1896. CONGRESSIONAL RECORD-SENATE. 3977·
PRIVATE BILLS, ETC. system of weights and measures~to the Committee on Coinage, Weights, and Measures. · Under clause 1 of Rnle XXII, private bills of the following titles By Mr. ~USK: Petition of. Frederick Fi!1her, ill; relation to his were presented and referred, as follows: pension·clarm-to the Committee on Invalid Pensions. By Mr. BINGHAM: A bill (H. R. 8197) for the relief of John Also, papers relatin~ to the pen~ion cl3:im of Mrs. Rachel R. T. Guerin-to the Committee on Naval Affairs. Martin-to the Committee on Invalid PensiOns. By Mr. CURTIS of Kansas: A bill (H. R. 8198) gran.ting an By Mr. SMITH of Michigan: Petition of Rev. D. F. Bradley increase of pension to George C. James-to the Committee on and 862: others of Park Congregational Church, Grand Rapids, Invalid Pensions. Mich., in favor of Sunday-rest law for the District of Columbia By Mr. DOLLIVER: A bill (H. R. 8199) to increase the pension to the Committee on the District of Columbia. of Oscar W. Lowery-to the Committee on Invalid Pensions. By Mr. TRACEY: Petition of Deer Lake Lodge, No. 17, of By Mr. ELLETT of Virginia: A bill (H. R. 8200) for the relief Springfield, Mo., International Association of Machinists, ask:i.J;lg of Charles S. Mills-to the Committee on Claims.· for an investigation of the Brooklyn Navy-Yard-to the Commit~ By Mr. LOUD (by request): A bill (H.R.8201).to increase tJ;le tee on Naval Affairs. pension of Mrs. Helen A. Benton-to the Committee on Invalid Also, papers in support of bill for the relief of John ·H. Alex-· Pensions. . ander-to the Committee on War Claims. By Mr. McCALL of Tennessee: A bill (H.R.8202) fortherelief Also, paper in support of b~l for the relief of Samuel Webb of Thomas F. Lee-to the Committee on Claims. to the Committee on War Claims. Also, a bill (H. R. 8203) to remove th~ ?harge of ~esertion against By Mr. WILBER: Petition of citizens of the Twenty-first Con G. B. Gibson-to the Committee on Military Affairs. . gressional district of New York; also petition of citizens of By Mr. THOMAS: A bill (H. R. 8204) granting a penSion to Schenectady, N.Y.; also petition of citizens of Oneonta, N.Y., Ellen Charlton-to the Committee on Invalid Pensions. in favor of the adoption of the ~etric sys~em of weights .and By Mr. TRACEY: A bill (H. R. 8205) fo! the :el~e! .of. Samuel measures-to the Committee on Comage, Weights, and Measm·es. Webb for medicines furnished Enrolled Missouri Militia m 1863- Also, petitions of F. E. Mungor, W. D. Davis, Adam D. Smith, to the'Committee on War Claims. and J. B. Hall, of the State of New York, for favorable action on By Mr. BULL: A bill (H. R. 8206) granting an increase of pen House bill No. 4566, to amend the postal laws relating to second sion to Mrs. Sarah C. Abbott, widow of Commander Trevett class matter-to the Committee Qn the Post-Office and Post-Roads. Abbott United States Navy-to the Committee on Pensions. By Mr. LINTON: A bill (H. R. 8207) granting a pension to James McQuarter-to the Committee on ~nvalid Pensions. SENATE. PETITIONS, ETC. WEDNESDAY, Aprt1 15, 1896. Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. . Under clause 1 of Rule XXII, the following petitions and. papers The Vice-President being absent, the President pro tempore took were laid on the Clerk's desk and referred as follows: the chair. By Mr. BARNEY: Petition of .c. C. Cole ~nd others! of the The Secretary proceeded to read the Journal of yesterday's pro Milwaukee National Home for DISabled Soldiers, favormg the ceedings, when, on motion of Mr. ALLEN, and by unanimous con passage of an act enabling any inmate of the Home to live w~th his family at a cost not to exceed the average expense of such m sent, the further reading was dispensed with. mate at the Home-to the Committee on Military Affairs. ENROLLED BILLS SIGNED. By Mr. BINGHAM: Papers to accompany House bill for the The signature of the President pro tempore was announced to relief of J. T. Guerin-to the Committee on Naval Affairs. the following bills and joint resolutions, which had previously re By Mr. BRODERICK: Petition of A. A. Trocon and others, of ceived the signature of the Speaker of the Honse of Representa Leavenworth, Kans., in favor of the adoption ~f the metri~ sys ~oo: . tem of weights and measures-to the Committee on Coinage, A bill (S.100) for the relief of the estate of John R. Bigelow; Weights, and Measures. · A bill (S. 1203) granting an increase of pension to Mary Double By Mr. CLARDY: Papers to accompany House bill No. ~514, day, widow of Bvt. Maj. Gen. Abner Doubleday; for the relief of James 0. Knox, of Nebo, Ky.-to the Committee A bill (S. 1317) to grant certain lands to the city of Colorado on War Claims. Springs, Colo.; By Mr. DINSMORE: Papers to accompany bill for the relief of A bill (S. 2141) to amend an act approved August 24, 1894, en Samuel Mayes, of Washington County, Ark.-to the Committee titled "An act to authorize purchasers of the property and fran on War Claims. chises of the Choctaw Coal and Railway Company to organize a By Mr. HARTMAN: Remonstrance of John Gray and44others; corporation and to confer upon the same all the powers, privi also of Charles F. Stuart and 21 other citizens, all of the State of leges, and franchises vested in that company"; Montana, against permitting the st_a~e of Pere M~rquette tore A joint resolution (S. R.104) directing the Secretary of War to main in Statuary Hall-to the Committee on the Library. transmit to Congress a report on survey of the waterway con By Mr. HENDERSON: Petition of A.M. Ch~mberlain and 95 necting the waters of Puget Sound at Salmon Bay with. Lakes other citizens of Blackhawk County, Iowa, praying for the enact Union and Washington, and to submit an estimate of the cost of ment of a law to prohibit-railroads from using cars without exten constructing said waterway; and sion or adjustable roof or some method to close the space between A joint resolution (S. R.123) directing the Secretary of War to the roofs of cars to prevent person.s falling between them-to th~ submit a plan and estimate for the improvement of the Nebraska Committee on Interstate and Foreign Commerce. side of the Missouri River opposite Sioux City, Iowa. By Mr. HENRY of Indiana: Papers to accompany Honse bill No. 3400, appropriating money for sewer built by A. Bruner ad PETITIONS AND MEMORIALS. jacent to United States arsenal at Indianapolis, Ind.-to the Com Mr. QUAY presented a memorial of 82 citizens of Hunting mittee on Claims. don County, Pa., and a memorial of 140 citizens of Newburg, By Mr. HULL: PapersrelatingtothecaseofWilliamL. Stone Pa., remonstrating against placing the statue of Pere Marquette to the Committee on Naval Affairs. in Statuary Hall; which were referred to the Committee on the By Mr. KIEFER: Petition. of 48 citizens .of St. Panl, ¥inn., Library. in favor of the passage of a bill for the adoption of the metnc sys Mr. FAULKNER presented the petition of W. R. Jewell and 70 tem-to the Committee on Coinage, Weights, and Measures. other citizens of Vandalia, W. Va., praying for the removal of By Mr. LINTON: Petitions and remonstrances of citizens of the st-atue of Pere Marquette from Statuary Hall; which was Scranton, Pa.; also of citizens of East Las Ve~as, N.Mex., pro referred to the Committee on the Library. testing against the statue of Marquette remaming in Statuary Mr. ALLEN (for Mr. THURSTON) presented resolutions adopt~d Hall-to the Committee on the Library. by the Nebraska Club~ in favor of the enactment of legislation By Mr. McCALL of Tennessee: Papers to accompany Honse requiring educational tests of immigrants; which were referred bill for the relief of Lamson Woods-to the Committee on Military to the Committee on Immigration. Affairs. He also (for Mr. THURSTON) presented a petition of Omaha Also, papers to accompany House bill for the relief of Thomas Lodge, No.1, United National Association of Stationary Engi F. Lee-to the Committee on Claims. neers, of Omaha, Nebr., praying for the reorganization of the By Mr. MILLER of West Virginia: Petition of J. H. Wagner Engineer Corps of the United States Navy; which was referred to and 18 others, of Millwood, W.Va., protesting against the statue the Committee on Naval Affairs. of Pere Marquette remaining inthe Capitol of the United States He also (for Mr. THURSTON) presented the petition of Leo Wolf to the Committee on the Library. son, secretary of the Board of Trade of Dallas, Tex., praying for By Mr. OTJEN: Petition of George P. Dra-yo and others, ?f the passage of the so-called Torrey bankruptcy bill; which was Milwaukee, Wis., in favor of bill for the adoption of the metric ordered to lie on the table. 3978 CONGRESSIONAL .RECORD- SENATE. .APRIL 15,
.Mr. PEFFER. I _present a .:petition of sundry citizens, and as them adversely with the recommendation tha-t they be indefinitely I have not had time to indorse it I hardly know howto state its postponed. I suppose, to meet the views of the Senators intro con bents except by re.ading the first sentence, which is as follows: ducing the bills, they may be placed on the Calendar. We, the undersigned citizens of the Unite d stat es, most re~ectfully-r e-p The bills were ordered to be placed on the Calendar, as follows: resent to your honorable bodies that there exists within on.r m1dst a class of A bill (S. 983) to consolidate mail m:rlter of the third and fourth industrial bein~s or entities whose member s as compared with our own race classes; are veritable g~ants capable of perfonning -proq:igious amounts of labor; a. single ap.e of them in many instances being able to accomplish as much in a A bill (S. 1030) to require preference to be given to citizens of given time as a dozen of our best and most skillful laborers. th-e States and localities wbBre the mails a:re to be carried in aU I assume from the language of th-e ·petition that it is a t·equest maillettings; for legislation in the interest of laboring people who have to com- A bill (S. 1162) makinj?; an appropriation for the purchase of •pete with machines. I move that the petition be referred to the F ail: banks & Co.'s Infallible A-merican gold and silver coin scale Commit tee on Education and Labor. and counterfeit -coin detector for usein the post-offices tlu·oughout The motion was agreed to. the United States; and 1\ir. PLATT presented a petition of the Connecticut Temperance A bill (S. 224-3 ) for the relief of Rev. Robert Meacham. Union, praying for the appointment of a-n impartial national com Mr. WOLCOTT, from the Committee on Post-Offices and Post mission of inquiry, to investigate and report upon the-alcoholic Roads, to whom was r eferred the amendment submitted by Mr. liquor ti·affic, its relations to crime, paupeTism, taxation, and the H AWLEY on the 10th instant, providing that after Januat·y 1,1897, general public welfare; which was refeiTed to the Committee on no postage stamps shall be mannfaetured or furnished by the Education and Labor. · · Bm·eau of Engraving and Printing, etc., intended to be proposed He also presented.a memorial of the Purcell Bar A-ssociation of to the sundry civil appropriation bill, reported favorably thereon, Purcell, Ind. T., remonstrating against the repeal of the -existing and moved that it b e refeiTed to the Committee on Appropria law which gives exclusive jurisdiction to the courts of the Indian tions and printed; whicb was agreed to. Terntorv over all criminalJlrosecutions in that Territory; which Mr. ALDRIG'H. I am directed by the Committee-on Rules to wa..s referred to the Committee on ·the Judiciary. report two amendments intended to be proposed to the sundry He also presented the memorial of J. R. Stubbert and 113 other civil approp1iation bill, one providing for the extension of the citizens of New London., Conn., and the memorial of Thomas E. electric-light plants in the Capitol and to the grounds about.the Packer and 86 other citizens of Mystic, eonn., remonstrating Capitol, and the othei' for the ventilation of the Senate wing of agajnst the introduction of military training in the public schools the Capitol. The second amendment is accompanied by a report of the country; which were referre4 to the Committee on Military made by Prof. S. H. Woodbridge. I move that the amendments Affairs. be referr-ed to the Committee on Appropriations and printed, to MI·. TURPIE (for Mr. VooRHEES) presented resolutions adopted gether with the accompanying l'eport by Professor Woodbridge. by the Young Men\s Democratic Olub of Boston, Mass., fav01ing The motion was agreed to. the election of Senators by popular vote; which were refelTed to 1\fr. PRITCHARD, fro-m the Committee on the District of Co the Committee on Privileges.and Elections. lumbia, to whom wa-s referred the bill (H. R. 227) requiring bills 1\lr. SHOUP presented the petition of Mrs. Rebecca Mitchell, of sale, conditional sales, ntortgages, or deeds of trust of chattels Eva Craig Bartin, Mary_E. MoGeerand Susan_E. Holbrook, officers in the District of Columbia to be recorded, reported it without of the Women's White Ribbon Association of Idaho, praying for amendment, and submitted a report thereon. the appointment of an international board of arbitration between Mr. QUAY, from the Committee on Public Buildings and Great Britain and the United States; which was referred to the Grounds, to whom was refened the amendment submitted by Committee on the Judiciacy, and ord€rea to be printed in the Mr. WHITE on the 9th instant, intended to be proposed to the sundJ::y civil appropriation hill, . the amendmen~ proposing -to REcoRD, as follows: appropriate $12,000 for additions to and alterations in the United To the Senate of the United States: States court-bouse and 'POSt-offi.ce building at Los Angeles, Cal., We, White Ribbon women wbowear the badge of p-eace and represent the reported it without amendment and moved that it be referred to the hom~ t_he church, the school, and the philanthropies that seek to enthrone the uolden Rule of Christ, that by its means we may help to bring in the Committ-ee on A:ppro_priations ana printed; which was agreed to, golden a~ of man, hereby earnestly petition yournonor~ble body .to Adopt BREVET APPOINTMENTS. .. a. resolutwn and appoint a commiSSion to carry ou_t the provisions of "the same, whereby all subjects of difference between .:the United Btates and our Mr. SEWELL. I am db:ected bythe Committee on Military mother country l:'hall bel'eferred to arbitration. Ail'ai:rs, to wnom was referred the bill (H. R. 3719) to provide for We rejoice that the legislature of the great Empire State of New York, with but one dissenting voice, petitioned you to take the same beneficent appointment by brevet of active or retired officers of the United action, and we believe tha:t every legisla.turein the land would gladly do the States Army, to l'eport it favorably with an amendment; and as same. .8hewho bears the soldier begs-thatheneed_nolonger hear the sword, the bill will not excite any opposition, 1 ask ·unanimous consent bu.t that instead the keen blade of justice .and the ammunition of cogent to put it on its passage. a.r~mentmaybe the only weapons n.Sed between two ~reatnationssoclosely akin by rea,son of their common ancestry and religion, -their common lan "The Secretary read the bill. guage and history, and their common love and loyalty to the home, which is The PRESIDENT pro tempore. The am-endment reported by the bright consummate flower of a Christian civilization. the committee will be stated. To this end we ~peal-to yon with great good will and entire confidence The amendment was, in line 5, t o -strike out" shall" and .insert that our prayer to od and our plea 'to ~~-E:B~ffcle.ifl~~t"· "may, at tb.e discTetion of the Pr€sident "; so a..s to make the bill President of_Vteidaho W. 0. T. U. EVA CRA1G BARTIN, . read: Reco1·ding See1·etary of the Jda7w W. C. T. U. Be it enacted, etc., That aJl officers of the Regular Army of the United States, MARY K J.\IcG:EE, active or retired, wbo served in the volunteer forces during the late war, Corresponding Secretary of t he Idaho W .•a. T. -u. may, at the discretion of the-p_resident, receive a brevet in :the Regular Army SUS.A.N E. HOLBROOK, equal to the highest rank held or the highest .brevet rec.eived in th.e said vol Treasurer of the Idaho W . 0 . T. U. unteer forces and b e comm:issioned accordingly as of the date of such brevet : Provided, That the y have not already received a brevet of equal or higher :Mr. PETTIGREW presented a memorial of the Choctaw and g:radein the Regular .Army. Chickasaw Nations of Indians relative to their claim to an interest The PRESIDENT pro tempore. Is there objection to the pres ~ in the lands embraced in Greer County, Okla.; which was refer:red ent consideration of the bill? to the Committee on Indian Affairs, and ordered to be printed as :M.r. PETTIGREW. I do not cat·e to object, but I should like .a document. to know whether the bill increases the pay of these men or not? He also presented a communication from Henry W. Elliott, of Mr. SEWELL. It does not cause a dollar of expense to the Gov Cleveland, Ohio, relative to the condition ,and driving of fur seals ernment. It affects a few officers who are still living and who on the Pribilof Islands, Bering Sea, Alaska; which w.as ordered received brevets in the volunteers. It will give them a brevet to lie on the table, and to -be printed as a document. equal to that .rank in the Regular Army forihe l'emainder of their lives. There can be no possible objection to the bill. REPORTS OF COMMITTEES :Mr. ALLEN rose. Mr. BURROWS, from the Committee on Post-Offices and Post .Mr. SEWELL. I will say to the Senator from Nebraska that Roads, to whom was referred the bill (S. 2741) to reclassifyrailway I have amended -the bill, by order of the committee, so that it is postal clerks and prescribe their salaries, Teported it without entirely in the discretion of the President to grant the brevet. amendment, and submitted a report thm·eon. Mr. ALLEN. I should like to ask the Senator from New Jersey · Mr. SHOUP, from the -Committee on Pensions, to whom was if the bill .does not carry pay either now or hereRL""ter? refened the bHl (S. 2822) to increase the pension of Theodore V. Mr. SEWELL. Not at all. Purdy, r-Bported it without amendment, and submitted _a report Mr. ALLEN. I ask the Senator what is the necessity or the thereon. pro.priety of the bill? .Mr. ROACH, from the Committee on Pensions, to whom was Mr. SEWELL. Itis simply the pride that military men have r eferred the bill (S. 1902) gt·anting a pension to .Jennie .E. Burch, in rank. There are a number of these gentlemen (the number is r eported it with an amendment, and submitted.a report thereon. con:fi.ne_a to thirty or forty, I think) who served as major-generals, Mr. WOLCOTT. I am directed bv the Committee .on P oat commanding divisions and corps, and they a;re now lieutenant Offices and P ost-Roads, to whom were r eferred four bills, to repor t colonels and colonels in the Arm y. They would like to hand 1896. CONGB;ESSIONAL RECORD-SEN ATE. 3979 down to their offspring the rank of brevet major-general in the Mr. HALE. The resolution simply cures the defect. United States Army. That is the sole purpose. The PRESIDENT pro tempore. The Senator from Maine asks Ml'. HAWLEY. Thesameranktheyreceived inthevolunteers. for the present consideration of the resolution reported by him Mr. SEWELL. The same rank they received in the volunteers. from the Committee on Printing. Mr. HAWLEY. Which lapsed when they were transferred. The concurrent resolution was considered by unanimous consent The PRESIDENT pro tempore. Is there objection to the pres- and agreed to. ent consideration of the bill? BURIAL PLACES OF SOLDIERS. Mr. ALLEN. With one word, I think! will withdraw :iny ob 1\Ir. :MITCHELL of Wisconsin. I .am instructed by the Com jection to it. I hope the Senator from New Jersey, who is liberal mittee on Military Affairs, to whom was referred the bill (S.1466) in this matter-and I feel that he is liberal in all other matters to purchase, inclose, and improve the sites, or portions thereof, of will consent to amend the bill so that it will embrace all noncom certain forts, battlefieldsl and graves of American soldiers, sailors, missioned officers and private soldiers as well. Let it be pro and marines in the Maumee Valley, and to erect thereon appro vided-- priate monuments and commemo1-ative tablets, to report it favor Mr. SEWELL. I should be glad to do that if I knew what to ably by substitute, and I ask that it be considered at this time. give them. The bill is somewhat lengthy, and I suggest that the substitute Mr. ALLEN. I think they performed services equally merito only be read. rious and conspicuous. The PRESIDENT pro tempore. Without objection, the substi Mr. SEWELL. But they did not receive brevets in the volun tute will be read for information, instead of the original bill. teer service. The bill refers only to officers who received brevets The Secretary proceeded to read the ~bstitute. in the volunteer service. -Mr. ALLISON. If the bill leads to deb'ate- Mr. ALLEN. The Senator from New Jersey has no doubt that The PRESIDENT pro tempore. Does the Senator from Iowa we could create a rank of brevet colonel or brevet brigadier-gen object to the consideration of the bill at this time? eral for all the private soldiers and noncommissioned officers and Mr. ALLISON. I shall not object to it if it does not lead to authorize the President to commission them. • debate. Mr. SEWELL. I will say to the Senator that the Congress of The Secretary resumed and concluded the reading of the sub the United States might make us all major-generals if it chose to stitute; which was to strike out all after the enacting clause of the do so. bill and insert: Mr. ALLEN. I believe I will object to the consideration of the That there is hereby ap:propriated, upon the condition hereinafte-r pre bill at this time. scribed, out of any money m the Treasury not otherwise appropriated, the The PRESIDENT ,pro tempore. Does the Chair understand the sum of Sl7,
