1532 CONGRESSIONAL RECORD-SENATE. FEBRUARY 6, Canton Press, Ava Farm Record, Keytesville Signal, Houston I There being no objection, the memorial was referred to the Com Herald, Waynesville Democrat, Carrollton Democrat, Carthage mittee on Foreign Relations, and ordered to ba printed in the Democrat, Sturgeon Leader, Shelbyville Herald, Fulton Sun, RECORD, as follows: Monroe City Democrat, Kirksville Democrat, Shelbina Democrat, STATE CAPITOL, Sacramento, Cal., February 5, 1900. Troy Free Press, Clayton Argus, Marshall Democrat-News, Ex- Hon. GEORGE c. PERKINS, celsior Springs Standard, Joplin Globe, in the State of Missouri, United States Senate Chamber, Washington, D. a. for the repeal of the tariff on printing paper-to the Committee In accordance with the instructions sent forth in the accompanying joint resolution, I herewith transmit same and certify to its correctness: on Wava and Means. Senate joint resolution No. 5, introduced by Senator Jones February 3J 1900. By Mr. SHOWALTER: Paper to accompany House bill for the Read and adopted February 5,1900. Senate joint resolution No. 5. re1ative relief of A. G. White-to the Committee on Claims. to a so-ca.lied reciprocity treaty between this country and the British West By Mr. SPRAGUE: Petition of James T. Donovan and other India Islands, known a.s the Jamaica treaty. ·n the post-office at Milford, Mass., m· favor of the passage Whereas there is now pending in the Senate of the United States, for rati- Clerks l fication, a so-called reciprocity treaty between this country and the British of House bill No. 4351-to the Committee on the Post-Office and West India Islands, known as the Jamaica treaty; and Post-Roads. Whereas the proposed reduction of duties upon the importations from By Mr. STEVENS of Minnesota: Resolutions of the St. Paul theseStates islandsapply only that to come sugar-cane into competition products, citrus with fruits,the products and fresh of vthegee Utanitedbles, Chamber of Commerce, in favor of establishing a Government which are only produced in competing quantities by the States of Florida, route to the Philippines via Puget Sound-to the Committee on Louisiana, and California: and 11"il't Aff · Whereas the articles of export enumerated in said proposed treaty upon .1.u I ary airs. which a reduction of duty is obtained are neither produced nor exported Also, resolutions of John A. Logan Regiment, No. 2, Union Vet- from cities of the said States of Florida, Louisiana., or California, thereby en erans' Union, of St. Paul, Minn., in opposition to House bill No. tailing great loss to them without any corresponding benefits; and · tm t · th W th B t th Whereas the citrus products of this State, amounting to over 5,000,000 3988 , reI a ti ng t o appo1n en S In e ea er ureau- O e boxes, which will be doubled within the next decade, is handicap ped by a Committee on Agriculture. freight rate to the principal centers of population and trade of 9U cents pel" Also, resolution of the St. Paul Chamber of Commerce, against box, which exceeds by 15 cents per box the combined freight rate and the · · f th p H hi b "d bill t th C •t proposed import duty from the British West Indies: and provisions 0 e ayne- anna s p-su Sl y - 0 e ommr - Whereasthecitrusproductsoftheseislandscomedirectlyintocompetition tee on the Merchant Marine and Fisheries. with the holiday trade, which is known to be the best of the entire year; and Whereas the entire imports of the island of Jamaica have never exceeded $8,000,000 dollars per annum, a large proportion of which is imported from England owing to a preferential tariff rate; and SENATE. Whereas, at the request of this body and the petition of the citrus fruit growers of this State, the Fifty-fifth Congress fixed a tariff duty upon that product, placing it on an equality with the foreign production in respect to TUESDAY, February 6, 1900. the freight rate only; and Whereas the American producer is entitled to and ought by right to enjoy Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. the benefit of his home market when fully able to supply the demand: There The Secretary proceeded to read the Journal of yesterday's pro fore, ceedings, when, on motion of Mr. ALLEN, and by unanimous con Resolved by the senate of the State of California, the assembly jointly, That it deprecates the attempt to disturb the present existin~ conditions of the sent, the further reading was dispensed with. tariff upon sugar, citrus fruits, and fresh vegetables; that it is an unequal and The PRESIDENT pro tempore. The Journal, without objection, unjust hardship to sacrifice the interests of a few for the benefit of a very will stand approved. large majority; that the supposed benefits accruing to this country in its added proportion of the 38,000,000 of trade with Jamaica will not compensate it IBRIGA.TION ON THE GILA. RIVER, ARIZONA.. for the loss inflicted upon one item alone of California pr0duction; that the California producer is entitled to a protective duty as against foreign com The PRESIDENT pro tempore laid before the Senate a com petition at least equal to the difference in their several freight rates, and that munication from the Secretary of the Interior, transmitting, the American producer should be maintained in his demand for the market in response to a resolution of the 29th ultimo, a letter from the of his own country; and be it Further resolved, That our Senators be instructed to vote against the rati Director of the Geological Survey inclosing a repor·t on the gen fication of said treaty, and that our Representatives in Con$l"ess be requested eral conditions and cost of water storage for irrigation on the Gila to use their influence and best efforts to accomplish its dereat. River, Arizona, for the benefit of the Indians occupying the Gila Resolved, That a copy of these resolutions be telegraphed to the Hon. River Reservation; which, with the accompanying papers, was GEORGE C. PERKINS by the secretary of senate, and that a. copy be trans mitted by mail to each of our Representatives in Washington. referred to the Committee on the Geological Survey, and ordered F. J. BRANDON, to be pr'inted. Secretar'lj of Senate. THE FINANCIAL BILL, Mr. ROSS presented the petition of Selim Newell and sundry Mr. BATE. Mr. President, I shall ask permission to address the other railway mail clerks of St. Johnsbury, Vt.• praying for the 5enate to-morrow at 2 o'clock upon the unfinished business, the enactment of legislation to provide for the classification of clerks financial bill. · in first and second class post-offices; which was referred to the MESSA.GE FROM THE HOUSE, Committee on Post-Offices and Post-Roads. A message from the House of Representatives, by Mr. W. J. ::M.r. LODGE presented sundry petitions of railway mail clerks BROWNING, its Chief Cle:rk, announced thatthe Honse hadpassed of Newton Centre and North Attleboro, in the State of Massachu the bill (8. 2727) authorizing payment of commutation of rations setts, praying for the enactment of legi.slation to provide for the to the petty officers of the Navy who served on detached duty be classification of clerks in first and second class post-offices; which tween March 1, 1898, and November 4, 1899. were referred to the Committee on Post-Offices and Post-Roads. The message also announced that the House had passed a bill He also presented a petition of sundry citizens of Leominster, Mass., praying for the establishment of an Army veterinary (H. R. 6493) for the relief of John Anderson, a Pottawatomie In corps; which was referred to the Committee on Military Affairs. dian, and his adult children; in which it requested the concur Mr. ALLEN presented a petition of sundry railway clerks of rence of the Senate. Beatrice, Nebr., praying for the enactment of legislation to pro PETITIONS A.ND MEMORIALS. vide for the classification of clerks in.first and second class post Mr. PLATT of New York presented a petition of the New York offices; which was referred to the Committee on Post-Offices· and Railroad Club, praying that the International Railway Congress Post-Roads. of 1904 be held in the United States; which was referred to the He also presented the petition of Dr. R. S. Grimes and sundry Committee on Foreign Relations. other citizens of Nebraska, praying for the establishment of an He also presented a petition of the Cigar Makers' Union of One Army veterinary corps; which was referred to the ComCTit tee on onta, N. Y., praying that all the remaining public lands of the Military Affairs. United States should be sacredly held for the benefit of the whole Mr. HOAR presented the petition of William H. Dodge, D. V. S., people and thatno grants to the title of these lands should ever and 102 other citizens of Leominster, .l\Iass., praying for the estab be made to any but actual settlers; which was referred to the lishment of an Army veterinary corps; which was referred to the Committee on Public Lands. Committee on Military Affairs. He also presented a petition of sundry citizens of Holley, N. Y., He also presented a petition of sundry railway mail clerks of and a petition of sundry citizens of Rhinebeck, N. Y., praying South Framingham, Mass., and a petition of sundry railway mail for the establishment of an Army veterinary corps; which were clerks of Lowell, Mass., praying for the enactment of legislation referred to the Committee on Military Affairs. to provide for the classification of clerks in first and second class He also presented the petition of Edmund Wetmore and sundry post-offices; which were referred to the Committee on Post-Offices other lawyers of New York City, praying that better facilities be and Post-Roads. provided for the law library of Congress; which was referred to He also presented a petition of sundry letter carriers of Lowell, the Committee on the Judiciary. Mass., praying for the passage of House bill No. 1051, to regulate Mr. PERKINS. I present a memorial of the legislature of Cali the pay of substitute letter carriers; which was referred to the fornia, remonstrating against the ratification of the so-called Committ.ee on Post-Offices and Post-Roads. reciprocity treaty between this country and the British West India Mr. DA.NIEL presented a petition of the Business Men's Asso Islands, known as the Jamaica treaty. I ask that the memorial be ciation of Newport News, Va., praying that an appropriation be printed in the RECORD and referred to the Committee on Foreign made to continue the work of the Philadelphia Commercial Mu Relation;:,. seum; which was referred to the Committee on Commerce. 1900. CONGRESSIONAL · RECORD-SENATE. 1533
Be also presented a memorial of the Business Men's Association He also, from the same committee, to whom was refened the of Newport News, Va., remonstrating against the passage of bill (S. 752) granting an increase of pension to Isaac W. Comery, House bill No. 5462, regulating pilots; which was referred to the reported it with an amendment, and submitted a report thereon. Committee on Commerce. He also, from the same committee, to whom was referred the He also presented sundry petitions of citizens of Washington, bill (S. 1007) granting a pension to Mary E. Fenn, reported it D. C., praying that an appropriation be made to pay the Freed with· an amendment, and submitted a report thereon. man's Bank depositors; which were referred to the Committee on Mr. TALIAFERRO, from the Committee on Pensions, to whom Finance. were referred the following bills, reported them severally with THE SUEZ CANAL, out amendment, and submitted reports thereon: A bill (S. 2943) granting an increaS'e of pension to James Hol Mr. MORGAN. I present a paper, being a copy of a. conven land; and tion between Great Britain, Germany, Austria-Hungary, Spain, A bill (S. 2942) granting an increase of pension to William France, Italy, the Netherlands, Russia, and Turkey respecting Padgett. the free navigation of the Suez Maritime Canal, signed at Con Mr. SHOUP, from the Committee on Pensions, to whom was stantinople October 29, 1888. I move that the paper be printed referred the bill (S. 716) granting a pension to Susan Buck, re as a document for the use of the Senate. ported it with an amendment, and submitted a report thereon. The motion was agreed to. He also, from the same committee, to whom was referred the REPORTS OF COl'if.MITTEES, bill (S. 207) granting a pension to Mrs. J. J. Van Horn, reported Mr. ALLEN, from the Committee on Pensions, to whom were it with amendments, and submitted a report thereon. referred the following bills, reported them severally with amend Mr. KENNEY, from the Committee on Pensions, to whom ments, and submitted reports thereon: were referred the following bills, reported them severally with A bill (S. 1250) granting a pension to Mrs. Hattie E. Redfield; amendments, and submitted reports thereon: A bill (S. 1251) increasing the pension of Celia A. Jeffers to the A bill (S. 2510) granting an increase of pension to Caroline C. sum of $30 per month; Townsend; and A bill (S. 1254) granting a pension to Catherine E. O'Brien; A bill (S. 1977) to increase the pension of Levi Moser. A bill (S. 1255) granting an increase of pension to James M. Mr. TURNER, from the Committee on Pensions, to whom were Simeral; . · referred the following bills, reported them severally without A bill (S. 2167) granting an increase of pension to Franklin C. amendment, and submitted reports thereon: Plantz; A bill (S. 344) granting a pension to Nancy A. Dowell; and A bill (S. 2351) granting a pension to Joseph W. Skelton; A bill (S. 103) granting an increase of pension to Charles Crit A bill (S. 1194) granting a pension to John B. Ritzman; zer. A bill (S. 1202) granting a pension to Sarah E. Stubbs; and He also, from the same committee, to whom were referred the A bill (S. 1721) granting an increase of pension to Amos H. following bills, reported them severally with amendments, and Goodnow. submitted reports thereon: Mr. ALLEN, from the Committee on Pensions, to whom was A bill (S. 1752) for the relief of James J. Wheeler; referred the bill (S. 2344) granting a pension to Alice V. Cook, A bill (S. 1754) granting a pension to Burton Pa-0kard; reported it with an amendment, and submitted a report thereon. A bill (S. 1758) to increase the pension of Farnham J. Eastman; Mr. BAKER, from the Committee on Pensions,. to whom were and referred the following bills, reported them severally with amend A bill (S. 347) for the relief of Margaret C. McKay, widow of ments, and submitted reports thereon: the late Dr. William C. McKay, of Oregon. A bill (S. 1729) granting an increa.se of pension to Oliver J. He also, from the same committee, to whom were referred the Lyon; · following bills, reported them severally without amendment, and A bill (S. 320) granting an increase of pension to Allen Buckner, submitted reports thereon: of Baldwin, Kans.; · A bill (S. 358) granting a pension to William P. Arble; and A bill (S. 1264) granting a pension to James A Southard; A bill (S. 342) granting a pension to Eleanor McDavitt. A bill (S. 1265) granting a pension to Elender Herring, of Els more, Kans.; THE FINANCIAL BILL. A bill (S. 1266) granting a pension to Jacob Saladin; and Mr. ALDRICH. From the Committee on Finance I report an A bill (8. 1268) granting a pension to Sarah R. Burrell, of amendment to House bill No. 1 as an additional section. Let it Wichita, Kans. be read. Mr. BAKER, from the Committee on Pensions, towhom were re The PRESIDENT pro tempore. The proposed amendment will ferred the following bills, reported them severally without amend be read. . ment, and submitted reports thereon: The Secretary read as follows: A bill (S. 2441) granting a pension to Felix G. Sitton; Amendment to the committee substitute to H. R. L A bill (S. 2203) granting an increase of pension to William Tay Add the followin~ as an additional section: . lor; "That the provisions of this act are not intended to place any obstacles in the way of the accomplishment of international bimetallism, :provided the A bill (S. 755) granting a pension to Hannah.R. Johnson; same be secured by concurrent action of the leading commercial nations of A bill (8. 757) granting increase of pension to William C. Stock the world and at a ratio which shall insure permanence of relative value ton; and )Jetween gold and silver." A bill (S. 477) granting a pension to Levi C. Faught. The PRESIDENT pro tempore. What is the request of the Mr. BAKER, from the Committee on Pensions, to whom was Senator from Rhode Island-that the amendment be printed and referred the bill (8.1985) granting an increase of pension to Eliza lie on the table? beth Foster, reported it with an amendment, and submitted a Mr. ALDRICH. Yes. report thereon. The PRESIDENT pro tempore. It will be printed and lie on Mr. WETMORE, from the Committee on the Library, to whom the table. was referred the bill (S. 2667) to establish a library post, asked to Mr. WOLCOTT. I desire to give notice that on Monday next, be discharged from its further considE1ration and that it be referred when the financial bill comes up at 2 o'clock, I shall ask leave to to the Committee on Post-Offices and Post-Roads; which was address the Senate on the bill and on this amendment. agreed to. :Mr. STEWART. When the routine morning business is con Mr. PERKINS, from the Committee on Fisheries, to whom was cluded, I should like to make a few remarks, occupying not more referred the bill (S. 2438) to establish a fish-hatching and fish sta than ten minutes, in regard to the financial bill and especially in tion in the State of West Virginia, reported it without amend regard to the amendment just reported. ment, and submitted a report thereon. BILLS INTRODUCED. Mr. PLATT of Connecticut, from th~ Committee on Finance, to whom was referred the bill (8. 392) to pay the General Marine Mr. BERRY introduced a bill (S. 2999) for the relief of the Insurnnce Company of Dresden the sum of $1,434.12 for certain Prairie Presbyterian Church, of Washington County,Ark.; which coupons detached from United States bonds, which said coupons was read twice by its title, and refened to the Committee on were lost on the Cunard steamship Oregon, sunk at sea March Claims. 14, 1886, rAported it with an amendment, and submitted a report Mr. PROCTOR introduced ,a bill (S. 3000) granting a pension thereon. to Ed ward 0. Porter; which was read twice by its title, and, with Mr. GALLINGER, from the Committee on Pensions, to whom the accompanying papers, referred to the Committee on Pensions. was referred the bill. (S. 2880) granting an increase of pension to Mr. LODGE introduced a bill (8. 3001) for the relief of Bertha Caroline B. Bradford, reported it without amendment, and sub M. Schimmelfennig; which was read twice by its title, and re mitted a report thereon. ferred to the Committee on Pensions. He also, from the same committee, to whom was referred the . He also introduced a bill (S. 3002) granting a pension to Wesley bill (S. 2432) granting an increase of pension to James A. Thomas, Reed; which was read twice by its title, and referred to the Com reported it with amendments, and submitted a report thereon. mittee on Pensions. 1534 CONGRESSIONAL RECORD-SENATE. FEBRUARY 6,
Mr. NELSON introduced a bill (S. 3003) to amend an act en proprfation for support and civilization of Nez Perce Indians in titled" An act to authorize the Grand Rapids Water Powe;r and Idaho from $1,000 to $2,500, intended to be proposed by him to Boom Company, of Grand Rapids, Minn., to construct a dam the Indian appropriation bill; which was referred to the Com and bridge across the Mississippi River," approved February 27, mittee on Indian Affairs, and ordered to be printed. 1899; which was read twice by its title, and referred to the Com He also submitted an amendment ex.tending to July 1, 1901, the mittee on Commerce. time in which settlers may make payments for lands on ceded Mr. PLATT ot New York introduced a bill (S. 3004) granting Indian reservations purchased with the condition annexed of an increase of pension to James ;H. Stevens; which was read t'\vice actual settlement, intended to be proposed by him to the Indian by its title, and referred to the Committee on Pensions. appropriation bill; which was referred to the Committee on In He also introduced a bill (S. 3005) removing the charge of deser dian Affairs, and ordered to be printed. tion from the military record of Edward S. Conkling; which WllB read twice by its title, and referred to the Committee on Military AMENDMENTS TO THE FINANCIAL BILL. Affairs. Mr. CHANDLER. I ask to have printed an amendment which He also introduced a bill (S. 3006) for the relief of J.B. Cornell I intended to offer to House bill No. 1, and which I ask may be and others; which was read twice l:>y its title, and ;referred to the read. · Committee on Claims. The PRESIDENT pro tempore. The proposed amendment will Mr. ALDRICH introduced a bill (S. 3007) for the relief of be read. Thomas F. Tobey; which was read twice by its title, and referred The Secretary read as follows: to the Committee on Military Affairs. Amend H. R. No. 1 by striking out lines 13 to 22, inclusive, on page 10, and Mr. WOLCOTT introduced a bill (S. 3008) for the relief of cer inserting the following: "That the dollar at the standard weight of 25.8 grains of gold nine-tenths tain enlisted men of the United States Army for losses sustained fine or 412l ~rains of silver shall be the unit of value, and all forms of money by them through theft; which was read twice by jts title, and re issued or corned by the United States shall be maintained at a parity of value ferred to the Committee on Military Affairs. with this standard; and United States notes and '.rreasury notes issued under the a.ct of July 14, 1890, when presented to the Treasury for redemp Mr. CHANDLER introduced a _bill (S. 3009) to regulate elec tion, shall be redeemed in gold or silver coin of such standard." trical wiring in t!:ie District of Columbia; which was read twice by its title, and referred to the Committee on the District of Co The PRESIDENT pr-0 tempore. The proposed amendment will lumbia. be printed and lie on the table. Mr. BAKER (by 1"0quest) introduced ,a bill (S. 3010) for the Mr. PETTUS submitted the following amendment; which was benefit of the heirs and legal representatives of John P. Maxwell ordered to lie on the table and be printed: and Huo-h H . .Maxwell, deceased; which was read twice by its Insert at the end of the bill. as a separate section, the following: "SEC. -. Nothing contained in thiS a.ct shall be held or constrried to affect title, and referred to the Committee on Foreign Relations. the present legal-tender quality of silver dollars coined by the United States." Mr. PENROSE introduced a bill (S. 3011) granting an increase of pension to Joel Metz; which was read twice by its title, and re Mr. JONES of Arkansas submitted the following amendment; ferred to the Committee on Pensions. which was ordered to lie on the table and be printed: Ada as a new section the following: He also introduced a bill (S. 3012) to pension certatn soldiers ,'SEc. -. That the. Secretary of the Treasury is hereby directed to have and nonenlisted men who served in the war of the rebellion; printed and to keep on hand United States Treasur:r, notes under a special ac which was read twice by jts title, and referred to the Committee count to be called the ' emergency circulation fund. ' Such notes shaU be full legal tender. Any citizen oi'. the United States shall have the right to deposit on Pensions. · United States bonds, under rules and regulations to be prescribed by the Sec Mr. SHOUP introduced a bill (S. 3013) to appropriate $100,000 retary of t.he Treasur~ and receive from such fund 90 per cent of the face for sinking artesian wells in the State of Idaho; which was read value of such bonds in united States Treasury notes, and shall have the right twice by its title, and referred to the Committee on Inigati'on and at any time within twelve months to redeem such bonds by repaying in United l:itates Treamiry notes the amount so received by him on account of Reclamation of Arid Lands. such bonds, withinterestattherate of il percentperannumon such amount. Mr.WARREN introduced a bill (S. 3014) granting a. pension Failure to so redeem such bonds within the limit. of twelvo months shall op to Matthew Ulen; which was read twice by its title, and referred erate as a forfeiture of such bonds to the United States, a.nd such bonds sha.ll be sold to the highest bidder in the open market, and the bal&nce, after the to the Committee on Pensions. payment of the princip_al of the amount advanced, the interest on the same, t Mr. MONEY introduced a bill (S. 3015) for the relief of the and the expenses, shall be paid to the former owner of such bonds. Any Presbyterian Church of Kossuth, Miss.; which was read twice by moneys received from such sale may be exchanged with other moneys in the Treasury, so that this fund shall consist alone of Treasury notes. The prin its title, and referred to the Committee on Claims. cipal of au sums so advanced when repaid shall be returned to the "emer Mr. McENERY introdJiced a bill (S. 3016) for the relief of the gency circulation fund," and all interest upon such sums shall be passed to estates of Celina M. Wright and Charles G. Wright, deceased; the credit of the Treasury under miscellaneous receipts. "The actual amount of notes held in the 'emergency circulation fund• which was read twice by its title, and referred to the Committee shall never be less than $50,000,000 in excess of any ouU:tanding advances. on Claims. Said fund shall neither be increased nor diminished except in the manner Mr. FRYE introduced a bill (S. 3017) granting an increase of provided." pension to Julia M. Edie; which was read twice by tts title, and, .AMENDMENT OF THE RULES. with the accompanying papers, referred to the Committee on Mr. GALLINGER. In accordance with the notice given.yes Pensions. terday, I present a proposed amendment to paragraph 5 of Rule Mr. PLATT of Connecticut introduced a bill (S. 3018) for the XIV, which I ask shall be read, printed, and referred to the Com appointment of an additional Umted States commissioner in the mittee on Rules. northern judicial district of the Indian Territory; which was read The Secretary read as follows: twice by its title, ~d referred to the Committee on the Judiciary. Amend para.graph 5 of Rule XIV so that it shaU read as follows: AMENDMENTS TO APPROPRIATION l3ILLS. "All resolutions shall be referrell without debate to their appropriate com· mittees, unless the Senate by unanimous consent shall otherwise order." Mr. LODGE submitted an amendment directing the Secretary The PRE$IDENT ppo tempore. Theproposedamendmentwill of the Treasury to pay 998.96 to Capt. B. Tellefsen for expenses be referred to the Committee on Rules, and printed. incurred by him in consequence of a violation of an article of a treaty of commerce and navigation between the United States and ADDITIONAL CLERIC.AL ASSISTANCE. the Kingdom of Sweden and Norway by an officer of the city of Mr. CHANDLER submitted the ' following resolution; which Boston, Mass., intended to be proposed by him to the diplomatic was referred to the Committee to Audit and Uontrol the Contin and consular appropriation bill; which was ordered to be printed, gent Expenses of the Senate: and, with the accompanying papers, referred to the Committee on Resolved, That the Committee on Privileges and Elections be authorized ii Appropriations. to employ additional clerical assistance in connection with the inves~~~ions which said co mittee is authorized to make, at a cost not exceeding $0(JU, the He also submitted an amendment proposing an appropriation of sa.me to be paid from the contingent fund of the Senate on vouchers approved $2,000 to pay the salary of the consul at Berne, Switzerland, in by the chairman of said committee. tended to be proposed by him to the diplomatic and consular ap propriation bill; which was referred to the Committee on Foreign STATUE OF LAFAYETTE AT PARIS EXPOSITION. Relations, and ordered to be printed. Mr. DEPEW. I desire to call up the joint resolution (S. R. 55) He also submitted an amendment proposing to increase the ap authorizing the President to appoint one woman commissioner to propriation for the saJary of the consul at Chefoo, China, from represent the United States and the National Society of the Daugh $2,500 to $3,000, intended to be proposed by him to the diplomatic ters of the American Revolution at the unveiling of the statue of and consular appropriation bill; which was refeITed to the Com Lafayette at the exposition in Paris, France, in 1900. The joint mittee on Foreign Relations, and ordered to be printed. resolution upon a former day was considered by the Senate and Mr. SHOUP submitted an amendmentproposingtoappropriate went over in ord~r to make inquiry on a question which was $1,600 for current and contingent expenses at the Nez Perce raised here as to whether the French Government would permit Agency, Idaho, intended to be proposed by him to the Indian ap women representatives at the exposition. It has been ascertained propriation bill; which was referred to the Committee on Indian that they will, and that they are to be appointed. Affairs, and ordered to be printed. The PRESIDENT pro tempore. Is there objection to the pres He also submitted an amendment proposing to increase the ap- ent consideration of the joint resolution? 1900. OONGRESSIONAL ~ RECORD-SENATE. 1535
