Union of the different se?tions, one striving to get to come hero and be made equal with our great States on the floor of away, the railroad was ordered to be built, Congress being largely this Chamber. r influenced by that very consideration that a country so remote, and . The bill was reported to the Senate as amended. for whose wants or cla.ims no sympathy was felt by other sections !\fl:. COC~RJPLL. Mr: P~esident, I am J?Ot disposed to offer any miO'ht gmvitate away in the course of time. - ' captiOns obJectwns to this bill. I am certa.mly a friend of the West f say, sir, that this doctrine of the Senator from Maine can be car­ and the people of the West; but I cannot consent to vote for a bill of ried too far. I would not justify any assault upon the Union for such this kind in this form. Under the provisions of section 3- causes; but I say that I and every man standing in this place must All persons qualified by law to vote for r epresentatives to the General Assembly estimate these things as they have been estimated heretofore. If it of said T erritory at the dat~ of the pas age of this act shall be qualified to be elected, and they are hereby authortzed to vote for and choose representatives to form a con­ shall be said,'' Here is a populous, wealthy, and old State of the Union· yen~on, under such. rules and r egulations a:'l the governor of said Territory, the' chief now bring up your new Territories to the capacities of that Stat~ JUStice, and the Uruted States attorney thereof may prescribe. in all particulars, and we graciously will allow you to come into the It would be very difficult -I think to determine what is a qualified Union," assert th~y~~ll n?t s~bmit; and as they grow in wealth and _I voter in the Territory of N~w Mexico. If I understood my friend P?I?ula~10n, and th~s IDJUStiCe m_crea{)es, mo~e and more will they be from Texas corr~ctly that question is now pe~ding in the Supreme dismchned, and neighborhood will carry neighborhood with it upon Court of the Umted States, an unsettled questwn. I have examined such a doctrine. We have lost nothing by admitting new States; we the acts of Congress providing for the admission of Indiana illinois shall lose nothing by the admission of Colora-do ; we shall lose noth­ Missouri, Mississippi, and Iowa, and nearly all the States th~t I hav~ ~ng by the admission of ~ew Mexico, but will gain by it. We sa.ve, bad time to look at, and they are much more explicit and definite. m the :first place, the dram on the Treasury of supporting a territorial They leave nothing vague and uncertain as this bill does and I :find government. The people will support themselves. We shall gain by the additional stability which is given to the State, by the encouraO'e­ no such authority given to the governor, or to the govern~r and chief meut to eruigation to go there and build up its resources and fertilize justice of the Territory and the (listrict attorney, until you come to the acts of Congress providing for the admission of Nevada and Nebra5~ka t!Ie l!l'nds. All our expe~ence has been in favor of admitting the Ter­ and thoqe two acts provide that the elections shall be under the ritories early, from the trme that Vermont was admitted with 85 000 rule~ and regulatilaw of the United States by an officer of posed new State, it certainly should not be admitted, because it the United States gives the population of New Mexico in 1870 at would be wrong to give to a country without inhabitants, having 90,000, the white population, and ·it makes the whole population of nothing but lands and mountains and rivers, a representation upon New Mexico 111,000 counting Pueblo Indians and others; but what this floor equal to one of the old Stat-es having wealth, population, is called the white population was put at 90,000. We have a mode education, and refinement. The question was well put by my friend of calculation which is perfectly correct. In 1850 the population of from Vermont. I agree with most of his argument; but I think the the Territory was 60,000, as we know by official statements made at facts are a little different from what he understands them, to be. that time and published in the census of 1850, and in 1870 the popula­ We know from the census of 1870 that the population of this pro­ tion was 90,000. These are facts that are of an official character. We posed new State was then ninety thousand and a fraction. This is know that the increase has been for each period of ten years equal to in accordance with the official census made that year. We know as 50 per cent. Bearing this in mind, it is clear that the present popu- • a fact that a tide of emigration has from that day to this been con­ lation does not vary and cannot vary much from what it is stated to tinually pouring into that Territory. We are therefore justified in be in the memorial presented by the Legislature of the Territory. It believing that the statement made by the Legislature of the Terri­ seems to me that these facts cannot be controverted. I know very tory that the population of that Territory is now equal to one hun­ well that there is a disposition in all these new countries to magnify dred and forty thousand is correct. If you will look at the ratio of the population, but I furthermore know