Kentucky Volunteer Infantry, and Company H, Fourth Regiment therefore the Chair supposes it should be referred to the Commit Kentucky Mounted Volunteer Infantry; which was read twice by tee on Finance of the Senate. its title, and, with the accompanying papers, referred to the Com Mr. BATE. Very well; I have no objection to that reference, mittee on Military Affairs. though we have a committee which I suppose was created for the Mr. HAWLEY introduced a bill (S. 2855) granting an increase special purpose of taking charge of such subjects. of pension to Dora Z. Allen, widow of Robert W. Allen, late pay The PRESIDENT pro tempore. In the absence of objection, inspector, United States Navy; which was read twice by its title, the joint resolution will be referred to the Committee on Finance. and referred to the Committee on Pensions. AMENDMENTS TO APPROPRIATION BILLS. He also introduced a bill (S. 2856) granting a pension to Sarah E. Jenkins, daughter of the late Admiral Thornton A. Jenkins; :M:r. GRAY submitted an amendment intended to be proposed which was read twice by its ·title, and referred to the Committee by him to the sundry civil appropriation bill; which was referred on Pensions. to the Committee on Appropriations, and ordered to be printed. He also introduced a bill (S. 2857) granting an increase of pen :M:r. PLATT submitted two amendments intended to be oro sion to Ella S. Mannix; which was read twice by its title, and posed by him to the river· and harbor appropriation bill; which referred to the Committee on Pensions. were referred to the Committee on Commerce, and ordered to be Mr. ELKINS introduce~ a bill (S. 2858) to provide for the con printed. struction of the Maryland and · Delaware free ship canal as a Mr. QUAY submitted an amendment intended to be proposed means of military and naval defense and for commercial purposes; by him to the river and harbor appropriation bill; which was which was read twice tpts title, and referred to the Committee referred to the Committee on Commerce, and ordered to be printed. on Commerce. Mr. CALL submitted an amendment intended to be proposed Mr. PLATT introduced a bill (S. 2859) changing the time for by him to the sundry civil appropriation bill; which was referred holding circuit court of the United States at Hartford, in the to the Committee on Post-Offices and Post-Roads, and ordered to district of Connecticut; which was read twice -by its title, and,. be printed. with the accompanying papers, referred to the Committee on the :M:r. LODGE submitted an amendment intended to be proposed Judiciary. by him to the river and harbor appropriation bill; which was re Mr. DAVIS introduced a bill (S. 2860) granting a pension to ferred to the Committee on Commerce, and ordered to be printed. David Hunter; which was read twice by its title, and, with the Mr. HILL submitted an amendment intended to be proposed by accompanying papers, referred to the Committee on Pensions. him to the naval appropriation bill; which was referred to the Mr. SEWELL introduced a bill (S. 2861) to establish a military Committee on Naval Affairs, and ordered to be printed. and national park upon the Palisades of the Hudson; which was Mr. MANTLE submitted an amendment intended to be pro read twice by its title, and referred to the Committee on Military posed by him to the sundry civil appropriation bill; which was Affairs. referred to the Committee on the Judiciary. Mr. TURPJE (for Mr. VooRHEES) introduced a- bill (S. 2862) CONTROL OF SLEEPING CARS. to remove the charge of desertion from the military record of Cor nelius Farrell; which was read twice by its title, and, with the Mr. PETTIGREW. I submit a resolution and ask for its im accompanying papers, referred to the Committee on Military mediate consideration. Affairs. The resolution was read, as follows: Resolved, That tbe Committee on Interstate Commerce, to whom was re Mr. PETTIGREW introduced a bill (S. 2863) to amend section ferred Senate No. 1901, a bill to empower the Interstate Commerce Commis 3287 of the Revised Statutes of the United States, authorizing in sion to control sleeping cars, and for other purposes, on February 4:, 1896, be, certain cases the storage of distilled spirits in metal tanks in dis and is hereby, directed to report said bill to the Senate at the earliest day tillery warehouses; which was read twice by its title, and referred possible. to the Committee on Finance. Mr. CULLOM. I do not know where the resolution comes from, Mr. WHITE introduced a bill (S. 2864) to amend an act entitled but I do not think it necessary to adopt the resolution. The Com "An act to refer the claim of Jessie Benton Fremont to certain mittee on Interstate Commerce is trying to do its duty in these lands and improvements thereon in San Francisco, Cal., to the matters without any instruction from the Senate. I can assure Court of Claims," being chapter 80 of the private acts of the whoever introduced it that the committee has been giving and Twenty-seventh United States Statutes at Large, approved Feb will give proper attention to this and all other business which has ruary 10, 1893; which was read twice by its title, and referred to been referred to it. I hope with this statement the Senator will the Committee on the Judiciary. not undertake to force a resolution through carrying with it the Mr. BUTLER introduced a joint resolution (S. R. 132) to carry idea that we are not doing our duty with reference to this subject into effect two resolutions of the Continental Congress directing or any other. monuments to be erected to the memory of Generals Francis Nash The PRESIDENT pro tempore. Does the Senator from lllinois and William Davidson, of North Carolina; which was read twice object to the present consideration of the resolution? by its title, and referred to the Committee on Revolutionary Mr. CULLOM. I do not care to object to its consideration. I Claims. want the Senator who offered it to say what he wishes about it. Mr. LODGE introduced a joint resolution (S. R.133) authoriz M1·. PETTIGREW. I meant no slight upon the Committee on ing Surg. P.M. Rixey, of the Navy, to accept from the King Interstate Commerce. The bill was referred to the committee on of Spain the grand cross of naval merit with the white distinction the 4th of February, and I simply wish to call the attention of the mark, in recognition of services rendered to the officer and sailors committee to the matter. I was informed by the older members of the Santa Maria who were injured by an explosion on that of the Senate that to offer such a resolution is not a matter of dis ship; which was read twice by its title, and referred to the Com courtesy or one that ought to lead to any possible objection on the mittee on Foreign Relations. part of the committee. I intended nothing of that sort. It seems Mr. BATE introduced a joint resolution (S. R.134) authorizing to me the resolution can do no harm, and! hope the Senator from foreign exhibitors at the Tennessee Centennial Exposition, to be illinois will withdraw his objection to it. held in Nashville, Tenn., in 1897, to bring to this country foreign Mr. CULLOM. I think it is a reflection on the committee itself, laborers from their respective countries for the purpose of pre because it is a declaration that the committee has not yet reported paring for and making their exhibits, and allowing articles im a bill and the Senate is asked to direct us to report it at once. ported from foreign countries for the sole purpose of exhibition Mr. PLATT. Let me suggest that the resolution be referred to at said exposition to be imported free of duty, under regulations the Committee on Interstate Commerce. prescribed by the Secretary of the Treasury; which was read Mr. CULLOM. I am perfectly willing to allow that to be done. twice by its title. Mr. PETTIGREW. Very well; I do not object to that course. The PRESIDENT pro tempore. To what committee does the The PRESIDENT pro tempore. Without objection, the reso- Senator from Tennessee desire to have the joint resolution re lution will be referred to the Committee on Interstate Commerce. ferred? 1\!r. BATE. I suppose the committee having charge of that PRESIDENTIAL APPROVAL. subject. A message rrom the President of the United States, by Mr. The PRESIDENT ·pro tempore. The joint resolution will be PRUDEN, one of his secretaries, announced that the President had referred to the Committee on Finance, in the absence of objection. on the 14th instant approved and signed the act (S. 2132) for the Mr. BATE. I suggest that the joint resolution be referred to relief of settlers upon lands within the indemnity limits of the the Select Committee on International Expositions, to which com grant to theNew Orleans Pacific Railway Company. mittee I understand bills and joint resolutions similar to the one I have just introduced have heretofore been referred. I do not REMOVAL OF CLERK IN POST-OFFICE AT PENSACOLA. care, however, as to what reference may be given the joint reso- Mr. CALL submitted the following resolution, which was con lution, but merely make that suggestion. · sidered by unanimous consent, and agreed to: The PRESIDENT pro tempore. The Secretary informs the Resolved, That the Postmaster-General be, and he is hereby, directed to Chair that the joint resolution came originally from the Commit send to the Senate the correspondence relating to the recommendation of th&i. postmaster at Pensacola, Fla., for the removal of a clerk in the post-office at tee on Ways and Means of the House of Representatives, and Pensacola, Fla., and the action of the Post-Office Department thereon. 1896. CONGRESSIONAL RECORD-SENATE. 3981 "
Mr. WOLCOTT subsequently said: I desire to call the attention The PRESIDENT pro tempore. The resolution is before the of the Senator from Florida [Mr. CALL] and of the Senate to a Senate, and the Senator from Delaware is entitled to the floor. resolution which was passed unanimously this morning intro Mr. ALLISON. Before the Senator from Delaware proceeds, duced by the Senator from Florida. I noticed only a word or two I should be glad to know from those having charge of the privi of it and interposed no objection, for I was engaged at the time. leged question before the Senate when it is their purpose to The resolution reads as follows. s~cure a vote upon the proposition? . I do this with a view of get Resolved, That the Postmaster-General be, and he is hereby, directed to ting the question out of the way m some form, because it ma send to the Senate the correspondence relating to the recommendation of the terially interferes with other important business. I kuow it is postmaster at Pensacola., Fla., for the removal of a clerk in the post-office at Pensacola, Fla., and the action of the Post-Office Department thereon. also an important question, and I should be glad to learn what I do not apprehend that the Senator from Florida desires to put the purpose is of those having the matter in charge. in motion the machinery of the Senate in order that we may ask Mr. MITCHELL of Oregon. What is the Senator's question? the Postmaster-General to send to this body_the correspondence . ¥r. ALLISON. I should be glad to know whether some dispo sit~on can not be ma~e of the Du Pont case so as to finally dispose he may have had with a postmaster at Pensacola looking to the of It? It has been gomg on here for a good many weeks at inter removal of one of his clerks or that the letter of the postmaster at vals, by unanimous consent and otherwise, and we have allowed Pensacola to the Post-Office Department should necessarily be appropriation bills to be laid aside and taken up at the close of sent here for the consideration of the Senate and given publicity. business in the evening. For that reason I should be glad to It may or it may not be such a subject as should be investigated, have some understanding with our friends who have charge of but in any event, Mr. President, not to occupy the time of the the pending resolution. Senate further, I deem it my duty to interpose a motion to recon Mr. MITCHELL of Oregon. I will state to the chairman of the sider the vote by which the resolution was passed. Perhaps I Committee on Appropriations that as far a-s I am concerned I have can by conversation with the Senator from Florida fix the resolu been anxious from the first, and I am still anxious to reach a con tion in such terms as shall meet his views and at the same time clusion in the Du Pont case at the earliest po;sible moment. save the possible construction that might be put upon the resolu Speeches have been made, as the Senator knows, on both sides, and tion. there are yet a number of speeches to be made on both sides as I The PRESIDENT pro tempore. The Senator from Colorado am advised. I have no objection, so far as I am concern~d as enters a motion for the reconsideration of the resolution. I know the appropriation bills should not be delayed unne~es Mr. CALL. I desire to say, in reply to the observation of the sarily, that after the Senator from Delaware, who has the floor to Senator from Colorado, that I shall be entirely willing to have speak to-day on the Du Pont case, has concluded his speech the the vote by which the resolution was passed reconsidered, pro Senate shall proceed with the Indian appropriation bill, at all vided the Senator will give me some reason why it should be done. events. When the matter comes properly before the Senate I shall have M_r: HALE. I will state to the Senator from Oregon that in something further to say regardin~ it. addition to that measure the naval appropriation bill has been AFFAIRS IN CUBA PRIOR TO 1878. reported and I am very desirous to go on with it the moment the The PRESIDENT pro tempore laid before the Senate the fol Indian .app~opriation bill is out of th~ way. We expected to get lowing message from the President of the United States; which both bills mto conference before this time, but, as the Senator was read, and, with the accompanying papers, referred to the from Iowa ha-s said, they have been pushed aside for speeches upon Committee on Foreign Relations, and ordered to be printed: the Delaware case. Senators feel, I think, generally, that we To the Senate of the United States: ought to be at work upon the appropriation bills. In response to the resolution of :March 24, 1896, requesting that the Senate be furnished with the correspondence of the Department of State between Mr. MITCHELL of Oregon. There are at least three or four November 5,1875, and the date of the 1_>acification of Cuba in 1878 relating to Senators on this side of the Chamber who have notified me that the subject of mediation or interventiOn by the United States ill the affairs they desire to be heard on the DuPont case; and on the other side of that island, I transmit a r eport from the Secretary of State forwarding the Senator from Illinois [Mr. PALMER] at least has indicated such papers as seem to be called for by the resolution in question. to GROVER CLEVELAND. me that he desires to be heard. EXECUTIVE MANSION, Mr. ALLISON. What I desire is that we shall have some un Washington, April15,1896. derstanding as respects the business of the Senate, so that if the MESSAGE FROM THE HOUSE. Du Pont case is to be considered now it will be understood that the appropriation bills shall be set aside. Otherwise we should A message from the House of Representatives, by Mr. W. J. have an understanding that when au appropriation bill is taken BROWNING, its Chief C~erk, announced that the. ~ouse had passed the concurrent resolution of the Senate authonzmg the Commit up for consideration in the Senate it shall be concluded without tees on Enrolled Bills of the two Houses to correct the enrolled injecting other business. joint resolution (S. R. 116) authorizing the Public Printer to Mr. MITCHELL of Oregon. I will make to the Senator from print the Annual Report of the Superintendent of the United Iowa this suggestion, at all events, that after the Senator from States Coa-st and Geodetic Survey in quarto form and to bind it Delaware shall have concluded his speech and after the bond ques tion s~l have. been disposed of, then the Senate shall proceed with in one volume. the consideratiOn. of the Indian appropriation bill to a finish, and The message also announced that the House had passed the perhaps by that trme we shall be able to have some understanding concurrent resolution of the Senate to print 5,000 additional as to the order of business. copies of the paper entitled "Economic geology of the Mercer Mr. SHERMAN. I wish to give notice that after the conclu mining district," being a part of the Sixteenth Annual Report of sion of the remarks of the Senator from Delaware to-day I shall the United States Geological Survey. move an executive session. Senators are probably aware of the . The message further. announced ~h:;tt the House. had passed a bill (H. R. 8109) making appropnatwns for fortifications and object of the executive session. other works of defense, for the ar-!D-ament thereof, for the pro Mr. PEFFER. I wish to say to the Senator from Ohio that there ~s an agreem~nt by unanimous consent to proceed, when curement of heavy ordnance for tnal and service and for other that trme comes, With the bond resolution; but we can doubtless purposes; in which it requested the concurrence of the Senate. aiTange a-s to that matter. The message ~lso an~o~nced that th~ House had passed a con cur!ent resolutic;m providing for the prmting of 10,000 additional Mr. SHERMAN. Itwillnot disturb that arrangement. copies of Bulletin No. 15 of the Office of Experiment Stations of . Mr. PEFFER. With that understanding, of course, I shall not the Department of Agriculture, entitled Handbook of Experiment mterpose. Station Work; in which it requested the concurrence of the Senate. Mr. ALLISON. The bond resolution is subject to appropria tion b~lls by a distinct statement made by myself the other day SENATOR FROM DELAWARE. when It was sought to make that resolution a special order. Of Mr. GRAY. Mr. President, pursuant to the notice that I gave course the ~nator from Kansas does not expect to go on with the yeste:r:day that I would resume the floor to-day upon the privileged bond resolution to the exclusion of the a,ppropriation bills; at least questH~n, the resolution f~r t~e admission of Henry A. Du Pont to I hope not. I do not understand that to be the order. a seat m the Senate, I Will, 1f the Senate will so far indulge me Mr. PEFFE~. I understand the agreement to be just as it was proceed to consider that matter. ' madEI, Mr. President. There was a unanimous-consent agreement The PRESIDENT pro tempore. The Senator from Delaware made a few days ago that yesterday at 2 o'clock and 15 minutes moves that the Senate proceed to the consideration of a resolution P: m. we should proceed to the consideration of the bond resolu which will be read. tion, but yesterday at 2.15 o'clock we were not ready by reason of The Secretary read the resolution reported by Mr. MITCHELL of the fact that the .Senator ~rom New Hampshire [Mr. CHANDLER] Oregon, from the Committee on Privileges and Elections February was on the floor m the midst of a speech. Then, by unanimous 18, 1896, as follows·: ' consent, the a~eement was postponed or delayed until to-day Resolved, That Henry A. Du Pont is entitled to a seat in the Senate from at the conclusiOn of the speech of the Senator from Delaware the State of Delaware for the full term commencing March 4, 1895. [Mr. GRAY]. The PRESIDENT pro tempore. The question is on the motion Mr. ALLISON. Then I understand the unanimous-consent of the Senator from Delaware. agreement embraces the idea that the bond resolution is to be the The motion was agreed to. unfinished business. I have no objection to that. 3982 (JONGRESSIONAL REC,ORD- SEN.ATE. APRIL 15, ------Mr. PEFFER. At that time? There is .no .necessity for any discussion of it. I think it obvi- Mr. ALLISON. At that time. ously ougbt to be passed, and it is vexy impm·tant befo1·e the M:r. PEFFER. That is the understanding. appropriation bills are dispo ed of that we should know what the Mr. ALLISON. Giving way, of cmrrse, either by unanimous probable xevenue will be. If the pxesent policy continues-- consent or otherwise, to appropriation bills. Mr. HOAR. I shall object to debate, !believe, when the Senator Mr. PEFFER. That is ~rulable, undoubtedly. from Nevada gets through. · Mr. PALMER. I wish to say that 1 desrre to addl·ess · tne Sen- Mr. STEWART. The Senator from Massachusetts can not ate on the DuPont case, and will be ready at any time it snits the take a Senator off the floor. convenience of the Senate to near me after the Senator from Del- Yr. HOAR. I call for the regula-r order. aware has concluded. So there need be no delay so far as I am Mr. STEWAR-rr . If thep-resentpo1icyis to continue- personally concerned. '.rhe PRESIDENT pro tempore. The Senator from Massachu- Mr. GOIDIAN. I trust the suggestion made ·by the cnairman setts calls for the regular order. of the Committee on Appropriations, the Senator from iowa, will :Mr. HOAR. I do not wish to interpose until the Senator from be a.:,'Yl'eed to. We have been considering this privileged question Nevada has finished. in the Senate at odd times for the last month. We have now :Mr. STEW..ART. I will finish my sentence. reached a point wnere all the great aJ)propriation bills are nearly Mr. HOAR. I say I do not wish to cut off the Senator from ready for the consideration of .this body. It is unfair and-it is a Nevada. loss of time to attempt to bring the appropriation bills in bere as Mr. STEWART. I do not want to break off in the midst of a we have done and sandwich them between the privileged ques- sentence. I say if the present policy of selling bonds continues it tion and the ordinary business of the Senate. We have reached will be necessary to make ve-ry large appropriations in order to appropriation oills in whlcn there are great questions involved get tbe money out of the 'Treasury, OT we shall have no money in besides the mere amount of money to be appro_priated, and those the country ·with which to do business. bills will have to be consiaered by the Senate very ful~y. It seems Mr. ALLISON. I think the Senator will be satisfied with our to me it would expeilite business if we could have an .agreement efforts. now to vote upon the privileged question .on Wednesday .next at 3 Mr. STEWART . If that resolution should be passed we could o'clock without further debate. If such an .agreement is made J)erhaps be a little more economical. we can then proceed with the ordinary business of the Senate- Mr. GRAY. Mr. President, in what I have to say in regard to Mr. "MITCHELL of OregOll. I can not agree to a vote upon the the claim made on bebalf of Mr. Du :Pont that he was elected by the Du Pont case at that time in view of the notices I have received legislature of Delaware inlt!ay, 1895, as a Senator from