There being no objection, the Senate, as in Committee of the SOUTH AFRICAN REPUBLIC. Whole. resumed the consideration of the joint resolution. Tb,e PRESIDENT pro tempore. Two amendments to the joint The PRESIDENT pro tempore. The Chair lays before the Sen resolution were agreed to as in Committee of the Whole. If there ate a resolution coming over from a former day, and which is be be no further amendments it will be reported to the Senate. fore the Senate by unanimous consent. It will be read. Mr. COCKRELL. Let it be read as amended;. as the amend The Secretary read the resolution submitted by Mr. PETTIGREW ments have been agreed to. on the 2d instant, as follows: The PRESIDENT pro tempore. The joint resolution wjll be Whereas from the hour of achieving their own independence the people of the United St.ates have regarded with sympathy the struggles of other peo read as amended. · ple to free themselves from European domination: Therefore, The Secretary read the joint resolution as amended, as follows: Resolved, That we watch with deep and abiding interest the heroic battle Resolved, etc., That the President may appoint one woman commissioner of the South African Republic against cruelty and oppression, and our best to represent the United States and the National Society of the Daughters of hopes go out for the tun success of their determined contest for liberty. the American Revolution at the unveiling of the statue of Lafayette and the presentation of a tablet for said statue at Paris, France, in 1900, and at the Mr. PETTIGREW. I ask that the resolution be laid over, as exposition then to be held. there is no opportunity~ I see, to speak to it this morning, on That said commissioner shall not be entitled to receive compensation for account of other notices. I ask that it may go over without preju any services rendered in connection with this mission. dice. Mr. COCKRELL. I move to strike out the last clause of the The PRESIDENT pro tempore. The Senator from South Da joint resolution. kota asks unanimous consent that this resolution may lie over, The PRESIDENT pro tem_pore. Does the Senator from Mis retaining its place. Is there objection? The Chafr hears none, souri move to strike out the words which were placed in as an and it is so ordered. amendment, "and at the exposition then to be held?" THE FINANCIAL BILL. Mr. COCKRELL. No; what I want is to so amend it that this representative "\\-ill receive the same compensation that others re Mr. STEWART. Mr. President, I desire to call up for a few ceive, and to place her on an equality with the others. momen ts the financial bill, to make a few suggestions to my friend The PRESIDENT pro tempore. The amendment will be read. from Rhode Island with regard to his new movement, or that of The SEC.RETARY. Strike out the words: the Committee on Finance. The amendment of which he gave That said commissioner shall not be entitled to rooeive compensation for notice this morning to the financial bill reads as follows: any services rendered in connection with this mission. That the provisions of this act are not intended to place any obstacles in the way of the. accQ.Jllplishment of international bimetallism, pronded the The PRESIDENT pro tempare. Will the Senate agree to the same be secured by concurrent action of the leading commercial nations of amendment of the Senator from 14is~ouri? the world and at a ratio which shall insure permanence of relative value be· The amendment was agreed to. tween gold and silver. Mr. POCKRELL. When the question of the money necessary I suppose any ratio will do that. Whatever ratio the nations of to carry on this exhibit was before the Committee on ..\I>J>ropria the world fix, that would be the relation. The legal relation is tions the question was raised about a.woman's e:Jhibit. We exam always the commercial ratio between gold and silver. ined and ascertained that there was no exhibit which would be in But what I wish more particularly to call attention to is the charge of women alone, and in consequence qf that no provision declaration in the amendment that there is no intention to inter was made specifically for that kind of an exhibit. fere with international bimetallism by this bUI. The bill makes Now I understalld the President intends to appoint a lady as all the obligations of the Government payable in gold. Would one of the commissioners, and I doubt not the French Govern not that be something of an obstacle? If you are going to treat ment will not object to that. That being the intention of the with other nations, our obligations are now payable in either gold President, I see no impropriety in passing the joint resolution as or silver. We have been in a position where our obligations were it is. I understand that the President will appoint one or more payable in either gold or silver, but when you tie our hands then ladies on the commission, and this joint resolution is to designate we can not treat, for you make our obligations payable in gold. one lady for a specific purpQse. You adopt the gold standard in so many words, and then you say The joint resolution was reported to the Senate as aIPended, you !lave no intention of interfering with bimetallism. and the amendments were concurred in. It reminds me of a story I once heard. Whether it is true or The joint resolution was ordered .to be engrossed for a third false is immaterial; it illustrates the point. There was an old reading, read the third tim~, and passed. · Quaker on board the Constitution. They wanted to make him fight, but he would not fight. But when the British came to climb HOUSE BILL REFER~ED, up the sides of the vessel he took a IParline spike and struck them Tlie bill (H. R. 6498) for the relief of Johll Anderson, a Potta on the fingers and knocked them down into the water, andhe said, watomie Indian, and his adult children, was read twice by its " Oh, I don't mean to hurt thee; I trust thee can swim!" And he title, and referred to the Committee on Public Lands. kept pounding away. Now, they do not wish to hurt bimetallism, but they by legisla TRANSACTIONS BE~WEEN TREASURY DEPARTMENT AND BANKS, tion place it beyond the possibility of ever being reached if this The PRESIDENT pro tempore. The Chair lays before the Sen bill becomes a law. To offer such an amendment to such a bill ate a resolution coming over f:rom a previous day, which will be when they say they do not intend to do what they are doing, it stated. seems to me, is trifling with the subject. I am willing to treat The SECRETARY. A resolution by Mr. ALLEN, providing fo.r a the whole subject seriously, but to put such an amendment on the special committee to make a thorough and cotnplete investigation bill is presuming too largely on our ignorance. of all dealings and transactions between the Secretary of the Treas The Senator from Rhode Island must know that the amendment ury or the Treasury Department and the National City Bank and is trifling with the question. He ought for his own credit to t}le Hanover National Bank of New York. etc, withdraw it. Mr. ALDRICH. I move to refer the resolution to the Commit ORDER OF BUSTh""ESS. tee on Finance. The PRESIDENT pro tempore. The morning business is con Mr. SPOONER. I ask the Senator to let that motion go over cluded. until to-morrow. I wish to make some reply to the speech of the Mr. CAFFERY. Mr. President- Senator from Nebraska [Mr. ALLEN], and I do not wish to inter Mr. HANSBROUGH. I should like to call up a bill on the pose it before the Senator from Louisiana [Mr. CAFFERY] shall Calendar. have finished his speech. He is ready to go on. Is that course Mr. CAFFERY. I had the :fl.oar yesterday evening and am agreeable to the Senat01· from Rhode Island? ready to proceed for the purpose of concluding my remarks. Mr. ALDRICH. Certainly. Mr. HANSBROUGH. I ask unanimous consent for the con The PRESIDENT pro tempore. The Senator from Rhode Island sideration of a bill similar to one that has heretofore passed the can enter his motion and have it lie over. · Senate several times. It will give rise to no debate. I am very Mr. ALDRICH. That is my purpose, to have it lie over, with anxious to get it through. out losing its place, until to-morrow morning. Mr. CAFFERY. I should like to know if I have the floor? Mr. ALLEN. That is entirely agreeable to me, provided I can The PRESIDENT pro tempore. The Chair thinks that under have an opportunity to reply to the Senator from Wisconsin if I what took place when the Senator left the floor yesterday he ougbt deem it advisable. to be entitled to it. So he rec0eCJ'Ilizes the Senator from Louisiana. ?tfr. SPOONER. I have no doubt the Sena.tor will deem it ad Will the Senato1· from Loul.siana yield to the Senator from North visable and I know he will have an opportunity. Dakota? Mr. ALLEN. I have no doubttheSenatorwHlsaymanythings Mr. CAFFERY. For how long, may I inquire of the Senator that will be worthy of my consideration. from North Dakota? The PRESIDENT pro tempore. Is there unanimous consent Mr. HANSBROUGH. I do not desire to interfere with the th~t the motion may be entered and that the resolution shall lie Senator from Louisiana. over, retaining its place? The Chair hears Il.One, and j.t is so or Mr. CAFFERY. My rnmarks will be brief this morning. dered. Mr. HANSBROUGH. I simply desire to call up a bill that has 1536 CONGRESSIONAL RECORD-SEN.ATE. FEBRUARY 6,
heretofore passed the Senate two or three times. I am sure it will POLICY REGARDING THE PHILIPPINES. not lead to any debate; but I do not desire to interfere with the Senator from Louisiana. Mr. CAFFERY. Mr. President, when I concludedmy:remarks Mr. CAFFERY. If it will not lead to any debate, I am willing y~sterday afternoon I had reached a point where I proposed to to yield. discuss the facts bearing upon our relations with the Philippine The PRESIDENT pro tempore. The Senator from Louisiana Islands, but I will now leave that branch of the subject and take yields to the Senator from North Dakota for the purpose of call up certain opinions of eminent men bearing on the subject which ing up a bill. I have discussed and lay them before the Senate. Yesterday I was unable to find the quotation from Mr. Webster BRIDGE AT DRAYTON, N, DAK. which I propose to lay before the Senate. I have now obtained it, Mr. HANSBROUGH. I ask the Senate to proceed to the con and will read it. It is an extract from a speech of Mr. ·webster sideration of the bill (S. 160) to authorize the construction of a on the "Objects of the Mexican war,"found fo his works, yolume bridge across the Red River of the North at Drayton, N. Dak. 5, page 300. That extract is as follows: There being no objection, the Senate, as in Committee of the Arbitrary governments may have territories and distant possessiQns, be Whole, proceeded to consider the bill, which bad been reported cause arbitrary governments may rule them by different laws and different from the Committee on Commerce with amendments. systems. Russia may rule in the Ukraine and the provinces of the Ca11casus The first amendment was, in section 1, page 1, line 3, to strike and Kamtschatka by different codes, ordinances, or ukases. We can do no out "trustees" and insert "council;" in the same line to strike such thing. They must be of us, part of us, or else strangers. out" town" and insert "city;" in line 8, after" Almeron,'' to in If the great name of Mr. Webster can in argument as counsel sert "or Grant;" and after those words to strike out "street" and in a case before the Supreme Court be quoted in opposition to insert "streets;" so as to read: these views, I submit that when that great statesman, feeling the full weight of responsibility upon him for his utterances upon That the council of the city of Drayton, county of Pembina, Sta.teof North Dakota, be, and are hereby, authorized to construct and maintain a pontoon such a question, addressed the Senate of the United States, more bridge and approaches thereto across the R-ed River of the North, between weight ought to attach to those utterances than to those of an ad· the State of North Dakota and the State of Minnesota, extending from the vacate in the discharge of his duty to his client. The position of foot of Almeron or Grant streets in said town of Drayton to a point opposite, in the State of Minnesota.. Mr. Webster is that arbitrary governments have no place in our system; that we can not rule by different systems than our own The amendment was agreed to. these distant possessions. Russia may rule the Ukraine and the The next amendment was, in section 1, page 2, line 2, to strike provinces of the Caucasus, but, according to Mr. Webster, we can out" trustees" and insert" council;" so as to read: only rule according to our own system and our own laws. Said bridge shall be constructed so as to provide for the passage of wagons Our Constitution is not so elastic as even that of England, and vehicles of all kinds, animals, and foot passengers, and for all road travel, where unlimited power resides in the British Parliament. The for such reasonable rates of toll and under such rules and regulations as may be prescribed by said council and approved from time to time by the Secre British Parliament can rule India under arbitrary sway, or rule tary of War. any of its colonies under arbitrary sway; but, Mr. President, it is to be observed that in the rule of England, justified under her The amendment was agreed to. system, ·that arbitrary sway never extends to people who have the The next amendment was, in section 3, page 2, line 25, to strike force and the ability to resent it. She is trying it now in the out the word "trustees" and insert "council;" on page 3, line 1, Transvaal, and she is trying it at her bitter cost. to strike out "town" and insert "city;" and in line 2 to strike I now quote an extract from the speech of Mr. Charles Sumner, out ''town" and insert" city;" so as to read: of Massachusetts, on the subject of the ratification of the treaty Provided, That said draw shall be opened promptl;t, upon reasonable sig between Russia and the United States in the acquisition of Alaska. nal, for the passage of boa.ts a.nd rafts; and said council of the city of Drayton shall maintain, at the expense of the said city, from sunset to sunrise, such This extract is very instructive. I read from his speech, thus: lights or other signals on said bridge as the Light-House Board shall prescribe. · But there is one other point on which I fl.le my caveat. This treaty must not be a precedent for a. system of indiscriminate and costly annexation. The amendment was-agreed to. Sincerely believing that republican institutions under the primacy of the The next amendment was, in section 3, page 3, line 12, to strike United States must embrace this whole continent, I can not adopt the senti ment of Jefferson, who, while confessing satisfaction in settlements on the out "town" and insert "city;" so as to read "said city of Dray Pacific coast, saw there in the future nothing but "free and independent ton." Americans," bound to the United States only by "ties of blood and interesti" The amendment was agreed to. without political unity. Nor am I willing to restrain myself to the princip e so tersely expressed by Andrew Jackson in his letter to President Monroe: The next amendment was, in section 4, page 4, line 2, to strike "Concentrate our populatfon, confine our frontier to proper limits, until our out "town" and insert "city;" and in the same line to strike out country to those limits is filled with a dense population." But I can not dis '' trustees " and insert ''council." guise my anxiety that every stage in our predestined future shall be by nat The amendment was agreed to. ural processes without war, and, I would add, even without purchase. The~ The next amendment was, in section 5, page 4, line 20, after the is no territorial aggrandizement which is worth the price of blood. word ''reserved," to strike out the remainder of the section, in the That, sir, is a stinging commentary upon the forcible annexa= following words: tion of the Philippines. This great man announces the doctrine that no territory is worth the price of blood, and the blood of our An<\ the right to require any changes in the said structure or its entire removal at the expense of the owners thereof, whenever the Secretary of soldiers and the blood of the Filipinos will forever ensanguine the War shall decide that the public interests so require, is also expressly re annexation of those islands, and vast seas will not wash out the served. bloody spots. The amendment was agreed to. Only under peculiar circumstances can it become the subject of peculiar contract. Our triumph should be by growth and organic expansion m obedi The bill was reported to the Senate as amended, and the amend ence to "preestablished harmony," reco{{Ilizing always the will of those who ments were concurred in. are to become our fellow-citizens. All this must be easy if we are onlr, true 'rhe bill was ordered to be engrossed for a third reading, read to ourselves. Our motto may be that of Goethe "Without haste, without rest." Let the Hepublic be assured in tranquil liberty with all equal before the third time, and passed. . the law, and it will conquer by its sublime example. - PUBLIC BUILDING AT SELMA, ALA. Is there any equality under the law contemplated in the resolu Mr. PETTUS. Mr. President- tions before the Senate or in the treaty of Paris itself? The politi· The PRESIDENT pro tempore. Does the Senator from Louisi cal status and the civil rights of the Filipinos are reserved for the ana yield to the Senator from Alabama? determination of Congress. Now, sir, if they did not contemplate Mr. CAFFERY. I do, if there is no objection to the bill, and an inequality of political status and civil rights, why insert that if it is a short one. reservation in the treaty? Why turn over to Congress the settling Mr. PETTUS. By the courtesy of the Senator from Louisiana of the political status of those people? What do they mean by I ask the unanimous consent of the Senate for the present consid "poiitical status?" Do they mean that those people a.re not ipso eration of the bill (S. 1174) for the erection of a public building at facto citizens of the United States by the very acquisition of the Selma, Ala. territory? If so, they stultify themselves. Citizenship is an in There being no objection, the Senate, as in Committee of the ternational fact as well as a national fact. The nations of the Whole, proceeded to consider the bill. It directs the Secretary of world will consider those people citizens of the United States; the Treasury to purchase or otherwise provide a site and cause to and the United States Constitution embraces them within its be erected thereon a substantial and commodious building, with folds, and this notwithstanding their coming in is involuntary. fireproof vaults, for the use and accommodation of the post-office, More happy than Austria, who acquired possessions by marriage, we shall and for other Government uses, at Selma, Ala. The building acquire them by the attraction of republican institutions: thereon, when completed upon plans and specifications to be pre "Bella. gera.nt alii; tu, felix Austria, nube; viously made and approved by the Secretary of the Trea.sury, shall Nam qum Ma.r-s a.liis, da.t tibi regna Venus.," not exceed in cost Sl00,000, including cost of site. The famous epigram will be just as applica.ble to us, inasmuch as our ac The bill was reported to the Senate without amendment, ordered quisitions will be under the sanction of wedlock to the Republic. There may to be engrossed for a third reading, read the third time, and passed. be wedlock of a people as well as of a prince. Meanwhile our first care should 1900. CONGRESSIONAL RECORD-SENATE. 1537 be to improve and elevate the Republic whose sway will be so comprehen discussion in this body as to whether or not .Aguinaldo is a liar? sive. Plant it with schools, cover it with churches, fill it with libraries, make it abundant with comfort, so that poverty shall disappear; keep it constant There are facts that can not be controverted that make him an inf.he assertion of human rights. And here we may fitly recall those words ally; and why go into r..ny investigation of the point whether Ad of antiquity, which Cicero quoted from the Greek, and which Webster in our miral Dewey in terms accepted him as one? He was an ally; he day quoted from Cicero, "You have a Sparta; adorn it." rendered us important services; he drove the Spaniards from the We have an America. Let us adorn it. Let us not encircle the country and cooped them up in the fortified towns; and the testi brow of Columbia with a bloody wreath. Let rather a garland mony of two most intelligent explorers sent out by Admiral Dewey of sweet roses, as an emblem of peace, encircle her noble brow. himself, Ensign Sargent and Lieutenant Wilcox, is to the effect This quotation breathes the very spirit of the Declaration of In that Aguinaldo had established a complete de· facto government, dependence and the elevatingprinciples of the Constitution of the with full control of Luzon; that quiet and order obtained every United States. We should take no country without the will and where where hehad jurisdiction; that he administered the ordinary consent of the people in it. We should acquire no territory by affairs of government, and that the Filipinos gladly welcomed his blood. We must adorn and elevate our Republic by our sublime leadership and gladly enrolled under his banner. example and by the dissemination of our institutions abroad. Mr. President, that creates a state of facts which rendered the Let the territories that come to us come to us in loving wedlock. Filipino government such that it could have been recognized as Let them be married to our institutions, and let them be of our an independent republic. They had control of that whole island, household, willing and obedient members of our household, who except the city of Manila, and with all its territory, with armies will help us in our endeavors toward a higher and higher ideal of organized, with a government organized, with administration of liberty and development. the law, with all the civil departments of government in full and ls that the case with the Philippine Islands, Mr. President? active operation. Then Aguinaldo's government, or the govern Here we have been warring for more than a year-terrible war, ment of the Filipino people, was a de facto government. It had terrible devastation, blood and ruin and havoc everywhere-in every muniment of a government; it possessed title to recogni defiance of the principles announced by this distinguished and tion more than the Cubans did, whom we recognized as belliger illustrious man. ents by a resolution of this body. The Cubans did not have so Mr. President, I am glad, and I rejoice, that Massachusetts has good a title as the Filipinos had after the cooperation of Agui here upon this floor a worthy successor of Webster and of Sum naldo was accepted and after Aguinaldo had established this gov ner. I am glad that he announces the principles of the Declara ernment. Let Aguinaldo be what he may, let him be what his tion of Independence and the principles of our Constitution as enemies depict him, let him be everything that his friends say of applicable to those people. I am glad that he stands foremost in him, it has not anything to do with the fact that the government our ranks as the champion of human liberty and the guardian of established there was in full possession of the territory of Luzon, constitutional right and constitutional law. except the fortified town of Manila, and the Filipinos themselves . I shall but briefly touch the facts bearing upon our relations rendered willing obedience to the ·sway of that government, what with the Philippines, both past and present. These facts have ever it was. It does not make any difference whether that gov been run over to such an extent and with so much care by the ernment was a military despotism or whether i! was a free repub Senator from South Dakota [Mr. PETTIGREW] that it would be a lic, it was that sort of a go~ernment that the Filipinos at· that useless work for me to undertake to supplement his labors. period wanted; it was that sort of a government which they ac It appears that in 1896 a revolution started in the Philippine cepted; it was that sort of a government to which they gave their Islands under the leadership of Aguinaldo• . That revolution had consent. proceeded to such an extent that the Spaniards were driven to Then what occurred? After inviting his cooperation, through their fortified towns on the seacoast, and the insurgents held the General Anderson, who was the first military commander in balance of the territory. When the position became analogous to charge, our authorities became chary of any recognition of Agui that of Cuba, when the insurgents could not drive the Spaniards naldo. A change had come over the spirit of the dream of our from their fortified towns, nor the Spaniards defeat the insurgents rulers. From wanting