that there is always a large incrbase.of population from 1850 to 1860, and from 1860 to 1870, you population which is floating, which is not enumerated, and which may very well conclude, applying the same ratio of increase, that from being a floating population very soon becomes a permanent popu­ the present population is fully what it is stated to be in the memorial lation. presented by the Legislature of that Territory. I think myself, beyond any reasonable doubt, that the population of It seems to me that we are not in a position to deny these facts. New Mexico to-day cannot be less than from 125,000 to 140,000 per­ That there is a population here of from 120,000 to 140,000 or 150,000 sons; I speak of the white population alone, leaving out the Pueblo is beyond any reasonable doubt. That being so, are not these people Indians, and all other Indians. Therefore I think on the score of entitled, under the sacred obligations that we undertook when we population it certainly haa a just right to be admitted. We have made the treaty of Guadalupe Hidalgo, to come into the confederacy never applied the rule of full population equal to the ratio of rep­ as one of the sisters of the confederacy ! It seems to me the day ha~ resentation on the admission of any of the new States. I do not re­ come when the contract is to be carried out. member the population of Maine when it was admitted a.e~ a new But gentlemen say a portion of this population is not adapted to our State. system of government. That is very true, and the same argument Mr. MORRILL, of Maine. Three hundred thousand. would apply and could have been applied with perfect correctness to all Mr. BOGY. Then you have retrograded since that time, have you the new States. When my own State applied for admission in 1820 it not f What is your population nowf · had a population of 66,000 persons, and of that population upward of Mr. MORRILL, of Maine. Seven hundred thousand. 30,000 were not of the Anglo-American race; they were a French pop­ Mr. :~;lOGY. My frien.d says the population of Maine was 300,000 ulation. About one-half of the population of Mjssouri at the time when lt was admitted in 1820, alongside of my State, Missouri. she applied for admission were not of the Anglo-Saxon race, and They were twin sisters; and it has now only six or seven hun­ yet that small foreign element as it is termed has been absorbed un­ dred thousand. I think he is mistaken, although he ought to be til it has nearly disappeared; and so it will be in this new country. better informed on that subject than myself. I think it was less than The population of New Mexico to-day, according to my information, three hundred thousand-two hundred thousand and odd; but I was is from 120,000 to 140,000. going to make an exception of Maine, because Maine was a part of Mr. MORRILL, of Maine. Will my honorable friend allow me to the old State of Massachusetts, and the lower portion of Maine was say that the census puts it at 90,000 ¥ rather densely populated; but it has progressed very slowly from that Mr. BOGY. That was taken in 1870. day to this, while the new States are increasing with great rapidity. Mr. MORRILL, of Maine. What is the information on that subject Now, sir, what is the character of that population T We are not sin.ce! • · left in much doubt upon that subject. New Mexico was acqu_ired by Mr. BOGY. A memorial on that subject has been sent to us by the the treaty of 1848. By the census of 1850, it had· a population of Legislature of the Territory. Of cotu'Se that is not a thing we can de­ 61,000. As a matter of course, the population of that day was prin­ pend upon conclusively; but it is, nevertheless, information that jus­ cipally of the Mexican race; because it was only two years after wa tines action when it is sustained by the fact that we know that the acquired it. It had then a population of 60,000 persons. It \You1d population in 1870 was 90,000, that it increa.sed from 1850 to 1860 at be fair to say that in that population of 60,000 persons there were tbe rate of 50 per cent. in those ten years, and it certainly has increased about 10,000 Anglo-Americans, leaving a Mexican population of about at the same rate within the last ten years. We know this to be so, 50,000 persons. If there be a population of 120;000. to 130,000 now, because we know outside that the tide of immigration pouring into yon can very well see that the Anglo-American population greatly that Territory is now and has been very large for some years. preponderates over the Mexican population at this day; and of that Mr. MORIULL, of Maine. My honorable friend will pardon me fact there can be no doubt. for saying to him that I am qqite suspicious of these statements. In In addition to this, a large number of these Mexicans are intelligent, 1864, when Colora{io wa~ here for admission, it was stated most confi­ educated men, and well a