that State to from Senators on both sides of the Chamber who desire to be this body l£b.all. endeavor to be as brief as clea-rness of statement heard upon it. will permit. As a citizen of tbe State-where the legality of that .Mr. GORMAN. That would give one week. claimisstrenuouslydenied,Ihavebeenmorethanwillingthatother The PRESIDENT pro tempore. Objection is .m.ade to tb.e re- ~enators, free from any supposed bias in this matter, should bear quest of the Senator from Maryland. the burden, such as it is, of the argument on this side in opposi- :Mr. GORMAN. no I understand the Senator from Oregon to tion to that claim. I do not mean that 1 am conscious of any such object to fixing a time? bias .as would interfere with the clear and impartial exercise of Ml·. MITCHELL of Oregon. I have ·already stated to the Sen- the judicial function we are now called upon to assume. At all ator from Iowa, the chairman of the Committee onAppropria- events, I am most fortunate in approaching the discus ion of this tions, and 1 now repeat to the Senator from Maryland, that per- case free .from all prepossession against the personality of the haps after the Indian appropriation bill is out of the way and we claimant, wlw has.long been known tome as an accomplished gen ascertain just who desire to be heard further upon the Du -r>ont tleman and ·worthy of the high esteem and regard in whiCh ne is cas~ held as a citizen of my State. It is only because the claim made Mr. RA.L"E. And the naval appropriation bill, 1 suggest also. of his election is utterly unsupported by any view of the consti That bill is on the Calendar and ready to ·be brougnt before the tution of Delaware heretofore taken, or by any just view capable Senate. of being taken, that I conceive it my duty to oppose that claim. Mr. MITCHELL of Oregon. Well, I suggest that we may :Mr. President, at the outset it is proper to remark, in view of then probably be able to see our way clear to make some arrange- what has been said by all the Senators who have spoken in sup ment. But at present I am unable to agree to any time for a vote port of this claim, that all fair prepossessions fotmded upon the upon the Du Pont case. . merits, founded upon the situation in the State of Delaware, are Mr. GORMAN. That, I take it, practically means that this in favor of the propositions that I now support ancl which have case is not to be considered until after the 1st of June. been supported by the minority of the Committee on Privileges Mr. MITCHELL of Oregon. It does not, by any manner of and Elections in opposition to the claim of Mr. DuPont. If Mr . .means. ·DuPont Bhall be seated, he will be seated because a community Mr. GORMAN. In view of the condition of the business of the in the State of Delaware has been disfranchised; he will be seated Senate, with the debate that will necessarily occur upon the ap- because one of the regularly elected members of the le!rislature (PIOpriation bills, with the very full consideration which those upon which the duty of electing a United States Senator devolved important measures now coming on require, and which ought to ha.s been deprived of the right to exercise the function of an be disposed of before the 1st day of June-this is a question elector, and thereby made a result -possible which, if he had not involving the right of a gentleman to a seat in this body.; it is a been thus deprived, could not have been brought about. In other :privileged question; and it seems to me that some time should be words, :M.r. President, those who support the claim of Mr. Du fixed for taking the vote upon it. If one week will not do, t~n Pont to a seat in this body can only hope to be successful by the days hence ought to be fixed, so that we can get it out of the way accident of a vacancy in representation, which they argue has of all these important measures. been brought about under the 'Provisions of the constitution of lYir. MITCHELL of Oregon. I .will say what the Senate appre- Delawru·e. ciates and understands, that this privileged question has not been No one doubts that if every person elected to the legislature of proceeded with regularly. It has been taken up only at odd times, the State of De1aware by the people of that State was present and a speech made now and another then. We have not proceeded voting when the election for United States Senator was being with it any one day for the full day. As far a.s I am concerned, I held Mr. DuPont would not be seated. No one doubts if Kent have a desire to accommodate the business of the AppropriatiOlls County in the State of Delaware had its full representation, whicb Committee and other business of the Senate, and I am now willing, it had elected under the constitution, in that electoral boay that .having charge of the privileged question, that after the conclusion Mr. DuPont would not have been chosen. So that, if he should ·Of the speech of the Senator from Delaware (:Mr. GR.A.Yl the Indian be admitted here and it should be declared that he was elected appropriation bill and the naval appropriation bill shall be taken and entitled to a seat in this body, it would be by reason of this up and concluded, and then I desire to go on and proceed to a casus in the situation in the State of Delaware, and not by reason finish with the Du Pont case. of the will of the people as expressed when they elected the mem- Mr. STEWART. What has become of the unanimous-consent bers of the legislature. agreement? So-that, I\Ir. President, what I have said seems to me very ap- ::Mr. MITCHELL of Oregcn. That is included. posite when we consider how each of the Senators who have sup- The PRESIDENT pro tempore. Debateisproceeding byunan- ported this claim has animadverted in terms of more or less imous consent. severity upon what they term a usurpation upon the part of one Mr. STEWART. I wish it distinctly understood that there is · of the members elected from one of the counties in that State to .a unanimous-consent agreement to consider the bond resolution the senate of Delaware, on what they variously call a seizure of after the conclusion of the speech of the Senator from Delaware office, an extrusion of tha rightful speaker of the senate, and a "[Mr. GRAY]. I should like to say-- seizing of the position. :Mr. President, none of these epithets is 1\Ir. MITCHELL of Oregon. I do not wish to interfere with applicable, none of them is justified by the situation, none of that, of course. ... them applies justly to the situation that was created by the exer- Mr. STEWART. The bond resolution might be passed without ci.se by .Mr. Watson of the office-of governor under the constitu,. any discussion. Everybody can .read it and lQ;I.ow what it is. tion of Delaware. 189.6. CONGRESSIONAL RECORD-SENATE. 3983
I do not think it worth while "to continue further in this line SEC. 6. Each house shall judge of the elections. returns, and qualifications of its own members; and a majority of each sball constitute a quorum to do that has been opened up by Senators on the other side of this ques business; but a smaller number may adjourn from day to day, and shall be tion, because I am quite willing' to rest this case upon what I con authorized to comnel the attendance of absent members in such manner and ceive to be the clear meaning o.fthe constitution of the State. All under such penalties as shall be deemed expedient. we claim is that the provisions of that constitution shall not be SEC. 12.* No senator* or representative* * shall, during* the *time for which* he set aside by the Senate of the United States. All we elaim is that shall have been elected, be appointed to anycivilofficeunderthlsState;which every legislative elect_or sent to the general assembly of the State shall have been created, or theemolumentsofwhlchsballhavebeenincreased, of Delaware by the people of that State shall be allowed to exer during such time. NoJ>erson concerned in any army or navy contracts, nor member of Congress, nor any person holding any oflice under this ~tate, or cise the right and the privilege and the duty that was imposed the Umted States, except the attorney-general, officers usuallyappomted by upon him when he was elected by his constituency~ and it is only tne courts of justice, respactively, attorneys at law, and officers in the mi by depriving one of them of that right and of that commission litia, holding no disquaJifying office, shall, during his continuance in Congress given to him by his constituents that Senators can hope to seat or in office, be a ~Senator or representative. the claimant in this case. M.r. GRAY. Mr. President, I now read from Article III of the Mr. President, I pass for the present the attempt of the majority constitution, which relates to the -executive power: of the Committee on Privileges and Elections to have the Senate of ARTICLE ill. the United States rewrite the constitution of Delaware and assume SECTION 1. The supreme executive power of thB State sha.ll be vested in .a governor. jurisdiction over the qualifications of a member of the Delaware SEc. 2. The governor shall be chosen by the citizens of the State. senate, a jurisdiction belonging exclusively to that body. I ~sh, first, to vindicate the action of Speaker Watson in voting for There is.no suggestion, much less any authorization, in that first United States Senator after he had assumed the exercise of the section, or in any other provision of the constitution, that a governor office of governor; and I do this, not because I believe that this is can be created in any other fa~bion- the tribunal where that vindication shou1d be made, but because The governor shall be chosen by the citizens of the State. his eonduct in the premises has been denounced and unsparingly Snc. 3.* The governor* shall* hold his office* during·~ four years* froni the* third assailed on this floor, and because the interpretation of the consti Tuesday in Ja-nuary next ensuing his election, and shall not be eligible a tution of my State, acquiesced in through a hundred years of its second time to said office. SEc. 4. He shall be at least 30 years of age, and have been a citizen and history, and in accordance with which he acted, can be, as it has inhabitant of the United States twelve years next before the first mBet:i:ngof been, overwhelmingly sustained. the legislature aftel' his election, and the last six of that term an inhabitant I will therefore proceed to state as succinctly a£ possible the of this b'tate, ·unless he shall have been absent on the public business of the propositions of law and fact which support and vindicate the state United States or of this State. SEC. 5. No member of -Con~ess, nor parson holding any office under the ment made by the speake1·of the Delaware senate as presiding offi United States, or tbis State, snail exercise the office of governor. cer in the joint assembly of the legislature on the 9th of May, 1895, * * * * * "' * at the conclusion of the last ballot on that day, when he declared After reading these clauses of the constitution of Delaware there that. no person having received a majority of the votes cast for will be no difficulty in understanding the true bearing of seGtion tJ nited States Senator, there was no election to said office. I may 14, which is the important one in this case. say, in passing, that the statement was made twenty-seven times It provides as follows: by the speaker of the senate of Delaware as presiding officer of the SEC. 14. Upon any vacancy happening in the office of governor by his death, joint assembly, that no person having received a majority ?f an removal, resignation, or inability, the speaker of the senate shall exercise the the votes cast for United States Senator there was no election to office until a governor elected by the people shall be duly qualified. If there be no speaker of the senate, or upon a fm·ther vacancy happening in the office said office, and that no one out of the full membership of tbatassem by his death, removal, resignation, or inability, the speaker of the house of bly ever rose in his seat to suggest, much less to.protest, that that representatives shall exercise the office until a governor elected by the people statement was not literally and accurately true. shall be duly qualified. If the person elected governor shall die, or become disqualified, before the commencement of his teun of office, or shall .refuse to This belongs to the recital of the history of events upon which take the same, the person holding the office shall continue to exercise it until all argument must be founded. These proceedings appear in the a governor shall be elected and du1y qualified. If upon a vacancy happen regular journal of the joint assembly, as attested by the clerk of ing in the office of governor there be no other person who can ex:ercise said the senate, who was the clerk of that joint assembly, and a copy office within the provisions of the constitution, the secretary of state shall exercise th~ same until the next .meeting of the general assembly, who shall of the same apperu.·s as an exhibit in the report of the majority of immediately proceed to elect, by joint ballot of both houses, a p<>Json to ex the committee. ercise the office until a governor. elected by the people, shall be duly quali fied. lf a vacancy occur in the office of go>ernor, or if the governor-elect The parts of the constitution of Delaware with which we are die, or become disqualified, before the commencement of his term, or refuse principally concerned in this discussion are those which I send to take the office, an election for go>ernor shall be held at the next general to the desk and ask the Secretary to read for me. They a;re from election, unless the >acancy happen within six days next _preceding the elec Article II, which treats of legislative power. tion, ex:clusi>e of the day of the happening of the >acancy and the day of the election; in that case, if an election for governor would not have been held The PRESIDING OFFICER (Mr. BUTLER in the chair). The at said election, without the happening of such vac.ancy, no election for gov Secretary will read as requested. ernor shall be held a.t said election in consequence of such vacancy. If the The Secretary read as follows: trial of n. contested election shall continue longer than until the third Tues day of January next ensuing the election of a governor, the governor of the ARTICLEIL last year, or the speaker of the senate, or of the house of representatives, SECTION 1. The legislative power of this State shall be vested in a general who may then be in the exercise of the executive authority, shall continue assembly, which shall consist of a senate and house of representatives. · therein until a determination of such contested election. The governor shall SEc. 2. The representatives shall be chosen [for two years] by the .citizens not be removed from his ofii.ce for inability but with the concurrence of two residing in the several counties. · thirds of a.ll the members of ea.ch branch of the legislature. No person shall be a representative who shall not have attained the age of 24 years, and have been a citizen and inhabitant of the State three years next It is submitted, sir, that an intelligent and careful reading of preceding the .first meeting of the legislatru·e after his election, and the last -these provisions would not leave a doubt of the following propo year of th~ term an inhabitant of the county in which he shall be chosen, sitions: unless he shall have been absent on the public business of the United States or of this State. First. That the scheme of the Delaware constitution provides There shall be seven representatives chosen in each county, until a greater for a governor, to be elected by the people, ill. whom the supreme number of representatives shall by the general assembly oo judged neces executive powe1·s of the State shall be vested, who shall hold his sary; and then, two-thirds of each branch of the legislature concurring, they may by law make provision for increasing.the:ir number. office for a term of four years and have certain prescribed qua.li SEc. 3. The senators shall be chosen for four years by the citizens residing .fications and not be eligible for a second time to the office. in the several counties. Second. That no other than one so elected for the term and No person shall be a senator who sball not have attained to the age of~ years, and have, in the county in which h e shall be chosen, a freehold estate with the qualifications prescribed by the constitution is a governor 1n 200 acres ofland, or an estate in real o"I" personal .property, or in either, of : in the full constitutional sense. the >a.lue of £1,000 at least., and have been a. citizen and inhabitant of the Third. That the framers of that constitution, regarding the State three years next preceding the first meeting of the legislature after his election, and the last year of that term an inhabitant of the county in vicissitudes of human life, have provided in case of the death of a which he shall be chosen, unless he sh&ll have been absent on the public busi governor so elected that the duties of the office shall be discharged ness of the Umted States or of this State. by a person holding a place of high dignity in the legislative There shall be three senators chosen in each county. When a greater num· ber of senators Eha.ll by the general assembly be judged necessary, two· department of the government, to wit, the speaker of the senate, thirds of each branch concurring, they may by law make provision for in who is necessarily a senator elected to 1·epresent one of the coun creasing their number; but the number of senators shall never be greater ties of the State. than one-half nor less than one-third of the number of representatives. Fom·th. That the speaker, upon whom the constitution in such If the office of representative or the office of senator become-vaca-nt before the regular expiration of the term thereof, a representative or a sena-tor a contingency devolves the exercise of the office, exercises a tem shall be elected to fill such vacancy, and shall hold the office for the residue porary and ad interim function lmtil a governor in the full con of said term. stitutional sense can be elected by the people. That he does not When there is a vacancy in either house of the general assembly, and the general assembly is not in session, the governor shall have power to issue a .exercise the office for a full term of four years or for the r-emain writ of election to fill such vacancy; which writ shall be executed as a writ der of the term of the deceased governor: but only until an elec issued by a speaker of either house in case of >acancy. tion for governor can be had; it may be only for a few weeks. Fifth. That the constitution in devolving this temporary ad SEc. 5.* Each house * shall choose* its speaker* and* other officers;* and also* each house, whose speaker shall exercise the oifice of governor, may choose a interim function upon the speaker of the senate has not provided speaker pro tempore. that thereby such speaker .shall vacate the place of a senator from 3984 CONGRESSIONAL RECORD-SENATE. APRIL 15, the county to which he was elected. And the whole scheme of are told that those men, confronted with that situation, were the constitution negatives any implication of the intent to create willing that the vacancy should go unprovided for, and never such a vacancy. wrote one line to show that they recognized that vacancy much The speaker of the senate in such cases is a guardian of the less to provide for filling it. ' gubernatorial office, like the civil law term in loco parentis-in I am here to defend my State from the imputation of ever hav loco gubernatoris-custos; like the great seal, being "in commis ing had a constitutional convention composed of men so fatuous sion" when there is no chancellor. so unfitted for the high duty they were called upon to perform' Those are cases which seem to me analogous and most like the that when confronted with an exigency like that they did not provision that is made by the Delaware constitution for the con have intelligence enough to deal with it. Oh, no, Mr. President; tingency of the death of a governor elected by the people. All of I said it was inconceivable. So it is. When they said that the these exercises of authority are well understood and well known duties of this ?ffice shall devolve. upon the senator who happens as not conferring either the rank or the power or the substance of to be speaker It never entered their heads that they were vacating the office, but are stop-gaps; they are made for a temporary emer the office of senator from one of the counties, or else we know that gency, which it was thought best should be provided for in order they would have provided for the filling of that vacancy. that the machinery of government might not break down. It We might stop and leave the case here, taking the plain lan does not require any refined exegesis to explain that to the plain guage of the constitution in section 14, which says: people of the State for whom constitutions are made. They can Uponanyvacancyhappeningin the office of governor, byhlsdea.th * * • understand that one officer may, upon a temporary emergency, the speaker of the senate shall exercise the office until a governor elected by exercise the duties of another office without stepping into the the people shall be duly qualified. shoes of that officer, or being or becoming the officer whose duties We might stop there, with not a word in the section or in the he is performing. It is a thing which belongs to the common constitution about the effect of that provision upon the representa affairs of everyday life, and when the constitution makers of tjon of a county in the senate, not a suggestion that a vacancy Delaware framed this provision to meet a temporary emergency was ever contemplated, and say we will not do violence to common they knew that they were speaking to people who would under sense, to the rights of the people of a sovereign State, by here in stand the machinery that had been provided to meet the case that the Senate of the United States undertaking, under our power to was described. judge of the qualifications and elections of a Senator of this body, It is inconceivable that intelligent men, engaged in the serious to unseat a senator or vacate a place in the senate of Delaware. busine-s of framing the organic law of a