a. coaling station only in Luzon, our cov in the country, a compromise was entered into. The Spanish etous eye seemed to take in the whole of the Philippine group, the Government made a compromise whereby the deportation of the island of Luzon, the Visaya.s, and the Sulu group. The gaudy leaders of the insurrection was agreed on, and Aguinaldo and cer bauble of empire was held up as a coveted prize, and we grasped tain of his followers were paid $800,000 for leaving the country, at it. From the moment that this insidious and pernicious idea· so that things could settle down. They left. But a part of the seized possession of the American mind in high places, from that agreement was that the Spanish Government would grant certain very moment we commenced treating Aguinaldo as an insurgent. · reforms to the Filipinos; that they would give them representation When he demanded a parley and a cessation of hostilities, he was in the Cortes; that they would provide for them an autonomous told that the war having commenced, it must go on to the grim government to a large extent; that they would reform the abuses end. Every step in the prpgress since that time has been military that had crept into the church and grant other reforms which I domination; every step has been marked by blood; every inch of do not now recall. the territory of the island of Luzon has been traveled over by Aguinaldo retired to Hongkong. Four hundred thousand dol armed men, until the American forces have virtually destroyed lars of money was left in a bank in Hongkong as security that the the insurgent army and scattered it into roving bands. Spaniards would comply with their promise. They did not com It is said now that we must change the term from that of ply. That money was used by Aguinaldo subsequently, and in "insurgents" to that of "banditti." Why give them the name of tended to be used by him all the time, for the purpose of raising insurgents, Mr. President? Why go out of our way to say that another insurrection and for the purpose of again commencing they are rebelling against the authority of the United States if hostilities against the Spaniards. While he was in Hongkong they are not citizens of the United States? How is it that we can Admiral Dewey sunk the Spanish fleet. Hearing of this, Agui hold these people as insurrectionaries against our authority when naldo hastened to Singapore, and there he had a conference with they are hanging in mid-air, neither Filipinos nor Americans? I' Consul Pratt, and from that point-I will not now go into the propounded the question yesterday whether or not these people, · conversations between him and Consul Pratt, for it is not neces if not citizens of the United States, were anything. That ques sary-from that point Consul Pratt sent a telegram to Admiral tion has been revolving in my head for some time. I can not ten · Dewey, informing him that Aguinaldo was present at Singapore for the life of me what the imperialists hold the Filipinos to be. and desired to go over to Manila to help the American forces. A If _they are insurrectionists, then they are in insurrection against· telegram was received from Admiral Dewey to the effect, substan the authority of the Constitution of the United States; then they tially, of inviting Aguinaldo to come. He came with thirteen of his are citizens of the United States; then they are under the juris staff. Immediately after landing he commenced to organize the diction of the United States, and they have all the privileges and · insurrection in cooperation with our military commanders. His immunities of citizens of the United States. cooperation was invited by General Anderson, and accepted. He I will, without reading-for I do not desire to take up the time was armed by Admiral Dewey; his assistance was accepted; he of the Senate to any great extent, and I have occupied too much surrounded Manila; he cooped up the Spaniards within the walls of it already-introduce various extracts from Senate Executive of that city; he got up an army, according to the official state Document No. 62, showing the various facts which I have briefly ments of our consul, of about30,000 men. With those 30,000 men narrated, and some letters from the Outlook. They are the cor- · he drove the Spaniards out of any control whatever of the inte respondence between our consuls and the State Department and rior. Those are the facts up to that point. the letters of Messrs. Sargent and Wilcox. I take these letters to It is asserted by Admiral Dewey that he never mentioned inde be authentic and true. They were introduced by the Senator pendence to Aguinaldo; that he never employed him as an ally or from Massachusetts [Mr. HOAR J as an appendix to his remarks, engaged him as an ally. It was known that Aguinaldo, from re and I teel warranted m introdncmg them as proof of the assertions • peated expressions of his, was fighting for the independence of the I have made. Filipino people; and whether Admiral Dewey accepted him in Mr. HOAR. They were indorsed by Admiral Dewey. terms as an ally or not, he did so in fact, and the whole American Mr. CAFFERY. Yes, sir; they were sent out by Admiral Army accepted him in fact as an ally. Why quibble about words Dewey himself, and their statements were indorsed by Admiral . when facts speak stronger than words? Why go into an unseemly Dewey as being full and satisfactory, giving a more complete
XXXIlI-97 1538 CONGRESSIONAL RECORD-SENATE. FEBRUARY 6,
description of the islands, their inhabitants, and their condition, Since beginning this filspatch I lea.rn of the desertion to the insurgents of both military and civil, than was contained in any other report another entire regiment. '.rhese are said to be the severest setbacks received by Spain during the two years' insurrection here. up to that time. On Friday morning, March 25, a church holiday, a meeting of natives was The papers refe1Ted to are as follows: be~ng held near my consulate in Manila, the natives being unarmed. The CONSULAR REPORTS ON PHILIPPINE AFFAIBS. buililip.g was surrounded by police a.nd military, the meeting broken up, 12 nativea wantonly shot to death. several wounded, and 62 ta.ken prisoners. Mr. W illianis to Mr. Cridler. Saturday morning, March 26, the 62 prisoners were marched in a bOdy to the No. 9.J CONSULATE OF THE Uz.."'ITEn STATES, cemetery a.nd shot to death, although it was shown that several were chance Manila., Philippine islands, F ebruary n , 1898. pa.sse.rs-by or employees in ships adjoining, not being in attendance at the Srn: Without specific instructions it seems my duty at this critical period meeting. to inform the Washington Government somewhat as to political conditions lt was cold comfort to the widows and orphans of innocent men to have here. But as I have been here less than a month vigilance has not overcome Spanish officers preStlnt them the mangled corpses of husbands and fathers. a.11 difficulties, and the rigid censorship of the pres.q in general and the sup Such horrors, but usually on a. smaller scale, but at times attended by pression of such publications as uttered the truth have made news gathering greater disregard for modern rules of war, occur almost daily, and the piteous onerous. cry goes up, "Will it ever stop?" I have before me a lengthy dispatch giving dates of many warlike and J?O· The Crown forces are now building a cordon of small forts on city's out litical matters. with rumors, observations, and conclusions, but deem it WlS0 skirts for defense against provincial natives, who are expected to soon at to write more briefly to-day, to bide events and wait specific instructions tack Manila. In fact,two detectives and one messenger have come to me from you. this e-yenin~ with informati<;>n t~at attack was ~o be made to-night, and every Peace was proclaimed, and since my coming festivities therefor were held; body is awaous, as 8,0UO native msurgent soldiers are encamped only 5 miles but there is no peace, and has been none for about two ·years. Conditions away. here and in Cuba are practically alike. War exists, battles are of almost The insurgents seem to lack arms and organization, but, so far as I can daily occurrence, ambulances bring in many wounded, and hospitals are full. learn, outnumber the Spanish forces and inhabitants 20 to L Arms are being Prisoners are brought here and shot without trial, and Manila is under mar obtained and organization slowly effected, and all classes fear the near fu tial law. ture. It is said that the ouly reason why Manila has not been taken and bun;ied is because a vast majority of its population is in perfect accord with The Crown forces have not been able. to dislodge a. rebel army withln 10 the msurgents. miles of Manila, and last Saturday, February 19, a battle was there fought Because of anxiety among Americans and my wish to keep in reach of all and 5 dead left on the field. Much of such information is found in my longer demands, I keep the consulate open double hours and on all holidays and dist>atch, referred to, and which is at your command. 8undays, with biggest flag flying, so any needing a refuge may find it. The Governor-General, who is amiable and popular, havin~ resigned, wishes credit for pacification, and certain rebel leaders were given a cash ]3arba.rities are reported as daily practiced, Ruch a.s placing prisoners and bribe of $1,650,CXX> to consent to :public deportation to The only church permitted here is the Roman Catholic., and its interfer will remove all discord and danger, and civil government, crude in the be2'in ence with the Government, its intolerance, immorality, and despotism are nin~, but better than the present, will be easy and be well received, wliile perhaps the greatest bar to progress in these islands. native priests of which there are many, can fully and with perfect accept From consensus of opinion received from men of several nationalities, from ability meet ah religious requirements so far as present established religion oldest foreign residents, from natives, Chinese, and a few Spaniards, I believe is concerned. that of the Philippine people. estimated at 15,000,000, not 5 per cent are loyal All natives, all foreigners other than Spanish, and certain Spaniards in to Spain. mercantile and retired life will aid us to every extent. The people crave a. Bnt officials and priests, the leeches of the people, are in a.uthorit~. have change of flag. Hence I believe ample assurances are at h.a.nd that civil gov money, influence, and cunning, s~ that the natives and half· breeds (Chinese ernment by us will be easy of organization and gratefully received by the and European) are more or less controlled. people. · Durin_g the period when war between the United States and Spa.in was My communications to yonr Department are, these war days, supra con expected. which seems happily now to be disappearing, I daily heard the as sular, but on other lines I endeavor to serve our fleet and thus serve our na surance that the natives, half-breeds, Chinese merchants, and such Spaniards tion. as were in business were all ready to welcome our fleet, fight with it to hoist All rejoice over the merited promotion of our commodore to the rank of over these islands the United States flag, and swear allegiance to it; and rear-admiral.. but every man of the fleet proved a hero, and it seems as if the once done, all interests here would thrive, be settled and happy. shleld of Providence warded off the enemy's shot, leaving onr men unharmed, I have daily felt it a duty to inform you, but for n~a.rly the entire period our ships :i.nd guns intact, and gave us the most important and unique vie- • of my incumbency every odd honr of day and many of evenings have been tory of history. given to inspection of forts, arsenals, and battle ships in order to fully inform The student of the next century will read with pride that the rightarmof Commodore Dewey at Hongkong. Spain was broken at the battle of "Manila Bay," and from this must come And because his means of commnnlcation with Washington were better the acquisition of these islands, many times more extensive, more populous, than my own, I have trusted all to him. Another fact, I have not had money and more valuable than Cuba, or else their capture will force Spain to condi to cable Commodore Dewey as asked, but needed to borrow for it. tions of peace on basis of honor, so much sought by our nation. Fortunately. I have been well every hour, so that by double hours at the I have, etc., consulate. and by keeping it open, with flag flying on holidays and Sundays, OSCAR F. WILLIAMS, the Americans have felt sure of a refuge if trouble came, and threats were United States Consul, freely made that all Americans would have their throats cut. I have not dared to folly trust the post-office or telegraph company, as letters and cables have been freely tampered with, and hence have, until to-day, sent Mr. W&Uiams to Mr. Day. much mail by private messengers to Hongkong, and have received mail the Special] U. S. S. BALTIMORE, same way. CONSULATE OF THE UNITED ST.ATES, To-day's mail being returns and accounts, etc., and having no chance to M.U.'l:LA. BA-Y, OFF CA.VITE, send to Hongkong, all was mailed here. This will be sent by messenger to Manila, Philippine Islands, May ~4, 1898. China. Now bubonic plague exists at Hongkong. and q aarantine here delays ships, SIR: I have the honor to report successful efforts on the -part of the and Governor-Genera.I has ordered that ships take no passengers from these insurgents of these islands in preparation for more successful war against islands. Spain. By discoveries here and by a plan devised, I have saved the Unit-ad St.ates Officers have visited me during the darkness of night to inform the fleet Treasury in two months nearly double the amount of my salary, and each and me of their operations. and to report increase of strength. year hereafter it will be saved $200 from one item alone. At a conference with General .Aguinaldo, the head of the movement, I was My hotel room has been searched, and, I believe, my consulate also, and told that they had now above 4-,5001\:f:auser rifles taken from the Spaniards, friends have daily called to ad vise me to seek safety in hiding or in flight; and had also abundant ammunition. Until the present they have been but I have not shared their fears sufficiently to leave a post at which you had fatally crippled in these respects. expectations that 1 would remain and perform every loyal duty to yonr De Last week Major Gonzales captured two buffalo cart loads of rifle ammu partment and to our Government. nition from the Spaniards. To-day I executed a power of attorney whereby · All officials have treated me well except one underling, whose head I General Aguinaldo releases to his attorneys in fact $400,000, now m bank in threatened to smash, and with a return of cordiaUty between nations I shall Hongkong, so that money therefrom can pay for 3,000 stand of arms bought ma.kt\ all official calls a.new, as I have-but just received my exequatur from there and expected here to-morrow. Madrid. · The same sources informed me that about 37 000 insurgents stand ready to My work for the commodore now lighter, I shall prepare reports on Philip aid United States forces, and General Aguin~do's hea capture may be effected, so far as the fleet's part is concerned, without the Beginning and progress of the revolution (from Captain Green's testiniony Joss of a man or the disabling of a vessel. Rear-Admiral Dewey only awaits before the Paris commissioners). troops to insure order and good government once we are in possession. We An insurrection had been in progress from August, 1896, to December, fear the city may fall too soon. For this reason Admiral Dewey asked me 1897. Unable to suppress it, the Government made a written treaty with to remain ;here, where he could command such service as I may be able to the insurgent leaders, paying them a large sum of money and promising to render in event of his ta.king the city. . introduce various reforms on condition that they would leave the country. I expect that on July 4 we will celebrate in Manila under the folds of "Old Hardly had the Spanish officials recovered from this when the appa.lling dis Glory," and write in hving letters a page of history that this magnificent in aster of the destruction of their fleet occurred under their very eyes. sular empire has become a part and parcel of the United States of America. Then followed in rapid succession the naval blockade, the arrival of the I have the honor, etc.; insurgent leaders from Hongkong, the raising of an insurgent a1·my, which OSCAR F. WILLIAMS, blockaded Manila on the land side, and finally the American troops. At the United States Consul. end of one hundred and four days after the destruction of the Spanish fleet the city surrendered to a combined land and naval attack of the American Mr. Oridler to Mr. Williams. forces. On the day after the CRJ;>itulation the American commander in chief issued his proclamation establJShing a military government, appointed a No.18.) WASHINGTON, August#, 1898. military governor, a minister of finance, a collector of customs,collectorof • SIR: I have to acknowledge the receipt of your special dispatch of the 16th internal revenue,J>ost:master, and judge of the provost court; took poesession of June last, copy of which bas been sent to the Secretary of War and the of all public funds (about $900,000) and all public offices, and as rapidly as Secretary of the Navy. Your course, while maintaining amicable relations possible put this governm1>nt in operation. · with the insurgents, in abstaining from any participation in the adoption of . The machinery of the Spanish Government was thoroughly disorganized their so-called provisional government, is approved. when we entered Manila. The courts of justice, except the inf~rior criminal Respectfully, yours, courts. had not been in session since early in May; the officials had been cut THOS. W. CRIDLER, off from communication with the other islands and with Spain for over three Third .Assistant Secretary. months; there had been no customs to collect, and owing to the entire sus pension of business, but little internal revenue; a forced loan of $2, headman (cabeza); also in ea.ch pueblo three delegates-one of police, one of and the movements of troOJ.>.S show great ability on the pa.rt of some leader justice, and one of taxes. These were to constitute the junta or assembly, ! do not say it was necessarily Aguinaldo, but he gave the directions. and after consulting the junta the chiefs of pueblos were to elect a chief of The CHAIRMAN: province and three councilors-one of police, one of justice, and one of taxes. They were also to elect one or more representatives from each province to Q. How many men did he get to~ether? form the revo!utionary congress. A. His forces went around the city, taking the waterworks and the north This was followed on June 20 by a decree giving more detailed instruc part of the city, and running up the railroad. I asked that question of sev tions in regard to the elections. On June 23 another decree followed chang eral, and the opinions differed widely-all the way from 8,000 to 30,000 or in~ the title of the ~overnment from dictatorial to revolutionary and of the {(),000 men. chief officer from dictator to president; announcing a cabinet, Wlth1 a minis Q. Do you think he had as many as 8,000 men before the surrender? ter of foreign affairs, marine, and commerce, another of war and public A. Yes, sir; the environment of the city took a great ma.nymen. There is works, another of police and internal order, justice, instruction, and hygiene, a. vast extent of country there, including the waterworks and running around and another of taxes, agriculture, and manufactures; the powers of the presi the city, and they certainly had to have more than that to do so. dent and congress were defined, and a code of military justice was formu Q. How many arms did Dewey turn over to them? lated. A. I never knew exactly. I asked him that question., and he said a very On the same date a manifesto was issued to the world explaining the rear few. sons and purposes of the revolution. On June Z7 another decree was issued Q. Where did they get the rest of their arms? containing instructions in regard to elections. On August 6 an address was A. Some captured from the Spanish, some brought to him bv deserters, - issued to foreign governments stating that the revolutionary government and there were some shipments of arms from Hongkong-I believe Americans '!8:S in operation and contr<:>l in 15 provinces,_and that in re!3Ponse to the pe brought them in-and they have lately taken some to Bata.nga.s, in the south tition of the dulf elected chiefs of these provmces an a~peal is made for rec ern pa.rt, and have taken some new Maxim guns in there too. ognition of belligerency and independence. Translations of these various Mr. GRAY: documents are all appended, marked B, C, D, E, F, G, and H. Q. To the insurgents? In the province of Cavite and that portion of the province of Manila out A. Yes. side of the city and its suburbs which was occuP.ied by the insurgent troops, Q. Since the capitulation? as well as those of the United States, their military forces, ~litary head A. Yes. They changed thenameofavesselandused it. She had had aLu quarters, etc., were very much in evidence, occupying the principal houses zo~ name, the Pasig. anq they changed it to the Abb-!J. Dewey ~ent down and and churches in every village and hamlet, but there were no signs of civil seized the boat, anu the msurgents followed to Mamla. BaY., hopmg to reclaim government or administration. It was reported, however, that Aguinaldo's it. In other respects their demands, from their roint of view, have not been agents were levying taxes, or forced contributions, not only in the outside unreasonable, and show a proper appreciation o the status. . _ · villages, but (after we entered Manila) by means of secret a~ents in the mar ket places of the city itself. At Aguinaldo's headquarters, m Bacoor, there STATEMENT RESUMED. ; we:r:e signs of activity and business, and it was reported that his cabinet offi The day after the surrender (August 13) four representatives of Agui cers were in constant session there. Aguinaldo himself never failed to claim naldo called on General Merritt, who assured them in general terms that "we all the prerogatives due to his alleged position as the de facto ruler of the a.re the friends of the Filipinos." At that time they occupied a portion of country. Manila. We soon demanded that they should give that up, to which Agui The nation to which they all turn is Americ,a, and their ideal is a Philip naldo's representative agreed, but in seeking confirmation from him the con pine republic under American protection, such as they have heard is to be dition wa.s.~de that in case.we gave up.the country they should be restored granted to Cuba. But when it comes to defining their ideasof protection and to the po81tions then occupied and which they had taken greatly by their the respective rights and duties of ea.ch under it-what portion of the gov own merits. However, matters have been amicably settled. Aguinaldo's ernment is to be administered by them and what portion by us; how the rev headquarters a.re at Ma.lolos, 23 miles up the railroad. His troops control all enues are to be collected, and in what proportion the expenses are to be di the settled part of the island (except Manila), as well as much of the south vided-they have no clearly defined ideas at all; nor is it to be expected that ern country. they should have, after generations of Spanish rule, without any experience The CHAIRMAN: in self-government. ~· ~~t do you mean by the "southern country "-those islands below? The United States Government, through its na. val commander, has to some extent ma.de use of them for a distinct military purpose, viz, to harass and Their conduct to their Spanish prisoners has been deserving of the praise annoy the Spanish troops, to wear them out in the trenches, to blockade of all the world. ~ith hatred of priests and S{>aniards, f!llrly held on ac Manila on the land side, and to do as much damage as possible to the Spanish count of the conditions before narrated, and w1th every Justification to a Government prior to the arrival of our troops; and for this purpose the Ad savage mind for the most brutal revenge, I have heard no lD8tance of torture, miral allowed them to take arms and munitions which he had captured at murder, or brutality since we have been in the country. Cavite, and their ships to pass in and out of Manila Bay in their expeditions The CHAIRMAN: - against other provinces. But the Admiral has been very careful to give Aguinaldo no assurances of recognition and no ~ledges or promises of any de Q. Did you ever talk with Admiral Dewey a.bout his relations with Agui- scription. The services which Aguinaldo and his adherents rendered in -pre naldo? . paring the way for attack on Manila a.re certainly entitled to consideration; A. Yes, sir. He read me a copy of his dispatch in answer to the one in but,after all, they were small in comparison with what was done by our own wJ:Uch he is asked th~ question whether ~eh~ made any promises, and he fleet and army. said he had not. A~naldo went down with his conference, without doubt.i ~d!