as better for them. My own opinion is that New Mexico is destined sta-ted by the Senator from Missouri, reasons why the vote should not in a very few years to be a large and a populous State. I am some­ have been full at the last election. It is known to most of the Senators, what acquainted with that country, and I think there is great mis­ probably, that the candidate who was elected, who received a majority conception here with regard to the productiveness of New Mexico. of the votes, was absent from the country at the time, traveling in The climate is delightful; and, although it has lofty mountains, it ha.s Europe ; that there was, practically, no contest, and therefore that the very broad and very rich valleys. The country is remarkably well votes were not to any great extent called out. But, allowing that to be watered, and it is adapted better than any other portion of the United a standard, let us look at the vote of some other State. The Sta.te of States to theraisingof stock-cattleandsheep; and I have no doubt that Rhode Island, the very years which the Senator quotes, at the last in a very few years there will be in that country twenty-five millions two elections polled how many votes 7 The State of Rhode Island of sheep. Yet that country will be self-sustaining with regarfl to its by the data-l read from the almanac from which t.he honorable Sen­ own food. It will be sufficien~ly a farming country and raise suffi­ ator read the vote of New Mexico-polled in the year 1872 13,442 votes cient meat to supply itself, and it will be a self-sustaining community, - about three thousand less than were polled by the Territory of New destined to be, in my opinion, very rich indeed. Mexico in this last year with no contest; yet the State of Rhode Island The policy inaugurated at a very early period of this Government is represented upon the floor of the other House by two members. was to admit these new States as soon as possible. That policy orig­ Therefore, by the Senator's own argument, the injustice we do here inated at the time when the Northwest Territory was acquired from is that we do not give the Territory of New :Mexico two members in­ Virginia in 1784; and, under that policy, Ohio was admitted at a very stead of one upon the floor of the other House. . Look again at the early period, and before it had the representative ratio of population. State of Rhode Island. At the vote for governoriu 1874 she polled in The same rule applied to the admission of Indiana, to the admission all but 13,924 votes, showing that the vote in 1873 was not exceptional. of Wisconsin, to the admission of Illinois,-and to the admission of Another misstatement has been made here. 'rhe honorable Senator Michigan, which formed a part of the Northwest Territory. It was from Maine said that, there wore but 10,000 who could read the En­ the policy pursued when my own State was admitted, when Iowa glish language within the Territory of New :Mexico. I do not know was admitted, and when Minnesota was admitted, and wh~m the what data the gentleman speaks from, certainl,y not from the census States farther west were admitted-Kansas, Nebraska, and Nevada. of 1870, because I find in that census as reported here that there were It was the policy which we adopted last year when we pa-ssed a law but 48,000 over the age of ten who cauuot read the English language. enabling Colorado to be admitted as a State ; and if Colorado is en­ Mr. MORRILL, of Maine. If the Senator will allow me, does it fol­ titled· to be admitted, why is not New Mexico f There can be no low because the census designates these people as white that they doubt that New Mexico ha-s a much larger population to-day than necessarily speak the English language Y Colorado has. It had more population a year ago than Colorado ha.s. Mr. IDTCHCOCK. I am not aware that I said anything about It is true that a portion of the populationof New Mexico is not of the white or any other color. .Anglo-Saxon race; but yet there is a very large population there of Mr. MORRILL, of Maine. Bnt 90,000 is the white population. the .Anglo-Saxon race, and I think a proportion equal to the entire l\Ir. HITCHCOCK. I said not-hing about that. population of Colorado. · Mr MORRILL, of Maine. I think my honorable friend is readiug I can see no reason in carrying out the policy of this Government from the census. which has prevailed for a great many years why this new State Mr. HITCHCOCK. I am. should not be admitted as a member of the Confedera-cy. There may Mr. MORRILL, of Maine. That is what the census says. be some objections to the details of the bill, yet in that I do not l\Ir. HITCHCOCK. I was reading from the ceusus in regard to the exactly concur with my colleague . . I see no great principle violatecl illiteracy of the people. The honorable Senator from Maine said there here. I do not see that any great harm can grow out of the third sec­ were but ten thousand people who could read the English language. tion. No powe·r is given under it to the governor of the Territory Mr. MORRILL, of Maine. The Senator from l\1aine did not state • and t.he chief justice and the attorney of the United States to change that. The Senator from Maine said there were a bon t ten thousand or affect the rights of voters. They are only empowered to make people who spoke our langua.ge. That is what he said. such rules and regulations a.s may be deemed necessary for the elec­ Mr. HITCHCOCK. I inquire of the honorable Senator what is his tion to be carried on. No great har:n could result from that. And authorit.v for that statement f then it is made the duty of the governor to- Mr. MORRILL, of