1880. CONGRESSIONAL RECORD-SENATE. 2673

Helfferich & Sons, and of George C. Buchanan and others, of Ken­ Mr. DAWES. The same joint resolution which passed the House tucky and Ohio, for the passage of the bill (H. R. No. 4812) amending must have passed the Senate. There could not have been two reso­ the internal-revenue laws-to the Committee on Ways and Means. lutions. That may be a mistake of the RECORD, but it oa.nnot be Also, the petitions of G. Holterhoff, of Schmidlapp & Co., of otherwise than the same resolution. There may have been a mistake .Amann & Co., of Cincinnati, Ohio, for a revision of the revenue laws in copying. . relative to the tax on whisky-t o the same committee. Mr. BECK. I do not know the fact; I have not verified it . ~ Also, the petition of the Iron Molders' Union of Lorain, Ohio, for Mr. DAWES. I wish to call the at tention of the Senator from Ken­ the passage of House bill 4327-to the Committee on the Judiciary. tucky to a little error in the RECORD as reported. I did not inquire Also, the petition of Charles N. Parat and others, for the removal of the Senator, as I am reported there, whether he was opposed to of the duty on foreign newspapers and periodicals-to the Committee the resolution; I inquired of the Senator if he objected to the word on Ways and Means. ' "nation." I am reported as inquiring of the Senator if he was op­ Also, the petition of James Morrison & Co. and othen;, citizens of posed to the resolution, and he said no. I inquired of the Senator if Ohio, for the removal of the duty on salt-to the same committee. he objected to the word "nation," and the Senator's response is re­ Also, the petition of Nathaniel Ropes and others, representing the corded there, but it is applied to a different question from what I put. candle manufacturers of the United States, against the reduction of I was desirous of ascertaining from the Senator whether it was an the duty on crude glycerine-to the same committee. objection to the resolution that it was a presentation of the desk to the "nation," and I understood the Senator to say that was no objec­ tion on his part. Mr. BECK. I have only to say that the Senator from Massachu­ IN SENATE. setts a.eked me if I objected to the resolution as it was. I understood him to ask that. I do not think he said anything about "nation" or FRIDAY, April 23, 1880. "United States," or anything else like that. • Mr. DAWES. My interrogatory to the Senator was whether he Prayer by the Chaplain, Rev. J. J. BULLOCK,°D. D. objected to the word "nation" in the resolution. The Senator, of THE JOURNAL. course, speaks as he heard me. I had no idea that the Senator would be opposed to a resolution drawn in words that were acceptable to The Journal of yesterday's proceedings was read. him. My ouly desire was to ascertain whether the Senator from Ken­ The VICE-PRESIDENT. The Chair wishes to call attention to that tucky objected to the use of the word ''nation." part of the Journal which relates to the first amendment offered by The VICE-PRESIDENT. The only resolution passed upon the the Senator from Mf.line [:Mr. BLAINE] to the Army appropriation bill. subject-matter was a joint resolution from the Honse of Represent­ It makes the Senator from Vifginia [Mr. WITHERS] to have assigned atives. a reason for his point of order, which was not according to the fact. Mr. BECK. It appears from the RECORD that it passed the House He stated generally that he raised the point of order. Then the Chair in one form and the Senate in another, which would be an improper inquired of him upon what ground it was, and he went on to specify thing. . some grounds which the Chair thought were not tenable grounds, SMITHSONIAN REPORT. but the point of order nevertheless was well taken according to the rule. The Journal should state the fact that the Senator from Vir­ Mr. HAMLIN. I wish to enter a motion to reconsider the vote by ginia did not at the outset assign any reason for his point of order. which the Senate yesterday concurred in the amendment of the House He stated generally "the point of order." of Representatives to the concurrent resolution of the Senate for the Mr. WITHERS. That is correct. publication of the Smithsonian Report. The VICE-PRESIDENT. The Journal will be corrected in that The VICE-PRESIDENT. The motion will be entered. respect. Mr. HAMLIN. The chairman of the Committee on Printing is out Mr. KIRKWOOD. Yesterday morning the Chair presented to the of bis seat, and I cannot confer with him; and I enter the motion to Senate resolutions of the American Numismatic and Archreological save time. Society of the city of New York, in favor of the admission of classi­ EXECUTIVE COMllUNICATIONS. cal antiquities free of duty. My recollection is that the memorial The VICE-PRESIDENT laid before the Senate a letter from the was la.id on the table, but if I heard the Journal correctly, it is stated Postmaster-General, communicating, in answer to a resolution of the there that it was referred to the Committee on Finance. Will the Senate, information relative to a suit against the postmaster at New Clerk please refer to it T York for damages arising for the use of a patented instrument for The VICE-PRESIDENT. It appears by the Journal that the me­ canceling postage-stamps; which was referred to the Committee on morial was referred to the Committee on Finance. Post-Offices and Post-Roads, and ordered to be printed. Mr. KIRKWOOD. I desire to call that matter up some time dur­ PETITIO~S AND MEMORIALS. ing the morning hour for a few minutes this morning. The VICE-PRESIDENT presented a letter of George W. Bruner, of It Mr. TELLER. ought not to have been 1·eferred, as the bill has Mo~tgomery, MiRsouri, relative to the original bounty of Charles Ma­ been reported. honey, late private Company E, Twenty-fourth Missouri Volunteers; Mr. KIRKWOOD. That is an error. The memorial was ordered which was referred to the Committee on Military Affairs. to lie upon the table for the reason that the bill to which it relates Mr. SLATER presented resolutions of the Chamber of Commerce of had been reported from the Committee on Finance and was in pos­ Astoria, relative to appropriations for the Willamette and Lower Co­ session of the Senate. The Journal should be amended so aa to show lumbia Rivers and the bar at the mouth ·of the Columbia River; that it was laid on the table and not referred to the committee. which were rflferred to the Committee on Commerce. · The VICE-PRESIDENT. The Journal will be so corrected, and as He also presented resolutions of the Board of Trade of Portland, corrected will be approved. Oregon, respecting appropriations for the Willamette and Lower Co­ ACCEPTANCE OF JEFFERSON'S DESK. lumbia Rivers; which were referred to the Committee on Commerce. Mr. BECK. Mr. President, yesterday when the House joint reso­ He also presented the petition of Johnson, Rees & Winans, M. C. lution relative to receiving the writing-desk of Mr. Jefferson wa-a be­ Moore & Co., and 125 others, citizens of Walla Walla, Washington fore the Senate, I called the attention of the Sena.tor from Virginia Territory, praying an appropriation of $250,000 to begin the construc­ [Mr. JOHNSTON] to the fact that a clause of the resolution before the tion of a breakwater at the mouth of the Columbia River; which was Senate read in these words: referred to the Committee on Commerce. That this precious relic is hereby accepted in tlLe name of the nation, and that the He also presented a petition of citizens of Wasco County, Oregon, same be deposited for· safe-keeping in the Department of State of the United and a petition of citizens of Clatsop County, Oregon, praying for an States. appropriation of $250,000 to begin the construction of a breakwater And I inquired if it would not be better to have the relic accepted at the mouth of the Columbia River; which were referred to tho "in the name of the United States." The answer was: Committee on Commerce. :Mr• .JOHNSTO!Q". The resolution comes from the House as it was adopted there. ·Mr. VEST presented a resolution of the Chamber of Commerce of It is just in the form it was adopted there. I suppose it is right because it is ex­ the city of Saint Louis, Miss.ouri, in favor of an appropriation by Con­ actly what tho fact is. gress to construct reservoirs on the headwaters of the Mississippi I turned to the RECORD this morning accidentally and I found the River and its tributaries to increase the depth of water so as to ad­ joint resolution introduced in the House by Mr. CRAPO identical in mit the passage of light-draught steamers at all seasons of the year; language to the resolution which passed the Senate, except the sec­ which was referred to the Committee on the Improvement of the Mis­ ond section of the resolution, which reads thus: sissippi River and its Tributaries. And be it further resolved, That this precious work is hereby accepted in the Mr. INGALLS presented a memorial of citizens residing in the west­ name of the United States, and the same be deposited for safe-keeping in the De· ern part of Kansas, remonstratin~ against the passage of the bill partment of State of the United States. taking certain counties from the western land district in that State; As the donors are to be advised of the action, if the RECORD is cor­ which waa referred to the Committee on Public Lands. rect, I do not know which resolution they will be advised in rega.rd M.r. KIRKWOOD presented the petition of M. A. Chamberlain and to. The joint resolution as passed by the House says we accept it 53 others, citizens of Buchanan County, Iowa, praying for the repeal "in the name of the United States," and as it passed the Senate the of the stamp-tax on cosmetics, perfumery, and medicines ; which was phrase is " in the name of the nation." I suppose that only one copy referred to the Committee on Finance. will be transmitted to the donors, and I would rather the House reso­ Mr. CAMERON, of Pennsylvania, presented a petition of citizens lution should go than that the Senate resolution should go. of Huntingdon County, Pennsylvania., praying for the establishment X-168 2674 CONGRESSIONAL RECORD-SENATE. APRIL 23, of a department of agriculture; which was referred to the Commit- Mr. Rockafellow, and it is now a private claim, and as far as the tee on Agriculture. · Committee on Post-Offices and Post-Roads is concerned, I think it He also presented a petition of citizens of Huntingdon County, has nothing to do with the case. I think the bill should properly go Pennsylvania, praying for such legislation as will prevent :tluctua­ to the Committ.ee on Claims. tions in freights and unjust discriminations in transportation charges; . Mr. TELLER. I will say that I did not ask to have it referred to which was referred to the Committee on Commerce. the Committee on Claims, because I feared the Committee on Post­ He also presenteda petition of citizens of ~untingdon County, Offices and Post-Roads might think I was taking some snap on them Pennsylvania, praying for such amendment of the patent laws as will by that course. If the Committee on PostrOffices and PostrRoads protect innocent users of patented articles from prosecution as in­ will report back the other bill and have it referred to the Committee fringers; which was referred to the Committee on Patents. on Claims, the committee can dispose of that also. Mr. SAUNDERS presented a petition of citizens of Clinton, Iowa, The VICE-PRESIDENT. The bill will bereferred to the Commit­ praying for such action by Congress as will insure a speedy division tee on Claims. of the Indian reserves and allow Indians to hold their lands in sever­ Mr. JOHNSTON asked~ and by unanimous consent obtained, leave alty, a-s is now done by white citizens; which was referred to the to introduce a bill (S. No. 1667) to provide for the suppression of in­ Committee on Indian Affairs. · fectious and contagious diseases of domesticated animals; which was Mr. WITHERS presented the petition of F. L. Galt, M. D., of Vir­ read twice by its title, and referred to the Committee on Agriculture. ginia, praying the removal of bis political disabilities; which was Mr. BALDWIN (by request) asked, and by unanimous consent ob­ referred to the Committee on the Judiciary. tained, leave to introduce a bill (S. No. 1668) supplementary to an act for the relief of Nelson Lyon and Jeremiah S. James, approved REPORTS OF COMMI'ITEES. April 1, 1880; which was read twice by its title, and referred to the Mr. KIRKWOOD. I am instructed by the Committee on Pensions, Committee· on Patents. to whom.was referred the bill (S. No. 1006) for the relief of Andrew T. McReynolds, to report it a-0.versely, and with a recommendation AME1''"Di\IENT TO APPROPRIATION BILL. that it be indefinitely postponed. The Senator from Michigan, [Mr. Mr. ALLISON, from the Committee on Indian Affairs, reported an FERRY,] however, who is not in his seat, takes some interest in the amendment intended to be proposed to the bill (H.R.No.4212) making bill, and I think would be gla-0. to have it placed on the Calendar. appropriations for the current and contingent expenses of the Indian The VICE-PRESIDENT. The bill will he placed on the Calendar Department and for fulfilling treaty stipulations with the various In­ with the adverse report of the committee. dian tribes for the year ending June 30,,1881, and for 0th.er purposes; Mr. WITHERS, from the Committee on Pensions, to whom was re­ which, with the accompanying papers, was referred to the Committee ferred the petition of Levi Anderson, late private Company A, Sev­ on Appropriations, and ordered to be p:dnted. enth Regiment Kansas Volunteers, praying for an increase of pen­ sion, submitted a report thereon, accompanied by a bill (S. No. 1662) REPORT ON FISH .AJ..~ FISHERIES. granting an increase of pension to Levi Anderson, late private Com­ On motion of Mr. RANSOM, it was pany A, Seventh Regiment Kansas Volunteers. Ordered, That the Secretary be direct.ed to request the Honse of Representatives The bill was read twice by its title, and the report was ordered to to return to the Senate the resolution of t.he Senate agreein~ to the amendment of be printed. the Honse of Representatives to the joint resolution (S. R. No. 100) to print extra Mr. WITHERS. I am also directed by the same committee, to whom copies of the report of the Commissioner of Fish and Fisheries for the year 1879. was referred the petition of Ann Dennis, a widow, and the mother of LIGHT-HOUSE AT WICKFORD HARBOR. James Dennis, to report it back, the same being now pending before the Pension Bureau. Mr. BURNSIDE. I ask unanimous consent to take up Senate bill The VICE-PRESIDENT. The committee will be discharged from No. 1315. the further consideration of the petition. - By unanimous consent, the Senate, as in Committee of the Whole, Mr. WITHERS, from the Committee on Pensions to whom was re­ proceeded to consider the bill (S. No. 1315) making an appropriation ferred the bill (S. No. 851) granting a pension to Martha A. Lachman, for the erection of a light-house and fog-bell on Old Gay Rock, at the submitted an adverse report thereon; which was ordered to be printed, entrance of Wick.ford Harbor, Narragansett Bay. and the bill was postponed indefinitely. Mr. EDMUNDS. Is there a report T He also, from the same committee, to whom was referred the peti­ The VICE-PRESIDENT. There is no report. tion of Henry Slaughter, praying to be granted additional pension, Mr. EDMUNDS. What committee iB the bill report.ed from T submitted an ad verse report thereon; which wa-s ordered to be printed, The VICE-PRESIDENT. The Committee on Commerce. and the committee were discharged from the further consideration of Mr. BURNSIDE. A report of the Light-House Board accompanies the petition. the bill, and also a communication from the Secretary of the Treasury. BILLS INTRODUCED. Mr. EDMUNDS. I should like to hear the bill explained. · Mr. BURNSIDE. The present light-house is not only in a very bad Mr. HEREFORD a.sked, and by unanimous consent obtained, leave condition, but in a ba-0. positio~. The Light-House Board has recom; to introduce a bill (S. No. 1663) for the relief of the employes v.ho mended, on two or three occasions, that a change be made, and that worked in and the contractors who furnished castings to the Umted the light-house provided for by this bill be built. I introduced a bill States armory at Harper's Ferry, West Virginia, and were not paid in accordance with that recommendation. It was sent through the from January 1, 1861, to April 17, 1861, inclusive; which was read proper channels to the Trea~ury Department; the Secretary of the twice by its title, and referred to the Committee on Claims. Treasury sent it to the Light-Honse Board; and the Light-House He also asked, and by unanimous consent obtained, leave to intro­ Board sent back the bill with a recommendation, which is among the duce a bill (S. No. 1664) to amend and re-enact sections 3 a.nd 4 of an papers accompanying the bill. It is a very important position on the act entitled "An act authorizing the Solicitor of the Treasury, by and channel leading on the Narragansett Bay up to Providence, a channel with the consent of the Secretary of War, to cancel certain contracts as much frequented by v.essels of value as almost any channel in the for the saie of lots of land made at Harper's Ferry in the year 1869 United States. by the United States, to resell the same, and sell or lease all other Mr. EDMUNDS. How -much is appropriated f real estate and riparian rights now owned by the United States at Har­ Mr. BURNSIDE. Forty-five thousand dollars. It is a very neces­ per's Ferry, West Virginia," appro,ved June 14, 1878; which was read sary improvement, and unless the bill be pa&3ed now and the contract twice by its title, and, with the accompanying papers, referred to the made very soon a whole year will be lost in the construction. Committee on Claims. Mr. EDMUNDS. Is it understood that 45,000 will cover the total He also asked, and by unanimous consent obtained, leave to intro­ cost, or is this merely one of the sweet pleasant steps we begin with duce a bill (S. No. 1665) to refund to George W. Graham a certain in such cases 1 amount of money; which was read twice by its title, and referred to Mr. BURNSIDE. It is the total cost. There is no contingency of the Committee on Appropriations. that sort for an improvement in Rhode Island. Mr. TELLER. Some time since I introduced a bill for the relief .Mr. EDMUNDS. I should like to hear the recommendation of the of B. F. RockafeUow, which was referred to the Committee on Post­ LightrHouse Board or something of that kind. I dare say it is all Offices and Post-Roa-0.s. I introduced it and had it referred to that right; it must be if it is in Rhode Island. committee undertheimpression that Mr.Rockafellow had not settled The VICE-PRESIDENT. The communication referred to will be his account with the Department. The bill contains some errors at reported. all events. I find now that he has settled his accounts with the De­ The Chief Clerk ·read as follows: partment-had: in fact, when I introduced the bill. I ask leave to introduce another bill and have it referred to the same committee, TREASURY DEPARTUENT, February 20, 1880. calling the attention of the chairman of the Committee on Post­ Sm: I have the honor to ackDowledge the receipt of your letter of the 18th in­ Offices and PostrRoads to the fa~t that, .in my judgment, the bill stant, inclosing for the views of this Department Senate bill No. 1315, appropriat­ ing 45,000 for the erection of a. light-house and fog-signal bell on Old Gay Rock, properly belongs to the Committee on Claims, but inasmuch as the at the entrance of Wickford Harbor, Narragansett .Hay. other bill is before his committee I will have this bill referred to it In reply, I have respectfully to transmit herewith a. copy of a letter of this date for the committee to examine. from the engineer secretary of the Light-Honse Board, in which it is stated that By unanimous consent, leave was granted to introduce a bill (S. the board is of opinion that a light-house should be erected at Old Gay Rook, and that the snm above named will not be in excess of that required for the purpose. No. 1666) for the relief of B. F. Rockafellow; which was read twice Very respectfully, by its title. .TORN SHERMAN, Secretary• .Mr. MAXEY. I ask that the bill be referred to the Committee on Hon. .TORY B. GORDON, Claims. I remember the case. The Government had settled with Ohairman Committee on Commerce, United States Senate. 1880. CONGRESSIONAL RECORD-SENATE. .2675

TruL\sURY DEPARTMENT, OFFICE. OF THE LIGHT-HOUSE Bo.iim, These gentlemen allege that House bill No. 2524, which provides Washington, Februarfj 20, 1880. for the admission of classical antiquities free of duty, has been so Sm: I have the honor to acknowledge the receipt of Department letter (E.W. C.) amended by me as to destroy the probability of its becoming a Jaw. of the 19th instant, transmitting, for the views of the Light-Honse Board thereon, Of course, I have no complaint to ma~e at all that these gentlemen Senate bill 1315, for the erection of a light-house and fog-bell on Old Gn.y Rock, en­ trance of Wickford Harbor, Narragansett Bay, this bill having been referred to or any other gentlemen exercise their undoubted right of presenting tho Department for suggestion by the Committee on Commerce of the Senate. memorials to either or both Houses of Congress; but I submit that In reply, I beg to state that the matter of providing additional facilities for en­ they should be careful in statel!lents, and particularly where they ·J tering the harbor of Wickford, Rhode Island, was carefully considered by the refer to Senators by name they should state facts accurately. Light-House Board at its meeting onJnne 3, 1878, when the conclusion was reached that the interests of commerce and navigation required that a light-house should The bill referred to bas not been amended by me at all. I have had be established at Old Gay Rock. prip.ted an amendment which, when the bill is called up, I propose The board is of the opinion that the appropriation proposed to be made by the to offer, and that is the extent of my offending thus far. bill in question, namely, $45,000, is not in excess of the sum that will be needed for the establishment of a light-house and fog-bell at the locality named, and re­ While I am up, I will say a word or two in regard to the bill and spectfully recommends that the same be made. · my proposed amendment. These gentlemen say that this is a bill Senate bill No. 1315 is herewith returned, together with the letter of transmittal "in which all educational institutions and art students in the United of the Committee on Commerce. States" are interested. From that it is to be fairly inferred, I think, Very respectfully, F. N. FARQUHAR, Major of Engineers, Engin:eer &cretary. that under the existing law educational institutions cannot receive The hou01:able the SECIIBTARY OF THE TREASURY. . these antiquities without paying duties upon them, and that is an­ other mistake (if that be the intent of this memorial) in a matter of The bill was·reported to the Senate without amendment, ordered fact. As the law stands to-day it reads thus: to be engrossed for a. third reading, read the third time, and pa"6sed. SEC. 2512 . .A.ll paintings, statuary, and photographic pictures imported into the ADJOURNMENT TO MONDAY. United States for exhibition by any association duly authorized nnder the laws of the United States or any State for the promotion and encouragement of science, Mr. ALLISON. I move that when the Senate a-Ojourn to-day it be art, or industry, and not intended for sale, shall be admitted free of duty, nnder to IQeet on Monday next. . such regulations as the Secretary of the Treasury shall prescribe. The question being put, a division was called for, and the ayes It is also provided in section 2505 of the Revised Statutes: were 18. Works of art: paintings, statuary, fonntains, 8.Ild other works of art, imported Mr. EATON and Mf. TELLER called for the yeas and nays, and expressly for presentation to national institutions or to any State, or to any muni­ they were ordered. cipal corporation- · The question being taken by yeas and nays, resulted-yeas 31, nays shall be free of duty. The bill from the House, in addition to that, 24, as _follows: proposes, as I understand it, to allow the importation of these arti­ YEAS-31. cles frefl of duty for sale for the purpose of making money out of Allison, Cameron of Wis., Johnston, Ransom, them to the persons who sell them or to reduce the price of them to Bayard, Coke, Kellogg, Thurman, those who choose to indulge their taste by purchasing them if im­ Blair, Davis of Illinois, Kirkwood, Vance, ported free of duty. That is not at all what I gather from the me­ Boot~ Edmnnds, McMillan, Voorhees, Burnside, Garland, Morgan, Walker, morial presented to this body is the understanding of the gentlemen Butler, Hamlin, Platt, Windom, who, donbtless in the exercise of their proper pn vilege, saw fit to pre- Call, Hill of Colorado, Plumb, Withers. sent it. · Cameron of Pa., Hill of Georgia, Pryor, Another word or two, Mr. President. In the early part of this week NAYS-24. one of the leading journals of the city of New York saw fit to allude Bailey, Farley, Maxey, Saulsbury, to my action in this matter. That journal is as justly celebrated for Beck, Groome, Morrill, Saunders, the accuracy of its knowledge upon all matters of public concern­ Cockrell, Hampton, Pa.ddock, Slater, Davis of W. Va., Harns, Pendleton, Teller, ment as it is for the unvarying courtesy with ·which it alludes on all Dawes, Hereford, Randolph, Vest, occasions to persons who are so unfortunate as to differ with it upon Eaton, Ingalls, Rollins, Williams. such matters. It also has fallen, strange as it may seem, into an error. ABSENT-21. That journal says that the purpose of my amendment is to secure the Anthony, Ferry, Jones of N eva.da, Sharon, admission, free of duty, of salt into this country to be used in curing Baldwin, Gordon, Kernan, Wallace, :fish. [Laughter.] It is remarkably strange that a journal as intel­ Blaine, Grover, Lamar, Whyte. ligent aa that could make that mistake. Salt to cure fish is free of Bruce, Hoar, Logan, Carpenter, Jonas, McDonald, duty to-day, and has been since the very distinguished Senator from Conkling, Jones of Florida, McPherson, Vermont [Mr. MORRILL] some yearsagoprepareda.nd had passed the present tariff law. So the motion was agreed to. .Some movement in the country looking toward the repea.l of the MESSAGE FROM THE HOUSE. duty on salt directed my attention to this matter some weeks ago, and A message from the House of Representatives, by Mr. GEORGE M. I made some inquiries, as was natural, perhaps, as to how the present ADAMS, its Clerk, announced that the House had passed the bill (H. tariff affected the people among whom I live, and what would be the R. No. 5626) making appropriations for the naval service for the fiscal effect upon their industries of t.he repe&l of the duty upon salt. I year ending June 30, 1881, and .for other purposes; in which it re­ found to my surprise-and I am almost -ashamed to confess it-that quested the concuqence of the Senate. in the State in which I live foreign salt is used very largely. In the The message also announced that the House had non-concurred in county adjoining that in which I live, during the thirteen months the first amendment of the Senate and had concurred in the second made up of all of the year 1879 and the first month of the current amendment of the Senate to the bill (H. R. No. 2787) making appro­ year, one single establishment used two hundred and forty-five car priations for fortifications and other works of defense, and for the loa-ds of foreign saltin curing meat. And pursuing the same inquiry armament thereof, for the fiscal year ending June 30, 1881, and for in other direction in my own State and elsewhere, I found this fact; other purposes. that a very large proportion, almost all of the meats cured in this ENROLLED BILLS SIGNED. country for exportation are cured with foreign salt ;- and it struck me The message further announced that the Speaker of the Honse had that it might be in the interest not only of the section of the country signed the following bill and joint resolutions; and they were there­ in hich I live but of the whole country to extend to men engaged upon signed by the Vice-President: in curing meats the same privilege and the same benefit, if it be a A bill (H. R. No. 5623) to authorize the Secretary of the Treasury benefit, that is enjoyed by those of our citizens who are engaged in to repair and extend the public building owned by the Government curing :fish ; and therefore I had the temerity, a.s perhaps it may be at Cleveland, Ohio; deemed, to propose to add to the bill of the House the amendment to A joint resolution (H. R. No. 189) legalizing the health ordinances which I have alluded, the sole purpose, the sole scope of which is to and regulations for the District of Columbia; and allow a rnfunding to the men who export to foreign countries meats A joint resolution (S. R. No. 91) to print the eulogies delivered in cured in this country with foreign salt the amount of duty paid upon the Senate and House of Representatives. upon the late George S. such sa.lt. That is all. Houston, a Senator from the State of Alabama. !think I am right, Mr. President, in that, and it is a habit of mino when I think I am right to stick to what I believe to be right. DUTY ON CLASSICAL ANTIQUITIES. Now let me state why I proposed this amendment to this bill. We Mr. KIRKWOOD. I ask to take from the table the memorial of all know perfectly well that all matters affecting the raising of rev­ the Numismatic and Archreological Society of the city of New York enue must originate in the other House, and that the Senate can only relative to the bill which provides for the admission of classical have the privilege of affecting the revenue laws by amendments to antiquities free of duty.· I wish to submit a few remarks upon it. bills that come from there here. I happened to notice that this bill The VICE-PRESIDENT. The Senator from Iowa desires to sub­ WaB here; and therefore, fearing that I might not have anot]fer op­ mit a few remarks upon the memorial named by him, to which the portunity of doing what I propose to en9.eavor to do, I submitted Chair hears no objection. this amendment. Mr. KIRKWOOD. I would ha>e nothing to say in regard to this I do not know that by so doing I antagonize the bill that came from matter at all were it not for the fact that the gentlemen composing the House. I have already indicated my judgment that its purpose this society, who I have no doubt are very respectable and worthy is not to aid institutions that wish to gather these antiquities as gentlemen, have seen fit to refer to me by name in the memorial which matter of public instruction, but to a.id men who desire to engage in has been presented; and that makes it, in my judgment, proper that the sale of them or to aid those who as I before said to gratify their I should say a. few words. tastes wish to purchase them as objects of art and perhaps luxury 2676 CONGRESSIONAL RECORD-SENATE. APRIL 23,

without paying anything bo support t he revenue while doing so. I perfect confidence in him, but I believe it to be a wrong thing to think it is rather selfish in these gentlemen. They are, I apprehend, allow any bill to pass the Senate without reading. mostly men of wealth. The only duty levied upon these articles now Mr. MAXEY. Then I withdraw the request. I is the small duty of 10 per cent., while almost everything that enters The VICE-PRESIDENT. If there be no objection the amendments I into the daily necessary consumption of the people of the country is will be acted on as t.hey are reached in the reading of the bill, dis­ taxed much higher tlian that. • pensing wit.h their formal reading sepamtely. But, as I said, I do not know that I am disposed to antagonize spe­ Mr. EDMUNDS. Certainly. cially the bill that came from the House; but I cannot help believ­ Mr. ALLISON. Is it understood tha.t Senators who have a mend­ ing that it is a matter of much greater imp ort~ce to ~he people of ment s are required to offer t hem as we go along 'I I suggest that as this country to take off t he duty upon salt used m currng meats for we pass a paragraph if any Senator h as an amendment he offer it as exportation, while it would tend much more to build up the product­ we go along. ive interests of this country than it will to take off the duty upon Mr. MAXEY. I apprehend that every Senator has availed himself these objects of art, as they are called. of the notice which I gave the other day; but if any Senator wishes Having thus said what I desire to say, unless some Senator wishes an amendment incorporated, I have the authority of the committee to to say i;omething upcm the same subject I will withdraw the motion offer it as an amendment of the committee. I ma.de to take this memorial from the table. Mr. .ALLISON. I merely made my suggestion as a method of facil­ The VICE-PRESIDENT. The motion is withdrawn. The memo­ itating the consideration of the bill. rial lies on t he table. The VICE-PRESIDENT. That order will be observed, and the bill POST-ROUTE BILL. will be read. Mr. MAXEY. Mr. President, I ask unanimous consent of the Sen­ The Secretary proceeded to read the bill until he reached the first ate to take up the bill (H. R. No. 5524) to establish post-routes. It amendment of the Committee on Post-Offices and Post-Roads. is necessary for it to go back to the House with the amendments. Mr. MAXEY. 'l'ke amendments are all me1·ely the establishment of Mr. PLUMB. I have as much interest as the Senator from Texa.s in additional routes. I move that they be agreed to in gross. the passage of that bill, and it is proper it should pass at an early day, The VICE-PRESIDENT. They will be rea-d with the text of the but I have observed that in one way or another special things occupy bill and considered as agreed to as read, unless objection be made. that part of the day which bas been set apart for the Calendar, so The Secretary read the bill with the amendments proposed by the that we open up the general sea of debate and co11sideration of things Committee on Post-Offices and Post-Roads inserted in the text. other than the ordinary business of the Senate in the morning hour, Mr. PLUMB. In line 344, the name "Wasse" should be "Waco." without having lately done anything in regard to that part of the The VICE-PRESIDENT. That correction will be made. work of the Senate which has been reported by the committees or at Mr. PLUMB. At the close of the Ii.Et of routes for Kansas after line least without entering upon it under the ordinary rule. 383, I move to insert : There is a bill on the Calendar which stands at the head of the Cal­ From Lamar to Minneapolis. endar and in which the people of my State are very deeply and seri­ The amendment was agreed to. ously interested. I do no-t kn@w that it will lead to any debate, bat Mr. WILLIAMS. I ask the chairman of the committee if the route whether it sbttll or not, it is a bill which is very proper to be consid­ proposed from Owensboro' to Pine Bluffs is inserted 7 Are there any ered soo[!. I do not care to antagonize the post-route biU which the other amendments except those printed Y Senator from Texas has in charge, and if it is likely to pass in a few Mr. MAXEY. If the Senator will make out his amendment and give minutes I shall not interpose, but if it is not, I shall feel disposed to it to me, I will offer it as soon as the reading is through. call for the regular order. Mr. WILLIAMS. Perhaps my amendment is incorporated by the Mr. MAXEY. I have charge of the bill at the head of the Calen­ committee; I will ·look and see. dar to which the Senator refers, and am as much interested in it as Mr. MAXEY. In line 109, on page 5, I move to strike out the name anybody; but this is a bill which affects nearly every State in the of "Sutton" and insert "Sutter," under the bead of " California." Union; it is the annual post-route bill; no legislation whatever is con­ The amendment was agreed to. tained either in the original bill or in t.he amendme!lts, save the es­ Mr. MAXEY. I offer a number of amendments, to be inserted in tablishment of FOSt-rootes. their proper places. Mr. PADDOCK. I should like to inquire of the Senator what ob­ The VICE-PRESIDENT. The amendments will be inserted in their jection there will be to taking it up immediately after the expiration proper places and considered as agreed to. of the morning hour i Mr. CAMERON, of Wisconsin. I offer the amendment which I gave Mr. MAXEY. Because the unfinished business will then come up. notice of some days ago. Mter line 1075 I move to insert in the Wis­ If Senators prefer to have the post-route bill killed, I have nothing consin list : further to say. The Committee on Privileges and Elections have brought over as unfinished business the matter which came up yes­ From West Salem to Mindora. terday evening, and as soon as the morning hour is over that will come The amendment was agreed to. up, and I have no possible hope of passing this bill in time to send it The bill was ·reported to the Senate as amended, and the amend­ back to the House unless it is done in the morning hour. ments were concurred in. Mr. PADDOCK. Certainly no one will object to taking up the bill The amendments were ordered to be engrossed and the bill to be at the expiration of the morning hour. read a third time. Mr. PLUMB. I desire to call the attention of the Senator from The bill was read the third time, and passed. • Texas to an error which he fell into. The bill that I referred to is not SMITHSONIAN REPORT. the or.:.e whichisnominallyattheheadof th.eCalendar, butonewhich by an arrangement made some weeks ago was to stand as at the head Mr. HAMLIN. I submit a motion that a message be sent to the of the Calendar-the bill (H. R. No. 2326) for the relief of the settlers House of Representatives requesting the return to the Senate of the upon Osage trust and diminished-reserve lands in Kansas, and for resolution providing for the printing of the report of the Smithsonian other purposes. It is a matter of not only great importance, but of Institution, upon which I entered a motion to reconsider this morn­ great immediate importance, and one that has been a longtime before ing. the Senate. It is a Honse bill passed at the extra session. Of course The VICE-PRESIDENT. The Ch.air hears no objection, and such if I felt that the post-route bill could be passed immediately, I would a message will be sent to the House of Representatives. not insist on the regular order; but I have sat here a week waiting HOUSE BILL REFERRED. :first for one thing and then another to be ta.ken up in the morning The bill (H. R. No. 5626) making appropriations for the naval serv­ hour, and the morning hour has been thus exhausted. ice for the fiscal year ending June 30, 1881, and for other purposes, The VICE-PRESIDENT. The Senator from Texas moves that the was read twice by its title, and referred to the Committee on Appro­ pending order, being the consideration of the Calendar of General priations. Orders under the Anthony rule, so called, be postponed, indicating his FORTIFICATION APPROPRIATION BILL. purpose if that motion be successful to move to take up the annual The VICE-PRESIDENT laid before the Senate the action of the post-route bill. The question is on the motion of the Senator from Honse of Representatives upon the Senate amendments to the bill (H. Texas. R. No. 2787) making appropriations for fortifications and other works The motion was agreed to. of defense and for the armament thereof for the fiscal year ending The VICE-PRESIDENT. The Senator from Texas now moves to June 30, 1881, and for other purposes, the House having non-con­ take up the annual post-route bill. curred in the :first and cencurred in the second amendment. The motion was agreed to; and the Senate, as in Committee of the Mr. WITHERS. I move that the Senate recede from its amend­ Whole, proceeded to consider the bill (H. R. No. 5524) to establish ment which has been non-concurred in by the House. There is only post-routes. one matter of difference and that is not particularly material to the Mr. MAXEY. In order to save time, I will state that the bill seeks bill. I move that the Senate recede from its first amendment, which no legislation whatever, either in the original bill or the amendments, has been non-concurred in by the House. save the establishment of post-routes. I therefore do not see any The motion was agreed to. good result to be attained by simply reading names over; and in or­ der to expedite time I ask unanimous consent that the reading be SENATOR FROM LOUISIANA. dispensed with. The VICE-PRESIDENT. The Senate proceeds to the consideration Mr. EDMUNDS. I have not the slightest doubt of the correctnese of its unfinished business, being the resolutions declaring that WILL­ of the statement of my friend from Texas, who knows that I have a IAM P. KELLOGG was not elected and that Henry M. Spofford was 1880. VaoNGRESSIONAL RECORD- SENATE. 2677 ~ elected United States Senator from the State of Louisiana for the term these was allotted the work it is to perform, and each has its appro­ beginning March 4, 1877. priate functions. The Chief Clerk read the resoiutions, as follows: .All legislativepower­ 1. :Resolved, Tha.t, acbordingto the evidence now known to the Senate, WILLIAM Says the Constitution- P. KELLOGG was not chosen by the Legislature of Louisiana to the seat in the Sen­ ate for the term beginning on the 4th day of March, 1877, and is not entitled to sit herein granted shall be vested in a Congress which shall consist of a Senate and in the same. House of Representatives. 2. lluoZved, Tbat Henry M. Spofford was chosen by the Le¢slature of Louisiana. And again it provides: to the seat in the Senate for the term beginning on the 4th of March, 1877, and that The judicial power of the United States shall be vested in one Sui;ireme Court, ho be admitted to the same on taking the oath prescribed by law. ~~.such inferior courts as the Congress may from time to time ordain and estab- Mr. BAILEY. Mr. President, the credentials of WILLIAM PITT KEL­ LOGG as Senator from the State of Louisiana for the term of six years By another section one exception is made, if indeed it be an excep­ beginning the 4th day of March, 1877, and signed by Stephen B. Pack­ tion, t o this grant of judicial power. Great officers of state may be ard, who claimed to be the governor of the State, were presented t o impeached by the House of Representatives for high crimes and mis­ the Senate on the 20th January, 1877. On the 4th of March of the demeanors, for crimes affecting the public welfare, for crimes con­ same year Mr. KELLOGG applied to be sworn in, but the Senate then nected with the administration of affairs, and, perhaps, for crimes refused to admit him. In the month of October the credentials of that prove them unworthy to fill great political stations. If thus Henry M. Spofford, claiming the same seat, ancl signed by P. B. Nich­ in;l.»6ached the Senate has the sole power to try them, and when sit­ olls, then actually governor of the State, were presented. ting for that purpose as a court Senators shall be " on oath or affirma­ These credentials were referred by the Senate to its Committee on tion." The punishment is political, and political only. It can extend Privileges and Elections, and on_the 26th day of November, 1877, a only to "removal from office and disqualification to hold and enjoy majority of the committee reported that on the mArits of the case any office of trust or profit un