~o ~=o.:lr~n~ed armed people to cross the bay and join him ana Bradford's testimony before Peace Commission at Paris. Q. Did he furnish him any arms? Q. What do you know of the disposition of the natives beyond Luzon? A. He says not, except the few furnished them from Ca.vita. Foreman, in A. Only what I read. · . · his article, makes the statement that he has a treaty with Aguinaldo and I Q. Do you know that this in.surrection is confined to the island of Luzon? went one morning and left the article with the Admiral to read, and he'said it A. No,sil'. was not true. · .. Q. It has been? · Q ..This relat~on-:what.ever Admiral Dewey did-took place before he got A.. The Spanish have never bad full control of the southern islands of the th~fe~~ch of mqm.ry from the Navy Department-some time before? group. . · Q No one has ever bad control of Mindanao and the other islands except Q. How far does the Admiral say he encouraged Aguinaldo? • the Mohammedan natives there; they have never submitted to any civilized A. Id~ not thin~ he says be gav~ him any encouragement, except that he government? _ rather dissuaded him from returnmg to Hongkong when he was discouraged. A. The Spaniards have suppressed piracy in the Sulu Sea. Q. Did you get that statement from Dewey~ Q. But the natives have never submitted to the Spaniards? A. Yes. ~guina.ldo was rather discouraged when any of the people failed A.. No, sir; I believe not, outside of certain fortified toWD.S. to come to hlS banner on the first day. That dispatch also included a. state ment that he knew well the Filipinos and the Cubans, and that the Filipinos Mr. FRYE: were a far superior people-I think that was in that dispatch; it was in one. Q. I would like to ask just one question in that line. Suppose the United Mr.FRYE: States in the progress of that war found the leader of the present Philippine Q. Were they of material assistance to us? · rebellion an exile from biscountryin Hongkong, and sent for him and brought A. Very great. If the protocol had not been signed, I think the Spanish at him to the islands in an American ship, and then furnished him 4,000 or 5,000 home would have insisted upon their army doing something. They dismissed stands of arms and allowed him to purchase as many more stands of arms in Augustin because he was not disposed to fight, and I think if they had not Hongkong, and accepted his aid in conquering Luzon, what kind of a nation, bad this experie-nce of having been driven back into the city and the water in the eyes of the world, would we appear to be to surrender Aguinaldo and cut off, so even that Ja.udenes said be could not remove his noncombatants.i his insurgents to Spain to be dealt with as they please? the Government would have insisted on his making a fight, and he coula A. We become responsible for everything be has done; he is our ally, and have made a very good onei for his position was strong, if they had anr fight we are bound to protect him. in the.mat all. But every place had been taken from them by the Filipinos, Their inefficiency (and the creditable work of the insur~ents as well) is who managed their advances and occupation of the country in an able further proved by the fa.ct that they were driven by the natives from Ca.vita manner. twenty-odd miles into the defenses of Manila, with never a successful attack, never a capture of arms or men. All the success was on the native side, and The CHAIRMAN: yet the Spaniards surrendered between 7,000 and 8,000men, well armed, plenty Q. The insurrection had been ended in December, 1897, by an arrangement of ammunition, and in good physical condition. The excuse of the latter may under which money was paid in Hongkong and certain reforms promised. be that their enemy was in small bands; but they never captured one of Were these promises ever carried out? these, and the small bands drove them to their walls. Jaudenes, the acting A. Not at all, and Primo de Rivera stated lately in the Cortes that he never Captain-General, in reply to Merritt and Dewey's notice to remove his non made any. I was surprised .at reading that statement. combatants, acknowledged that the insurrectionists surrounded the city, and STATEMENT RESUMED. that he could not move women, children, etc., out. (His fear and solicitude about the natives enterin~ the city when I received the surrender of Manila I talked with Spanish prisoners at Tarlac, an important military station were almost painful to witness.) This admission demonstrates as well the on the line of_ the railroad, and they said that they had had good treatment military ability shown. by the Filipinos, whose characteristics I will now enu- only. The wives o~tw_o officers had lately visited-their husbands in jail (one merate. · at Dagupan, 123 miles north), and gave same testimony. Aguinaldo, in a. Aguinaldo went to Cavite, under the permfasion of Admiral Dewey, in reply letter of August 1 t,o our late consul at Manila, Mr. Willia.ms, said: "Say.to to a telegram sent by Spencer Pratt, esq.• our consul-general at Singapore, the Government at Washington that the Filipino people abominate savagery· who offered that chief money for his expenses. The offer was declined. that in _the _midst of ~h_ei;i:past misf~rtunes they have lea.med to love liberty: After arrival (on one of our ships) he went a.shore, accompanied by 13 staff order, Justice, and civil life." I believe the natives to be brave (under good officers. to organize his army; but no adherents a.Ppea.red the first day,_ and leadership), most tolerant of fatigue and hunger, and amenable to command Aguinaldo, rather discouraged, meditated returnmg to Hongkong. I tnink and discipline, if justice and fair dealing rule. They are very temperate, as Dewey advised him to make another effort, at the same time saying that he most of the natives of the East are. I have never seen a drunken one, and must leave the public buildings at Cavite, where he had made h!s headquar this with the example of our soldiers, whom they imitate in everything else; ters. Soon, from across the bay and from all sides, men gathered. The fact very quiet, no loud quarrels, very good house servants and cooks. · that Dewey permitted the armed men to move from the surrounding districts * * * * * . * · * . and for the rebels to take arms (not many, says the Admiral) in the arsenal And now comes the vital question, What is to be done with these islands; was the only help w~ gave him, excepting, of course, the most important de and if we hold them, what form of government is to prevail? Whatever struction of the Spanish navy. From that time the military operations and grave doubts one may have as to colonial extension on the pa.rt of America, the conduct of the insurgents have been most creditable. Positions taken we have gone too far, either by design or chance, to recede. It can not be 1542 CONGRESSIONAL RECORD-SENATE. FEBRUARY 6, denied that we owe it as a duty to the natives and to humanity that the worth in our money or in gold. That trip was most interesting, but I have islands should not be restored to Spain (even if they were., they could not be stated most of these things in my little story. We were the first officers held for a year). Any division of them is absolutely impracticable. This who had been anywhere in the island outside the immediate environs of would induce constant friction, the ruin of Manila as the great commercial Manila. center; the important products would be shipped direct from the southern The next Sunday, in company with a member of one oft.he chief mercan islands and goods sent directly there in exchange. One owner must hold the tile houses and the senior British medical officer at Hongkoll,g, Colonel Evatt, whole country and prescribe uniform duties a.nd government. we went up the River Pasi~on the launch of the former. We went up about I will digress here to say that the British at Manila, at Hongkong, Singa 28 miles to the laguna. Paixanang would have been better to see, but time pore-all over the East-are more than anxious we shall hold the islands. would not permit. We went to Banos, a health resort. '!'here is an enor There is such a contrast in the expression of good will and admiration of our mous tract of land on the laguna on the market, held by the priests. They country with the feelings of only a few years ago. It seems to me that every wish to sell it for $1,'i00,000. It is an enormously productive country. You day for the last six weeks some Englishman has said to me in the strongest pass cascos loaded with cocoa.nuts and enormous quantities of nipa. thatching terms, "There should be an Anglo-American alliance." They speak in the for roofs. At this time I was collector of the pm·t, and during this time I warmest terms of praise and surprise at our moderation, absence of looting, heard all sorts of expressions, and I think I had a very fair opportunity, thefts, and every kind of outrage after the taking of Manila. Strange that bein~ amused with the natives and studying their peculiarities, to form a they should make so much of a thing which, to our officers and people, fair Judgment._ I stand a little isolated in my opimons, however, perhaps. seemed so obviously the proper and necessary thing. A few days before the Men so quickly dismiss the native~ from their minds as simply "niggers" surrender some British and other merchants and bankers came to our trans and ''sava~es," but when you think of all they have done :yon must give ports, asking from General Merritt safeguards, or the assurance of protec them credit for great capacity. I think there is a very good authority on tion for the houses and persons of foreign residents.. this subject, Sir Frank 8wettenham, of the British Straits Settlements cvl I assured Mr. Wood, at the head of one of the largest houses (Smith, Bell ony, from whom I have a letter written to Mr. Pratt, our consul at Singa & Co.), that they were in no danger. Noticing a look of incredulity, I said: pore. Sir Frank Swettenham has written a very clever book of local stories- "Yon don't believe me?" "Well, I think the men gettin~ away from their Mr. DA.Y: officers will take possession of the spirit shops and comnut outrages." I re plied: "It is not possible; it is not in accord with the temper of our people. Q. Does he live in the Philippines? If you will consider our civil war, where after the terrible losses, running A. No, sir; in the Straits Settlements in the Ma.lay Peninsula. His letter over four years, no punishment of a single person or appropriation of prop is as follows: I erty was made, you may believe that we shall behave in no other way as the CA.ROOSA, SELANGOR, MA.LAY PENINSULA, OctoberfS, 1898. result of this little affair.,, I doubt if anything has inspired so much the DEAR Ma. SPENCER PRATT: I send you all I have at present available. It respect of foreigners for us as this, which seems to me so natural a thing. may be all you want. To take all the islands and ignore the natives would be impracticable and The Philippines are Malays, with more intelligence, more education, more unwise. courage, perhaps, than their confrfilot's in the Peninsula. On October 25 I went, in the company of H. L. Higgins, general manager of In one sense they would be easier to govern, because thef have been for the Manila Railway. Limited, to Malolos for an interview arranged the day many years in contact with white men and understand their ways. More before with Aguinaldo. I found bis headq_ua.rters were in a very nice house, over, the majority are not Mohammedans. ten minutes' drive from the railway station; a guard of twenty or thirty sol· But, on the other hand, they have aspirations for political institutions and diers in the courtyard below. the management of a.ffa.ira withont the necessary experience, perhaps with We were soon ushered by one of his officers, who spoke English, to the out the essential qualities, to secure success. waiting room upstairs, and I met Buen Camino, a. wise-looking counselor, I should say that our experiment in tho Malay Peninsula. might be success whom I met at Ayuntamiento the day after the fall of Manila.. -Ue carried fully repeated in the Philippines, provided that the controlling power made us to the presence of the insurgent leader and :president, who was dressed, it clearly understood at the start that they meant to control and not only to contrary to bis usu.al daily garb, in a. black smoking jacket, of low-cut waist advise and educate. coat and trousers, both black, large white tie-in fact, the evening dress com If that point were never in doubt, and the means of enforcing authority mon at our clubs and during the summer. were in evidence for a short time, the rest wonld be easy, and I firmly be Bnen Camino left us. I started the talk by announcing to Aguinaldo that lieve the results would surpass all anticipations. I was to leave in a. few days to appear before the Peace Commission, and that Yours, sincerely, I had a very friendly feeling for the Filipinos and admiration for many of FRANK SWETTENHAM. their good qualities. their quiet, cleanliness, temperance, and great imitative power, and a possibility of learning almost any profession or business; that . [From speech of Senator Hoar, J:i.nuary 9, 1900.] 1 would like to be able to present to the commission his and bis people's At Ayarri I witnessed a ceremony which at the time I considered preg views and demands and what relation they expected to hold to the United nant with significance. and I have seen no reason since for changing my opin States in case we decided to keep the islands. ion. Durin~ our entire journey we had noticed the existence of a distmct A(Plinaldo replied, rather naively, that his people were divided into two civil and military government. The civil government was simple and effi parties-those in favor of absolute independence and those of an Amerfoan cient, consisting of four officials for each province and fonr for each town. protectorate; that the parties a.re about equal; that he is waiting to see who The military government consisted of an officer in command of a military will have the majority, in that case t.o take his position. I pointed out to him district, having under his orders one officer as military governor of each that it would probably be useless to try to bring those in favor of absolute province and one as governor of each important town. The military govern independence to any change of opinion, but the'Y must consider that they a.re ment was the dominant one. We remarked on this condition several times, without any navv and without capital, which is greatly needed for the de and were told that it would last only during a state of war. At Aparri velopment of the.country; that the Philippine government a.lone did not pos we received proof of the sincerity of this statement. Word had been re sess the element of strength to insure the retention of the islands without ceived from Hongkong that our commissioners at Paris, negotiatin.Jf the the assistance of other ~overnments. They would be at the mercy of any of half a dozen powers striving to takeeither a part or the whole of the islands, terms of the treaty of peace, had plainly indicated that it was thell' in and they mnst consider that their greatest prosperity would come by the tention not to return the islands to Spain. Relieved from their great ap prehension of this action~ .the Filipino population began at once to see rosy gradual accession of power under American auspices. visions of peace descena.ing on their war-torn country. Steps were im He said: "Bnt the civilized nations of the world would see that our 1>0S mediately ta.ken to adjust existing conditions to the new state of things. sessions were not ta.ken from us." I replied: "How has it been in China, Colonel Tirona, the governor of the nortb.:ia.stern military district, took where England, Russia, France, Germany, etc., all strive to control terri the lead by relinquishing the control of affairs in the provmces comprised tory?" To this he could rilake no reply. I further asked what that side in his district in favor of a civil official chosen by the people. I was pres· would expect America, acting the role of protector, to do. He said: "To fur ent at -the impressive ceremony which solemnized this change in the J.>rov nish the navy, while the Filipinos held all the country and administered civil inca of Cagayan. The ceremony t.ook place in the cathedral at Aparr1 and offi('es with its own people." "And what then would America get from this," was attended by all the local officials of the towns of the province, as well said I. "That would be a. detail," he said, "which would be settled here as by any military officers that could be spared from their duties. Colonel after." Tirona placed the usual insignia of office-a gold-headed cane-in the hands I asked how far they controlled Luzon and other islands. "Almost en of the governor-elect at the close of a short speech, in which he said that tirely," he said. That the different bands, little by little, were expressing now that a state of peace seemed probable he desired to divest himself of the their desire to join him. The Igorrottos had sent in some of their leaders unusual authority that it had been necessary for him temporarily to exer the day before and were acting with him. That he had had three represent cise and to assume his propel' position as a servant-not a ruler-of the peo atives from Doilo within a few days on the same mission. ple. The governor, in reply, expressed his thanks to the Colonel and to all We pursued all this subject of a. protectorate for some time without get of the expeditionary forces fortheincalculableservicetheyhadrendered the ting a.ny nearer any satisfactory result. Mr. Higgins felt that Aguinaldo people of the province in 'freeing them from Spanish rule and declared the had been simply repeating a lesson, but I did not feel so sure of that. He said purpose of the people to expend the la.st drop of their blood, if necessary, in that he had had many Americans to interview him, most of them reporters, I defending the liberty thns gained against the encroachments of any nation fancy, and he had al ways told them the same thing. Thereupon I stated that whatsoever. The governor then toOk the oatli of office, being followed in this was quite a different case. "I am ordered, as an officer of the United turn by each of the three other provincial officials, the heads of the depart States Army, to proceed to Paris and give evidence on points whic.n may be ments of justice, revenue, and the police. It was the Colonel's intention to o! vital interest to you." After that his tone was different. Buen Camino have a. similar ceremon7 performed in each of the other provin('es under bis retnrned, and Aguinaldo reported to him eve!11hing he had said to us. After control. Had the Filipmo government been allowed to work out its own sal a little talk between the two, Bnen Camino said he, and he was sure the pres vation, this movement could hardly have failed to become hist.oricaL ident, was in favor of an American protectorate, and seemed to approve the At Apparri we saw proof also of the extent of Aguina.ldo'sa.nthority. Four suggestion that we should have the nucleus of an army; that liis peol>le natives had been tried for robbery a.nd attempted murder and had been sen should be joined to it, filling the places of minor officers; and the :possibility tenced to death. At the time of our visit they were awaiting the arrival and the ho~e within a few years that they should fill the most important from Malolos of the ratification of their sentence by the president. civil and military functions. Everywhere we traveled the greatest loyalty toward Aguinaldo was ex Bnen Camino said I could be certain that if a protect.orate were granted pressed. Now, at the time of his reverses, it is possible, though I am far that they would do their best to have it accepted by their people on the lines from convinced, that he represents but one element of his people; then, in that I have stated, agreeing with me fully that t.o hold one island and giving bis prosperity, he certainly represented them all-at least in northern Luzon. the others to other powers would be most unfortunate, and not to be con At that time the enthusiasm of the people wa.q tuned to the highest pitch. sidered In every village every man wa.s trajmng in arms. Companies were formed They expressed pleasure at my having come to them, feeling that they had of boys from 8 years of age upward. Wooden guns were furnished them, been rather neglected by the Americans. ' This I dictated hastily just after the visit, and it does not give the impres and the.Y. were drilled systematically every day. The women also were im sion which the interview left upon me-a great desire for our_protection, for bued with the spirit. Many and many a time have the people of a village gathere'il in the larg~ room of the "presidencia," where the paymaster and the improven..ent of their people materially and intellectually, the wish to I were quartered, and put their whole hearts into the songs in which their send their young people to America for education. patriotism found vent. Of these songs the national hymn was the favorite, Mr. GRAY: and no one within hearing ever failed to. join in the chorus: Q. What sort of looking people are the insurgents? Del sueiio de tres Siglos A. They are somewhat undersized, are fairly good in appearance, are Herma.nos despertadl brave, will stand any runount of hunger and hardship\ and._, well led, would Gritando, "Fuera. Espana! be very good soldiers. The country on the line of railroaa. is divided into Viva. la. libertadl" four parts or zones. There was one General Maca.bulus, whose headquarters were at Tarlac, and it was said that Aguinaldo rather dreaded bis popularity (From your sleep of three centuries, and wanted to transfer him. There was good feeling between them, how Brothers a waK:e 1 ever, and he sent down by Rig~ $36..000 as a contribution. This was Mexi Crying. "Away with Spain! can, of course. In all my talk it will be of Mexican dollars, about 47 cents' Live libe1·tyl ") 1900. OONGRESSIONAL RECORD-SENATE. 1543 (FJ:om The Outlook, September 23, 1899.] Now, sirJ if these people are citizens of the United States and THE MILITARY FILIPINO. are, as the Senator from Indiana stated and as the report of the . [By Leonard R. Sargent.] Schurman commission states, utterly incapable of self-govern The J>rovisional government which assumed control of Filipino affairs in ment, what are we going to do with them? Are we going to tol Luzon Island after the downfall of the Spanish power was a military one. erate for all time a rule beyond the Constitution, deriving its The president of the so-called republic was general of the army and had at source and power only from the Congress of the United States? his command all the forces of the state, while military officers filled the high positions throughout the provinces. It was continually asserted by those in Is not that abhorrent to the doctrine laid down by the distin·· power that this disposition of the control of affairs had been resorted to guished men of the past, the dead statesmen of bygone years? merely to tide over the existing emergency and that it should continue only Does not this distinguished man from Massachusetts, Mr. Sumner, until the establishment of a permanent peace. As long as it remained in force, however, the concentration of power was absolute, and, moreover. no say that the will and consent of the people must be had first before change of government could be contemplated without the cooperation of the we can take them into constitutional wedlock? Can the Constitu controlling class.. In the event of peace the population hoped to see the reins tion of the United States em~race in its holy arms such people as of government placed in their hands, but if opposition were offered, they cer taiilly had not the power to seize them. The military class controlled the reside in the Philippine Islands? Can we take head-hunte1·s, po situation, and with it, in great measure, the destiny of the people. Accoi-d lygamists, savages, slaveholders, who for all time will be incapable ingly as they were actuated by motives of patriotism or of personal ambition of our government, and make them citizens of the United States? · they could. if unmolested, inaugurate a just and liberal government or they could set upon the galled shoulders of their race a yoke as cruel as that they They are citizens if we take them; and if they are incapable of ever had just cast off. coming up to the forms of our Government, the very best of states It will never be known how they would have stood this crucial test. The manship, the very best of humanity, the ve17 best of regard for peace they bad anticipated is further from them now than ever, and it has been decreed that a stronger power should relieve them of the responsibility our own interests and our own institutions require us to get rid of the vital decision. Yet they have not been deprived of imi:>orta.nce. They of them. still retain the official voice of their people, and it is with them that our I am willing to get rid of them at any moment. I do not want nation is now at war. In view of their preeminent position in Luzon affairs, some accomplished gentleman from Ohio, or from any other State, . past, present, and future, some interest must attach to every observation of their character, especially to such as tend to show to what extent they repre I will say to my friend the senior Senator from Ohio, to be sent sent the feelings and aspirations of the great mass of the Filipino population, over there as the proconsular agent of Congress, appointed by the and in what measm·e they have at heart the truest interests of their race. Executive, to govern the head-hunters and the polygamists and The leaders of the military element have been drawn, almost without ex ception, from the yonn~r generation of that enlightened class of Filipinos the slave owners of that country. I do not want them to be of which I have SJ>Oken ID a previous article as existing everywhere through American citizens, as I think they must be if we take over that out Luzon Island. They possess, of course, many qualities in common with territory; and therefore it is that I do not want them, and I do their older kinsfolk, in whose charge they have been reared; and yet they differ from them so significantly on many points as to deserve particular at not think the American people want them. I believe that this tention. The characters of men a.re not set to such rigid lines as to remain question ought to be agitated from now on. I believe that when uncllanged by the sudden attainment of authority, and the Filipino, like his the intelligence of the American :people is thoroughly awakened brother of every other land, assumes a new demeanor with his uniform of office and their consciences quickened on this matter we will drop the Philippine Islands, after having restored the status quo as near as APPENDIX. may be and after having pacified the people and aided them to establish stable governm~nt. [FI·om The Outlook, September 2, 1899.] Certain responsibilities rest upon us, and greater responsibilities THE R.A.CKWOODS FILIPINO. rest upon us after this war, this terrible war of blood and havoc [By 'Leonard R. Sargent.] and destruction. We must see to it that that people are reestab It has been my privilege to be intimately associated with the Filipino people for a short time at a most interesting period of their history. With lished in some kind of a government. We must see to it that the permission of Admiral Dewey I spent the IP:eater part of the mvnths of peace reigns there, and the first signal of peaceful greeting sent October and November of 1898, in company with Paymaster W. B. Wilcox, from this Congress to that people will be the signal of their lay United States Navy, in the interior of the northern part of the island of Lu· zon. It will be remembered that at that date the United States had not yet ing down their arms. You can not reestablish a people on a peace announced its policy with regard to the Philippines. The terms of the treaty basis when you pursue the bloodymethodsof war. It is an utter with Spain were being negotiated by our commissioners at Paris, and the impossibility. Youcan notdoit. It is notinhuman nature; and fate of the islands hung in the balance. In the meantime the native popuJa. tion, ta.king matters into their own hands, had declared their independence if these people are such as they are described to be, mixed races from all fore~n jru-isdiction a.nd had set up a provisional government, with descended from the Spaniard and Malay, revenge is deeply em Aguinaldo at its head. bedded in their nature. A Spaniard is the most noted man in all Although this government has never been recognized, and in a.II proba bility will go out of existence without recognition, yet it can not be denied the world for guerrilla warfare, and the Malays have been distin· that in a region occupied by many millions of inhabitants for nearly six guished for ages for the quality