Maine. It is very much akin to that informa­ By proclamation, order :m election of the representatives aforesaid, to be held tion which is so thoroughly relied upon by my honorable friend, that throughout the Territory, at such time as shall be fixed by the governor, chief information which lies out ide of the statistics that are given to us justice, and United States attorney, or any two of them, which proclamation shall officially. As intelligent a gentleman as I kuow, connected with the be issued within ninety days from the passage of this act, and at least thirty d.'tys survey of that country, who has been there several years, told me prior to the time of srud election. that was his information. The rest of the population, as I described, It is made the duty of t.he governor to issue this proclamation are Mexicans, Indians, "greasers," and mixed bloods, not speaking within ninety days from the passage of this act, and it is made also om· lani!mage. If t.here are any larger number they have gone in his duty to give not less than thirty clays' notice of the time .of the since. am not disposed to take very much on trust after the two election. The notice may be more, but it shall not be less than thirty experiences I have had here in the last twelve years as to the popu­ days. Although there are no railroads in the Tenitory and mail lation of Territories when they apply for admission as States. facilities are not very great, ne>ertheless I hold that thirty days is Mr. HITCHCOCK. I do not know what the Senator means by more than amply sufficient to have the fact known throughout the taking these questions on trust. I inquired of the honorable Senator whole Territory. Ten days, and less than ten days, will enable that what wa.s his authority. He says a gentleman connected with the fact to be made known in every precinct of the Territory. There surveys. That may be official; that may be in his judgment reliable; may be some imperfections in the details of the bill; we cannot all I do not know; I certainly have no means of knowing; but I read agree abottt them ; but I see no great fundamental principle violated. from the official United States census of 1870J which says that there I cannot see that any great harm can result from them. I think the were but 48,000 people in the Territory of New Mexico over ten years protection is sufficient. of age who could not read the English language. That is my author­ I cannot see why we should now change the policy which haa· guided ity. r do not know anything that is better or superior, even a gen- us for so many years since the admission of Ohio to the present time. tleman connected with the surveys. . Whenever these new communities have population enough to enable Very much has been said in regard to the agricultural resources in them to carry on self-government, it has been the policy of this coun­ New Mexico. The honorable Senator from Maine said he thought try to throw them upon themselves, to let them govern themselves at there was not more than one out of a hundred acres of arable land. their own expense, and relieve us from the expense of governing Even if there were but one out of a htmdred acres, it is far greater in them, and also in deference to the great principle which underlies the proportion than in the States of New England. The valley of the whole system of our Government, that each community shall govern Rio Grande, running all the way through the center of the Territory, itself in accordance with its own views of right and justice. I venture to say has greater capacities for agt·icultural production Mr. HITCHCOCK. I do not suppose, sir, at this period of the dis­ and will produce more in one year than the whole territory of New cussion that anything can be said which will change a vote in the England will or has' in a century. • • Senate; and I certainly do not desire to take a single moment of time The committee carefully examined all the data which were within uselessly in any such attempt. I desire, however, to call attention to their reach, as I said before, in regard to the two points which we and to correct two or three statement.s which have been made in op­ thought it necessary to consider, the number and charac·ter of the position to the passage of the bill. people which we propose to endow with the great privilege of citi­ The honorable Senator from Pennsylvania [Mr. WALLACE] says zenship and the character, extent, and resources of that Tenitory, that the older and larger States have been growing restive under the and we were unanimously of the opinion that it is the part of justice rapid admission of States into the Union with less population than and wisdom for the Congress of the United States to allow the people is requimd for representation on the floor of the other Honse. That of New Mexico to become a sovereign State in this Union. may be true; but that does not apply to the case of New Mexico. As Mr. COCKRELL. Will the SenatorfromNebraskainformme why I stated, when I opened the debate, that the committee were unani­ it was_that this special provision -w:a.s placed in this bill: mous in the opinion, from the best evidence before them, from the And the governor of said T erritory shall, by proclama-tion, order an election of best data which they were able to obtain, that the population of New the representati1es aforesaid, to be held throughout the T erritory. at such time as Mexico at the present time numbers from one hundred and thirty to shall be fixed by the governor, chief justice, and United St.'tt.tlS attorney, or any one hundred and sixty thousand, the Senator from Pennsylvania, in two of them, which proclamation shall be issued within ninety days from the pas­ support of his argument that that wa.s an exaggerated estimate, quoted sage of this net, and at least thirty clays prior to the time of said election. the number of vot-es polled at the last Delegate election. Ther~ were, as Why was that special provision put in there, not even requiri~g a 1876. CONGRESSIONAL RECORD-SENATE. 1617