recommended. by inherent propriety :tnd a just regard to the object always stands as its own justification. Bad men may seek to pervert to be reached. They must help, not hinder, the attainment of jus­ it to a bad use, but good men will al ways be found to vindicate the tice and compliance with every constitutional obligation. principles upon which it rests and strip away every disguise from the Nor is there any reason why this rule of res adjudicata shall be motives of those who dare profane it. transplanted from another forum and made to take root here. But have we any precedents to instruct us in our deliberations or Natural justice makes no demand for its n.doption. That requh'es guide us in our action¥ After a good deal of research I have not justice to be done even after the delay of repeated litigation. It been able to find one that presents the very case before us, or that seeks to reach the real merits of every controversy, and with stern in the principles settled can be considered as fairly axpressing the resolve l!'edress every wrong. But inasmuch as human reason is im­ opinions of our predecessors upon the questions now to be determined. perfect the testimony on which it relies is often misleading, and its Only three cases can be found in our legislative annals where the methods of investigation are defective, and as in the lapse of time action of either House of Congress in seating members after exami­ the memory of facts becomes obscured, courts of judicature in the ordi­ nation in solemn form by a. committee has been called in question. nary course of their business for the good of society, as well as their Nor is it strange that the number of such cases is so small. Inquiries own protection, adopted the maxim quoted and formulated it into into the election of Senators and Representatives have been maue an ordinance of administration. usually with great care. Every fact has been brought to light Experience, however, soon demonstrated that injustice and wrong through the diligence of the contestants, and every question of law were often the result of the application of the rule, and the ~urts involved has. been thoroughly discussed by some of the very able without abandoning the rule itself were compelled to invent methods lawyers and statesmen at all times to be found in Congress. The of relief, and the Legislature has given them willing assistance. contestants have been satisfied by the judgments pronounced, or Hence we have in courts of law retrials and writs:.of error, and in else, owing to the temper of party majorities, they have been . con­ courts of equity rehearings and b~ of review supplemented by stat­ vinced that further contest would be useless. utes in proper cases granting appeals, and appeals in the nature of The earliest case arose in the Honse of Representatives in the year .. writs of error. All these methods of relief are in daily use to escape 1837. Gholson and Claiborne had been elected to the House from the the grinding effects of a rule which it is proposed to import into a State of Mississippi, at an election helcl under an order from the gov­ legislati'Ve body acting upon a question purely and simply political. ernor of that State, to serve at a special session of Congress, con­ And yet itis not proposed to bring with itthe methods bywhich the vened by proclamation of President Van Buren. The credentials of harshness of its effect may often be avoided. these gentlemen were referred to a committee who after an investi­ If the matter under consideration was one that affected only the gation made a report. The House declared them to have been duly rights of Mr. KELLOGG and Mr. Spofford there would be much force elected and entitled to hold their seats for the two years prescribed in the argument favoring the adoption of the role. If this was a by the Constitution as the term of office for members of that body. controversy as to which of the two gentlemen Ahould enjoy the emol­ They were admitted and sworn. At the regular session of Congress, uments and be entitled to the dignity and honor of a seat in the beginning the first Monday in December of the same year, Messrs. Senate of the United States, the Senate might well say, indeed, hav­ Prentiss and Ward, who had been elected at the time prescribed by ing regard to the gravity of its duties and its responsibilities to the the general law, appeared and claimed the seats. The whole subject public, it should say : "It does not comport with the dignity of this was again referred to a committee which made a report. It was con­ body or with the public interests that the controversy shall be pro­ tended in behalf of Gholson and Claiborne, as is contended here, that longed." The Senate should dismiss the application and proceed to the whole question had once been submitted to the House for its judg­ perform other ancl more important duties. This is not such a contro­ ment, that judgment had been pronounced after a full considera­ versy; it is one in which the State of Louisiana and the whole people tion, and the matter was 1·es adjudicata. But the House refused to rec­ of the United States are interested. It involves grave questions of ognize the validity of the plea, and held that notwithstanding the poblic and constitutional law and reaches to the very foundations on former judgment its power again to consider and determine the ques­ which our frame of government rests. It involves the relations of tion was plenary. It rescinded the former judgment and ejected Clai­ the States of this Union to the National Government; the rights of borne and -Gholson from their seats. Prentiss and Ward, however, the States and of the people of all the States. were not admitted; the people were required to have another elec- One of the States appears at the bar of the Senate and demands tion. · • · that her constitutional right to representation shall be respected. The next case in our legislative history came up in the Senate from She says that by mistake or fraud or a wrong decision one has been the State of Indiana in 1857. Messrs. Bright and Fitch, claiming to admitted here as her representative who in fact is not her representa­ have been chosen Senators by the Legislature of that State, presented tive, and demands redress. She says that she is prepared to demonstrate their credentials, which were referred to a committee. The com­ the fact to the satisfaction of the Senate and the whole country. But mittee reported that they had been duly elected, and the Senate so de­ to this earnest appeal it is proposed to reply : What you say may be clared. Two years thereafter a memorial was presented from the true. The one you have chosen may have been rejected ; another Legislature of the State protesting against the former judgment, ask­ person, a stranger and an alien to your confidence may occupy the seat ing that it should be reversed and that two other gentlemen chosen prepared by the Constitution for your own accredited representative; by that Legislature should be admitted as Senators. Again the iUb­ he may have mounted to this great position by fraud, by deceit, by ject was referred to a committee, which reported that every fact then our own mistake, but we cannot revise or reverse our action. We are presented and every question of law then raised had been presented fettered by a rule borrowed for the occasion from another tribunal, and raised upon the former hearing, and upon the recommendation and the whole matter is res adjttdicata. of the committee the Senate voted that the case was res adjudicata, Mr. President, such a reply is a denial to the State of a right guar­ that the former judgment was final, and concluded the parties, the anteed to her by the Constitution. The right cannot be questioned. State of Indiana, and the whole world. No statesman. or jurist in this broad land has ever questioned it. No It appears that there was no question abwut conflicting govern­ one ever will. Has the former action of the Senate annulled it f ments in the State. The Legislature that elected Bright and Fitch Can that action annul it f Has the right been merged in a former was conceded on all sides to have been the legally organized Legis­ judgment, or hidden out of sight so that it cannot be discovered f lature of the State. The only matter in controversy related to the Not at all. It is a constitutional right, and continues until satisfied. regularity and lawfulness of the manner of the election. The vote It can be satisfied only by recognition. It continues from day to day, stood thirty in favor of the report to fifteen against it. But in the from month to month, from year to year. It speaks to-day in tones minority stood the late Senator Chandler, Mr. Collamer of Vermont, as earnest and in voice as exacting as it did two years ago. A wrong Mr. Douglas of Illinois, Mr. Fessenden of Maine, Mr. H.AJ.'11.IN, now a judgment of the Senate cannot hush it into silence, nor can the plea Senator, Mr. Seward of New York, Mr. Trumbull of Illinois, and Mr. of 1·es adjudicata be accepted as its fulfillment. Wilson, afterward Vice-President of the United States. These gen­ To give such an effect to the plea places the Senate above the Con­ tlemen held to the same opinions that I advocate to-day in regard to stitution, and makes it the constituent instead of the Legislature of the validity of the plea interposed. '!'hey were persons of the great­ the State. Such an answer declares that although the former judg­ est reputation, and their opinions are entitled to great weight. Their ment may have been the result of a conspiracy, or fraud, or mistake, arguments furnish much of the reasoning advanced herfl to-day. now patent to all the world, yet its effect is binding and conclusive. Again the question was presented to the Senate in theyear1874 in a It declares that the State may be robbed of its- right, its constitu­ contest between Spencer and Sykes, each of whom claimed to have tional right, to representation, not because of any fault or error of been chosen by the lawful Legislature of the State of Alabama. In that its own, but because somebody else has been in fault, or has been State, as in Louisiana, two bodies were organized and claimed to be imposed upon. Such a doctrine is monstrous. Its only foundation the lawful Legislature. One of these bodies chose Spencer; the other is t9e desire to exalt the dignity and value of the judgment of this chose Sykes. Both gentlemen appeared here and claimed the seat. body and escape the duty to· perform a constitutional obligation. Their credentials, according to the rules, were referred to a commit­ Nor can the failure to perform this obligation be excused on the tee, a majority of which reported in favor of Spencer. The Senate, miserable plea that there is danger in the precedent. If Mr. KEL­ by a party majority sustained the report, and Spencer was sworn in. LOGG was duly elected by the true and lawful Legislature of Louisi­ Afterward the Legisiaturememorialized the Senata, protesting against ana we should be eager to confirm him in possession of bis seat and its former action, and again the question was sent to committee. A repel every effort to remove him. On the other hand, if Mr. Spofford majority of the committee reported that the former judgment of the has been elected by the true and legal Legislature, we should make Senate was conclusive, but the Senate never voted or acted upon the haste to admit· him to this body. Absolute justice requires this to be report, or the resolution that accompanied it. done. The Constitution requires it. A wrong decision. is always a It thus appears that the general question as to the force and effect dangerous one, and may become a ba.d precedent; but a right decision to be given to the judgment of a legislative body in deciding upon 1880. CONGRESSIONAL RECORD-SENATE. 2679 the election of one of its members has once been settled by the Senate have no other country. Here we were born; here we expect to live; and once by the Honse of Representatives, and that the two decisions here to die, and here will be the homes of the children who are to suc­ are directly antagonistic. ceed us. The great-hearted people instinctively have seized and rec­ The Senate has affirmed that the judgment is conclusive; the House ognized these truths. Gifted with a profound insight as to the char­ has refused to be thus bound. acter of our institutions, denied by some mysterious freak of nature The proposition that such a judgment is to have the same force and to many of their public men, they have welcomed us back to the effect as the decree of a judicial tribunal settling a question of private Union, not to follow blindly the opinions of others, nor to register in right, to my mind, borders upon absurdity. Yet I will agree that if this council-chamber their edicts, but to take part in its deliberations there had been such a line of decisions extending through a course of and assist in the conduct of affairs. They expect us, and have the years, I would not only doubt the correctness of my own opinion but right to expect us, to exercise independent thought and to speak what would accept these decisions aa part of our parliamentary law. Ac­ we believe to be truth, being responsible, as are all the servants of cepting them as parliamentary law, I would upholdandroaintain them. the people, to an enlightened public opinion. But we have no such line of decisions. As we have seen, but two cases Therefore we appeal to the intelligent judgment of our fellow-cit­ have been decided. When we examine into the facts we. find that izens throughout these States, and submit to them the reasons fpr neither of them is like the one under consideration. In the Indiana our action. If it shall be found that we have been led by party case the Legislature that elected Bright and Fitch was acknowledged spirit or controlled by unworthy motives to do injustice and violate by everybody to have been the only true and lawful Legislature of the sacred obligations under which we rest to uphold in all its purity the State. No other body of men opposed its claim. The question the Constitution that gathers us here together, then npon us will be presented was whether that Legislature had proceeded in a regular visited, and justly, the severest condemnation. manner to the election of Senators. The Senate held that the manner Let us then inquire whether the State of Louisiana bas been de­ of election was proper and that Bright and Fitch had been duly elected, prived of its rightful representation here. that is conformably to law, by the only organized political society in The Constitution, article 1, section 3, declares that- the State of Indiana. Having once settled a question, relating only The Senate of the.United States shall be composed of two Senato!IS from each "to manner," the Senate declined to reverse its decision. So in the State, chosen by the Legislature thereof. Mississippi case the regularity of the election only was involved. The Th is clause is the very basis of our F.ederal U uion. It is known not House, however, did "rescind" its former judgment. only to you, Senators, but also to the whole people, that the adoption The case before us is altogether nifferent. No question as to form of the Constitution hinged upon these few words. States, equal in or manner is presented. We affirm that the State is denied repre­ dignity, equal in authority, equal in the prine of sovereignty, were sentation and that the plea, if sustained, will retain in the Senate represented by delegates in the convention at Philadelphia. The one who represents no government and was elected by a body that desire for a more perfect Union than existed under the confederation was not a legislature, has never been recognized as a legislature by prompted them to meet in this great council. Each of them desired' any authority State or national, and was no better than a mob. If not ouly to retain U.s autonomy but also its equal voice and equal the plea shall be sustained, Mr. KELLOGG·will owe his election to the share in all the deliberations and a-0ts of the Government to be cre­ Senate, and not to the Legislature, as many of his a-0.herents owed ated. Earnest ~nd angry debate arose upon this question. The dif­ their election not to the people, but to returning boards. ferences came near defeating the whole scheme, but at last the smaller If we shall fail to establish the marked differences between this States, yielding the question of representation according to numbers case and the one referred to, if we shall fail to show that the Legis­ in the House of Representatives, demanded that they should have lature that elected Mr. Spofford was the true and lawful Legislature equal representation in this body-that Delaware, with its single Rep­ of the State, tho only body that could-we go further and say the resentative, should here be equal in position, in power, and influence only body that did-exercise legislative power in Louisiana, then un­ to New York with its thirty-five, and this was agreed upon. questionably Mr. KELLOGG is entitled to the seat and Spofford should In the one body the people, as such, were to have representation, but be repelled. here the States. Two Senators were to be chosen from eri.ch State by The issue is plain; it is distinct; everybody can understand it. It the Legislature thereof. Senators thus chosen, and no others, were to is stripped of all maxims and all pleas. It is a question of fact and be admitted. They were to repres~nt the people in their organized Qf constitutional law. The underlying principles involved are easy capacity as a political society, or, in other words, the government of of comprehension; the dullest mind can understand them. Such an the States. They were to represent a government republican in form, issue is suited to the genius of our people. I invite their candid at- with all the departments necessary to the protection " of life, liberty, tention. • ahd property;" with an executive, a judiciary, and a legislature. But I beg not to be misunderstood. I do not assert that the Sen­ Such a State -is entitled to representation in the Senate. This right ate rests under the obligation to reconsider and rehear every case of cannot be denied. It is a constitutional right. It is not a right which a contested election that may be brought to its notice. This supreme has existed only in the past, or exists only for this day; it is a con­ and final arbiter in the settlement of every question that may arise tinuing right, one that can never be taken away, for with so much as to its organization and its constituent parts should exercise a jealousy was it regarded, and of such transcendent importa!lce, that sound discretion and be guided by enlightened conscience. It should it is excepted from the constitutional power of amendment. The not for light or trivial reasons set aside its deliberate judgment, nor in State of Louisiana from the day it was admitted into the Union has cases of doubtful right. When the power of reconsideration is invoked possessed this right, and will continue to possess it as long as her Fed­ for such cases it may well say, ''No; the matter has been fully and eral relaiions shall continue undisturbed. fairly considered; judgment has been pronounced upon an intelligent And Senators to represent this organized political society must be view of all the fa.cte and of every question of law. No good reason chosen by" the Legislature thereof." The Legislature of no other is shown why there shall be another investigation, another argument, State, Ilor of all the States, can make the choice. The governor of and another decision. The case has been adjudged, and there it shall Louisiana, the judiciary, and the people-cannot; the Senate of the rest." United States cannot; the law-making power, that which is actually On the other hand, when it' is manifest that a former judgment and truly the recognized Legislature, and no other, can make the chQice. was made upon a mistake of facts; that the Senate was imposed upon No body pretending to the authority of a legislature can choose a Sen­ by artifice or fraud or had reached a conclusion clearly and mani­ ator. Whatever ,may be the forms under which it may have organ­ festly wrong and in violation of the constitutional rights of one of ized, however p1ausib1e may be its pretensions, if it be wanting in the the States of the Union, then there rests upon the Senate a duty one vital quality of being thelaw-makingpower of the State, its ac­ which it should hasten to perform; the duty to correct the judgment, to tion in respect to the choice of a Senator cannot be reco~nized. rectify the wrong, a.nd restore to the State rights of which it has been Has that choice been made Y Has the Legislature, the aw-making unjustly deprived. Will not all agree to this 'l Will any person here in power of Louisiana, exercised this power conferred upon it by the Con­ this presence cleny the obligation f Will any one go before the Amer­ stitQtion 'l Has it chosen a Senator to take his place here as the guard­ ican people and say that a State may be deprived of its just representa­ ian of the interests of the State and it.a people, and, in conjunction tion by a judgment not in harmony with the Constitution 'f Will any with Senators from other States, to make laws for the nation, to shape Senator by making false issues or by appealS to sectional differences its policies, and provide for the general welfare¥ endeavor to hide away the true question to be settled 'I I fear, Mr. It is known that two rival bodies claimed to be the Le~islature of President-and the history of the past ten years does not quiet my ap­ the State; each contended that it had been elected accordmg to law; prehensions; the report of the minority of the committee, sustained each attempted an organization; each went through the form of choos­ by no fact, but dealing in menaces, gives additional ground to fear- ing a Senator to represent the State in this place. The persons thus tbat such will be the course taken to-day. · chosen are before us to-day. Who is entitled t.o the seat f Warning has been given that the action of Senators from the States The Constitution of the United States has not created a tribunal, engaged in the rnbellion will be subjected to the severest criticism. nor has it authorized any department of Government to settle a con­ We have been told in effect that we are expected to maintain the troversy such as arose in Louisiana. It is tru~ the Constitution makes claim of Mr. KELLOGG, or else to be considered false to duty, disloyal it the duty of the Government of the United States on the application to the Government, and unworthy of the generous confidence re­ of the Legislature, or ai the executive, (when the Legislature cannot posed in us by the great body of the people of the Nor th. We recog­ be convened,) to protect each State against domestic violence, and nize the obligation which that confidence imposes. Patriotism, honor, Congrnss to carry out this provision has authorized the President to self-interest, every motivo that can control the actions of men, unite employ the la.ad and naval forces of the United States, and if neces­ in constraining ns to faithfrt1ly keep " our vows," to uphold the Con­ sary to call out the militia. But this is intended as a. protection to stitution and laws, and do all that men can do to promote the glory the lawful government and people of the State. Where this power and prosperity, the peace and happiness of our common country. We is invoked the duty may be cast upon the President in giving direc- 2680 CONGRESSIONAL RECORD-SEN.ATE. APRIL 23, tions for the employment of the land and naval forces to decide be­ Now, has this question been presq,µted to the State of Louisiana, tween conflicting claims of rival governments. His decision may be and has the State decided itY right or it may be wrong. Congress can interfere ancl reverse his In January, 1877, there were two claimants of the office of gov­ decision. ernor and two rival bodies claiming to be the Legislature of the State. But although this power was invoked by Governor Packard, one One of these bodies declared that Nicholls had beeu elected governor of the claimants of the office of governor, and also by what is known by the people, and inducted him into office. The other declared that as the Packard legislature, the President did not interfere, nor did Packard had been elected, and went through the form of his inaugu­ he undertake to settle the dispute. General Grant, and after him ration. All recognized the same constitution and professed obedience President Hayes, taking precautions to prevent any actual outbreak, to the same laws. left the whole controversy to be settled by the State of Louisiana. The Packard legislature assembled at the State-h0use. The doors Congress was then in session, but by neither body was any act done and entrances to the building were barricaded. Armed policemen to looking to a settlement. Congress left the State to decide which was the number of hundreds stood ready to prevent the people of the its lawful government. State from crossing the threshold. A detachment of United St.ates So also the Senate of the United States, as an incident to its power troops was stationed close by to protect the inmates. For weeks and duty to judge of the election, qualifications, and returns of its this body occupied this stronghold, eating, sleeping, and living within members, may have jurisdiction to determine, in the absence of any its walls. Beyond the lines of their fortification they possessed no other authoritative decision, which of two bodies claiming legislative authority. Once and once only during their brief existence as a leg­ power and sending Senators to represent the State here is t'he true islative body they attempted to enforce an a.ct of legislation beyond and legal Legislature. But the right to make such a decision is only the portals of their prison-house. But their agents were arrested by an incident to another right, a necessary step to the performance of the strong arm of the law invoked by their rivals, and the endeavor n. duty, and cannot be exercised contrary to facts or contrary to the failed. They went through the form of directing warrants to be issued decision of that tribunal which is at last the supreme arbiter. upon the treasury in settlement for their services as legislators, and The Senate hesitat.ed to perform this delicate task of deciding be­ these remain unpaid to this day. They chose two Senators to repre­ tween the rival governments, for it appears from its Journal that Mr. sent the State in the Senate of the United States, and their work was KELLoGG, who bad been chosen by the Packard legislature, pre­ ended. One by one they stole a.way, and those among thern who had sented his credentials,andon the4thMarch, 1877, offering to take the been truly elected by the people joined the Nicholls legislature. There oaths prescribed by law, asked to be seated. His application, how­ they renewed their oaths to support the constitution of the State, ever, was refused, and the credentials were sent to a committee. acknowledged that their first attempt at organization was a sham We have thus seen that neither the President, nor Congress, nor the and a fraud, and joined with the other body in electing Mr. Spofford Senate decided between these rival bodies. What authority then to the seat in the Senate which he now claims. could settle and settle conclusively which was the legal and true Leg­ In all our history no more glaring attempt has been made by fraud islature' I answer, the State herself. and deceit to cheat the people of their just rights and impose upon No one will contend that any authority acting under the Constitu­ them a government contrary to their choice. In 1872 in the same tion did settle the question, nor indeed, except for the purposes and State the people had elected .McEnery to be their governor and a dem­ under the conditions that I have named, that the Constitution inter­ ocratic Legislature. Mr. KELLOGG had been the republican candidate feres with or pretends to interfere with this just and absolute power and claimed the executive office for himself and that a majority of of the State. his candidates had been elected to the Legislature. He applied to a If the State bas settled the question, and settled it finally and irrev­ drunken judge of one of the courts of the United States to assist him ocably, what power or authority or jurisdiction can reverse or annul in gaining possession of power. The process of the court was freely its decision T The President cannot do it; Congress cannot do it; the issued, and the President of the United Stateti, misled no doubt by the Senate cannot. From its action there is no appeal. advice of his law officer, lent the great power of this Government and .Arguing the Rhode Island case of Luther vs. Borden, Mr. Webster its military arm to the recognition and maintenance of the orders and truly said: decrees of the court. The people were defrauded n.nd Mr. KELLOGG The decision of Rhode Island by her Legislature, by her executive, by adjudi­ and his legislature were firmly seated in authority. cation of her hi11:hest court, has shut up the whole case. Do you propose-I will Again, in 1874 the people bad elected a majority of the le~islators not put it in that form-but would it be proper for this court to reverse their ad­ in opposition to Governor KELLOGG'S party. But the minonty, with judication ~ That declares that the people of Rhode Island knew nothing of her the help of the military forces of the Government, succeeded in effect­ "people's constitution." Is it possible for the court to know anything about ft¥ It seems to me that if there were nothing else in the case the proceedings of Rhode ing an organization, and the singular spectacle was presented of an Island herself must stop every mouth in the court and out of it. Rhode Island is officer wearing the uniform of the United States purging a State Leg­ compet.ent w decide the question he:rsdf, and everybody else is bound by her decision.­ islature and driving from it those who had been elected by the people. Works, volume 6, page 239. Having twice succeeded by force and fraud in defeating the will of And Mr. Morton, of Indiana, expressed in stronger and more elab­ the people as expressed at the ballot~box, and wishing to gain a place orate phrase the same opinion in a report upon the contest for a seat here, Mr. KELLOGG made a third attempt to organize by fraud another in this body between Ray and McMillin, from Louisiana., in the year legislative body, which, as we have seen, maintained a sickly exist­ 1873. His words are : ence and then perished from want of vital force. Public attention The Constitution says that the Senate of the United States shall consist of two had been drawn to the consideration of affairs in Louisiana. An intel­ Senators from each State, chosen by the Legislaturo thereof for six years. The ligent public opinion expressed, in language fierce with indignation, manner of constituting the Legislature is left absolutely to each State, and the its sense of the wrongs that had been done to the people of that un­ question of its organization mUBt be left to be decided by such tribunals or regu­ happy State, and the President wisely left it to settle its own affairs. lations as are provided by the constitution and laws of the State, and the only question about which the Senate may inquiro in determining the admission of The Packard legislature quietly separated. No act done by it now Senators is whether they ha>e been chosen by the Le!!'islaturo of the State, that has, or ever had, any authority in the State, or baa been recognized legislature recounized by the Stat.e or whose organization flas been recogniud by other by any department of government, SJ;ate or national. The man whom departments of the Stat.e governmi!nt. Under our complex: system of government it inaugurated as governor went abroad, and there holde an office from all questions of State governments under their own laws must be left to the decis­ ion of theStatotribunalscreatedfortbat purpose and when such decisions have been the Federal Government. The only place in America where life or made they must be accepted by the Government of tho United States in their deal­ vigor has been given to any act of that Legislature is here in this inns with such States. It is no answer to this to say thatin a particular case such Chamber. Here it is gravely said that that body was the Legisla­ triounals will or have decided wrongfully. The Government of the United States ture of the State of Louisiana.. has no right to reverse their decision so long as the State possesses a government repnblica.n;n its form. But let us look for a moment at the other body-the Nicholls leg­ islature. It assembled at the time required by the constitution and This is the deliberately recorded opinion of one of the great leaders laws ; it was duly organized, and inducted into office the person of the republican party, and a great leader in this Chamber. And elected as chief executive. Strong in the affections and confidence who can by logic or reason disturb the solid foundation of this opin­ of the people, it sat with open doors, and to its chambers all were ion? It is based upon constitutional and public law. It has its con­ invited. It proceeded with all the gravity of earnest conviction and ception in the fundamental truth that these States are and must be with the consciousness of lawful authority to the business of legis­ self-governing as to all matters and all questions not delegated by lation. It was recognized by the people, by the courts, and by all the the people to the Government of the United States; that they have civil officers of the State. It levied and collected taxes; it created the right and power at any time to alter, amend, or change their own courts whose jurisdiction has never been questioned, and which are governments, to administer their own affairs, to provide for every to-day open to suitors for the enforcement of rights and the redress department of State administration, to call an executive, a legisla­ of wrongs. It enacted. laws that are enforced by courts, State and ture, a judiciary into being, to determine how all questions of con­ Federal. troverted authority shall be settled, and pass upon every conflict be­ Under the authority of the Nicholls government the people of Lou­ tween different department.a and every conflict between rival claim­ isiana have lived in peace and quiet now since January, 1877. Every ants to any authority. The methods by which this shall be done department of that government is in active being, performing every ca.nnot be reviewed or reversed by any tribunal. The only inquiry duty and discharging every proper function. Under laws enacted by that can be made is, What bas the State decided-how bas the State its legislature senators and representatives to the State Legislature decided f are elected, and members of the Federal Honse of Representatives. The decision may have been unwise; it may have been made, to The lawful successor to the Nicholls legislature chose a Senator to this use Mr. Morton's expression, ''wrongfully,'' but, as he has put it- body whose credentials bore the broad seal of the State of Louisi­ The Government of the United States has no right to review their decisions so ana affixed by Governor Nicholls. ' long as the State possesses a government republican in its form. Who can, then, question the acts of the Nicholls legislature f '.fhe 1880. CONGRESSIONAL RECORD-SENATE. 2681

President cannot; Congress caIJll)ot. Who can question the lawful­ Mr. KELLOGG. Will the Senator allow me one moment to correct ness of the Nicholls government? If Packard were to return to Lou­ himf isiana and incite the people to domestic violence, could the President ?\Ir. BAIL.EY. I prefer not to be interrupted. or Congress refuse to Governor Nicholls or his legislature the assist­ Mr. KELLOGG. The Senator has fallen into so gross an error that ance guaranteed by the Constitution on the ground that he is not the I should like to correct him. lawful governor of the State 7 If such a call had been made two 1\Ir. BAILEY. If I have fallen int-0 an error the Senator will have years ago by the legislature that elected J\.Ir. Spofford, could the appeal ample opportunity to correct it. I cannot stop to take notice of every have been neglected Y No Senator is bold enough to answer affi.rma­ matter, and if in some unimportant particular there may be a mistake tively; and why V Because the State of Louisiana has settled all it can be corrected hereafter, and no one will more cheerfully join in these questions for herself. She has decided that Nicholls was her making that correction than myself. lawful governor, and that the Nicholls legislature was the lawful Mr. KELLOGG. No doubt of it. LegiRlature. She enforces laws placed upon the statute-book before Mr. BAILEY. It will thus be seen that the whole election ma­ either of these claimants was chosen, and thus has settled that the chinery of the State was under the absolute control of the governor, Nicholls legisfature was from the beginning the only true legislature. and including registrars, commissioners of election, and policemen, The State- having thus settled the question, everybody else is con­ not less than two thousand eight hundred persons of his own party cluded. This, in the words of Mr. Webster," mlli!t stop _every mouth." and his own adherents were connected with it. To this number must The Senato is concluded like everybody else. Authority to judge be added fourteen hundred supervisors of election appointed by the of the election of a Senator does not confer authority to decide that United States court at New Orleans, two for each poll, and twenty­ to be a legislature which is not a legislature any more than it confers three hundred deputy marshals appointed by the marshal of the dis­ authority to decide that to be law which is not law. The Senate is trict, and upon the advice of the Attorney-General at Washington under the same obligation with the President and Congress to recog­ large detachments of the Army were scattered through the State as nize tho political organization tha.t the Constitution recognizes as the bystanders, to serve as a posse cornitatus, if the marshal should find State-that organization with which the Government has Federal use for them. · relations and which in virtue of those relations is entitled to repre­ In addition to this, the republican committee had sent to each reg­ sentation. Tho people of that organization have the right to repre­ istrar a statement showing the number of colored voters in his par­ sentation in the House of Representatives; and the Legislature which ish, urging that he should exert him.self to have their names regis­ is part of it, and no other body, can choose two persons to serve the tered, and bring them to the polls to vote the republican ticket, and State in tho Senate. The decision of the State, to use the words of stating that his claims to recognition for official Btation would depend Mr. Morton, may have been~' wrongful," but if the State has made the upon the fidelity with which he did this partisan work. But, not con­ decision that decision must be accepted as final, and "the Government tent with these preparations, within one week of the day of election, of the United State.s has no right to reverse" it as long as the State pos­ either by the instigation of the governor, or his party friends, and be sesses a government republican in form. to profit by the act, more than ten thousand warrants were issued out ' Upon this ground alone wo can safely rest the claim of Mr. Spofford of the circuit court at New Orleans for the arrest of citizens who were to the seat, for to this conclusion every impartial mind must come. alleged to have falsely registered as competent voters. In this num­ But we are not content to do so. We are prepared-to show, and the ber were included many of the oldest and most respectable citizens, documentary evidence within the reach of every Senator will estab­ and among them was a Representative in the Congress of the United lish that the Kellogg legislature did not derive its authority to as­ States. The affidavits upon which the warrants were issued were made semble as a legislative body from the people. Its only claim to by wholesale and by two policemen. Thirteen hundred of these cases authority rests upon the fraudulent acts of a returning board whose were tried before the day of election ancl the warrants dismissed, but crimes are known to the whole country. the remainder for want of time and for other reasons were not heard, I have referred briefly to the canvass in Louisiana in 1876. The and more than five thousand citizens wero excluded from the ballot­ people of that State, inspired with the hope of a change of adminis­ box. So palpable waa the fraud, that when the commissioner pre­ tration at the Federal city, and animated with the e~pectation of sented his bill for more than "15,000 for these services, Judge Billings, relief from the thralldom in which they had been held for so many of the circuit court of the United States, told him, "On the faco of years, put forth the most energetic efforts to gain a majority. These these papers there is a gross fraud, and I will not certify a cent." efforts were met with equal energy by Governor KELLOGG and his As an atonement, however, for this successful attempt to rob so associated band of adventurers. They were loath to yield the offices many thousands of white men of the ballot, t11;ey issued in the city of of dignity and honor, and the treasury which had fed and strength­ New Orleans to the blacks, whose total population was only fifty-seven ened them through a long period-of misrule, of license, and plunder. thousand, more than twenty-three thousand certificates of registra­ Promptly their forces were organized, unscrupulously they employed tion, upon each of which, owing to the shrewdly-contrived election every agency that arbitrary power, and cunningly devised machinery laws, a ballot could be cast. There were cases where the same person placed at their disposal. Confident of success, they laughed at the held half a dozen of these certificates, and could repeat his vote by despairing struggle of a once free but then subjugated people. They going from one polling-place to another. boldly proclaimed that they would come off victors1 for experience had But notwithstanding all this, and the willing aid given by the At­ taught them the value of their methods. But when the election was torney-General and Secretary of War, and although an army of more over it was discovered not only that Packard was beaten for governor, than seven thousand registrars, commissioners, constables, super­ but that a majority of the democratic candidates for senators and rep­ visors, and deputy marshals were scattered throughout the State t:esentatives bad been elected to the State Legislature. This was a under the pretense of preRerving the peace and guarding the purity \}ruel disappointment to Governor KELLoGG, who was a prospective of the ballot-box, the people of Louisiana decided against Governor candidate for a seat in the Senate of the United States. His life in KELLOGG and by a majority exceeding 8,000 in a popular vote of Louisiana bad been the life of an office-holder. He l.Jad been connected 160,000, the largest ever cast in the State and greater in proportion with politics and official station from the time he went there. Suc­ than almost any other State, elected a democrat to be governor and cess bad attended him in every effort, and he bad looked with confi­ a majority of democrats to the Legislature. dent expectation to a seat in this great council of the nation. The Profound peace reigned everywhere. The democrats had been de­ people now had decided against him, and it became necessary to resort prived of the fruits of victory in 1872 and 1874 under the pretense of again to the machinery provided by the election laws to enable a mi­ violence and intimidation. They had seen the cunningly-devised nority party to retain possession of power and control the great offices machinery of the returning board set at work upon more than one of State. This machinery had been used before, and its use and value occasion to fabricate returns that defeated the expressions of the bal­ were well known to the hordes of l>ad men who for so long a time had lot-box. They exhorted their friends in every ward and parish to rioted in the luxury of ill-gotten place. It had been denounced by use every effort to bring every voter to tho polls and to afford no congressional committees, who had published to the world the infamy shadow of excuse to charges of intimidation or violence. No such of its methods, but in the extremity to which they were reduced Gov­ peaceful election ha.d been known in Louisiana since reconstruction ernor KELLOGG and his associates did not hesitate to use it, and, as was inaugurated. No such peaceful election was seen in any one of will be shown, they used it with a boldness that almost concealed their the States of the Union. Although by the election laws it was the crime. Their purpose was strengthened by the ready counsel of others, duty of each of the registrars to report every act of intimidation and for it. so happened, and unfortunately for the oppressed people of Lou­ violence occurring during the progress of registration, and of every isiana, that its electoral vote would decide the result of a great na- commissioner of election to report similar misconduct on the day of tiooal oon~~ . • election and to send these reports with the compiled returns to the The election laws gave to the governor power to appoint a regis­ returning board within forty-eight hours of the close of the election, trar of voters for each of the fifty-seven parishes of t.he State and and although these registrars and in every instance two of the three eighteen wards of the city of New Orleans. These registrars appointed commissioners of election were republicans, yet such a report was three commissioners of election for each of the seven hundred poll­ made from only a. single parish, and that a report of r~publican ing-places, and besides were required to appoint one or more consta­ frauds. bles to keep the peace at each polling-place. The registrars had the The result was astounding; the defeat was crushing. In other ·com­ power to admit or reject the name of any voter. The law forbade munities the verdict of the people would have been accepted by even any court to interfero with the exercise of this power. In every in­ the most unscrupulous of partisans as a finality. The boldest among stance a repnblican was appointed to be registrar, and at least two of them would have shrunk from encountering an indignant and out­ the three commissioners of election were of the same party, as was raged public opinion, and would have stood abashed by traditional' true of the constables whose number was not limited. reverence for the sacredness of the ballot; but such traditions had ~82 CONGRESSIONAL RECORD-SENATE. APRIL " 23, been banished from Louisiana for almost a generation. The horde of cess in registering colored voters a,.Pd bringing them to t.be polls­ adventurers who had hastened to that political El Dorado bad so swears that he himself wrote three "5f these certificates. Other pens often been confronted by adverse ballots and so often by fraud, by were busy and other brains were fertile. A vast pile of such stuff the aid of returning boards, of Federal judges, and Federal power had waa heaped before the board. Its members worked with gleeful &J>irit, wrested victory from defeat, that they did not despair of success. The for the base work was well suited to their tastes and its results prom­ returning board was still in reserve. It was brought to · the front, ised great rewards-nor have they been disappointed in their reck­ and begun its subtle and destructive work. oning. When their labors were ended it was found they had more By the laws of the State this board was to be composed of five persons than met the e;x:pectations of their employers. The verdict of the chosen from all political parties. At the time its aid was invokeq people waa set aside. Packard, who had been beaten eight thousand its number was not full; four republicans, and they representing the votes, was declared to be governor-elect. Candidates for the senate worst elements in the republican party, were in charge. The demo­ and house of representatives who had been rejected by large majori­ crats, instructed by experience of their methods in the past, and re­ ties were announced as successful. membering that on other occasions they had not scrupled to exercise Three senators and ten representatives discarded at the polls were power without regard to truth or justice, earnestly insisted that a granted certificates. Hamlett and Blunt and Weber were returned :fifth member should be added, and, as the law required, belonging to as senators. Barringham and Brewster from Ouachita; Sheldon and the democratic party. But this reasonable and lawful request was Blair from Morehouse; Holt, Bird, and Lane, from West Baton Rouge; refused. It did not suit the purposes of the defeated and disappointed Johnson from De Soto; and Early and Swazie from West Foliciana, office-holders to have an impartial or unfriendly witness to their pro­ were returned as representatives, although all were beaten. Certifi­ ceedings. Thus, in defiance of the plain commands of the very law cates of election were given them, and on the lat of January, 1877, which brought the board into being, they begun the work mapped when by the constitution the Legislature was to assemble, these men out for them by their masters. appeared, claimed, and were admitted to seats. · This power of this board, although semi-judicial in its nature, was Thirty-six senators and one hundred and twenty represen tati ves com­ limited in extent; they had the power to examine the returns from pose the Legislature of the State, and by the constitution a quorum the different parishes, and it was made their duty to correct and tabu­ necessary for organization or the transaction of business consists of late the votes cast at each poll. To this general and plain rule there a majority in ea-0h body. In the Packard senate sixteen duly elected were two exceptions, and two only. · senators were present, and fifty-eight duly elected representatives. First. When the commissioners of elections at a poll certified that To those numbers were added the three senators and ten representar­ " on the day of the elect~on" there had been " any riot, tumult, acts of tives created by the act of the returning board; in each house an or­ violence, intimidation or disturbance, bribery or corrupt i.J;ifluences," ganization was effected, and Governor KELLOGG was notified of the " at or near" any poll or voting-place, preventing or tending to pre­ fact. On the day fixed by the act of Congress they began to vote for vent a fair, free; peaceable, or full vote. Senator to represent the State in the Senate. Two of the State sen­ Second. Where the registrars, whose work was to be completed nine .ators had deserted them, but a sufficient number of representatives days before the election, certified that any of the causes before re­ went into the joint convention to make a majority of the whole num-, cited, at or near the places of registration or revision. of registration, ber of both bodies. Mr. KELLOGG was thmi chosen, and this is the prevented or tended to pre.vent a fair, free, peaceable, and full regis- foundation of his claim to a seat here. tration of all the qualified voters of the parish. . Mr. President, I have endeavored to state with brevity the facts The law required the commissioners of election, where such riot, connected with the canvass in 1876 and its result; the action of the tumult, &c., prevailed on the day of election, to make, in duplicate returning board and the manner of organizing what is known as and under oath, a clear and full statement of all the facts relating the Packard legislature. The facts cannot be disputed. They are thereto, corrobomted under oath by three respectable citizens, q uali­ beyond controversy. I invite Senators who uphold the pretensions fied voters of.the parish. One of these duplicates was to be given to of Mr. KELLOGG to examine the facts and point out wherein they are the supervisor of registration, and by him was to be sent with his misstated. consolidated return to the returning board. But, sir, they will not undertake to meet the facts or to discuss this The supervisor of registration was required to make a like state­ matter upon its merits. They will endeavor to-day, as they have ment of riot, tumult, intimidation, &c., verified in like manner by the done in the past, to shelter this pretender to a seat in the Senate under oaths of three respectable citizens and qualified voters of the parish. the protecting edict of a returning boa.rd. They will claim, as was The law required the commissioners of election within twenty-four done on another memorable occasion, that nothing " aliunde" the rec­ hours after the closing of the polls to make out and deliver duplicate ord shall be heard, and ask the benefit of the plea res adjudicata. Ar­ returns of the election; one to the supervisor of registration and one gument upon the facts and plain expositions of constitutional law are to the clerk of the district coul'.t of the parish. answered by warnings to Senators from a particular section that they The supervisor of registration was required within twenty-four are upon trial before the American people, who will judge of the sin­ hours thereafter to consolidate the returns and to return them to the cerity of their vows of fidelity to the Constitution by the alacrity returning board, together with a copy of any statement as to violence, with which they yield the right of thought and prove themselves disturbance, &c., or other o:ffenses specified above, ail to be securely false to duty, to manhood, and to our common country; for the mi­ sealed. nority of the Committee on Privileges and Elections, which disdained The returning board was required to canvass and compile the state­ to state a fact or otherwise to justify its action, has declar~d- ment of votes made by the commissioners of election and make returns That the men whose profeswns of returnirl{l loyalty to the Oonstitutinn have been to the secretary of state. Whenever from any poll or vofilng place trust.eel. by {he generous confidence of the A men.can people, are now to give evidence of a statement of any supervisor of registration or commissioner of elec­ {he sincerity of th.cir vows. The people will thOToughly understand this matt.er and tion, made in form and at the time required above, was received, it will not be likely to be deceived. again. was made the duty of the board to determine the facts, and if not Sir, we want the American people to understand this matter. We convinced from the statements filed, before referred to, it was au­ believe that the people are superior to this sectional clamor, and will thorized to hear other testimony. If satisfied upon all the testimony demand that the constitutional rights of one of the States of this that a fair and peaceable election had not been held, it was author­ Union shall be vindicated and her wrongs redressed. ized to cast out the vote at a polling place or of the entire parish, Let us come back to the point before us. Upon the facts stated, as the facts might warrant. and they cannot be disputed, is Mr. KELLOGG entitled to the great This brief statement of the duties of the board and the extent of its position he· claims Y As I have said before, the determination of this authority shows that the task it undertook presented extraordinary question involves the inquiry whether the body of men that elected difficulties. The registrars and commissioners of election had simply him was the Legislature of the State of Louisianaf If it was not counted and tabulated the votes at the polls and of the parishes. They the Legislature, then under the Constitution he has no status here, had made no statements or complaints of riot, fraud, intimidation, for it is expressly declared that Senators in Congress shall be chosen violence, or other fa.ct that authorized the board to do more than "can­ by the Legislatures of the States. vass and compile" the votes, and they did not make the statements Now, if the body that sent him here had been the only body claim­ for the very plain rea-son that the facts did not exist. There was no ing to act as the Legislature of the State; if its anthority and power ground upon which the returning board could base its semi-judicial had been recognized by the other departments of the State govern­ investigation. The duty of its members was to "canvass and compile" ment, and if it had made laws that were recognized and binding the votes and issue certificates to the successful candidates. upon all the people of the State, I would not question, but would But the veterans who had borne the brunt of the fierce conflicts in affirm the validity of the act; for in such case the State through 181'2 and 1874 were not discouraged by the impediments that stood in her depart.ments having settled its legislative authority, "everybody the way. Experience had taught them how easily they could be· re­ else" is thereby concluded. Nor would it be permissible to institute moved, and they announced their readiness to begin the work. Po­ an inquiry into the methods of its organization or the composition of litical harlots with their panders flocked in countless numbers to the the body. The decisions of the Legislature itself upon every matter capital of the State, ready to sell their virtuous oaths for a price. of that kind would be conclusive and binding on all the world. Protests and certificates were manufactured by the score many days But the case supposed is not presented. The Packard legisla­ after the time when by law they were to be filed. Affidavits were ture did not have undisputed possession of the field of legislation. written by hundreds and thousands supporting these false protests What is known as the Nicholls legislature claimed that it was the and certificates. Jewett, the secretary of the republican committee- lawful Legislature. In that body undoubtedly appeared fifteen sen­ . the same who gave warning to the registrars that their claims to rec­ ators and forty-four representatives certified to have been elected by ognition by the incoming administration depended upon their sue- the returning board. They were joined by other persona who were 1880. CONGRESSIONAL RECORD-SENATE. 2683 in fact elected by the p-eople, but rejected by the returning board. any race. It will reach to the remotest regions where free govern­ This body, or rather a senate and house of representatives, was organ­ ment shall be found. And men now living may see realized the pro­ ized. After its organization its strength was increased by the volun­ phetic ·aspiration of the Roman orator and sage: tary submission of the Packard legislature, all of whose members, Nee erit alia lea: Romm, alia Athenis ; alia nunc et ali.a posthac. Sed et omnes duly elected, joined it. And Mr. Spofford was chosen, all the duly gente.s, et 0111-ni tempore, una lex, et sempiterna et universalis, prrevalebit. elected members of both bodies joining in making t.he choice. Now, Mr. CONKLING. Would it be agreeable to the Senator from Ten­ which was the true Legislature of the State 'f nessee before he leaves this subject to ii:J.dulge me in two inquiries This question is not of the first impression. It was· once before relating to points which 4e has touched i• bis address, my object be­ presented t o the Senate in the contest between Spencer and Sykes, each ing to ascertain, if I can, his view of the law in those two regards Y of w horn claimed to have been chQsen to be Senator by the Legislature If for any rea~on he does not wish to respond, I shall not put the in­ of Alabama. The question was referred to aco'hnnittee and that com­ quiries. mittee made a report, from which it appears that two bodies claimed Mr. BAILEY. I am somewhat fatigued. I have no objection to to be t he ~egisla.ture of the State~ One of them had a quorum of the Senator stating his points or seeking for information; but I am members certified to have been elected by the returning boards. The too well aware, as is the Senate, that the Senator from New York will other body had a quorum composed in part of members certified by never seek for information from the Senator from Tennessee. I shall the returning boards and in part of persons actually elected by the listen to him with pleasure, and reply if I think proper. people, but whose election was denied by the returning board. The Mr. CONKLING. Well, Mr. President, after hearing some of the case and the question in these particulars were identical with the propositions which the Senator from Tennessee has laid down, in one now under consideration. The facts and the conclusions of the which I am bound to suppose he believes, I ought not to be surprised committee were stated in a report prepared by Mr. CARPENTER, then that his credulity or his capacity for belief is so great that he really as now a Senator from Wisconsin, in a manner so clear as not to admit holds tho impression he has stated that the Senator from New York of bein~ misunderstood. I ask the Se1iretary to ;read the passage I would not in good faith or seriousness seek light from him. I will have marked from that report, beginning on page 6. . content myself with assuring him that he is quite mistaken, and I The Chief Clerk read as follows : will not press upon the Senator any inquiry which he is unwilling to answer. • When we consider that all the forms prescribed by law for canvassing and cer­ tifying an· election, and for the organization of the two Jlonses, are designed to · Mr. KELLOGG. · Mr. President, I do not at this time intend to do secure to the.persons actually elected theright to act in the offices to which in fact more than refer to a matter upon which the Senator from Tennessee they have been elected, it would be sacrificmg the end to the means were the Sen­ [Mr. BAILEY] has dwelt with some explicitness. I desire to call ate to adhere to the mere form, and thus defeat the end which the forms were in­ specific attention to it, to the end that other Senators who follow the tended t-0 secure. Tho persons in the two bodies claiming to be the senate and house of represent­ Senator and who share his views may address themselves to the atives who voted for Spencer constituted a quorum of both houses of the members proposition if they see fit. It is a matter of fact that I think will actually elected; the persons in the State-house legislature who voted for Sykes not be disputed that the Nicholls legislature had not at the time it 0 ~~sng!r~ft::~tt~v'1ub~~:eY!c~~ ~tli~ ~~~ ~~~e~ec~~r~u~~ \°e~1:: :Of Co~d organized iri January, 1877, a quorum of members in the lower house Sykes's election to be valid, it would follow that erroneous certificates, delivered to who were elected upon the face of the returns, and even by the show­ men conceded not to be elected, had enabled persons who in fact ought not to vote ing of the democratic party itself, nor during the whole term o~ sixty for a Senator to elect a Senator to misrepresent the State for six years. On the days-the constitutional session of the Legislature. By the laws of other band, if we treat the court-house legislature as the legal Legislature of the State, it is conceded that we give effect to the will of the people as evidenced by the State then in force one hundred and twenty members comprised the election. So that, to state the proposition in other words, we are called upon the lower house. It was admitted that the republicans had chosen to choose between the form and the substanc~, the fiction and the fact; and, con­ sixty of that number. AftertheMacVeaghcommission went to New sidering the importance of the election of a Senator. in the opinion of your com­ Orleans, and when the returning-board members went over to the mittee the Senate would not be justified in overriding the will of the people, as expressed at the ballot-box, out of deference to certificates issued erroneously to Nicholls legislature, fifty-seven members of the Packard legislature persons who were not elected. were admitted; they excluded, however, three republican members In the opinion of your committee it is not competent for the Senate to inquire chosen from the seventh ward of New Orleans, who were admitted as to the right of individual members to sit in a legislature which is conceded to to have been elected by the democratic canvassing committee of the have a quorum in both houses of legally elected members. But, undoubtedly, the Senate must always inquire whether the body which pretended to elect a Senator State, and who were elected really upon the face of the returnt;. The was the Legislature of a State or not; because a Senatol' can only be elected by the only way the Nicholls legislature got a quorum finally, after the Legislature of a State. In this case, Spencer havini;t been seated by the Senate, · MacVeagh commission went there, was to exclude those three men and being prima jacie entitled to hold the seat, the ;:senate cannot oust him with­ from the seventh ward, who, as I have said, were long after the elec­ out going into an inquiry in re~ard to the right. of the individual persons who claim to constitute the quorum m these respectiYe bodies at the court-house and tion admitted to have been elected. at the State-house. We cannot oust Spencer from his seat without inquiring and Moreover, the extra session, the session called after the MacVeagh determining that the eight or nine individuals who were elected were not entitled commission went to New Orleans, I think, at no time had a quorum to sit in the Le~slatnre of the State·becau.se they lacked the certificates. But if in their house without counting the three members from the seventh the Senate can mquire int.o ~is question at all, it must certainly inquire for the fact rathor than the evidence oI the fact. It cannot be maintained that when the ward. Senate has been compelled to enter upon such an examination it is estopped by The VICE-PRESIDENT. The question is, Will the Senate agree to mere prima fa<:i.e evidence of the fact, and the certificate is conceded to be nothing the resolutions f more than primia facie evidence. But the Senate must go back of that to the fact itself, and determine whether tho persons claiming to hold seats were in fact elected. l\1r. JONAS. Mr. President- When we do this we come to the conceded fact that these persons, la.eking the cer­ Mr. PADDOCK. I 'hardly think the Senator from Louisiana would tificate, had in fact been elected, and that the persons who claimed to be the quo­ like to proceed at this late hour of the day, and if that is the case-­ rum of the two houses were.in fact the pe.rsons who, in virtue of the election, were . Mr. JON.AS. I 'will say that I had not expected to proceed this entitled to constitute the quorum of both houses. evening. I had expected· that some Senator on the other side was Mr. BAILEY. The republican majority of the Senate adopted the prepared to go on. reasoning and conclusions of the committee, and, rejecting Sykes, Mr. PADDOCK. If "Nie Senator prefers not to go on, I should like who had been chosen by the Legislature assembled and organized to ask the Senate to take up an important bill, which ought to have under certificates from the returning boards, admitted to the seat been passed some time since, and which I think will occupy but a Mr. "Spencer, who was chosen by the Legislature that the -committee vecy few moments. If he prefeJI! to go on now, of course I shall not claimed was actually elected. Now, in what respect does that case interpose. · differ from the one under consideration T I affirm, and I make the Mr. JON.AS. I have no objection to yielding to the Senator from affirmation with all earnestness and sincerity, challenging contradic­ Nebraska. tion from any part of this Chamber, from Senators of all parties and . The VICE-PRESIDENT. The Senator from Nebraska asks the Sen­ from every section, that the only difference is that Spencer was a re­ ate to consider at this time a bill-- publican, while Spofford is a democrat. Mr. SAULSBURY. I understand the Senator from Louisiana [Mr. The case of Spencer is directly in point. No appeals to passion or JONAS] merely yields to the Senator from Nebraska to call up a bill, prejudice or sectional feeling, no effort to revive the memories of our retaining the floor on the question of privilege. unhappy divisions, nor the threatened denunciation of those who" are The VICE-PRESIDENT. The Chair so understands. now to give evidence of the sincerity of their vows," can change the Mr. PADDOCK. I a.sk for the consideration of the bill (H. R. No. facts. The precedeJ:!.t exists. The argument of the committee in the 1336) for the establishment of a land office in the Territory-of Mon­ Spencer case, as the argument in this case, is conclusive. Its princi­ tana. ples are to be found in the American idea of government; in the rec­ Mr. EDMUNDS. What has become of the re~r order f ognition of the fact that inspectors and canvassers of ballots, return­ The VICE-PRESIDE.NT. The Senator from Louisiana. yielded.for ing boards, tabulated statements, certificates, and all the machinery the purpose of enabling the Senator from Nebraska to move for the of elections are intended to protect the ballot, to uphold and main­ consideration of this bill. tain the recorded will of the people. The verdict of the people thns Mr. EDMUNDS. Do I understand that there is unanimous con- declared is to be respected in every portion of our great country, in sent to lay aside the regular order for the moment f Louisiana as in Maine, in Florida as in Oregon •. The VICE-PRESIDENT. The Chair so understands. The law of majorities is the one general and universal law of Mr. EDMUNDS. It then resumes its place again. these American States. It commands obedience from all alike, from Mr. PADDOCK. That is the understanding. the Senate as from the people. Upon its recognition depends not only Mr. EDMUNDS. All right. the purity of elections but the perpetuity of our institutions. With LAND OFFICE IN' MONT.A.NA. the spread of democratic ideas it is fast becoming the law of all civil­ The VICE-PRESIDENT. Is there objection to the consideration of ized peoples. It will not be confined to any time, to any country or the bill indicated by the Senator from Nebraka, [Mr. PADDOCK f]