of sullen revenge. months it stood alone between anarchy and order. The .military forces of Mr. President, I have occupied as much of the time of the Sen· the United States held control only m Manila, with its environs, a.nd in Cavite, and had no authority to proceed further; while in the vast remain ate as I desire upon this question. I have not gone into these ing districts the representatives of the only other recognized power on the facts with that industry and systematic care which they deserve, field were prisoners in the hands of their despised subjects. It was the as much for the reason that they have been gone over thoroughly opinion at .Manila during this anomalous period in our Philippine relations, and analyzed completely and exhaustively by others as that my and possibly in the United States as well, that such a. state of a.1fairs must breed something akin to anarchy. time has been occupied in other directions to such an extent that I can state unreservedly, however, that Mr. Wilcox and I found the exist I was not prepared to do so. The main facts, however, I think I ing conditions to be much a.t variance with this opinion. During our absence have grouped. The main facts bearing upon this situation author from Manila. we traveled more than 600 miles in a. very comprehensive circuit through the northern part of the island of Luzon, traversing a. characteristic ized us before active hostilities commenced to have treated with and important district. In this way we visited seven provinces, of which those people as an independent people. They had more muni some were under the immediate control of th~ central government a.t Malolos, ments of independence than the Cubans, and we declared that the while others were rem9tely situated, separated from each other and from the seat of government by natural divisions of land. and accessible only by Cubans are, and ought to be, a free and independent people, and lengthy and arduous travel. As a. tribute to the efficiency of Aguinaldo's we are estopped to deny, from the facts in Document 62, that the government a.nd to the law-abiding character of his subjects, I offer the fact same declaration could not and should not have been made in that Mr. Wilcox and I pursued our journey throughout in perfect security, and returned to Manila with only the most pleasing recollections of the quiet regard to the Filipinos. Our ways ought to be ways of peace in and orderly life which we founa the natives to be lea.ding under the new dealing with these people. Our Constitution does not, in my regime. opinion, recognize any war whatever of aggression. "Forcible .Mr. CAFFERY. Mr. President, it occurs to me thattheinfinHe annexation," in the language of President McKinley, "is criminal pains taken to show that the Filipinos are not American citizens aggression." It was true then and it is true now, and I would to are due to the fact that if we can hold them outside, beyond the God he had followed a course indicated by the expression of that pale of the Constitution, then we can protect certain home mdus noble sentiment. If forcible annexation is not what we are at tries against the competition of the products of those islands. tempting in regard to the Filipinos, it is difficult to say what it That appears to me to be one cause, if not a very great cause. It is. They, with arms in their hands, resent our attempt to impose has been alleged that this war was undertaken for commercial our Government upon them. With only one further remark I greed. I do not ·believe it. I would be loath to believe, Mr. will close. President, that there was any man or that there were any set of The idea seems to prevail in the minds not only of Senators and men in the United States so utterly depraved, so lost to every Members of the other House, but largely throughout the United sentiment of honor and patriotism and humanity, as to undertake States, that as our Government is the best Government in the a war of this character, so disastrous and so destructive, for the world, any people who reject that Government when we seek to mere purpose of commercial greed. impose it on them by force must be subjected to our military and I believe that after the war with Spain was declared certain civil tyranny. No people in the world, however good your Gov parties took advantage of the situation in order to exploit our ernment, desire to take it at the point of the bayonet. Every acquisitions for their personal benefit, but I do not believe that people are entitled to their own government, whatever it may be. the President of the United States or his advisers ever contem Our propaganda is a peaceful one. Our institutions, if more ex plated or projected a war of this kind in order that certain men cellent than those of other nations, will silently but surely find might derive benefit and advantage. That to me is so appalling, lodgment in other lands. It will be triumph sufficient when our that to me shows such utter depravity and inhumanity as to be Republic will by peaceful methods give laws and constitutions to incredible. mankind. War and blood, fire and sword, will not do it, 1544 CONGRESSIONAL RECORD-SENATE. FEBRUARY 6, PUBLIC BUILDING AT SALT LAKE CITY, UTAH. are in violation of the Federal Constitution. The opinion of the Mr. RAWLINS. I ask unanimous consent for the present con Senate on.this legal question will determine whether it will pass sideration of the bill (S. 2198) increasing the limit of the cost of or reject the pending resolution. and the opinion of the Supreme the public building at Salt Lake City, Utah. Court of the United States on this same legal question, when it There being no objection, the Senate, as in Committee of the comes before it,. will determine whether such an amendment shall Whole, proceeded to consider the bill. which had been reported stand or fall. I may add also that it will be this legal question from the Committee on Public Buildings and Grounds with an that will largely determine whether or not the voters of North amendment, in line 6, before the word "thousand," to strike out Carolina will next August adopt the proposed amendment at the "seven hundred and fifty" and insert "five hundred;" so as to polls. I say this, for I feel that I can say on behalf of the voters make the bill read: of North Carolina, regardless of party, that they will not know Be it enacted, etc., That the limit of the cost of the public building to be ingly and willfully vote for a measure that is in violation of any erected at Salt Lake City, in the 8tate of Utah, is hereby changed from provision of the Federal Constitution, even though in their judg $300,000 to $500,000. ment such provision was not wise. I know myself personally The amendment was agreed to. many voters who believe that the adoption of the fifteenth amend The bill was reported to the Senate as amended, and the amend ment was not only unwise. but a great mistake and a grievous ment was concurred in.· error, yet who will vote against the proposed amendment because The bill was ordered to be engrossed for a third reading, read they are satisfied that it is clearly in conflict with our National the third time, and passed. Constitution. . · The people of North Carolina a.re law-abiding. They believe in RIGHT OF SUFFRAGE IN NORTH CAROLINA, dealing in a frank, honest, and candid manner with public ques Mr. BUTLER. I ask that the resolution offered by my col tions as well as with private ones. I believe that a majority of league [Mr. PRITCHARD] may be laid before the Senate. the voters of that State would to-morrow, if the question were The PRESIDING OFFICER (Mr. CHILTON in the chair). The before them, vote to repeal or amend the fifteenth amendment. Chair lays before the Senate the resolution indicated by the Sen But I say it to their honor and to their credit that they have too ator from North Carolina, which will be read. much respect-for their oaths as citizens and too much regard for The resolution submitted by Mr. PRITCHARD January 8, 1900, every law while it remains law to vote for a proposition in violation was read, as follows: oft.he fifteenth amendment as long as that amendment stands. Resolved, That an enactment, by constitution or otherwise, by any State Therefore, the only questions at issue before the Senate and be which confers the right to vote upon any of its citizens because of their de fore the voters of North Carolina are the legal ones which would scent from certain persons or classes of persons, and excludes other citizens because they are not descended from such persons or classes of persons, haT"- be considered .by the Supreme Court if the proposed suffrage amendment should come before it to be tested. What are these ~~;r;la.~lg:ro1~~~~1!~f~~~lt~~Kt~~~na1::e~~:n t~e t~!tititi~~ legal questions? of the United States and of a fundamental Jirinciple of our republican form First. Is section 5 of the proposed amendment unconstitutional of government. in conflict with the fifteenth amendment? Mr. BUTLER addressed the Senate. After having spoken for Second. If the Supreme Court should hold that section 5 is un twenty-five minutes, r constitutional, would it also hold that the balance of the amend . The PRESIDENT pro tempore. The Senator from North Caro ment (which makes a complete and constitutional scheme of lim lina will suspend for one moment while the Chair lays before the iting suffrage) should stand as a part of the organic law. of the Senate the unfinished business, which will be stated. State? The SECRETARY. A bill (H. R. 1) to define and fix the standard These are the questions I propose to discuss. If the law and of value, to maintain the parity of all forms of money issued or the decisions of our Supreme Court show that the answers to both coined by the United States, and for other purposes. of these questions must be in the affirmative, I take it that then Mr. PRITCHARD. I ask that the unfinished business be tem there would not be a man in this body nor a voter in North Car porarily faid aside in order that the Senator from North Carolina olina who would dare support the proposed amendment. may proceed. • WHAT A.RE THE FACTS AND WHAT IS THE LAW? The PRESIDENT pro tempore. The Senator from North Caro Then let us see what the facts are and what the law is. The lina asks unanimous consent that the unfinished business be tem proposed amendment, with the exception of section 5, is admitted porarily laid aside in order that his colleague may conclude his by everyone to be clearly constitutional. The educational quali speech. Is there objection? The Chair hears none, and the junior fication section, which is section 4, is as follows: Senator from North Carolina will proceed. SEC. 4'. Every person presenting himself for registration shall be able to Mr. BUTLER. Mr. President, I have listened attentively to the read and write any section of the Constitution in the English language; and three speeches which have been delivered in the Senate in opposi before he shall be entitled to vote he shall have paid, on or before the 1st day of March of the year in which he I>I'Oposes to vote, his poll tax, as pre· tion to this resolution. I hav~ been surprised that these Senators scribed by law, for the previous year. Poll taxes shall be a lien only on as have devoted the major part of their speeches not to the legal and sessed property, a.nd no process shall issue to enforce the collection of the constitutional questions at issue, but, instead, to a discussion of a same except against assessed property. question that is not at issue and about which there is no conten Now, is this section limiting suffrage to those.who can meet the tion-that is, whether or not the negro is as intelligent and as educational test to read and write constitutional? Clearly so, be capable of self-goveirnment as the white man,, If the proposition cause the States have full power to limit and regulate suffrage, before the Senate were a resolution for the repeal of. the fifteenth except as inhibited by the fifteenth amendment of the Federal amendment, then their speeches would have been more to the Constitution. That amendment is as follows: point. But that is not the question raised by the resolution, nor The right of citizens of the United States to vote shall not be denied or a.bridged by the United States or by a.ny State on account of race, color, or is it the question that confronts the people of North Carolina to be previous condition of servitude. voted on at the August election of this year, nor is it the question The Supreme Court in a number of cases, passing upon this that the courts would consider. question and construing the fifteenth amendment, has definitely The fifteenth amendment, whether its adoption was wise or laid down this principle: A suffrage qualification, to be in ac unwise, is a pa1·t of the organic law of this Republic, and is as cordance with the fifteenth amendment, must operate equally, binding as any other section of the Federal Constitution; and impartially, and uniformly upon both races and upon those for while it so remains it should and must be respected and obeyed, merly free or formerly bond. Thus we see that the fourth section, not only by every State, but oy every citizen and voter; and limiting suffrage to those who can read and write, operates uni furthe1·, it is well known that the highest court of the land, re formly upon both races, and upon those fonnerly free or formerly gardless of what the private opinions of the individual judges bond, and therefore is clearly not in violation of the fifteenth might be as to the wisdom of the fifteenth amendment or any other amendment, but comes directly within the rule laid down by the provision of the Constitution, must and will declare null and void court. If the proposed suffrage amendment in North Carolina any and every enactment of any State legislature or any State had stopped here, there could have been no question as to its constitutional amendment that violates that or any other pro cons titu tionality. vision of the Federal Constitution. . But there is another section which, by an arbitrary provision, THE ONLY QUESTION AT lSSUE. pretends to attempt to create a special privileged ancestral class The resolution now before the Senate, offered by my colleague, and to exempt them from the operation of section 4. It is as fol raises this question as to two States of the Union. The State lows: of Louisiana has already adopted an amendment to its State con SEC. 5. No ma.le person who was ou January l, 1867, or at any time prior thereto, entitled to vote under the la.ws of a.ny State in the United States stitution the open and declared purpose of which was to evade wherein he then resided, a.nd no lineal descendant of any such person, shall the fifteenth amendment to the United States Constitution. be denied the right to register and vote at any election in this State by rea The legislature of the State .that I have the honor in part to rep son of his failure to possess the educational qualifications prescribed in sec· tion ~of this article: Provided, He shall have registered in accordance with resent has submitted a similar amendment to the people of that the terms of this section prior to December 1, 1908. State, to be voted on next August. Now, I submit that the only The genera.I assembly shall provide for a. permanent record of a.11 persons question at issue which will or can be considered by the Senate in who register under this section on or· before November 1, 1008, and all such · passing upon the proposed resolution is whether or not the Loni persons shall be entitled to register and vote at all elections by the people in this State, unless disqualified under section 2 of this article: .Provided, Such . siana amendment and the proposed North Carolina amendment persons shall have pa.id their poll tax a.s required by Ia.w. 1900. CONGRESSI0NAL RECORD-SENATE. ·1545 Now, the question is this: Is this section (known as the "grand ered as the purposes they had in view will always be presumed to be to ac~ complish that which follows as the natural and reasonable effect of their father clause") constitutional? It provides that a citizen who enactments. • could vote on or before January 1, 1867, or whose fathers or Is it possible for anything to be clearer or more to the point grandfathers were then allowed to vote, shall be exempt from the and conclusive than this opinion of the court? provisions of section 4 and permitted to vote, even though unable Again, in Minnesota vs. Barber (136 U.S. Reports, page 313), the to read and write, and therefore not possessing the qualifications court says: required of other voters. Now, does this provision operate equally, In whatever language a ~tatute may be framed, its purpose must be deter impartially, and uniformly upon both races and upon those for mined by its natural and reasonable effect. merly free or formerly boud? If it does not, as the Supreme Court The United States Supreme Court has universally followed the says it must to be constitutional, then clearly it is unconstitutional same rule of construction. I will stop to quote from but one and must fall. more case. THE SUPREME COURT RULES OF CONSTRUCTION. In Henderson vs. The Mayor ( g2 U. S. Reports) the court, The advocates of this proposed amendment boas~ _that its pur using almost the same language I have quoted above, said: pose is to disfranchise all illiterate blacks while not disfranchis In whatever language a statute might be framed, its purpose must be de ing a single illiterate white man. Yet they claim that they have termined by its natural and reasonable effect. so cove1·ed up their purpose in the wording of section 5 that the So I take it that everyone will admit-that should section 5 of Supreme Court of the United States will be unable, from its form, this proposed amendment come before the court, that the court to detect its purpose and effect. Let us see if this is true. We would, of coarse, consider the history that surrounds and is so can best determine what rule of construction and interpretation mingled with the fifteenth amendment and section 5, and would the court would follow in considering such a provision as the pro also consider "the natural and reasonable effect" of that section. posed amendment by referring to the decisions of the Supreme I repeat, Mr. President, that I do not think there is a lawyer in Court in similar cases. These decisions (some of which I will cite this body or in the country that will question that statement. in a few moments) show that in considering questions like the Now, if that is true, and it is true beyond question, then what fol proposed amendment the court would consider, firs_t, the polit lows? ical history of the times that called forth the fifteenth amendment SECTION 5 CLEARLY UNCONSTITUTIONAL. to the Constitution of the United States and section 5 of the pro The court, following these well-established rules of construc posed amendment in North Carolina, and next the court would tion, would necessarily discover that section 5 was plainly obnox consider the effect of section 5 of the proposed amendment and ious to the fifteenth amendment. The court would first inquire, see if its natmal and reasonable effect would be to destroy the Why was the arbitrary date of 1867 adopted? Why not 1875or1880 guaranty against discrimination in the fifteenth amendment. I or 1899? The court would necessarily have to inquire what class of take it that no lawyer familiar with the decisions of our Supreme citizens could vote in 1867 or prior. thereto and what class could Court wHl question that this is a fair and correct statement of not; whose grandfathers could vote then and whose grandfathers the rule of construction and interpretation by which the court bas could not. The answer to this question would bring sharply to in the past been guided and would, of course, be guided in this and the attention of the court the fact that all of that class of citizens all similar cases. who were in servitude, and who, therefore, could not.vote in 1867, AUTHORITIES CITED. are discriminated against by being excluded from the special priv ilege attempted to be conferred by section 5 upon the class that I cite the op1nion of the court, rendered by Chief Justice Mar was not in ser.vitude in 1867. shall in the case of Brown vs. Maryland (12 Wheaton), in support Mr. President, can there be any shadow of a doubt as to what the of my statement as to the rules of construction that the court decision of the court would be when it thus had plainly before it adopts in such cases. the fact that the purpose and necessary effect of section 5 is to Also the opinion of the court in the Dred Scott case, rendered establish an educational qualification for every former slave or by Chief Justice Taney, and~ in addition, every concurring and descendant of a slave while expressly removing this educational dissenting opinion in that case bear out this rule of construction. qualification from practically all others? _It was to prevent this In discussing the constitutionality of Article IV, section 3, sub very thing from being done that the fifteenth amendment was section 2, of the Constitution, the court in th:e latter case said: adopted. If section 5 of this proposed amendment is not in viola A brief summary of the history of the times, as well a.s the careful and measured terms in which the article is framed, well shows the correctness tion of the fifteenth amendment to the United States Constitution, of the proposition. then it seems to me that it would be impossible to violate that . In Bank vs. Fenno (8 Wallace) Chief Justice Chase, in dis amendment. Section 5, as worded, is just as unconstitutional as cussing the meaning of the term" direct tax," said: if it were worded as follows: · Every male person who was a slave or who is the descendant of a slave We are obliged, therefore, to resort to historical evidence and to seek the shall not be allowed to vote unless he can read and write, but all male per meaning of the words in the use and in the opinion of those whose relation sons who could vote in 1867 or whose fathers or grandfathers could vote then to the Government and means of knowledge warranted them in speaking shall not be required to submit to any educa-tional test. with authority. _ . Is there anyone who would contend that this language would I cit.a, in addition, the opinion of the court, rendered by Chief be constitutional? Certainly not. But how does this language Justice Fuller, in the recent income-tax case, as well as the dis differ from section 5? In form only; the purpose of effect of senting opinions, all of which went into long historical disserta both are the same. When this same amendment was before the tions. Louisiana convention, Judge Coco opposed section 5 because, he · In the case of Ha.hns vs. Louisiana Judge Bradley reviews declared, it was clearly unconstitutional. He argued that, inas fully the history that surrounds the enactment of the eleventh much a.s in 1867 only whites could vote, the fifth section, as fai amendment to the Constitution. as its constitutionality was concerned, might as well read: Chief Justice Cooley, the author of Cooley~s Constitutional Limi N.o person shall be denied tberighttovotewhoonJanuaryl,1868,orany tations, in People vs. Harding (53 Michigan), says: date prior thereto, was a white citizen of the State of Louisiana.. In seeking for the real meaning of the Constitution we must take into con· Continuing, he said: sideration the times and the circumstances under which it was framed, the general spirit of the times, and the prevailing sentiment among the people. To my mind the section presents a weak and transparent subterfuge, an Every constitution has a history of its own, which is likely to be more or less unmanly eva.. There have been three of these speeches, and I desire to call at The Senate will remember that when I asked the Senator if he tention briefly to each of them before proceeding to discuss the did not write that letter and if he was not then of the opinion that· legal phases of the other importa:ot question. . the amendment was" grossly unconstitutional" he replied; WhilelthlnkI can saytruthfullythatnotan argumento1· a cita Yes, sir; when the constitutio:i!al convention was in session I was tele tion made by any of them controverts my position, yet I will refer graphed to know what was my opinion of this section 5. I re:{llied to that telegram that in my opinion it was unconstitutional. I then rece1 ved another briefly to the fow cases which they cited and which they claim as telegram, after its adoption, to know if, when it was attacked, I would defend authority to the contrary. it in the Senate of the United States. 