newspaper publication of the election, nothing but a proclamation, The PRESIDENT p1·o tempo're. This amendment cannot be made which might be posted upon the doors of the capitol or anywhere else 'f without a reconsideration of the vote on the third reading of the bill 1\Ir. MORRILL, of Maine. In what sectio_n is that T except by unanimous consent. Is there objection to this amendment! Mr. COCKRELL. Section 3: page 3, beginning in the eighteenth The Chair hen,rs none, and by common consent the amendment is line. made. Mr. HITCHCOCK. I can only say in regaro to that provision that Mr. BOGY. I presume after the amendment adopted in the nine­ the committee followed the precedents of the last twelve years sub­ teenth line a change ought to be made to correspond with that amend­ stantin.lly. Certainly the committee supposed that with the restl'ic­ ment, and the word "thirty" should be stricken out and "sixty" in- . tion which provided that the notice should not be less than thirty serted in the twenty-fourth line. It is a mere verbal correction. clays, and that the management of the details of the matter should be The PRESIDENT p1·o tempm·e. The Chair hears no objection, and left with the governor, chief justice, and attorney, no injustice was by common consent the amendment is made. The question now is likely to be clone to any voter. The committe-e has no objection to on the passage of the bill. any specific amendment of the bill in this respect. Nobody has any Mr. MORRILL, of Maine. On that question I a.sk for the yeas and idea or desire that t.his election shall be carried by a trick or a. fraud. nays. We expect and desire that the Honest sentiments of a majority: of the The yeas and nays were ordered, and the Secretary proceeded to call people of New Mexico shall be registered; but we took the precedents the roll. as they have been established for the last twelve years, and we have Mr. MORRILL, of Maine, (having first voted in the negative.) I followed them; that is all. ask to withdraw my vote. It. occurs to me tha.t I am paired with the Mr. COCKRELL. I desired when I was on the floor before to call Senator from South Carolina, [Mr. PATTERSON.] If he were here he the attention of the Senator from Nebraska to the precedent in the would vote "yea" and I would vote " nay." case of Nevada and the precedent in the case of Nebraska. I have The Secretary resumed and concluded the call of the roll, which examined all the precedents anterior to that time, and I fincl no prece­ resulted-yeas 35, nays 15; as follows: dent for this provision. The act for the organization of Nevada and YEAS-Messrs. Bogy, Booth, Bruce, Cameron of Wisconsin, Christiancy, Von­ the act for the organization of Nebraska are both identical, and they over, Cooper, Davis, Dennis, Dorsey, F erry, Goldthwaite, Hamilton, Hamlin, Har­ provide: vey, Hitchcock. Howe, Ingalls, Jone of Nevada, K elly, Kernan, Lo~an, McWUan, Maxey, Mitchell, Paddock, Ransom, Robertson, Sargent, Sharon, Snerman, West, .And the governor of said Territory shall by proclamation, on or before the first Windom, Withers, and Wright-35. . Monday of May next, order an election of the representatives as aforesaid, to be NAYS-Messrs. Allison, Bayard, Eaton, Edmlmds, Frelinghuysen, Key, Mc­ held on the first Monday of June thereafter, throughout the Territory. Creery, McDonald, Merrimon, Morrill of Vermont, Norwood, Randolph, Sa.nlsbury, Stevenson, and Wallace-15. The act of Colorado, which I have not had time to examine, I know ABSENT-Messrs. Alcorn, .Anthony, Boutwell, Burnside, Cameron of Pennsyl­ nothing about, but the act in regard to Nevooa and in regard t.o Ne­ vania, Caperton, Clayton, Cockrell, Conkling, Cragin, Dawes, English, Gordon, braska and prior acts have prescribed how the election should be held, Johnston, Jones of Florida, Morrill of Maine, Morton, Oglesby, Patterson, Spencer, the notice that should be given, and fixed the day. I see this act does Thurman, Wadleigh, anrl Whyte-23. not require that this proclamation shall even be published. The gov­ So the bill was passed. ernor may issue a written proclamation and post it upon the lintels of MESSAGE FROM THE HOUSE. the capitol thirty rl.ays prior to the el~ction, and no persons in that Te.r­ A message from the House of Representatives, by Mr. G. 1\I. ADAMs, I'itory, except his own personal friends whom he advises otherwise, its Clerk, announced that the House had passed a concurrent resolu­ may know one solitary thing about that election. tion for