• 2684 CONGRESSIONAL RECORD-SENATE. APRIL 23,

There being no objection, the Senate, as in Committee of the Whole, his compensation is any guide of the measthe of his capacity and of proceeded to consider the bill (H. R. No. 1336) for the establishment the service he rendered, ne did much more for the country than an of a land office in the Territory of Montana. enlisted private. And when he was disabled, as I h ave no doubt he The bill was reported to the Senate without amendment, ordered was, according to the report in this case, his pension ought to bo equiv­ to a third i·eading, read the t hird time, and passed. alent to the rank that his compensation would entitle him to in the ~IBSSAGE FROM THE HOUSE. service. Of course, not having charge of the bill, I am not prepared to offer any amendment ; hut in accordance with the principles of .A. message from the House of Representatives, by Mr. T. F. Knm, the pension law he ought not to have less than $30 a month; and I one of its clerks, announced that the House had passed a joint reso­ think the rate should be fixed in the bill, and not make it illo~ical lution (H. R. No. 291 ) authorizing tents to be loaned to the governor and absurd by sayini that he shall be paid a pension as an enlisted of Missouri for tho use of sufferers by the recent tornado in that private. in State; which it requested the concurrence of the Senate. Mr. McMILLAN. I had the honor of introducing t bill. Al­ The message also announced that the House had concurred in some though the Senator from Kansas was opposed to allowmg this pen­ and non-concurred in other :::.mendments of the Senate to the bill (H. sion, I think I may say to the Senator that the disabled soldier in this R. No. 4924) making appropriations to supply certain deficiencies in case will be content with being enrolled upon the pension-r oll as a. the appropriations for the service of the Government for the fiscal private soldier. He was not an officer of the United States Al'my; he year en.ding June 30, 1880, and for other purposes, and had concurred was in the ranks; and in a charge upon the enemy, a charge in the in the first amendment of the Senate, with an amendment in which night-time, he was disabled ; so that I think he may well be enrolled it requested the concurrence of the Senate. as a pensioner as a private soldier. TEXAS PACIFIC RAILWAY. The VICE-PRESIDENT. The question is on agreeing to the amend­ Mr. RANSOM. I beg leave to report from the Committee on Rail­ ment to pension this man as an enlisted man. roads the bill (S. No. 1283) to extend the time for the completion of The amendment was agreed to. the Texas and Pacific Rail way with an amendment, to go on the Cal­ The bill was reported to the Senate as amended, and the amend­ endar without recommendation. ment was concurred in. The VICE-PRESIDENT. The bill will be placed on the Calendar The bill was ordered to be engrossed for a third reading, read the without recommendation. third time, and passed. BILLS INTRODUCED. WILLIAM GAINES. Mr. BAY.A.RD asked, and by unanimous consent obtained, leave to Mr. COCKRELL. Some time ago the bill (H. R. No. 2902) to place introduce a bill (S. No. 1669) for the relief of Abbie N. Condron; William Gaines, late ordnance-sergeant United States Army, on the which was read twice by its title, and referred to the Committee on retired list, which had been reported favorably by the chairman of Military Affairs. the Committee on Military Affairs, was called up. Remembering that Mr. '!'ELLER asked, and by unanimous consent obtained, leave to there had been a general bill on the subject reported from the Com­ introduce a bill (S. No. 1670) to authorize the Wyoming, Montana, mittee on Military Affairs, and supposing that this case would come and Pacific Railroad Company to build its road across the Fort Rus­ within the limitations and terms of that bill, I objected to its consid­ sell military reservation; which was rea-0. twice by its title, and re­ eration at that time. On a subsequent examination I find that the ferred to the Committee on Railroads. general bill will not-provide for this particular case, and I desire sim­ ply to withdraw my objection, as I had it postponed; and~ ask that HERMAN NETTERFIELD. the bill be taken up and considered now without committing myself Mr. KIRKWOOD. Mr. President, the hour of adjournment has not to support it. yet been reached, and there is a bill upon the Calendar that I should By unanimous consent, the Senate, as in Committee of the Whole, like to havo disposed of, which has been before the Senate and par­ proceeded to consider the bill. tially considered at one time, and I think will not consume any length 'I'he bill was reported from the Committee on Military .A.ffaird with of time. It is Senate bill No. 35. an amendment, in line 3, after the word '-'that," to insert "the Presi­ 'l'he VICE-PRESIDENT. The Senator from Iowa asks the Senate dent of the United States be, and he is hereb;y- authorized to place," to consider at this time the bill (S. No. 35) granting a pension to Her­ and in line 5, after the word "Army," to stri.Jre1 out '' be, and be is man N etterfield. hereby, placed;" so as to make the bill read: Mr. COCKRELL. 'l'he Senator from Virginia, [Mr. WITHERS,] Be it enact.ed, &c. , That the President of the United States be, and he is hereby, whom I do not see in his seat, is against this bill. This is a con­ authorized to place William Gaines, late ordnance-sergeant United States Army, tested case, and I think it should be considered when he is here. on the retired list of the Army, with the full pay and allowances of an ordnance sergeant for and dnring his natural life, he having served faithfully and honorably Mr. KIRKWOOD. The only contest there ever was about it was in the Army of the United Sr.ates for more tha.n fifty.one years, having been a.n ord­ the contest of the principle involved, which was settled in the Phares nance-sergeant for over thirty.three consecutive years of said service, and having case. As t o the facts, there was no controversy at all; and the same ~::rn~imh~ ;~!1!:~6Jieth~ ~~; !f~i& s~.tthe defense of Fort Stephenson, and the considerations which carried the Phares bill must necessarily carry 1 this unless Senators are dissatisfied with their votes on that case. The amendment was agreed to. The case has been partially heard, and the bill ought to be disposed Mr. EDMUNDS. Has the report been read Y of. I ask that it be taken up. The VICE-PRESIDENT. The report was read on a former occa­ There being no objection, the Senate, a'8 in Committee of the Whole, sion. resumed the consideration of the bill (S. No. 35) granting a pension Mr. WITHERS. I merely wish to ask whether that is not a case to Herman Netterfield. of putting upon the retired list a non-commissioned officer, and Mr. INGALLS. Let the report be read. whether there is not a bill on the Calenda.r to provide by general law The Chief Clerk read the report submitted by Mr. KIRKWOOD, from the authority for placing all meritorious cases of that class upon the the Committee on Pensions, January 12, t88o, and heretofore pub­ retired list, and in that connection, therefore, whether it would not lished in the RECORD. be better to act on the general bill rather than select a special case Y Mr. INGALLS. What rate of pension does the bill give Y Letthe I ask the Senator having the bill in charge the question. bill be again reported. ' Mr. COCKRELL. The Senator from New Jersey [Mr. RA.1\TDOLPH] The Chief Clerk read the bill. who is not in his seat reported the bill, and I havo called it up stat­ Mr. WITHERS. I have simply to remark in connection with the ing the :reasons why I had thought it was not embraced in the terms bill under consideration that I have no further opposition to offer to of the bill reported by the Senator from Texas; [Mr. l\!AxEY.] This it. This case runs on all fours with the one the Sanate passed after man is now in his seventy-ninth or eightieth year, and as he is not in a very full discussion a few days ago. the Army he would not come within the provisions of the general bill, Mr. KIRKWOOD. I move to amend the bill as the bill for Phares his term of service having already expired. The general bill cannot was amended. I think the language used was giving him the pension provide for the cases of those who have passed out of the Army prior of an enlisted man. to its passage. The VICE-PRESIDENT. That amendment will be made. Mr. WIT1IERS. I ask, however, if it is not by virtue of bis service Mr. INGALLS. That is not doing this man justice. .A.u enlisted in the Army that it is proposed to put him upon the retired list T man receives pay at the rate of $16 a month, an~in case of disability Mr. COCKRELL. Certainly. he draws a pension of $8 a month, which is equivalent to one-half Mr. WITHER•S. I do not see upon what other ground you can pro­ his pay. The beneficiary of this bill was employed at $60 a month, pose to put a man upon the retired list of the Army except by virtue and of course must have rendered more valuable and efficient service, of military sel"vice, and therefore it is essentially a case that comes and in case of disability ought fJo receive an increased rate or pension. among those designed to be provided for by the general bill. The Senate understands of course that I was opposed to the princi­ Mr. COCKRELL. It does seem to me that thA Senator from Vir­ ple recognized by this bill and the bill that passed the other day; but ginia fails to see the whole point. the Senate have a right to do as they please about it, and I recognize Mr. WITHERS. Possibly. what has been accomplished in this direction; but certainly those Mr. COCKRELL. A man who goes into the Army as an ordnance­ who favor this class of pensions ought to be logical and give Netter­ sergea.nt, as a sergeant, or in any other capacity as a non-commis­ field and Phares the rate to which they would be entitled in accord­ sioned officer, only enlists for a specific term of five years. Each en­ ance with the service they rendered. It is a burlesque to declare that listment of this man was for .five years. This man served fifty-one this man who received $60 a month shall be put on the pension-Jioll years in the Army. He enlisted ten different times. The term of his as an enlisted private. He was not an enlisted private, and he did last enlistment has expired. The general bill which has been reported not render any service equivalent to that of an enlisted private. If from the Committee on Military .Affairs only applies to those who are

• 1880. CONGRESSIONAL RECORD-SENATE. 2685

in the .Army, and who go out of it hereafter, and cannot apply to this upon the statute-book there ought to be according to all principles of man. He cannot be reached by that bill, and this is simply a special equity a corresponding retired list for meritorious non-commissioned bill placing him where he would be if he were now enlisted in the officers, who having become worn out in the military service, are in­ Army, and his fifty years of service were about to expire. capacitated from want of training in civil pursuits and approaching Mr. WITHERS. Is there any law on the statute-book which au­ old age from earning a livlihood. thorizes the placing upon the retired list of non-commissioned officers V That is the whole theory of the bill as presented by the Committee Mr. COCKRELL. Certainly not ; there is no question of that in on Military Affairs, giving to the non-commissioned officers, on being the world. There is no authority l!uder the statntes now to place a retired after long and faithful service, neither more nor less than non-commissioned officer or an ordnance-ser~eant upon the retired three-fourths of the pay and allowances they would have received as list, or to place any one there except commissioned officers. non-commissioned officers in active service, just as is now the case Mr. WITHERS. Is there any case which has been acted upon by for commissioned officers. If there is equity in one there is equity in special enactment the effect of which has been to place on the retired the other. Their argument therefore would have been app.Ucable list non-commissioned officers 'f against the original creation of a. retired list for commissioned offi­ Mr. COCKRELL. This is the first one that I have beard of, the cers, and would be applicable to a bill to repeal that law. That law. first one that I have had any intimation of. The Senator from Vir­ has been upon the statute-book nineteen years; nobody proposes to ginia must understand that I am not advocating the principle of the repeal it, and therefore to make the principle harmonize all the way bill; that is a question for the Senate to determine; but I objected through this bill logically follows that enactment. to its consideration, and had it passed over until I could make an ex­ In support of t.110 arguments which I have heretofore presented, l amination, and I thought that in justice to myself I should bring it desire to lay before tho Senate and ask the Clerk to read a letter before the Senate, the report having been read, and have the Senate from Major Jmmph P. Farley, Ordnance Corps, a very intelligent com­ act upon it. I propose to move an amendment to the bill before it missioned officer of the Army of long standing. passes to give this person 75 "per cent. of his regular pay, the same The Chief Clerk read as follows : percentage as commissioned officers of the Army get. PHILADELPHIA, PENNSYLVANIA, April 12, 1880. Mr. WITHERS. I understand that this is establishing a precedent MY DEAR Sm : My attention ha.s been directed to the letter of Inspector-General which will pave the way, if not designed to do so-and I presume it Davis, relative to your bill for the retirement of old and worn-out non.commissioned officers. is the object to do so-by which provision may be made hereafter for Permit me to state, in this connection, that the two old soldiers whose cases are pensioning private soldiers for long service who are not disabled to cited by the General, &re at present serving umier my command, and that their an extent or in a manner which will authorize the payment of a pen­ terms of service expire, the one, Jnly 18, 1880, and the other May, 1881, respectively. sion to such soldiers. If the Senate is willing to establish a prece­ These very worthy old non-commissioned officers have been prononnced by the post­ surgeon entirely unfit for the performance of any military duty, and therefore can­ dent of that kind, then it ought to pass the general bill which is now not be re-enlisted, however much may be the desire that they" dio in harness." on the Calendar, which is to provide by law that this may be done Had there been a .J?rovision of law whereby these men conld have been retired, systematically and be made applicable to all persons of equal merit even on full pay, within the past ten years, the interests af the Government wonld and of equal service. have been better and more economically served. This will be understood by those who know and appreciate the relations between Mr. COCKRELL. I desire to offer an amendment of which I gave the private soldier and !.l.on-commissioned officer, where the motive for the continu­ notice, to insert in line 6, after "with," the words "75 per cent. of;" ation of men in the latter grade is simply that of justice to the individual. so as to read : ~ I am, sir, yours very respectfully, JOSEPH P. FARLEY, With 75 per cent. of the fnlt pay and allowances of an ordnance-sergeant for and Major Ordnance, United States Army. during bis natural life. Hon. S. B. MA.x.EY, ,All the commissioned officers of the Army who are retired draw 75 United States Senate. per cent. of their regular pay and allowances, and all officers of the Mr. MAXEY. Since this bill was reported by the Committee on Navy and also all officers of the Marine Corps who are placed upon Military Affairs, one of the forty-two, Sergeant Walker, stationed in the retired list -draw the same rate; and if this list is to be created, Maine, has died, lea.ving but forty-one who would be benefited by I think that it would be only fair that they should have 75 per cent. the bill. To show further, and in addition to the testimony adduced> of the pay. that the deliberate judgment of men who have studied this question The amendment was agreed to. favors this bill, I a-sk that the editorial which I send up, from The The bill was reported. to the Senate as amended, and the amend­ United Service, an ably conducted periodical devoted to Army and ments were concurred in. Navy matters, be read by the Clerk. The amendments were ordered to be engrossed, and the bill to be The Chief Clerk read as follows, from the May number, present read a third time. year, of The United Service: The bill was read the third time, and passed. v It is to be hoped that the bill now before Congress authorizing "a retired list of non-com.missioned officers of the Unit.ad States Army who have served therein con­ RETIRED LIST OF NON-COMMISSIOll!"ED OFFICERS. tinuously, honorably, and faithfnlly for thirty years or upward" may soon become Mr. MAXEY. I a.ak the Senate to proceed to the consideration of a law. The importance of this class in the service ha.s never been fully recognized in the laws relating to them, and the bill above referred to is but a tardY, acknowl­ the bill (S. No. 1331) to authorize a retired list of non-commissioned edgment of a debt of justice, the payment of which bas been too long withheld. It officers of the United States Army who have served therein contin­ has been repeatedly decided, both at home and abroad, that the discipline and efli· uously, honorably, and faithfully for a period of thirty years or up­ ciency of an Army depend largely upon its non-commissioned officers. To obtain ward. It is the bill at the head of the list of cases to be considered, those of the highest character and ability, it is advisable and necessary to offer every inducement to men possessing such qualities to enter the service, and to re­ and is therefore the regular order on the Calendar. main in it after ent.ering. Liberal pay and proper consideration for their rank By unanimous consent, the Senate, aa in Committee of the Whole, should be irven to them while in the service, and will do much toward accomplish­ resumed the consideration of the bill, the pending question being on ing the deiured end; but an official rank, with an assured pension far their old age, the amendll!ent reported by Mr. MAXEY, from the Committee on Mil­ after having given the best years of their life t-0 their conntry, and when they are unfitted for engaging in ordinary business oecnpations, will do much more toward itary Affairs, which was in section 1, line 3, after the word" thirty," reconciling them to remaining in it for life. The wisdom and justice of the pro­ to strike out" consecutive," and in section 2, line 2, after the word posed measure are too evident to all thinking minds to render discussion of it nec­ "thirty-five," to strike out ''consecutive;" so as to make the bill read: essary. Be it enacted, dl:c., That when an enlist.eel man has served as such thirty years in .Mr. MAXEY. I have laid the·deliberate views of the Committee the United States Army,,houorably and faithfully, and the last fifteen years thereof on Military Affairs before the Senate. I have shown by the letter of as a. non-commissioned officer, he shall, if he makes application therefor to the the Adjutant-General that there would be but forty-two as the bill President, be retired from active service, and placed on the retired list hereby created, with the non-commissioned rank held by him at the date of retirement. was originally introduced benefited, and that one of those forty-two, SEc; 2. When an enlisted man has served as such thirty-five years in the United since the bill was reported, has died, leaving but forty-one; that the States Army, honorably and faithfully, and the last fifteen years thereof as a non­ amendment passed by the committee to strike out the word '' con­ commissioned officer, he may be retired from active service a.t the discretion of the President, with the non-com.missioned rank held by him at the date of retirement. secutively," will, as I believe, but slightly increase the number; that SEc. 3. Non.commissioned officers retired from active service shall receive 75 per it is a bill based upon the equitable principle, that if those who have cent. of the pay and allowances of the non-commissioned rank upon which they become worn out in the service holding commissions are entitled to are retired. be retired upon three-fourths of their pay, in like manner non-com­ Mr. MAXEY. At a former sitting of the Senate this bill was read missioned officers who have for thirty years·been honorable, faithful, and also the report of the committee and the amendments offered by and true in the service of the country and who have in like manner the direction of the Committee on Military Affairs and the letter of become worn out should in like manner be provided for in their old the Adjutant-General showing that there were forty-two persons only age. I have shown that this measure is approved by men who are who would be benefited by the bill as reported to the Senate, and whollsr disinterested, who are intelligent in respect to the subject­ the letter of Colonel Davis, one of the inspectoTS-general of the Army, matter before the Senate, who have by long experience become ac­ giving his opinion a.a to the merits of the bill. Some discussion was quainted with the wants and necessities of the service, who appreci­ also had upon the bill at the sitting referred to. The argument of ate the fact that this bill would be exactly in the direction of effi­ the Senator from Delaware [Mr. SAULSBURY] which wa-s simply elab­ ciency in the .Army, and therefore wise economy. I have taken the orated by the Senator from Kentucky [Mr. BECK] in my judgment best witnesses known to the law, that is to say, witnesses intelligent does not reach this ca-se. Their argument was in effect in opposition upon the subject in hand, credible and disinterested, and have given to a retired list at all for either commissioned or non-commissioned their testimony. Having shown this, I can say no more than I have officers. The precise argnment used by them would apply with full alrea-0.y said, believing as the committee believe that the bill is wise, force and effect ag:;i.in.st a retired list for commissioned officers the and that it ought to be passed. same as non-commissioned officers ; but it is entirely clear that logic­ Mr. INGALLS. Did I understand the Senator to say that this bill ally if the retired list for commissioned officers is permitted to remain. would provide for but forty-one persons T 2686 CONGRESSIONAL RECORD-SENATE. APRIL 23,

Mr. MAXEY. That is exactly what I said, and I will refer the Sen­ soldier Y If it is right to give retirement to one it is right to give it ator to the letter of the Adjutant-General. to the other, and the question of -right has nothing to do with the Mr. INGALLS. Does the Senator mean to be understood as saying question of what it is going to cost. Strike all out or put them all that if the bill passes only forty-one persons will be added to the on a footing. That is the principle. I have not made inquiry, I will retirecl list¥ say to the Senator from Kansas, as to the cost of the present retired Mr. MAXEY. I mean to say precisely this: that if the Adjutant­ list of commissioned officers. That would be a pertinent inquiry on General of the United States Army, E. D. Townsend, is credible-and a bill to repeal the law, but so long as that law remains untouched his letter is now in the sight of the Senator from Kansas-he says the cost of that list bas nothing to do with this. precisely that thing in respect to the bill as originally reported. The question has been asked whether this ought not to apply to Mr. INGALLS. The bill is not to be a continuing bill, then, to private soldiers as well, so that there should be no distinction. The affect those who reach the period of thirty years' service hereafter¥ law at present makes a distinction among privates by reason of Mr. MAXEY. Yes; it is designed to be continuing, and this design special merit. A private soldier who has received from the President is clearly shown on the face of the bill. a certificate of merit for distinguished services receives additional · Mr. INGALLS. Then the statement of the Senator from Texas is pay at the rate of $2 per month, and if granted to a soldier of the liable to misconstruction. If this measure were to place upon the Mexican war, he need not have served continuously. If he served in retired list only forty men who had become worn-out and helpless in the Mexican war it is not necessary, as I have stated, that his service ·the service of the country it would be one thing; but if this is a shall have been continuous. So the law now makes a distinction in provision for permanently adding to the retired list such men as may favor of those who have proved themselves to be meritorious, and hereafter at all times reach the period of thirty years' continuous the· theory of this bill is to hold out encouragement to a spirit of service it is entirely a different thing. emulation and secure the best material for the Army, and thus the Mr. MAXEY. I take it that the past is a good criterion. for the best non-commissioned officers that can be had, because everybody future; that as there were but forty-two men of this class in the who has experience in an army knows that the more efficient your United States Army a few day a-go, and but forty-one now, who had non-commissioned officers are the more efficient your army is, and if served thirty years continuously, and the last fifteen thereof as non­ that be true it is a measure in the interest of wise economy. commissioned officers, that death, which has already carried one of With these views I present bhe question to the Senate. those off, will in like manner carry others oft~ and the list probably Mr. BECK. Mr. President, the other morning when this bill was will not be increasecl beyond tha,t number in all time to come at any up I took occasion to make some objections to it. I do not intend to one time. That it is to continue is just as true, and no more so, than of go over them again i1t extenso; but the meaning of all this is that we the -retired list for commissioned officers. It stands precisely upon are to extend the retired list or the pension list of the United States the same footing. It is designed to apply to a certain class of non­ so as to include every man who sees fit to enter the Army at eighteen commissioned officers. Of that class there are now but forty-one, and remain till he is forty-eight years of age, no matter how able­ and the same principle which applies to those forty-one will apply bodied he may be, because all can be pensioned for the balance of to others as time rolls by and the same conditions reach others as to theirdaysaftertheyareforty-eight years of age, if they enter the Army age and service, just as the retired list as to commissioned officers is at the age of eighteen, as most of the young fellows who are picked continuing in operation. up for the Army as private soldiers do, under circumstances frequently Mr. INGALLS. Can the Senator advise the Senate what the pres­ not very creditable to them. They have the right to retire at the end ent retired list of the Army is, aud how much the expense is upon of every five years if they see war or see trouble ahead. They are the revenues of the country for that purpose'? not like a commissioned officer, who is bound to remain, because he is Mr. MAXEY. I am not prepared to state the nuraber. The origi­ pledged t-0 the country to remain in the service, and he cannot retire nal number was three hundred, which has since been authorized to without dishonor and disgrace. But at the end of each five years any be increased. one of these men can retire, and if there is a likelihood of war or Mr. BURNSIDE. Four hundred. trouble or disagreeable service, many of them will i:,.etire. If they Mr. INGALLS. I saw in the Army bill that passed a few days ago are likely to be stationed at Washington or Fortress Monroe or some provision for four hundred retired officers. nice place, they will re-enlist. Whether wounded or not, whether Mr. MAXEY. The law as originally passed was for three hnndred, they have ever heard a gun fired in anger, the moment they have but by subsequent amendments the number has been authorized to served thirty years and are forty-eightyearso~age (ten years younger be increased, the exact extent I did not remember, but the Senator than I am and a few years younger than my friend from Vermont) · from Rhode Island [Mr. BURNSIDE] states it four hundred, which is they can retire with a pension for the rest of their days under this doubtless correct, and if we can provide for four hnndred commis­ bill. sioned officers on large pay, surely we might provide for forty-one Mr. EDMUNDS. But if my friend from Kentucky, who so kindly non-commissioned officers on far less pay. brings P:ie into notice in connection with this bill, will remember the Mr. INGALLS. Can the Senator state the amount that is paid for propos~d bill as it stands requires thirty consecutive years of service. the retired Army list. It is true I think that the Senator from Texas, or the committee, Mr. MAXEY. I cannot; but I will say this in regard to the ex­ proposed to strike out the word!' conerecutive;" but if the word" con­ pense : If General Sherman, with a pay of some thirteen or fourteen eecutive" were in, then the suggestion of a soldier skipping in time thousand dollars, were retired, he would get 75 per cent. of that; and of trouble and again enlisting in time of peace would not apply. so at the same r&tio of their pay would other commissioned officers, Mr. BECK. I suppose the Senator from Vermont very well under­ and the non-commissioned officers are under this bill to get the. same stands, as I do, that after the immense military prowess displayed by percentage. A sergeant-major gets $23 a month in active service, and this country on both sides fifteen yea.rs ago, there is very little proba­ so on down, as will be seen by section 1280, Revised Statutee. There bility of any American soldier having to fight again on dry land unless is, as yon will see by subsequent sections, 1281 to 1284, inclusive, a it be with a few Indians. The nations of the world a.re i;iot going to small amount added for additional service, &c. In like manner you fight us any more, and this is not a bill to provide for those who will see by sections 1285 and 1286 that privates who have certificates fought in the Mexican ·war or the late war or in any one war, but it of merit of distinguished honor get $2 a month additional; but the is to provide for the future, and to make provision to encourage men highest pay proper of non-commissioned officers is $23 a month. Ser­ to stay in the Army and to pension them when they get forty-eight geants of engineers get larger pay, of course, because they are experts years of age; and if it extends to'non-commissioned officers of course attached to a scientific corps. They get $36 a month, but the highest it will have to go to the private, for the same argument applies all of the others get $23 a month, next $22, next $17, and then corporals around. Then it haa to go to the Navy, and the N avyperhaps may have $15 a month. That may be increased somewhat as stated by virtue trouble hereafter with the iron-clads of the great nations of the earth, of sections 1281 and 1282, and the pay of enlisted men by virtue of and we may have to fight them somewhere on the high seas. I sectiorui 1283 and 1284. concede that there may possibly be trouble there, but on la.nd I do Mr. INGALLS. I think the country will be interested in knowing not see any prospect of it. the expenditure at the present time on account of the retired list of If this bill passes you will soon have to extend it to all the civil the Army and Navy, and I regret that the Senator from Texas is not employes, men who have gone through the temptations of the civil able to inform the Senate upon that point. service and have been in custom-houses or worn out in the Depart­ With reference to the bill now before the Senate it is in plain terms ments here as a matter of choice, but could have left at any moment a proposition to add to the pension list of the country. It is that, they chose. They have all got to be pensioned. Already the country and nothing else. has extended its pension laws to an extent that it has become a very Mr. l\iAXEY. I ask the Senator to allow me to go on. serious question where the money is to come from. We have cer­ Mr. INGALLS. I beg pardon. I thought the Senator was done. tainly exhausted our power of receiving it from whisky, tobacco, Mr. MAXEY. No. 1 will state that if the law, which neither the banks, proprietary stamps, and other things now subject to internal Senator from Kansas nor anybody else has proposed to repeal, which tax, and there is great indisposition to put it on incomes; but taxa­ keeps the commissioned officers, with their large pay, on the retired tion necessarily has to follow appropriations. Now, you are providing list remains on the statute-book in full force, then, in all equity and a system, a new system, an extended system. The ways and means good conscience, I ask if theso poor men who have to work with the must be furnished. I have always thought it would be a good idea musket in their hands and drawing but $23 a month, the highest of whenever you begin a new system of appropriations to begin a new them, ought not to be entitled to retirement 'f In other words, has system of ways and means. Then attention would be Qalled to it it como to this that the Congress of the United States makes a dis­ sharply, to how it is to be obtained, to where the money is to come tinction between those who wear the epaulettes and those who wear ~~ . the more humble garb of the non-commissioned officer or the private It is plausible to say these are meritorions men. They may or may 1880. CONGRESSIONAL RECORD-SENATE. 2687

not be. They may regard a soldier's life-and in future I hope it naturally feel a disinclination to go to one of these places, like a hos­ will be-the laziest, the easiest, and the safest of all the lives that a pital or an infirmary or a retreat, just as I was saying in all the States man can lead. You· pension a soldier at forty-eight years of age for there are provisions, wise and humane, for taking care of those who doing nothing, simply because he has seen fit to stay there instead through misfortune and honest poverty are unable to take care of of going to other work. This little Army of ours is twenty-five thou- themselves; and yet we kno.w that in every town in every State of sand men for fifty million people, and perhaps it will be reduced to the-Union there are many people in distress who have a perfectly fifteen thousand or ten thousand hereafter, after some of these In- natural feeling of dislike to going to what is called the poor-house. dian troubles are settled. To provide a ponsion list for its men after It is a feeling that ought to be respected to a degree, and is respected thirty years' service does not seem to me to be a good thing to do. in all the States in one way or another. Just so with those old sol- I merely rose to say that I hope the yeas and nays will be called, diers worn out in the service. They might think and say" it looks as for I desire to record my vote against this bill and against the sys- if we were paupers if we are to be sent to a special place a.way from tern. Howover little it may appear now, it is the beginning of a our families and the old homes where we want to go back and smoke system that no man can see the end of. That is the objection. in peace and die; " and I do not think the Government is wasting Mr .. EDMUNDS. Mr: President, I sy~pathize with the object of j money when it gives a.little something to that class of public serv­ this bill and I sympathize to a degree with the remarks of the Sen- ants for such long service. ator from Kentucky, but I am not so sure as he feels about the future So, as I say, I shall be glad to go for the theory of this bill, and to necessity for an army. I do not quite agree with him either as to include privates, but that would require some amendment, and it is the laziness and easiness of a soldier's life, although I cannot speak so late to-day that I hope we shall not conclude the bill, for I do not from much experience as I only served, I believe for three days, when know that an amendment could be prepared in a moment that would the Confederate States invaded Vermont from Canada at one time cover the idea in the right way. · during "the late unpleasantness." l\Ir. MAXEY. In respect to the suggestion of the Senator from Mr. BECK. What side were you on 4l [Laughter.] Vermont, [Mr. EDMUNDS,] I beg to call his attention to what the re- Mr. EDMUNDS. I was not on the side of the confederates any port shows ; and if he will do me the honor to read that and what I more than I am now. [Laughter.] have said in regard to this bill heretofore, be will readily understand Mr. MORGAN. Was the Senator from Vermont a brigadier-gen- the reasons of the committee for limiting the operations of the bill eral 'i to the class therein provided for. A point in this bill is to create a. Mr. EDMUNDS. No, Mr. President, the brigadiers are all on the spirit of emulation in the Army; to hold out an inducement for the other side of the Chamber. [Laughter.] best material to go into the Army and to behave themselves in an But the life of the soldier has not been easy at any time in the his- orderly and soldierly way so as to secure the position of a non-com­ tory of this country. Troubles have arisen, external and internal. missioned officer, and thus be enabled to get the benefit of this bill. The internal ones we have not all forgotten on (Lil sides; they are not That is to say, it creates a spirit of emula.tion which would not be exclusively composed of the greatest one of them all; there have been the case if all, without any special merit, were to be entitled to like "whisky insurrections" and "Sbays's rebellions;" there have been benefits. That is the view the committee have on that point. cases of domestic violence in a great number of the States that did Mr. EDMUNDS. May I suggest to my honorable friend just there­ not go into:. the rebellion, where soldiers have been necessary to carry because I do not wish to take up time-that I think thei:e should al­ out the provisions of the Constitution, and there they have been ex- ways be an emulation among the enlisted men to have the honors of posed to peril. All this is likely to happen in the future until the holding the office (if I may call it such) of a non-commissioned offi­ millennium comes, and then I suppose we can repeal the Army estab- cer, just as there is an emulation outside in the lower houses of State lishment, or at any rate get rid of it by refusing appropriations to Legislatures-of course there is none in the lower House of the Na.­ support it in case it is not repea.led1 or in some other constitutional tional Legislature-to get into the senate of the State Legislature way w bi ch our friends on the other side know, or as the Senator from and so on. I think that if the case were put merely on the point of New York says we can repeal all of it except the pmvision a.bout hav- stimulating emulation, it would hardly justify the expenditure; but ing troops at the polls, and so on. · in respect of that justice and gratitude that belongs, I think, to a And then in respect to ou.r foreign affairs, I think the Senator from wise nation in respect to its faithful soldiers who have spent their Kentucky is a little too hopeful. We have powerful neighbors on all lives in its service, I think the bill stands upon solid ground. I' of our northern boundary. We have at this very moment difficulties Mr. MAXEY. Of course in the presentation of this bill, I am not and complications with the great power that controls that territory, presenting my individual views only as to the merits of the bill but and according to the dispatches in to-day's papers it would seem that those of the committee as well. If the con;imittee is right in thlnk­ that government had refused, if the dispatches -are true, to do the ing that we shall secure for the entire Army better material by hold­ justice that the UnitedStatesthinktheyhavetheright to insist upon. ing out this prize that is a point, but not all the point, in its favor, Ofcourseiamnotproposingtoalarmanybo'dy; butlbelievesomething and as to providing for these merit.orious men, that in view of exist­ in the European policy that it is a wise economy in a strong nation ing laws for retiring commissio_ned officers, is a conclusive point in to be ready to defend its rights at a moment's notice, and the day may its favor. On that point I agree with the Senator. come when it may be necessary to exert the power that we have to Now, in regard to what the Senator from Kentucky says, my obser­ defend our rights in that direction. I hope it never will come. The vatiou, not to say experience, in this breathing world of ours is that day may come when itwill be necessa.ryto defend ournationalrights when there is a necessity to have food for powder, a soldier is a.good and interests in our southern borders and in the islands that occupy man, a splendid, brave, gallant man; everybody is in favor of the the sea there. It may be necessary to do a great many things as long soldier; he is a glorious man. His praises are sounded everywhere; as we are a nation, that require the exertion of force. It will there- he is f8ted as the defender of his country's honor; but when the time fore be necessary for a long time to come, certainly long enough to comes that there is no further need for his services, then-well he is enable us to abolish this provision, to bave an Army, and to have an_ a.n expensive luxury, and the tax-payer cannot afford to provide for Army that shall be as efficient as the Senator from Texas describes it the old worn-out decrepit man, no longer fit food for powder. His­ as it ought to be, as efficient as it is possible for wise legislation to tory repeats itself. make it-to make the mission of the soldier one of the orderly means After the treaty of Ryswick, when William III brought back from of Government, and if he has worn out his life in that mission by con- the continent his old battle-scarred veterans, perhaps the best-dis­ secutive and faithful service, to tako care of him when he is through. ciplined army of that day and time, an army that would have re­ It seems so to me. Therefore I sympathize with the proposition of fleeted credit on any government, that army, one would think by the S~nator from Texas. I think it ought to include the privates and looking at the debates in Parliament, was the most dangerous enemy I ra.ther think at this moment that it ought to be a consecutive serv- that England ever had; and the proposition was gravely argued to ice, to guard against the suggestion that the Senator from Kentucky disband the entire army, leaving England without armed protection. has so forcibly made. I shall vote for an amendment that will include I believe, for I am citing from memory of history, that ten thousand the privates when the matter can be put into a proper shape, but at men were finally left. It was a mere accident that it was ten thou­ this present time I doubt if it can be. · sand, for the design was to reduce it to five thousand; but a cer- M~. BECK. Will the Senator from Vermont allow me to suggest tain portion of the army happened to be serving beyond the British that the Soldiers' Home makes wonderfully good provision for many Isles, about five thousand, I think, and by ministerial construction of these men when they are worn out. it was held the bill wa.s not sufficiently broad to reach them; and l\Ir. EDMUNDS. So they do, but th_e Soldiers' Homes only make thus the army was retained at about ten thousand. It was then provision for those who are in special circumstances of disea.se or said-as the Senator from Kentucky says to-day-that war was over wounds received in service and se> on, and, th~refore, the Soldiers' and peace would henceforth bless the land; the lion and tho lamb Homes provisions do not cover the whole length and breadth of the can lie down together, and there will be peace in the land; but I case. Many an old soldier, a non-commissioned officer or a privn.te, think any one who will follow the history of Great Brita.in will see feels naturally a certain sense of dislike to going to a Soldiers' Home, that after 1698 there were wars, disastrous wars, that cost England jnst as in our States-- her best blood and involved that country in untold millions of pounds Mr. BUTLER. The Soldiers' Home costs the Government nothing. with a national debt mountain-high. It was after that, among many Mr. EDMUNDS. Everything that we have to do with costs some- other wars England has fought, our independence from her was won. thing. We tax the soldiers to support the Soldiers' Home, and wear- It was after that England fought Napoleon for so many long years range the pay of the soldier in such a way as to warrant that taxation. and that our last war with England was fought on land and sea. So when you come around to it after all the fact is, as it ought to be, In the United States we are at peace at this time. I hope and trust that the great body of the people pay for all things of that kind in in the good Lord that this country will al ways be in peace. I hope one way or another, directly or indirectly. But a great many men that there will never a time come when the:re will be need to hear a 2688 CONGRESSIONAL RECORD-SENATE. APRIL 23, hostile gun within our borders. But, sir, when we look back through Mr. ALLISON. That is the point to which I wished to call atten­ all history from now back to its earliest dawn we see that war always tion. has been going on somewhere, is now, and always will be. Indeed Mr. MAXEY. If one is bad in that respect, the other is. some philosophers have it that the normal condition of man is war, Mr. BURNSIDE. Will the Senator allow me to make a remark on and historical facts seem t o prove it. that subject~ The world has always been at war, and I greatly fear that some Mr. ALLISON. Certainly. part of t he world always will be; and t he greatest of all men this Mr. BURNSIDE. A soldier who is able-bodied will not retire at country has ever had enunciated n. doctrine as different from that of forty-eight, bec2.use he can stay in the Army and get full pay. If he the Senator from Kentucky as the zenith from the nadir: ''In peace has served thirty years and is still able-bodied a t forty-eight years prepare for war." How better can yon prepare for war than to tell of age, he will keep on serving until he :finds himself unable to keep the men who serve your country and serve it where death-darts fly in the service, because ho would rather have full pa.y than three­ thickest and swiftest," If·you serveyourcountryfaithfullyand well, fourt hs pay. When he is absolutely disabled, disqualified for service, meeting its enemies on t he battle-field whenever and wherever com­ then he will retire, it may b e after forty years' service. manded to meet him, when your hair is blossoming with the gray In the next place it must be understood that no soldier is re-enlisted your country will provide you and your old wife a home." It seems at the end of five years' service when there is the slightest cause for to me that is wise. Say to them you will not be turned out to die not re-enlisting him. It is put upon every discharge paper whether like a dog, for republics are not ungrateful. there is any caase why he E?hould not be re-enlisted. Therefore a man But it comes with a strange note from one who voted as I did (and at the end of every five years has to present a clean record, and a. man I am in favor of it) to put upon the pension list the veterans of the who has staid thirty years in the Army, who has given thirty years' Mexican war who served their country three months, six months, continuous service to the Army of the United States, is sure to be twelve months, or two years-and then oppose this bill. Both posi­ found to be a good man. There is hardly such a thing on record as tions are maintainable and in.perfect accord. The Senator from Ken­ a bad man who has served continuously for thirty years. tucky voted for the bill to pension our soldiers of the Mexican war, Mr. ALLISON. The chief argument made by the Senator from but now opposes this little bill that puts on the retired list forty-one Texas in favor of this bill-and I quite sympathize with him in most or forty-two men who have served for more than thirty years, some of of what he says-is that these non-commissioned officers should be w horn were in the Florida war, in the Mexican war, and in the late war placed in the same relation to the service as the commissioned officers under the flag of the Union. There should be consistency in all things. occupy. I quite agree with that; but when I examine the statute Of course 1 know that all Senators vote j ast as they think is best, with reference to the position of the commissioned officer8 I find that most patriotic, wisest, and for tho good of the country. These men they occupy a very different position from that proposed in this bill. have no great political influence behind them; they have not even In the first place no officer in the Army can be retired until he has the privilege of a vote; they rely upon the Committee on Military been forty years in t4e service. Affairs to present their claims, and the committee has discharged that Mr. MAXEY rose. duty faithfully, and, fortunately for the country, as Ame1icans look­ Mr. ALLISON. The Senator will wait a moment; I have the stat­ ing te the good of the country, and not as partisans, for there was ute right before me. The object of that provision is that an officer not the slightest touch of party in the action of the committee. shall not be retired below the age of sixty or sixty-two years. On his Mr. President, after all the fact remains, and the Senatorfrom Ken­ application the President in his discretion, acting in each particular tucky, with all.the logic that he bas-and I concede that he is very case presented, may retire an officer when he has served thirty years. logical, indeed-cannot get rid of it, that the officers, with their sal­ Mr. EDMUNDS. Or on the report of a board. aries running up to, I believe, S17,000, if they have served the same Mr. ALLISON. Or on the report of a board where he is incapaci­ length of time, can retire with 75 per cent. of their pay; but when a tated by service. AU these provisions are put in for the purpose of poor enlisted ma.n comes and asks yon to place him, with his small protecting this retired list; but here we find this Military Committee, pay, on the same footing, neither better nor worse, the same men who claim to be the only guardians of the soldiers in this body, coming who make no effort t-0 take that law off the statute-book say, ''No, in with a proposition that these soldiers shall be placed on a different the back of my band is to you." Well, Mr. President, that is not ac­ position from that now occupied by the officers of the Army. If the cording to my ideas of justice. Senator from Texas will amend his bill so as to place the non -com­ It is said that this may in time extend to the private soldier, the missioned officer in precisely the same relation aHd position now occu­ enlisted man. I do not think it would be proper at this time to try pied by the commissioned officers I think I should vote for it very that. This is an experiment. If it works well, as I hope it will, the cheerfully; but there is in the bill a provision for thirty years of con­ time may come when the Congress of the United States may in its secutive service that I believe the committee propose to strike out. wisdom see proper to extend the provision. At present I think that I think there is a great deal of force in what the Senatorfrom Ken­ the Senate would do well to go no further in the bill than the com­ tucky said about the provisions of this bill. A large number of sol­ mittee has gone. Certainly when we make in less than a week forty diers in the future may under it be placed on this retired list at the pensioners for life, and we do it every week, and when the entire age of forty-eight years. The suggestion made by the Sena.tor from Calendar and all the business is set aside when the chairman of the Rhode Island does not change that, I think. They are placed on the Committee on Pensions says he wants to take up the pension cases­ retired list with three-quarters pay. when they can engage, at, forty­ when you make more than forty pensioners for life every week, it eight years of age, in other business. It is not so with the commis­ does seem to me upon the same principle, if the object is to provide sioned officer, because the commissioned officer at the end of thirty for the meritorious, these men oµght to be provided for. years has his eye on promotion; he may become a major, a colonel, or Why, sir, take a case: A man goes into a battle, he is not wounded; a general it may be. he gets no pension. Is there not as much merit in his :fighting bravely Mr. MAXEY. I want to call the :i.ttention of the Senator from Iowa under the same flag in the same rank, side by side, with bis neighbor to this fact, which doubtless will attract his attention if he looks at who is shot down Y That one who is shot down is pensioned because it, that the commissioned officer need not do any act of special merit under the wise and liberal theory of the law he has been in a merito­ to entitle him to the privile~es of the section in respect to the retired rious service, and has thereby become disqualified for making his liv­ list for officers; a non-coIDIIllssioned officer must have served a.'3 a non­ in