'l'o that telegram I replied that I REPLY TO SENA.TOR M'ENERY. would. The Senator from Louisiana [Mr. MCENERY] based his whole So, Mr. President, I take it that the Senator's speech was simply contention, as I understood him, upon the claim t~at section 5 delivered in response to that pledge to attempt to defend the did not discriminate against former slaves because it did not ex "grossly unconstitutional" thing if his State should unwisely clude them from suffrage; but, on the other hand, included an adopt it. other class who bad not been in servitude. His contention, if I REPLY TO SENATOR MONEY. understood him, was that section 4, limiting suffrage to an educa The Senator from Mississippi [l\fr. Mo~EY], if I remember cor tional qualification and applying it to all races alike, was, of course, rectly, cited only one authority in support of his contention that constitutional (which everybody admits), but that when section 5 section 5 is constitutional, and that was the Mississippi case, in comes along and confers a still wider suffrage on a certain class which the Supreme Court sustained the constitutionality of the. none of whom were slaves, that this inclusion, not being exclusion, Mississippi suffrage amendment; but the decision of the court in is not in violation of the fifteenth amendment. I have heard one that case is not in the least in point, but applies to an entirely dif or two other persons make the same argument; not in this body, ferent constitutional provision. What does the suffl·age pro however. Mr. President, with all due respect to the Senator, vision of the Mississippi constitution provide? candor forces me to say that a thinner and more transparent sub I happen not to have an official copy of the constitution of Mis terfuge, a weaker and more untenable argument, was never ad sissippi, and this extract is taken from a magazine article, but vanced by any lawyer in the court-house, even with the :r;nost presume it is correct. · desperate case to defend. I take it that the distinguished Senator It provides that- would not have the courage to.seriously make that argument before On and after January l, 1892. every elector shall, in addition to the foregoing the Supreme Court of the United States. qualifications~ be able to read and write any section of the constitution of this State, or ne shall be able to understand the same when read to him, or But the Senator cites an authority which he claims supports to give a. reasonable interpretation thereof. that position. ltis as follows: McPherson vs. Blackner (110 U.S., page 1). He quotes the following: This provision, as is readily seen, creates no privileged class. It does not confer the right to vote upon one class and deny it to The right to vote intended to be protected refers to the ri~ht to vote as established by the laws and constitution of the State. There is no color for another, but it provides an educational qualification which applies, the contention that, under the amendment, every male inhabitant of the to all classes alike. It is similar to section 4 of the proposed State, being a citizen of the United States, has, from the time of his majority, amendment in North Carolina, which everybody admits is con a right to vote for Presidential electors. stitutional. To make the Mississippi suffrage provision like the He quotes next from The State vs. Cruikshank et al. (92 U.S. North Carolina amendment it would be necessary to add another Reports, page 542), as follows: section following the section I have just read, which wonld exempt a From this it appears that the right of suffrage is not a necessary attribute of national citfaenship; but that exemption from discrimination in the exer class-that is, those who voted or whose fathers and grandfathers cise Of t;hat right on account of race, etc., is; but it must be expressly voted in 1867 or before-from the provisions of the Mississippi con averred. stitution. But the Mississippi constitution contains no such pro The only point that I could see that he attempted to make by vision. The court, in passing upon the suffrage provision of the this citation was that he repeated the words'' expressly averred." Mississippi constitution. stated that it was clearly constitutional But, Mr. President,the Senator's own authority contains sufficient unless the State court should so construe that provision or unless language with which to answer his contention. Is not the inclu its provisions should be administered in a way to violate the fif sion of a class into certain privileges which are denied to another teenth amendment by denying the former slaves and their descend class as much a discrimination as the direct exclusion of the said ants the right to vote as confelTed upon other citizens. In short,· class? When there is a discrimination in favor of one class there as the court said in Williams vs. Mississippi, in passing upon the is necessarily at the same time a discrimination against another same provision, there was nothing unconstitutional in the terms class; and is not this discrimination" expressly avelTed" in sec of the Mississippi suffrage provision nor was there anything un tion 5? The authority he cites is an authority against his con constitutional in its legal effect. The court did say, however. tention. that it might be construed so as to make it unconstitutional and Of course the Federal Government does not confer the right to vote that it might be administered "with an evil eye and an unequal on anyone. The States confer that right; but the fifteenth amend hand" so as to make it unconstitutional, but the court went on ment says that when a State proceeds to confer that right upon further to say that the case as it was presented to the court did its citizens it shall not abridge the suffrage rights of those who not show that either had been done; therefore the court upheld have been in slavery. Abridgment there can mean but one thing, its constitutionality. and that is that the States shall not confer less suffrage privileges But how differentwith the proposed amendment in North Caro upon the class of former slaves than upon its other citizens. But lina, where the Mississippi educational provision is qualified by if there was any doubt about this question, the Supreme Court, section 5. In this case the unconstitutionality of the" grand in one terse sentence, interpreting the fifteenth amendment, in father" section is apparent from its terms when interpreted ac the case of The United States vs. Reese, has settled it. That sen cording to the rules I have before referred to-that is, in the light tence is as follows: of the history of the times and in view of the immediate and nec If citizens of one race having certain qualifications are permitted by law essa1·y effect. So the Mississippi cases, instead of being authority to vote, those of another having the same qualifications must be. to support section 5, are strong and direct authority the other way. Thus we see that it makes no difference whether the discrimi Mr. President, section 5 of the proposed amendment can not be so nation is by restricting directly the suffrage privileges of the construed or interpreted as to make it constitutional. It can not former slave or indirectly by enlarging the privileges of anothe1· be administ.ered so as to make it constitutional. It is unconstitu class while denying those privileges to the former slave; yet it is tional as its stands on its face and by its necessaryeffect, by every an abridgment within the meaning of the fifteenth amendment. rule of construction that the court has ever followed. Can anything be clearer? REPLY TO SENA.TOR MORGAN. If that does not put beyond all question the unconstitutionality When the Senator from Alabama [Mr. MORGAN] delivered his of section 5, then nothing can (for those who still doubt) except to speech on this question, I sat near him and paid the closest atten have the court to call the section by name and apply the above tion. On account of his reputation as a constitutional lawyer I words to it. was very anxious to hear him and curious to know what kind of But, Mr. President, I do not consider it necessary to analyze the argument he could advance or what hitherto-undiscovered opinion argument of the Senator from Louisiana, even if it were stronger of the Supreme Court be could adduce to maintain the constitu than it is; because the Senate wlll remember that while the Sena tionality of such a thinly veiled subterfuge as section 5. But for tor was delivering his speech I interrupted him and read the fol once I was doomed to disappointment when listening to the Sen lowing letter from the New Orleans Times-Democrat of Friday, ator from Alabama. He did not attempt seriously to discuss and March 18, 1898, in which the Senator strongly expressed the same argue the constitutionality of sectiOn 5. Clearly he is too wise view that I now hold. The letter is as follows: -and too good a lawyer to put himself on record with argument W A.S1ZINGTON, D. C., March 17, 1898. To the TimM-Democrat: that would not bear the test of analysis and comparison with Inanswer,Isaythatsection5isgrosslynnconstitutional. lhavesnbmitted decided ca.ses. the same to some of the ablest Democrats of the Senate, who are able constitu So he content.ed himself with expressing an opinion that the tional lawyers. They a.U concur in my opinion, that if adopted, the effect Mississippi cases applied to section 5 and then devoting all of the will be to lose our representation in Congress and in the electoral vote of the remainder of his speech to a discussion of the dangers of recon State. S. D. McENERY. struction and using high-sounding phrases about the magnitude 1900. CONGRESSIONAL RECORD-· SENATE. 1547 of the difference between the Anglo-Saxon and the African. The if put on its passage. The main line of opposition to the Hardwick bill. broui?ht out in the debate was against the grandfather clause. same is true in this respect of the speeches of the other two Sen "Mr. Copeland, of Walker, addressed the Chair. He said: '·If I nroperly ators. What legal argument they essayed to put forth seems to understand this measure, it is radical, unjust, a.nd unfair. I am in favor of indicate that they are influenced mo:re by their desires and hopes no amendment to the constitution or change in the law that does not meet with the approval of the qualified voters of the State, and I am satisfied that than by their judgment. Their speeches would no doubt be fit the people of Georgia would not and never have given their approval to so ting in a campaign· where "nigger" was to be the slogan and race radical a change as this. No one appreciates more than I the deplorable con prejudice must be aroused in order to prevent the calm and de dition of the ballot in our State to.day, but I submit that this measure is not the proper one to work the change so much needed. I wish to remind the liberate consideration of argument and to banish reason and en house that for everyone who sells his vote there is one who buys it, and the throne in its stead passion and prejudice; and, whether so intended wrong in one case is as great as in the other.' Mr. Copeland proceeded to or not, this will be the chief use to which their speeches will be make an able :presentation of the reasons against the passage of the measure, I and was once mterrupted by Joud applause. put in the coming campaign in North Carolina. But submit " Mr. Harrison, of Quitman declared the proposed measure harsher in every that such a discussion of the difference between the Anglo-Saxon respect than any reform bili ever enacted into law in any of the Southern and the African does not ~eem fitting in the United States Senate States except Louisiana. He said: 'In Miqgissippi some educational qualifi when a great legal and constitutional question is under consider cation is imposed by recent enactment, but the qualification is nothing com pared to the harshness of this measure. The objection I raise to the bill here ation, and, surely, their authors could not expect such speeches and the objection with which I fought the measure in the committee ro:>m is to be listened to with much patience should they attempt to de that it is legislating purposely, positively, and conclusively against one race; liver them before the greatest and ablest court in the world while purposely, positi>ely, and conclusively in favor of another race. Is it judi· cious to work this change in the law? I speak from an experience of fifty this constitutional question was being considered for adjudication. yea.rs as a citizen, in which time I have had occasion to observe the prevailing WHAT THE LAW JOURNALS AND GREAT CONSTITUTIONAL LAWYERS SAY. condition in my State, and I tell you that the provisions are first of all un- Mr. President, the adoption of this novel scheme of attempting ne~.e::il~ward, of Challapoochee, opposed the bill. He said: 'In m section to evade the fifteenth amendment in Louisiana and the proposed of the State the negro who has never spent one day in school is the best citi attempt in North Carolina has attracted a great deal of attention zen of his class and the most intelligent voter of his race. It has been my observation that education is not a test of citizenship. We are hedged in by from the legal profession and the law journals. I have on my desk the Federal Constitution, which prohibits us from barring any man from the Harvard Law Review of December, 1899, which contains an citizenship by reason of race, color, or pxevious condition of servitude, and I able and thoughtful article by Amasa M. Eaton on this question, to can not see bow the bill before the house can be considered in any light but as a violation of the provisions of that Constitution. If we are to limit the which I have already referred. After reviewing the whole ques franchise, it is a limit that should work a.like in both races.' tion at length from a legal standpoint, he contends that the court "Mr. Overstreet, of Screven, began with a statement that he would feel must necessarily declare section 5 unconstitutional. He himself that be was doing the people of his section and State an injustice and falling far short of his duty to his constituents if he did not raise his voice in oppo· expresses doubt as to the wisdom of the adoption of the fifteenth sition to the pending measure. He said: 'From the time when the fifteenth amendment, but calls attention to the fact that this has nothing amendment to the Constitution was enacted up to the p.resent day the best whatever to do with the constitutionality of the proposed suffrage part of the negro race in Georgia has voted and stood by the party to which amendment.· I have the honor to belong. I would take pleasure in going on record a.s favoring the elimination of the ignorant and purchasable voter of all classes A number of other law journals have discussed it, and so far as of this State, but I am not in favor of the discrimination which is proposod I have seen not a single one has attempted to uphold its constitu in this bill.' tionality. I have a copy of the C"Q.rrentnumberof the Law Notes, "On the call of the ayes and nays, which were demanded, only three mem-. bers, Mr. Hardwick of Washington, Mr. Bell of Forsyth, and Mr. Ellis of with a comment upon the speech delivered by my colleague, in Bibb. voted for the bill. which the editor takes the same position. The editor also cites "Mr. Hall, of Bibb, was against the bill, because it might be the means, he the opinion of Mr. William D. Guthrie, of the New York bar, as a claimed, of interfering wtth the white voter. "In voting against the Hardwick bill Mr. Holder, of Jackson, had the follow good constitutional authority. ing to say: 'I opJ>ose the bill because I believe it to be in violation of the Con Mr. Guthrie was one of the distinguished lawyers associated stitution of the Republic. But were it constitutional, it is not right to de with Mr. Choate in arguing the income-tax cases before the Su prive any man of his ballot on account of his color. I believe in every man in this State being allowed to vote regardless of his color, so long as he complies preme Court, and is recognized as one of the ablest constitutional with the requirements of the State in paying taxes, working roads, respond lawyers in the United States. In his law lectures on the four ing to his country's call to go to arms when his service is needed, and as long teenth and .fifteenth amendments, he refers to and discusses the as he is obedient to law. I OP.pose the measure because it will al"!o disfran chise hundreds of honest white men who can not read and write and give a constitutional amendment of Louisiana, and the proposed one in reasonable interpretation of the Constitution. I oppose it because it is unnec- North Carolina is like it. He declares, commenting upon section essary.'" · 5, the "grandfather clause," that it is a ''travesty of constitutional justice." I do not put my hand just now on the extract from Mr. I also insert some extracts from the debates in the Louisiana Guthrie's lectures, in which he declared that the proposed consti convention: tutional amendment is a travesty of constitutional justice, but I DEMOCRATS IN LOUISIANA CONSTITUTIONAL CONVENTION DENOUNOED THE will ask permission to put it in my remarks. CONSTITUTIONAL AMENDMENT AS VICIOUS AND UNCONSTITUTIONAL. The ~attar referred to is as follows: In theNewOrleansTimes-Democratof March28, 1898, the views This travesty of constitutiC?nal just.ice ought to be brought to tl~e.test in of the Democratic members of the constitutional convention in the Fed~ral cour~ a~ the earliest poSSible moment. If such a prov~on ~n opposition to the amendment are Since that time I have noticed that one of the leading Democratic will never declare one section of any statute void without declar candidates for governor in my State has written an article taking ing the whole statute void, even though constitutional. the same position. I do not deem it necessary to reply to such a It is to be presumed that every legislature and every Congress claim, for its evident absurdity upon a mere statement of the when it passes an act intends it all to stand, or it would not have same is a sufficient reply. If I could believe that these men are passed it. I make that statement to show that the quotation of serious in claiming that the Supreme Court of the United States the Senator, without qualification or explanation, is an absurdity would themselves violate their oaths and nullify by their decision in the sense in which he used it. In short, his quotations stand the United States Constitution, then I would be constrained to ing alone clearly misrepresent the position of the court. Was the say that no one has ever uttered a more serious slander against Supreme Comt of the United States governed by the intent of said court. I take it that no court will ever assume such a posi Congress in the income-tax cases? Was it not perfectly clear and tion, no matter how high or strong public opinion may be. The unquestioned that Congress never wonld have passed the Wilson. court can not recognize public opinion as far as the fundamental Gorman tariff act with the rates of tariff duties that it con law of the land is concerned until said public opinion is crystal tained had not Congress at the same time and in the same act lized into a constitutional repeal or amendment through the pre put in a provision for an income tax to raise thirty or forty mil scribed constitutional methods. To the court the fifteenth amend lions of revenue? Probably every schedule in that act would have ment r~presents public opinion on the suffrage question until been changed if those income-tax provisions had not been in it. public sentiment has forced the repeal or the amendment of that Not only did attorneys call the attention of the court to this fact, provision. If the fifteenth amendment is wrong, then its only but also did Justice Harlan and other justices, in their dissenting remedy is its repeal. While it stands the court must and will opinions. Justice Harlan said: ~phold it. · The judgment just rendered defeats the purpose of Congress by taking out THE REMAINDER OF THE AMENDMENT WILL STAND. of the revenue not less than thirty millions and possibly fifty millions of dollars, expected to be raised by the duty on incomes. We know from the official J our Mr. President, I come now to conside1· the second question, nals of both Houses of Congress that taxation on imports would not have been reduced to the extent it was by the Wilson Act except for the belief which is: Section 5 being unconstitutional, will the court in de that that could be safely done if the country had the benefit of revenue de claring it so hold that all the amendment must fall ,..or that.only sec rived from a tax on incomes. We know from official sources that each Honse tion 5 (the unconstitutional part) must fall, leaving the remainder of Congress distinctly refused to strike out the provisions imposing a tax on incomes. The two Houses indicated in every possible way that it must be a of the amendment, which is clearly constitutional, to stand? In part of any scheme for the reduction of taxation and for raising revenue for my opinion the court would follow the many precedents already the support of the Government; tha~ (with certain specified exceptions) in laid down in similar cases, and hold that, inasmuch as section 5 comes arising from every kind of property and from every trade and calling has one object and the remainder of the amendment has a very should bear some of the burdens of the taxation imposed. different object and are therefore severable, and inasmuch as the Yet the court, regardless of the clear intent of Congress, knocked amendment with section 5 (the unconstitutional part) left out out as unconstitutional the income-tax provision, while leaving the would still be operatiye and intelligible and wo_uld make a complete other sections. and constitutional scheme for limiting suffrage, it would stand, THE LEGISLATIVE INTENT. while section 5 would be eliminated. I make this statement as But, Mr. Presiden~ the two decisions cited by the Senator, even if my c,pinion because the decisions of the Supreme Court sustain theyrepresentedtheweightofauthorityandfi.xedanunvaryingrnle that position, which I will presently show. But before proceed of the court (which they do not), would not apply to the present case ing to quote these authorities and make an argument upon them, in the least unless the court should be convinced that the legislature I wish to note briefly the two cases cited by the Senator from would not have attempted to restl'ict suffrage at all unless it could Mississippi [Mr. MONEY] which he claims establish a different do so b~ placing the restriction upon former slaves and their de doctrine. He read first from Sprague vs. Thompson (118 U. S., scendants while leaving all other citizens free to vote without page 90), as follows: any restrictions. To say that such was the intention of.the legis The insuperable difficulty with the application of a principle of construc lature would be to make the legislature ridiculous. Would not tion to the present instance is that by rejecting the exception intended by the legislature of Georgia the statute is made to enact what confessedly the the court rather conclude that the intention of the legislature legislature never meant. It confers upon the statute a positive o:peration was to restrict suffrage by an educational test, and that after hav beyond the le~slative intent, and beyond what anyone could say it would ing done this it made an attempt through section 5 to exempt, if have enacted, m view of the illegality of the exception. possible, a certain class from its operations, which every lawyer Next he cites Warren vs. Mayor and Aldermen of Charlestown in the legislature must have known, to say the least, was of very (68 Mass.), and quotes the following from that decision: doubtful constitutionality? . when parts of a statute are so mutually connected and dependent as con There are many reasons "to believe that the legislature did not ditions, considerations, or compensation for each other as to warrant· a belief expect section 5 to stand the test of the court, while they did ex that the legislature intended them as a whole, and that if all could not be pect the remainder to stand. When the Louisiana amendment carried into.effect the legislature would not pass the residue independently if such parts are unconstitutional and void, all the provisions which are thus was being discussed in that State convention, such admissions were dependent, conditional, or connected must fall with them. made on the floor by delegates who were good lawyers. I read The Senator from Mississippi, after reading these two decisions, from the Harvard Law Review of December, 1899, from an article one a decision of the Supreme Court and the other a decision of entitled "Sujfrage clause of the Louisiana constitution." . M1·. the State court of Massachusetts, proceeded to say that these Eaton, the author of this article, reviews the proceedings of that cases were not only exactly in point, but that they settled the convention. Judge Simms, a member of that convention, while question. The Senate will remember that at that point in his advocating the insertion of section 5 in opposition to the advice speech I asked permission to interrupt the Senator; that I had on of the_two Senators from that State and of many other distin my desk nine or ten volumes of the 8upreme Court Reports, and held guished lawyers, called attention to the fact that if section 5 in my handa statement of the cases in those reports which I stated should be declared unconstitutional there would still remain a showed that the Senator was wrong as to the weight of authority good constitutional working scheme. _ on his side. I asked permission of the Senator to read from these He expressed the opinion in the convention that if section 5 c~ses, which he declined. · I then asked permission for a simple should fall the remainder would stand; and that same opinion statement of the names of the cases to go into the RECORD with was expressed by others supporting the amendment, and in the his speech, so that those who read his speech might also, if they face of that the convention adopted the constitutional amendment. desired, read these cases and know what the court had held. The The onJy difference, he declared, would be that the special class of Senator declined to permit even the title of those cases to go into illiterate upon whom they tried to confer the right to vote under the RECORD along with his speech. He declared that he did not section 5 wouid be prevented from voting and would have to stand mean to be discourteous. but he said that he would rather not the same educational test with the negro. Gen. T. F. Bell, who have those cases cited in his speech. was chairman of the suffrage committee of that convention, when Now, let us for a moment examine the two cases cited by the reporting the amendment with section 5 to the convention, in an Senator. I have just read from the RECORD the two extracts swer to objections to section 5, said: which he read from those cases and upon which he relied. They tio~ ~tcf:l~ in the courts, you will still have a. fairly good system with sec- are both to the effect that the court must consider, among other things, the legislative intent in deciding whether an unconstitu Would not the court look at that declaration, provided it looked tional part of a statute shall fall alone or drag the remainder at anything outside of the act itself? . of the statute with it. This is true, I admit, to a certain extent Mr. President, it was after explanations like this that the and in a certain sense; but it is not the only consideration with amendment was adopted by the convention. All of this, and the court, and is not by any means, as a rule, the controlling more, too, was known to the legislature in North Carolina when consideration, even where the intent of the legislature is clear. it adopted a similar provision. Indeed, a delegation came to To say that the Supreme Court will never declare any one sec Washington City, in behalf of the legislature, to confer with Lou tion of a statute void and leave the remainder to stand, where isiana Senators and other Senators about the suffrage provisions it is clear that the legislature would not have passed one part in their respective States. without passing the others, is practically to say that the court The leading daily at Raleigh published full reports of interviews 1550 CONGRESSIONAL RECORD-SENATE. FEBRUARY 6, which showed that the general consensus of opinion in Washing The-facts in this case are: The legislature of Iowa had given the ton was that section 5 would not stand the test of the court, and city of Keokuk, in its charter, the power to establish and regulate the editor of that paper recommended that the legislature adopt wharfs and t.o fix the rates of landing and wharfage of all boatg, the Mississippi suffrage pTOvision instead of the Louisiana provi rafts, and water craft moored at or landing at the wharf. Acting sion, on account of the danger of the court knocking out section 5. under this power, the city passed an ordinance providing such Mr. President, I have here a copy of the paper, the Raleigh regulation. The ordinance referred to but one thing and had but News and Observer, containing that editorial. This is the same one purpose, and that was regulating the rates, etc., as I have paper to which I have referred, one of. the leading Democratic stated. Yet the court declared that the fourth section of this dailies of Raleigh. The editor editorially advises the legislature ordinance was unconstitutional and void, while leaving