State, should have neg Mr. MILLS. May I ask the Senator from Delaware a question? lected to expressly declare and provide for a vacancy in the rep Mr. GRAY. Certainly. resentation in the senate from a county, if one was intended or Mr. MILLS. Suppose the office of governor should have been contemplated, when the speaker of the senate should exercise the cast upon the speaker of the house of representatives, as is con office of governor upon the happening of a contingency for which tended for, and then an election should be ordered for governor thei; were then providing. Think of it for a moment, Mr. Presi of the State and a governor elected in accordance with the con dent! Here were presumably intelligent men, selected from the stitution; would the speaker then be out of office? • body of the citizenship of the State, a State that has proved its Mr. GRAY. Certainly. · As soon as the governor is qualified capacity for self-government through a hundred years of Ameri the speaker would cease, in the language of the constitution, the can history, and the~e men, thus selected to make a framework exercise of the office of governor. of governnient, after providing for the deposit of executive power, Mr. MILLS. He would not be speaker? He would have lost and coming to the obvious suggestion that there might be by his office as speaker entirely? resignation, death, or removal a temporary vacancy in the office Mr. GRAY. :tfe would not have lost his office as speaker or of governor, proceed to provide for that contingency. And they senator. I will come to that point presently. The practice for do provide for it, not by leaving the office vacant for a time, how one hundred years tmder the preceding constitution, which was ever sliort, for they knew that the inconveniences of having an precisely similar, has been that he resumed his place. absolutely vacant office, or having no one to exercise the execu Mr. MILLS. I think the word' • until" would imply that he did. tive power when it should be necessary to exercise it, would be Mr. GRAY. I think so. I do not think there is any other con great, but they said that, although we have provided that the struction to be put upon it. governor shall be elected by the people, or chosen ty the people, We are not to make pawns of the rights of the citizens of a State as is the more apt phrase of the constitution, and in him all execu upon the political chessboard. We are not to gamble away the tive power is lodged, yet if during his term he dies or is removed rights of great communities, and to stultify our own common sense or is unable to perform the duties of his office, then until we can in order to accomplish a predetermined purpose or end. Consti have another governor elected by the people we will take the tutions, as I said a while ago, are made for the plain people of a obvious, common-sense, businesslike procedure of devolving the State. They were meant to be interpreted by those plain rules duties of that office upon' a man already elected by the people and which govern the meaning of the English language, in which they promoted to a high and dignified office, to wit, the speakership of are written, and it will not do h&e in thjs high place by argu the senate of the State, and say that he shall exercise it for what mentation, by dialectics, by refined and subtle reasoning to reason time? For the balance of the term? No; but until the people away the plain, obvious, common-sense meaning of these great shall elect a governor and he qualifies. charters, and leave the people dazed and amazed at the conse Mr. President, is there anything remarkable about that? Is quences of what they themselves have done. there anything to justify the epithet of " anomalous" applied to They had provided that each county should have three senators, it by the Senator from New Hampshire [Mr. CHANDLER] yester and they had provided that all vacancies should be immediately day afternoon? Imagine that having done that, these framers of and without delay.filled by a special election. They recognized the organic law of Delaware, having devolved that duty upon the the serious consequences of a vacancy in the representation of a speaker of the senate of Delaware as a stop-gap, should have been county. Did they intend to create a vacancy of which they did confronted with the suggestion" you have probably made a va not speak, or leave it, as the chairman of the Committee on Privi cancy in the office or position or place of representative in the leges and Elections says: an open question whether there was a senate from Kent County, or Newcastle, or Sussex," and they vacancy or not, to be determined by the casuistry of lawyers and said, as the Senator from Oregon in effect declares they said, United Statea Senators? "Oh, well; let it go; we will leave it open for construction One of the most remarkable of all the remarkable and ingenious when the occasion arises." Or suppose they had been told that arguments that have been made in this case on behalf of the claim "there was an American system, an American common law" ant was made by his counsel before the committee and indorsed that was so binding, that was sowell understood, so all-pervasive, by the chairman of the committee when he says: that of its own force it would work a vacancy, as was said by the The true construction- Senator from New Hampshire yesterday. If there was such a As if this section wanted any construction in the sense in which law, as claimed by the Senator from New Hampshire, we must they are speaking here- presume that those framers of the constitution of Delaware un The true construction of this section is not that it is optional with the derstood it as well as he, that John M. Clayton, George Read, speaker, either of the oenate or of the house, while exercising the office of gov James Rogers, Willard Hall, and Charles Polk, and their col ernor also to perform the functions of speaker and senator or representa. tiveilbut that when the speaker shall exercise the office of governor the house leagues knew as much about the American system as even the sha have authority to choose another speaker. distinguished Senator from New Hampshire. Yet we are asked by the distinguished Senator to believe that when these men were He is alluding now to an interpretation of that clause in the con confronted with this American doctrine which is said created a stitution which says that when the speaker of the senate shall vacancy in the representation from a county, depriving the con exercise the office of governor the senate may elect a speaker pro stituency of one-third of its representation, they said, "We will tempore. not provide for it; let it go; let one-third of the people of that This- county go unrepresented." Vacancy in the representation of a Says the counsel- county where there are only three to represent it is about as im leaves it open for construction when occasion arises to determine whether or not by becoming governor the speaker thereby vacates his offices of senator portant a matter as a vacancy in the Executive office, and yet we and speaker. · · 1896. CONGRESSIONAL RECORD-SENATE. 3985
Is it worth while to pursue further an argument which has been governor. That was the burden of his argument. It was insisted driven into that corner, that here a solemn provision of the con upon by the Senator from Oregon [Mr. MITCHELL], the chairman stitution of a State is said not to be amenable to the plain, obvious of the committee; it was dwelt upon by the Senator from Utah construction which it bears upon its face, but the true construc rMr. BROWN] and by the Senator from North Carolina [Mr. tion is that it is left open when occasion arises to determine PRITCHARD]. The framers of the constitution could make just whether or not by becoming governor the speaker thereby vacates such provision as they pleased. They could say that the speaker his office of senator and speaker? As though constitutions were of the senate '' shall be governor" or ''shall become governor " made in order to raise questions, moot questions, to exercise the upon the happening of this contingency; but they did not say it. wit and ingenuity of lawyers, and not made for the government of The Senator from Mississippi [Mr. GEORGE] has shown in his in a plain, honest, and intelligent people. He says the true construc teresting and exhaustive argument that they knew the English tion is that it is left open for determination when the occasion language and they knew how to say ''become " and '' be" when arises. they wanted to say ''become" and ''be." But they did not say it Mr. GEORGE. That would mean that those who were the here. What are you going to do about it? They have chosen to framers of the constitution refused to do so and left it to their make a distinction between being governor and exercising the successors in after years to frame it for them . . office of governor, and who shall say them nay? Do you deny the Mr. GRAY. Certainly. Tb.at. is what it means, that they were power to make that distinction? Do you deny to the people of a derelict in their high duty ot framing the organic law of the State in framing their organic law the right to use such language State, but in this important particular left it open for future de as expresses their intent? You say they said he shall become gov termination when the occasion arises; borrowing trouble from the ernor, but when we turn to the constitution we find that it says future; going to seek it, instead of quietly-by a plain, simple pro the speaker in such contingency shall exercise the office of gov vision-setting all question at rest. ernor. No such absurd argument, I say with all due respect to the com Mr. MITCHELL of Oregon, Will the Senator from Delaware mittee, was ever before made in regard to the interpretation of allow me? any constitution of a free State. Mr. GRAY. Certainly. Mr. PUGH. What reason can be imagined for leaving it open? Mr. MITCHELL of Oregon. The provision in the Constitution Mr. GRAY. Nothing we can suppose, except to gratify those of the United States with respect to the Vice-President does not who delight in the display of ingenious and refined argument. say that the Vice-President shall become the President, and yet That way of looking at this provision has done this, I grant you. would the Senator from Delaware contend that the Vice-President It has given to us the pleasure of seeing the most remarkable does not become the President of the United States to all intents exhibition of the ability and ingenuity and dialectical skill of the and purposes in the event of a vacancy? chairman of the Committee on Privileges and Elections. But if Mr._GRAY. We are not discussing the Constitution of the there is any other conceivable purpose for which they should have United States at the present moment; at least I am not. But if adopted an interpretation which Senators solemnly say they did it were necessary, and I may have something to say about it be adopt,"that is, the open construction theory, I am not competent fore I conclude, to take up the line of argument suggested by the to imagine it. Senator from Oregon, I would merely suggest to him that it has According to the other side these men were engaged in making been a matter of considerable difficulty with jurists in this coun a provision for the given contingency of the death of the governor, try wherever it has been discussed whether he became President by compelling a senator temporarily to exercise the office, yet or was acting President, and I think that the weight of authority they either did not know that their action was creating an almost and opinion, as far as I am able to estimate it, is on the side of con equally important vacancy in the representation of a county, or sidering the Vice-President in that event as acting President, just if they knew it they did not consider it a matter grave enough to as the Constitution describes him, and not as President. However mention and pt·ovide for or even to allude to. We do not believe that may be~ we are discussing the constitution of Delaware and it. No argumentation can convince a reasonable man that either not the Constitution of the United State.'>, and I will say that any alternative was true. On the contrary, the express language of one who reads that constitution will agree with the Senator from the constitution tells us that they did have in mind and did con Indiana (Mr. TURPIE], and I take pride in saying it, that its lan template the consequences and possible effect of what they were guage, its style, its verbiage, and the knowledge it implies of the doing, for it says that each house whose speaker shall exercise use of words and the force of language are equal to that displayed the office of governor-may elect another senator in his place? in the Constitution of the United States. No-but may choose a speaker pro tempore. Of course there is no limit to the exercise of the human intellect. The framers of the constitution thereby declared, not only by Ingenuity, dialectical skill, from the time of the scholiasts t.o the their silence but expressly, that the exercise of the office of gov time of the Senator from Oregon, has been employed to ''make the ernor by a senator in the contingency provided for should not worse appear the better reason." There is no human language work a yacancy in the representation of any county in the senate. that can be employed, however plain and direct, which, when sub The whole scheme of the constitution is in harmony with this jected to this sort of intellectual exercise, can not be made to ere plain meaning and construction. Could anything more clearly ate at least conundrums and puzzles for the ingenious and skillful. show that they knew what they were doing? Here they were But, Mr. President, we are here exercising the high judicial func providing for the consequences of imposing the duty of exercising tion imposed upon us by the Constitution of the United States, the office of governor on a senator. How did they do it? By pro and it has been over and over again declared in this body and in viding for a vacancy or suspension? No. But by a provision every other tribunal which has been called upon to consider such that negatived a vacancy or suspension. questions that when you are called upon to construe a statute, Mr. President, imagine, if such a feat of imagination were much more the organic law of a State, "words are things," and possible, that here, when they had ordained that in the event of that the plain, obvious meaning of the English language employed the death of the governor the speaker of the senate should exer in setting down the landmarks of a State's government shall not cise the office until a governor could be elected by the people, and be tortured or twisted or strained out of their natural and ordi that immediately thereafter they had said when the speaker of the nary meaning in order to make occasion for the exploitation of senate or of the house shall exercise the office of governor either the skill of the particular expounder, and that where words are house may elect a speaker pro tempore-imagine any one getting up used ex industria they are to be taken as meaning something, and in the convention and· saying we have adopted this provision for that where one word or set of words is used in contradistinction the temporary exercise of the office of governor and we have pro or in apposition to another there is mea.nt to be a clear line of vided that when the speaker is in the exercise of the office of gov demarcation between them, and you are not at liberty to disregard ornor a speaker pro tempore may be elected by the senate or that use of language. the house, as the case may be; but there is an American law, to The constitution does not make the speaker of the senate gov use the phrase of the Senator from New Hampshire rMr. CHAND ernor. It does not say that in a certain contingency he shall be LER], which provides that whenever a legislative officer is called governor, but it everywhere keeps separate and distinct the gov upon to exercise executive duties he shall vacate his legislative place. ernor elected by the people from one who on the death of the gov Imagine, then, that they, by silence or by express assent, go on ernor exercises the office temporarily and ad interim. It is all with their work on other branches of the constitution without a well enough to say that they mean the same thing, and that the syllable to show that they either recognized that American public governmental machine runs along when somebody is exercising law, as it is called, or attempted to provide for the consequences the office, but it will not do to disregard the plain distinction that it m]ght work. the framers of the constitution chose to make between the two. The constitution does not make the speaker of the senate gov Nowhere in the constitution where it is necessary to speak of such ernor, and if I understood aright the exceedingly able and inter a person is he spoken. of as governor, but he always is called esting argument of my friend the Senator from 1\lichigan [:Mr. by the long and more inconvenient locution of speaker of the BuRRowsl, the whole force of what he said was directed during senate or house exercising the office of governor. Does that mean the hour that he spoke to show that when the constitution did say nothing? that the speaker of the senate shall in the contingency of the When speaking of this man after the duties have been de· death of the governor exercise the office of governor it made him volved upon him, not when they are making the provision which XXVIII-250 3986 CONGRESSIONAL RECORD-SENATE. APRIL 15, devolved the duties upon him, they always speakof himasspeaker Mr. :MITCHELL of Oregon. I think it is very important. of the house or of the senate exercising the office of governor. Mr. GRAY. I do not think it is important. I do not think it Why did they not say "governor "? They could have said it. It has any materiality here at all. is shorter, less roundabout. l'th. President, there is a difference which the· common mind Mr. GEORGE. Because they did not want him to be governor. recognizes bet:veet;~- the o:f:Ji!;er full panoplied with all the dignity Mr. GRAY. They had a purpose. They chose to distinguish that the constitution ?rdamed by the people can give him and them, and they had a right to distinguish them. the one who temporarily performs the duty when he is unable or Article ill, section 1, says: when God has smitten him with death. Is there no difference The supreme executive powers of the State shall be vested between the chancellor of England and the commission who holds Where? the seal? Is there no difference between the custodian of the in a go-vernor. property and rights appointed when the proper owner is dead and Section 2 says: that pToper owner? Js it not ~ common di~tinction everywhere The go-vernor shall be chosen by the citizens of the State. that the one stands 1n a relation temporarily, as I said a while A governor in the full constitutional sense must, as I have before ago, where a man stands in loco parentis( Is the guardian said, be elected by the people. · the father becaus~ I?