Mr. CONKLING. What is the resolution f EXECUTIVE SESSION. Mr. COCKRELL. I ask that it may be read for information. . Mr. EDMUNDS. It is necessary to have a short executive session. Mr. MAXEY. I have no objection to accommodating the Senator Mr. GARLAND. I will change my motion from a motion to ad­ from Missouri, bu~ I do not want this bill to lose the position tt now journ to a motion for .an executive session. has. If that resolution is called up, I desire it to be understood that The PRESIDING OFFICER. The Senator from Arkansas moves this bill is temporarily laid aside, subject to call at any time. that the Senate proceed to thl\ consideration of executive business. l\!r. COCKRELL. Certainly. The motion was agreed to; and the Senate proceeded to the con­ The PRESIDING OFFICER, (Mr. INGALLS in the chair.) The Chair sideration of executive business. After.twenty-three minutes spent understands the bill will retain its place at the head of the Calendar. in executive session the doors were reopened, and (at four o'clock and Mr. COCKRELL. Let tbe resolution I have referred to be read. fifty-eight minutes p. m.) the Senate adjourned. The PRESIDING OFFICER. The Senator from Arkansas baa moved that the Senate do now adjourn. Mr. COCKRELL. He withdraws that, I hope. · Mr. GARLAND. I withdraw tbat at the request of the Senator :from Missouri. HOUSE OF REPRESENTATIVES. Mr. CONKLING. I should like to know before we go further what has become of the business thus far f Where is the regular order FRIDAY, April 23, 1880. mo;v I inquire f :hfr. MAXEY. That was laid aside inf9rmally. The House met at twelve o'cloe on that bill ever since, and with paper, printing, signing. and transmitting circulaticn to national banks each year, very bad success. Now I will ncJt object to the Sena.tor from Colo­ from 1863 until 1880, and the aggregate of said payments in said term. Fifth. Any and all other payments of money made by the United States for or on rado ·putting his bill in front, but I do give notice that I will object, account of national banks not 'included in the foregoing specifications, if any there if an objection can avail, to giving precedence to other bills on the be, eMh year, from 1863 until 1880, with the aggregate thereof. Calendar. It seems to me that these bills which are thus to be left Sixth. Thai aJ1 of said payments so made by the United States for, on account behind ought to have some possibility, some time or other, of being of, or connected with national banks, during said term., be footed uR, that the aggre­ p;ate of aJ1 said payments may appear to the credit of the United :States :md to the Teached. Therefore, although I do not object to this request, I hope debit of said banks. no other Senator will ask to advance another bill to the detriment of That said account also contain the following to the credit of said banks : those already on the Calendar. First. The amount of all taxes paid by the national banks to the United States is up0n their circulation each year from 1863 until 1880, and the aggregate thereof for Mr. TELLER. I will state that this a bill which I reported from all the years. "the Committee on Claims, but when it was reached on the Calendar Second. The amount of taxes collected from and paid by national banks upon I was not here, and it went over. deposits, and for stamps not required to be paid by State baliks and bankers, if any The PRESIDING OFFICER. The Senator from Colorado asks that there be, but not including any tax required to be paid by State banks, the same as natictnal banks, each year from liili3 nnfil 1880, with the aggregate of said payments the bill indicated by him be placed on the ealendar next to Senate if any were made. · bill Ne. 1331, which has been lately under consideration. Is there Third. All money paid by national banks upon their capital not invested in United -objection t The Chair hears none, and that order will be made. States bonds, to the United St.ates each year from 1863 until 1880, with the aggre- X-169 2690 CONGRESSIONAL RECORD-HOUSE. APRIL 23~

gate thereof, not including, however, any such tax required to be pa.id by State ORDER OF BUs:rnESS. banks and private bankers, as well as national banks. The SPEAKER. The gentleman from New Hampshire having de­ Fourth. That any sum or sums paid by national banks to ~he United States under requirements of law, not included in the foregoing specifications, be also stated~ and manded the regular order, the Chair has no option but to recognize due credit therefor be given said banks for each year from 1863 until 1880, anu the the dbmand. • &g.1?1'6gate thereof. The gentleman from Ohio [Mr. McMAHON] asks unanimous consent. Fifth. That a balance be struck, showing the amount due the Government for, money paid to and for the national banks up to 1880, or the amount due said national to make a proposition touching the 0rder of blisiness. be, and that said account be duly signed by the proper offi- There was no objection. ~!;•,fu! ~:v~~~{ Mr. McMAHON. This is private-bill day, as we all know, and there .Also, that said account state all the expenses incurred by the United States for are a great many bills and reports of a private nature on which gen­ the issue of legal-tender Treasury notes of the Government called greenbacks, each year from 1862 until 1880, and the aggregate expenses during that time, and tlemen desire the action of ·the House. I dislike any further to an­ that the difterence, if any, between the cost of national-bank notes and of legal­ tagonize private-bill daywithont giving something in return therefor. tender Treasury notes be made to appear in said oocount. I therefore ask unanimous consent that the business of to-day and that of to-morrow shall be transposed, so that to-morrow shall take the NAVAL ffiSTORY OF THE WAR. place of to-day as private-bill day, and that to-day we proceed to On motion of Mr. FRYE, by unanimous consent, Senate bill No. 888, public business so aa to finish up the immediate deficiency bill, and authorizing the compilation and printing of the naval history of the that to-morrow be assigned for private business. war, was taken from the Speaker's table, and referred to the Commit­ Mr. GARFIELD. That is, that to-morrow be treated as if it were tee on Naval Affairs. private-bill day. WILLIAMS. BURGESS AND OTHERS. The SPEAKER. The object being to dispose of the. immediate­ Mr. DIBRELL. I ask unanimous consent that House bill No. 709, deficiency bill as soon as possible. for the relief of William S. Burgess and others, be taken from the Pri­ Mr. GARFIELD. I have no objection to the proposition. -vate Calendar and put upon its passage. This bill passed in the l\Ir. CONGER. I do not object to it, if it be understood that we Forty-fourth Congress, passed in the Forty-fifth Congress, but failed shall have to-morrow for private business. in the Senate, and it is the unanimous report of the Committee on Mr. O'CONNOR. I desire to make one inquiry about this. Will it Claims at the present Congress. be understood that no motion to adjourn over till Monday can cut off Mr. BREWER. I object. that order if now made by unanimous consent Y The SPEAKER. The Honse which has voted unanimously to meet KIMBERLY BROTHERS. for private business to-morrow would hardly indorse a resolution to­ Mr. GOODE. I ask unanimous consent to take from the Private adjourn over. Calendar the bill (H. R. No. 3290) for the relief of Kimberly Brothers, The arrangement proposed by the gentleman from Ohio is that to­ for consideration at this time. day the deficiency appropriation bill be proceeded with, and that to­ Mr. BRIGGS. I object. morrow shall be assigned to private business as if it. were Friday. Is JOHN G. ABERCROMBIE. there objection T Mr. GUNTER, by unanimous consent, introduced a bill (H. R. No. There was no objection. 5898) for the relief of John G. Abercrombie, of Arkansas; which was Mr. McMAHON. I now move to dispense with the morning hour. read a first and second time, referred to the Committee on the Post­ The motion was agreed to; two-thirds voting in.favor thereof. Office and Post-Roads, and ordered to be printed. Mr. McMAHON. I move that the Honse resolve itself into Com­ mittee of the Whole on the state of the Union for the purpose of re­ HEZEKIAH l't11GEHEE. suming the consideration of the immediate deficiency bill. Mr. GUNTER also, by unanimous consent, introduced a bill (H. R. The motion was agreed to. No. 5899) for the relief of Hezekiah McGehee; which was read a first The House accordingly resolved itself into Committee of the Whole and second time, referred to the Committee on the Public Lands, and on the state of the Union, Mr. WmITHORNE in the chair, andresnmed ordered to be printed. the consideration of the bill (H. R. No. 4924) making appropriations OPERATIONS OF LIFE-SAVING SERVICE. to supply certain deficiencies in the appropriations for the service of the Government for the fiscal year ending J nne 30, 1880, and for other Mr. CRAPO, by unanimous consent, submitted the following reso­ purposes, with Senate amendments thereto. lution; w~ch was referred to the Committee on Printing: The CHAIRMAN. The gentleman from Maine [Mr. REED] is en­ Jle,solved by the House of .Representatives, (the Senate concurring therei,n,) That there titled to the ~rand has twenty-eight minutes of his hour remaining. be printed 10,000 copies of tlie Report of the Operations of the United States Life. Saving Service for the year ending June 30, 1879, without the accompanying talies, . REEP. I am aware, Mr. Chairman, of the difficulty of stating for distribution among the officers of our merchant marine, through the collectors s gestio s such as I have been making in this interrupted way, and •of customs, under the direction of the Secretary of the Treasury. of t e disadvantage under which I labor of not having the ben- MESSENGERS IN HOUSE POST-OFFICE. f ggestions which come from previous disc11ssion. I must. acce he situa.tion with all its disadvantages, and present the ideas Mr. HENRY. I ask unanimous consent tio repo~t from the Com­ I hav in the crude way which circumstances render necessary. But mittee on Accounts e.t this time a substitute for House resolution con­ I have a few more suggestions to make with regard to the practical cerning the messengers in the House post-office, and ask for its im­ effect of this amendment with regard to its tendencies as affecting the • mediate consideration. election laws, and I ask the attention of members of this House,. Mr. BRIGGS. I object and demand the regular order. because I believe that the suggestions which I am to make are mat­ The SPEAKER. Is the report the gentleman desires to make a ters of importance and worthy of their attentive consideration. Those privileged report Y suggestions are founded upon the practical working of election laws. Mr. HENRY. No, sir; it does not relate to the contingent fund of which will come out of this amendment. the House ; bnt I hope there wiU be no objections to its consideration. I called attention last night to the somewhat crude character of Objection was made. · this legislation. I purpose now· to show in particular where it does BRANNIN, SUMMERS & CO. not join on to the election laws which we already have. A court is Mr. CARLISLE, by unanimous consent, from the Committee on an institution which is to be set in motion from outside. It does Ways and Means, reported back favorably the bill (H. R. No. 62.3) for not proceed upon its own motion, but upon petition and action of the relief of Brannin, Summers & Co.; which was referred to the Pri­ other parties; and accordingly in section ~011 of the Revised Stat­ vate Calendar, and the accompanying report ordered to be printed. utes distinct means and methods and modes of procedure are pre­ sented for the appointment of supervisors and for everything con­ S. ROSENFELD & CO. nected with the title in which that section is to be found. Upon Mr. CARLISLE also, by unanimous consent, from the same com­ petition of two citizens in any city or town having upward of two mittee, reported back favorably the bill (H. R. No. 290) for the relief thousand inhabitants, and upon the petition of ten citizens in other of S. Rosenfeld & Co.; which was referred to the Private Calendar, places, the machinery of the c!ourt can be set in operation. And fur­ and the accompanying report ordered to be printed. ther along, in section 2026 there is provision how the court shall re­ LEGAL DEFINITIO~ OF THE WORD ORPHAN. ceive the information necessary to guide it in making the appoint­ Mr. BERRY, by unanimous consent from the Committee on the Pub­ ment of supervisors of election. And there is a provision in section lic Lands, reported the bill (H. R. No. 4561) to declare the meaning of 2013 of the Revised Statutes for a session of the court for particular purposes. the word "orphan;" which was referred to the House Calendar, and Now, in this amendment there is no provision whatever for setting the accompanying report ordered to be printed. the court i.Ii motion. There is no method of procedure provided EDWARD BRADEN AND J. W. ANGUS. whereby the court can be induced to act; and if it acts at all it has Mr. UPSON. I ask by unanimous consent to take from the Speak­ got to act upon its own motion; it has got to act without any means er's table the bill(S. No. 56) for the relief of Edward Braden andJ. W. of information, and to appoint large numbers, perhaps, of deputy Angus, to refer a claim to the Court of Claims, and ask for its present marshals without any means provided as to the inception of proceed­ consideration. ings looking to their appointment, or any provisions to give the court .Mr. BRIGGS. I object. I have demanded the regular order. information as to the character of the applicants for appointment• Mr. BRIGHAM. Mr. Speaker, I ask unanimous consent that the This of itself is a complete objection to this bill, arising ·from its very Committee of the Whole House on the state of the Union be dis­ nature. I am aware that it will be attempted to be said that section charged from the further consideration of the bill (H. R. No. 196) 2013 provides that the circuit court shall be in session for a certain and that it may l!e taken up·for present consideration. length of time to do business under this title in which the section is- 1880. CONGRESSIONAL RECORD-HOUSE. 2691 to be fonnd. But that business is confined strictly to business under Why is it, sir, that year after year, even day after day, the demo­ that title. cratic party in this House and in this country are attempting legis­ And in that connection I wish to call the attention of the Honse to lation like this, legislation which, while it may be fair-seeming on the nature and constitution of circuit courts of the United States. its face, is nevertheless insincere and a false pretense Y The answer The courts of the Unitecl States, except the supreme judicial court, to th!lt question requires the asking of some moro. which has certain powers conferred upon it by the Constitution of the Why was it, for ten years preceding the war, thn.t the democratic United States, are courts of limited and statutory jurisdiction. They party kept slowly and steadily solidifying itself into a party in favor have no common-law powers. There is no extension of their powers of human slavery Y Why was it, when the war broke out, that the outside of the letter and phraseology of the statutes. And in title 13, democratic party of the South went into the rebellion, and the dem­ chapters 1 and 8, will be found the whole, or nearly the whole, of the ocratic party of the North back into the breeching Y Why was it law in regard to the jurisdiction of the circuit courts. It will be that after the war was flagrant these men met together under the .found there that circuit courts have regular terms, and special terms lead of a discarded general, and resolved the very year before Appo­ in some of the States, and that there is considerable difference be­ mattox Court-House that the war was a failure 'f Why was it that ' tween the powers of the circuit court at special and regular terms in when we proposed in legal and proper fashion to make constitutional different States of this Union; and it is only inviting confusion to amendments abolishing slavery by virtue of law, long after it had attempt to bring this amendment within the scope of all of them. been abolished by virtue of facts, they found themselves arrayed in There is nothing·in the statute law that makes the circuit court which solid opposition to it 1 is in session for the purposes of a particular title, namely, title 26, in Why was it that when we came to the question of the honest pay­ session for the purposes connected with this amendment. This amend­ ment of the debts of the country the democratic party arranged itself ment is not within that title, is not put there in terms, and there is solidly in favor of partial or total repudiation of those obligations Y nothing whatever in the amendrqent to bring it within the reach and WI1y was it that they came before us discarding their own leaders scope and sweep of that title. and adopting men they had received from our party T Why is it, in This view of the case is confirmed by the language of the amend­ a single word, that always for the last twenty-five years upon points ment itself. If section 2013 of its own vigor attaches itself to this about which there is no dispute now they have al ways been wrong f amendment why is this language used in the amendment: I do not talk• now about matters that can be discussed; I talk about Should there be no session of the circuit courts in the States or districts where matters done by us which not half a dozen men on the other side such marshals are to be appointed, then and in that case the district judges are would want undone to-day. Why is it that they have always gone hereby authorized to convene their cou:rts- wrong upon those subjects and have always taken wrong positions f Which courts, by the way, district or circuit T­ I will tell you, my friends. The notion that a party is made up for the aforesaid purpose. like a subscription to a la-dies' magazine, by sending out a declaration If section 2013 applies, this language would have no force and be of principles, is a mistake of world-wide significance. Men associate utterly unnecessary. together because they are progressive, because they are honest, be­ If there was sure to be a session of the circuit court, as there must cause they have purposes connected with the furtherance and im­ be under section 2013, it would be the height of absurdity to provide provement of government. Other men associate together because for a failure which could never occur. Evidently the Senate did not they are conservative, because they are opposed to progress, and be­ contemplate any action: by virtue of this amendment under section cause they are not on an average sufficiently enlightened. 2013. That is the plan on which parties are formed. They are not formed Consequently we are remitted to tlie uncertainty which I have al­ to meet future issues. The future issues spring up, and parties deal ready pointed out, and to the uncertainty which has been commented with them according to their constitution and their nature. upon so ably elsewhere that I should feel it to be a work of superer­ The difference between the republican party and the democratic ogation for me to go over the ground. party is founded on this principle. All parties act from a common I put the point in this way: there stands in the way of this pro­ average. There is a great deal more of the government of the people posed legislation very many doubts and difficulties connected with in this country than is generally admitted even by ourselves. The its interpretation. What is the nature of the work that this amend­ people express their average intelligence every tim-e they come to the ment provides shall be done t It is not a matter that admits of dal­ polls, and every party expresses its average intelligence. The reason lying. It is a matter that must be done at once. So executive is it we have been right and they have been wrong has not been that they in its functions that unless it is done within the period of a few days had not brilliant leaders· it is because the average of intelligence it cannot be done at all. with us has been higher than the average of intelligence with them. Suppose that yon grant that every one of the difficulties I have sug­ That is the whole secret of it, and it is an" open secret" to any man gested may possibly in time be overruled by the courts, and they may who looks at the history of parties for the past few yea.rs. disco.ver some method or way of making this amendment consonant These are general principles ; let us descend a little to particulars. with previous legislation. Yet I say to you that until that -is done I say thu.t the democratic party for the last thirty years has not had there never can be anything but doubt and hesitation and difficulty an honest heart-beat north of Mason and Dixon's line. I say that in a matter where we need prompt, immediate, speedy, and righteous, they have continually come forward as a party of false pretenses. action. Now will the Congress of the United States, in view of these Why, look at the acts of this session. Only the other day they came circumstances, insist upon passing in this objectionable way this ob­ before us and delayed this very bill which we are now discussing by jectionable legislation 'f a bill presented by the gentleman from Indiana, [Mr. HOSTETLER,] I call your attentior.i to another point, and that is that every othe:r which was to deprive of the rights of citizenship every individual law in this land is self-executory, it does not depend upon the whim who had a claim against the Government, including, as was so elo­ of the executive power whether the law shall be executed or not. quently said by my friend from New York, [Mr. RICHARDSO.N,] the The law commands and he must obey. very· soldier who fought for his country. And for a day or two they When you take the power of keeping the peace out of the hands of actually kept up the pretense of pressing that ! They were beaten the executive department and transfer it to the courts, without mak­ and overthrown ; yet just think of it-the democratic party at this ing any provision whatever for the method of procedure or for the moment of all others proclaiming against the use of money in poli­ inception of action on the part of the courts, you leave it to the j udg­ tics! Why, in the very instant of one of their cataleptic spasms of ment and discretion ·of the tribunal whether the law shall be executed virtue let Samuel J. Tilden but stand visibly before them, pointing or not. It may be safely affirmed that an attempt like this is with­ his finger to the very least of his "barrels,'' and straightway there out a parallel not only in the history of this country but in the his­ would leap into that old, wizened, decrepit, and paralyzed frame a tory of civilizecl government the world over. strength and vigor mightier than ''the might of France;" for in that Now, gentlemen, I have made some remarks with regard to the attitude would be the potentiality of swinging the whole democratic nature of this non-partisan amendment. I desire to make one other party, North and South, by its noblest part, its long, majestic, and suggestion, and that is, in brief, the danger to arise at the polls from prehensile tail! [Laughter.] And yet, with that picture on the can­ putting there two sets of people to execute the law, two sets of peo­ vas visible to a whole continent, they come forward and pretend to ple who are appointed not irrespective of party but because of their talk about suppressing the use of money in politics. party affiliations. You will have a divided duty, a divided Execu­ I was greatly struck by an instance of their pretenses in the elab­ tin, an irresponsible hea-d, and the result will be that you will have orate speech which was delivered by the gentleman from Tennessee, nothing done. • [Mr. HOUSE.] He resurrected what I never expected to see dug up in That is precisely what our friends on the other side mean, and that this House-the committee for the investigation of frauds in the last is all they mean. They do not accept this amendment iu good faith. presidential election. Why, there has not been such a resurrection They have no idea. of making it a practical affair, but they intend to of dead and buried people since Kilpatrick saw the mummies of Peru go before the country pretending to accept it while in reality ignor­ rise and range themselves on the sea,.coast line of South America. ing it. I venture to say that there is not one of them who will stand Well do I remember the launching of that illustrious committee. up here and say that if he had the power he would put this amend­ Never was there on earth such an awe-inspiring pageant. The air ment upon the law even with its broadest scope, with proper restric­ was thick with the coming storm. Across the leaden sky had flamed tions, limitations, and methods of procedure. Anderson, a red-haired portent, who afterward proved to be the loft­ !'Venture to say that I have made suggestiqns which justify our iest liar of historic Christendom. side in the struggle which we have ma-de for the right of free discus­ Men went about with hushed voices, w~spering to each other of sion of this subject before the House, and I venture to say also that dreadful possibilities. The faces of the democracy were radiant with I have made some remarks which justify or excuse our friends on the a solemn joy. Now a.t last the usurper who had done them so much other side in refusing to give it to us. [Laughter.] harm should be hurled from his throne; and Tilden, Samuel J., the 2692 CONGij,ESSIONAL RECORD-HOUSE; APRIL 23,

wise, the virtuous, the illnocent, the reformatory, should stand before this amendment T Is it for this that they spent two days in a solemn the world visibly what he had always been spiritually, ''the Lord's struggle7 The gentleman from Maine [Mr. FRYE] said something anointed." We, for our p::i.rt, sat here snllenly rounding our backs the other day about a mouse, which might not be inapplicable just to moot the coming storm. When the Speaker announced the mem­ now. bers of the committee on the other side, it became perfectly apparent I hope that the argument which has been presented satisfies gen­ that the supreme hour of battle had oowe and the household troops tlemen on the republican side. It certainly does this side. When I had been ordered up. There at the he~d was a polished and able gen­ consider, Mr. Chairman, that at the present time we have the delight­ tleman, taken some years ago from our ranks, and who had voted with ful English opera in our city, with its soft strains of beautiful music, us often enough since to give the people the idea. that he was respect­ and next week are to have the French opera, it is cruel and extraor­ able and to be trusted [langhter]-a gentleman to whose fairness and dinary that an intelligent body of men should be compelled to sit impartiality in everything except his report I bear cheerful, cordial, here for an hour and be sawed as the gentleman from Maine sa.wed andwillingwitness. NextcamemyfriendfromOhio,[M:r.MclfA.HON,] both sides of this Honse for one hour. This is too much for human I keen and subtle, than whom there is no man in five kingdoms abler nature ! [Laughter and applause on the democratic side.] We may to dig a pit for a witness and sweetly coax him into it. And there, be deficient in intelligence, as the gentleman suggests, but we are not to give a tone of chivalry to it, was my friend from the seventh dis­ destitute of nerves. trict of Kentucky, [Mr. BLACKBURN,] then as now undallying and A MEMBER. Does he mean sawed or bored Y [Laughter.] undon bting, and consequently undastardized and undamned. [Laugh­ Mr. McMAHON. Mr. Chairman, I have reserved twenty minutes ter.] Time would fail me to give an Homeric catalogue of all the in the close for the purpose of stating a few general propositions great souls of heroes who went down to dusty death. [Laughter.] which I might have desired to state without ha.ving heard the gen­ It is enough to say that they were the bright, consnmmatefl.ower, the tleman's argument. While the objection made on that side is that cream, or, to use a metaphor more suitable to the subject, the com­ the democratic party has been putting politfoal riders on appropria­ bined sweetness and strength, the very " rock and rye :7 of the democ­ tion bills, gentlemen present the queer spectacle of approvin~ a cer­ racy. [Laughter.] tain measure as an independent measure, and yet voting agamst an I saw that expedition set forth with much boom of cannon and appropriation bill because this measure is ingrafted on that bill. much fl.oat of flags. Five months afterward I saw it-drift into port They say they do it because these measures are political riders. And dismasted and dismantled. In silence and sadness, the sorrowing they are opposed to riders. survivors, on the heel of the session jostled by every job and hustled What is a political rider! My friend from Maine [Mr. REED] ad­ by ten-dollar claims, disembarked their precious freight in two par­ mitted yesterday that no party as a party objected to legislation on cels-a little one containing what they had to say about our alleged an appropriation bill. As a matter of fact, the President scarcely frauds, and a big one containing their real ones. What was the rea­ ever signs an appropriation bill which does not contain some legisla­ son of all this shipwreck of bright and high endeavor Y Why between tion. The objection, therefore, is not to legislation on appropriation those days had rolled twenty-seven hundred 'pages of printed testi­ bills but to political legislation, as the gentleman himself has ad­ mony. Now I shall not say-yet I am afraid my friend the gentleman · mitted. And he says that we thereby mean to coerce the President. from Michigan [Mr. HORR] will never forgive me for not saying­ I want to ask gentlemen, in all fairness, this question: If they are ! shall not say that such is the nature of printed matter and of educa­ against having troops a,t the polls, and if they are at heart in favor tion and of intelligence and of types that it would be impossible to of having non-partisan marshals and of dividing them between the get together twenty-seven hundred pages of printed matter without political pa.rties, how does an amendment become a political rider there being a condemnation of democracy somewhere between its which ingrafts these idea-s on an appropriation bill Y It can only leaves. But I do say that the people day by day examined that tes­ become a political rider when gentlemen on the other side take the timony; and when they got through, all that vast pretense of fraud ground that they are in favor of troops at the polls as a party and vanished into thin air, and the public saw that Rutherford B. Hayes that they are opposed as a party to dividing the marshalB between had not played the knave and that Samuel J. Tilden had. the political parties and having them appointed by an impartial Time would fail me to enumerate all these matters. I bring these tribunal. If they will take this ground, I can understand the$. But up simply as samples showing what they have done. I affirm that how does a good proposition, approved by everybody, become a polit­ they have not throughout all this Congress come forward with a single ical proposition by being annexed to an appropriation bill Y This is measure which they believe in. All their noble energies have been a dilemma into which gentlemen are driven by :fighting to retain spent and exhausted in attempts to catch us in some mouse-trap or bad laws under a false pretense. other, like the bill of the gentleman from Indiana, [Mr. HOSTETLER.] And yet gentlemen upon that side of the Honse say that as an in­ ·All this arises from the inherent nature of the collection [laughter] dependent measure they would support the proposition in this bill; called democra.cy. I do not mean to say the difference between their that as an independent measure they are against the use of troops at average of intelligence and ours is so very great, but I say that the the polls, and are favorable to an equal division of the marshals, and difference is just enongh to make us take right positions on an aver­ for having them appointed by the courts. They must permit us to age and for them to take wrong ones on an average ; that is all. doubt their sincerity. The gentleman who last addressed this Honse [Laughter.] in his rambling tirade against our party-made much sport out of the With this pictnre or panorama thus carefully and considerately supposed attitude of the democratic members of this House upon the drawn, Mr. Cha.irmari, I want to contrast in just one or two words, and tariff as compared with the platform of the democratic party adopted then I have done, the action of the republican party of the United by the Saint Louis convention. I ask the gentleman to keep his eyes .States. I belong to it, and have always belonged to it; and I beg to a little nearer at home, as the .old hunter does, and perhaps he will say I am proud of the honor. I believe in it; I believe in its future; find a little better game. If the question of consistency is of any con­ I believe in its past; I believe even in its present. sequence, let him look into the present position of his own party. At When in 1860 we came into power, sixteen States of this Union were the extra. session we find them supporting an Army bill containing -black with the festering curse of Afrwan slavery, and over a vast em­ the identical amendment which was in the late Army bill. But we pire beyond the Mississippi the same portentous cloud hung black and find them turned completely around at this session, and refusing to lowering; to-day in all this Republic there is not one man who is big support the Army bill for the next fiscal year, because it contains this enough to bny and sell another. same prohibition of troops at the polls which they approved one year We found four millions of men slaves, and we left them all free­ ago. men. We found a war just becoming flagrant along a thousand miles What is the matter with gentlemen on that side 7 What change of border. That war we have brought to a close ably, deciaively, vic­ has come over them to induce this revolution in their sentiments ! toriously, mercifnlly. If the problems of reconstruction have proved What medicine have they taken Y Are troops at the polls a part of too much for anything but time, that universal solvent, neverthe­ the third-term programme 7 The claim is made that this is political less impartial history will ·accord to us that we have given to them legislation. It is not, unless gentlemen do not speak the truth when -the best of honest effort and of patriotic endeavor. ' they say they would support it as an independent measure. And when The finances of the country, entangled and overwhelmed in the con­ gentlemen undertake to evade the proper force and effect of their fusion of a great war, we have brought out of chaos up to the shining action in voting against an appropriatipn bill by saying that they heights of prosperity. are in favor of this as an independent measure but against it on the I need &ay no more. These and such as these are our arms, won in appropriation bill, they are not uttering the.true inwardness of their ob­ well-fought fields. These are our monuments; and whether the jection to it. Their objectiQn is founded upon different ground. They world be sixty centuries or six thousand old, I say that the sun in all are for troops at the polls, but they dare not avow it. They disguise his luminous marches from the east has never lighted up blazonry so their opposition under the pretext of hostility to riders._ And my honorable or inscriptions truer o.r more splendidly deserved. [Ap- friend from Connecticut [Mr. HAWLEY] professed to be in favor of the plause on the republican side.] · proposition but not in favor of it in this shape, because we sought to Mr. McMAHON. Mr. Chairman, belonging, as I do, to the party of coerce the President. ·"inferior intelligence," according to the gentleman who has just taken What do we understand by a rider Y Is all legislation on appro­ his seat, I regret that I should have reserved any ti.me for the purpose priation bills to be designated as riders Y I do not so understand the ·Of answering the extraordinary argnment he has made. I have lis­ term. .And the gentleman from Maine has just admitted that it ia _iiened patiently for an hour, with my limited intelligence, to hear some not. Legislation on appropriation bills becomes a. rider under tler­ important point, and when I remember that our friends on that side tain circumstances which are familiar to gentlemen. We had in­ sat for two whole days in the persistent obstruction of the public stances in the extra session. Legislation upon an appropriation bill business for this-[langhter]-for this and nothing more, I am lost in becomes a rider when one party refuses supplies for the support o1 amazement. Is this all that can be offered by them in opposition to the Government unless tbat legislat'ion shall receive the executive 1880. CONGRESSIONAL RECORD- HOUSE. 2693 sanction as the condition of the appropriation. We acted upon, that in the minority; make them, as the President suggested, so fair and principle at the extra session. We put our repeal of the election laws non-partisan that the minority will h 0ave no just grounds to com­ upon an appropriation bill and insisted that the President should plain." But how are we met 'F The republican party has professed sign it as the condition of the supplies granted. Whether we acted a reverence for fair and free elections ; but the veil is rudely torn in complete wisdom is not the question now to be considered. But from the party by such statements as that of the gentleman from whatever intimation may have be~ given out then as to our course Maine, [Mr. REED.] How is the hypocrisy of the republican party in case of a v~to, the situation is very different now. I ask gentle­ laid bare to the world when th at gentleman talked as he did, denounc­ men if any one upon this side of- the House, either privately or pub­ ing the idea of the Presider.: t that these laws should be made " non­ licly, has stated that the bill for the supportof the Army or t he defi­ partisan," and claiming for t he party in power all the officem of elec­ ciency bill should fail if the President refused his sanction to either tions, all the power, with not hing but submission for the minority! measure T Has any gentleman whispered any penalty against tile The great constitutional argument of the gentleman from Maine President if he fails to sign the bills 7 Did not both of the appropri­ was that we were confounding the executive and judicial duties of ation bills come from the Committeo on Appropriations without these this Government in providing that the judge of the court shon Id have clauses Y And when the amendments were put upon them by the the power to appoint deputy marshals instead of the marshal him­ House itself, one was the amendment which the President had already self. All I have to say about that to the distinguished gentleman is approved, and the other was invited by my colleague from Ohio, [Mr. this: let him take the case of Ex parte Siebold, one of the election GARFIELD.] • cases recently decided by the Supreme Court of the United States, I speak for every democratic member, I believe, when I say that, and he will find there the total overthrow of everything he has said whatever may be their opinion in general of the right of the House on this subject. There is not any trouble upon the constitutional to annex conditions to the grant of supplies f<1'r the Government, question. And there is no trouble in a supposed confusion of powers. there is no assertion of that right in this instance. The judge'of the circuit court is a most fit person to make the-ap-· Why, then, are these measures offered at all 'I They are offered to pointment of special deputiea. I appeal to every member within the test your sincerity. They are offered to test the sincerity of the Presi­ sound of my voice whether in his State a judge of the court is wt made, dent. I doubt the former. I have much more confidence in the latter. either by the constitution or by statute, a conservator of the peace. If we were pushing these amendments as political riders on appro­ It is so in my State. It is so in Illinois, Alabama, Indiana, Texas, and priation bills we would express our own views. We would renew the many others. programme of the extra session. . Mr. HOUSE. And it is so in mine. Instead of that, what do we do T We take the Army bill in the con­ Mr. McMAHON. It is so in almost every State of the Union. The dition in which it met the approval of the President of the United judge has the right to put down riots and to summon a posse as a States one year ago, and send it to him in the same shape precisely. conservator of the peace by the very natu,re of his office. What is The modification does not alter the situation. We present it to him more proper, then, than that these deputy marshals, who are only the again with full confidence that it will. meet his approval; especia.lly mushrooms of election times for the preservation of the peace about since my distin cruished colleague from Ohio made so forcible an argu­ the polls, should be appointed by those great · conservators of the ment for it at the extra session. When the marshals amendment is peace, (if there be a peace of the United States,) the judges of our looke.d into carefully it will be seen that we have acted on the same courts. It is eminently proper and right; and the circuit court of principle. We have proposed a measure that meets the approval of the United States is not lowered in its dignity by having the ap­ many on the other side of the Honse, that has been accepted by the pointment of these persms; nor will it be involved in political quar­ country as a fair settlement, and one that will meet the approval rels any more than by the appointment of supervisors, which it now of the President himself. We have sought to discover the views of exercises; nor does the theory of our Government suffer; nor are the fair-minded men, and we only ask for that which they themselves laws impaired in their efficiency. To make laws more just necessarily have offered to us as a fair solution of the difficulty. increases their efficiency. I hold in my hand, Mr. Chairman, the message of the President of And I would ask the distinguished "average intelligence" states­ the United States, vetoing the Army bill at the extra session, to this man from Maine this question: If the circuit courts can appoint su­ House on the 30th day of April, 1879. In that message he uses this pervisors of election, a.a they do under the present law, and these language: supervisors of election have the power to preserve 'the peace and to If well-founded objections exist against the present national election laws, all make arrests, in the absence of deputy marshals, as they have, by ex­ good citizens should unite in their amendment. The laws providing the safeguards press statutory provision, what possible objection can exist to cloth- of the elections should b&impartial, just, and efficient. They sh

I 2694 CONGRESSIONAL RECORD-HOUSE. APRIL 23,

section. And if new duties .are cast upon the court by an amend­ Mr. CALK.INS. Does this amendment change the existing law in ment to the election laws in that title, the provisions apply to all any respect f such amendments as well as to the original law. Mr. McMAHON. It certainly does not. The trouble with this little amendment which we are now discuss­ Mr. CALKINS. It is simply an appropriation to ca.rry on the sur- ing is not that it will not work in the way of having a perfect system veys! • of non-partisan men at the polls. The trne trouble is that it deprives Mr. DUNNELL. For a deficiency in the Land Department, the marshal of the United States, who of course is the mere creature Mr. l· rcMAHON. Strictly a deficiency for an object already ordered of the President of the United States, from putting at the polls such bylaw. persons as he ruay see fit, the consideration of whose employment The :tmendment of the Senate was concurred in. usually is the pm·chase of their votes or influence, and the votes of The uighteenth amendment was to insert the following : their immediate frknds. It accomplishes what our republican friends SMITHSO~'IAN INSTITUTION. do not want. It dq >rives them of an unfair, partisan advantage. National Museum: And no better evidence is desired of the propriety of the amendment For steam-heating apparatus and fuel for the new National Museum building, than the slender argument that has been made against it. $20,000. For water and gas fixtures and electrical apparatus for the new National Museum One moment more ancl I will have done. My time is up ; but I wish building, $10,000. to add a few words. The democratic party has made a long fight for free and honest election laws. It has asked two things that are fun­ The amendment was concurred in. • damental to any free and fair election. The great writer, Francis The nineteenth amendment was to insert the following: Lieber, in his Paper on Elections, says that elections are of no value SEYATE. unless certain conditions are fulfilled, among which he enumerates To pay Georp:e A. Clarke for services as messenger in charge of the official re­ the following : porters' room of the Senate from .July 1, 1879, to June 30, 1880, inclusive, $1,200. It is especially necessary that the Army be in abeyance, as it were, with refer­ The amendment was concurred in. ence t.o all subjects and movements appertaining to the question at issue. The twentieth and twenty-first amendments were in the following 3. All elections must be superintended by election judges and officers independ· ent of the executive or any other organizoo or unorganized power of government. clause: And the sum of $1,200, or so much thereof as may be necessary, of the unex­ Therefore we say, put these appointments in the hands of the pended balance of any appropriations heretofore made for the supp0rt of the south­ courts, the judges of which hold their places for life, and give us free ern claims commission is hereby reappropriated for the payment of a clerk, who and fair elections. Keep the troops from the polls. And when you may be appointed by the Secretary of the Treasury, at the rate of $100 per month, give us these we will have accomplished much for our country and to complete the records of the said commission and care for the same under the su­ for the cause of free government. We have had a long struggle. pervision of the Treasury Department. But public opinion bas vindicated our rights; and if we have not car­ The amend men ts were, to strikeout the words '' of the unexpended ried our views we have conquered to the extent of having at least balance of any appropriations heretofore made for the support of the fair laws for the protection of elections. southern claims commission," and also to strike out the word "re­ [Here the hammer fell.] appropriated" and to insert in lieu thereof the word " appropriated." The CHAIRMAN. The time allowed by the House for general de­ The amendments were concurred in. bat.e has been exhausted. The Clerk will now report the amendments The twenty-second amendment was to insert the following: of the Senate ; first, those in which the Committee on Appropriations For extra labor on the grounds, putting up seeds, and printing labels for the recommend concurrence; second, those, if any, in which the Commit­ Botanic Garden, $850. tee on Appropriations recommend concurrence with amendments; and The amendment was concurred in. third, those in which non-concurrence is recommended. The twenty-third amendment was, after the words ":md that all The following are amendments in which concurrence was recom­ appointments of such special deputy marshals shall be made by the," mended by the Committee on Appropriations: to strike out the words ''judge of the circuit court of the United In the clause making appronriations for the public printing, to strike out States for the district in which such marshals are to perform their "$400,000" and insert "$300,000.f' duties, or by the district judge in the absence of the circuit judge" The amendment was concurred in. and to insert in lieu thereof these words: "circuit court of the United The second amendment was in the clause making appropriations States for the district in which such marshals are to perform their for the salaries and expenses of agents and surveyors, gaugers, stoi:e­ duties; but should there be no session of the circuit courts in the keepers, &c.; to strike out " $320,000 " and to insert " $313,000." States or districts where such marshals are to be appointed, then and The amendment was concurred in. in that case the district judges are hereby authorized to convene their The third amendment was to insert the following : courts for the aforesaid purpose." For dies, paper, and stamps, being a deficiency for the fiscal year ending June Mr. GARFIELD. Is that the whole amendment of the Senate 7 30, 1880, $51,283.10. The CHAIRMAN. It is. The committee recommend concurrence. The amendment was concurred in. Mr. GARFIELD. I move pr9 forrna to a.mend the amendment by The fourth amendment was to insert the following : striking out he last word. I have no time to enter upon a general For the continuation of the Coast and Geodetic Survey in the eastern division, · cussio of this question, as I would be glad to do and as I hoped (or Atlantic and gulf coasts division,) $7,500. do ; t I will offer a few reflections before the vote is taken. The amendment was concurred in. thin is more unfortunate than the persistent determination of a. The fifth amendment was to insert the following : ma or· of this House to tack "riders" upon appropriation bills, and For the continuation of the coast and geodetic survey in the western division, thu aka again the indefensible position of last session, that they (or the Pacific coast division,) $7,500. _ will coerce another branch of the Government to approve of an inde­ The amenament was concurred in. pendent measure in order to save the Government supplies. There The seventh and eighth amendments were to transpose the clause is no valid excuse for persisting in ~bis course. There is no good "For N~vy pensions to invalids, widows, minors, and dependent rel­ reason for not offering this amendment and passing it through both atives, $140,000," from its position in the House bill to come in after Houses as an independent bill. The majority have the power to pass the following.clause: it. and if it is made free from ambignity I hav~ no doubt it would re­ INTERIOR DEPART.ili!IID.'T. ceive many votes on this side. But the majority have adopted a. Pensions: method to reach the result which is universally acknowledged to be For pensions for Army invalids, widows, minors, and dependent relatives, sur­ vivors of the war of 1812, and widows of the war of 1812, $5,500,000. bad, and which they know is especially offensive to the minority. On this ground we are unanimous on this side of the House in the opin­ The amendments were concurred in. ion that this amendment ought not to be made to this bill. The twelfth amendment was to insert the following : In short, to pnt this measure upon this bill is a challenge to an in­ · For continuing the work of adjusting and settling the claims of the several dependent department of the Government, the Executive, to declare -States under the act of Congress approved September 28, 18.50, and the acts supple­ mental thereto and amendatory thereof, for swamp lands, including all claims for whether he will consent to be coerced in order to secure the neces­ -swamp-land indemnity, under the acts of March 2, 18.55, and March 3, 18.57, and sary appropriations. It is a revival of the controversy of the last -other acts, $6,000. session that ended so disastrously to the majority. Experience ought Mr. DUNNELL. I would like to have some explanation of this to have taught them wisdom and led them to offer this measure by amendment. itself. Mr. McMAHON. AB I understand the amendment it is fur this I now ask attention to the merits of the proposition itself. If the purpose: The Government of the United States some years ago gave point made by the gentleman from Maine [Mr. REED] be good, that to the various States the swamp lands embraced within their limits. the langnage of this amendment is such that its provisions cannot be The question arises, what are the swamp lands! I understand that fairly and fully executed, his objection is fatal to the measure. In States are claiming a great deal of land which are not properly my judgment, however, the pending clause, by necessary implication swamp lands. These lands must be surveyed and examined; and is a repeal of a part of one of the sections of the election laws, and tbe Government must have some one to protect its rights. There are hence must be incorporated with that section, and be construed and persons now in the field making this examination, and the appropri­ executed as a part of the whole body of the election laws, and I ation for the purpose has run out. Unless we make this appropria­ think any court would be compelled to construe it as a part of these tion I understand that the men will be withdrawn from the field and laws. Still, if there is a reasonable doubt on that question it is a. the work stopped. good reason why that doubt ought to be removed before the amend­ Mr. DUNNELL. The &xplanation of the gentleman is satisfac­ ment becomes a law. tory. Now, I call attention to the debate on another point. In all that 1880. CONGRESSIONAL RECORD-HOUSE. 2695 bas been said about it, I have noticed what appears to me an utter it a part of the election law. My friend from Maine [Mr. REED] has ignoring of one central fact in relation to the special deputy mar­ raised some doubt on that pqint, and in so far as that doubt is justified,. shals created by the election law. They are a class ofofficers wholly it is a fair argument aga.inst the clause. But we should look beyond unknown to the statutes of the United States except as they appear the mere word of the amendment to the objects of national good it in the election law. Marshals and deputy marshals have been known may be made to accomplish. I care but little for it as a mere settle­ in our statutes since 1789, and their powers and duties have been care­ ment of a present party controversy. fully defined ; but the office of special deputy marshal never existed No thoughtful man can fail to see great dan~er in a close and bit­ in this country until it was created and its duties defined in the sec­ terly contested national election. In common with my party associates tions of the election law of 1871. I believe that these election laws are great and beneficent safeguards To show how completely this office has been confounded in the re­ to the fair and free expression of the national will. Now, if the eent debate with that of deputy marshal, or genera.I deputy marshal adop.tion of a measure like this will harness the two gi·eat political as it is called by way of distinction in the statutes, I call attention parties to these election laws, by the bonds of common consent and to section 2021 and the sections immediately following. The duty of mutual co-operation for their enforcement, it will be a benefit that the special deputy marshal is to attend all pla.ces of registration and will far outweigh any slight advantage that can be gained by retain­ voting for members of Congress and" to aid and assist the supervis­ ing wholly within our party the appointment of a few officers to aid ors of election in the verification of any list of persons who may the superviaors. I believe this measure will not weaken bot will have registered or voted." This is the primary and chief duty of strengthen the authority of the election laws, and will remove from special deputy marshals. They are really assistants of the supervis­ them the only reasonable ground of complaint that the other side ors rather than the marshals ; and the fact that they are called spe­ have made against them. cial deputy marshals does not change the nature of their office or the I resist the amendment only because it is a rider which should not character of their duties. be a part of the appropriation bill ; but as a measure by itself, clearly. It is true that in the next section (2022) these officers are made and plainly drawn, I will cordially support it. I agree that ours is a oonservators of the peace; but so are the supervisors of the elections party Government, and I believe in-parties, especially in my own ; bnt and many other officeni. But with this exception the special deputy when we come to the ballot-box where citizens of all parties meet to marshals have none of the general executive powers which the law enjoy the highest rights of freemen, all parties shoula unite in enforc­ has confided to marshals and their general deputies. They have no ing these just and necessary laws designed to secure free, fair, and authority by virtue of their appointment as special deputies to make peaceable national elections throughodt the Union. arrests and summon the posse comitattis to put down violence at the I now withdraw my formal amendment. election. This they can do only when the marshal under his hand Mr. KEIFER. I renew it; and I have but a word or two, Mr. and seal in writing specially empowers them so to act, as provided in Chairman. I regard this clause relating to the mode of appointing section 2024. But the general deputy marshals are required to exer­ special deputy marshals as a piece of the proposed legislation which cise these powers by virtue of the office they hold as defined by the we have had pending along through the entire life-time of this Con­ law. :From this review of the statutes it will be seen that the chief gress, all of which tends, and was so intended, to hedge about the duty of ·the special deputy marshals is to accompany and assist the powers of the Government and to so provide when wrong is threat­ -supervisors of the election in the discharge of their quasi-judicial ened or actually exists at the polls on the part of those who are anx­ duties; that is, in scrutinizing and verifying the registration and ious to destroy the purity of the ballot-box, the Government should election and detecting a.ny fraud or attempted fraud. stand there mute and powerless. [Here the hammer fell.] This is a piece of it. lt is intended to lij"eak down the power of Mr. KEIFER obtained the floor and yielded his time to Mr. G~­ the Government at the very fountain-head and at the very source of FIELD. all our strength. Mr. GARFIELD. I thank my colleague. Let me follow this sub­ I do not agree with the remark made by my colleague [Mr. GAR­ ject a step further. The supervisor cannot leave his post at the bal­ FIELD] who has just taken his soot, that because this amendment lot-box to follow John Doe and learn whether he has registered or may be by implication a repeal of a portion of the election laws now voted under a false name; and therefore this section of the statute on the statute-books on the subject of special deputy marshals, that {2021) gives the supervisor an assistant, known as a special deputy it necessarily provides a mode of executing itself. It may be by im­ marshal, who goes out and verifies John Doe and reports the result plication a repeal and a total destruction of that pa.rt of our law which of his investigation to the supervisor. A.s this is their chief func­ I regard wise and necessary, and yet in and of itself not make pro­ tion, it is clear that the special deputy marshals, in their essential vision for a peaceful election or the appointment of these special character, are assistant supervisors, and their duties partake of the deputy marshals at all. It may be, in other words, a repeal without judicial character of that of their chief. adding anything or putting anything into the law which can ilake the Under the law as it now stands the supervisors themselves are ap­ place of what is repealed. 'I think this Honse already understands pointed by the courts and from the different political parties. Now, my views on this subject of the right and duty and the constitutional. can any valid reason. be given on. the merits of the case why their power of this Government to execute all its laws and especially assistants, whose first and chief duty is to aid them in the discharge election laws. I intended when I rose to make a remark in reply to of their quasi-judicial duties, should not also be appointed by the a reference of the honorable gentleman from Maine [Mr. REED] which. court as they themselves are appointed, without regard to political I thought was possibly, by implication at least, a little unkind to my affiliation 'Y The argument that these officers shoqld not be ap­ distinguished colleague from Ohio, [Mr. EWING,] who spoke the other pointed by the court because they are under the orders of the mar­ day after the previous question had been ordered. We had the ben­ shal falls to the ground when the plain fact is known that they efit of hearing what he had to say, but not the pleasure yet of read­ serve the supervisors rather than the marshal. But we are told that ing what he said. if the special deputies should be appointed from different political The honorable gentleman from Maine incidentally referred to a. parties there would be no unity of action among them in the execu­ recent election in Ohio in which my colleague was prominent, intend­ tion of the law. I am not willing to confess, for I do not believe it ing, I presume, to refer to the fact that he was recently the standard.­ to be true, that this country is so far gone into debasement and an­ bearer of the democratic party in Ohio in the election for governor~ archy that the fair-minded people in any democratic township or Now, in his defense, and I may add he can defend himself, I wish to ward can truthfully say, "There is no republican in this precinct who say he went into that campaign with a high character, not only as a can be trusted to aid in executing the election law," or that they civilian, but as a statesman and a soldier. He went there embodying will in any republican community say, "There is no democrat in all all that waa good, if there be any good, in the democratic party. He the borders of this district whom we can trust to help carry out a bad it all_with him, and he had clinging to his skirts some of the good fair election law." When I am compelled to believe this I shall say things gaihered when he trained in the gallant, chivalrous, patriotic, that my country is no longer capable of self-government, is no longer and progressive republican party. He also had embodied in himself worthy of freedom. everything good that belonged to the national greenback party. Our laws provide for summoning the posse 001nitatus as the extreme With all these things emblazoned on his banner, he went into that civil remedy for suppressing disorder and keeping the peace. What campaign under apparently favorable circumstances; but, Mr. Chair­ is the.posse comitatus but the whole body of by-standers-men of all man, be and his party were damned at the polls by the patriptia. political parties f The theory of our Government is that in the last peope of Ohio because of the conduct of the Forty-sixth Congress. in civil resort we summon all men without distinction of party to act the extra session in which the -democratic party proclaimed that we as conservators of the peace. If the by-standers, without distinction had a Government of so little value to the people of this country that of party, can be trusted to perform this important duty, surely we it should be starved to death, by withholding appropriations unl~ can trust such as the court on its high responsibility shall appoint to the President laid his constitutional powers at the feet of the demo­ aid in securing a fair election. It ought constantly to be remembered cratic party and allowed it to pa.Ba into laws the most vicious things that no one of these special deputy marshals has any power to put ever proposed by a legislative body in any civilized country. down a riot at the polls, unless the marshal, under bis hand and seal, A continuation of this evil and dangerous course here will call80 in writing, shall specially empower such special deputy to do that more men to be led to the sacrifice. Their political blood will be on thing. And let it also be remembered that this amendment in no way the heads o:f their own political friends. interferes with the power of the marshal to appoint a.a many general We are on the eve of the time when the national political ax will, deputy marshals as may be needed to suppress disorder. fall. I hope I am not altogethel!." a dreamer, forgetful of practical necessi­ [Here the hammer fell.] ties, but I have never been able to see why this measure cannot be Mr: KEIFER. I withdraw my formal amendment. executed fully, thoroughly, and justly, provided its language makes The Senate amendment was concurred in. 2696 CONGRESSIONAL RECORD-HOUSE. APRIL 23,