the other to put both the Mississippi plan and the Louisiana plan in the five or six sections to stand, for the reason given by the court in same amendment, and then proceeds to say: the opinion I have just read. If, however, the courts should declare the "son and grandson" clause un In the case of Supervisor vs. Stanley (105 U. S., page 303), Mr. constitutional, there would then remain the "understanding" clause, which Chief Justice Waite, delivering the opinion of the court, said: in Mississippi has operated to secure the uninterrupted exercise of the elec tive franchise to those white voters who are not learned in the books. The general proposition must be conceded that in a. statute which contains It was the information to be gathered by that delegation in ~~~~ ~;: :1~~~~~~~~ $itivo~it~e~a~::~~:al1:.a.ffJct~~ ~!J~e:~J>~: Washington that was to guide the legislature in adopting a suf valid are capable 01' separation, only the la.tter are to be disregarded. frage amendment. The information they got showed that the The cases from which I have read cite many other cases to the probabilities, to say the least, were that section 5 would fall. same effect. In fact, the cases which I have read state that they Then the editor of this Democratic daily advises that both the set forth the law as uniformly held by the court. Mississippi plan and section 5 of the Louisiana plan be put into the Mr. President, I coulCl go to State decisions and cite numerous same amendment, so that if section 5 should fall in the courts the authorities to the same effect. I will, however, take a recent one Mississippi plan would still remain. Yet after all this, and in which is in harmony with all the former decisions. This is the the face of it, the legislature adopted tbis Louisiana plan. So if case of RusseUvs. Ayer (120 N. C. Reports), decided a year or two the court should look for intent outside of the substance of the ago, in which the court says: act itself it could find abundant reasons for believing that the leg While the parts of sections 2 and 3 of the act above referred to which con islature adopted this provision knowing or at least seriously doubt cern the a.mounts of the capitation tax are void, becau e they disturb the ing the constitutionality of section 5, and knowing or having equation between property and poll taxes, yet the remainder of the act is reasonable grounds to believe that the court would eliminate that valid; and that although the revenue act of 1897 contains a clause which re peals all acts and parts of acts contrary to its provisions, yet the parts of sec section, leaving the remainder to stand. tions 2 and 3 of the act of 1897 being unconstitutional and void, it follows that SECTJ'bNS 4 AND 5 .A.RE DISTINCT AND SEVERABLE. those parts of sections 2 and 3of chapter 116 of the acts of 1895, which levyt.he amounts of capitation and property ta.x, are unrepea.led and are in full force But the tendency of the decisions of our court has been to look and effect. to the effect of a statute rather than to the intention of the legis Now, how does the law as set forth in those cases, which is the lature when the question is, Shall all of the statute fall or only a rule followed by the court, apply to the present case? part? And this is always true where the unconstitutional section If there ever was a case where sections are severable, surely has one object and the constitutional section has another object. this constitutional amendm.ent presents that case. Section 5 is not The leading test applied by the court in all such cases has been, dependent upon any other section, nor is the remainder of the act Will the remainder of the statute be intelligible and operative incomplete in any sense without it. Indeed, section 5 attempts to after the unconstitutional parts are stricken out? As I have do one thing, while all of the remainder of the act attempts to do already said, this is exactly what the court did in the income-tax just the opposite. The1·e are two different purposes attempted case. by the two different sections; and I take it everyone will admit In Penniman's case (103 U.S. Reports.page 113),JudgeWood, that the authorities are uniform that where that is so, there is no delivering the opinion of the court, says: question but that the section which is invalid will fall, and the Statutes that are constitutional in part only will be upheld so far as they a.re not in conflict with the Constitution. provided the allowed and prohibited others will stand. Every standard work on constitutional limita parts a.re severable. So that if so much of the section under consideration tions or constitutional construction is along the line of these de as relieves the debtor from imprisonment for debt is constitutional and can cisions, and show clearly that in a case like this section 5 would be severed from the other parts o! the enactment, the judgment of the su fall, leaving the remainder of the amendment to stand. preme court of Rhode Island should be affirmed. That part of the section · which relates to the imprisonment of the debtor and that which rela,tes to GARBLED EXTRACTS FROM A GREAT AUTHORITY. the seizure of his property are entirely distinct and independent, and either one can stand and be operative, though the other should be declared void. I would not consider it necessary to dwell further on this mat Now, is it not clear that the other sections of the propofted ter had not the Senator from Mississippi [Mr. MONEY] read some amendment can "stand and be operative, though the other (sec extractsfromCooley'sConstitutional Limitations, which he claims tion 5) is declared void?'' Clearly so, because when section 5 is is authority to the contrary. I regret that the Senator is not in declared void and eliminated, the remainder of the amendment his seat, for I would much prefer for him to be present while I read makes a complete and constitutional scheme for limiting suffrage this authority, because the Senator's quotation misrepresents the by an educational qualification applying to all classes alike. text. I do not want to believe, and will not charge, that the Sen The decisions of the court to the same effect as in Penniman's ator intended wi11fully to misrepresent the text; but his quotation case are numerous and overwhelming. I will, however, cite only does it, and I must call attention to it in the interests of truth, so a few more. that the law may go into the RECORD correct. The Senator ob The Supreme Court, in the case of Presser vs. Illinois (116 U. S.), jected to me correcting him while he was speaking, so I must do lays down the same doctrine. Mr. Justice Wood, delivering the it now. opinion of the court, in which one section of an act was declared Mr. PETTUS. To what Senator is the Senator from North invalid, '\vhile the remainder of the act was sustained, in closing Carolina referring? the argument of the court and giving the reasons for the decision Mr. BUTLER. The Senator from Mississippi [Mr. MO!IBY]. of the court, says: I have in my hand the CONGRESSIONAL RECORD containing his But it is a settled rule that statutes that are constitutional in part only speech, in which he quotes from Cooley's Constitutional Limita will be upheld so far as the¥. are not in conftict with the Constitution, pro tions. I read from the RECORD: vide to do. In fact, they have just confessed that they can not sus tial powers ne~ssary to make a corporation in the charter, that tain this measure by argument before the people. I hold in my then a corporation has not been formed, even though the legisla hand the proof of that confession. On last Thursday Judge ture declare in the same act its intention to create a corporation. Brown, one of the State circuit court judges of North Carolina, And, on the other hand, if the legislature should confer the while holding court at Wilmington, gave to the press an inter powers necessary to create a corporation, the court would hold view in which he not only expressed an opinion about the consti that it was a corporation even though the legislature in the same tutionality of the proposed amendment, but he went further and act should declare that it did not intend to create a corporation. advised his political friends to amend it in order to avert defeat There is a case in the North Carolina Reports, which I have not at the polls. I will not at this time comment upon the impropriety had time to put my hands on, which declares that where the of a judge expressing an opinion in advance and for political maker of a deed declared at the end thereof "that the above deed effect about an important question that is liable to come before was made without fraud" that the decla1·ation was not only void his court for adjudication. I can only say I regret it. But I de and of no effect to make the deed valid, but that the declaration sire to call the attention of the Senate to the change in this was itself a badge of fraud. Just so this declaration, if made by amendment which he proposes. the legislature of North Carolina, would not only not be consid He advises that when the legislature meets, at an adjourned ered by the court in rendering its decision, but its only purpose meeting, before the election in August, that it am.end the amend will be to serve to put the court on notice that the legislature, when ment by adding a new section, to be known as section 6. The it adopted this provision, itself doubted, to say the least, the con form of the amendment that he advises the legislature to adopt is stitutionality of section 5, and that they passed the provision in as follows: spite of this doubt and belief. SEO. 6. This act shall be construed and taken as a whole, and if any of its clauses, sections, and provisions shall for any reason become or be declared ANOTHER A.'ITEMPT TO FOOL THE VOTERS. inoperative and inyahd, the whole of this amendment and every part and Judge Brown, in this interview, while expressing the opinion section thereof shall become null and void and of no effect. that the proposed amendment was constitutional, yet gave as his Every newspaper in the State that is supporting the amendment, excuse for advising the legislature to adopt this new section that so far as I have seen, has indorsed this suggestion. Within the last in his opinion the masses of the people could not understand legal few days the chairman of the Democratic State committee has pub argument. Therefore I take it that he offers this new section lished a carefully prepared official interview not only indorsing the because he thinks the people wm not be able to see its absurdity suggestion, but claiming that he is the father of it and first sug and utter futility. If he had less ability as a lawyer, it might be gested it to the Judge. He goes further, and, speaking by author supposed that ho had fooled himself. ity, says that the legislature will meet and will amend the amend But, Mr. President, this section, attempting to instruct the ment by adding such a section. So I take it that it is proper to court how to construe the amendment, will not fool the voters of discuss this proposed amendment with this proposed section added. the State into supporting such a dangerous scheme. They have Judge Brown has the reputation of being a good lawyer, so the had intelligence enough to see the danger in section 5. The same Judge must know that .the section that be proposes will not be intelligence will guard them against this new device. The voters considered by the court as a part of the amendment, but simply of North Carolina are intelligent enough to know that there is· as a legislative declaration, even though it be ingrafted into the not only grave, if not certain danger to from fifty to sixty thou amendment as one of its sections. He must know, further, that the sand white voters in this amendment, but they also know that if court, if it did not resent, would at least ignore, such an effort on this amendment were adopted and section 5 eliminated that no way the part of t4elegislatureto instruct the court as to bow it should under heaven could restore to those voters their ballot except by construe a statute. In this country, where the legislative and again amending the constitution. These thousands of illiterate judicial departments are entirely distinct, neither one is ever per white voters are intelligent enough to know that when once dis mitted to ID.trench upon the authority and domain of the other. franchised they would have no vote to help change the amend ment and help wipe out the wrong. They also know that the aver A LEGISLATURE CAN NOT INSTRUCT THE COURTS. age politician only fears the people so long as they have a vote. No court, so far as 1 know, bas ever yet permitted any legislative This proposed new section will not prevent the court from de body in North Carolina or anywhere else in this country to thus claring section 5 invalid and holding that the remainder of the instruct them as to how they should construe a statute. The amendment shall stand, and no one knows it better than Judge court never looks at the declaration that a legislatur~ makes, but Brown, and the voters will show at the election next August that it looks at the substance of what it does and renders its judg they also know better. ment accordingly. The supreme court of North Carolina, in the case of Robinson vs. Barfield (2 Murphy), ignored such a decla IT PUTS THE SOUTH IN A FALSE POSITION. ration on the part of the legislature and in the decision said that Mr. President, this whole scheme is not only fraught with dan the court would allow such declarations attempting to insti·uct ger, but it is unnecessary. It not only puts the representation of the judiciary to remain ''as dead letters on the statute books." the South in Congress and in the electoral college in jeopardy, but Further on in the opinion, Judge Daniels, one of the ablest judges it also puts so many thousands of white voters themselves in dan ger. Section 5 is not only unconstitutional, but it is offensive to of the State, in delivering the opinion, said: every principle of democracy; offensive to political honesty and The court can neither nibble at the legislative power nor r;;.n the legis lature stride over the judicial. to Americanism. Mr. President, it puts the South in a false and This doctrine was approved in Hoke vs. Henderson (1 Dev.) and unenviable position to attempt to deal with suffrage in this mis in many other State decisions. erably uncandid manner. It is a position that no Southern State Within the last five years there have been, I think, at least a should put itself in. It is dangerous, it is unnecessary, it is not honest. There are constitutional methods for dealing with the dozen cases in North Carolina where the courts have declared suffrage question whenever and wherever the necessity arises, that notwithstanding the legislative d~claration that i_t had do~e a certain thing, that the court would pay no attention to the dec without resorting to such undemocratic and unconstitutional and laration, but would look to the substance of what they did. I absurd subterfuges. think I could cite at least 10or15 cases, but I take it that there is no ANOTHER ABSURD SUGGESTION. authority to the contrary in any other State or in the United States One word more on this subject. I notice that in the interview Reports. I have not had time to look through all the United by the Democratic State chairman to which I referred a few min States Reports on this point, but every case I have found holds as utes ago that he also advises the legislature when it meets to do I have stated. In the case of United States vs. Claflin (97 U.S. another thing-to put sections 4 and 5 of this proposed amendment Reports) the court says: into one section, and he says that will lessen the danger of the A recital in a statute that a former statute was repealed or superseded by courts knocking out section 5 and leaving section 4 to stand. That subsequent acts is not conclusive as to such repeal or supersedure. Whether suggestion is absurd. There is not an authority in all the books a statute was repealed is a judicial, not a legislative question. but what holds that the court will knock out not only one section, Whether section 5 will fall, leaving the remainder of the amend but even one-half of a section, or one sentence of a section and let ment to stand, is a judicial and not a legislative question, and it the other half stand, just as quick as they would knock out one is a piece of impertinence on the part of the legislature to attempt section and leave another stand. Every lawyer with a thimble to instruct the court as to how it shall construe a judicial ques full of brains knows that. Then why is that suggestion made? Is tion. it made in good faith? Not There can be but one purpose why a Mr. President, nothing is better settled than that an alternative man who knows any law should make such a suggestion, and that judgment is void. Now, this proposed section instructs the court is with the hope that it would fool some voters who are not law that if it thinks all of the sections of the amendment are constitu yers. It is absurd, it is dem~gogy and falsehood, and yet that is tional, then to let all of them stand; but, on the other hand, if it one of the suggestions for another amendment when the legisla should find one of the sections unconstitutional, that then it must ture meeU!. declare the whole act unconstitutional. Such a proposition seems OTHER VERY SERIOUS OBJECTIONS. absurd. Mr. President, there are other very se1ious objections to this pro The courts have uniformly held that when the legislature at posed amendment, even if section 5 were constitutional. Let us tempts to create a corporation, that if it fails to confer the essen- briefly note a few of them. In the first place, what class of the 1900. CONGRESSIONAL RECORD-SENATE. 1553 negro population would be disfranchised by the amendment? It Yet these are the men, and every one of their sons who are not • wou1d be the good old country darkey who was as faithful and more than 12 years old now, whom these politicians a1·e trying to true as steel to our mothers, wives, and sisters during the late war, ·disfranchise under the false and specious cry of "white suprem and who is a good citizen and a good laborer, who has never been acy." A man may have paid his taxes in April, as long as five or offensive in politics nor in other ways. eight months before the elections, and yet he is disfranchised at Now, what class of negroes would be left to vote? There would the election in August or November unless he has paid his poll be many thousands who would still vote, and this number would tax as far back as the 1st day of March previous. include all of that element who have been active and offensive in A SCHEME TO TRICK OR BRIBE VOTERS. politics, and who, either from innate perversity or for a consider There is another provision in the same poll-tax section that is ation, have furnished the capital necessary to enable the machine intended to encourage a man not to pay his taxes, so that he may politicians to raise the negro cry and appeal to race prejudice. be disfranchised thereby. Its purpose is to try to trick or bribe In short, the only negroes who have ever made the race issue the voter into not paying his tax before the 1st day of March, so possible would be those who would not only be eligible to vote, but that the machine politicians may get rid of his vote. The result to hold office under the proposed amendment. The trifling negro will be not only to cut off thousand~ from voting, but to also rob dude, who talks loud and takes up all of the sidewalk, would be the State and the public school fund of tens of thousands of dol left with full power to vote. This class would be sufficient in lars of taxes which the public schools will lose, or which other number to be the balance of power in politics and to furnish an taxpayers will be forced to make up by increased taxation. The object lesson at any time to help the "negro-howling pol~ticians" evident purpose of this autocratic political machine is to try to to raise their old cry. restrict the'Suffrage of the people down to as small a number as pos But it is claimed by the supporters of this suffrage amendment sible, so that they may the bettermanipulate elections and fortify that its adoption would remove the race question from the poli their machine in power. tics of the State and make it possible for economic and govern Besides, there is a provision in the amendment giving to the leg mental issues to be discussed on their merits and passed upon by islature unlimited power to enact general registration laws. Under the voters intelligently. Mr. President, if this amendment were this provision the legislature can manufacture a number of hocus constitutional and would stand the test of the courts, it is clear pocns schemes to disfranchise voters, white and black, by prevent that it would have no such effect. In the first place, I am con ing them from getting on the registration books. This provision strained to observe that those who are making this claim are in connection with section 5 is the snake in the amendment, and those who have been most active ~nd diligent in appealing to race will enable a political machine to disfranchise white voters as prejudice in every campaign in season and out of season. In the well as black. next place, this amendment, if adopted and if section 5 should be Mr. President, these are some of the many objections to this sustained by the court, would still leave about 50,000 negro voters undemocratic disfranchising scheme, even if it were constitu in North Carolina. That is a larger number than there are to-day tional. And these are to my mind sufficient reasons why it is not in the State of Kentucky. I am informed that there are only safe to adopt such a scheme, if there were no others. about 4.0,000 negro votes in that State. And yet see the appeals to But, in the language of the New Orleans Times-Democrat, this race prejudice, the turbulence, violence, and appeal to passion scheme is not only unconstitutional, but it is also fraught with and prejudice instead of to reason in that State. And the same great danger to the white voter and to the State. would be true in North Carolina, were this amendment adopted, THE OHARGE OF NEGRO DOMINATION-A BASE SLllTJ>ER. as long as there were politicians at the head of the party with no Mr. President, I have said all that I originally intended to say other purpose or ambition except to have power and office regard in discussing the resolution offered by my colleague and the pro less of the great economic questions at issue and regardless of the posed amendment, but the charge that has been made in this welfare of the State. Chamber, indirectly, if not directly, that there has been negro This will be so as long as there are men at the head of any party domination in North Carolina and that it is threatened with more who believe in ballot-box stuffing and all kinds of fraud and of it if this proposed amendment is not adopted makes it neces· crime in order to defeat the will of the people and to put themselves sary for me to say something further. in power. This will be so as long as such men are at the head of No better answer is needed in reply to this unfounded and false any party or~anization and can find one negro in sight to use as a charge than to call attention to the fact, which is a fact and scarecrow with which to appeal to race prejudice and banish rea which nobody will deny, that the politicians in North Carolina. son, common sense, and justice. Now, shall we run the risk of dis who have forced before the P.eople this proposed amendment and franchising about 50,000 or 60,000 of as good white men as there are who are to-day supporting it pledged the people on eveiy stump in North Carolina in order to secure the great privilege of having fo my State from mountains to sea in the last campaign that if in that State a repetition of the kind of campaign that Kentucky they were put in power, they would not favor; support, or propose had last year? any suffrage scheme that would disfranchise anybody, white or WHITE VOTERS WHO ARE SURE TO BE DISFRANCHISED. black. I can prove out of the mouths of the men who are now There is another great objection to this amendment. It pro supporting this amendment, by declarations and pledges officially vides that after 1908 every white man of voting age who is not made on the stump and in interviews, that the charge that there then able 'to read and write any section of the Constitution shall is or has been negro domination in North Carolina is unfounded be disfranchised. Think of the number of boys in North Carolina and false and a base slander on the State. to-day who are 12 years of age and under who may not be able to If there was any negro domination in North Carolina, why was get an education by the time they are 21 years of age! it necessary for these Democratic politicians to pledge the people, These boys are sure to be disfranchised and put on a plane lower in order to get enough votes to elect them, that they were in favor than the town darkey with his eyeglasses and cocked hat. How of manhood suffrage and opposed to any disfranchisement of any many fathers and mothers are there in the State to-day, struggling body? 1f there .had been any negro domination-which neither to make both ends meet, who have managed to raise their boys the people of my Staten or of any other State, North or South, will until they are now 10 or 12 years of age, an age at which these permit-then the popular thing to have done to secure votes would boys are just beginning to help them on the farm or in the have been the promise to the people to devise some scheme to limit factory? In how many cases is such a boy the mainstay of :;i. suffrage as soon as they got in power. Did they do that? No. father and mother who are dependent upon his work to support But, on the other hand, they pledged the people that they would the family until he is 21 years of age? not disfranchise a single voter in the State, white or black. How many of these boys will reach 21 without getting an educa But the Senator from Mississippi, speaking on this resolution, tion? Yet it is this kind of a noble boy who will be called upon and with an apparent effort to show that there was negro domi each year to pay taxes, to work the road, and to shoulder his nation in North Carolina, put into the RECORD some matte_r from musket and do the fighting if his country needs his services. This a political document to show that there has been recently a num is the boy who will be expected to do the fighting and give his life ber of negroes elected to minor positions in my State, and used for his country, while many of the politicians who are trying to that as the text for the chief part of his speech. In defense of disfranchise him will no doubt, like Cleveland, hire a substi the State, and in order that the Senate and the country may tute. know the facttt, I will take.the time to make a brief statement to brand that false charge. THE POLL-TAX-RECEIPT SCHEME. THE FACTS. Another objectionable feature is the provision requiring the The negro population of North Carolina comprises less than