printing 100,000 copies of ~he Report of the Commissioner of The bill was ordered to be engrossed for a third reading, and read Agriculture for the year 187 4, and also a concurrent I'esolntion for the the third time. · printing of 200,000 copies of the Rep.ort of the Commissioner of .Agri­ The PRESIDENT pro tempo're. The Question is, "Shall the bill culture for the year 1875; in both of which the concun-ence of the .. pass ¥" . Senate was requested. Mr. SHERMAN. I would like to inquire of the Senator from Mis­ ENROLLED BILLS SIGNED. souri in regard to his statement as to the precedents for this bill. Mr. COCKRELL. I supposed that the friends of the bill would The message further announced that the Speaker of the House had certainly consent to as plain a proposition as that, but they seem de­ signed the following enrolled bills; which were thereupon signed by termineP, to force the bill through just as it is. the President pro tempore :. 1\Ir. SHERMAN. Why does not the Senator offer an amendment A bill(H. R.No. 43) granting a pension toElizabethA.Neibling; and ~selff A bill (H. R. No. 2570) legalizing the homestead entry of Mrs. Phrebe Mr. COCKRELL. The friends of the bill would simply try to vote C. Oakley, of Bay County, Michigan. it down. ADVERSE REPORTS RECONSIDERED. Mr. SHERMAN. I ask the Senator why he does not offer an amend­ On motion of Mr. COCKRELL, and by unanimous consent, the vote ment to the bill himself T agreeing to the indefinite postponement of the bill (S. No. 23) for the Mr. COCKRELL. If I had time to prepare it I would move an relief of Edwin Fairfax Gray was reconsidered, and the bill placed amendment to the third· section. on the Calendar. Mr. SHERMAN. I understood the Senator from Nebraska to say On motion of Mr. WALLACE, and by unanimous consent, the vote that the committee followed the precedents. agreeing to the indefinite postponement of the bill(S. No.111)forthe Mr. HITCHCOCK. The precedents of the L'lst twelve years except relief of John Montgomery and Thomas E. Williams was reconsid­ in regard to Nebraska, where the chief justice and district attorney ered, and the bill placed on the Calendar. were not included. On motion of Mr. MERRIMON, the vote agreeing to the indefinite Mr. SHERMAN. I want to vote for this bill and shall vote for it, postponement of the bill (S. No. 578) for the relief of the administra~ • but I would like to have it conform to other acts admitting Territories. trix of the estate of Lieutenant Joseph Wheaton, deceased, wa.s re­ :Mr. COCKRELL. I ask the Senator froin Nebraska to point out one considered, and the bill placed on the Calendar. solitary act preparatory to the organization of a State that is similar On motion of Mr. HARVEY, the vote agreeing to the adverse report to this' . of the Committee on Claims on the petition of James Streeter, of J unc­ Mr. SHERMAN. I do not mean that it must be similar in all tion City, Kans:lB, praying compensation for property seized by the things. United States forces at Memphis during the late rebellion, was recon­ Mr. COCKRELL. I mean as to the power of ordering the election. sidered, and the report placed on the Calendar. I do not want this bill to put it in the power of one man or three men simply to fix the time and place of election. HOUSE BILLS REFERRED. Mr. SHERMAN. Why does not the Senator offer an amendment, The following bills from the House of Representatives were sever­ and we can act upon it f Let him move to substitute th& section in ally read twice by their titles, and referred to the Committee on the the Nevada act in lieu of the section in the bill to which he has called Judiciary: attention. The Secretary can copy it for him. A bill (H. R. No. 2434) to correct an error in section 5271 of theRe­ l\fr. HITCHCOCK. I have no objection to an amendment, such as vised Statutes of the United States ; is suggested, to provide for the publication of the proclamation in A bill (H. R. No. 2583) to provjde for holding of terms of the dis­ the newspapers for sixty days. trict aud circuit court of the United States at Fort Wayne, Indiana; 1\Ir. LOGAN, (to Mr. HITCHCOCK.) Just accept that amendment. A bill (H. R. No. 2582) to regulate the removal of causes from State Mr. HITCHCOCK. I will a-ccept that as an amendment, to provide to United State courts ; and for the public::Ltion in at least tWo newspapers of general circulation A bill (H. R. No. 2572) to protect witnesses who shall be required in the Territory for a period of sixty days. to testify in certain cases. Mr. COCKRELL. 'Ve had better have four newspapers. Let the The bill (H. R. No. 25 1) to amend section 3887 of the Revised Stat­ people know what they are doing. Are there four newspapers there f utes was read twice by its title, and referred to the Committee on :Mr. HITCHCOCK. The Delegate from the Territory informs me Post-Offices and Post-Roads. that there are four there. AGRICULTURAL REPORT FOR 1874. The PRESIDENT pro tempm·e. The Secretary will report the The PRESIDENT p1·o ternpm·e laid before the Senate the following amendment. concurrent resolution of the House of Representatives; which was The CHIEF CLERK. On page 3, line 19, after the word " proclama­ referred to the Committee on Printing : tion" it is proposed to insert: Resolved, (the Senate concurring,) That there be printed 100,000 copies of the Re­ To be published in four newspapers printed and circulated in different parts of port of the Commissioner of Agriculture for the year 1874; 20 000 copies for tho the said Territory, and at least sixty days prior to the day fixed fo~ the said election.. use of the Senate, and 80,000 copies for the use of the House of Representatives. IV-102 1618 CONGRESSIONAL REOORD-IIODSE. MARCH 10,