The next amendment of the Senate was read, as follows : I trust they will not be diverted from it because the gentleman who Amendment No. 24, page 7, insert ~e .foll?wing ~. . . . has it in charge, a man of learning and ability, and who has a pride For repairs to the 11onrt·honse building m the city of Washington, DIBtrict of in the structure, whose fame as an architect is well known, who is: Columbia, $800, or so much thereof as may be necessary. enthusiastic to complete it, presents himself and presses it with all the­ The CHAIRMAN. The committee recommend concurrence. earnestness of his nature. There ought to be a rule in reference to· The amendment was concurred in. these public buijdin~s all over the land. The Secretary of the Treas­ The CHAIRM:AN. The committee recommend concurrence in the ury asks no such thing as is requested here to complete the pnblic­ first Senate amendment bystrikingou.t $300,000 and inserting $250,000; buildings now in process of erection at Cincinnati, Chicago, or else­ so it will read as follows: where. There is no contemplation of finishing those buildings this­ PUBLIC PlillITJNG. yeu or the next year. The amount reybmmended is perhaps as much For the J;>Ublic printing and binding and for paper for the public printing, including as will be sufficient, or as much as is right and proper, and we go for­ the cost of printingtbeaebates and proceedings of Congress in the CONGRESSIO~AL ward slowly with them. Why, sir, should we deviate from that course :RECORD, and for the Departments, and for lithographing, mapping, and engraving, $250,000. here 7 Why is it necessary that thiR building shall be ready for oc­ cupancy by 1883 T Why shall we select that above all the other st:uct­ The amendment was agreed to; and the Senate amendment, as ures in the United States and urge it forward to completion, and say amended,-was concurred in. that building, and that alone, shall be put forward mpidly' There The CHAIRMAN. The Clerk will now read the amendments of 1he is no reason for it, and I trust if there is any preference to be given in Senate in which non-concurrence is recommended by the Committee -this matter, it will be given at those points of practical importance­ on Appropriations. where there are present and pressing emergencies that do not apply The Clerk read as follows : in this case. _ Sixth amendment, page 3, after line 15, insert: Mr. HUNTON. I am an economist in regard to the administration For continuing the construction of the north wing of the State, War, and Navy of the affairs of this Government. I go for the strictest economy in Departments building, 286,50\l. the expenditure of the people's ·money. But I recognize to the fullest Mr. HUNTON. I believe it is in order to move an amendment to extent that there may be a pd.I.icy inaugurated that may be charac­ ooncur, as a substitute for the report of the Committee on Appropria- terized as penny-wise and pound-foolish. I imagine, sir, that when tions Y J this question is sifted, a refUBal to concur in the amendment of the The CHAIRMAN. It will b in order. Senate may be characterized under the latter head. Mr. HUNTON. I move then to concur in the Senate amendment. It is not the question, Mr. Chairman, whether this is a costly, ex­ Mr. BLOUNT. I hope the motion of the gentleman from Virginia pensive, or elegant building. The plan of this building, the mode ll not prevail. There is no necessity as far as I am able to perceive, of its construction, all that has been determined upon l~mg ago. The that has been brought to the attention of the Committee on Ap- only question here for us to determine is whether this building shall opriations, for proceeding with such expedition in co1!1~le~ingthat be completed in the shortest practicable time, consistent With economy ilding, while there are several excellent reasons wh;v: it is improper in the disbursement of the people's money. "'· attempt to complete it with so much greater rapidity than any Now, I say, Mr. Chairman, that if this appropriation is withheld it other public building in the United States. And I desire to call at- not only delays the construction and finishing of this buildjng, but. -tention to some few facts in this connection. In the Forty-fourth entails a loss upon the Government of the United States. My friend Congress at the :first session there was appropriated for this building from Georgia [Mr. BLOUNT] says it does not matter whether this. $320 000. The second session appropriated $400,000. During the building is completed in one, two, three, or four years. If there is FortY-filth Congress, the ~st session, we appropriated $325,000, and no necessity :for its completion in a given time it ought never to have then ait the regular session we appropriated $650,000, and at the last been begun ; but being begun, it ought to be preRsed forward with session we appropriated the »nm of $515,000. There was, therefore, rea-sonable dispatch to a completion. There is a very good reason for­ appropriated by the Forty-fifth Congress $1,160,000, as compared with it, sir. We know that the archives of this Government and partic­ $750,000 appropriated by the preceding Comrress. ularly those growing out of the late war are scattered over this city We have already appropriated, sir, for the current fiscal year a in· buildings not fire-proof; and oae single fire in this city would much larger sum than we appropriated for any year during the Forty­ destroy papers and archives of this Gavernment that could not be re­ fourth Congress. We did appropriate a larger sum during theForty­ placed by ten times the amount asked for in this special appropria­ fifth Congress than during the Forty-fourth with a. view to complete tion for a deficiency. If it be necessary to preserve those valuable the east wing of that building for occupancy. This building like a papers, we ought to hasten the completion of the fire-proof building few others in this city under the charge of the officer who has con­ now in course of erection that they may ~e pr~served there for the trol of the public buildings has progressed much more rapidly than benefit of future generations. any other public building in the country. For the buildings under The Secretary of War, into whose charge this building has been the Treasury Department we appropriate from year to year at a rate committed \Jy the Congress of the United States, says that a failure -of progress far slower than those appropriated for in the District of to give this sum of money will not ouly retard the progres.s and com­ Columbia, and for the reason that all the buildings here are under the pletion of the building but will result in serious loss. I will read control of officers with whom we come in personal contact, and they a few extracts fram the rei?ort of Colonel Casey, of the Corps of are thus pushed forward. Engineers, transmitted by the Secretary to Congress as showing the Now, Mr. Chairman, there is no special claim that additional room necessity for this appropriation: is needed or that there is a public exigency demanding that this At the last session of Congress an appropriation of $600,000 was a.sked to con· building shall be completed with such expedition, while there is need tinue tbe work on this bnildfug durin"' the fiscal year ending June 30, 1880. This of additronal rootn for the use of many of t'fle public buildings in sum of money was carefully estimat,;8 to be barely sufficient, at the then current other parts of the country outside of the District. There is no pre­ prices of labor and materials, to carry on the work steadily and advantageously tense made that any economy would result from the hasty construc­ during the period named. The appropriation, as passed, however, contained only $450,000, specially applicable to the north wing. tion of the building in the matter of rent. It is well known to gen­ The work is, therefore, now left, as will be shown below, not only with a fund tlemen who have gone through it that it is a most extravagant build­ inadeguate for a vigorous prosecution of it uµtil the close of the present fiscal year, ing, and baa been carl'ied on at a rate of expenditure the interest of but also without the means with :w)licb stone and iron work may be procured ahead which it is not pretended is less than the rental fo.r buildings suitable to obviate an inevitable delay of some months in the work of constructipn during the best part of the next working season. Such delay would ~ea.tly extend the for the purposes of the Government would be. time necessary for the final c6mpletion of this wing, and entail, also, a consider­ I repeat, sir, that there is no pretense of economy in asking this able increase in its total cost, as is always the case with uncluly protracted work. appropriation. Moreover it is not expected that Congress will pass the next regular appropria­ Again, sir, the great idea upon which this item is pressea is that tion until' too late for it to be of service for the accomplishment of the desired end. this most expensive building shall be completed as rapidly as possi­ * * * * If, however, the $340,000 now needed should not be appropriated immediately, ble, while the other public buildings are allowed to progress slowly then no work can go on during the months of July, August, and September, isso; from year to year. This building, as I am told by gentlemen who and during the remaining part of the season, namely, October, November, and a. a.re familiar with foreign capitals, far surpasaes any in the most pop­ part of December, but a small force could be employed. The completion of this. ulous and important European states. I have been informed that it win.g would also be thereby unavoidably delayed fully one year. exceeds in style, in the details of its construction, and in its cost any­ Those are the reasons assigned by the Secretary of 'Var which ne> thing of the kind in Europe. Why, if this great display is to be had gentleman on this floor, I think, will undertake to qontrovert. in reference to a public building, should it be pressed forward at a [Here the hammer fell.] · rate of progress far beyond that permissible as to other public build­ 1\Ir. ELLIS was recognized, and yielded his time to .M r. HUNTON. ings in the country Y I say, Mr. Chairman, why should this building 1\Ir. HUNTON. I thank the gentleman for his c..ourtesy. be pressed forward to completion in preference to other public build­ If the Congress of the United States has commitied.itse11; to the ings throughout the country whiQh are urged upon Congress by rea­ building of ibis han.dsqme and costly structure, in the name of com­ sons of economy, by reason of high rents, and nepessities for additional mon sense if there b~ no money in the Treasury fur the purpose let us room for court-houses, for custom-houses,_and for revenue offices T go on and complete this building as fast as we can C!o it practic8:11y, The only reason given for it is that they are.anxious toge on and com­ with a due regard to economy. Do not let us delay its construct10n. plete it as r11tpidly as possible. That is no good reason. I trust the Do not let these archives of tbs Government be longer exposed to fire House will not adopt a policy of that ·sort and provide that this build­ than can be avoided. I say, Mr. Chairman, a refusal to concur in the ing shall be pressed forward in advance of the needs. and intere.sts of Senate amendment giving a deficiency appropriation to go on with the Govemmeilt, and adopt a different policy as to the other public the work on that new wing of the building would entail loss on the­ lmildings throughout the country. people of the United States and delay the finishing of this wing of. i880. CONGRESSIONAL RECORD-HOUSE. 2697'.

, that grand structure for the period of twelve months. My friend it is left in its present unfinished condition, or if the work of comple­ from Georgia [Mr. BLOUNT] read the amounts appropriated every tion is unnecessarily delayed. The building is now an unsightly ob­ year since the Forty-third Congress to this building. But he did not ject, and it would be but true economy to go right on and finish it.;. tell the House tha.t almost all of these appropriations were either to and the appropriations necess.ary for that purpose should be made. the wing for the State Department or the wing for the Navy Depart­ Mr. MCMILLIN. I rise for the purpose of opposing this amend­ ment, which ha e been completed and occupied by those two Depart­ ment, and wish to state to the members of the House some of the­ ments. reasons for my opposition. Mr. BLOUNT. I supposed everybody knew that. I oppose this appropriation in part because I am in favor of other­ Mr. HUNTON. Perhaps not. Everybody does not know as much sections of this country as well as of this city. It is evident to my as the gentleman from Georgia does. mind, as it must be to the mind of everyunp:rejudiced man here, that To show there has been no unnecessary money expended upon the we cannot complete all of the public buildings that are now in proc­ wing of the building that is now in process of construction, the report ess of construction within the next year. That being so, the ques­ says: tion. arises upon which of them shall we continue to work and upon· The total cost of the north wing of the building is not expected to exceed the esti­ which shall we suspend operations. mate given in my annual report for the year enCling June 30, 1878, namely, $2,192,· I ask gentlemen here who are clamoring to obtain appropriation.s­ 414.40, (unless there should be marked changes in the cost of labor and material!\) for public buildings that are needed at home to pause and consider-­ a sum less by about et ,172,000 than the cost of the south wing, of which the north the result of their action before they go on and make another lavish wing is to be essentially a counterpart. appropriation for the completion of this building. When gentlemen Now, if the Secretary has saved $1,172,000 in the construction of go home and are asked why it is that the court-houses, the post-offices,. the north wing over the south wing, it is evident to me there is no and the custom-houses that are needed all over the country have not unnecessary expenditure of the people's money in :prosecuting this yet been built, it would be well for them, if they vote for this appro-­ work to completion; and I trust, l\Ir. Chairman, that the committee priation, to acknowledge the truth and say that they preferred to· will concur in the Senate amendment and let the work be finished. spend money upon public buildings in Washington to making appro­ Mr. BLOUNT. I move to strike out the last word. priations for public buildings in other parts of the country. My friend from Virginia has been here for the last three Congresses Mr. CONGER. Does the gentleman. want this to be a sectional voting to sustain the Committee on Appropriations on their bills in governmentf relation to public buildings in the face of the very argument he has Mr. Mcl\IILLIN. I do not want it to be a sectional government. been making to the House for this amendment. I am not one of those whose patriotism is bounded by a river's bank I do not know why my friend should have so suddenly found that or by my State's line. l\Iy admiration and love for the country extend these reasons have so much force. The gentleman has never shown wherever [pointing to the eagle and the flag over the Speaker's desk]' his appreciation of them before by expressing ·his views to the House. that ftag floats or that e~~le soars. [Cries of "Good!" and applause Perhaps there may be reasons which the gentleman will appreciate. on both sides.] As gentlemen will bear me witness, I do not come There is nothing more natural than for a man to be careful of his here to throw fire-brands at those who oppose me. I have not there­ home interests. It may be possible that the gentleman unwittingly fore followed in the wake of my distinguished friend from Michigan and unconsciously may have been influenced by the fact that the in all respects. Now it crops out that we have already appropriated great bulk of this stone comes from quarries in his own State. for the south wing of the building under discussion between three, Mr. HUNTON. The gentleman must not measure my corn in his and four million dollars. What the entire building has thus far cost. peck measure. I know not; but altogether it :is to cost us between seven and ten Mr. BLOUNT. Not at all. Of course my friend is utterly unselfish million dollars-a building which has on. the outside enough banjo­ when he comes to anything that affects the interests of his people; work to make a thousand cottages, and on the inside enough beauty but it is a little singular that he should now for the first time have to make a hundred palace~t rivaling internally the Taj of the East. found these reasons. He talks of statements which have lately come Indies in beauty and the Alhambra of Spain in magnificence. To· from the officials in favor of this expenditure, and repeats every idea continue this extravagant work it is proposed ta make another large· of them before this House without question. For instance, he tells appropriation, which will necessitate the restriction of appropria.­ you that the east wing has cost less than t he south wing. tions elsewhere. Mr. HUNTON. The nortl). wing. Gentlemen say if we suspend this work there will be loss. How t · Mr. BLOUNT. The north wing is not yet in progress of construc- The building is being constructed of stone; and the material, if it is· tion. The gentleman must mean the south wing. · the sort that should be used in such a work, will not deteriorate with Mr. HUNTON. I mean the north wing. a few months' delay. Mr. BLOUNT. The north wing has not been constructed yet. The The gentleman asks me whether I am sectional. The very fact that comparative statements made from the Department as to the cost, I am not sectional makes me stand here and put in a plea in behalf· which the gentleman quotes, must relate to the south and east wing. of these court-houses and custom-houses all over the country which· Now, we all know that when the south wing was in process of oon­ are needing appropriations to continue the work upon them, as against strnction, the cost of labor, material, and everything else that en­ this appropriation. tered into it was far beyond the coat of such articles when the east Mr. CONGER. I asked the gentleman the question because he said' wing was constructed. My friend cannot expect the House to take he was in favor of appropriations for other sections. that comparison as any evidence in favor of this appropriation. Mr. McMILLIN. I know that the gentleman ha,s dwelt upon sec­ The gentleman says that we have :finished the wing for the State tional issues and admired sectionalism so long that when you speak Department and the wing for the Navy Department. He says that of a section he takes it in a contracted, not a patriotic sense. there ru:e important records of the War Department that shonld be [Here the hammer fell.] cared for. ow, that is not the reason given in the communication Mr. IlLOUNT. I withdraw the profornta amendment. from the War Department. There has been no representation to the Mr. BAILEY. I renew it. Mr. Chairman, I have not very much to· Committee on Appropriations that there were any records especially say; but I have been" infnsed" a little with this spirit of the" Amer­ 1 in danger, none at all. It is just an eager desire to go forward and ican flag" and that bird called the ' American eagle." [Laughter.]. complete this building. · I do. not believe with my friend from Tennessee [Mr. MCMILLIN] be­ Now, I repeat what I said a year since, that there should be some cause an appropriation is asked for a ~reat building in the District of system and method adopted and followed. If we are to go forward Columbia now in,process of construction that for this reason the pub­ and vote every dollar that can be used fol; the completion of this lic buildings throughout the country are going to suffer. I tell my building, if that is to be the principle upon which we are to act, let friend who is so patriotic in his thought and so eloquent in his speech. us apply it to all the public buildings all over the country. Let us that it is not because we are asking a little appropriation here for a run up our appropriation bills by the millions beyond what the Sec­ building in the District of Columbia that the public buildings tlµough• retary of the 1.'reasury or any other officer of this Government ever out the country are suffering. It is because-and I wish to address. contemplated or ever sanctioned. I hope we will not clo it. myself to some of the gentlemen on the A-ppropriations Committee, Now, why should we refuse to concur with the Senate in this amend­ more especially to my leamed friend [Mr. BLO~T] who has charge ment f It is only by our recent rule, requiring that we should go into of the public buildings-it is because the Approprfations Committe& Committee of the Whole for the purpose of considering the additiqnal does not bring forward its bill that we may vote upon it in the House· appropriations made by the Senate, that we are here at all. /And and push forward this necessary work in different sections of the- now my friend is not even willing that the conferenee committees of coun.try. . the two Houses shall consult over this matter and give us their opin­ In the great city where I live, and which I have the honor to rep­ ion of it. resent, we have a building in process of construction. Three o:r four­ Mr. GODSHALK. I did n,pt intend to say a. word on this subject, hundred thousand dollars have been expended upon it. The Govern­ and would not now do so except for some of the arguments which ment has made a contract for the stone. That material has come­ have been made here. I do not think the Government should put there from Maine and is upon the ground. We are waiting for a lit­ itself into the position of a man who has commenced a building which tle money to put it up; but before this Committee on Appropriations. he is not able to complete. bring in the bill and give us this money the cold of autumn will I have nothing to say in justification or in condemnation of the come, the winds and snow of winter will be upon us, and then we· expenditures heretofore made upon this particular building. For my must wait another year. My friend from Tennessee comes from a part I do not know whether they have been wise or unwise. But I warm climate, where the bload runs hot, and he does not imagine· do say that it would be wise to finish this building at once. I cannot that away up in the northern country we can only work four or five . but believe that the building would be damaged by the elements if months in the year upon eur public buildings. Therefore year after· 2698 CONGRESSIONAL RECORD-HOUSE. APRIL 23~

year goes around and we do not construct them, because of the delay amendments are withdrawn and the question, therefore, recurs o~ in appropriating the necessary funds. I say "the delay." Men here the motion of the gentleman from Virginia [Mr. HUNTON] that the are building castles in the air instead of public buildinI;,rs that the amendment be concurred in. people need. The trouble is not the lack of money. Good God! we The committee divided; and there were-ayes 51, noes 84. have all the money we want. So the amendment was non-concurred in. Mr. .l\IcMILLIN. Then, why do you not erect your building! The Clerk read the next amendment of the Senate in which non­ Mr. BAILEY. Because we cannot get the money appropriated, concnrrence was recommended, as follows : [laugbter ;] because you gentlemen here are bringing up your defi­ Ninth amendment. Insert as follows : ciency bills, are bringing up all sorts of political discussion, and mak­ Patent Office: ing speeches to be read next fall in your political campaigns. You To pay for illustrations for the Official Gazette, $3,299.22. are making presidential candidates and cabinets and all that sort of Mr. VANCE. I move concurrence in that amendment. thing, so that we cannot get a meritorious, non-partisan measure of The CHAIRMAN. The Committee on Appropriations recommend this kind through the House. non-concurrence in the amendment. I say again, the trouble is not want of money. We have plenty of Mr. ATKINS. Will the Chairman of the Committee on Patents money. The people are willing to spend all the money that may be give some reason why that amendment should be adopted 'I necessary in erecting all needful public buildings. In my judgment Mr. VANCE. I understand, Mr. Chairman, that it ls essential to the man who thinks he can make capital out of "retrenchment" in the illustration of the Gazette owing to the fact that the type in which the proper construction of public buildings necessary in this country the Gazette.was printed was very small and, as the type haa been en­ makes a mistake. I believe the people are able and willing to be larged, it costs something more than it otherwise would have cost; taxed a sufficient amount to erect suitable, and beautiful, and elegant and that this amount is lacking to finish the work correctly. That buildings for the use of our public officers and the transaction of pub­ is the information which I received in reference to the matter. lic business throughout the whole country. [Applause.] Mr. ATKINS. Is it for purchase of material T [Here the hammer fell.] Mr. V .A.NCE. I think not. Mr. BAYNE. l\Ir. Chairman, it is an important -inquiry at this Mr. ATKINS. How does he expect to improve the type without time whether or not the Government has money enough to erect this additional material f great building in Washington City and at the same time to do justice Mr. VANCE. Larger type was used and more paper, if I under­ to the various localities throughout the country. I desire to inquire stand correctly; but I am sorry I had not opportunity to look 'further now of the Committee on Appropriations whether they believe we into it. I am informed it is needed to complete the Gazette. can afford to make the appropriation demanded for this public build­ Mr. ATKINS. The Committee on Appropriations ha.s been informed ing in Washington by the amendment of the Senate, and at the same it is needed; but for one I have failed to learn how it is needed. I time make adequate appropriations for buildings in various cities of have made considerable investigation into this Patent Office Gazette, the country whose necessity and urgency are shown by the evidence and my opinion is it is an extravagant little luxary. That is my before the Committee on Public Buildin~ and Grounds. And if it opinion, and unless the chairman of the Committee on Patents can be the deliberate judgment of the Committee on .Appropriations and give some good reason why this ought to be allowed, for one I shall the judgment of the Honse that a sufficient sum of money cannot be vote against it, for I have failed to see any reason why it should be appropriated to finish this building in Washington and at the same adopted. time construct the necessary buildings throughout the country, then Mr. VANCE. I was sorry, Mr.Chairman, I did not have an oppor­ I say let us have the buildings throughout the country and let this tunity to look further into this matter. I should have done so if I work for the present be delayed. had had the time. I understand the reason is such as I have giveu, Mr. BLOUNT. Will my friend allow me to interrupt him f that larger type wa,g used in printing the Gazette. It cost more, and Mr. BAYNE. Certainly, sir. consequently there was a. deficiency. That is all I am able to say Mr. BLOUNT. The gentleman from Pennsylvania will observe that about it, but I have no doubt the facts are as I have stated. · while all the other public buildings in the country are exactly in the Mr. ATKINS. Until the facts are better known I think we had ·same condition as this, the Secretary of the Treasury has not asked better non.:.concur and let the committee of conference take into con­ . for a dollar for them. This building in charge of the officer control­ sideration and decide the question. ling the public buildings and grounds of this city by personal impor­ Mr. VANCE. This is a very small sum, I think-only 3,209-and tunity has been placed on this bill. It is impossible for us to attempt I hope it will not fail to pass. to construct public buildings throughout the country at the rate this The motion to concur in the Senate amendment was not agreed to. is being constructed in the city of Washington, and the Secretary of The next amendment in which non-concurrence was recommended the Treasury has never asked for it. was: Mr. BAYNE. Then, Mr. Chairman, I say in view of 'that, and in No. 10. On page 4, line 9, to strike out the words "to be used" and insert "and." view of the fact that the accommodations in the city of Washington The recommendation of the committee was agreed to. are adequ'ate to the wants of the Government, let us delay the con­ The next amendment in which non-concurrence was recommended struction of this work and let us make the necessary improvements needed elsewhere. was: t No. 11. On page 4, at the end of line 11, to insert" provided that such commis­ I wish to call attention to another fact, and I suppose other gen­ sion shall complete the same and make their final report on or before February 1... tlemen will be able to call attention to similar facts in their own 1881." localities, that in the judicial district of Western Pennsylvania, which The recommendation of the committee was agreed to. ' has paid into the Natio11al Treasury $84,000,000, which has paid into The next amendment in which non-concurrence was recommended the National Treasury internal taxes at the rate of $5,000,000 a year, was: we have no public building adequate to the accommodation of the No. 13. On page 4, line 15, t;o strike out 11 the passage of this ac• and insert -courts, adequate to the demands of the post-office and the other "April 1, 1880." want.a of the Government. And I know whereof I speak when I say The recommendation of the committee was agreed to. that the late judge of the United States district court for the western The next amendment in which non-concurrence was recommended district of Pennsylvania, a former member oft.his House, lost his life was: in consequence of bad accommodations, and the constant din and an­ 11 No. 14. On pa~e 4, lines 16 and 17. to strike out a sufficient sum is hereby ap· noyance that beset him and wore away his life in one of the rooms propriated " and lilSert 11 exclusive, $2,325." · he was obliged to occupy as a court-room when the circuit court was -sitting. There is but one court-room; there are frequently two courts The recommendation of the committee was agreed to. sitthlg, and the vast business of one of them at such times has to be The next amendm in which non-concurrence was recommended done in a side chamber. The lack of accommodations for the post­ was: No. 15. On pa~e after line 17, to insert, "Office of the Postmaster-~neral: office, pension, and internal-revenue business is also severely felt. I or the preparatio and publication of post-route maps, $5,000." have not time to explain a~ length. When a great crying necessity of that sort exists, appealing to . MONE . I move to concur in the Senate amendments. humane as well as business considerations, is it not fair, is it not r. Chair an, the amount appropriated for the last fiscal year for right, that the million and a half or million and three quarters of in­ thi urpo was $40,000. The Department recommended $50,000; habitants of Western Pennsylvania who have paid this vast sum of but i was ut down to the amount which I have stated. But there money into the Treasury should receive consideration in preference are so e acts connected with the service of that Department which to the city of Washington, whose necessities are not near so pressing T did not ome before the Committee on .Appropriations; for I am sure The CH.A.1Rl\1AN. The gentleman's time has expired. that if. they had they would have agr~ed to the Senate amendment; Mr. BAYNE. Just one word in addition. I wish to say, to this very and I desire now briefly to call attention to them. identical building in the city of Washington, Western Pennsylvania In 1he first place there are twenty-six employ6s now engaged in has made a large contribution and has paid for many a stone which the Topographer's Office who are to be paid out of this sum of $35,000 bas entered into it, and I say that, having done so, her claims :~ nd which was appropriated for this year. Out of this fund the Department her necessities being great should be considered, and if the Com­ must pay :fi.vedraughtl;lmen, two corresponding clerks, two map mo~t­ mittee on Appropriations cannot meet the demands of both, Western ers an'd binders, sixteen map-colorers, and a messenger. In add'ition Pennsylvania's business center, Pittsburgh, should have the prefer­ to this, changes are continually going on which require alterations -ence over the city of Washington. on these maps. For instance, last year there were eigh~en h°:ndred [Here the hammer fell.] and thirty-eight new offices added, and a great many discontrnued. The CHAffiMAN. The Chair will consider that merely formal Of course all these must be addea to or taken away from the maps, as._ 1880. CONGRESSIONAL REOORD-HOUSEo 2699 the case m&y be. This necessitates the publication of three or four Mr. MONEY. I am perfectly satisfied it ought. different editions annually with all the necessary work in their prepa­ Mr. STONE. I rise to support the motion to concur in the Senate ration. Intermediately the sheets require to be corrected and added amendment. to by hand. The necessity for this work being kept up constantly is If this side of the Honse had heard all that w.as said by the chair­ well known, because these maps are in constant use by the officers man of the Committee on the Post-Office and Post-Roads on the other and clerks of the Department in preparing the advertisements and side of the House in support of the amendment it would be unneces­ annual lettings, &c:1 and to enable them to keep up with all the de­ sary for me to say more. There can be no question about the neces­ tails of the service. When it is considered that, in addition to all this, sity of this appropriation. I have given it an examination within this snm of $35,000 must pay all the expense of stone lithographing, the last few days as a member of the Committee on the Post-Office mapping, photo-lithographing, engraving, mounting, coloring, and all and .Post-Roads, and I will state briefly what are the facts. the other minute details of that service, besides paying the twenty­ The appropriation last year was $35,000; but in the general defi­ six employes, it will strike every one that the amount appropriated ciency bill $5,000 more w~ added. As the chairman of the Com­ is entirely inadequate. The work must be done, and done promptly. mittee on the Post-Office and Post-Roads has said, the work has in­ It must keep up with all the changes in the postal service. These creased 14 per cent. over last year; and this appropriation of $40,000, employes are const::&tly engaged in their work. They have no holi­ as that of last year, is intended to be used to cover the salaries of days. In hot weather and at rul other times they·must be at their draughtsmen employed on current and new work, the engraving, work, because these changes must be kept up with and the maps pre­ lithographing, printing, coloring, and mounting maps, the purchase pared. Then the Department must be prepared to meet the demand of copper plates, lithographic stones, map paper, technical books and for these maps from all quarters. For instance, in 1879, 6,933 maps maps for reference, the payment of all the clerical .force, and all the were issued by the Department. Of that number 544 went to officers incidental expenses. and clerks of the Department; 823 went to postmasters throughout By the term "current work" is to be understood that which forms the country.of the second and third class. Special agents of the rail­ by far the greater part of the duties of the employes of the office, way mail service received 914 maps; members of Congress 1,185, and namely, the keeping up what are called the working maps in daily for miscellaneous distribution, including the Departments, and many use for reference by the officers and clerks of the Department, both at call of members of Congress, 3,467, making the total number of those resident here and those in the field on duty; that is, the post­ 6,933. route officers, agents, and post-office clerks throughout the country. · Now, Mr. Chairman, the amount appropriated last year for this pur­ .For use during the preceding year $35,000 had been allowed in the pose was, as I have stated, $40,000. The $5,000 additional here asked usual Post-Office bill; which however was increased $5,000 in the for brings up the amount for this year only to what it was last, not­ general deficiency bill. For the present year the topographer of the withstanding the increase of work will be about 14 per cent. of last Department recommended to the Postmaster-General $50,000, which year's work. estimate, however, waa reduced by the Postmaster-General so that Mr. ATKINS. What was the increase of business last year 'f the recommendation was only 35,000. But the experience of the first Mr. MONEY. Seven per cent.; now it is 14 per cent. over last year. half of the present year has shown that the original estimate was more Mr. ATKINS. I do not know that I am particularly opposed to the nearly correct than the estimate sent in' by the Department. This amendment, but I wisk to ask the gentleman this question : As I un­ small amount of $5,000 is asked for to enable the topographer to keep derstand, this is an appropriation made every year; an appropriation his present force. of about $40,000 made every year 'f There are about one hundred new post-offices being established per Mr. MONEY. Not every year; last year's appropriation was the week throughout the country. The names of these new offices must highest . be placed upon the maps, and the new names of old offices where they Mr. ATKINS. Last year it was $40,000; this year, $35,000; and you have been changed. The mail lettings which take place July 1 will ask $5,000 more, which would make $40,000. This is an appropriation make it necessary to place on these maps new routes. Therefore it every year pretty much for the same business. My question is: Is is very important that thf' work should not be cut down for the pres­ not each map for any year the groundwork for any additions to it in ent fiscal year. If the topographer has to furlough a portion of the the succeeding year T In other words, is it necessary to make the map force he has now in the office the work will accnmulat-e and the effi­ anew each year T ciency of that branch of the service will materially suffer. Mr. MONEY. There are additions more than once a year. The I hope the amendment will not be agreed to. chairman of the Committee on Appropriations will understand these Mr. BLOUNT. This seems to be quite a small matter, bot I do not are photo-lithographs upon stone. It takes a new preparation for think there are any especial reasons to justify this growth of ex­ each map. penditure in the matter of maps. For a period of eight or ten yea.rs .Mr. ATKINS. But not a new stone. That is the- point I want to the expenditure was steadily $20,000, $25,000, and $30,000 a year. In get at. It requires additional work upon the same stone, new lines the last Congress we appropriated an unusually large amount for the drawn, but a new stone is not required. purpose of making post-route maps; all that the Department asked. The CHAIRMAN. The time of the gentleman fromMississippihas Within the last year or two there has been a very large increase of expired. the number of employes in connection with these maps. We give Mr. MONEY. I hope, as my time has been taken up by interrup­ for this year a larger sum than was given for any other year except tions, I will be permitted to go on a few moments longer. the one immediately preceding. I regret that there is a deficiency now. Mr. ATKINS. I hope so. I did not rise to interrupt the gentleman. The simple changing of the names of post-offices and increasin~ the I was interested in the facts he was stating and desired to understand number of the post-offices does not arise particularly just at this time; them exactly. it is a matter incident to every year. The adding of a few more names Mr. MONEY. The cost of the stone is considerable, it is true, but on a route does not necessarily involve the expenditure of thousands the expense mainly consists in the new tracing and other work re- of dollars in the way of maps. quired for each map. . · · This whole matter is but in keeping with almost every item of ex­ Mr. ATKINS. But the point is that the old tracings, the old lines penditure in the Post-Office Department. I could name a dozen items upon the stone, are left there unless the routes have been changed. for the last year or two in which the Department has gone fa:r beyond Yon only put on the new ones. And why do yon want $40,000 every the expenditures of previous years, and in most of the cases deficien­ year for that business T cies have been created where I think there was no occasion for them. Mr. MONEY. The whole cost of the litl;iographing is not $1,000 a It is not alone in the making of maps. It occurs in the expendi­ year. tures for their contingent fund, in expenditures fo.r route agents, for Mr. ATKINS. What, then, is this appropriation for T Is it for postal-car clerks, for the service of the Department in almost every salaries! matter of detail, wherever the Department may see fit to make the Mr. MONEY. There are twenty-six men in the topographer's office expenditure. who are to be paid out of this. It includes the cost of lithographing, Now, that is not true of any other Department of the Government. binding, tracin$:, engraving, printing, coloring, and a thousand other But it would seem that in the Post-Office Department, wherever they things necessarily connected with the work. For instance, this year may see fit, they will go beyond the limits of the appropriations and we have for Kansas and Nebraska one map of four sheets. There were come into this House for a deficiency. upon that map 207 new offices; 89 offices discontinued; 71 offices of Now, I say I do not ca.re a great deal about this matter of maps, which the names were changed; making 367 items to be changed. but I do care about this disposition shown by the Department to go And I could go on indefinitely and furnish similar examples from the beyond the appropriations in every iteni-of expenditure, wherever several States. The chairman of the Co!Dmittee on App~opriatioJl3 they may see proper to do so, and then to come in here and ask for a must see this is a constantly increasing business; that it requires a deficiency or thf}_lwork must stop. constant attention to every change throughout the United States, Mr. SHALLENBERGER. I desire to sa.yaword on this motion to and a correspondence involving an amount of labor on the part of concur in the Senate amendment offered by the gentlema.n from Mis­ this officer that is not exceeded by any other officer in the employ­ sissippi, [Mr. MONEY.] I regard this as pochaps the most econom­ ment of this Government. He has asked now simply for the amount ical disbursement of money in the Post-Office Department. I have given him last year. had some experience with these maps; I have one myself and I use it; Mr. ATKINS. I did not rise to oppose the amendment seriously or and I have noticed that these maps are used in the Post-Office De­ at all. I only wanted the gentleman to give some explanation. partment by almost every clerk there. I regard these maps, carefully Mr. MONEY. That is the explanation. corrected by the inserting of new offices, and the erasure of those dis­ Mr. ATKINS. And I suppose the gentleman himself is perfectly continued every week or so by hand for the use of the Department satisfied the amount ought to be appropriated t clerks, Government officials, members of Congress, postal railway 2700 CONGRESSIONAL RECORD-HOUSE. APRIL 2a·,.

clerks all over the conntry, and postmasters in all the large towns and route maps, I would say let the ~ppropriation be made. But this cities of the coUDtl!y, as perhaps the most economic feature for saving appropriation is asked only for thnro.rrent fiscal year, of which there· time in the whole Department. remain but two months. Can we not do without additional post-route· This amount of money which it is proposed by the amendment to maps for the next two months f Cannot the Department wait until add to ihe appropriations for the current year will not increa.Se the the next fiscal year for new post-route maps 7 appropriations over those of last year for the same purpose, namely Mr. STONE. These corrections have to be made weekly. $40,000, although the unprecedented increase in thenumberof offices all Mr. McMAHON. How many of the maps have to be corrected T over the country necessarily demands more work. Mr. STONE. All of them. . The lithographic work spoken of by the gentleman from Tennessee Mr. McMAHON. What does a mail-route agent or anybody else [Mr. ATKINS] involves the expenditure of a very small portion of the upon a Pennsylvania route want with a. post-route map of Colorado r· amount here named. The great expenditure arises from the employ­ Mr. STONE. But he wants the correctio.ns for his own State. ment of twenty-six or twenty-seven employes, whose duty it is, when­ Mr. McMAHON. Only a few can be needed in general, and these. ever new post-offices are created-and gentlemen very well know can be traced upon the maps that they have. I think it very prob­ that an average of one hundred per week may be, and I think have able that the knowledge of the local officials as to post-routes is every been, established-it is the duty of these clerks to trace in with pen bit as good as, if not better than, the maps we may furnish them. I and ink, upon each map in use by the various Departments and bu­ think this is a pretext. I do not mean to underrate the intelligence· reaus, in the most careful way, the names of these offices, distances of the Department or bureau that asks this appropriation, but these from contiguous offices, &c., so that when any clerk in any branch of deficiencies have grown to be a common thing, and if the House of the service desires to ascertain the location of any office, the route· Representatives does not confine its appropriations for deficiencies to upon which it is· located, and its distance from any other office, all what are absolutely right and necessary we shall have no control over­ he has to do is to refer to these maps and in two minutes' time he will appropriations. It is with this view that so far as my vote is con­ obtain the information which it would require possibly a half hour cerned I want somewhere to put down my mot. for him to obtain in any other way. In that way you save the time Mr. STONE. Let it be borne in mind that there is no deficiency of these clerks, the time of postmasters, of members of Congress, and here at present. of all who use these maps; you save a~ hour's time frequently by a Mr. CANNON, of lliinois. I withdraw the pro Jonna amendment. few minutes' observation of these maps. For that reason I think it The question being taken on the motien of Mr. Mo~""EY to concur­ is the most economical disbursement of money in the Department. in the Senate amendment, it was agrelid to; there being-ayes 79,.. It is wisdom to increase rather than to restrict the use of these maps. I noes 41. hope the House will concur in the Senate amendment and thus allow The next amendment of the Senate in which the Committee on Ap­ this work to go on. Otherwise it must stop for a couple of months. propriations recommended non-concurrence was to strike out "two" Mr. CANNON, of Illinois. I move proforma to amend the amend­ and insert "four," so as to appropriate 4,000 for extra clerk hire and ment by striking out the last word. We appropriated for the fiscal copying in the State Department. year of 1879 $35,000 for this work; but we made a deficiency appro­ The amendment wa.s not concurred in. priation of $5,000 more, making $40,000 for the last fiscal year. For The next amendment of the Senate in which the Committee on the current fiscal year we appropriated 35,000; so that if we now Appropriations recommended non-concurrence was to strike out. appropriate $5,000 for this deficiency the amount of expenditure for "$2,000" and insert " 3,000," so ~ to enable the Secretary of State th.is year will be just what it was last year. I think the increase of to purchase the manuscript of the revised consular regulations, pre­ the postal service in all its branches has been such that the Depart­ pared by A. B. Wood, chief of the Consular Bureau in the Depart­ ment cannot get along and do this work justice with less money than ment of State, and approved by the Secretary of State, for such sum, was appropriated last year. Of course if we do not give this $5,000, not exceeding 3,000, as shall seem to him a fair price for the work. the Department can stop the work. The amendment was not concurred in; I cannot add anything to what the gentleman from Michigan [Mr. Mr. McMAHON. I move that the committee rise. STONE] and the gentleman from Pennsylvania [Mr. SHALLENBERGER] The motion was agreed to. have said about the importance of this work. With our numerous The committee accordingly rose; and the Speaker having resumed and increasing post-routes, with the additions constantly made in the the chair, Mr. WHITTHORNE reported that the Committee of the railway service, with the new post-offices established and the old ones Whole on the state of the Union had had under consideration the discontinued, it is necessary that all these changes should be deline­ amendments of the Senate to the bill (H. R. No. 4924) making appro­ ated upon the maps. This has to be done by hand, and it occupies priations to supply certain deficiencies in the appropriations for the the exclusive time of a number of clerks. There are some States and service of. the Government for the :fiscal year ending June 30, 18SO, Territories which have to be provided with new editions of these and for other purposes, and had directed him to report back the sam~, maps; and I believe one or two have never had new maps. My im­ recommending concurrence in some of the amendments and non-con- pression is that this appropriation ought to be made.· It seems to me currence in others. « the topographer's office is getting along pretty well if it does not Mr. McMAHON. .AB I understand it, we are not compelled to take require us to spend any more this year than was expended last year, the yeas and nays on this bill. Therefore, before calling the previoru> although there has been a great increase in the business. If you now question I will yield to the gentleman from Mililsouri [Mr. WADDILL] concur in the amendment appropriating the $5,000 here asked for, the for the purpose of presenting a matter which, I think, will meet with expenditure in this regard for the current fiscal year will be the same the concurrence of each member of this House.. It is a matter of as for the last year. charity, and after it has been disposed of I will then take the floor Mr. McMAHON. Mr. Chairman, when the Committee on Appro­ again. priations reported in favor of Ron-concurrence in this amendment of MESSAGE FROM ~ SENATE. the Senate, the committee had had befor& it nothing very definite A message from the Senate, by Mr. BURCH, its Secretary, informed upon the subject. But since that time I have seen nothing and heard the House thllt the Senate had passed, without amendment, a bill of· nothing which changes my mind as to the propriety of non-concur­ the House of the following title : rence. I think that the whole matter of deficiencies in the different A bill (H. R. No. 5523) making appropriations for the support of departments of this Government is a great wrong to the House of the Army for the fiscal year ending June 30, 1881, and for other pur­ Representatives. Gentlemen on the other side of the House may not poses. feel it as we do; but if situations were reversed they would feel it The message further announced that the Senate requested the re­ and speak about it. Yet there ought to be no division upon a ques­ turn of the following: tion like this. Whenever the House of Representatives appropriates A resolution of the Senate a!!reeing to the amendment of the Hous& a certain sum of money for a particular service during a given year t<> the joint resolution of the 'Senate No. 100, to print extra copies C1f there ought to be very powerful reasons operating upon this body the repo:tt of the Commissioner of Fish and Fisheries fpr the year 1879 ;: before an increase should' be granted. Now, we have increased the and appropriations for this fiscal year very largely. The appropriations A resolution of the Senate agreeing to the amendment of the House­ in this bill amoUDt to over $6,000,000 ; but most of them have good of Representatives to the concurrent resolution of the Senate to print r~ons behind them. The appropriation for pensions was made abso­ 2,500 copies of the report of the Smithsonian Institution for the year ITiliely necessary by the action of both Houses of Congress changing 1879. the law after the·former appropriation was made. The appropriation The message also announced that the Senate had receded from its for the Internal Revenue Department was made absolutely necessary first amendment, disagreed to by the House, to the bill of the House by an unforeseen circnmsta.noe-the extraordinary increase of busi­ of the following title:..- ness. In these respects the increased appropriations have their apol-. A bill (H. R. No. 2787) making appropriations for fortifications and ogy or justification. But so long as this Honse of Representatives other works of defens~, and for the armament thereof, for the fiscal will sit here and take the assurance of the officer having charge of a year ending June 30, 1881, and for other purposes. department that this or that little expense is necessary, that he must The message also announced that the Senate had passed and re­ have a certain sum or he will be obliged to discharge this or that quested.the concurrence of the House in a bill of the following titl~ body of clerks, just so long yon will have, as you have now, deficien­ A bill (S. No. 1315) making an appropriation for the erection of a; cies in every department and bureau under your Government, so that light-house and fog-bell on Old Gay Rook, at the entrance of Wick­ the House of Representatives will· practically have no control over ford Harbor, Narragansett Bay. the amount of money expended. Now, I do not see why these people cannot wait two months. If SUFFERERS IN MISSOURI BY TORNADO. this were to be a final shutting down upon all appropriations for post- Mr. WADDILL. .Mr. Speaker, I ask the attention of this Holl.Be, ~ ~ ... , ' .