-e e~er~is~s the duties of natural parent? Section 3 of this article says: Not at ~II. The distmction .IS 1mportant. We do not choose in The go-vernor shall hold his office during four years. D~laware to invest this temporary stop-gap with the dignity and "The speaker of the senate," says section 14, "when there is a Wlth the.sup;,eme power of governor elected by the people. We vacancy in the office of governor," shall exercise the office until .a say to h1m, We want you and command you to exercise the governor elected by the people shall be duly qualified. duties when this visitation of Providence has come and taken Mr. MITCHELL of Oregon. Would it disturb the Senator our g?vernor away until we can el~ct a governor, one who shall from Delaware if I ask him a question right here? exerCise the office of governor until a governor is elected by the Mr. GRAY. Not at all. people." Mr. MITCHELL of Oregon. Perhaps I should like to ask two There is where they make the distinctio-n in the .first place. and questions. The first one is this: Is there any one function that a it runs all through the constitution. I am here to show that the governor elected by the people of Delaware can exercise w hi.Jh Senate of the United States has no right in the exercise of the can not be exercised by the person who as speaker of the senate powers-conferred upon it by the Constitution of the United States succeeds to the exercise of the office of governor, or is there any to ignore that distinction. It has no right to invade a State and ! was about to say penalty, and I will sayit-penaltyto which the override its constitution according to its notions of what that .con governor elected by the people of the State is subject or may be sti.tution o~ght ~o ~· It may be that the Senator of New Ramp~ subject to which the speaker of the senate who succeeds to the shire was nght m. hiS learned argument and the distinction he exercise of the office of governor is not subject? That is the made between l~gi~tive powers and ~xecutive powers. It ought question. always to be mamtamed after the stnctest fashion. But .can we Mr. GRAY. Is that the whole of it? impose that upon a State? No; we are here to recognize the peo Mr. MITCHELL of Oregon. That is all of this question. ple ~f the Sta~ a~d the organ_ic law that they ordain as equal an Mr. GRAY. There it is again. The constitution of Delaware thonty and bmding force Wlth the Constitution of the United or its framers have seen fit clearly to distinguish between the gov States. It is part of our scheme of government. The Oonsti ernor, who they say shall be chosen by the people for four years, tutio~ of the United States recognizes it. The preservation of and the speaker of the senate, who in a given contingency shall the ~"lghts of the States is just as important to the integrity of the exercise the office.of governor. They have chosen to do it; they National Government as the enforcement of the provisions of the have continued that distinction all through the constitution; and N a tiona! Constitution itself~ yet the Senator comes heTe and says that it means the-same thing What is our scheme of government? It is a dual scheme. That as "be" or "becom.e" governor, because the person who thus is recognized everywhere. It is just as much our business to pre exercises the office performs every duty that is imposed upon the serve that ~ual scheme in ~II its integrity, it is just as much our' governor. .That may be, but in between the performance of those duty to be Jealous of the rights and powers of the States as it is duties I take it he is not governor, nor is he governor when he is that we should keep ourselves within proper observan~ of the pe1'forming them, but he is th~ person whom the constitution provisions of the Constitution of the United States. You can not directs to perform them. get away from it. That is the American doctl·ine. That is the They have seen fit to make that.distinction, and yet the Senator atmosphere we breathe, and we can not live as American citizens from Oregon says they had no right to make it. He says it means out of that atmosphere. something else; it means that he shall be governor-just a.s the Mr. President, I was speaking, when I was interrupted, of the people of Pennsylvania after having a constitution such as we distinction the constitution of Delaware has seen fit to make in have, acting upon it as we ha~e in the State of Delaware, w'i~en the very beginning between a governor elected: by the people and a they came to amend their constitution said the speaker of the speaker of the senate or house who shall on a given contlngency senate in that contingency shall become governor. They had a ex;e1:cise that o:ffi.c~. The governor elected by the people is not right to say it, to make the distinction. ehgJ..ble a second time to the office; but a senator who exercises Mr. :MITCHELL of Oregon. That was a very long answer to the office may be elected at the next or any subsequent election. a-question that might have been answered yes or no. That is a pretty considerable difference between the one who Mr. GRAY. I am not here when I am making my argument to exe1·cises the office and the one who is really the governor. be catechised categorically by the Senator, to answer yes or no. Mr. CHANDLER. It is a difference of function or of power, Mr. MITCHELL of Oregon. Certainly not. Then do I under the Senator from Delaware will allow me to say. stand th.e Senator from Delaware to admit in substance and Mr. GRAY. The-constitution says that- effect that there is not a single function which the go-vernor of . The governor shall ~old ~ offic~ during four years fr~.the third Tuesday Delaware elected by the people can exercise but can be exercised : ~l~.u;g:.ext ensumg his election, a.nd shall not be eligible a. second time and is exercised by the speaker of the senate who succeeds to the exercise of the office of governor? Mr. GRAY. I do not admit it. I saythat the speaker who ex But a senator who exe1·cises the office may be elected, as I said, ercises the offiqe undoubtedly performs the duties that are imposed at the next or any subsequent election. Tne Senator from Oregon upon the governor. That is what I say, and I do not choose to says that on a vacancy happening in the office of govm-nor all the put my answer in any different form from that. constitution does is to make the speaker "eligible" to the office Mr. MITCHELL of Oregon. Very well. Now, one other ques of governor, and if he does not waive it he becomes governor. tion bearing on the same point. Does the Senator from Delaware The constitution says that when there is a vacancy by reasori regard that there is any difference at all in the character of the of death in the office of governor the speaker of the senate person (call him governor or what you please, that is his official "shall" exercise the duties of the office, but the Senator says, and character) who is the speaker of the senate and who succeeds to I repeat, that when a vacancy happens in the office of governor all the exercise of the office of governor and the person who may be, the constitution does is to make the speaker "eligible." What is under certain circumstances, elected by the legislature to exercise the meaning of "eligible" in the clause "eligible to the office"? the office of governor until a governor elected by the people shall Why, capable of being chosen. But the constitution says he be duly qualified? "shall exercise the office." It is mandatory. He can not get Mr. GRAY. I do not know, Mr. President- away from it. It is not for him to accept. It is just as much a Mr. MITCHELL of Oregon. In the one case an official is taken part of his duty as senator and speaker as it is to attend on the and in the other case a person :iB taken, not an official. Do they sessions of the senate and perform his duty to his constituency occupy any different position? . when there. Mr. GRAY. I do not know, and if the Senator from Oregon Mr. MILLS. T.he governor, they contend, can be governor half ·- will excuse me, I do not think it necessary to answer that conun a dozen times. drum. I am not prepared to answer. I have not thought much Mr. GRAY. Yes, but the Senator from Oregon disregards of it, but I have my view of it. this peremptory and imperative command, ''shall exercise the 1896. CONGRESSIONAL RECORD-SENATE. 3987
office," and merely makes the speaker eligible to the office of The PRESIDING OFFICER. Is there objection? The Chair governor. hea1·s none, and it is so ordered. Now, look at what violence they have to do to the text of the .. Mr. VILAS. The unfinished business is laid aside simply that constitution m order to accomplish that result. We read it as it the Senator from Delaware may finish his remarks? is and take the plain common-sense interpretation. They say The PRESIDING OFFICER. It is laid aside temporarily. that they brush aside this clear command that the speakm· " shall Mr. GRAY. Now, let me read again~ What are you going to exercise the office" in a given contingency, and it only means-I do with this language? Will they say that it does not mean any quote the language of the Senator again-" that the speaker shall thing? Of course it is possible to say so, but the language will re be eligible to the office of governor." If he does not waive it and main whatever you say about it. The constitution will remain as voluntarily takes the oath: of office he becomes governor. theiJeople of Delaware made it. Whether the Senator from Oregon 1\fr. President, does not the statement itself of that position re or t'Q,e Senator from New Hampshire says that it means nothing, fute it? How can you make it any plainer that they are talking it will remain there t<> be construed by lawyers and by sensible about a thing outside of the constitution of Delaware, and that we people as long as the people of Delaware choose to have it remain. are arguing upon what we find within its four corners? That is Let me read it again: all there is about it. They are, as the Senator from 1\lississippi If the trial of a contested election sha.ll continue longer than until the third said, striking out and inserting. We are taking the text as it Tuesday of January next ensuing the election of a governor, the governor of the last year, or the speaker of the senate or of the bouse of representatives, came from the representatives of the sovereign people and giving who may then he in the exercise of the executive authority, sha.ll continue effect to the plain language that they have used. ThB governor therein until a determination of such contested election. must" be at least 30 years of age," but the senator who exercises the office may be less than 30 years old. The governor must be Certainly the framers of the constitution of Delaware, accord "a citizen and inhabitant of the United States twelve years next ing to the-contention of the learned and distinguished Senators on before the first meeting of the legislature after his election," but the other side of this question, took a great deal of pains for noth a senator exercising the office need only be " a citizen and inhabit ing. They certainly made a futile dalliance with the English lan ant of the State three years." IS there no difference between the guage when they, all through the provisions in that respect, so two? carefully distinguished between the person whom they set up in a Mr. CALL. I should like to ask the Senator from Delaware a democratic government as the one depository of the executive, question. power, the man elected by the people, and distinguished him all Mr. GRAY. Certainly. through from the temporary exercise of that power, the mere l\Ir. CALL. I ask him if the speaker should resign his office as stop-gap to prevent the machinery of the government falling into senator and speaker what would become of the governor? Would desuetude, to the inconvenience and detriment of-the people. he be governor under that language of the constitution? But that is not all. The ·second clause of section 14 of Article J\Ir. GRAY. · The Senator from Massachusetts argued that case II of the constitution reads as follows: at considerable length and made a most interesting exposition of If there be no speaker of the senate, or upon a further vacancy happening in the office by his death, removal, resignation, or inability, the speaker or his view of a similar situation in rega;rd to the President pro the house of re-presentatives shall exercise the office, etc. tempore of the Senate exercising the office of President, or acting Here is a clea.r reference the speaker of the senate exercising 3.'3 President, whatever the language may be. He sa,id that every. to time the President pro tempore resigned or was removed and the office of governor as still being the speaker of the senate. It another put in there would be a new man to act as President. refers to a vacancy happening by his death, etc.-that is, the But there was one point that I had overlooked. I was speaking speaker's death. The pronoun "his" stands for no other noun of the distmction, made by the constitution and carried through all than the speaker of the senate just referred to. its provisions, between a governor elected by the people and the So we find the constitution is consistent throughout with the speaker, who temporarily exercises the office. I would not dwell intent so clearly expressed at first. Different language could have UIJon it except that it seems to be the burden of the argument upon easily been employed if a different intent had existed. the other side. Certainly it was the sole burden of the argument The temporary and provisional character of the arrangement of the Senator from New Hampshixe. Of q_ourse he considers it made by the constitution in case of the death of the governor is important that the speaker, when he exercised the ofijce, actually apparent from even the most cursory consideration of the sections became governor and there was no distinction between him and relating to this subject-matter, and which I have read in the hear the governor elected by the people. ing of the Senate. But the Senator from Oregon,and the counsel . In section 14 they commence by saying that- for Mr. DuPont, saytha,t section 12 of Article II of the Delaware constitution expressly prohibits Mr. Watson from acting as The speaker of the senate shall exercise the office until the governor elected by the people shall be duly qualified. senator. That section is as follows: No person concerned in any army or navy contracts, nor member of Con They also say in section 5 of Article IT that- gress, nor any person holding any office under this State or the United Each house shall choose its spes.ker and other officers; and also each h"Ouse, ~tates, except the attorney-general, officers usua.l1y appointed b7, the courts whose speaker shall exercise the office of governor, may choose a speaker pro of justic~\~~~ectively, attorneys at iaw, and officers in th-e rrnlitia., holding t-empore. no disquu.rn)'ing office, shall, during his continuance in Cong1·ess or in office, be a senator or representative. Why did not the framers of the constitution say, if what the Sen That is section 12 of Article II. ator from Oregon says be true, that each house whose speaker shall It is 'Obvious., however, that this section is prescribing disquali become governor shall choose a speaker. But they seem to have fications for senators and representatives generally whether as understood what they were about, and knew how to use proper concerns their eligibility or their status after election, and can language when they wished to make a discriminative use of it.. have no application to a subsequent and particular provision of Why did they say, ''Each house whose speaker shall exercise the the constitution expressly commanding that in a certain contin office of governor may choose a speaker pro tempore"? gency the executive duties shall devolve upon the speaker of the Mr. MILLS. A speaker pro tempore is chosen temporarily. senate. That was section 12of Article II, and section 14of Arti-cle Mr. GRAY. Certainly. They go further on and say: ill. A subsequent proYision says: If the trial of a contested election shall continue longer than until th-e third Upon any vacancy happening, etc., the speaker of the senate shall exercise Tuesday of January next ensuing the election of a governor, the governor of the office until a governor elected by the people shall be· duly qualified. the last year- it Common sense as well as the common law of statutory construc That is, the governor elected by the people; can not be any tion have approved the rule universally recognized, which I will body else- read. That rule is as follows: or the speaker of the senate or of the house of re-presentatives who may then be in the exercise of the executive authority shall continue therein untril a de· Where there are words expressive of a general intention and then of a par termination of such contested election. ticular intention incompatible with it, th(' particular must be taken as an exception to the general, and so all the parts of the aot will stand; and, as a Mr. President, what is to be said about a contention that there broad proposition, general wo:Nis in one cause may be restrained by the par is no distinction in the constitution of Delaware between the ticular words in a subsequent clause of the same statute. office of governor and the exercise by the speaker of the se:nate of Mr. President, that is only the enunciation by an authoritative that office? law writer of one of those rules of the human intellect which The PRESIDING OFFICER (Mr. BUTLER in the chair). The must govern the interpretation of all written instruments, consti Senator from Delaware will suspend. The hour of 2 o'clock hav tutions, statutes, o1· whatever they may be, that where a general ing arrived, the·Chair lays before the Senate the unfinished busi proposition is made and a particular one inconsistent with it is ness, which will be stated. made, the particular proposition is an exception to the general The SECRETARY. A joint resolution (S. R. 102) directing the one. That is all there is about it. It is applied every day. You Secretary of the Interior to open for public entry all that certain can not construe a contract or a law, and, as my friend from Mis part of the public domain in' the State of Utah known as the Un sissippi [1\lr. GEORGEl said the other day, you could not construe compahgre Indian Reservation. the Bible or the Ten Commandments unless you applied this law Mr. MILLS. I ask that the unfinished business be laid aside, of construction, which, as I said awhile ago, is a law of the human in order that the Senator from Delaware .may proceed with his reason. It is a law governing the prooes es of the human intel remarks. lect. You can not proceed one step in any intellectual process of 3988 CONGRESSIONAL RECORD-SENATE. APRIL 15,
interpretation of a written instrument without applying it. So "You can waive it if yon please, •· says the constitution in legal e:ffect you must read that provision of the constitution which says he I am quoting now from the Senator from Oregon- shall exercise the office as senator as an exception out of the gen-• " ~.d ~~>ntinue to be senator and spe?-ker of tpe senate, notwithstanding your eral prohibition, if that prohibition applies at all in the language eligibility to become governor, notWithstanding you hold the preference right which preceded it. It would read tills way: over every other citizen of the State of Delaware to become governor; but it you avail yourself of this preference right givenJou by the constitution, and No person concerned in any army or navy contracts, and no person holding take the gubernatorial oath, and enter voluntar· y, as you must if you enter any office under this State, shall be a senator or representative, but upon a at all, upon the exercise of the office of governor, then, that moment, you vacancy happening in the office of governor by death, etc., the speaker of the cease to be senator, your right to exercise the functions of either senator or senate shall exercise the office of governor. speaker of the senate is at once gone, or at }east held in abeyance and sus That is all there is about it. You can not read it any other way. pended so long as you continue to exercise the office of governor." You can not get away from that mode of construction. Other :Mr. President, that long-winded paraphrase is what the Sena wise the constitution would come to a halt. There would be a tor from Oregon thinks necessary to substitute for the plain com deadlock in the intellectual process of interpretation which could mand of the constitution of Delaware, the plain English, that in not be got over. The Senators on the other side, as well as the a given contingency the speaker of the senate shall exercise the counsel for the claimant, recognize that difficulty, and they pro office of governor. ceed not to deny it, for they can not deny it, but proceed to work Mr. MILLS. Suppose he refuse to do it, thEm what? around it. · . Mr. GRAY. I do not know what, Mr. President. In all human Section 12 of Article II was intended to apply to a class of dis institutions you come at the last analysis to some point where the qualifying offices very different from the functions imposed upon vital force of the machine of government depends upon human the speaker of the senate by section 14 of Article III. But if this will and upon the recognition of human character. Suppose a were not so the. particular provision of section 14 of Article III State should refuse to send Senators to represent it in this Cham would have to be read as an exception out of the preceding general ber; suppose the President of the United States after his election provision of section 12 of Article II. So also of section 5 of Article should refuse to act. So we come down in all free governments ill, which is as follows: to the postulate at last that we have to depend-and that depend No member of Congress, nor person holding any office under the United ence has never, thank God, been mistaken or betrayed-we have States, or this State, shall exercise the office of governor. to depend on the patriotic impulse of men of our race and blood The subsequent particular provision of section 14 must be read to do the duty that is before them. · · with it as an exception to the generality of this language, even if Mr. MILLS. The Senator misunderstood my question. I meant a State senator may be said to hold an office under the State in the to say that the framers of the constitution of Delaware did not meaning of that provision of the constitution. leave that question to be determined by the volition of the sneaker. As I said, the Senator from Oregon and the Senator from New Mr. GRAY. Certainly not. I did misapprehend the Senator. Hampshire and the Senator from Michigan are lawyers of too 1\fr. MILLS. They made a command upon him. great experience and too much learning and ability to deny this Mr. GRAY. Yes. plain proposition. But how do they seek to evade it? The Sen Mr. MILLS. They imposed a duty on him. . ator from Oregon gets around it in this way. He says: Mr. GRAY. They imposed a duty on him to prevent the exist Twice over, therefore, does the fundamental law of Delaware declare in ence of an interre~um, and certainly where the Senator from the most express and positive terms that the dual function of senator and Oregon says, "You can avail yourself of this right or not at your executive shall not be exercised simultaneously by the same person. own option," the constitution of the State uses the imperative lan I only pause to say that the fundamental law' of Delaware does guage of command, " You shall exercise that office." not, with all due respect to the Senator from Oregon, do anything In criticising this paraphrase of the constitution made by the of the kind. It says nothing about the exercise simultaneously of Senator from Oregon I do it with entire respect, because it was the two offices, but it says that persons holding certain offices or absolutely necessary that he should paraphrase it in order to make • concerned in certain contracts shall not be senators or representa one premise of his argument which would lead to the conclusion tives. that Mr. DuPont was elected.. Unless he reads it in that fashion That constitution-and I come now to the point of the Senator from Dela and does that violence to the text and plain spirit of the constitu ware-says to each and every citizen of Delaware, in substance and legal tion he can not arrive at the goal that he set out to reach. effect- 1\fr. President, another thing: The Senator from Oregon puts You see the Senator from Oregon can not trust himself to em this long paragraph in quotation marks, thereby showing that that bark upon the yeasty waves of this debate upon a craft made out is his interpretation of this provision of the constitution. He has of the plain language of the constitution. He has to create a con forty lines where the constitution has three to express that mean stitution for himself. He states that the constitution of Delaware ing. Let me read again what the Senator says that the constitu says- tion of Delaware says to the speaker: to each and every citizen of Delaware, in substance and legal effect, in the U you avail yourself of. this preference right given Y,OU by the constitution most emphatic and une9_uivocal manner: "You can not exercise the office of and take the gubernatona.l oath itnd enter voluntarily, as you must if you governor while you contmuetoexercise the office of senator; neither can you enter at all, upon the exercise of the office of governor, then that moment exercise