AGRICULTURAL REPORT FOR 1875. Mr. EDMUNDS. I must a.pologize to the Senator from West Vir­ The PRESIDENT pro tempore also laid before tho Senate the follow­ ginia, because he puts himself upon the ground that anything which ing concurrent resolution of the House of Rep1·esentatives; which·was is agreeable to his people it is not his business t(l object to. I was referred to the Committee on Printing: laboring under thfl impression, if I may so state it, of snppocing that .Resolved by the House of Representatives, (the Senate concurring,) That the Con­ he was a Senator of the United States, and that t.he int·erests of the gressional Printer be, and he is hereby, authorized to print 200,000 copies of the whole people were confided to his charge as well as the rest of us. Report of the Commissioner of Agriculture for the year 1875 ; 43,750 copies of which So saying, I leave the question; shall be for the use of the Senate, 131,250 copies for the use of the House of Repre­ Mr. D.A. VIS. I think I said, at the same time that I stated I was sentatives, and 25,000 copies for distribution by the Commissioner of Agriculture. representing the wishes of my people, that it was in the interest of DISTRICT COURT OF WEST VIRGINIA. economy for the whole people that this change should be made. The PRESIDENT p1·o temp01·e laid before the Senate the amend­ Mr. EDMUNDS. That is a question that remains to be deter­ ment of the House of Representatives to the bill (S. No. 472) changing mined. the times of holding terms of the district court for the district of The PRESIDENT p1·o tmnpore. The question is on reconsidering West Virginia. the vote and referring the bill, with the amendment of the House of The amendment of the House of Representatives was read, which Repre entatives, to the Committee OJ). the Judiciary. · was to strike out all after the enacting clause of the hill and in lieu The motion was agreed to. thereof insert the following : SALARY OF THE PRESIDE~T OF THE UNITED STATES. That hereafter the district court of the United States for the district of West The PR~SIDENT pro temp01·e. The Calendar of general orders is Virginia shall be held at the times and places following; but when any of said da shall fall on Sunday the terms shall commence the following Monday, to wit:· before the Senate, and the first bill upon the Calendar is Senate bill At the city of Wheeling, on the 1st day of March and the 1st day of September; at No. 172, fixing the salary of the President of the United States, being Clarkslmrgh, on the 1 t day of April and the 1st day of October; at Charleston, on order of business No. 6. · the first day of May awl thelstdayof November; and a,tMartinsburgh, on thelst EXECUTIVE SESSION. ~~ ~~~tnbde ~~a.{cf:l ~ R:c~~b:~a:~l~~Se!i~f!r~~:!·e~ce:aa~ ~~ Mr. SHERMAN. I move that the Senate proceed to the considera­ a if ~s act had not pa ed : Provided, however, Thn.t the terms of court hereby t ion of executive busine . authorized to be helcl at Martin burgh shall be void and of no effect unless all bnililing and conveniences necessary to the holding of said court shall be furnished The motion was agreed to; and the Senate ·proceeded to the con­ by the proper authorities of the county of .Berkeley, free and clear of all cost and sideration of executive bu ines . After ten minutes pent in execu­ expense to the United States. tive session, the doors were re-opened, and (at three o'clock and fifty The PRESIDENT 1n·o t(f}npore. The questio.1,1 is no concurring in minutes p.m.) the Senate adjourned. the amendment of the House of Representatives. The amendment wa concurred in. Mr. EDMUNDS subsequently said: I see that, when my attention was diverted, the Senate agreed to f1 House amendment to a bill about the courts in West Virginia. I think it ought to be looked at to see HOUSE OF REPRESENTATIVES. that it does not interfere with other ses ·ions anu duties of the juuge. I move to reconsider the vote and that the bill he referred to the Ju­ FRIDAY, March 10, 1876. diciary Committee. I would suggest to the Senator from West Vir­ ginia that there will be no delay about it. I will have it looked up The House met at twelve o'clock m., and the Speaker resumed the chair. Prayer by the Chaplain, Rev. I. L. ToWN END. aud report it. back to the Senate. The Journal of yesterday was read and approved. The PRESIDENT pro tmnp01·e. Is there objection to a reconsidera­ tion of the vote for the purpo e of referring the hill to the Committee OPPOSITIO~ TO PATENT EXTENSIONS. on the Judiciary t Mr. SAMPSON, by unanimous conseut, pre ented joint resolution .. Mr. D.A. VIS. I understand that the change in the dates suit the of the Legislature of Iowa, instructiug the Senators and reque8ting people and the court there. I wish to say to the Senator from Ver­ the Representatives :from that State to