1880. CONGRESSIONAL RECORD-HOUSE. 2701

_'for a few minutes in favor of a resolution for relief, to which I think tute for House bill No. 2573 and House joint resolution No. 125, in there can be and will be no objection on the part of any member in order that it may be considered at this time. this Honse. Recently in the State of Missouri, and notably in the The bill was read, as follows: -district which I have the honor in part to represent upon this floor, A bill (H- R. No. 50Be) to anthorize the registration of trade-marks and protect the .a.fearful tornado has swept over certain sections, and people who, only same. the other day, were in comfortable circumstances, have been left des­ B e i t ena,;ted, cf:c., That cwners of trade-marks used in commerce with foreign --titute, and are to-day, themselves and families, without homes, with nations, or with the Indian tribes, provided such owners shall be domiciled in the United States, or located in any foreign country which, by treaty, convention, or no place to go to, living in box-cars or stables or wherever they can law, affords similar privileges to citizens of the United Stat.es, may obtain regis­ --find shelter. tration of such trade-marks by complying with the following reqllirement .s: Mr. STEVENSON. It is impossible to hear the gentleman. First. By causing to be recorded in the Patent Office a statement specifying name, The SPEAKER pro ternpore. The Honse will come to order and the domicile, location, and citizenship of the party applying ; the class of merchandise and' the particular description of goods comprised in such class to which the partic­ gentleman from Missouri will please speak a little louder. ular trade-mark has been appropriated; a description of the trade-mark itself, with Mr. WADDILL. Mr. Speaker, I was saying, as gentlemen doubt­ fa-0-similes thereof, and a statement of the mode in which the same is applied and -less have seen by telegrams published in the morning papers, a terrible affixed to goods, and the length of time during which the trade-mark has been tornado has swept over a portion of the State of Missouri, which I used_ Second. By paying into the Treasury of the United States the sum of e25, and have the honor to represent on this floor, causing the greatest de- complying with such regulations as may be prescribed by the Commissioner of trnction to life and property. The town of Marshfield, with twelve Patents. · hundred to two thousand people and from four to five hundred houses, SEC. 2- That the application prescribed in the foregoing section mnst, in order to bas been reduced to wreck and ruin, not more than fourteen houses creat.e any right whatever in favor of the party filinu it, be accompanied by a. written declaration verified by the person, or by a mem'ber of a firm, or by an offi. being left standing. People there are left houseless,lhomeless, with­ cer of a corporation applying, to the effect that such party has at the time a right -out tihelter, and they have petitioned the governor of the State of to the use of the trade-mark sought to be registered, and that no other person, :Missouri to send them tents, but there is not a tent at his disposal. :firm, or corporation has the right to snch use, either in the identical form or in The Secretary of War is willing to furnish tents for the purpose of any such near resemblance thereto as might be calculated to deceive; that snch trade-mark is used in commerce with foreign nations, or Indian tribes, as above .affording relief to these desolate and suffering people if Congress indicat.ed; and that the description and fac-similes presented for registry trnly -will authorize him to do so. I therefore ask, by unanimoas consent, represent the trade-mark sought to be registered. . to introduce a joint resolution (H. R. No. 291) authorizing tents to SE-O. 3. That the time of the receipt of any such application shall be noted and b e r ecorded. Bnt no alleged trade-mark shall be registered unless the same appear to loaned to the governor of Missouri for the use of the sufferers by be lawfully used as such by the applicant in foreign commerce or commerce with the recent tornado in that State. Indian tribes as above mentioned, or is within the provision of a treaty, conven­ The SPEAKER. Is there objection ' tion, or declaration-with a. foreign power; nor which is merely the name of the There was no objection, and the joint resolution was read a first applicant; nor which is identical with a registered or known trade-mark owned by another and appropriat.e to the same claSs of merchandise, or which so nearly -and second time. resembles some other person's lawful trade-mark as to be likely to cause confusion The resolution, which was read, authorizes and directs the Secretary or mistake in the mind of the public, or to deceive purchasers. In an application ·of War to loan to the governor of Missouri five hundred tents, or so for registration the Commissioner of Patents shall decidethe presumptive lawful­ many thereof as may be required, to be used for the benefit of the ness oI claim to the alleged trade-mark ; and in any dispute between an applicant and a previous registrant, or between applicants, he shall.follow, so far as the same .-sufferers by the recent toinado in that State ; said tents to be returned may be applicable, the practice of courts of equity of the United States in analo- when no longer required for the purpose herein specified. gous cases. · Mr. FROST. I ask permission to have read two brief extracts from SEC. 4. That certificat.es of registry of trade-marks shall be issued in the name the Saint Louis Republican in relation to this disaster which fully of the United States of .America, under the seal of the Department of-thelnt.erior, and shall be signed by the Commissioner of Pat.ents, and a record thereof, together -explain the necessity for the passage of this joint resolution. with printed copies of the specifications, shall be kept in books for that purpose. The Clerk read as follows : Copies of trade-marks and of stat.ements and declarations filed therewith and cer­ NO TENTS. tificates of registry so signed and sealed shall be evidence in any suit in which [Special to the Republican.] such trade-marks shall be brought in controversy. . SEC. 5- That a certificate of registry shall remain in force for thirty years from .TEFFEBSON CITY, April 20. its date; except in cases where the trade-mark is claimed for and applied to articles Adjutant-General Mitchell received this morning a telegram from the mayor and not manufactured in this country, and in which it receives protection under the -citizens of Ma.rsbfield asking for one hundred t.ents as a loan for the sufferers from laws of a forei~ country for a snorter period, in which case it shall cease to have the cyclone. Unfortunat.ely there are no tents here, and the general was unable any force in this country by virtue of this a-0t at the time that such trade-mark to comply with the r equest. ceases to be exclusive property elsewhere. At any time during the six months prior MARSHFIELD, April 20. to the expiration of the term of thirty years snch registration may be renewed on tlU3 mayor of Saint Louis : the same terms, and for a like period. .:ro SEC. 6. That applicants for registration under this act shall be credit-au for any Cyclone destroyed Marshfield. Over seventy dead, hundreds wounded. Not fee, or part of a fee, heretofore paid by them into the Treasury of the United States ,fifteen sound houses left. Springfield and Lebanon people are here with provisions. with intent to procure protection for the same trade-mark. Will want money for destitute. SEC. 7. That registration of a trade-mark shall be prima facie evidence of owner­ R. D. BLANKENSHIP, Mayor. ship. .A:JJ.y person who shall reproduce, counterfeit, copy, or colora.bly imitate any WILLIAM SMITH, Postmaster. trade-mark regist.ered under this act and affix the same to merchandise of sub­ J. R. HEEDNELL, stantially the same descriptive properties as those described in the registration, SecreUtT'l.J Relief Oommittee. shall be liable to an action on the case for damages for the wron~ul use of said trade-mark, at the suit of the owner thereof ; and the party aggrieved shall ·also Mr. FROST. I think" nothing further need be said. [Cries of have his remedy according to the course of equity to enjoin the wrongful use of ·"Vote!" "Yote !"] snch trade-mark used in foreign commerce or commerce with Indian tribes, as Mr. COX. Everybody is for it. aforesaid, and to recover -0ompensation therefor in any court having jurisdiction The joint resolution was ordered to be engrossed and read a third over the J.>erson !roilty of such wrongful act; and courts of the United States shall have origmal ana appellat.e j nrisdiction in such cases without regard to the amount -time; and being engrossed, it was accordingly read the third time, in controversy. .and passed. SEC. 8. That no action or suit shall be maintained under the provisions of this • Mr. WADDILL moved to reconsider the vote by which the joint act in any case when the trade-mark is used in any unlawful business, or upon _ any article injurious in itself or which mark has been used with the de11ign of de­ resolution was passed; and also moved that the motion to recoij.sider ceiving the pnblic in the purchase of merchandise, or under any certificate of reg­ ·be laid on the table. istry fraudulently obtained. The latter motion was agreed to. SEC. 9. That any person who shall procure the registry of a trade-mark, or ot himself as the owner of a trade-mark, or an entry resl>ecting a trade-mark, in the IMMEDIATE DEFICIENCY BILL. office of the Commissioner of Patents, by a false or fraudulent representation or Mr. McMAHON deimanded the previous question on the report of declaration, orally or in writing, or by any frandulent means, shall be liable to pay any damages sustained in consequence thereof to the injured party, to be recovered -the Committee of the Whole on the state of the Union on the Senate in an action on the case. · .amendments to the bill (H. R. No. 4924) making appropriations to SEC. 10. That nothin~ in this act shall prevent, lesson, impeach, or avoid any . supply certain deficiencies in the appropriations for the service of the remedy at law or in eqwty whiah any party aggrieved by any wrongful use of any Government for the fiscal year ending June 30, 1880, and for other trade-mark might have bad if the provisions of this act had not been passed. SEC. 11. That nothing in this act shall be construed as unfavorably affecting a 1purposes. claim. to a trade-mark after the term of registration shall have expired ; nor to The previous question was seconded and the main question ordered ; give cognizance to any court of the United Sta.tea in an action or suit between citi­ -and under the operation thereof the action of the Committee of the zens of the same State, unless the trade-mark in controversy is used on goods in- "Whole on the state of the Union was concurred in. ~~°!n~dl:a:E~~d to a foreign country, or in lawful commercial intercourse Mr. McMAHON moved to reconsider the vote just taken; and also . SEC. 12. That the Com.missioner of Patents is authorlZed to make rules and reg­ TID.oved that the motion to reconsider be laid on the table. ulations and prescribe forms for the transfer of the right to use trade-marks and The latter motion was agreed to. for recording such transfers in his office. SEC. 13. That citizens and resideBts of this country wishing the p*>tection of REGISTRATION OF TRADE-MARKS. trade-marks in any foreign country, the laws of which require registration here as :i condition-precedent to getting such protection there, may register their trade-­ Mr. HAMMOND, of Georgia. !Ir. Speaker, I rise to a privileged marks for that purpose as is above allowed to foreigners, and have certificate motion which I desired to make yesterday, and that is to call up the thereof from the Patent Office. bill touching legislation in regard to trade-marks to carry out certain SEC. 14. That every person who shall, with ihtent to defraud, deal in or sell, or treaties made between this country and foreign governments. keep or offer for sale, or cause or procure the sale of. any goods of snbstantially the same descriptive properties as those referred to in the rei;tstration of :my trade­ Mr. CONGER. Is this a privileged question. T mark, pursuant to the Statutes of the United States, to which, or to the package Mr. COX. It is. The Committee on the Judiciacy wa-s allowed to in which the same are put up, if fraudulently affixed· said trade-mark, or any color­ report at any time.· I made the motion, I remember, very distinctly. able imitation thereof, calculated to deceive the public, knowing the same to be Mr. HAMMOND, of Georgia. I ask to call up a bill (H. R. No. 5088) counterfeit or not the genuine goods referre'1 to in said registration, shall, on con­ viction thereof, be punished by fine not exceeding 1,000, or imprisonment not more ito authoriZe the registration of trade-marks and protect the same, than two years, or both such ii.ne and imprisonment. · -which was reported from the Committee on the Judiciary as a substi- SEC. 15. That every person who fraudulently affixes, or causes or procures to b6 2702 CONGRESSIONAL RECORD-HOUSE. APRIL 23~

frauduleBtly affixed, any trade-mark registered pursuant to the statutes of the called the Armfield bill, " To authorize the registration and protec­ United States, or any colorable imitation thereof, calculated to deceive the public, to any goods of substantially the same descriptive properties as those referred to tion of trade-marks." That bill was referred to the Committee on in said registration, or to the package in which they are put up, knowing the same Commerce on the 9th of December last, and on the 17th of that month to be counterfeit, or not the genuine goods referred to in said registration. shall, on referred to the Committee on the Judiciary. conviction thereof, be punislied as prescribed in the fourteenth section of this act. That bill proposed to put trade-marks under the control of a salaried SEC. 16. That every person who fraudulently fills, or causes or procures to be fraudulently filled, any package to which is affixed any trade-mark, registered officer, newly made bythe bill, and allow an appeal from his decision pnrsnant to the statutes of the United St.ates, or any colorable imitation thereof, to the supreme court of the District of Columbia. In all other re­ Calculated to deceive the public, with any _goods of substantially the same descrip­ spects it is substantially, indeed almost literally, the legislation of tive properties as those referrecl to in said registration, knowing the same to be 1870 with this modification only: it is con.fined to commerce with counterfeit., or not the genuine goods referred to in said registration, shall, on con­ viction thereof, be punished aa prescribed in the fourteenth section of this act. foreign nations, with the Indian tribes, and among the several States. SEC. 17. That any person or persons who shall, with intent to defraud any per­ Its friends claimed that thus aJl objections on the score of constitu­ son or persons, knowingly and willfully cast, engrave, or manufacture, or bave in tionality would be removed. It will be perceived from the report his, her, or their possession, or buy, sell, offer for sale, or cleal in, any die or dies, which I had the honor to present that the Judiciary Committee did plate or plates, brand or brands, engraving or engravings, on wood, stone, metal, or other substance, molds, or any false representation, likeness, copy, or color­ not agree to that conclusion. So far as I am advised, that committee able imitation of any die, plate, brand, engraving, or mold of any pnvate label, unanimously believed that so much of that bill as applied to com­ brand, stamp, wrapper, engraving on paper or other substance, or trade-mark, merce among the several States would be unconstitutional. That I registered pursuant to the statutes of the United States, shall, upon conviction may be understood, let me call attention t.o the points made in that thereof, be punished as prescribed in the fourteenth section of this act.· SEC. 18. 'l'hat any person or persons who shall, with intent to defraud any person report. or persons, knowingly and willfully make, forge, or counterfeit, or have in his, her, TRADE-MARKS ON Th"TERSTATE COMMERCE NOT IY CONGRESSIONAL l'OWER. or their possession, or buy, sell, offer for sale, or deal in, any representation, like­ ness, similitude, copy, or colorable imitation of any private label, brand, stamp, Congress has power "to regulate commerce with foreign nation1t wrapper, engraving, mold, or trade-mark, registered pursuant to the statutes of and among the several States and with the Indian tribes." (Consti­ the United States, shall, upon conviction thereof, be punished as prescribed in the fourteenth section of this act. tution, article 1, section 8.) But is legislation aa to trade-marks SEC. 19. That any person who shall, with intent to injure or defraud the owner regulating commerce f of any trade-mark, or any other person lawfully entitled to use or protect the same, The Supreme Court in the ca.se of Steffins, heretofore cited, avoided buy, sell, offer for sale, deal in or have in his possession any used or empty box, any expression of opinion on this point. They said only this, namely: envelope, wrapper, case, bottlo, or other package, t-0 which is affixed, so that the same may be obliterated without substantial. injury to such box or other thing The argument is that the use of a trade-mark-that which al.one gives it any aforesaid, any trade-mark, registered pursuant to the statutes of the United States, value-is to identify a particular class or quality of goods as the manufacture, prod­ not so defaced, erased, obliterated, and destroyed as to .vrevent its fraudulent use, uce, or property of the person who puts them in the general market for sale. That · shall, on conviction thereof, be punished a.s prescribed m the fourteenth section of the sale of the article so distinguished is commerce. The.trade-mark is, therefore, this act. a useful and valuable aid or instrument of commerce, and its regulation by virtue SEC. 20. That if the owner of any trade-mark, re~tered pursuant to the st.at­ of the above provision of the Constitution belongs to Congress, and that the act in utes of the United States, or his a.gent, make oath, m writing, that he has reason question is a lawful exercise of this power. to believe, and does believe, that any counterfeit dies. plates, brands, eng:ratln$S It is not every species of property which is the subject of commerce, or which is on wood, stone, metal, or other substance, or molds oI his said registerea traae­ used or even essential in commerce, which is brought by this clause of the Consti­ mark are in the possession of any person, with intent to use the same for the pur­ tution within the control of Congress. The barrels and casks, the bottles and boxes pose of deception and fraud, or makes such oaths that any counterfeits or color­ in which alone certain articles of commerce are kept for safety and by which their able imitations of his said trade-mark, label, brand, stamp, wrapper, engraving on contents are transferred from the seller to the buyer, do not thereby become sub­ paper or other substance, or empty box, envelope, wrapper, case, bottle, or other jects of congressional legislation more than other property. (Nathan vs. Louisiana, package, to which is affixed said registered trade-mark not so defaced, erased, ob­ 8 How., 73.) In the case of Paul vs. Virginia, (8 Wallaackages, to be publicly destroyed. SEC. 21. That any person who shall, with mtent to defraud any person or per­ is to be sold. In the license cases it was argued that diseases, &c., sons, knowingly and willfully aid or abet in the violation of any of the provisions attended commerce, and therefore disease-breeding commerce was of this act, shall, upon conviction thereof, be punished by a fine notexceeding$500, beyond State control and within the Federal jurisdiction. But Chief- or imprisonment not more than one year, or both such fine and imprisonment. . Justice Taney said no; "they are not things to be regulate4 and traf­ Mr. HAMMOND, of Georgia. The report submitted by the com­ ficked in." (5 How. U.S. R., 576.) Trade-marks are not essential to mittee carried with it not only the bill known as the Armfield bill, commerce. Out of the myriads of things trafficked in by the people but the resolution introduced by the gentleman from Iowa, [Mr. Mc­ of this country, less than eight thousand are under trade-marks. • Corn,] touching the same subject-matter. The reference covers both, Every manufactured article trafficked needs, for protection and ship­ and therefore I made a motion to take up the report and the matter ping, a barrel or cask, a bottle or box or wrapper; and yet who covered thereby, and in the argument I shall make in favor of the would have ever supposed them subject to congressional control if the bill I shall also present the view of the Judiciary Committee in op­ decision in United States vs. Steffins had omitted to say they were position to the resolution. notY - In 1870 Congress pa-ssed the dozen sections of the Revised Statutes A policy of insurance is sold and sent from one State to another, of the United States, sections 4937 et se,q_., relating t-0 trade-marks. and may be transferred again and again. But in no fair sense is it They prescribed the terms upon which any person in the United an article of merchandise. "They are not commodities to be shipped States or "in any foreign country which, by treaty or convention, or forwarded from one State to another and then be put up for sale," affords similar privileges to citizens of the United States," entitled said the court in Paul vs. Virginia, and they are "mere contracts of t.o a trade-mark, should be protected therein. The remedies thereby indemnity a

junction and action on the case for damages. In August, 18761 Con­ and not Federal control. gress passed another act "to punish the counterfeiting of trade-mark When affixed to merchandise to identify its origin or quality or the goods and the sale of or dealing in of counterfeit trade-mark goods." like, what is a trade-mark but "a c~ntract of indemnity against loss" (United States Statutes, volume 19, page 141.) That act made many ~y fraud or deceit 'l It is but the owner's guarantee. It is weaker in crimes rnlating to trade-marks, each punishable "by :fine not exceed­ this regard than the policy of insurance, for the trade-mark is never ing $1,000 or imprisonment not more than two years, or both such sold. Possibly it is stronger than the policy, because attached to a. :fine and imprisonment/' thing sold. But I think not. A merchant in Georgia shipping his In November, 1879, the Supreme Court held all that legislation to cotton to New York or Liverpool wishes to guarantee its quantity be unconstitutional and void. See Ste.ffins and otlte1·s vs. The United and quality, and writes such paper to whom it may concern in his States, October term Supreme Court, 187~. Congress had never legis­ office. It is a contract controlled wholly by State la.ws. Congress can­ lated upon the subject before; nor since has there been any such not legislate to punish any one for counterfeiting that paper, or using legislation, unless the registration of prints and labels under the copy­ that paper to defraud another. Su.rely the wildest dreamer would :right act of 1874 (Statutes 18, p. 79) be so classed. It, however, is on not call such legislation regulating commerce. Now how is the case a different subject, and, when attacked, may fall under the same con­ changed, if that paper be pasted on the bale o-f cotton 'I But when so demnation. The United States is therefore without any statutory pasted on it would be just such a contract as ar trade-mark attached rules for registration and protection of trade-mark rights. to an article ; no more and no less. By some this is thought to be a serious want. Those who think it True, the court has held that a State may not tax a bill of lading. can be now constitutionally supplied ask Congress to pass the bill Bot why T Not because Congress had power to legislate as to them,. / Is so. CONGRESSIONAL RECORD-HOUSE. 2703 but because the States were prohibited from taxing exports, &c., and making power. This idea. is fully illustrated and sustained by the taxing such contra.eta was virtually taxing exports. They said: Supreme Court in United States vs. Coombs, 12 Peters's Reports, 78. A bill of lading, or some other instrument of the same import, is necessarily al­ The question was, whether certain obstructions to commerce, not at 'Ways associated with t:11ery shipment of articles of commerce from the ports of one sea uor within tide-marks, but on land, could be punished by Con­ country to another. The necessities of commerce require it. It is hardly less i;ieces· gress f The court said : sary to the existence of such commerce than casks to cover tobacco or baggmg to cover cotton, when such articles are exported to a foreign country, for no one would Any offense which thus interferes with or obstructs or prevents such commerce P.Ut his property in the bands of a ship-master without taking written evidence of and navigation, though done on land, may be punished by Congress under its gen­ its reception C4tl board the vessel and the purpose for which it was placed in his eral authority to make all laws necessary and proper to execute their delegated con­ hands. * * ~ A bill of lading, or some equivalent instrument of writing, is in­ stitutional authority. variably associated with every cargo of merchandise exported to a foreign country, I do not enter into the extent of the treaty-making power. The and consequently a duty upon that is in substance and effect a duty on an article exported.-Almy vs. Oalifornia, 24 Howard, R. 170. contest b~tween that power and the control of all commercial ques­ tions by Congress, which began with the treaty with the Creek In­ In United States vs. Stejfins you observed the court said that decision dians in 1790 and remains unsettled to this day, is not involved in this ·was " because such instruments were necessitie8 of commerce." And issue. Sufficient for present purposes is the decision of Marshall, Chief­ yet in Stejfins's case they also said not even such necessity would make J ustice, in Foster & Elam vs. Neilson, 2 Peters: "A treaty is to be congressional control complet-e. For surely the box or barrel or other regarded in courts of justice as equivalent to an act of the Legislature receptacle of the thing .sold is as :i;iecessary to commerce as a b.ill: of whenever it operates of itself, without aid of any legislative provis­ lading: and they are not m congressional control. Nor can the op rm on ion," which language was adopted in United States vs. Forty-three of the divided court in Pennsylvania Te"legraph Company vs. Western Gallons of Whisky, (96 United States Reports, 146.) This being true, Union Telegraph Company, 96 U.S. R., 9, be used against this view. It all that is desirable in this regard may be done by the treaty-making rather strengthens it. The court there said the electric telegraph has power alone, or by it and Congress together. The treaty-making become "one of the necessities of commerce. It is indispensable aa a power has entered into certain obligations as trade-marks with va­ means of intercomniunication, bu,t especially so in commercial transac­ to rious foreign nations. That the exact nature of these obli~ations tions." * * * "Goods are sold and money paid upon telegraphic may be understood, I quote them even at the expense of bemg te­ orders; contracts are made by,telegraphic co1'respondence; cargoes se­ dious. cured and the movement of ships directed." Butin no fair sense can TREATIES AS TO TRADE-MARKS. trade-marks be likened to telegraphic commiunicatioti, They are not sent forward to secure contracts and the like. And it took both the We had many commercial treaties prior to the trade-mark act of commerce clause and the post-office clause to support that opinion. 1870. But in three of them only were trade-marks mentioned or con­ I repeat, trade-marks are but a convenience of commerce. They are sidered, namely, those with Russia and Belgium, made in 1868, and no more necessary to commerce than are the photographed or engraved with France, made in 1869. That with Russia was as follows: if The high contracting parties, desiring to secure complete and efficient protec­ cuts of manufactured articles, nor more numerous. And this legis­ tion to the manufacturing industry of their respective citizens and subjects, agree lation would be constitutional, Congress may engage in regulating that any counterfeiting in one of t.he two countries of the trade-marks affixed in the picture business. the other on merchandise, to show its ori~in and 9,Ua.Jity, shall be strictly prohib-· • But valuable as are the opinions of the Supreme Court they should ited and repressed, and shall give ground for an action of damages in favor of the injured party, to be prosecuted in the courts of the country in which the counter- not be the measure of the power we shall exercise in Congress. They feit shall be proven. · pass upon State laws said to conflict with the supreme law, and may The trade-marks in which the citizens or subjects of one of the two countries give the benefit of doubts in favor of the Federal power or the States may wish to secure the right of property in the other, must be lodged exclush•ely, as they like. But Congress is co-ordinate with the court and the leg­ to wit, the marks of citizens of the United States in the department of manufact­ ures and inland commerce at St. Petersburg, and the marks of Russian subjects at islative body of the Government, whose ermine they wear. They the Patent Office at Washington. must therefore hold Congressional legislation valid unless manifestly and plainly unconstitutional. The only safety, then, is for Congress Subsequently in l\Iarch, 1874, the same parties "h:.1.vin?, recognized to solve its doubts against the exercise of power. If it will not, the the necessity of defining and rendering more efficacious 'said stipu­ result is Congress can do all things not plainly forbidden. This is at lations," agreed upon the following arrangements:" war with the plan of our fathers. That plan restricted Congress to ARTICLE I. the exercise of certain delegated powers. One of them was regulat­ With regard to marks of goods, or of their packages, and also with regard to marks of manufacture and trade, the citizens of the United Stat.es of America. ing commerce. That power was delegated to the United States that shall enjoy in Russia, and Russian subjects shall enjoy in the United States, the the States might not cripple commerce. • same protection as native citizens.-Ooddington's Dig. of Trade-Mark8, 484, 485, 486. The sixth article of confederation declared : The treaty of 1868 with Belgiunl. was the same as that with Russia, No State shall lay a.ny imposts or duties which may inrerfere with any stipulat­ except that the words "and repressed" after "shall be prohibited" tilm.s in treaties entered into by the United States, &c. were omitted, Brussels was substituted for St. Petersburg, and this By article 9 the States reserved the power of "imposing such was added: "It is understood that if a trade-mark has become imposts and duties on foreigners as their own people are subjected public property in the country of its origin, it shall be equally free to to" and the power of "prohibiting the exportation or importation all in the other country." This treaty was renewed in li,aec verba in of any species of goods or commodities whatsoever." The Constitu­ 1875. . (Ib., 488, 489, 490, 491.) tion gave Congress the power "to regulate commerce with foreign The l'rench treaty was: nations, and among the several States and with the Indian tribes" ARTICLE I. ( axticle 1, section 7) and (by article 2, section 10) put the States un­ Every reproduction in one of tho two countries of trade-marks affixed on the der this disability: other to certain merchandise to prove its ori~ and

The treaty with Brazil proclaimed in 1879 gives "the same rights strike out all the penal sections. The report of the Committee on aa belong to native citizens or subjects in everything relatin~ to prop­ the Judiciary shows that they added to the Armfield bill the penal erty in marks of manufacture and trade," and declares that ' any per­ enactments of 1876, (19 Statutes, 141, 142 ) being all of the reported son who desires to-obtain the.aforesaid protection must fulfill the for­ bill after section 14. Those sections pumsh1 every person who deals malities required by the laws of their respective countries." (Act of in or sells or keeps or offers for sale or procures the sale of goods cov­ 1879.) ered by a colorable imitation of a trade-mark,orput.s a trade-mark on Those treaties undertook to secure to the citizens of those foreign goods made to imitate trade-mark goods, or fills a bottle or box, &c., nations with respect to trade-marks all the rights which our own cit­ covered by a trade-mark with an imitation of its inten.ded contents, izens enjoyed; no more, but no· less. \Vhat those rights were was or has plates, &c., to make false trade-marks, or imitate a trade­ fully stated by Judge Story in 1844, in Taylor i·s. Carpenter: mark, or sells a bottle, &c., having on it a trade-mark which he can When the plaintiffs were manufacturers· in England of "Taylo~'s Prussian erase without destroying it. If he do either with intent to defraud, thread," and the defendant, in America, imitated their names, trade-marks, envel­ the punishment is a fine not exceeding $1,000 or imprisonment not opes, and labels, and placed them on thread of a different manufacture: held that it was a fraudulent infringement by the defendant of the right of the plaintiff, for more than two years, or both such fine and imprisonment. It pun­ which equity would grant relief, whether other persons had or had not done the ishes aiders and abettors with one-half of said fine and one-half of same. In tho courts of the United States alien friends are entitled to claim the the imprisonment. ilame protection of their rights as citizens.-3 StoriJ's Reports, 458. To those sections I cannot assent. Mark it! No treaty obligation· That "aliens have the same rights as citizens in respect to the pro­ demanded this act of 1876. The bill was introduced into the Senate and tection of theil' trade-marks" was decided as to " Chinese Liniment" passed there without discussion. It was so carelessly written that the in 1849 by Judge McLean. (See Coffeen vs. Brunton, 4 McLean, 516.) language covered commerce wholly within the States, as well as with­ And so Davis's "Pain Killer" WM protected in Canada in 1867, "LL" out. It was so hastily gotten up that its short title is ungrammatical whisky in Ireland in 1863, and others which might be cited. And at and the Supreme Court did not know what Copgress intended to the date of the treaties with France, Belgium, and Russia, and long express by the act. · One of its friends sought to pass it in the House before, besides the protection given in the United States courts and without a reference, claiming it was a bill to ''protect honest mer­ all our State courts by injunctions and actions for damages, many of chants and manufacturers." (17 RECQRD, 4493.) It was referred, not the State courts punished infringement of trade-marks by fine and to a law committee, but to the Committee on Patents, who had noth­ imprisonment. It was so in Connecticut, Massachusetts, Michigan, ing to do with crimes. They reported it back saying four hundred Missouri, Nevada, New York, Ohio, Oregon, and Pennsylvania. And manufacturers; merchants, and dealers, in New York, Boston, and many others since then have enacted such penal statutes. Philadelphia, had petitioned for its passage. They gave no other All these rights were acquired by such treaties for the foreign sub­ reason therefor, but called the previous question. At the last mo­ jects because possessed by our citizens. The treaties prop1'io vigore ment Mr. Hewitt of New York tried to protest for the thousands of gave those rights. Our Patent Office, the place designated in the small dealers in New York who might be entrapped by its provisions, treaties for depositing those trade-marks, was established' already. but it was forced tluouo-h. It is not strange that a creature of such Many foreign trade-marks were lodged there before the act of 1870 hasty and violent birth Yanguished, and, languishing, died in less than was passed. Foreign manufacturers and traders and our officers re- three years. The eight eminent doctors who tried to save its life garded these treaties as self-executing. . said they knew not what was its ailment except that it was stuffed But as the treaty with Russia declared that counterfeiting of trade­ with incongruous food, and that it might have died anyhow eve:1 if marks "shall be strictly prohibited and repressed," as that with Bel­ it had not swallowed the States. ~um said it "shall be prohibited," and as the common law was not Shall we resurrect the corpse 'I Shall we give to those owners of m force in Russia, Belgium, or France, the legislation of 1870 was trade-marks, protected by treaties which pledged only such protection urged upon Congress. It is pl:.iin from the debates that it never could as our own citizens have for theirs, this high right which our citi­ have passed had it not been thought important in aid of those treaties. zens cannot enjoy in this country 'f It would be at least decent to {See the remarks of Senators Sumner and CARPENTER on this point, wait till we could put our own citizens on the same plane with for­ Congressional Globe, volume 80, page 4821.) eigners and Indians. Wait till the McCoid amendment becomes a part And now petitions from the Board .of Trade of Philadelphia, and of the Constitution-you who urge its passage. Do not enact this and from some of the largest and most influential manufacturers of New then urge McCoid's amendment because the foreigner and Indian is York, ask for such legislation. And they urgenoreason therefor but better protected than our citizen, amend the Constituti!>n to make it our treaty and commercial relations with foreign nations. No other fit a fiatute. petitions on the subject have been presented to Congress, so far as Have gentlemen thought of the severity of this punishment Y He the Committee on the Judiciary is advised, except one from Boston who fraudulently imitates a mark or device on a patented article in favor of a constitutional amendment hereafter mentioned, The commits no crime. He may be sued for $100 for each offense. (Re­ Committee on the Judiciary recognized the importance of maintain­ vised Statutes, 4900.) ing not tmly every treaty obligation of the United States, but of do­ Take ano.ther case. On an American vessel in mid-ocean is a young ing so in such manner as to keep the confidence of the world. They ~irl returning home. In charge of the master, she has the right to know the benefits of foreign markets for the products of the brain oe secure against even discourtesy. But forgetful of his duty as .and muscle of our people. They confess to a feeling of pride that a. man, despising his sacred trust, in the darkness of night he at­ we not only minister to the comfort and pleasure of our neighbors, tacks her, alone, friendless, helpless, and with threats seduces and but that they dig their wealth from the bowels of the earth with deflowers her. In Georgia we could put one at hard labor for twenty Yankee picks, and keep it away from thieves with Yankee locks. years for such a crime. Death would be too good for the scoundrel. And, therefore, they directed me to report Mr. ARMFIELD's bill for pas­ But see that man at the bar of a United States court, convicted of sage, striking out only the new office and new salary because we thus violating section5349of the Revised Statutes, and hear the judge, thought them unnecessary, and interstate commerce because it could burning with virtuous indignation, pronounce on him the extreme not be constitutionally retained. penalty of the law, a fine of $1,000 and imprisonment for twelve If the foregoing position is true, the whole subject of trade-marks months. And imagine him adding, "I regret that you are not found with those in treaty relations to us is eliminated from this discussion. guilty o.f fraudulently putting a false drink in a bottle having on it What else may be eliminated 'I Many articles which bear trade-marks the trade-mark of LL whisky; for then I could punish you at least .are patented. The patentee must fix thereon or on the package con­ double as much as I can for this diabolical crime." taining the same the word "patented," stating the day and year of But not only is the punishment too severe, but it is bad policy to the patent. He may put that in any form which will give notice, and increase the criminal jurisdiction of the United S~tes courts, unless sign it by his name. Should any one in any manner "mark upon any­ it be necessary in order to maintain the power, dignity, or purity of thing made, used, or sold by him for which he has not obtained a the Government or some of its departments. Before the war it was· patent the name or any imitation of the name" of the patentee with­ rare to see a prisoner before such courts. Violations of the postal n the bill reported for passage. But here I part from them, and.pur­ by disease or de;1.th in a felon's cell. I do not overdraw the picture. suant to notice giv~n in committee, at the proper time, will move to Four men, convicted of illicit distillation, left the bar of a United .. 1880. CONGRESSIONAL RECORD-HOUSE. 2705·

States court for the penitentiary in Albany.simultaneously. One was Constitution, and they all recognize the rule as expressed by Story on rescued by a pardon ; death relieved the keeper of the custody of the Agency, section 307a, namely: other three. · In respect to the a.ots and declarations and representations of public agents, it It is not mercy nor a desire to reform ihe prisoners which has caused would seem that the same rule does not prevail which ordinarily governs in rela­ the United States courts to allow hundreds of men to plead guilty of tion to mere private agents. As to the latter (as we have seen) the principals are, in many cases, bound, "'.hen theyhaven.ot authorized declarations and represen~­ violating its revenue laws and then to go away without bail and with­ tions to be made. But m cases of public agents the Government or other public out punishment, save a threat of severity if caught again. This ridic­ authority is not bound unless it manifestly appears that the a~ent is acting within ulous farce has been carried on for years under orders from the law the scope of his authority, or he is held out as having authority to do the aot, or is employed in his capacity as a public agent to make the declarati.on or representa­ head of this Government. Why 'I Because the punishments are so tion for the Go>ernment. Indeed this rule seems indispensable in order to guard ill-suited to the crimes that the country staggers when called upon to the public against losses and injuries arising from the fraud or mistake, or rash­ execute their sentences. ·Let us not only make no more such severe ness and indiscretion of their agents. penal laws, but have the manliness to denounce those already of force If any one has treated with us under a mistaken notion of the and wipe the disgrace forever from our statute-books. power of the President in this regard, all such a one can ask is to be I am told the laws would not be enforced, but are needed to pre­ released from the contract made by mistake, and we will, on request, vent the crimes. The advocates of the bill would invoke the majesty consent to such release without question. But the doctrine that if the of the United States to frighten citizens. No such spirit breathes treaty-making power has exc~ded its authority we must enlarge the from the Constitution. If you would not have laws despised, pass power of attorney or be faithless is monstrous. none which you will not enforce. Make laws to provoke love, not to There is no necessity for such Jegislation. Mr. Cleveland, of New excite terror. Jersey, while discussing this bill in 1870, admitted that the courts of I will not weary the House by a critical notice of the twentieth England and this country had "so construed the law (common law) as section of the bill. Let me call attention to two things in it. It to protect manufacturers as well as the public." (Globe, 91, page 2857.) gives about the same righ,t of search °for_fraudulent trade-marks and When the bill weni before the Committee on Patents in the Senate plates, &c., for making them, as the Government uses to protect its they ordered all this matter stricken out .as unnecessary and" a new currency. It authorizes seizures of private property and its destruc­ departure" not fit to be made. Mr. Willy, in reporting the bill, said tion by n. judge. The citizen is convicted of fraudulent purposes bis committee had" thought that under the common law every man without trial by jury. The mention of these things will condemn bad a right to-his own trade-mark and could protect himself.'' (Globe, that section. 83, page 48-21.) Mr. Sumner said the bill had'' put into the text of a M'COID'S CONSTITU'IIOXAL AMENDME !T, statute rules and principles which have been matured at the common But another important question remains. The report shows that law and recognized by our courts, but which have new character -and the friends of trade-murks seek to enlarge the powers of Congress value and explicitness by being set forth in the statute." (Ib.) · that it may legislate thereon. The proposition is to amend as fol­ Mr. CARPENTER said : lows: They are wholly unnecessary at the common law, and so fur as the rights of our ARTICLE I. citizens are concerned in England fand of course here] they are mere snrplnsage, SECTION 1. Congress, for promotion of trade and manufactures and to carry into the common law covering all that would be covered by these sections.-Ibid. effect international treaties, shall have power to grant, protect, and regulate the It is claimed that the States cannot adequately protect trade-marks. exclusive right to adopt and nae trade-marks. Why not Y Their judges are as honest and as learned in the law as It was introduced in the House on the 2d of December, 1879, and re­ those upon the United States benches. The jurors, if different in the ferred to the Committee on Manufactures, of which its auth or is a mem­ two courts, are not better in those of the Federal courts; in some ber, and on the 11th of December, 1879, that committee reported in favor parts of the country they are much below the. State standard of in­ of its adoption. (See Report No. 3, Forty-sixth Congress, second ses­ telligence and virtue._ States' officers are more numerous, and equally sion.) On the 17th of December, 1879, its author sought to pass it in the faithful; their courts more numerous n.nd more accessible; justice can House, witaout discussion, under the operation of the previous ques­ be bad cheaper and quicker in the State courts. . tion. He said there could be no objection to its passage. Mr. ARM­ But it is said the State laws are inharmonious and conflicting. Is FIELD, thinking it unnecessary, opposed its passage. Finally the House that true~ Certain States have special industries. The manufact­ awoke to the awkwardness of amending the Constitution thus hur­ uring States protect their wares by pa.tent-rights and State statutes riedly, and it was proposed to refer the resolution and Mr. ARMFIELD's suitable to their condition and peculiar circumstances. How many bill, then before the Committee on Commerce, to the Committee on using trade-marks are also covered by the patent law I know not. The the Judiciary. . The chairman of the Committee on Mannfaotures, examiner of trade-marks could not inform me. He writes me that "the Mr. HORR,· of Michigan, begged that the only bill which his commit­ medicine, tobacco, and whisky trades have registered, perhaps, one­ tee had ever had (as he said) should not be taken away. But the third of the whole number;" and the States noted for these industries proposition to refer was carried with the quasi pledge that the Judi­ may, he thinks, be credited with the larger proportion of the registra­ ciary Committee would revort early. It has redeemed the pledge as tion thus far effected. Massachusetts specially protects watches. soon as the importance· vf the subject justified a report. It is, fair to Some of-the Western States do the like as to beer, &c. With these assume that the· report of the Committee on Manufactures presented exceptions examine the following statement of the statutes. The all the reasons for this amendment. They were not convincing to the dates sometimes do not go back far enough, for they come from the Committee on the Judiciary. Their report touched not the form of codes and not from the original acts : the proposed, amendment; not because that was unobjectionable, but because they opposed the substance of the change. Nor did their Punfahment in jail 01· by fine, slwwing extent of, in eack. report elaborate the reasons which induced the conclusion. Suffer me, therefore, to present my views in answer. to the original report Date. State or Territory. Number of months and amount of fine. in its favor. The first reason therein given is that, under the invalid legislation 1872. --- ~ - . - - . California.---· ... _.. _••. __ 6 months or $500, or both. of 1870the United States has registered 7,785 trade-marks, taken from 1875, (1847) -- . CoDIJecticut .••.•... -. _- .. _ 6 months or $100, or both. their owners therefor $211,750, gave them in law nothing therefor, as 1877 ...•.• ·--· Dakota .. --• -- . -. ------.. 12 months or $500, or both. the pretended protection was void, and that that money must be paid 1873 ______·--· Iowa.---·------·--··--·-· 6 months or $200, or both. ,, back or the trade-marks made good by amending the Constitution and 1871. ••••• - - - - Maine ...•••• ·------·- ·- l'a months (not less) or $20Q, (not less.) · 1859 ••••.. ·-- · Massachusetts·-----_·---- 6 months or $500, double on watches. then passing a ratifying la.w. To say nothing of such awkwaa rea­ 1863------6 months or $1,000, or both. sons for amending our organic law, let us content ourselves by saying 1866 ______, ~~:~.::::::::::: :::: :: 3 t-0 12 months and 500 to 5,000 fine. it is cheaper to payback the money than to have Congress and three­ 1865 ...... •••. Nevada----··------5 to 30 days and $25 to $.500 fine. New Jersey ______.·------fourtbs of the States talk over and pass the amendment. 1877 .•••....•. New York . _____ . ______. __ 6 montbs or $100. 18591850 ______.•.. . --- _· 12 months or $5,000. The second reason is that this is necessary, that we may keep our Ohio------·-----·---·----- 12 months or $500, or both. treaty obligations. It appears what those treaties are, and that they 1864 ..••.. ·--- Oregon .... ------·---- -­ 6 months or $30. 1869. _____ ·--· required no legislation on the part of the United States, that foreign 1876 ______Pennsylvania. --- -- . ---· .. 3 years and $100. Utah.------·--··----- 6 months or $300, or both. manufacturers and merchants so understood, and tb::i.t the act of 1870 1873. _____ ---· Nebraska ·----- _...... -· -· l to 20 years in penitentiary and $500. was passed because it was thought best to system::i.tize in statutory 1874·------· Illinois. ----.. --. -. ------$~00 fine. form the common law on the subject. Up to this day only three hun­ 1873------· Illinois"" -___ . _. _____ . _- -.. - $5 each. 1874 ______·-·· dred and seventeen foreign trade-marks are registered in this coun­ 1874 ______Indiana'". __.-----· -- -- .. -· $5 each. try. This number hardly justifies the high-soundingperiods used by Kentuckyf ______. - -- ·-- · -· $5 each. the trade-mark advocates about keeping treaty faith. Bnt suppose it was all otherwise; suppose the treaties were not *Counterfeit beer-kegs, &o. t For cheating by false brand, $200. authorized by the Constitution. Is it not an astounding proposition And in many others, doubtless cheating by false ma.rks, &c., may that it is necessary to amend our Constitution to carry out a treaty~ be reached by the criminal laws against cheating generally. In over Who makes treaties on behalf of the United States Y The President, half of these the date is since the act of Congress of 1870 was passed. by and with the advice of the Senate, two-thirds of those present Who will undertake to say why Alabama, Arkansas, Colorado, ·Dela­ concurring. He and all of them are bound by oath to support the ware, Florida, Georgia, Louisiana, Maryland, Minnesota, Mississippi, Constitution, and a treaty not authorized by the Constitution is no New Hampshire, Rhode Island, South Carolina, Texas, Tennessee, treaty; it is ultra v-ires and void. · Every foreign nation contracting Virginia, Vermont, Wisconsin, and West Virginia have not passed with our Government knows that our President is not our sovereign such statutes 'f In all prob~ility, but for believing the ac~s of 1870 but our servant ; that neither he nor any other constitutional officer and 1876 sufficient, many of them might have ma.de such laws. But of oar Government has any authority beyon~ that granted in the they might not have thought the matter very important; for it X-170 2706 CONGRESSIONAL RECORD-HOUSE. APRIL 23, appears (by absence of reported cases) that no one ha~ ever sought to I taxation by which governments live, with war power by which they protect himself at law as to trade-marks in either of the States just defend life, and with the power of making peace by which that life named except Georgia. In the States which have statutes on the is made useful and ennobled. subject is a fixed purpose to punish such crimes, and uniformity in I have been thns tediously arguing this proposition not because of the characte~ of pu~ishment and but µ~tie variety in its qu.ant_a.m. . a:i;y fe.ar of the pa8:9ag~ of this resolution. But so i~portant is sta- . And there is no ev1de1;Jce of any hostil~ty to such laws nor md1spos1- ~1hty m our Constitut~on that I woul.d not have public confidence t10n to make such laws m the States which have th.em no~. I know not Jostled by even a considerable. follow~ng for this proposed amend­ what States have the most trade-marks. From their affimty to patents ment. I trespass on your p&tience with a few familiar facts. The and designs it is fair to presume that they are abundant when patents Constitution was signed in September, 1787, ratified by eleven States and designs abound. The South has few patents and designs; we are by the middle of 1789, and later by North Carolina and Rhode Island. not manufacturers butfarmers. Alabama hasbut61, beingl to every In 178~ twelve ameudments were proposed .. The two first were re- 16,344 of her population; Arkansas has but 28, being 1 to every 17,303; jected-one to limit representatives of the people and the other to Florida has but 9, be~g: 1 to every 20,916 i. Georgia has but 74, beiJ;g prevent an increas.e of ~alari~s of members of Congress during their 1 to every 16,002; LowSlana has but 59, bemg 1 to every 12,321 ; Mis- term of office. It is a pity this last one was not ratified. The reso­ sissippi has but 45, being 1 to every 18,398; South Carolina has but lotion proposing these amendments declared by preamble the reasons 36, being 1 to every 19,600; Texas has 1-it 142, being 1toevery5,769; for them in this language: and Virginia has but 107, being 1 to every 11,450. Th.e conveD;tiOI!S of a. number of tb:e Sf:ates having at the time of the adoption On the other hand, look at some ot the manufacturing States. New of tbIS Constitution expressed a. desire, m order to prevent misconstruction or York has 2,556, being 1 to every 1,717; Connecticut has 504, being 1 abuse of its powers, that further declarat;ory and restrictive clauses shall be added, and as extending the ground of public conJidence in the Government will best in­ to every 945; and Massachusetts has 1,134, being 1 to every 403. sure the beneficent ends of its institution. Count out of Massachusetts the women and children and add her proportion of trade-marks, and there will be about one patent or de­ And what were those amendments ratified Y First, freedom of con­ sign or trade-mark for every man in her borders. science, freedom of the press and of petition for redress of griev­ But it is not in those States of the South only where there are no ances; second, the right to keep and bear arms; third, no quartering such statutes. Neither Colorado, nor Minnesota, nor New Hampshire, of soldiers on citizens except by prescribed law; fourth, security of nor Rhode Island, nor Wisconsin, nor West Virginia has such laws. persons, houses, papers, and effects against nnrea.sonable searches and I do not underrate the importance of the trade on non-patentable seizures; fifth, sixth, seventh, and eighth, just compensation for prop­ articles, in medicine, tobacco, or whisky. Nor will I stop to ·question erty taken for public use, security of life, liberty, and property by the value of the trade-marks to their owners. I will not deny their jury trial, due process of law, moderate bail, aid of counsel, and value, to tho public; but there is less in that than is claimed. The mass speedy and open deliverance; ninth, "the enumeration of certain of purchasers trust more to smell and taste in selecting medicine, to­ rights shall not be construed to deny or disparage others retained by bacco, and whisky, or the like, than to trade-marks, so often and so the people;" tenth, ''the powers not delegated to the United States easily imitated that they know not which is genuine. And if they by the Constitution, nor prohibited by it to the States, are reserved cannot test by their senses because of the goods being covered, & c., to the States respectively or to the people." They were ratified by they trust to the responsibility of their merchant rather than to the the seve:r.:al States within a year. manufacturers' pictures. Certain Turkish merchants " having paid at The decision in Chisolm vs. Georgia showed that under the Consti­ Lyons for golden fabrics (by order of the Grand Seignior) unwittingly tution a sovereign State might be destroyed by the Supreme Court. delivered brass to him. He beheaded them." So says Browne in To prevent such possibility this eleventh amendment placed the States hisLawof Trade-Marks (p. 50) and warningly adds: "Thus much for above judicial jurisdiction. It was proposed Mi 1794 and ratified in implicit faith.in trade-marks." 1796. The twelfth amendment fixed the mode of electing our Presi­ I admit that an identical law throughout the country would be dent and Vice-President and of ascertaining the result. It was ratified very convenient for these parties. Uniform modes of conveying and in 1804. I leave the history of facts which called for these amend­ holding property,during life and of disposing of it by will might ments untouched. You know it well. I speak not of their weight be convenient. Some would like uniform rules for taking testimony and dignity. Such speaking would be wasted in this presence. uniform actions for debts and injuries, uniform punishment for crimes Remember that no one of these amendments enlarged the powers and the like. But the system of our government is different from of the General Government; they were to "prevent misconstruction that. or abuse of its powers." They were "restrictive clauses" and their The report by the Committee on Manufactures in favor of this purpose was" to extend the ground of public confidence in the Gov­ amendment declares : ernment." .And thus the fair column stood, based on States and hav­ It is the paramount interest of the Government t;o protect innocent purchasers ing for its capital the reserved rights of the States and the people of manufactured goods from deceptions, frauds, and countless impositions. till after our lat~ wa.r. T~e ~hunde! of cannon. did not shake it; That is not true. This Government has naught to do with the pro­ fraternal blood did not stam its polish. There it stands to-day in tection of purchasers of manufactured goods. It ought not to have; all respects the same save that the thirteenth, fourteenth, and :fifteenth that work properly belongs to the several States. amendments gave to the slave freedom and elective franchise and to That report adds : the world a pledge of fidelity to our public debt. The difficulties thrown in the way of its amendment by the Consti­ The interest and safety ~f all demand that it. (power t;o /rotect trade-marks,) along with the power of making war, peace, and treaties ; o ta:x:at.ion, regnla.tinjt tution itself and the caution heretofore observed in touching its lim­ commerce, and coining money; of granting patents and copyrights, should be vested itations should make us pause. Asta.rt in that direction "is feared by in the Geµ.eral Government. all who love our dual system. The United States is strong enough. Let Sufter me to call attention to this effort to give a dignity and im­ us magnify the States by an honest trust and generous confidence. Let portance to trade-marks to which they are not entitled. The pro­ us repeat for each: "The people of this Commonwealth have tlie sole posed amendment is for " the promotion of trade and manufactures," :i-nd exclusive right of governing themselves as a free, sovereign, and and the report claims that this trade-mark power should stand in the mdependent State, and do, and forever hereafter shall, exercise and Constitution with patents and copyrights. The Supreme Court in enjoy every power, jurisdiction, and right which is not or may not the case first cited said they were entirely distinct, and all recognize hereafter be by them expressly delegated to the United States of the distinction. The author spends a life-time of seclusion and study America in Congress assembled." that he may w.rite a book. He is frequently not rich, but poor; not Th• are brave words. Do you recognize the quotation f The honored, but despised. A copyright but protects from piracy that Constitution which contains them contained every right guaranteed which, while it may support him, blesses his race. The scientist by the ten amendments just mentioned. Those words have stood un­ or inventor constructs in his brain what no other mind can produce. challenged for a century in tho organic law of that grand old Com­ To perfect his projects costs time and toil. To-day he is buoyant monwealth, whose breast wa.s first bared to British lead at Concord with hope, to-morrow in despair. Capital opposes his innovations; and Lexington, which flashed defiance to British tyranny by the bold ignorance fiahts him. He may be driven from home, as was Four­ signature of John Hancock. to the Declru:a.tion of Independence, and donier from fiance, for inventing the paper-making machine, or Jac­ proudly boasts of that sentiment of her immortal son, "Liberty and qua!d from Lyons, for improving weaving machinery. It is right that Union, one and inseparable, now and forever." genms should be protected and rewarded. And yet so opposed were Let us guard the system of our fathers; the system of sovereign our fathers to monopoly that to these benefactors of mankind they States combined into a Federal Union; the authority of each abso­ gave constitutional protection only for "a limited time," in consid­ lute in its sphere, working together for the good of the peopl~. eration of public use of their inventions, &c., in all future time. Two such silver currents when they join, But what thought or study, what toil or risk, what care or expense Do glorify the banks that bind them in. to the capitalist was involved in such trade-marks as" the shirt,'' I_ would not detract one iota. from the dignity or the power of the "exactly tiwelve yards," "Bismarck,'' (collars,) "genuine Yankee Umted St:i.tes. In all the attributes of nationality, to it delegated by soap," or " Mrs. Winslow's soothing syrup f" Why should they be the Constitution, it is a nation, but with no powers or duties not protected and forever t However, it may as well be forever, forthere is therein nominated. As such nation, in its orbit, it moves like t.he sun, no residuum of good to the pnblic to be abandoned by their authors. grand, majestic, glorious i but out of its orbit, whether by force, leg­ Mark I I am discussing the names, not the things. If the things be islative or judicial, centripetal or centrifugal, it makes of our system worth protection they can have it under copyright or patent laws. chaos and blazes but to burn. · ~or would I cast a. slnr upon trade-marks. I recognize their conven­ Mr. McCOID. Mr. Speaker- ience and usefulness. But their friends make them painfully little Mr. HUNTON. I ask the gentleman from Iowa to yield to me for by contrast when they class them in importance with the power of a motion to take a recess. • 1880. CONGRESSIONAL RECORD-· HOUSE. 2707