the office of senator while you continue to exercise the office of you cease to be senator. governor." It declares in legal effect to the person who is speaker of the Senate- All through the argument the Senator from Oregon, the Senator from Michigan, and the Senator from North Carolina have laid Now, in quotation, this is his reading of that plain provision of great stress upon the taking of the gubernatorial oath. As soon the constitution which says that when the governor dies the as you take the gubernatorial oath, says the Senator from Oregon, speaker of the senate shall exercise the office until the governor then you vacate your office as senator. There is no provision in shall be elected. The Senator from Oregon proceeds: the constitution that the speaker of the senate shall take any oath You, in a. certain contingency-that is in case of the death, removal, resig nation, or inability of the governor elected by the people-have a preference on entering on the exercise of the office of governor. It is true he right over every other citizen of the State to become governor and exercise took one, and it has been the custom on such occasions to take the that office, a ri~ht, however, you can avail yourself of or not at your own oath, but there is no prescription of an oath for the speaker of the option. There lS nothing compulsory connected with it. senate when he assumes the exercise of the office of governor; there The Senator from Oregon puts that in quotations as his inter is no line of demarcation between his office of speaker and his ex pretation of that plain command in the constitution to the speaker ercise of the office of governor created by the imposition or pre of the senate-that in a given contingency you shall exercise the scription of an oath. The taking of the oath was voluntary. It office of governor," you have a preference right." He changes has become a custom, I grant you, but it has no effect upon this the duty imposed by the constitution into a right personal to the argument, it has nothing more to do with the status of the man speaker and to the senator. He makes this devolution of these who exercises the office of governor than if he had chosen to sub hlgh duties a privilege belonging to the speakership of the senate, mit himself to baptism by immersion before he undertook to exer instead of the imposition of a great and important duty in the cise the office of governor. It may have added to the dignity of event described in the constitution. A "preference right"; the the occasion and ¢ven solemnity to the act he was aoout to per invention of aiwther phrase; and I may say that the mind of the form, the first act in the exercise of the office of governor, but Senator from Oregon haa been very fertile in the invention of there is nothing in it to affect the legal argument, though it has· phrases which seem necessary to support his argument all through been dwelt upon over and over again. the discussion of this question. He says there is nothing compul When Mr. Tyler assumed to act as President of the United sory connected with it. What does the English language mean States upon the death of President Harrison he protested against when it says in the case of a vacancy in the office of governor, taking a new oath. He had been sworn in as Vice-President etc., "the speaker of the senate shall exercise the office "? What and taken the oath prescribed by the Constitution, he said, and does the English language mean, if that is not compulsory? Where rightly said; that no other oath was necessary; that the duty is his right to waive it any more than he can waive any other devolved upon him at the moment the death of the President was duty which attaches to him as senator and speaker? It is the ad fixed, and it needed no new oath, and none was prescribed by the dition of duties which belong to him in his place as speaker of the Constitution. He took the oath merely, he said, under protest, senate in a given contingency. to quiet the cavil of those. who might thiuk differently. I do not 1896.- CONGRESSIONAL RECORD-SENATE." 3989 know, sir, that it is important enough to occupy the time I have ill nor section 5 of Article IT-those prohibitory clauses. The given it, but strangely enough, it seems that this gubernatorial question remains, was there a vacancy in the representation of oath, so called, has become. a veritable rock of offense or defense, Kent County in the senate of Delaware by reason of the death of I do not know which, in the arguments of all the Senators upon Governor Marvil? The constitution doe3 not declare one, but the other side. its language expressly negatives the existence of a vacancy. Let Right there the Senator from Oregon, in getting around the fact us see whether it does not so negative it. Section 5 of Article II that these clauses of the constitution do not apply to the devolu says that- tion of the office of governor upon the speaker of the senate, re Each house shall choose its speaker and other officers; and also each house ferred to a Minnesota case which he says is a case directly in point. whose speaker shall exercise the office of governor may choose a speaker pro That was a case, Mr. President-and as it has been given such an tempore. important place in the printed arguments I shall refer to it-where Does.not that negative the suggestion of a vacancy in the office a provision of the Minnesota constitution, section 9 of Article IV, of speaker of the senate and, of course, of senator? Though I read as follows: ' have already read it, I shall read again section 14 of Article ill, No senator or representative shall, dnring the time for wliich he is elected, which says: hold any office under the authority of the United States or the State of Min If there be no speaker of the senate, or upon a fnrther vacancy happening nesota, except that of postmaster· and no senator or representative shall in the office by his death, removal, resignation, or inability, the speaker of hold an office under the State which had been created or the emoluments of the house of repr~sentatives shall exercise the office until a governor elected which had been increased during the session of the legislatnre of which he by the people shall be duly qualified. was a member until one year after the expiration of his term of office in the lcliP.sla tnre. Mr. President, the Senator from Oregon and the Senator from Michigan argued at grea~ength that that provision of the .constitu In that case John B. Sutton was elected to the office of repre tion made for their interpretation, because they said that "further sentative of the Twenty-third legislative district of the State of vacancy" meant the further vacancy in the office of governor. Minnesota for the term commencing on the first Monday of J anu Now listen to the plain words of the provision: ary, 1895, and ending on the first Monday of January, 1897. If there be no speaker of the senate, or upon a fnrther vacancy happening On the 4th day of May, 1895, Sutton was appointed by the gov in the office- ernor of the State to the public office of inspector of boilers for the How? By the death of the governor? No Fourth Congressional district of that State, which office is one of great public importance and responsibility, having been created by his death, removal, resignation, or inability. by an act of the legislature prior to Sutton's election as a member To whom does the pronoun "his" refer? Manifestly to the thereof. speaker of the senate. It can not refer to anybody else. Mind The supreme court of that State held that under this constitu you, we have got the speaker of the senate inducted into the exer tional provision Sutton could not hold the office of inspector of cise of the office of governor. We have passed that point. It pro boilers, to which he had been appointed by the governor, until vides something else after he commences to exercise the office of the expiration of the full period of time for which he was elected. governor. It says: The court in its opinion said: If there be no s,peaker of the senate, or npon a further vacancy happening in the office by his death- In the case at bar it is not necessary for us to speculate upon the intention of the framers of the constitution in adopting the provision in question. A That is, the death of the speaker of the senate. So if we do, as bare reading of this provision suffices to enable us to ascertain and under we are always at liberty to do, strike out the pronoun and sub Rtand its meaning\ and we need not search for light through the uncertain stitute the noun for which it stands, it would read: ties of extraneous mterpretation or construction. It is a part of the organic law of the State that no senator or representative shall, during the time for If there be no speaker of the senate, or upon a further vacancy happening which he is elected, hold any office under the authority of the State of Min in the office by the death of the speaker of the senate, etc. nesota. Is there any uncertainty or ambiguity about this language? Has it So here we have in the very next clause of the sec'tion language any of the characteristics which demand a construction to be placed upon it used which, as I said, expressly negatives the existence of a by the judiciary of this State other than that which is transparent from the language itself? vacancy in the office of either senator or speaker. Again, next to the last clause of section 14 provides-! have already read it, but That is just what I say about the language of the constitution I shall read it again- of Delaware. The court said: If the trial of a contested election shall continue longer than until the third The respondent could not nullify the constitutional prohibitory clause dur Tuesday of January next ensuing the election of a governor, the governor of ing the time for which he ifl. elected by his resignation of the office of repre the last year, or the speaker of the senate, or of the house of representatives, sentative. who may then be in the exercise of the executive authority, shall continue So they declared in that case that he could not hold the office of therein until a determination of such contested election. inspector. What does that language imply? Are we to disregard it alto Mr. GEORGE. That he could not take it. gether? Are we at liberty, in construing a constitution, to de: Mr. GRAY. That he could not take it; not that his office as termine the end we wish to reach, and then leave out, interpo member of the house of representatives was vacated, but that the late, or alter the language in order to suit the exigency of our disqualifying office of inspector of boilers could not be taken and travel toward that end? We must regard it all; and here we have held by him. If that reasoning should be applied to this case at these three express provisions, which are absolutely inconsistent all, it would mean that this man could not exercise the office of with the idea that there has been created any vacancy in the office governor, although the constitution says he shall. of speaker of the senate or of senator by the exercise of the office The Senator from Oregon says that is a case directly in point. of governor. Yet in the face of the fact that the constitution has There was no provision of the constitution of Minnesota saying not declared or provided for a vacancy, and of this express recog that a senator shall exercise the office of inspector, mark you. nition in the section itself, of t.he fact that no vacancy exists, and Then it might have been a case a little more apposite, a little that the speaker still continues to be speaker so far as this section more applicable to this controversy. We are dealing with a case affects him, the majority of the committee argue themselves into where it is true the constitution says that no one holding an office the belief that this provision of the constitution works a vacancy under this State shall be a senator or representative, although the in the senate of Delaware. constitution afterwards says a senator in a certain case shall Mr. President, need I say more on the question as to whether exercise the office of governor. This Minnesota case was one any vacancy was created or intended to be created. by the fram where the constitution provided that no person who is a senator ers of the constitution of Delaware upon the exercise of the office or representative shall hold an office under the State; but the con of governor by the speaker of the senate as they have provided stitution does not say that thereafter, in a certain contingency, a for? Imag\ne the framers of a constitution confronted with the senator or representative shall act as boiler inspector. So the proposition that they had made such a vacancy and had in a cer case has no more application to the one in hand than the rule in tain event disfranchised the people of a county. What would they Shelley's case or any other inapplicable and irrelevant judgment do? No case can be found anywhere in any constitution of any of a court. State where a doubt has been left as to a vacancy existing in rep Is it worth while, sir, in this presence to say that this word resentation. The constitution of Delaware has provided in three "eligibility" does not occur in the constitution of Delaware? It several places for filling vacancies in the representation in the says that a governor elected by the people shall not be eligible to senate and in the house when they occur. So anxious were they a second election. We know what the word" eligibility" means. that they have covered every possible period of time in which It means capable of being chosen, that is all; and the Senator from such a vacancy could occur in order to fill it. If the senate or the Oregon, in the stress of his argument, is compelled to say that house were in session the speaker of the houses respectively must what this clause of the fourteenth section means, when it says issue immediately writs of election to fill the vacancy; and if the that the speaker shall exercise the office of governor in a given vacancy occurs in vacation, the governor of the State is reg_uired contingency, is that he shall be eligible, shall have a preference to issue the writ in order that there may be no vacancy'in the right to be governor if he does not choose to waive it-if he chooses representation of any county in either house of the State legisla to take the gubernatorial office. ture. It shows the anxiety they had about this important sub I do not think any further commentary is necessary upon tliat ject. The legislature was a small one; a single vacancy was a position taken by the Senator. Clearly neither of those sections, large aliquot part of the whole legislature, and they studiously then. concern us in this discussion; neither section 12 of Article provided for filling vacancies; and yet we are told that here in 3990 CONGRESSIONAL RECORD- SENATE. APRIL 15,.
this important contingency they are confronted with a vacancy ern or, that that implied that the speaker of the se_;a,te after he and yet they have taken no means to fill it. The opposition had become governor could come back to be again speaker of the abandoned that; they argued it and they abandoned it. They senate? say, in effect, that there was no vacancy; that the interpretation Mr. HARRIS. Unmistahbly. . put upon both constitutions for a hundred years compelled the Mr. CHANDLER. Now, I ask the Senator fi·om Delaware to abandonment of the proposition that there was a vacancy. So state why, in the five cases to which he is now alluding, the sena they invent another phrase, and that is, "sm;pension from office." tors, having come back to the senate, have in no one instance I was going to allude to what had been the intm~pretation of the resumed the office of president of the senate? constitution as to a vacancy having been created, but it has Mr. GRAY. That is very easily answered, because I have ex already been gone over by the Senator from 1\fississippi [Mr. amined those cases and I believe in all of them the office of sneaker GEORGEl so thoroughly as to com2el the abandonment of this had expired. "" position by counsel for Mr. DuPont and by Senators on the other Mr. CRAl'fDLER. I have an affidavit here that states the fact side. how that office was filled- In the one hundred years under these two constitutions, both Mr. GRAY. Of speaker? constitutions having a similar provision in this regard, there have Mr. CHANDLER. Yes; speaker of the senate. been five cases where the speaker of the senate has been called Mr. GRAY. By a new election, I suppose_ upon to exercise the office of governor and has afterwards sat in Mr. HARRIS. The speaker of the senate is elected for· the en- the senate and performed his duties as senator under·hls original tire term of the Iegislatm·e, is he not? · election. MI·. GRAY. For a legislature. Mr. GEORGE. And without questiotl from anybody. Mr. HARRIS. And with the expiration of that legislature he :Mr. GRAY. Withoutquestionfromanybody-fromanylawyer may continue to be senator, bnt he ceases to be speaker. Is not or any judge or any citizen-so far. as I know and so far as any that the fact? records show. 1\Ir. GRAY. That is the fact. Not only that, but three of tho e case_, occuTred under the con Mr. HARRIS. That is what I supposed. stitution of 1792, where a f?enator exercised without question the Mr. GRAY. I want to say that of cou.rse the Senator- from office of senator after he had exercised the office of governor under Tennessee is quite right; that when the constitution savs that thls provision. When they came to make the constitution of 1831 when the- speaker of the senate exercises the office of goveriwr the they kept that provision in it in totidem verbis, thereby affirming senate may elect a speaker pro tempore, it means that the office that construction which had been put upon it by forty years of of s-peaker and of senator is not vacated; otherwise it wouidhave actual usage and practice. Do yon suppose, :Thfr. President, that said" shall elect a speaker," and not a speaker pro tempore. if the occupancy of these senators who had been exercising the But- I want again to give notice that in this argument, such as office of governor, of their seats in the senate had been ques it is, which I am endeavoring to make, I do not hold myself out tioned anywhere in the State under the constitution of 1792, that to answer all the questions and curious conundrums-that may oe when we came to the convention of 1831 they would have retained propounded. that provision without a single alteration, without a single protest, I do not mean any dis1·espect to those who put such questions. without a single objection or criticism upon that provision? There are a; great many inconveniences, as- was so ably argued by J.\fr. GEORGE. They would have changed the language, as the Senator from Mississippi, which must always occur when you they did in Pennsylvania. come to fill an office temporarily. We put up with them. We Mr. GRAY. They would have changed the language, as they would rather have the inconveniences than to have the absolute did in Pennsylvania. So I say we have the sanction of the people desuetude of the functions for the exercise of which we tempora of Delaware in the most solemn fo1·m. I mean a sanction ex rily provide. It is inconvenient to have the speaker leave his pres ·Iy given in their convention, where they were making and place and go into the executive office to sign bills or pa-form some altering their organic law as a sovereign people meeting in their othe1· executive act. It is inconvenient, as it woul
to be a senator or representative. Here is .an extract from the argument which I hold in my hand. At the end of the debate journal of the senate of January 13, 1801: the senate decided that under the constitution of North Carolina It was moved by Mr. Vining, seconded by Mr. Grantham, to adopt the fol- he continued speaker and he continued senator, notwithstanding lowing resolution, to wit: . that he exercised the powers of governor. "Whereas it hath been represented to the senate of the State of Delaware, th&t the election of .J<>hn B1rd, of the county of Newcastle, as a senator, in Mr. President, the little State of Delaware is not suchananom thfr room of Archibald Alexander, esq.• resigned, is unconstitutional upon alous State as the Senator from New Hampshire would have the the ·groun