prevent the extension of ·the mont and to the Senate that the judo-e of the district bas been here Wilson patent for fe d-motion aud similar patents in sewing-ma­ and I understand the dates suit the localities there; and that there chines; whicli was referred to the Committee on Patents. has been a new court added at Martinsburgh, down at this end of the State, and there is now no court perhaps within two hundred miles A. L. SHOTWELL. of it, and all the expenses attending it, as the Senator will see by ex­ Mr. HOLMAN, by unanimous consent, from the Committ-ee on ~­ amining the hill, are to be horne by the people, and not any part of propriations, moved t.hat committee be discharged from the further them by the Government. I believe this is in the interest of economy, consideration of a bill (H. R. No. 2138) for the relief of .A.. L. Shotwell, because the witnesses, jurors, &c., now have to be taken two hundred and tbat the same be referrecl to the Committee of Claims; which miles, and perhaps upwards of two hundred miles, to the nearest motion was agreed to. point to Martinsburgh, Martinsburgh, as the Senator understands, LIGHT-HOCSE AT PERE MARQUETTE, AfiCillGAN. being east of the .A.lleghanies. Mr. DUNNELL, hy unanimous consent, from the Committee on ~h. EDMUND . Then I must express my surpri .e that the Senator Commerce, reported back, with a favorable recommendation, a bill from West Virginia should have a-sked the Senate to concur without (H. R. No.9~) to appropriate money for the erection of a keeper's a word of explanation in what turns out to he an important and mate­ dwelling at the light-hou e at Pere Marquette, Michigan, and moved rial amendment, not merely as to time, as I supposed it was when I the same be referred to the Committee on Appropriations; which mo­ ro e, hut in respect to establishing a new court in a clliferent place, tion was agreed to. which involves considerations that on~ht to merit :t good deal of reflec­ PRIVATE BILLS. tion: I am orry that my friend in h1s zeal for West Virginia should have asked to have the amendment concurred in without the usual 1.!1: • .A. TKINS demandeu 'the regular order of business. reference, ueca,use in that respect it is exactly like a new law. The The SPEAKER. The morning hour now begins at twenty-six min­ .senator knows perfectly well t-hat those are the most troublesome utes after twelve o'clock, and this being Frjday the regular order is questions of detail in the administration of justice that the Judiciary the call of committees for reports of a private nature, beginning wit4 Committee have to deal with in respect to increa ing and multiplying the Committee on Invalid Pensions. tllo places for holtling courts. But I am sure that my honorable friend JESSE M'COY. uitl not intend to have the thing go through without beiug properly 1.!1:. JENKS, from the Committee on Invalid Pensions, moved that considered, but supposed it wa-s all right. I mean no reflection upon committee be discharged from the further consideration of a bill (H. birrL . . R. No. 2505) for the relief of J esse McCoy, and the same be referred l\fr. D.A. VIS. The bill was amended, as is known, in the House and to the Committee on Revolutionary Pensions; which motion was sent over llere. It was an amendmeut to the Senate bill, which came agreed to. from the Juiliciary Committee, as I understand. I certainly had no SALLY CARROLL, (COLORED.) (lisposition to prevent it from taking the regular course. There was Mr. JENKS also, from the same committee, moved that it be dis­ nothlng said by myself or any one else; but the question was simply charged from the further consideration of the petition of Sally Car­ put on concurrence. I noticed the Senator from Vermont in his seat. roll (colored) for botmty as a widow of Governor Carroll, of Company I certainly dill not think it was my place to make any objection when I, Fourteenth United States Colored Tr6ops, deceaserl, and the same the bill as amended suited my people. I uo not see how the Senator be referred to the Committee on War Claims; which motion was well could expect me to object to action of that character, uuless he agreed to. had happened to he out of the Chamber, and then it might have been said that I ought to have called his attention to it. I do not see how JOHN HALEY. the Senator could expect me to object to an amendment to a bill Mr. SINNICKSON, from the same committee, reported a bill (H. R. whlch suited the persons whom I represent very well and which I No. 25 5) granting a pension to John Haley, Company C, One hun­ believed to be in the interest of economy. In conclusion, the Senator dred and thirtieth Regiment illinois Volunteers; which was read a said he did not refer specially to me ; but I beg the Senator from Ver­ first and second time, refen:ed to the Committee of the Whole on the mont to understand that I agree with him very well in his mode of Private Calendar, and, with the accompanying report, ol'dered to be doing business, to let nothing go until he understands it himself. It printed. certainly was far from my thought to push an amendment or a hill MUS. MA!{'lHA R. HO.Bl.I.'\SON. through the Senate witllout·the Senator knowing what we_were doing. Mr. SINNICKSON also, frow the same committee, reported back a.