Mr. McCOID. I will yield for that purpose, but retain the floor. stitute the creation of a board of assessors of taxation in the District Mr. HUNTON. Then I move the House take a recess until half of Columbia. The reason is that as we are on the chapter now relating past seven o'clock this evening. to taxation, and which will be superseded if th~ amendment I pro­ ELECTION CONTEST-CHARGE OF BRIBERY. pose is adopted, I desire to give this notice in order that we may re­ turn, if necessary, to this section, and not 1'e considered as being The SPEAKER pro t<:mpore, (Mr. GOODE in the chair.) The Clerk shut off from :!-menniog it. will read t.be announcement of a select committee appointed by the Mr. ATKINS. I think if tho gentlem:!.Il intends to a.mend this Speaker. section he should be dlowed to c o~e back at any time during the The Clerk read as follows: consideration of this portion of the bill. ·select committee to investigate alleged corruption in reference to the contested­ election ca-se of Donnelly against Washburn, under resolution of April 17: Mr. Mr. HUNTON. I would suggest, in order to facilitate this matter CARLISLE, M:r. BICKNELL, Mr. REA.GAN, Mr. LoUNSBERY, Mr. O'NEILL, Mr. UPDE­ and give tho gentleman from Illinois [Mr. TOWNSHEND] the fairest GRAFF, of Iowa, and Mr. BUTI'ERWOI~TH. opportuuity with reforence to his a mendment, that he may offer this LEAVES OF ABE,!ENCE. amendment at any part of the tn,x portion of the bill under consider­ By unanimous consent, leave of absence was granted as follows: ation, and if the system of taxation which be shall propose as an amendment shall be adopted, then by consent we can go back and To Mr. MULLER, for one week, on account of important business; To Mr. BEALE, for three days, on account of the deaths of rela- make th~ bill h::trmonions with the amendment. tives; The CHAIRMAN. If there be no objection t hat will be the under- To Mr. PmsTER, indefinitely, on account of important business; standing. To Mr. CmTIENDEN, for to-morrow ; There was no objection. To Mr. LADD, for one week from 25th, on account of important The Clerk read as follows : business; SEC. 139. Each assessor shall, on or before the :first Monday of July, 1880, and To Mr. HEITMAN, until May 1, on account of important business; every third year thereafter, make out and deliver to the commissioners a. return in tabtiia.r form, contained.in a book to be furnished him by said commissioners, of To Mr. DE LA l\iA.TYR, for three weeks, on account of important the ownership, amount, description, and value of the real property subject to be business; listed for taxation in his district. He shall also enter in a. separate 'iist a pertinent To Mr. DAVIDSON, for to-day, on account of sickness in his family·; description of all property exempt from taxation under the provisions of this title, together with the ownership and use of the same, and shall estimate and return the To Mr. HERNDON, for this evening's session, on account of indispo­ true value thereof. All real property, tho ownership of which is not known, shall sition; be returned, a-a to ownership, "unknown." To MT. MORTON, for a week, on account of important business; To Mr. DIBRELL, from this evening's session, on account of indispo- ::l Mr. NEAL. In the second line of this section the year 1880 should sition; be 188'2, in order to' harmonize with the other dates in this code. I To Mr. WHITEAKER, for to-night; move to amend by substituting "1882" for " 1880." If, after we have To Mr. DAVIS of North Carolina, for ten days; finished the code, Congress sees fit to make an amendment fixing an To Mr. KEIFER,1 until the 29th, on account of important business; and earlier date, that would meet my approbation completely. To Mr. URNER, for one day. The amendment was agreed to. The motion of Mr. HUNTO:N wa.a then agreed to; and accordingly The Clerk read as follows : (at four o'clock and twenty-two minutes p. m.) the House took a re­ SEC. 142. The collector, treasurer, a.ml three judicious freeholders, to be ap­ pointed by the commissioners, shall compose a boa.rd of equalization of the real cess until half pa.st seven o'clock. property, o.nd they shall convene at an' office, to be provided by the commissioners, on the fu:st Monday of September, 1880, and every third year thereafter. They EVENING SESSION. shall each ta.ke a.n oath fairly and impartially to eqnalize the value of the rea.l prop­ erty according to law. llny four of them shall constitute a. quorum, and the treas­ The recess having expired, the Honse reassembled at seven o'clock urer shall act as clerk, and keep a full and accurate account of their proceedings and thirty minutes, Mr. FROST in the chair as Speaker p1·0 tempore. and orders. They shall immedia.telv proceed to equalize the valuation ma.de as aforosaid by the assessors, so that each tr.wt shall be entered upon the tax list at ORDER OF BUSINESS. its true value in money; and for this purpose they may rais~ the valuations of Mr. HUNTON. The evening session being fixed for the considera- such tracts or lots as, in their opinion, may have been.retnrned below their true tion of business from the District of Columbia Committee, I move the value, and rednce the valuation of such ail they may believe to have been returned · lf · h C •tte f th Wh 1 h above their true value to such sum as, in their opinion, 'may be the true value Honse now reso1 ve itse mto t e OIDIIll e 0 e o eon t estate thereof; but they shall not reduce the aggregate •alue of the real property below of the Union for the purpose of continuing the consideration of the the aggregate value thoroof a.a ma.de and returned by saiu assessors: bill (H. R. No. 5541) to establish a municipal code for the District of d Columbia. Mr. JlpNTON;, In l~e G o.f the _ sec~~on .ja.i;,t read I move tu amen The motion was agreed to. by str1kmg out 1880 and msertmg 1882. The House accordingly resolved itself into the Committee of the The amendment was agreed to. . . Whole on the state of the Union, Mr. BURROWS in the chair. Mr. TALBOTT. I offer the followmg amendment· The CHAffiMAN. The Clerk will report the title· of the bill ~ ftn line 13, after the word " true," insert the word "cash;" so that it will read, The Clerk read as follows: ~~~~i!~e=j,valueinmoney." Andaftertheword "money" add "notlooking A bill (H. &. No. 5541)toesta.blishamunicipalcodefortheDistrictof Columb l\' NEAL Th t d t add thin t .._ h f f th" c.1.r. . a oes no any g o lJ e orce o is pro- DISTRICT MUNICIPAL CODE. vision. The true value in money means of con.reo the trae cash value Mr. BARBER. I would like to inquire of the gentleman in charge in money. of this bill what his understanding is in regard to section 132- Mr. TALBOTT. Why, then, not put the word inf whether those leasehold estates are to be assessed as personal property Mr. NEAL. It is not at all necessary. I hope the amendment will or real estate 'I . . not be agreed to. The two terms are synonymous. . Mr. NEAL. As r~al estat~. The sncceedmg chapter, chapter 2, will Mr. HUNTON. I beg leave to suggest to my fi;iend from Maryland give the necessary mformation. [Mr. TALBOTT] that money is al ways cash. The Clerk read as follows: l\lr. TALBOTT. The gentleman from Virginia will find that that SEc. 134. Real property shall be assessed and valued in the year 1882, and every is the language employed in nearly all acts assessing the value of fifth year thereafter, as herein provided. property. It me.ans the cash vn.lue of the property at the time of an Mr. HUNTON. Mr. Chairman, there is a misprint in the seco:r:C line assessment, not looking to ::1> forced sale. If gentlemen all say that of section 134. The word fifth onght to be third, so as to correspond that is the meaning intended, why not let those words go in J with the subsequent .section. I move, therefore, to strike out fifth Mr. TOWNSHEND, of Illinois. I think the language here is plain and insert third. enough to show that the cash value is intended. I do not recollect The amendment was agreed to. that in my own State any such phraseology is employed as the gen- The Clerk read a-s follows: tleman from Maryland desires to insert. SEC. 138. Each assessor shall, in all cases, from actual view, and from the best Mr. PRESCOTT. Let the two amendments be presented to t.he. sources of information in his reach, determine, as nearly a.a practicable, the true committ.ee separately. value of each separate tra<:t or lot of real property in his district in lawful money, Mr. '£ALBOTT. The difference is this : Property will sell for more. and he shall separately estimate the value of an improvements on any tract or lot, and shall note the same in his plat-book, which shall be carried out as part of the at a credit sale than its true value. "True ca.sh value" is the propel" valne of such tract or lot, and he shall also return the dimensions to each tract or phraseology; and gentlemen will find when they investigate this. lot. · • matter and examine the different acts in all the States of this Union Mr. PRICE. I should like to inquire of the gentleman in charge of the term "cash vaJue" is used because it puts a cash value and not a. this bill whether it is the intention to make the assessor value the credit value upon the property. lot, say at a thousand dollars, and the building on it, say at five hun- Mr. BREWER. I would suggest to the gentleman from Maryland dred dollars, and carry them out separately, or give the sum in the that if we put in the word "cash" here it will be necessary to ge> aggregate i back and put it ill all through the chapter, because tho term "true Mr. HUNTON. The intention of the bill is that they shall be car- value" is used all through in place of" trne cash v::i.lue.;' If it is de- ried out separately. sired to define what true value is meant, perhaps that had better be Mr. NEAL. ~he object of that is in case that the building should done by a separate section to be inserted hereafter. I think it would be destroyed the value of the lot could be ascertained from the tax- not accomplish any good purpose to put it in here. book. Mr. ATKINS. l\Iyfriend from Illinois [1\Ir. SPRINGER] suggests the Mr. TOWNSHEND, of Illinois. Mr. CJ::¥i,irman, I desire to give term "hard cash." [Laughter.] notice that when the Clerk shall reach chapter 7 I shall offer as a sub- Mr. TALBOTT. I withdraw the latter portion.of the amendment, •

2708 CONGRESSION.AL REOORD-HOUSEo APRIL 23, which proposes to insert the words " looking to a forced sale," and Now, throwing out of view entirely any complaints or difficulties only ask for t;h.e insertion of the word " cash." thatmayarisa, you want to get at the cash value of the property; Mr. THOMPSON, of Iowa. Wha.tever the idea of the gentleman that is what yon are after. Row will ~1 ou fix it Y from Maryland may be in proposing to change the word " money" to There is the market value of the property, the cash value, the the word "cash," I would suggest that the word " cash" is simply a value in money of the houses and of the lands in this District. Let term used by common consent a.s applicable to a certain kind of trans­ the assessors determine that value. If it is found that thev have action and a certain article. But when you speak of the legal money put my propArty $5,000 or $10,000 too high I have a right to have the of the United States you never hear used the term "legal cash" of the valuation rednced to the proper amount. I am not to be deprived United States. In speaking of the legal currency of the country the of that because they have fixed some other valna.tion in such a way word "money" is that which is always used. that they cannot reduce mine without reducing the aggregate. That The amendment was not agreed to. would be an absurdity. They can only tax me what is the true value Mr. BROWNE. I have an amendment to propose to this section·; in money of my property. They have no right to tax me on a. valu­ but before offering it I would like to know from the gentlemen who ation of $10,000 more than I am worth because they have made a have the bill in charge why it is that in the latter clause of the sec­ blunder somewhere else. tion they provide that in the equalization the aggregate value of the .A.gain, it is said that they must equalize it by putting on the valu­ property shall not be returned. ation of other property what they take off mine. Not at all. My Mr. HUNTON. I will answer my friend from Indiana with pleas­ neighbors Jones and Smith do not want the 5,000 or $10,000 taken ure. The whole property of the District is assessed at a certain per­ from my valuation put on theirs. They would complain of that. centage to bring a certain amount of taxation; and when this board Nobody wants the extra sum put on his valuation. of equalization meets, then if some property is assessed too low in Mr. WILBER. Will the gentleman allow me to ask him one ques­ proportion to other property, they elevate the one or depress the tion 'I other. Mr. ROBINSON. Certainly. Mr. BROWNE. I understand that. Mr. WILBER. Suppose that in these districts where the assessors Mr. HUNTON. And it does not matter at all how high the prop­ assess the valuation of the property-I suppose each one assesse~ in erty is assessed if there is a. proportionate assessment. ~s own district-suppose that one assesses the property in his dis­ If you a.nd I have to raise a hundred dollars in taxes, and you have trict at a much lower rate than the assessor of another diatrict as­ ten thousand dollars' worth of property and I have five thousand sesses the property in his district. If the one assesses at a much dollars' worth, it does not matter whether yours is put at 10,000 or lower rate tlian the other we want it equalized so that each district $20,000 in the assessment if mine is also put at 5,000 Qr 10,000, be­ will be assessed alike. cause the percentage will make it all right between us. That is the Mr. NEAL. That is it. principle of this bill of assessments. Mr. ROBINSON. I cannot see the least difficulty even with the ten­ Mr. ROBINSON. I dislike very much to take up any of the time district system. If the valuation as made upon the property of any of this committee, because I know gentlemen desire to go forward individual is too much or too little, let it be rectified by this board; with this bill as rapidly as possible. But I am troubled about that that is, bring it up or carry it down to the true value. This is the last clause, the same as is the gentleman from Indiana., [Mr. BROWNE,] common sense of the thing. and I spoke of it at the last session that we had on this bill. Mr. WILBER. Furthermore, suppose the assessments are not uni- My friend from Virginia [Mr. HUNTON] says that you first deter­ form in the same distrfot, let the board of equalization correct that. mine upon a certain percentage of tax to be imposed. Then, if you Mr. ROBINSON. Very well; I agree with the gentleman. get the valuation assessed too high upon any particular piece of prop­ Mr. BROWNE. Mr. Chairman, is there any amendment pending f erty yon may reduce it, but you shall not rednc• the aggregate value The CH.AIRMAN. There is not. of the property below the valuation fixed by the assessors. Now, Mr. BROWNE. In order, then, that we may have a question prop­ unless I am all wrong about this matter of taxation and assessment, it erly before the committee, I move to amend by striking out all after is done something in this way: there is a certain sum of money to be the word "thereof," in the nineteenth line, to the end of the section. raised by taxatiOn ; we will say that the sum of 200,000 is to be raise~ The Clerk read the amendment, as follows: by taxation. There is the property of this District upon which you Amend by striking out at the end of the paragraph the following words : are to aasess that amount of taxation, that sum of 200,000. But they shall not reduce the aggregate value of the real property below the In the first place the assessors will fix a valuation upon my house, aggregate val11e thereof as made and returned by said assessors. upon your house, upon the houses of my neighbors, upon all the Mr. ALDRICH, of Rhode Island. It is very evident that the gen­ stores, &c.; upon the real estate and then upon the personal prop­ tleman from Massachusetts [Mr. ROBINSON] misapprehends the pur­ erty; and in that way they will make up the entire aggregate valua­ pose and effect of this section. In the first place it applies to real tion of the District. .And the proportion that the amount to be raised estate only. If the assessment of any man's property is too high or too by taxation bears to the whole valuation determines the percentage. low, it is so ouly by comparison with the real estate of his neighbor. That, I suppose, is a very familiar matter of practice. It makes no difference to a man if his property is assessed at twice Now I desire to ask the attention of the gentleman from Virginia the amount it ought to be, provided every other man's property in the [Mr. HUNTON] a minute to this. He says that if the assessors rate District is assessed in the same proportion. my house at too high a valuation they may reduce it, provided, how­ l\Ir. ROBINSON. But suppose the personal property is also assessed ever, that they shall not reduce it if by J!O doing it will tend to re­ too high f . . duce the aggregate valuation which they have fixed upon the prop­ Mr. ALDRICH, of Rhode Island. This has nothing to do with per­ erty of the entire District. Is that it Y sonal property. This question relates solely to real estate; the ques­ J\ir. HUNTON. That is it. tion of personal property is not involved in any way. If the object Mr. ROBINSON. That is it. of the Government is to raise a certain amount of taxation, say Mr. NEAL. That is not it. 1,500,000 upon a valuation of 100,000,000, it makes no difference to Mr. ROBINSON. One gentleman says "that is it," and one says the tax-payer, so long as the assessment is equal, whether the real "that it is not it." Now, I want to find out what it is. estate of the District be assessed at $100,000,000 or $150,000,000. Mr. NEAL. I can tell the gentleman. Mr. SIMONTON. But suppose the assessment of real estate is so Mr. ROBINSON. I would be very glad if the gentleman would do so. Jµgh as to pay, at the rate of taxation fixed upon, the whole amount Mr. NEAL. Tho District of Columbia is divided into ten sub-dis- of taxes required¥ trict.a, and each of the sub-districts has an assessor, who is sworn to Mr. ALDRICH, of Rhode Island. Then, let the rate of taxation be appraise the property of his district at its true value in money. Now reduced. But that is not possible, because personal property is taxed if these assessors should make a mistake and should appraise the also; and that is taken into consideration in making up the assess­ property of the gentleman from Massachusetts a little too high and ment. It is supposed that these a.ssessors will come very near the appraise my property a little too low, they will equalize it by taking actual value of all this property. They are to be selected for this it off him and putting it on me. If one of the assessors, in the opin­ purpose, sworn to perform their duty ; and it is expected they will ion of this board of equalization, should appraise the property in bis come very near to the proper value in all cases. But if one man's district at too low a rate of valuation, they will add to it, and tako property should be assessed too high by comparison with the property it off the other sub-districts. In that way they will equalize the val- of his neighbors, or one district should be assessed too high in com­ uation of the property all over the District of Columbia. . parison with other districts, the board of equalization will change Mr. VAN VOORHIS. Suppose they do not find anything to add to. the r~ative position of those persons or districts, leaving the aggre­ Mr. NEAL. They will find it. They will take the whole property gate just the same. of the District and ascertain from all the information they can obtain Mr. SAMFORD. Let me ask my collAagne on the committee [Mr. what the valuation should be, and level it up and level it down as ALDRICH, of Rhode Island] a question which myothercolleague, the may be required. gentleman from Ohio, [Mr. NEAL,] did not answer. I understand Mr. DUNNELL. Keeping the aggregate the same. that under this system it is entirely possible to assess the real estate Mr. NEAL. If you should allow these gentlemen to reduce the ag­ of the District far above its true value. gregate valuation, the consequence would be that the property-own­ Mr. ALDRICH, of Rhode Island. It is not possible. ers all over the District would be appealing to them from day to day Mr. SAMFORD. What, then, is the force of the gentleman's argu­ to reduce the valuation on their property. ment when he says it makes no difference (provided the assessment Mr. ROBINSON. There is always a difficulty about taxation. Peo­ be equalized) whether it is twice the value of the property or one-half ple are unwilling to have taxes put on them, and I suppose the as­ its value. sessors will not have a welcome duty to perform. Mr. ALDRICH, of Rhode Island. I say it makes no difference in •

1880. CONGRESSIONAL RECORD-HOUSE. 2709

its effect upon the tax-payer; but it is not possible under this sys­ Mr. TALBOTT. That is acceptable to me. The only thing I wish tem, because we suppose that the assessors will use ordinary care and to do is to prescribe some limit within which the work is to be done. judgment in making their assessments. Mr. BROWNE. I guarantee, if you put the liinit at sixty days, Mr. SAMFORD. Yet, by a previous section the assessor is required they will sit sixty days and draw pay for the whole time. under oath to return the property at its true value. Mr. WILBER. Let the gentleman withdraw his amendment and Mr. ALDRICH, of Rhode Island. Certainly, that is the duty of the make it thirty days. · assessor, not of the board of equalization. T l\fr. NEAL. I will make it thirty days if that be acceptable to the Mr. SAMFORD. Then the board of equalization must come along committee. and reduce the assessment where it is too high. Now, the incon­ Mr. HUNTON. Do not put it below sixty days. sistency of the system is right here: the intention is to require the Mr. TALBOTT. I will not accept below sixty days, but I am aatis- people of this District to pay one-half of themoneynecessary to carry fied they can do it before then. on the expenses of the Government. That is the object.of the law. Mr. NEAL. Very well, then, put it, not exceeding sixty days. Furthermore it is unlawful for the authorities of the District to adopt Mr. NEAL'S amendment to the amendment was agreed to. a higher rate of taxation than lt per cent. Now, if the true value of Mr. TALBOTT's amendment, a.a amended, was then adopted. the property in the District does not raise a million and a half of Mr. ATKINS. I do not wish to try to amend the bill, because I am dollars, which is the amount the District authorities must raise to satisfied it has been carefully examined by the committee, but I ask . carry on th~ Government, then according to the gentleman's argu­ whether they do not think it better to amend, instead of ''per day," ment the valuation of the property must be raised so that the tax of by inserting the words, "for each day of actual service." lt per cent. will bring in a million and a half of dollars. Mr. NEAL. That is all right. Mr. ALDRICH, of Rhode Island. I have made no such statement. Mr. ATKINS. Then I move, instead of the words "per day," that The gentleman takes an arbitrary sum which he assumes to be neces­ the words " for each day of actual service " be inserted. sary to meet the expenses of the District. Mr. HUNTON. I have no objection to that amendment. Mr. SAMFORD. Is it not the estimate that the aggregate amount The amendment was agreed to. of money to be expended by the District authorities shall be $3,000,000, Mr. ATKINS. I desire t9 ask the committee again if they do not of which the General Government shall pay one million and a half, think it t.akes quite as valuable and quite as competent a man to be and the people of the District the other million and a half Y an assessor aa it takes to be a freeholder on this board of equalization, Mr. ALDRICH, of Rhode Island. I will agree that the people of and why it is, therefore, that they put the pay of one at $4 a day and the District cannot be assessed at a higher rate than 1t per cent. upon the freeholder at $5 a day? I do not propose to offer an amendment the valuation of their property. If that rate of taxation does not bring to that effect; I only ask for information. in the requisite sum of a million and a half of dollars, which the gentle­ Mr. HUNTON. The committee thought, after mature considera- man undertakes to say will be required for the expenses of t.he Dis­ tion, that this arrangement was proper. . trict, then those expenses must be reduced or-- Mr. DUNNELL. I rose when the gentleman from Tennessee did to Mr. SAMFORD. Of course I say that. move an amendment by striking out ''five" and inserting "four" in Mr. ALDRICH, of Rhode Island. The organic act must be changed that section, and I have merely to say, what the gentleman from Ten­ to allow the rate to be raised. nessee [:Mr. ATKINS] has said, that the assessor should be as good a Mr. SAMFORD. You stated my position correctly at first. man as there is in the city, as good a man as the freeholder, and that The CHAIRMAN. The time1for debate has expired. he should be paid $5 if the freeholder is to be paid $5 who is to sit Mr. BROWNE'S amendment was rejected. on this b0ard of equalization. Four dollars a day is the average pay The Clerk read as follows: for like services elsewhere, and I think that is sufficient. SEC. 14.'l. The three freeholders appointed, as aforesaid, members of said board Mr. BROWNE. I understand that this board of equalization will of equalization, shall receive as compensation for their services the sum of $.5 per meet once in every three years and to be engaged for a period of day. about thirty days. The gentleman's amendment, therefore, is in the Mr. TALBOTT. I wish to offer an amendment to that section. In the interest of economy, as it will save the District the sum of 30 a year. act there is no time prescribed when this board of equalization shall · .Mr. SPRINGER. Oh, no; more than that. finish its duties, and, th~refore, I move to add at the end of the sec­ Mr. HUNTON. It will be 90. tion, " and shall complete said equalization within a period of six Mr. BROWNE. It will be $30 a year, for they only meet once in months from the date of their organization as a board of equalization." three years, unless my arithmetic is all wrong. I think if you can My object in that, Mr. Chairman, is this: this act is silent as to when get persons competent for this duty at $5 a day it should be paid, the labors of this board shall be completed. You create and appoint and is low enough. three officers, at $5 a day each, and do not say when they shall finish Mr. ATKINS. I am a great advocate of economy, as is well known, their labors. I do not care whether it is ninety days or six months, but I did not make the motion in this case to reduce the amount. but I put in i;>i.x months, and the Honse can name any other period it The gentleman from Minnesota, who made it, may defend his own sees proper ; but some time should be fixed within which the duties amendment. of this board should be completed. As I have said, you can make it Mr. DUNNELL. In reply to the gentleman from Indiana, I do not ninety days if you choose. In my State we had a reassessment of undertake to say that a man may not earn his $5 a day as one of the property, and we had a board of review in our county, and when they board of equalization, but I simply insist that there should be har­ could not complete their labors within ninety days the governor had mony and consistency in the bill. Four dollars a day for an assessor to extend the time, but that was owing to the fact we had different and $5 a day for an equalizer is proposed in this bill. Now, I cannot assessors in each election district, having in all thirteen election dis­ see why a better man should be required for the one service than the tricts. They came in there, for instance, and one set of assessors on other. The assessors do the work but once in three years; I do not one side of the road would assess property at $200 an acre, and the know how long a time it will take, but they make the valuation but others directly opposite woald assess it l-t 75 an acre ; and so it was once in that period of time. I think, too, that it is a very sad defect all over the county, and they could no1 possibly complete the labor in the law that a man building, say, one year immediately after the of equalization within ninety days, ana therefore thetime had to be assessment, his property should run for two years without being as­ extended by the governor. sessed at all. Now, while I do not approve this act, I do not propose to fight it. Mr. NEAL. The gentleman will allow me to correct him. Provis­ If you appoint three competent men of the District of Columbia, who ion is made in the bill for the valuation of all new structures every should take into consideration the assessment of all property and go year. from one end to the other, and give them a year to do it in, y~m would Mr. DUNNELL. Very well; I accept the statement, and I will have then a most perfect system of taxation, and it would be more confine myself to the amendment. I think the aRsessor should be nearly equalized than you ever could get it-than to have ten assess­ paid as much as the equalizer. That is my amendment. ors and a boa.rd of review afterward. If yon are going to have this Mr. HENKLE. Mr. Chairman, in reference to this subject­ board of review, it is no more than right and proper you should fix The CHAIRMAN. Debate on this amendment is exhausted. some limit of time when they should complete their duties. Mr. HENKLE. Then I move to strike out the last word. Mr. NEAL. There is not the least probability, Mr. Chairman, this To my mind the reason why these gentlemen who are to supervise, board of equalization will be in session at any one of these triennial readjust, and equalize the assessments should be paid more than the periods for a longer time than thirty days. The work which is re­ others is self-evident. The men who make the assessments of the quired of them can be done in that time easily. The committee did property in the various sub-districts are required and expected to be not·think it worth while to put this limitation upon them, because familiar with the property in this particular district, and with its they are required by the law forthwith to go to work to do it. There value and other circumsta.nces connected with it. But those who are are three of t~m who are each to receive compensation at the rate to equalize, to review, and readjust the whole system have to review of $5 a day, and the other two are to discharge their duties as part of the work in the whole District of Columbia, and they are necessarily the duties of the office for which they receive a salary. I have no required to be men of larger experience and greater executive ability, objection if the committee think it best to put a limitation upon them and their labors are more onerous, and it is evident to me, at least, as to the: time, but let it be a great deal shorter time than six months. that they should be paid a higher rate per day for that service. Sixty days is the longest time which should be allowed, and thirty The CHAIRMAN. The question is on the amendment of the gen­ days is ample for every practical purpose. tleman from Minnesota to strike out ''five" and insert "four." Mr. ALDRICH, of Rhode Island. Say not exceeding sixty days. The amendment was not agreed to. . Mr. NEAL. I move to strike out "six months" and insert "not Mr. YAN VOORfilS. I should like to hear that section read as it exceeding sixty days." has been amended. •

2710 CONGRESSIONAL RECORD-HOUSE. APRIL 23,

The section was again read as amended. Mr. TALBOTT. I desire to ask the gentleman who has charge of The Clerk read as follows: this bill one question : Why have yon two sets of assessora, one set SEO. 144. Tho valuation of the real property made and equalized as aforesaid for the assessment of real property and another for the assessment of shall consitute the basis of taxation for the next succeeding period of five years, personal property Y Why could not one assessor, when he visits a and 11.Dtil another v:l.Lnation is made according to law. property, attend to the whole matter of assessment at once '1 Mr. NEAL. Mr. Chairman, there is ::i.misprintin this section. The Mr. BROWNE. I rise to a question of order. I want to know what word " :five" in the third line of the section should be " three." I move is be!ore the committee for discussion. to amend it by making it "three" instead of "five." The CHAIRMAN. The amendment of the gentleman born Vir­ The amendment was agreed to. ginia, [Mr. HUNTON,] to strike out the latter portion of the section. The Clerk read as follows: Mr. NEAL. I will answer the question of the gentleman from CHAPTER III. Maryland [Mr. TALBOTI'] briefly. The assessment of real estate ia THE LISTING OF PERSONAL PROPERTY. made once in every three years. The assessment of personal property Sxc. 145. Every person of full age and of so11.Dd mind shall, when required by is made every year. These assessors will be appointed each year for the proper officer, list at its true value in money the personal property of which he t;tie duties which are devolved upon them. Ono man may be a very is the owner, and all moneys in his possession, all moneys invested, loaned, or other· competent person to assess real estate and not a competent person to wise controlled by him as agent, attorney, or on account of any other person, company, or corporation whatsoever, and all moneys deposited subject to his order; and all assess personal property; and vice versa. It was thought best, there­ credits, certificates, and other evidences of debt. due or owing from any person, fore, that the commissioners should have the power if they saw fit not body corporate or politic, whether in or out of the District, all money loaned on to appoint the same set of men, but to appoint different sets of men pledge or mortgage of real estate, although a deed or other instrument may have for the discharge of these separate and distinct duties. been given for the same, if between the parties the same is considered as aurety . merely. The ;\lroperty of every ward shall be listed by his guardian ; of every The question being taken on Mr. HUNTON's amendment, it was not minor child, idiot, or lunatic having no guardian, by his father, if living ; if dead, agreed to. by the person having the property in charge. The Clerk read as follows : Mr. PRICE. I would like to ask some gentleman from the com­ SEC. 149. Any person who is called upon to list property, and who may claim to mittee what ia meant by that f I see that that list embraces all the have none, either on his own accou.il.t or for others, subject to taxation, shall be re· moneys and credits that a man has. Now, suppose he has $10,000 and 9,uired by the assessor to make oath to the truth of his claim in that behalf. The listing of the property of a corporation shall be made by tho president, secretary, he owes $5,000, is there any provision made for that f or· other principal officer thereof. Any person who is called upon to list propert.v, Mr. NEAL. Provision is made in this chapter further on for the and who may claim that said property is -exempt because of its being properly deduction of his debts. I wish to say to the gentleman from Iowa taxed in some State or Territory of the United States, shall, nevertheless, answer and all other persons present that this code is perfect. all and si.Dimlar the interrogatories of said inventories, ancl shall attn.ch to the affi. davit the further statement that all of said property is not subject to taxation by Mr. PRICE. Then I may be permitted to say to my friend from reason of being taxed elsewhere, stating specifically the place where taxed. Ohio that it is the only perfect thing I have ever been able to :find. [Laughter.] Mr. BARBER. I offer the following amendment: Mr. NEAL. I am glad to be able to saytothe gentleman then that In line 3, strike out the word " shall" and insert the word " may;" so that it will read: he has at last been able to :find one perfect thing. "Any person who is called upon to list property and who may claim to have none, Mr. PRICE. Notwithstanding that this ia a" perfect" production, either on his own account or for others, subject to taxation, may be :t'equired," &c. mortals like myself might ·think this provision ought to come in here. Mr. NEAL. If the gentleman will sit down and wait he will see If this amendment is not made, the assessors would be required to that it eomes in better where it is. put every man in the District on the roll. Mr. BRIGGS. I move to amend this section of this "perfect" doc­ Mr. NEAL. Certainly; that is what I want. ument by striking out the word "surety " where it occurs in the thir­ The amendment was not agreed to. teenth line, and inserting the word "security," so that it will read : Mr. BARBER. I would like to ask the gentleman from Ohio a question. If this bill is so perfect as he represents it to be, why is it If between the parti618 the same is considered as security merely. a protest against its passage has come in from the citizens of the Dis­ Mr. MCMILLIN. "Security" is the proper word. trict numerously signed f Mr. VAN VOORHIS. I think the word "security" ia the proper The Clerk read as follows : one, and the amendment is correct. SEc. 153. The shares of capital stock of national banks shall be included in the The amendment was not agreed to. valuation of the personal property of the owner or holder of such shares at their Mr. ROBINSON. I move to strike out the last word merely to say real value in money. When the owner or holder is a non-resident, or is absent from that according to the view suggested by the ~entleman from Ohio the District, or neglects or refuses to make true return thereof, the cashier, presi­ [Mr. NEAL] we skould all hold our peace until we get through the dent, secretary, or other principal officer of the national bank in which such stock bill, and not avail ourselves of any opportunity of making or offering is held, shall make such return. an amendment.· I submit that is not quite fair to us. We might as . Mr. SAMFORD. I move to strike out the last word for the purpose well go home and let the District Committee sit down and praise of asking the chairman of the committee, the gentleman from Vir­ themselves for this "perfect" bill. If it is all right let us know it in ginia, a question. I find in the old copy of this bill, the only one I . advance that we may pass it and go home. If this ia a perfect vol­ have examined heretofore, the two sections numbered 153 and 154 mne I do not know how we can offer amendments to it. [Laughter.] included in one section which in the old bill is numbered section 153. I withdraw my amendment. I have no recollection of that section 153 having been changed to two The Clerk read as follows : sections in the committee. SEO. 146. The commissioners shall, on or before the first Monday of April of the I desire further to ask why upon the shares of capital stock of na­ year 1880, and every year thereafter, divide the District info convenient sub-dis· tional banks the individual owners or holders are taxed; whereas in tricts for the listing of personal property mentioned in the preceding section, so the case of all other corporations, including banks in the District, the that the entire District.may be assessed in a period of twenty days, and shall ap­ point a suitable person as assessor for each of said sub-districts. Each appointee tax is not levied against the individual owner. What ia the object shall, within five days after being duly notified of said appointment, give bond, of making that change Y · with security to the acceptance of the commissioners, in the sum of $1,000, that Mr. HUNTON. The reason is that the national-bank law requires he will well, faithfully, .~d impartially discharge all the duties devolved upun the bank shall not be taxed and you have to tax the holders of the him by law, and shall moreover take an oath of office. If any person so appointed shall fail to give the bond, or take the oath within the time aroresaid, his appoint. capital stock. ment shall l>e void, and the commissioners shall, without delay, appoint some Mr. SAMFORD. I withdraw the amendment. other suitable person j;o 888ess such sub-district; and the person so appointed The Clerk read the following : shall qualify as aforesaid. SEC. 155. Every company, association, or person not incorporated under any law Mr. NEAL. When this code was prepared it was supposed we of the United States for banking purposes, who shall keep an office or other place could have it enacted into law before the first Monday of April. It of business, and engage in the business of lending money, receiving money on de­ posit, buying and selling bullion, bills of exchange, notes, bonds, stocks, or other will now be necessary to change the date in the second line of this evidences of indebtedness, with a view to profit, shall be deemed a bank or banker section. We might either change the month or the year. I suggest within the meaning of this chapter; and all such banks and bankers shall annu· that we pass this over informally until we find out what progress we ally, on or before the fl.rat Monday of May, make out and return to the treasurer, make. under oath of the owner or principal manager thereof, a statement settinu forth- First. The average amount ·of the notes and bills receivable discountett or pur­ Mr. TOWNSHEND, of lliinois. I suggest this bill will not become chased in the course of business by such bank or banker, and considered good and law till the 1st of Joly anyway, and you might as well change the collectible. year. Second. The average amount of accounts receivable. Mr. NEAL. Then I move to amend by inserting" 1881" in place Third. The average amount of cash and ca.sh items in possession or in transit. Fourth. The average a.mount of all kinds of stocks, bonds, or other evidencos of of "1880." indebtedness held as an investment, or in any way representing assets. The amendment was agreed to. Fj..fth. The average amount of real estate at its assessed v\lue, describing the Mr. HUNTON. I move to amend by striking out the latter part of same. Sixth. The average amount of deposits. the section, commencing at the beginning of line 13, namely, these Seventh. The average amount of accounts payable, exclusive of current deposit words: accounts. . If any person so &:{>pointed shall fail to give the bond, or t.ake the oath within Eighth. The a.mount of capital paid in or employed in such banking busmess, the time aforesaid, his appointment shall be void, and the commissioners shall together with the number of shares or proportional interest each shareholder or without delay, appoint some other suitable person to assess such sub-district; and. partner bas in such association or partnership. the person so appointed shall qualify as aforesaid. From the aggregate of the first five items enumerated,, the said treasurer .shall deduct the aggregate sum of the fifth, sixth, and seventh items, and the remamder This provides that the appointment shall be void if the party fails thus obtained shall be entered upon the books of the collector in the name of such to give his bond. We have already, on pages 5 and 6, made a general bank or banker, and shall be subject to taxation the same as is provided for other provision as to all officers, and it ia unnecessary to repeat it here. personal property. 1880. OONGRESSIONAL RECORD-HOUSE. 2711