North Carolina and Pennsylvania make a list, small though it Mr. GRAY. I can, not answer the question. I think thoy do. may be, of compurgators with whom we are willing to stand. Th ~ constitution provides that the senate or house shall fill the The majority of the committee and the Senator from Oregon vacancy. and the Senator from North Carolina apparently have been over :Mr. HOAR. If they do not, then the constitution of Maine whelmed by the argumept of undeviating construction of the and I am not speaking now of the meaning of language one way State of Delaware for a hundred years in support of the doctrine or another, but of the probability of establishing a certain sys that no vacancy is created by the exercise of the office of governor tem-is exactly and expressly what the majority of the commit by the speaker. They therefore invent another phrase-suspen tee suppose the constitution of Delaware to be; that is, they have sion of function. They are traveling outside of the constitution provided in Maine that the speaker of the upper branch of the again, as they have been doing all the time. There is no such legislature shall exercise the office of governor. They have phrase as suspension of function in the constitution of Delawru·e. thought that it was not fit that he should exercise both offices, They are compelled to invent it; they are compelled to interpolate and therefore they have provided for a temporary vacancy or both the thing and the phrase. Where is the constitutional war suspension of the office of senator, to which he comes back when rant for suspension of function as distinguished from the creation he ceases to exercise the office of governor. of a vacancy? Where within the four corners of this constitu Mr. GRAY. I do not know whether he does or not, I say to tion or any other has there ever been adjudicated a suspension of the Senator from Massachusetts; but the provisions of the consti function where there has been no express constitutional provision tution of Delaware and Maine are not identical, because there is providing for it? Not one. No case can be found, and yet the the important differences in the constitution of Maine that the Senator from Oregon glibly says, both in his report and his speech: framers of that instrument have seen fit to say that when the The history of this country is full of instances where the right to exercise speaker shall exercise the office of governor his duties as speaker an office on the part of a person who holds an office for a certain time is sus shall be suspended. · pended. I can point to numerous instances of that kind. Mr. GEORGE. Expressly. . And from the time he uttered those words until now he has not Mr. GRAY. Expressly. Now, what I was arguing was that pointed to a single instance. There are a few instances where the there was no case anywhere that I could find, none that I have constitution ]tself has provided for suspension in so many words, been referred to where a suspension of office or function has been but notwithstanding that bold assertion, I venture to say he can adjudged to be worked where there was not an express constitu not point to a single instance where a suspension of function has tional or statutory provision providing for it. been created or adjudged to be created by a constitution unless Mr. HOAR. May I ask the Senatoraquestion which I hesitate done expressly by constitutional provision. a little to ask because I had to be out of the Chamber during a Mr. GEORGE. It is never done by implication. part of his very interesting argument and he may have answered Mr. GRAY. It is never done by implication anywhere. the question before I came in? Is not the constitution of Maine, Here is another violence done to the text and spirit of the con as he describes it, precisely what the Constitution of the United stitution of Delaware in order to seat Mr. DuPont. That violence States is in regard to the Vice-President, by implication without is not justified even to seat so good a man as I believe him to be. any constitutional provision whatever? The constitutional Pres Violence of that kind to the text and spirit of a constitution is a ident of the Senate, when exercising the office of President, is not wrong done to the sovereign people of a State, and we ought to declared by the Constitution to vacate his office of Vice-President hesitate long before we gain our own consent to perpetrate it. It or President of the Senate, and yet, as everybody concedes, he doos is true we have the power to ignore the law; we have the power so. Now, how does the Senator distinguish the constitution of to ignore the plain provisions and the plain meaning of the con Delaware from that of Maine, exceptthatMainehas written what stitution of Delaware, but we will have stepped down from the in the constitution of Delaware and theConstitutionof the United high place that this body occupies in the dual scheme of Ameri States is left to be implied? can Government when, in order to accomplish an end, we have Mr. GRAY. I answeredsubstantiallythat-question,notto-day, consented to ignore the plain provisions of the constitution of a but yesterday, in an interlocution I had with the distinguished State or to whittle them away by refined, attenuated, and artificial Senator from New Hampshire [Mr. CHANDLER], and I am quite reasoning. willing to repeat the substance of what I said then. If more was wanted on the matter of suspension of office, we The Constitution of the United States provides that when an might turn to the constitution of Maine, where there is a similar election for President is had, at the same time and by the same provision. If I had it here where I could turn to it I would read electors there shall be elected a Vice-President, elected for the pur it. The constitution of Maine provides in one place that the pose of performing the duties of President or acting as President speaker of the senate shall exercise the office of governor. I have in case of the death, inability, or resignation of the President, forgotten the phrase. Is that it? elected expressly for that purpose and no other. Mr. GEORGE. That is right. Mr. HOAR. Except to preside over the Senate. Mr. GRAY. But it also provides that when he thus exercises Mr. GRAY. No; I will come to that in a moment. He is not the office of governor his duties as speaker shall be suspended; elected to preside over the Senate. He is, as I said yesterday, a and the other side bring in here a little three-line opinion of the led horse, who is to take up the burden when it falls from the chief justice of Maine in answer to a question, purporting to be shoulders of the man who is elected primarily to bear it. He is acquiesced in by the two associate justices, with no reasoning to elected for that very purpose and no other, and because the Con support the opinion, that when the speaker of the senate shall stitution, in order, perhaps, to give dignity to the office and to the, exercise the office of governor he is no longer speaker and can not man who is set aside to wait for the death of the President, makes vote as senator. Upon that the Senator from Oregon and the him ·ex officio President of the Senate does not alter at all the Senator from Michigan rely with great confidence. status to which this Constitution elects him. Mr. ALLEN. · May I ask the Senator from Delaware a question So in case of the death of the President and the accession of the at this point? Vice-President to the duties of that office, the thing has occurred Mr. GRAY. Certainly. which the Constitution provided for, and when he ads as Presi Mr. ALLEN. Does not that very provision of the constitution dent or becomes President, I care not which, he must ex necessi of Maine establish the doctrine that but for the express prohibi tate cease to be Vice-President. He is no longer the led horse. tion the right would remain with the speakertoexercise the func The burden is tl·ansferred to his shoulders. He can not be Vice tions of his first office? President to himself. He can not continue to be Vice-President Mr. GRAY. Certainly it does. You can draw no other con and President too. For what is the Vice-President? One who is clusien from it. The framers of the constitution of Maine under to take his turn as President when the President no longer exists. stood as well as the framers of the constitution of Delaware that And those are two incompatible offices-incompatible ex necessi if they were silent, after commanding the speaker of the senate tate-because you can not frame a sentence in the English lan to exercise the office of governor, he would remain senator and guage without absurdity that would make the Vice-President act speaker, and so they said tlfat when he shall exercise that office ing as President or when he becomes President continue also his duties as speaker shall be suspended. · Vice-President. · Mr. HOAR. May I ask the Senator from Delaware a question Mr. HOAR. Then how does he get back in case of capture? here, as he has investigated this particular matter with respect Can the Senator tell me? to the constitution of Maine and I have not? Mr. GRAY. I do not know. I am not bound to account for Mr. GRAY. Certainly. the way in which he would get back. When that case occurs it Mr. HOAR. Do they issue a writ to fill the vacancy tempo will no doubt give rise to an interesting a1·gument. I am not to rarily? be turned aside from the plain, palpable point I am making by Mr. GRAY. Where, in Maine? putting one conundrum after another, and I say it with entire re Mr. HOAR. In Maine, when the speaker exercises the office of spect; I mean questions which may be linked one to the other ad governor. infinitum in regard to all human affairs. But there is that plain Mr. GRAY. I do not know. I can not answer the Senator. difference. · Mr. HOAR. I suppose they do not, but I thought the Senator While we are on this subject I wish to enforce it a little further. probably would have been able to say they did not• The Constitution does more than provide for the election of a
.. 1896. CONGRESSIONAL RECORD-SENATE. 3993
Vice-President. It provides for a case where there is neither Pres the United States was in the second degree, and if I did not mis ident nor Vice-President. The Constitution of the United States understand him, because the contingency of a President pro tem provides not only for the election of a Vice-President, but it looked p~e being called upon to act as President wa~ very remote, never ahead fm·ther. '!be framers of that instrument of course were having occurred in a hundred years, it did not make much differ confronted with the possibility or the probability that both the ence whether the inconvenience that he depicted there arose or President and the Vice-President might be dead in one term and not; but if it had been in the first degree, as it was in Delaware, what should be done in that case. So they declared that Congress then there was a great difference. I say in all respect I was unable should provide by law who shall act as President in a case where to comprehend that explanation of difference, and did not at all both the President and the Vice-President were dead. understand why you can make a rule of interpretation of a con Congress in 1792, shortly after the adoption of the Constitution stitution to depend upon the remoteness or the probability of the of the United States, undertook to perform the duty which the happening of the event provided for. Constitution imposed upon them, and under the clause authoriz Mr. HOAR. If the Senator from Delaware will pardon me, I ing them to provide who should act as President when both the do not think he quite understood my statement. President and Vice-President were dead, they enacted that in that Mr. GRAY. Possibly not. case the President pro tempore Qf the Senate should act as Presi Mr. HOAR. I can not repeat the words, of course, at this dis dent. tance of time, but my statement was in substance that where the Now, for ninety-four years that law continued on our statute event was so exceedingly unlikely to happen the inconvenience of book without change. It is true that in the providence and mercy having an officer created who should be held ready at all times for of God its provisions were never invoked, but there that law was. the succession and have nothing or little else to do would out It was often the subject of discussion a-s to what might happen if weigh the public inconvenience which might happen perhaps once the contingency so provided for should occur, and so inconvenient in a thousand years of the other arrangement. My proposition did some of the consequences of that law seem that the Commit applied to cases under our national and State constitutions of ex tee of the Senate on Privileges and Elections since I became a mem press enactment or of affirmance in the Constitution of the incon ber-not of that committee, but of the Senate-took the whole sistency of the two offices, as was done in Delaware. Our framers matter up, and under the leadership of the distinguished Senator of the Constitution provided that executive offices should not be from Massachusetts rMr. HOAR], who was then its chairman, there held by legislative officers, and that where the supreme executive was, after due consiaeration, I suppose, proposed from that com office wa-s vacant and a legislative officer was to succeed his mittee· a substitute for the law of 1792 which should repeal it and functions as a legislative officer ended and stopped. That is what provide another order of succession, the one which now exists. they did when they were providing for the probable case of the The distinguished Senator from Massachusetts performed on that first succession or first vacancy. occa-sion, as he has performed on many others, a great public serv Then there is another case which, so far as I know, never hap ice that will remain to benefit the people of the United States long pened in the United States. Certainly it never happened in after he and I have been removed from this scene of service and the Union where within the brief term of the executive office both labor. the offices should be vacant, as in the case of President and Vice When the distinguished Senator brought that act into this body, President of the United States. There they have not established and proposed that the Senate should adopt it in lieu of the old and provided a salary for the person to whom all these constitu one, which was that the President pro tempore of the Senate tions apply, but they say you may fix that anyway, if that comes should act as President when there was neither President nor up, by legislation, and Congress shall provide for the officer who Vice-President, what argument did he use in order to persuade shall succeed. the Senate to change that law and adopt the present? Here is Our ancestors did it, but if it had been an original question I part of what he said. In speaking of the inconvenience which should have thought it exceedingly doubtful whether, in the selec might arise under the provisions of the act of 1792, the senior tion of the officers to succeed, the First Congress had the right to Senator from ].:lassachusetts said: select the two legislative officers, because of the repugnance which It is inconvenient, also, because it would be almost impossible for the Presi our Constitution makers felt against the exercise of one of these dent of the Senate to continue to perform the functions of his office, which is offices by the other. But our ancestors did it, and we have re the principal office, to which the Presidency of the United States is made a mere adjunct or appendix in the contingency which is provided for by law. pealed it. Nothing can be conceived more awkward, more repugnant to our sense of Mr. GRAY. Now, Mr. President, to clinch the argument, that propriety, than for the President of the United States to sit in the chan· of necessarily makes itself in the Pennsylvania precedent to which I the Senate and preside over and listen to discussions in regard to his own have referred, I want to say that the constitution under which nominations, votm~ upon them himself as an equal in the Senate, and presid ing over and listenmg to the severe criticisms of executive policy which in that incident took place was a constitution in which the provisions times of high party anta~onisms must be always heard in this Chamber, and in regard to the exercise of the office of governor by the speaker ought to be always heara in this Chamber. were precisely the same as they were in Delaware. The prohibi Then the political functions are devolved by the present arrangement upon an officer changeable at the will of this body. The President .of the Senate tions were just the same, and we have seen what its interpretation may be removed from time to time by the majority of the Senate, after the was by the people and by the legislature of Pennsylvania, that it Presidential functions have devolved upon the office as before. was precisely what it has been in Delaware. That constitution Mr. President, nobody rose in his place in the Senate in the ha-s been changed. The constitution was adopted in 1838, but it reading of that interesting report and during the deliverance of was changed in 1873. Our constitution has not been changed. that interesting speech to deny the correctness of the conclusions But what did they do when they changed it? Here is what they of the Senator from Massachusetts. Everyone seemed to acquiesce did: in the proposition that the President pro tempore of the Senate SEC. 14:. In case of a vacancy in the office of lieutenant-governor * • • did not relinquish his office as Senator because the duties of the the powers, duties, and emoluments ther eof for the r emainder of the term, President of the United States were devolved upon him by the or until the disability be removed, shall devolve upon the president protem pore of the senate; and the president pro tempore of the senate sha.ll in like Constitution of the United States or by the law enacted in pur manner become governor- suance of the Constitution. Mr. GEORGE. Nor suspended. They did not any longer say ''he shall exercise the office of gov Mr. GRAY. Nor suspended. The word "suspension" was ernor," but they ex industlia changed the law and said "he shall never suggested. become governor"- Why should we not apply this reasoning to the Stdte of Dela if a vacancy or disability shall occur in the office of governor; his seat as sen ware? Is it because the State of Delaware is weak and small and ator sha.ll become vacant whenever he shall become governor, and shall be the Government of the United States is great and large, as the filled by election, as any other vacancy in the senate. . Senator from New Hampshire seemed to wish to have us think They were confronted with that, and they came to the conclu yesterday afternoon? Why does not the logic of that situation sion that it would be better probably not to leave the duties of apply to this? Why heap contumely upon the little State of Dela senator upon the speaker exercising the office; they were too many ware because her people have during all these years put a con and too conflicting; and so they provided by express constitutional struction upon her constitution precisely the same as that put upon enactment that he should become governor, and when he becomes • the Constitution of the United States and the laws of the United governor his office as senator shall become vacant, but shall not States in a similar regard bythe Senate of the United States from be left vacant; it shall be filled. There was no suggestion of sus 1792 to the present time? Are we amenable to that criticism? pension, no suggestion of the unvacant vacancy of an office with Are we doing anything more than asking for a continuity of the no offieer to fill it, but a careful protection and guarding of the logic and the judgment and the propriety which ought to obtain interests of the people. in all public affairs and in all public conduct, whatever may be _The Senator from Oregon speaks of his private or real opinion. the occasion which calls it forth? You see the Senator from Oregon (and I say it with due respect I understood the SeDJ;1tor from Massachusetts to say the other day to his great abilities and his character) is compelled in this case in an interesting interruption which he made to the distinguished to have a real opll;l.ion and an argumentative opinion. His real Senator from Mississippi that thera was a difference, and I listened opinion, he says, in answer to a question from the Senator from very attentively to learn what that difference wa-s, and lo, it was Mississippi, is that the exercise of the office of governor by the this: That whereas the succession provided for by the statute of speaker of the senate works a vacancy in the office of both speaker
.... '3994 CONGRESSIONAL RECORD- SENATE. APRIL 15,
and senator. Yet in his Interruption of the Senator f1·om Mis But, Mr. President, the argument founded upon the prohibitive sissippi he- sa.ys he believes that in the case mentioned there is no clauses of the constitution stands by itself and can only be dealt place subject to occupancy, and that during the sneaker's exer with apart and by itself, and the argument on inherent incom cise of the office of governor the senate of Delaware consists of patibility is independent of them and must be dealt with by itself, 8 members and not of 9 members. and we can not combine them. If these clauses do not apply, as Here are two statements of what the Senator believes to be the I submit I have shown they do not, let us consider whether there real interpretation of the constitution of Delaware. He says his is anything in the doctrine of inherent incompatibility. The rear belief is that the exercise of the office of governo1· by the Senator from Oregon, and the Senator from NewHamnshireeven speaJrer works- a vacancy. He also says that- he belie-ves in the more emphatically and at greater length, dwelt upon what I call case before the S-enate there was no place subject to the occupancy the inherent incompatibility of legislative and executive offices, in the senate of Delaware, and that during the speaker's exercise which the Senator from New Hampshire says is a.- great doctrine of the office of governor the senate of Delaware· consisted of only of American. public law. 8 members-and not of 9 members. Wow; ifthat were soj how could Now, let us see just what he means by a doctrine of American there be a vacancy? If there was no ninth place to be filled, then public law. It is. true that offices may be incompatible with each there was no vacancy in that ninth place. That- ninth place was other, and the Senator from Oregon has shown, what i& entirely the-place occupied bySpeaker Watson. He says he believes that admitted by me and by I think all who have argued on this side, when he exercised the office of governor he vacate!! that place. that there are certain offices which, being incompatible with each The place is-still there capable of I>eing filled by election; there were other, the acceptance of the second vacates the first. That is true; stili 9 seats, but-now he says in his interlocution with the Senator but what are those offices- to which he has referred? They are from Mississippi: that he believes-there were only 8places. There- offices which by the nature of their duties are either physically fore there wasnoplace, vacant or otherwise. . incapable of being perfonned by the same person 01~ whose duties You see,. Mi·. President, when you lea-ve the plain text of the are the one subordinate to the other. The instances given are all constitution and set up para:pln·ases of it in your argument from recollected-! need not refer to the cases-the instances given are artificia:l premises, even such an acute l~aicia:nas-the Senator from those most frequently IQ.entioned, those of. an inferior judge being Oregon is conceded to be is necessarily-led into confusions and elected to a superior judgeship which has a supervisory jurisdic contradictions of this kind; and I might point out others in. the tion over the inferior judge. Manifestly there is something in the cour e of his able and ingenious argument. very constitution of organized government which forbids that the Mr. MITCHELL of Oregon. If the Senator from Delaware will judge who supervises- should be the same one who is supervised. allow me, it does seem to me the Senator is rather hypercritical So an accounting. officer can not be erected and made the account in his review of what I said on that subject. I have said, and ant; he can not.be permitted to account to himself; and it will said it a great many times during this-discussion, that two views be found that all the cases referred to are of that nature. I do might be taken of this constitution. One is that on the accession not prete.a
. Tills would have been the case in the constitution examined by lrlm if the Secre~ry eof the Treasu,ry') by express words. The law did not say that the kin_g, w~o is the sola ex.ecuti>re magistrate, had possessed also the complete d~pos1ts sl!-ou~d be made m the bank unless the Pl·egident should order other le~sla~ve power or the supreme administration of justice, or if the entire WISe: but It d1d say that they should be made there, unless the Secretary of l~gislative l?<>dy ha4 possessed t}?.e supreme judiciar:y or the supreme execu the Treasury should order otherwise.· I put it to the plaili senso and common tive autbprtty. _This, however, 1S not among the VIces of that constitution. <;andor ot all men, whether the mscretion thus to be exercised over the sub The magistrate, m whom the whole executive power resides, can not of him Ject was not tl!-e Secretary's oW? personal discretion; and whether, therefo:re, l;!elf ~~e a law, though he can put a negative on every law; nci.." administer the mterpos1t10n or the auti:J.onty of another, acting directly and conclusively ~ustice ~person, though_he has the ai?pointment of those who do administer on the subject, decimng the whole question, even in its particulars anddet.ails 1t. The JUdges can exercise no executive prerogative, though they are shoots be not an assumption of power? The Senate regarded this interposition a3 fro~ the ~xecuti>re stont of the different States, and amnng others never been perfectly established in any government of the world and per~ mstanced the government of Delaware~ the very one with which haps never can_ be. . * * *. Thus ~he Constitution (of the United States) we are now concerned, and said that- say~ that all legiSlative po:ver therem granted shall be vested in a Congress, whi~h Congress sh~ co.nBL~ of a Senate a:f?.d House of Representatives; and • In. _Delaware the chief executiye magistrate is annually elected by the leg yet, m another article, 1t gives ~o tJ:!e President a qualified negative over aJ1 islative department- acts of CoJ?.gress. So the Constitution declares that the judicial power shall That is in the constitution of 1776- be v~ m on~ Supreme Court, and SU knowledge, but are practically a. money-making imposition upon the inalien 50, after the word" increase," to insert" Provided, howeve1·, That able rights of the people to "life, liberty, and the pursuit of happiness," as free such power shall be exercised only after all persons interested and independent, with natural right of choice in the advancement of science in medicme; and we call upon all in favor of our "educational" system to shall have been given a hearing, of which hearing due notice must oppose all such monopolies-; in Congress and in the States, by defeat and re be given bypublication: Andprovidedfurther, 'fhatit shallhave peal; and maintain the rights of ourselves and our children as free American been ascertained that the persons engaged in catching salmon do citizens. not maintain fish hatcheries of sufficient magnitude to keep such Mr. GALLINGER. The Senator is reading the opinion of a streams fully stocked"; in line 60, after the words" salary of," to gentleman concerning the bill to which he objected yesterday. strike out "ten" and insert "one thousand eight hundred"; in If he will confine himself to this bill and discuss the question- line 61, after the word "per," to strike out "day" and insert Mr. FAULKNER. This is a mere dental bill. '' ann urn"; in line 62, after the words ''salary of," to strike out Mr. CALL. A dental bill? "eight" and insert" one thousand six hundred"; in line 63, after Mr. FAULKNER. A dental bill. the word "per," to strike out" day" and insert" annum"; and in Mr. GALLINGER. This is an entirely different bill, I will say line 75, after the words "fine of," to strike out "five hundred" to the Senator. and insert "two hundred and fifty"; so as to make the bill read: Mr. CALL. I beg pardon. Be it enacted, etc., That the act approved March 2, 1889, and entitled "An Mr. GALLINGER. If the Senator will permit me to state aet to provide for the protection of the salmon fisheries of Alaska," is here by amended and reenacted, as follows: what this bill is, I know he will not object. "That the erection of dams, barricades, fish wheels, fences, or any such Mr. CALL. Is not the argument true about dentistry as in fixed or stationary obstructions in any part of the rivers or streams of Alaska, regard to medicine? or to fish for or catch salmon or salmon trout in any manner or by any means with the purpose or result of preventing or impeding the ascent of Mr. GALLINGER. We passed in the last Congress a bill regu salmon to their spawning ground, is declared to be unlawful, and the Secre lating the practice of dentistry. The Senator from Florida forgot tary of the Treasury is hereby authorized and directed to remove such ob to object to it. That act is on the statute books now. Under structions and to establish and enforce such regulations and sur>eillance as may be necessary to insure that this prohibition and all other provisions of the general incorpor!ltion act of this District (and I presume no law relating to the salmon fisheries of Alaska are strictly complied with. such authority is lodged in the general incorporation act of any "SEc. 2. That it shall be unlawful to fish, catch, Ol' kill any salmon of any State in the American Union) any two, three, four, or five men variety. except with rod or spear, above the tide waters of any of the creeks or rivers of less than 500 feet width in the Territory of Alaska, except only can organize a college for the teaching of medicine, dentistry, or for purposes of propagation, or to lay or set an-r drift net, set net. trap, any other of the learned professions. The result is that we have pound net, or seine for any purpose across the tide waters of any river or had two or three colleges that have brought scandal upon the stream for a distance of more than one-third of the width of such river, stream, or channel, or lay or set any seine or net within 100 yards of any professions in this District, and all the bill contemplates is other net or seine which is being laid or set in said stream or channel, or to that the Commissioners shall approve those colleges before they take, kill or fish for salmon in any manner or by any means in any of the continue to impart the knowledge that they claim to impart. That waters of the Territory of Alaska, either in the streams or tide waters, ex cept Cook Inlet, Prince William Sound, Beriug Sea, and the waters tributary is all. . thereto, from midnight on Friday of each week until6 o'clock antemeridia.n The bill was reported to the Senate without amendment, or of the Sunday following; or to fish for or cat-ch or kill in any manner or by dered to a third reading, read the third time, and passed. any appliances, except by rod or spear, any salmon in any stream of less than The title was amended so as to read: "A bill to provide for the 100 yards in width m the said Territory of Alaska between the hours of 6 o'clock in the e>ening and 6 o'clock in the morning of the following day of incorporation and regulation of medical and dental colleges in the ·each and every day of the week. District of Columbia." •· SEc. 3. That the Seeretary of the Treasury may, at his discretion, set Mr. CALL subsequently said: I move to reconsider the vote by aside any streams as spawning grounds, in which nofishin~will be permitted; and when, in his judgment., the results of fishing operations on any stream which the bill (H. R. 5488) ·to provide for the incorporation and indicate that the number of salmon taken is larger than the capacity of the regulation of medical colleges in the District of Columbia was stream to .produce, he is authorized to establish weekly close seasons, to passed. I wish to examine the bill and have not had an oppor limit the duration of the fishing season, or to prohibit fishing entirely for one year or more, so as to permit salmon to increase: Provided, however. That tunity to do so. such power shall be exercised only after all persons interested shall have been The PRESIDENT pro tempore. The motion will be entered. given a. hearing, of which hearing due notice must be given by publication: And provided jtt1·the1·, '£hat it shall have been ascertained that the persons HOUSE BILL REFERRED. engaged in catching salmon do not maintain fish hatcheries of sufficient mag nitude to keep such streams fully stocked. The bill (H. R. 8109) making appropriations for fortifications "SEc. 4. That to enforce the provisions of law herein and such regulations and other works of defense, for the armament thereof, for the as the Secretary of the Treasury may establish in pursuance thereof, he is authorized and directed to appoint one inspector of fisheries. at a salarv of procurement of heavy ordnance for trial and service, and for other Sl,SOO per annum, and two assistant inspectors, at a salary of $1,600 each "per purposes, was read twice by its title, and referred to the Commit annum, and he will annually submit to Congress estimates to cover the sal tee on Appropriations. aries and actual traveling expenses of the officers hereby authorized and for such other expenditures as may be necessary to carry out the provisions of HANDBOOK OF EXPERIMENT STATION WORK. the law herein. "SEC. 5. That any person violating the provisions of this act or the regula The PRESIDENT pro tempore laid before the Senate the fol tions established in pursuance thereof shall, upon conviction tbereot', be punished by a fine not exceeding $1.000 or imprisonment at hard labor for a lowing concurrent resolution of the Honse of Representatives; term of ninety days, or both such fine and imprisonment, at the discretion which was referred to the Committee on Printing: of the court; and, further, in case of the violation of any of the provisions Resolved by the House of Representatives (the Senate concurring), That there of section 1 of this act and conviction thereof a further fine of $25lJ per diem be printed 10,000 additional copies of Bulletin No.15 of the Office of Experi will be imposed for each day that the obstruction or obstructions therein ment Stations of the Department of Agriculture entitled Handbook of are maintamed." Experiment Station Work, of which 2,000 copies shall be for the use of the The amendments were agreed to. members of the Senate, 4,000 copies for the use of members of the House of Representatives, and 4,000 copies for tho use of the Secretary of Agriculture. The bill was reported to the Senate as amended, and the amend ments were concurred in. SALMON FISHERIES OF ALASKA. The bill'was ordered to be engrossed for a third reading, read Mr. PERKINS. I ask unanimous consent for the present con the third time, and passed. sideration of the bill (S. 2022) to amend an act entitled "An act to provide for the protection of the salmon fisheries of Alaska." RITA STINE. There being no objection, the Senate, as in Committee of the The PRESIDENT pro tempore laid before the Senate the bill Wholehproceeded to consider the bill, which had been reported (H. R. 2813) granting a pension to Rita Stine; which was read from t e Committee on Fisheries with amendments, in line 8, twice by its title. . after the word "fences/' to strike out "traps, pound nets"; in the Mr. COCKRELL. I ask that that bill mav now be considered. same line, after the word "any," to insert "such" ; in line 12, The Senator from New Hampshire [Mr. G.Ai.LINGER] is familiar after the word" salmon," to strike out" or salmon trout"; in line with all the facts in the case. A like bill was passed by the Sen 20, after the word "salmon," to strike out "or salmon trout" ; in ate and sent to the House of Representatives, giving the claimant line 22, after the word "Alaska," to insert" except only for pur therein mentioned, a helpless blind girl, $12 a month. The other poses of propagation"; in line 24, after the word ''net," to insert House has passed not the Senate bill, but a House bill in the exact ''trap, pound net"; in line 32, after the word '' waters," to insert language of the Senate bill, except the pension is $17 a month. I " except Cook Inlet, Prince William Sound, Bering Sea, and the hope the bill may be considered and passed. waters tributary thereto"; in line 33, after the word" from," to Mr. GALLINGER. I hope the bill may be passed. strike out" noon on Saturday," and insert "midnight on Friday" ; The PRESIDENT pro tempore. Is there objection to the pres in line 34, after the words" six o'clock," to strike out "postme ent consideration of the bill? ridian" and insert antemeridian"; in line 36, after the word "ap There being no objection, the Senate, as in Committee of the pliances," to insert "except by rod or spear"; in line 37, after the Whole, proceeded to consider the bill. It proposes to place the word ''salmon," to strike out '' or salmon trout"; in line 39, after name of Rita Stine, of Memphis, Mo., invalid and helpless orphan the words "in the," to strike out "morning" and insert "even daughter of George W. Stine, late lieutenant of Company I, ing"; in line 40, after the words "in the," to strike out "evening" Twenty-first Missouri Volunteer Infantry, upon the pension roll, and insert "morning"; in the same line, before the word "day," and to allow her a pension of 817 per month. to strike out ''same" and insert '' following"; in line 43, after the The bill was reported to the Senate without amendment, ordered word '' aside," to strike out '' certain" and insert '' any'' ; in lme to a third reading, read the third time, and passed. 3998 CON.GRESSION.AL RECORD-HOUSE. .A.PRIL 15, DAYS OF GRACE ON PROMISSORY NOTES, ETC. amendment in the nature of a substitute, which was agreed to a.s Mr. FAULKNER. I ask unanimous consent for the present in Committee of the Whole. consideration of the bill (H. R. 5105) to abolish days of grace on There being no objection, the Senate, as in Committee of the promissory notes, drafts, etc., in the District of Columbia. Whole, resumed the consideration of the bill. Mr.. HOAR. I object to the present consideration of that bill. The PRESIDENT pro tempore. The amendment was adopted The PRESIDENT pro tempore. The Senator from Massachu- as in Committee of the Whole Eome time since as a substitute setts -objects to the present consideration of the bill · for the original bill. The que tion now is, Shall the bill as ame-nded be reported to the Senate? LEWIS C. SCHILLING. The bill was reported to the Senate as amended. 1\Ir. PEFFER. I ask unanimous consent for the present con Mr. HILL. What is the precise amendment-the precise sideration of the bill (H. R. 2224) granting an increase of pension change? to Lewis C. Schilling. Mr. SQUIRE. The precise amendment is in line with the bill There being no objection, the Senate, as in Committee of the as passed by the Senate oril{inally. Whole, proceeded to consider the bill, which was reported from Mr. HILL. What is the preci e change? the Committee on Pensions with an amendment, in line 8, before MT. SQUIRE. Let the bill be read. T.he precise changes are the word " dollars," to strike out "fifty " and inseTt " thirty"; so to conform to the bill as amended in committee, and passed by as to make the bill read: the Senate oricinally. Be it enacted, etc, That the Secretary of the Interior be, and is hereby, Mr. PETTIGREW. I object to the further consideration of the authorized and directed to place on -the pension roll, subject to the :\'rovisions and limitations of the pension laws, the name of Lewis C. Schilling, late a bill. private in Company A, Fourth Ohio Cavalry Volunteers, and pay him a pen The PRESIDENT pro tempore. There is objection, and the sion at the rate of $30 per month in lieu of the amount he is now receiving. bill goes over. The amendment was agreed to. Mr. GORMAN. I move that the Senate adjourn. The bill was reported to the Senate as amended, and the amend Mr. WARREN. I appeal to the Senator from Maryland to with ment was concurred in. draw his motion to adjourn until I can ask unanimous consent The amendment was ordered to b~engrossed, and the bill to be for the consideration of a bill. read a third time. Mr. GORMAN. I withdraw the motion, Mr. President. The bill was Tead the third time, and passed. HEIRS OF STERLING T. AUSTIN. RIBBONS OF HONOR. Mr. WARREN. I ask.tmanimous consent forthe present con Mr. SHOUP. I ask unanimous consentf01· the consideration sideration of the bill (S. 682) for the relief of the .heirs of Sterling of the joint resolution (H. Res. 85) relative to the medal of honor T. Austin, deceased. · authorized by the acts of July 12, 1862, and March 3, 1863. There being no objection, the Senate, as in Committee of the The PRESIDENT pro tempol'e. Is there objection to the present Whole, proceeded to consider the bill. It proposes to pay to Florine consideration of the joint resolution? A. Alb1·ightand Missouri A. Pollard, heirs of Sterling T. Austin, Mr. COCKRELL. When that joint resolution was before the deceased, S59,287, being the proceeds of the sale of 360 bales of Senate on a pl"ior occasion I objected to it, not having been able cotton, the p1·operty of Sterling T. Anatin, seizea by the civil and to read the report; but I find the report provides-it does not ap military authorities of the United S~tes and receivedinto the pear upon the face of the joint resolution-for a distinctive rib Treasmy, as found by the Court of Claims. bon, which is to be supplied when one is destl·oyed, and it will be The bill was reported to the Senate without amendment, ordered designated by the Secretary of War, and not such an one as the to be engrossed for a third reading~ read the third time, and passed; holder of one of the medals might obtain in any other way. There Mr. HILL. I move that the Senate adjomn. fore I make no objection to the joint resolution. The motion was agreed to; and (at 5 o'clock and 30 minutes There being no objection, the Senate, as in Committee of the p.m.) the Senate adjourned until to-morrow, Thursday, April16, Whole, resumed the consideration of the joint resolution. 1896, at 12 o'clock mel'idian. The PRESIDEN r pro tempore. The joint res-olution has been heretofore considered as in Committee of the Whole and amended, NOMINATIONS. and the amendment concurred in by the Seriate. It is still open to amendment. Executive 1wminations received by the Senate April15, 1896. The joint resolution was ordered to a third reading, read the . JUSTICE OF THE PEACE, DISTRICT OF COLUMBIA.. third time, and passed. John H. O'Donnell, of the District of Columbia., to be justice of 1\Ir. SHOUP. I now move that the bill (S. 2512) relative to the the peace in the county of Washington, in the District of Colum medal of honor authorized by the joint resolution approved July bia (assigned to the city of Washington). Mr. O'Donnell's pl·es 12, 1862, and the act approved ])larch 3, 1863, being precisely the ent commission as justice of the peace expires April20, 1896. same as the joint resolution which has just been_ passed, be indefi CONSUL. nitely postponed. The motion was agreed to. Leo Bergholz, of New York, to be consul of the United States at E1·zeTum, Armenia, to fill a vacancy. PUBLIC LANDS IN MISSOURI. Mr. COCKRELL. I ask unanimous consent for the present CONFIR111ATION. consideration of the bill (S. 1537) to provide for the private sale of public lands in .Missouri. E;x:.eetdir:e nomination confirmed by the Senate .April15, 1896. There being no objection, the Senate, as in Committee of the INDIAN A..GENT. Whole, proceeded to consider the bill, which had been reported Charles E. McChesney, of Hartingtonr.Nebr., to be agent for from the Committee on Public Lands with an amendment, to add the Indians of the Rosebud Agency, in South Dakota. the following proviso: Provided, That the actual settlers shall have a preference right under such rules and regulations as the Commissioner of the General Land Office may prescribe. HOUSE OF REPRESENTATIVES. So as to make the bill read: Be it enacted, e.tc., That all public lands within the State of Missouri which WEDNESDAY, April15, 1896. have not heretofore been offered at public sale shall hereafter be subject to disposal at private sale in the manner now p1·ovided by law for the sale of The House met at 12 o'clock m. Prayer by the Chaplain, Rev. lands which have been publicly offered for sale: Provided, That the actual HENRY N. CoUDEN. settlers shall have a pr~ference ri~ht under such rules and regulations as the Commissioner of the Gen-eral Land Office may preseribe. The J om·nal of the proceedings of yesterday was read and ap The amendment was agreed to. proved. The bill was reported to the Senate as amended, and the amend ECONOMIC GEOLOGY OF MERCUR MINING DISTRICT. ment was concurred in. Mr. PERKINS. Mr. Speaker, I ask unanimous consent for the The bill was ordeTed to be engrossed for a third reading, read present .consideration of a resolution with reference to printing, the third time, and passed. favorably reported from the Committee on Printing. MERCHANT MARINE ENGINEER SERVICE. The SPEAKER. The resolution will be read. MT. SQUIRE. I ask unanimous consent for the present con The Clerk read as follows: sideration of the bill (H. R. 3013) to amend section 4131 of the Resolved by the Senate (the House of Representatives concurring), That there be printed at the Government Printing Offi.ce, at the earliest date practica Revised Statutes of the United States, to improve the merchant ble, 5,000 additional copies, in separate form, with pa.:{>er cover, of the paper marine engineer service, and thereby also to increase the efficiency entitled "Economic geology of the Mercur mining district," being a. part of of the Naval Reserve. the sixteenth annnal1·eport of the United States Geological Survey, with accompanying illustrations.; of which 3,000 copies sba.Il be for the use of the This is a bill which had been reported by the Senator from }{puse, 1,500-copies for the use of the Senate, and 500 copies for distributiou Maine [Mr. FRYE] from the Committee on Commerce with an by-the Geological Survey.