Mr. ROBINSON. Let me call the attention of the committee to is located beyond the District has ever been incorporated by act of the last paragraph of this section, which reads: Congress. The latter part of this section reads : From the aggregate of the first five items enumerated, the said treasurer shall Provided, Where, by the act oi. Congress incorporating any such railroad com­ deduct the aggregate sum of the fifth, sixth, and seventh items, &c. · pany, a different mode of taxation is prescribed, the provisions of this section shall Why is the fifth item put in and then taken out f not apply. Mr. NEAL. I will state to the gentleman the object is that there Now, unless street railroad companies are included in this section, may appear in this return a full statement of all the property of the I do not see the application of that proviso, because no other rail­ bank or banker. The committee will observe that the fifth item re­ roads in this District have been incorporated by act of Congress. I lates to the real estate of the bank or banker. That real estate being understand that railroad companies whose lines run into this District included in this return, and being otherwise taxed, must of necessity from beyond it are incorporated by State laws. be taken out of the whole return in order to determine what amount Mr. NEAL. If the gentleman from Alabama will examine section of property the bank or banker has liable to taxation under this sec­ 154 he will find that ample provision is there made for taxing street tion other than the real estate. It is only to make the statement com­ railroads. That section is as follows : plete and perfect in the first instance, showing all the property of The capital stock of all other corporations not exempt by any of the provisions the bank. Then this fifth item is deducted, because it is already of this chapter shall be returned to the assessor at its true cash value by the taxed in the shape of real estate. cashier, president, secretary, or other principal officer thereof, but from such valu­ Mr. ROBINSON. Then the gentleman means to say that it would ation shall be first deducted the appraised value of any property in the District be the same as if it rea-0. "from the aggregate of u," first four items which may be separately taxed against said corporation, &c. enumerated, the said treasurer shall deduct the aggregate sum of the Mr. SAMFORD. Let me ask the gentleman whether or not it is sixth and seventh items f" intended to tax the street-railroad companies for the use of the streets Mr. NEAL. Yes. over which they run f Mr. HUNTON. The result is the same. Mr. NEAL. We tax the capital stock of the street-railroad com­ Mr. ROBINSON. Of course the.result is the same. panies, as of all corporations incorporated and doing business in the Mr. NEAL. And this does no harm. District. This section 158 applies to only two railroad companies, the The Clerk read the following : Baltimore and Ohio and the Baltimore and Potomac. Now, the char­ SEC. 157. Every agency of an insurance company duly incorporated, the principal ter of the ~altimore and Potomac Railroad Company provides that office of which is located beyond the District of Columbia, shall retnrµ to the the taxes assessed against their property shall go for a specific par­ treasurer, in the month of April, annually, the amount of the gross receipts of such pose. a,gency, less the losses paid in the District during the next preceding year. The remainder shall be entered upon t.lte tax-list a.nd be subject to taxation as other per­ Mr. SAMFORD. Let me ask the gentleman whether either of these sonal property. companies is incorporated by act of Congress Mr. SAMFORD. I move to strike out the last word for the purpose Mr. NEAL. Certainly not; their principal office for doing business of asking the gentleman from Ohio [Mr. NEAL] a question. I under­ is outside of the District. stood that in the Committee on the District of Columbia there was Mr. SAMFORD. What do you mean, then, by your proviso f an amendment offered and adopted to this section to insert after the Mr. NEAL. 'J'he Baltimore and Potomac Railroad is chartered, so word "District," in the second line of the section, the words '' anu far as the District of Columbia is concerned, by act of Congress. street railroads in said District." I would inquire of the gentleman Mr. SAMFORD. That is what I asked. if those words were not inserted Y Mr. NEAL. And the Baltimore and Ohio Railroad Company is also Mr. NEAL. The section just read has reference only to insurance chartered by act of Congress. But by the charter of the Baltimore companies. andPotomacRailroad Company the taxes levied upon their property go Mr. SAMFORD. I am reading from section 157 of the old bill. to a specific fund, and not to the general fund of the District. Now, Mr. NEAL. That is section 158 of this bill, the next section. it was claimed by the Baltimore and Ohio Railroad Company that Mr. SAMFORD. I withdraw the amendment. they were not subject to the general tax laws of this District, that Mr. BAKER. In the first line of this section the word "agency" they must be taxed under the provisions of their charter in the same should be stricken out and the word "agent" inserted. It is a person manner as they are taxed in the State of Maryland. This proviso and not a thing that is to make the return required by this section. was put in here to guard against litigation growing ont of claims Mr. HUNTON. I think my friend is mistaken in that. which might be made by the commissioners and resisted by the offi­ Mr. BAKER. Oh, no, sir; I can hardly be mistaken. An agency cers of these companies. a.a snch cannot make a return ; the return is made by the agent who Mr. SAMFORD. I shall not insist upon my amendment if mem­ has charge of the agency. bers of the committee are opposed to it; but my recollection was Mr. HUNTON. The difficulty with the gentleman's amendment is that it was the intention to levy a tax upon these companies for that this : if there were a half a dozen agents of one company in this dis­ portion of the street used by them as a road-bed, just as is done in the trict all of them would be called upon to make this return. case of steam railroad companies. However, if the committee did Mr. BAKER. Why should not every man who has charge of an not so understand, I will not press the amendment. agency for an insurance company, even if there be a. dozen of them Mr. NEAL. The reason of taxing the capital stock of street-rail­ in the city of Washington, give an account of his gains f It seems road companies was because, in the opinion of the sub-committee at to me that every agent who has control of the business of a company any rate, and I think of the majority of the committee, we would should make a return. thus get a larger valuation as the basis of tax than by taxing their The amendment of Mr. BAKER was agreed to. real estate, because it is notorious that real estate is almost always Mr. ROBINSON. In line fl the word "such" before the word undervalued in a tax assessment. "agency" should be changed to "his," since the amendment of the Mi'. BARBER. Allow me to ask the gentleman from Ohio a ques­ gentleman from Indiana [Mr. BAKER] was adopted. tion. Do the committee propose to include public grounds in the The amendment was agreed to. valuation of the real property of a railroad company Y If so, are the Mr. LAPHAM. I would suggest that the amendments which have committee satisfied that we have the constitutional power to do so f been made to this section rAuder necessary another amendment. As Mr. NEAL. The Baltimore and Potomac Railroad Company has the section now reads, each agent must make return in the district of now the use of about two hundred thousand dollars' worth of public the gross receipts of his agency "less the losses paid in the District property; and the terms of their charter provide that Congress may,. during the next preceding year." In that way the losses might be if it sees fit, tax this. deducted many times over. The words "by him" should be inserted Mr. BARBER. Tax our own property '? after the word "losses," if the amendment of the gentleman from In­ Mr. NEAL. Tax it because the company is using it, just as we tax diana [Mr. BAKER] is to sta.nd. Then the section would read," less the Washington Market Company on property belonging to the Gov­ the losses paid by him in the District during the next preceding year." ernm~nt but used by the company. The amendment of Mr. LAPHAM was agreed to. Mr. BARBER. Has the committee considered the question of our The Clerk read the following : power to tax a corporation for property which it does not own Y Mr. NEAL. I say that this right is expressly reserved in the a-ct SEC. 158. Railiroad companies whose principal offices are located beyond the Dis­ trict shall be taxed upon their real and personal property situated within the Dis­ incorporating the company. trict as other property is taxed; and in the valuation of the real property shall be Mr. BARBER. ,This is certainly a very strange proposition. included public grounds occupied by said railroad companies, together with im­ Mr. SAMFORD. I am informed by gentlemen of the committee provements thereon made by said companies, the tracks which may be laid in any that they think the taxation of the stock of these street-railroad. com­ of the avenues, streets, or other hi~hways of the District, together with the value of the use of such streets and Wgnways for the purposes used by said railroads : panies is sufficient. I do not desire to set up my judgment against Provided, Where, by the act of Congress incorporatin~ any such railroad com­ that of the committee. I therefore withdraw the amendment. pany, a different mode of taxation is prescribed, the prov1sions of this section shall Mr. VAN VOORHIS. I move to amend by striking out the proviso not apply. of the pending section. This proviso, ag I understand, is for the ben­ Mr. SAMFORD. I move to insert after the words "located beyond efit of the Baltimore and Ohio Railroad Company. It seems to be the District" the words " and street railroads in said District." I understood that by some supposed act of Congress this company is understand that was the amendment agreed upon in the Committee entitled to a better mode of being taxed than other property-holders on the District of Columbia. My copy so shows, though I may be in of the District. It is. claimed, I believe, that the company bas a. error. Thelatterpartof this section wonldseem toimplyveryclearly charter from Congress which provides that it shall be taxed in accord­ that such an amendment was ad.opted. I do not know that any rail­ ance with the laws of Maryland. road company has ever been incorporated by act of Congress except Mr. NEAL. I said they claimed that. I do not say that is thefaot. street railroad companies; certainly no railroad company whose office Mr. VANVOORHIS.· I am notwillingtoallowthatolaim. If the 27l2 CONGRESSIONAL RECORD---HOUSE. APRIL 23,

company bas a charter from Congress, Congres.s bas reserved the right have you not the city of Washington contributing to the protection to alter or amend it at pleasure as to taxation or anything else. of these railroads from which it derives no benefit in the way of tax­ Mr. HUNTON. Let me say to my friend that the Baltimore and Ohio ation 7 Railroad Company has waived that exemption, and settled its taxes. Mr. HENKLE. If the stock is owned outside of the District it is :Mr. VANVOORHIS. Very well, my amendment should be adopted. taxed at the company's office. Mr. NEAL. Because the Baltimore and Ohio Railroad ·Company Mr. BAKER. Mr. Chairman, the proviso that it is proposed here has a special provision in its charter. . ' to strike out relates to the method of taxation of two railroad corpora­ 1\Ir. VAN VOORHIS. My amendment is to strike out the proviso. tions. It is suggested by the gentleman from New York that it is If the Baltimore and Ohio Railroad Company have a benefit over and within the constitutional competency of Congress to abrogate the pro­ above all other real-estate holders in this District, then it is time Con­ visions contained in the charter of these corporations which have been ITTess took it away from them: They have no right to it, and whether granted by Congress so as to change the method of taxation pre­ Congress bas reserved in their charter or not the right to change it, scribed in the charter. we have the right, and the Supreme Court has said so. It is true the inhibition in the Constitution of the United States Mr. NEAL. Whereabouts Y · against the passage of any law which impairs the obligation of con­ Mr. VAN VOORHIS. We have the right without regard to any­ tracts is limited in its operation and effect to the various States. It is thing in the charter, because Congress is the source of franchise, if probably true that Congress may, if it sees fit so to do, violate the they hold it at pleasure. Have they a contract with us which for all provisions of the contract which has been entered into by it and a time exempts them from taxation T corporation in such manner as a State would not be permitted to do Mr. TOWNSHEND, of Illinois. If by special charter the railroad byvirtueofthatinhibitionintheConstitutiontowhichihavealluded. company has acquired rights under it I should like to know how you But it strikes me it would be a. very strange spectacle for this Con­ can divest it of them T gress to set the example of repudiating the obligation heretofore en­ Mr. VAN VOORIDS. Have they a right of such a character that tered into by a preceding Congress after mature consideration and by it is not within the control of Congress to say how and when and proper legislation. It would be, in my judgment, a kind of Punic where and how much th~y shall be taxed f faith that I should regret to see particularly by this Congress. Mr. NEAL. The tax which the act incorporating the Baltimore and Whether the subject that itis proposed to inflict a violation of this Ohio Railroad Company allows is expressly appropriated for the use provision of the Constitution upon be a railroad corporation or a bond­ of schools in this District, and th(lre is no right reserved to alter, holder, or whether it be any other city than Washington or anyother amend, or repeal the charter in that respect. The Supreme Court of corporation, I look at it as possessed of the same vicious principle and the United States have decided over and over again that a charter is trenching on rights that have been granted and sanctioned by obli­ a contract, and unless such right is reserved it cannot be used. And gations we are bound by every principle of honor and good faith to in the Ohio bank cases, where the supreme court of the State of Ohio observe. If there be such a stipulation in the charter of this com­ undertook to tax the State banks in a manner different from what had pany1 then this provision which it is proposed to strike out in this sec­ been provided for by their charters by the State of Ohio, the Supreme tion is proper. If there be no such stipulation, this proviso being Court of the United States have decided that the law wa.s unconsti­ allowed to remain does no harm, and as I understand that there is tutional and that the bank charters were contracts, and the mode of such a stipulation I submit the proviso should be retained untouched taxation provided in those charters was the only mode under which and I hope it will be. they could be taxed by any law of the State of Ohio. Mr. McMILLIN. Mr. Chairman, I think the amendment of the · Mr. VAN VOORHIS. I do not think the gentleman has read the gentleman from New York to strike out the proviso should be adopted. recent decisions of the Supreme Court in the Pacific Railway cases. One of the railroads entering into this District it seems has claimed all Mr. NEAL. Because there is there an express provision reserving along that by the act of its incorporation it had certain immunities the right. or exemptions from taxation, namely, the Baltimore and Ohio Rail­ Mr.VAN VOORHIS. Where they expressly hold, whether that pro­ road corporation. vision is in the charter or not, Congress baa the entire control, and If we ena-ct this proviso, although they have surrendered that right such a provision is not a vested right. And there is no reason, Mr. . within a few days or recently, if they ever possessed the right at all Chairman, why a railroad company receiving the enormous profits they will posses it again under this proviso. the Baltimore and Ohio Railroad and the Baltimore and Potomac Mr. VAN VOORIDS. It will be renewed. Railroad Companies receive s:tioald pay a less rate of taxation than Mr. MoMILLIN. Yes, ib will be renewed under this proviso, and other people owning property in this District. therefore I think we ought to strike out the proviso. I do not think Mr. HENKLE. I desire to say on this subject there is no exemp­ one mode of taxation ought to prevail as against a citizen and an­ tion from taxation of the property of the Baltimore and Ohio Rail­ other as against a corporation. They ought to be put on the same road Company in the District of Columbia. That has not been sought footing in that respect. on the part of the railroad company and it does not exist. The Bal­ Mr. BROWNE. If the gentleman from Tennessee will permit me, timore and Potomac Railroad Company pay taxes now upon their he will observe the proviso does not make a new law but refers to a depot and public property on the portion of the square they now oc­ law already in existence. cupy and use. Mr. MCMILLIN. I am aware of that, but the gentleman does not Mr. HUNTON. Expressly provided for in the charter. catch my point. Mr. HENKLE. Yes; expressly provided for in the charter. The Baltimore and Ohio Railroa-0. has a claim, and it ha-s never been Mr. NEAL. And goes to the public schools. settled against them judicially, that originally they had certain ex­ Mr. HENKLE. Yes; and goes for the benefit of the public schools emptions from taxation. Now, suppose they were right in that, and in this District. · by their charter they do have the exemption they claim. Then, if we :Mr. BRIGGS. What is the valuation Y enact this proviso we renew their rights which it is said they have Mr. HENKLE. The same valuation which applies to other prop­ surrendered, and for the future they will not be bound by any action erty in the District. There is not a public steam railroad which is they have taken in that respect. · exempt from taxation in the limits of the District of Columbia. to­ Mr. HENKLE. But the exemption of the Baltimore and Ohio Rail­ day. There was a claim for exemption on the part of the- Baltimore road has expired by limitation and cannot be claimed hereafter. ancl Ohio Railroad Company, but they have waived that exemption, Mr. MCMILLIN. Suppose it has. I say that if this proviso is and within tho past month they paid their taxes. Neither the Bal­ enacted it renews the exemption. timore and Ohio Railioad Company no:r the Baltimore and Potomac Mr. HENKLE. However, we do not care a sou about the amend- Railroad Company is exempt, never was exempt, and neither claims ment; strike it out if yon wish. to be ex.empt. Both have paid their taxes. The question was taken; and the amendment was not -agreed to. Mr. VAN VOORHIS. Then they do not want this proviso. Mr. VAN VOORIDS demanded a division. Mr. HENKLE. The effect of the proviso is this: that the taxes The committee divided; and there were-ayes, 18, noes 19. derived shall go, in obedience to the provision of the charter, to the So the amendment was not agreed to. public schools. Mr. VAN VOORHIS. Mr. Chairman, I raise the point on that sec­ Mr. VAN VOORHIS. This proviso does not touch it at all. That tion that there is no quorum voting, and I shall make that point un­ is what shall be done with the taxes these raili;oads pay. That is less gentlemen vote who silenced this debate by assenting to the another question which is not affected by this provision in the slight­ amendment, and now remain in their seats and refuse to vote. est degree. This only provides how the taxes shall be collected and Mr. HUNTON. I ask the gentleman from New York how he ex­ levied. It does not provide what shall be done with them. pects.to get a vote upon this amendment in the House T We have · Mr. HENKLE. I wish to say further in relatfon to the bearing been voting all the evening upon amendments, and those who have this section may have on street railroads in the District of Columbia, been defeated have acquiesced. Now, the gentleman from New York that it was not expected or intended by the committee that the street is defeated for the first time, and he.does not acquiesce. railroads should be taxed for the use of the streets in the District of Mr. VAN VOORHIS. I beg the gentleman to understand there is Columbia. They are taxed on ·thell: capital stock, they are taxed. on no such point as that about the case. There is a great principle in­ all their property real and personal, and, more than that, they are re­ volved here. Are we by this to establish a principle that a railroad quired to keep in good condition and repair the pavements between is to pay taxes upon a different principle from a private property­ their tracks and two feet beyond on either side. holder 7 And are we going to establish the principle that one rail­ Mr. ~cMILLIN. I rise now, Mr. Chairman, for the purpose of ask­ road shall pay taxes upon a different principle from another f ing a question. If these roads are taxed upon their capital stock, The CHAIRMAN. Does the gentleman from New York [Mr.VAN ~uppose that stock is owned outside of the city of W a.shington, then VOORHIS] insist upon his point of order that no quorum voted f 1880. CONGRESSIONAL RECORD-HOUSE. 2713

Mr. PRESCOTT. As a compromise might it not be agreed that this roads into this city for the accommodation of the Government and of amendment shall be brought into the Honse to be voted upon f the people who oome here. !tfr. VAN VOORHIS. That is what I was about to propose. That was one of the inducements; the companies accepted it and Mr. l\IcMILLIN. It has been rwed that that cannot be done. came here, and they are now occupying what Congress said they Mr. SIMONTON. When an amendment has been voted down in might occupy, the streets and the public grounds. Here is a provis­ Committee of the Whole it cannot be offered in the House. ion to tax whatever of the public grounds they occupy belonging to The CHAIRMAN. The amendment will not be reported to the the Government, which grounds are nevAr to be taxed for any other House, having been defeated in the Committee of the Whole. purpose. This provision is that they shall be taxed for the use of the Mr. VAN VOORHIS. Then, I in!?ist on my point of order. District to assist it in paying one-half of the expenses which the Dis­ Mr. SAMFORD. Could not the chairman of the District Commit­ trict has to pay. I cannot see any consistency or propriety in our tee agree to allow that amendment to be offered in the Honse f taxing these public grounds used by the railroad companies for the Mr, McMILLIN. I will state to my friend from Alabama that ques­ benefit of the District. tion has been decided in the negii.tive within the past ten days. Mr. HUNTON. Will the gentleman from Michigan allow ml) a Mr. CANNON, of Illinois. There has been no decision of that kind. moment! Mr. HUNTON. If I have.the power I will agree that the gentle­ Mr. CONGER. Yes, sir. man from New York can offer that amendment in the House. Mr. HUNTON. I think the gentleman from Michigan is eJ:ltirely The CHAIRMAN. The Chair was about to state that it could be mistaken. I do not think he will find that the real estate belonging offered as an independent proposition; but the chairman of the Com­ to the Federal Government upon which these railroads are located is mittee of the Whole could not report it. in any event taxed except in the case of the Baltimore and Potomac Mr. McMILLIN. In the case of a bill recently reported to the Railroad Company, and that is expressly provided for in the permis­ House from the Committee of the Whole the gentleman who was sion given to that company by the Federal Government to occupy managing the bill agreed to ad.mi t an amendment, and stated there was those grounds. · an agreement in the Committee that it should be voted upon in the Mr. CONGER. I will read the clause of this section and let the gen­ House. But the point being made it was not allowed. tleman see: Mr. CANNON, of Illinois. There is no difficulty about this matter Rail.road companies whose principal offices are located be_yond the District shall at all. In the case referred to by the gentleman from Tennessee [Mr. be taxed upon their real and personal property situated within the District as other McMILLrn] the amendment was not offered in the House. The pre­ property is taxed ; and in the valuation of the real property shall be included vious question was called on the amendments reported by the Com­ public grounds occupied by said railroad companies, t-Ogether with improvements mittee of the Whole, and did not include the amendment which had thereon ma

1880. CONGRESSIONAL RECORD-HOUSE. 2715 here, I do not ca.re who it is, is contrary to the commercial interests of I was proceeding to say that this section, without any qualification, the people here and of the people elsewhere. Traveling agents are as it now stands would apply to corporations outside of the District coming in here, iuauranQ·e agents and others, and people are insnred. of Columbia and to their shares of stock in the hands of individuals If you keep them out ari.d bring the business under the scope of the and citizens. For instance, in the case of railroad stocks; say that a. few who are here it will compel the people to pay the e:x:orbiiant man owns one hundred shares of stock; this tax is a lien upon that prices they may charge. stock and follows it to the corporation and it is there a lien against I withdraw my formal amendment. it as against the owner, and if he sells that stock the tax will be a The Cl~rk read as follows: lien against it and will follow it into the hands of the assignee. Now, SEC. 166. If any person summoned to appear before any assessor or board of what I wish to get at is that the intent and object of this section-- equalization to give testimony, as in this title provided for, shall neglect or refuse Mr. NEAL. The intention is that the tax shall be paid by some­ to appear, or shall refuse to answer any question that may be put to him touch· ing the matter under examination, without good and sufficient excuse therefor, he body. shall be deemed guilty of a misdemeanor, and on conviction thereof shall be con­ Mr.VAN VOORHIS. Exactly; so I presume; but is that intended fined in the jail of the District for a period not exceeding twenty days, and be to apply to the stock in corporations outside of the District of Colum­ liable to a fine not exceeding $100. bia¥ Mr. ROBINSON. My friend from Iowa made an inquiry long since, Mr. NEAL. There is no provision to attach the stock outside of the while we were considering section 145, .and he was recommended to District of Columbia. wait awhile. I think we have passed over the portion in reference Mr. VAN VOORHIS. Then, what necessity is there for putting to assessments, and I wish the gentleman from Ohio would now point this se

Mr. PRICE. Can you make a lien upon a thing that· is not due f should be changed to the word " until" before the words " snch lands Mr. NEAL. Certainly you can. shall be sold for the payment of the taxes." Mr. PRICE. Not much. This is a mortgage upon tha.t property The amendment was agreed to. before the tax becomes due. The Clerk read the following: Mr. NEAL. Oh, this is all right. SEC. 178. Anypersonhavingalien upon real propertymay pa.y the taxes thereon, Mr. P~ICE. That may be; but the trouble is, there are some peo­ in so far as they are a lien upon such real estate, and the taxes so paid sh.a.IL ope· ple who car;inot see that ~ti~ all right. The word "November" is n~t rate as a lien upon such real estate, pru.-amount to all other liens. Any person jointly interested with another in real property which may be assessed for taxation, in this sect10n from begmmng to end. The first Monday of May IS 'may pay the taxes which are a lien thereon, and shall thereby acquire a lien upon mentioned in terms; and it is said the tax is a lien on the stock from such real property, paramount to all other liens, and which he may enforce in any the first Monday of May. manner provided for the enforcement of liens upon real estate. Mr. NEAL. The tax becomes due and payable on the .first Monday Mr. NEW. I move to amend the section just read, by adding to it of November. the following : Mr. PRICE. I am talking about this section. There may be some­ ProDided, Thnt such lien shall not ha.ve priority over liens given in whole 01· in where else in this voluminous book between page 1 and page 327 part by the person so jointly interested and paying the taxes as aforesaid. some section which provides what the gentleman states; but there is It will be observed that the last paragraph of this section provides no such provision in this section. that- Mr. BAKER. There is a section which fixes when the tax is to be A.ny person jointly interested with another in real property which may ne a.s· paid ; and this section provides that in case of non-payment of the sessed for taxation, may pay the t.axes which a.re a lien thereon, and shall thereby tax at t.he time required by law notice shall be given and the divi­ acquire a lien upon such real property, paramount to all other liens, &c. dend shall not be paid to the delinquent shareholder. If A and B are the joint owners of real property, and either or botli Mr. NEAL. Section 171 provides when the tax becomes due and of them should execute a mortgage to a third person, or otherwise payable. create a lien in favor of such third person, it is not right if one of Mr. PRICE. You mean by this you cannot sell the shareholder's those joint owners shall pay the taxes upon that property, that he stock at tax sale till the 1st of November. shall have priority with such lien as against his own grantee. I doubt Mr. NEAL. We mean by this provision that the man cannot sell very muoh whether, even without this amendment, a court would give his stock after the lien attaches. to sachjoint owner priority of lien over his own grantee. But to save Mr. PRICE. I do not :find fault with that. I am perfectly willing all question in that regard I think this amendment shQuld be made. you shall prevent his transferring his stock. But you go further than It seems to me that unless this amendment is made it would place that and prevent the bank from paying a dividend. it in the power of joint owners of real estate by collusion to t>ile up Mr. NEAL. Not till after the tax becomes due. liens npon their own property as against liens that they had given in Mr. PRICE. Not at all. That is not the provision here. favor of third parties. That ought to be prevented. lifr. NEAL. In this section there is this language used: Mr. HUNTON. I rise to oppose the amendment. I think that this In case of non-payment thereof a.t the time required by law. section as it now stands is just as it should be. We all know that a lien for taxes overrides all other liens, as long as such ta.x is due the Now, the time required by law is the 1st of November. Government. And where there a.re t .wo joint owners of real estate Mr. PRICE. And in the same section you say it is a lien from the upon which tax is due, the lien of the Government for the tax over­ :first Monday in May. rides eYery other lien upon that property. And where co11rts sell .Mr. SAMFORD. Section 168 shows clearly that the tax imposed real estate for the purpose of discharging liens against it, the :first upon the shares of those corporations is not due till November'. payment is for the tax due. And where two persons owe taxes and Mr. VAN VOORHIS. The practical effect of that section is that one does not pay it and the other steps into his shoes and pays the the corporation will pay the tax or see that it is paid out of the div­ tax. due by both, this section substitutes him for the lien which the idends. It seems to me that is all right. It is a short and easy way Gpvernment holds upon the land. to collect the tax. · Mr. TUCKER. Subrogation. · Mr. LAPHAM. Section 169, as I understa.nd, applies only to unin­ Mr. HUNTON. It is the doctrine of subrogation enacted into law corporated banks. by this section. I think it is eminently proper where a joint own.er, Mr. NEAL. That is all. to save his interest' as well. as the interest of the non~payer, pays all Mr. LAPHAM. . Why then should not the same provision be in­ the tax on the property, that his lien should be subrogated to the lien serted at the end of section 168, that the amount which the corpo­ of the Government, and should be prior to all other liens. ration is required to pay should be deducted from the dividends which Mr. NEW. I would be glad to reply briefiy to the gentleman from a.re due' Virginia, [Mr. HUNTON. l Of course the District has a first lien for Mr. NEAL. Section 168 requires the corporations to pay. taxes unpaid, but the doctrine of subrogation has no application. Mr. LAPHAM. Exactly; and why should they not be allowed to The joint owner who pays all the tax only pays his own debt, for as deduct the amount from the dividends f between the owners and the District each one owes the whole tax. Mr. NEAL. They will take care of that themselves. Still, as· between the joint owners, the section is just; but unless Mr. LAPHAM. They cannot unless authorized l>y law. amended as I have suggested, the grossest injostir.e might result to 'rhe CHAIRMAN. The question is on the amendment of the gen- third parties. tleman from Iowa, which the Clerk will report. Now, no principle is better settled than if A executes a deed to B, The amendment was again read. . although he may have an imperfect title at the time of the execu­ The question being taken on ~he amendment, it was not agreed to. tion of that deed, if he afterward acquires a better title it inures to The Clerk read as follows : the benefit of his grantee. Upon the same principle in equity and SEC. 176. Every person shall be liable to pay tax for land of which he may stand jm1tice, if he acquires a lien upon the property which he did not have seized for life, by courtesy in dower, or by a. husband in right of his wife, or may ha.ve care of as a guardian, executor, agent, or attorney, having funds of the princi­ at the time he executed the deed, or, if you please, he acquires an in­ pal in his bands. And ea-0h person so holding lands shall pay the ta.x which may terest in it which he did not have at the time he executed the mort­ be assessed thereon each and every year. gage, he should be estopped as between him anu his mortgagee from Mr. HUNTON. In section 132 it is provided that- asserting that interest or lien as against his mortgagee. ' Lands held under a lease for a term exceeding fourteen years shall be consid­ Mr. SAMFORD. Does the gentleman think that when he pays erad, for purposes of ta.xa.tion, as the property of lihe lessees, and shall be assessed that tax it should inure to the benefit of his mortgagee Y in their name. Mr. NEW. Suppose the tax should not be paid; or, rather, that the I propose in the section just read to include lessees for a term exceed­ one joint owner should, by collusion, not repay or contribute to the ing fourteen years. The gentleman-from Ohio [Mr. NEAL] will see other' that that is necessary in order to complete this section. I therefore Mr. HUNTON. If he did not pay it the lien would be in favor of offer this amendment: the District government. Mr. SAMFORD. The lien would be in favor of a party that did After the word "lands," in line 6, insert the words '' and lessees for a term ex- ceeding fourteen years.'' not give the mortgage upon the property. Mr. NEW. But when the mortgage is foreclosed if the tax paid by The amendment was agreed to. one joint owner for the other, so to speak, is not repaid, the mortgagee The Clerk read as follows: must in the end pay it himself. · SEC. 17i. If any person who shall be sell:ed o{lands as tena.nt by courtesy or in Mr. SAMFORD. Necessarily. dower, or who shall be seized of lands for life, or in right of his wife, shall neglect Mr. NEW. Very well; then it places it in the power «;>f one of t.o pay the taxos th&reon so long as such lands shall be sold for the payment of the taxes, and shall not within one year thereafter redeem the same according to law, these joint owners, or both of them, thus to lessen the security of the such person shall forfeit to the person next entitled to said lands in remainder or mortgagee. reversion, all the estate which he, so ne~lecting as aforesaid, ma.v ha.ve in said Mr. ROBINSON. Would. he not be estopped from setting up that lands. And the remainder-man or reversioner may redeem the said la.nds in the title aB against his own mortgagee 7 same manner tha.t other lands may be redeemed which have been sold for taxes. Mr. NEW. I have said that I doubt very much whether, if this Mr. HUNTON. I think a like amendment should be inade in this amendment should not be adopted, a court would permit.~ to as­ section to the amendment made under the preceding section. I there­ sert his lien as against his grantee. But to save all question m that fore move to insert, after the words "or iri. right of his wife," the regard I think this amendment should be made. words "and lessees for a term exceeding fourteen years." Mr. ROBINSON. I have no doubt that the gentleman from Indiana The amendment was agreed to. as a lawyer is inclined to believe he would be estopped. Mr. ROBINSON. It seems to me that the words " so long aa " Mr. NEW. I am very certain he would be if the section were 1880. CONGRESSIONAL RECORD-HOUSE. 2717 ' amended as I propose. If he ought to be estopped, and there is any I getting the money to redeem the property they should not be required doubt whether he would be or not, the amendment sho~d be adopted. to pay this enormous percentage. It seems to me that 10 per cent. is Several MEMBERS. Let the amendment be read agam. enough. · The amendment was again read. The amendment of Mr. VAN VooRms was not agreed to. Mr. V.AN VOORHIS. That will not do. The claim for taxes al- The Clerk read as follows: ways takes priority of every kind of lien, every kind of interest, no SEC. 185. Tha.t the purchaser of a.ny real property, a.t any sale hereafter made matter what. Any joint owner of land assumes all the risk of taking for delinquent taxes due to the government of the District of Columbia, for the "t..- t th "t..!- h h assignee of said purchaser, or the heirs or grantees of said purchaser or assignee, care of the taxes hi mseIf , an d if h e .uus 0 pay more an .lllll s are e at any time after a deed for said real property shall have been given by the com- mnst look to his associate for a distribution. The Government must missioners of said District, or their successors in office, to said purchaser or as­ have its tax from the land, and if the wrong man pays it he has his signee, as now provided by law, shall be entitled to proceed to recover possession remedy against the other. of the said real property in the same manner as landlords are now entitled to re- ·. 'NEW. A single word further. I think that- cover possession of lands and tenements in said District from tenants whose estate MI in the premises has been determined ; and all proceedin~s had in such actions shall Mr. HUNTON. I make the point that debate is exhausted. My be governed by the same rules of practice as are now provided forin such snits by friend from Indiana has already spoken twice. [Cries of " Vote!" landlords for possession; and no person or corporation against whom snits for pos- " Vote ! "] session shall be instituted by t4e holder of said tax-deed, his heirs or assigns, shall nt was not agreed to. be permitted to offer evidence of any irregularity in any of the proceedings for the The amendme assessment, levy, or collection of tho tax or taxes for which said sale shall have The Clerk read as follows : been made, or in tho sale or in any of the proceedings subsequent to the sale, nn­ SEc. 179. When any real property is sold upon execution or other ord~r of_ a less said person or corporation shall :first pay into court tho fnllamount of said tax court havin"' jurisdiction thereof, or is in any wise disposed of on proceedings m or taxes, together with all interest, penalties, and costs which shall have accrued partition, th'e court may order all taxes and penalties which 31:6 liens upon such at the time such payment into court shall be made, including the costs of the action. real estate to be paid out of the proceeds of the sale by the sheriff, trustee, or other And if an:y tax-deed shall be defeated by reason of any irregularity whatever, then officer selling tho same. · the court, m entering judgment, shall order tho money so paid info court to be paid over to the plaintiff in the action. Mr. NEW. I would suggest whether the word "sheriff" in the last line of this section is the word which should be used. Mr. SAMFORD. I move to amend by adding after the section just Mr. NEAL. No; it should be "marshal." read the following: Mr. NEW. I move to amend by striking out'·' sheriff" and insert- Nothing in this title contained shall be held to apply to special assessments ing " marshal." heretofore made, or to change or affect existing law in relation to the same. The amendment was agreed to. Mr. Chairman, if I had been present when the general debate upon The Clerk read as follows: this bill was proceeding I might, perhaps, have occupied more than five minutes in demonstrating to the Honse that perhaps there is a SEc. 181. It shall be the duty of the collector of taxes in said District to prepare a complete list of all taxes on real property uvon which the same are levied, in ar­ great hardship and harshness about to be legislated in this section. rears on the lat day of Jnly, annually, including all taxes due to tho late corpora­ 8ection 186, which follows the section under consideration, embodies tions of Washington City, Georgetown, levy court, and the District of Columbia.; the same principle which I propose to combat. I am satisfied that if and he shall, within fifteen days thereafter, publish tho same with a notice of sale in a. pamphlet of which not less than :five thousand copies shall be printed for cir­ this Honse fully understands the scope and intention of these two culation; and it shall be tho duty of said collector of taxes to give notice, by adver­ sections it will hardly sanction them. tising-in the regular issue of two daily newspapers published in said Di.strict twice Dependent as the people of the District are upon Congress for wise a week for three successive weeks, that said pamphlet has been printed and that a legislation we should be careful to patiently consider laws providing copy thereof will be delivered to a.ny tax-payer applying therefor at the office of for taxation, and see to it that they are at least justly and fairly dealt sa.id tax-collector; and that if tho taxes dne, to~ether with tho penalties and costs that may have a-0crued thereon, shall not be paid prior to the day named for sale~ by. If by impatience or inadvertence we impose upon them unequal the property will be sold by the said collector at public auction at office of sa.ia. and oppressive laws we will not only perpetrate wrong upon them, collector in the city of Washington, on the first Tuesday of October followin~, and but do violence to every propriety attaching to ourselves. each da.y thereafter until all is sold, at a :fixed hour, between the hours of ten o clock in the forenoon and four o'clock in tho afternoon of said days, to the highest bid­ In this District we have the nn-.A.merican exhibition of the power der or bidders. to tax without the right of representation. It is the only spot in this land where the law-maker can impose burdens in the presence of Mr. HUNTON. I think that before the word" day," in the twen­ absolute silence from those who are to bear the burdens. tieth line of this section, the word "secular" should be inserted. I Now, sir, a casual view of the various acts providing taxation, in move that amendment. The language will then read" on the first the light of recent decisions of the Supreme Court, will convince Tue!day of October following, and each secular day thereafter." this Honse that the action proposed by this section will be exceed.. The amendment was agreed to. ingly onerous to the tax-payer. Mr. SPRINGER. I move to amend by striking out the last word, Laws were passed a-s far back as 1871 authorizing the assessment so that I may inquire of the gentleman having charge of this bill of special-improvement taxes, under which one-third of the expense whether it is intended to print in the newspapers the list of delin­ of paving the streets was imposed on real property adjacent. Dur­ quent taxes Y ing the extravagant e1·a succeeding, these assessments were imposed Mr. HUNTON. Oh, no; in pamphlet. to the extent almost of confiscation. The citizens contended these Mr. SPRINGER. Then there is only to be published a notice that assessments were not only excessive but illegal. Notwithstanding there is such a list to be had in pamphlet form f this contention, tax-lien certificates were issued and bought by spec­ Mr. HUNTON. Yes, sir. It avoids publishing the long list of de­ ulators at a comparatively nominal amount. The tax-payers sought linquent taxes in the newspapers. by injunction in the courts to protect themselves; but during the Mr. SPRINGER. I desire to say that I had intended to move at progress of these suits Congress pa.ased two acts which the courts this place a. provision in regard to obtaining the judgment of a court held validated the assessments. Congress then by law authorized a before any sale ot real estate for non-payment of taxes; but as my revision and correction by the commissioners, which is now being colleague [:Mr. TOWNSHEND, of Illinois] has gi~en notice of a substi­ done. tute for this part of the bill which I incline to support, I prefer to Now, this section comes in and provides that the purchaser at any withhold any amendment until that substitute is offered. I withdraw sale hereafter made for taxes shall have a title so sacred that no con­ the pro fo1"ma amendment. test shall be made against it unless the tax-payer pays into court all The Clerk read as follows : taxes, fines, and penalties, including costs of court, which sums shall SEC. 184. Immediately after the close of the sale, upon payment of the purchase­ be paid to the purchaser by the court if thedefendantsncceedsinhis monoy, he shall issue to the purchaser a certificate of Sale, and if the property shall not be redeemed by the owner thereof within two years from the day of sale by pay­ contest. He has also the summary remedy which the law affords ment to the collector of said District, for the use of the le$al holder of the certifi­ landlords against a tenant whose term has expired. I cate, of tho amount for which it was sold at such sale, ana. 15 per cent. per annum I violate no propriety in saying that in committee I ma-0.e this as­ thereon, a deed thereof shall be given by the commissioners or their successors in office to the purchaser at the tax-sale or the assignee of such certificate, which sertion, and the chairman was candid enough to a-0.mit that the sec­ deed shall be admitted and held to be prima faci.e evidence of a good and perfect tion did apply to these .special assessments. And though the sale is title in fee-simple to any property bought at any sale herein authorized; and all to be hereafter, yet the assessment, together with interest, oost, &c., proceedings prior to said deed shall be presumed to have been regular until the have already been made and accruing during the past seven or eight contrary be prov~d. years. Mr. CONGER. I ask the gentleman from Ohio [Mr. NEAL] whether Nowi Mr. Chairman, we are providing a permanent municipal code there is any specfol provision :ID regard to the sale of property belong­ for the District of Columbia. We are having special acts of legisla­ ing to minors or other classes who usually have some special provis­ tion in reference to these special-assessment taxes, and we should not ions for their benefit Y incorporate in this code any provision pertaining to them. Mr. NEAL. There is a saving in favor of minors and persons under There are two funds of taxation in this District. One is a general legal disabilities. fund of taxation for carrying on the municipal government and the Mr. VAN VOORHIS. I move to amend this section by striking out, other is a special-assessment fund, assessed years ago, for the purpose in line 7, the word "fifteen" and inserting "ten." I think 10 per cent. of providing pavements for the streets here. There were about a is a large enough penalty. It often happens that persons from, neces­ million and a half or two million dollars, and perhaps more, assessed sity let their taxes go unpaid for a time, and such a provision as this on these special-assessment taxe's. It is contended by the citizens in would be very onerous when they come to pay them. It is.a very this District that they are not only excessive but they are oneron8, and severe provision. If a discretion were left with the commissioners not only onerous, and that in a large degree, but they are .odious; and to reduce the rate it njght not be so objectionable. they have therefore had to resort not only to legislation here in Con­ Mr. NEAL. This is to apply after property has been sold. gress to save them :from the confiscation of this special onerous taxa­ Mr. VAN VOORIDS. I understand that; but the property sold is tion but they have gone into the courts also to save themselves and that of persons least able to pay, and when they have succeeded in have had to resort to litigation. 2718 CONGRESSIONAL RECORD-HOUSE. APRIL 23,

In 1875 (and I beer0 members of the committee to pay attention to Mr. ALDRICH, of Rhode Island. It is as follows : this) and in 1878 Congress by act valid~ted th~se assessments, and It is difficult to understand what this legislative act meant if it did not recog. the District Lecrialature did the same thmg, which the courts other­ nize the validity of the assessments made oy the board of pnblic works, and conse­ wise would ha:e held to be illegal. After that had been done in 1875 quently the authority by which the work was done and the improvements made. and 1878 aifter the Supreme Court in the case of Mattingly, and lately Mr. SA~.IFORD. Precisely. The court decides that subsequent acts in the ca~e of Shoemaker, decided that Congress ratified and v.alidated validated it. these illegal assessments, you come now aind propose a summary rem­ Mr. ALDRICH, of Rhode Island. That was the legislative act. edy for the pnrchaser at these tax sales and keep the tax-payer out Mr. SAMFORD. But it was validated by the legislative aat of the of his property without giving him his single day in court to ~on test District and the two acts of Congress. The court does not decide the matter. . they were valid before the legislative act. Now, I understand that I do not know what bas been the decision in other States. We there are about $500,000 of these tax-lien certificates for special as­ have had the same character of laws declared to be unconstitutional sessments held by the First National Bank of New York, and also in my own State; and it seems to be in f~hion for gentlemen t? refer that about a half million dollars more are in the hands of other third to the various decisions and laws of t.herr own States; and it was parties. And they all bought them with all the circumstances sur­ declared unconstitutional on the ground that a party could not be round.in~ them. One of these material circumstances was the dis­ deprived of his property without due pr_ocess of law. I say, no. m~t­ pute as to their legality and excessiveness. The purchasers took ter how illegal, how irregular, how odious, how onerous .a special them cuni onere, and were thereby enabled to get them at reduced assessment for improvement may be, the party cannot come mto court rates. And this section proposes to legislate them into higher :md and defend against it without paying all taxes, all fines, all costs of indispntabl~ ground. · court. My friend from Virginia, [Mr. HuNTo~,] asks me why the same The CHAIRMAN. The gentleman's time has expired. law shall not apply to these special assessments that applies to' general Mr. HUNTON. I rise to oppose the amendment. . taxation. The answer is, that the one has been assessed in the past, Mr. SAMFORD. I should like to a-sk the chairman of the commit- on which tax-lien certificates have been issued, issued under existing tee in view of the fa.ct that I have been bitterly opposing the section law, on which heavy interest and, penalties have accrued. As to them, all the time, to give me a few minutes longer. parties have mutual rights; but if this section becomes law all the Mr. STEVENSON. Pending that, I think it is time for the com- rights of one party will be abrogated and the other will be· furnished mittee to rise. remedies never before enjoyed. .Mr. SAMFORD. This is too important a subject to act on to-night. Another reason: these special assessments are now being revised, Mr. HUNTON. I will let yon in aftor a while. and though the Senate has recently passed a bill extending the time Mr. SAMFORD. I will get through in three or four minutes. of revision, the commissioners. are proceeding to a-dvertise to sell, Mr. HWTON. I will let you have three minutes after I am through. without proper revision, and if the sale takes place the tax-payer can Mr. SAMFORD. I should like to have them now in the connection never be heard even to say a word against their injustice. of my preceding rem~ks, as they necessarily will be disjointed in the [Here the hammer fell.] very few minutes which I can have. Mr. VAN VOORHIS. I move to strike out the last word of this Mr. HUNTON. Mr. Cha.irman, the gentleman from Alabama ad­ section. It seems to me that there are provisions in that section that mits the propriety of this section in all questions r an in- · Mr. ALDRICH, of Rhode Island. Will the gentleman from Ala­ crease of pension-to the Committee on Invalid Pensions. bama permit me to read that portion of the decision of the Supreme By Mr. BLAKE : The petition of Marcus Chandler and others, news­ Courtt dealers, of Newark, New J'ersey, for the removal of the dntyon news­ Mr. SAMFORD. Yes, sir; if it does not come out of my time. papers,. periodicals, &c.-to the Committee on Ways and Means. 1880. CONGRESSIONAL RECORD-HOUSE. 2719

By Mr. BOUCK: The petition of newspaper dealers of Oshkosh, Also, the petition of the Cleveland (Ohio) Provision Company and Wisconsin, of similar import-to the same committee. 100 others, that salt be placed on the free list-to the same committee. By Mr. BRIGGS: The petition of G. A. Curtice, for additional com­ Also, the petition of citizens of Ohio, against the practice of po­ pensation for services rendered as an officer in the United States lygamy in the United States-to the Committee on the Judiciary. Army-to the Co.mmittee on Military Affairs. Also, the petition of citizens of Ohio, for the passage of the bill By Mr. CRAPO: The petition of Alexander H. Seabury and 175 equalizing bounties-to the Committee on Military Affairs. others, citizens of New Bedford, Massachusetts, for the repeal of the By Mr. WELLS : The petition of the Merchants' Exchange of Saint duty on salt, and that it be placed on the free list-to the Committee Louis, Missouri, for the improvement of the Mississippi River-to the on Ways and Means. Committee on Commerce. By Ml'. DWIGHT: The petition of E. Keene and 6 others, of Trum­ By Mr. WILLIS: Papers relating to the claim of J. G. and B. F. bull Corners aud Newfield, New York, for the equalization of boun­ Mattingly, to be refunded moneys improperly collected from them ties-to the Committee on Military Affairs. by United States revenue officials-to the Committee on Ways and Also, the petition of R. W. Chapman and 5 others, of Trumbull's Means. Corners and Newfield, New York, against the passage of the bill (H. By Mr. THOMAS L. YOUNG: The p~tition of Karl Reuber and the R. No. 496) providing for the examination and adjudication of pension Trades' Assembly of Pittsbdrgh, Pennsylvania.; for the passage of the claims-to the Committee on Invalid Pensiolli!. bill creating a ~partmen.t of labor, manufactures, and mines-to the Also, tho petition of R. W. Chapman and 4 others, of Newfield, Committee on t1ie Judiciary. New York, for the passage of the Weaver soldier bill-to the Com­ mittee on l\Iilitary Affairs. By Mr. ERRETT: The petition of the news-dealers of Pittsburgh, Pennsylvania, for the repeal of the duty on newspapers, periodicals, HOUSE OF REPRESENTATIVES. &c.-to the Committee on Ways and Means. By Mr. FORD: The petition of Nave, McCord & Co. and other SATURDAY, April 24, 1880. wholesale merchants of Saint Joseph, Missouri, that salt may be placed on the free list-to the same committee. The Honse met at twelve o'clock m., Mr. GooDE in the chair as By Mr. GILLETTE: The petition of J. H. Windsor & Co. and 48 Speaker pro tempo-re. others, citizens of Des Moines, Iowa, of similar import-to the same Prayer by the Chaplain, Rev. W. P. HARRISON, D. D. committee. The SPEAKER pro tempore. The Clerk will read the following let- · By Mr. GOODE : The petition of citizens oi Virginia., of similar ter received from the Speaker of the House. import-to the same committee. The Clerk read as follows : By Mr. HATCH: Memorial of the city council of Hannibal, Mis­ w ASBlNGTON, D. C., April 23, 1880. Sm: I expect to be absent from the Honse of Representatives during to-morrow's souri, asking for liberal appropriations for the permanent improve­ (Sa.turda_y's) session, and, in consequence, herewith name and appoint you, under ment of the :Mississippi River, and the adoption of the reservoir sys­ power given me by the rules of the Honse, to act as Speaker in my stead for that tem in connection therewith-to the Committee on Commerce. da.y. . Also, resolutions of the Merchants' Exchange of Saint Louis, Mis­ Your obedient servant, SA.M. J. RANDALL, Speaker. souri, for the permanent improvement and deepening the channel of Hon. JOHN GoODE, the Mississippi River, and that a standing committee on Mississippi Representativefrom Virginia. River improvement 1.)e raised, having charge of said subjects alone­ to the same committee. The Journal of yesterday was rea