one presentation of the poll-tax receipt before voting. What does this third of the whole population and less than one-third of the voting mean? Every man in the State who is on the delinquent tax list population. There are only 12 counties in the State in which the or who has not paid his taxes as much as six months before the negro population is in ·a majority, while in the remaining 85 coun State election and as much as eight months before the national ties the white population is in an overwhelming majority. Un election will be disfranchised. How many good men are there in fortunately, a number of years ago the State supreme coll:rt, in a the State who are unfortunate or who from any reason can not decision held that under the State constitution the legislature pay their poll tax before the election, much less pay them six or could n~t give to the 85 whi~ counties lo~al self-government while eight months before the election? putting the 12 negro counties under a different system. XXXIII--98 1554 OONGRESSIONAL REOORD-_SENATE. FEBRUARY 6, - In short, they held that the constitution required a. unifol'm has not been criticised by a single lawyer, as far as I know; nor system of county government. Under that decision the leg~sla has anyone ever suggested that the decision was not in accord ture forced upon the 85 white counties the same kind of county ance with the constitution. government system that it seemed best to them to adopt in the 12 What has been the result? The people got the system of local negro counties. Thus the people in the 85 white counties were self-government that they wanted, and the supreme court, by its robbed of the right and power to elect their county governing offi decision, has removed the only defect to the system by reversing cers, but instead were forced to submit to their county governing a former decision of the same court. The only trouble there has officers being elected directly or indirectly by the legislature. ever been under the system was that bet-ween the time when the This, of course, proved to be very unpopular in the 85 counties. legislature adopted it and the time when the decision of the court For many years, at every Democratic State convention, there referred to was rendered. During this short period there were was a contest over county government, the representatives from necessarily some negroes elected to some minor places in a few the 85 counties insisting that they should be allowed to elect their of the ne~ro counties, as everybody knew there would be, But county governing officers and thus have direct control over their that condition is now and forever removed by the decision of the county affairs. But the State central political machine, which court. enjoyed the power of dictating and controlling the affairs of every Mr. President, when the last campaign was on, did our Demo county by building up local and subordinate machines at the cratic friends denounce this new county government system that various county seats to receive orders and do the bidding of the gave to the people the control of their local affairs? No. Did State machine, had, however, up to 1894, been able to force the they denounce the present court for the dP.cision that removed the counties of the State to submit to that odious and undemocratic only defect in the system, or rather make it possible for the legis system. But each year that system had grown more and more lature to do it? No. Why? Because the people indorsed both unpopular, to such an extent that it became necessary year by and would never submit to going back to the old system. year to provide new methods for ballot-box stuffing, vote manip Then what did they do? Why, they joined the People's Party ulating, and the compiling of fraudulent returns, in order to keep and every other political party in pledging themselves to the people the majority of the people from repudiating at the polls the party that they would keep that system of county government which organization that forced upon them such an odious machine sys- we had established; and, in addition, they pledged themselves to tem. . enact legislation in accordance with the recent decision of the In the campaign of 1894 the revolt in the Democratic party supreme court to remove the only defect in that system (under against this machine county governing system and against the which some negroes had been elected to office) by establishing a. open and notorious election methods was so large that, in spite of different system of county government in the 12 negro counties an election law under which at least 80,000 votes were stolen, referred to. This is exactly what the fusion legislature promised suppressed, or falsely counted, a majority of 20,000 was piled up the people they would do as soon as the court would reverse that against the Democratic party as a repudiation of the machine county government decision, and this was the only remedy offered county government system and the fraudulent election methods. by the Democratic party for what they called negro domination. The issues in that campaign were honest elections and local self I repeat, every political party in the State in this last campaign government. made this same pledge, and that was the remedy and the only The majority of the legislature elected was composed of Repub remedy offered by anybody, because it was what was necessary licans and Populfats, who were elected on their pledge that they and all that anybody demanded. would establish a system of county local self-government. It was ·Mr. President, so clear and pa.tent was it toeve1·yvoter in North well known to the people when they voted that as long as that Carolina that that remedy was all that was needed to establish strange and anomalous decision of the court to which I have re forever permanent white supremacy and at the same time local ferred should stand that under ioeal self-government there would self-government without disfranchising anybody, that when it necessarily be more or less negroes elected to minor positions in was charged in the campaign that it the Democratic party got into some of the 12 eastern counties; but there was at the same time power they would go further, and submit a disfranchising amend strong hope that the supreme court would reverse that trouble ment, every Democratic paper and speaker in the State made some and, I might ~ay, what seemed to be an unnecessary and an haste to declare that the charge was false. uncalled-for decision. SOLEMN PLEI)QES TO THE PEOPLE NOT TO DO THIS THING. It was not, however, until 1897 thatthe supreme court reversed The Democratic leaders knew that if they declared in favor of the county government decision and held that it was constitu disfranchising a sjngle voter in the State, or allowed or permitted tional for the legislature to provide one system of county govern a suspicion to that effect to rest in the mind of the voter, there ment for one county and another system for another county. was no hope for them to carry the election. Realizing this, they This decisfon was so just and so in accordance with the constitu pledged their party officially, from their State committee down tion that no lawyer of any party in the State has ever criticised to their humblest candidate, that if placed in power they would the court for rendering it or even questioned that it was accord attempt nothing of the kind. . ing to the constitution. Now, this decision having been ren They put it officially in their handbook and declared that all dered, the way was perfectly clear for the 85 counties to have their candidates, from the highest to the lowest, would make the their local self-government and for the legislature to provide a pledge on every stump. Yes, the handbook issued by the Demo different system for the 12 black counties, by which no negro cratic State committee not only denounced the char~e, but also would ever be put in a position of power or authority over white declared that they were not in favor of disfranchismg a single people. voter, white or black, and further declared for manhood suffrage • Now, it is true that until this decision some negroes were elected and that they were in favor of upholding the fifteenth amendment to minor positions in these eastern counties, as everybody knew in good faitht and further pointed out that as long as that amend there would be until the decision of the court could be reversed, ment stood it was impossible to disfranchise a single colored man but not in a single one of these counties were the negroes in con without at the same time disfranchising a white man for the same trol; in not a single one were they in any position of power to reason. dominate:or dictate. Indeed, the legislature that adopted this local OFFICIAL PARTY PLEDGE IN THE DEMOCRATIC HANDBOOK. self-government scheme, while unable to prevent the election of any colored man to any place, yet did devise a scheme, which was In spite of that, Mr. President, the People's Party handbook constitutional, that made it impossible for the county legislative made the charge that there were many leaders of the Democratic board, known as county commissioners, in any county to ever be party in favor of a disfranchising amendment. The Democratic controlled by colored men; and the fact is that no county or State committee thought it was necessary to reply to that charge. town or township has ever had or could have a majority of ne What did they do? They issued a second handbook, a. supplement groes on any controlling board or committee. Now, that is the to the first handbook, in which they denounced the charge ma.de "negro domination" that certain politicians have attempted to in the People's Party handbook as false. advertise to the world lmder false and lurid coloring. They went further, and said that a Democratic convention would But even that imperfection in the new system of local self-gov spit upon any man who would make such a proposition. They ernment has been removed, and who removed it? An undemo went further, and said that the men who made the charge ought cratic decision ·by a Democratic court made it necessary. I will to be ashamed of themselves for willfully lying, because their whole not question the motives of the court in rendering the decision record had shown that they would not do anything of the kind. and in refusing to reverse it, but I will say that it was not nec Here is the language; it is official; it will speak for itself. essary under the constitution to render such a decision, and that It is as follows: it resulted in building up a State political machine to control The Democratic party is the poor man's party. Nine.tenths of its mem county affairs that was so undemocratic and odious that the people bers are poor men. How utterly absurd, then, is the false oharge ~hat the elected a legislatur~ pledged to repeal it and at t~e same time de- !~~~~ezt.nihe~e ~~~:Ps~:i:f~gdf:~eat1i~~C:a~~~s~a~~~~~~:~v:~;:;.: feat the Democratic supreme court for reelection and elected a s.nd editors are, we have always understood Republicans, that Gen. w. R. nonpartisan supreme court. This new supreme court at the first Cox, who lives in W~hington, told a report~r if the Democrats succeeded •ty d th ld ty t d · · d · they would di<>franchise the ignorant negro. But Gene1·al Cox publishes op:port uni. reverse e o coun . governmen ems1on, an lll over his own name a declaration that he never said that and never said any- domg so it has had the approval of the people of the State, and 1 thing like it, fo~ he well knew that if even the Democrats should succeed and 1900. CONGRESSIONAL RECORD-SENATE. 1555 - should have control of the legislature they would be powerless to disfran· PLEDGES OY THE STUMP BY DEMOCRATIO SPEAKERS. chise anybody. The Constitution forbids it. The Constitution gives the right of suffrage to all male persons over 21 Not only this, but every speaker put into the campaign by the years of age not disqualified by crime. and the legislature can not add or take Democ1·atic State committee, so far as I can learn, made the same away a letter from that. That can only be done by the people themselves, and pledge. Hon. James H. Pou, ex-chairman of the D\'lmocratfo the Democrats will never submit any proposition to the people to take from State committee, not only made the pledge in his speeches, but a man his right to vot e. No Democrat has ever proposed such a thing. Th~ charge is only intended to mislead, to deceiYe, and to make political capital. he also made an affidavit to that effect. It seems that at one of It is entirely false. There is not a Democratic convention that would not his speakings some person in the audience doubted his intention spit upon the man who might make such a proposition. There is not a Demo cratic candidate for office who would not pledge himself most solemnly and asked him if he would make an affidavit to support what he againstlt. said in his speech. He agreed to make the affidavit, and he did PLEDGE BY DEMOCRA.TIO ST.A.TE CH.ilRMAN. make the affidavit, and here it is: Later on in the campaign, on December 27, Mr. Simmons., the STATE OF NORTH CAROLINA, County of Wake. Democratic State chairman, realizing that there was some doubt James H. Pou, being duly sworn, deposes and says: as to their since1·ity and some suspicion that they intended to "I have never said that if the Democrats regained control of the State. they intended to disfranchise the negroes and illiterate white voters~ I never submit a disfranchisin.g scheme, thought it necessary to is.sue an have said anything like this, and I know that such is not the intention of the add1·ess. Here is his address: He not only repeats the pledges Democratic party. I have never heard a single Democrat give utterance to such a sentiment, and I do not believe, if such a proposition comes before the in the Democratic handbook, but he makes them even stronger general assembly, that it wonld receive a single Democratic vote. I believe and more emphatic. Be declared strongly and unequivocally for that a majority of; the uneducated white vote?'S of N ortb Carolina are Demo manhood suffrage, white and black; that "never under any cir crats. The Democratic party is appealing to them for aid in preserving white supremacy in the center west and in restoring it in the eastern pa.rt of cumstances under the sun " would he or the Democratic party this State. favor or consent to the passage of any law that would in any way "They a.re responding to our appeal, and to repay them for their a.id with lessen thAir present rights and privileges of voting. So solemn adisfranchisementof their votes would be folly and ingratitude indeed. The and positive were these pledges that not only were the white peo men who make these charges know they speak falsely, but their campaign this year is run upon the idea that the pceople of North Carolina would rather ple fooled, bnt even thousands of ne~oes were ma.de to believe believe a faslehood than the trnth, and they would ra.ther hear libels upon that the Democratic party was their best friend; and the result the honored dead th~n to hear arguments based upon truth. was that the Democratic party in the last. campaign got more "JAMES H. POU." negro votes than their majority at the election amounted to. Sworn to and subscribed before me this October L 1898. Listen to the following extract from that address: [SEAL.] GEO. W. THOMPSON, Notary Public. For the past twenty years or more. just before every election, the Repub Mr. Pou is. the- only speaker, so far as I know, who made an lican speakers, at their midnight meetings, have been in the habit of telling affidavit himself to try to convince hfo audiences that he was ten, the negro if the Democrats came into power their right to vote would be ing the truth when he was making these pledges. But I have on taken away from them. First, they told them if the Democrats got th& State government they my desk a number of affidavits from voters, who testify that other would disfranchise them. The Democrats got the State government and did Democratic speakers made on the stump the same pledge that the not disfranchise them. Then they told them if the Democrats elected a party organization officially made in their campaign handbook. I President they would disfranchise them. The Democrats elected a President and they did not disfranchise them. Then they told them if the Democrats will read one of them: got control of Congress they would disfranchise them. The Democrats got STATE Oli' NORTH CAROLINA, Hertford County: control of Congress and did not disfranchise them. A. W. Simons and Jack Everett, being duly sworn, depose and say: AU-along the honest white men of the State laughed at these lies, and That they heard Hon.. R. A. Daughton. one of the Democratic speakers. wha marveled that the negro did not have sen.se enough to see that he was duped. was speaker in the senate of 1893 and 1895, make a. speech at Harrellsville, in Finally the negro himself began to see through the trick. He had seen the Hertford County, on or a.bout October, 1898, in which Mr. Daughton de· Democrats in full power in the State for twenty-two years, and had learned nounced the charge made upon the Democratic party by Populists and Re through experience that that party did not propose to disfranchise him, and publicalll!, that they would pass a franchise law or a disfranchising scheme. he, too, began to laugh at these liars, and finally refuS€'d to be frightened by He, Dan~hton, further declared and assured every voter in the audience, their rot any longer. So the old Republican. scarecrow had to be hauled both white and black, that the Democratic party had no such intention and down and pnt away. did not want ta take any privileges from any voter, it made no difference They know that the Democratic party has always stood for manhood suf how humble or how illiterate; that if the Democrats got control of North frage, and they know that the Democratic p.'.lrty will never, under anv eir~ Carolina, they should have their political rights, and they would soon see that cumstances under the sun, consent to the passage of a.ny law which will take all such ehar1ws were utterly false, and that no such thing wonld be at- from them, however poor and ignorant they may be, the right to vote, or which will in any way diminish or lessen that great privilege. 1 =f.ted; that the Democratic party would never attempt anything of t~e Mr. President, could pledges be more direct and solemn? t.A.~ Si~l~T~~tice of tke Peace. PLEDGE BY THE DEMOCRATIC PRESS. Sworn to and subscribed before me.this 29th day of January, 1900. Not only this, Mr. President, but every Democratic newspaper J. H. EVANS, Justice of the Peace. in the State denounced the charge that their party had any such in tention in most vigorous language. The fo1lowing is an extract PLEDGES BY DEMOCRATIO CANDIDATES FOR LEGISLATURE. from an editorial in the Daily Wilmington Messenger of Septem ·. Not only this, but the Democratic candidates for the legislature, ber 18, 1898, which is a sample of the editorial utterances of the from the mountains to the sea. made the solemn pledges on the Democratic press of the State on this question. stump that their State chairman said they would make. I have :M:r. President, before reading the extract, I desire to call.atten on my desk affidavits from voters in different counties who heard tion to its language. It will be noticed that the editor denounced the Democratic candidates make. these pledges. But it is unnec as a liar, and used many adjectives to strengthen that word, any essary to read them or offer any other proof, because not on.a of and every man who dared to make such a charge against the pur these candidates has ever denied that he made these pledges. It poses of the Democratic party. He wrote a long argument to has been charged on them since, and they all admit it or all keep show that any attempt to disfranchise the negro voters, unless at silent. the same time illiterate white voters were also disfranchised, Mr. PETTUS. I desire to ask when these pledges were made? would be unconstitutional and would not stand the test of the Mr. BUTLER. They were made during the last campaign in court. I read the following extract from the editorial referred to: ' North Carolina when the legislature was elected which adopted The most stupid lfo of the campaign is the Populist lie put out by the this proposed constitutional amendment. Since the Senator has Skinner and Thompson gang and slyly repeated by the black radicals, the asked the question, I will read the affidavit that I hold in my bald-faced lie that if the Democrats should carry the State they would di& ' hand. This affidavit refers to Mr. Plummer Davis, of Franklin franchise the negroes. If they desired. it ever so much, they have no power to effect it. The lie is so stu:pid that it conld not have been started and Countyl a Democratic member of the legislature, who voted to repeated but for the profound ignorance of the nig~rs generally. If they submit this amendment to the people, but who pledged the people knew a.nythinR• they would know that North Carolina bas no power under of his county that he would not do it. The affidavit is as. follows: heaven to abridge the political rights and to deprive of the privilege of vot ing the negroes any more than the whites. The franchise is a right secured STATE OF NORTH CAROLINA, County of lf'rankli"-n: under the Constitution of the United States, and it takes the same power to Ephraim Blacknall, being duly sworn, deposes and says tha.t he heard Mr. abrogate the right as to confer, to repeal a law as to make it. So it is all bosh Plumme1'Da.vis, Democraticcandidateforthelegislature in Franklin County, and falsehood to try and bewilder and befool the poor, ignorant negroes in say publicly in the town of Louisburg that nobody need be afraid to vote for the way it has done. It is pitiful and mean to so work upon them by lying him; that if elected he would not vote to disfranchise anybody, and he would · and deception. Their right to vote is as absolutely secure as the white man's vote for no law that would be agairu;t the interest of the colored race; and, right to vote. in my opinion, such promises as this was the reason why several hundred AB we stated yesterday, the three amendments to th& Constitution.intro colored people in this county voted the Democratic ticket. duced and adopted soon after the war fixed the status of the negroes as citi EPHRAIM BLA.CKN ALL. zens equal with that of the whites in their rights. The. only way to rid the Sworn to and subscribed before. me this the 15th day of December, 1899. country of the negro ballot is by the same means and processes that were H. A. FINCH, Justice of Peace. gone through with to enfranchise him in his stolid and stupid condition. So it is a lie out of whole cloth when the dirty tricksters imposed upon the igno Mr. Davis was elected a member of the legislature. He is a rant, credulous negroes by telling them that a Democratic victory means member of the legislature now. . When be got to the legislature depriving them of the right to vote. he voted to submit this amendment, and is to-day supporting it, Mr. President, that editor is now contending that it is consti notwithstanding his. solemn pledge and the pledge of his party to tutional to do the very thing that he proved then would be uncon the contrary. stitutional. He is now freely using the words. "lie" and "liar" Mr. President, I will stop to read only one more of these affi to denounce those who question the constitutionality of section davits: 5, and he piles np the adjectives and foams and raves when any STATE OF NORTH CA.ROLIN.A., Cumberland County: one calls attention to his editorials of 1898 or to the other solemn D. K. Taylor, be~ duly. sworn, deposes and says that he heard H. McD. pledges made in that campaign. Robinson. Democratic candidate for the legislattu·e in Cumberland County, 1556 CONGRESSIQN AL RECORD-SEN ATE. FEBRUARY 6, say that the Democrats did not want the Louisiana disfranchising amend county government system, in accordance with the recent deci ment to the constitution; that the charges made br the Re:publican and Pop ulist speakers that they, the Democrats, would disfranchise the negro and sion of the supreme court, was sufficient to settle whatever negro poor whites was false and only used to influence their votes. They also question there was; and if that did not settle it, then an amend favored the negroes controlling their own schools. ment to prohibit the negro from holding office would sett!e it be D. K. TA.YLOR. yond question. Sworn to and subscribed before me this the 27th day of January. 1900. They contended that it'' would be going too far" to prohibit the · W. P. WEMYSS, Justice of the Peace. negro from holding office. Besides, they contended that such an Mr. Robinson, like Mr. Davis and a majority of the Democratic amendment would be unconstitutional, while at the same time members, also broke his pledge when he was elected. But be it they contended that section 5, which discriminated against the said in the honor and to the credit of a few Democratic members negro's right to vote, was constitutional. of the last legislature that they refused to violate their solemn Mr. President, these ringleaders not only refused to submit an pledges and to betray those who voted for them on this pledge. amendment to prohibit the negro from holding office, but, on the They defied the lash of the party machine and stood true to their other hand, they explicitly provided in their amendment that the pledges and to the people. They refused to vote for this proposed negro should be eligible to bold office. It is clear from this that amendment in the legislature, and they are now openly opposing these politicians are carefully nursing and preserving the race it in their counties. issue for use in future-campaigns. PLEDGES DY DEMOORATIC COUNTY CHAIRMEN. I am tolJ that there were many stormy meetings in the secret Mr. President, not only did the Democratic candidates from the caucuses of that legislature, but the party lash was laid on from legislature make these pledges, but the Democratic county chair morning till night. At last, by a bare majority, as I understand, men thought they ought to follow the State chairman, and they this dangerous and undemocratic measure was driven through. issued addresses and appeals to the people. I have here a sample But, Mr. President, while a sufficient number of the members of them. This is from Chatham County. Mr. R.H. Hayes, the of the legislature were whipped in by the party lash to break their county chairman, publlshed an address to the voters of his county pledges and pass this proposed amendment, yet I am proud to be in which he uses as strong language as the State chairman had able to say that the masses of the Democratic voters have not been used in denouncing everybody who made the charge that they in whipped into line with the party lash and will not be. tended to disfranchise a single voter. I read the following from THE PEOPLE WILL NOT TOLER.A.TE SUCH TREACHERY, Mr. Hayes's address to the voters of Chatham County: There is not a more independent set of men on God's green The most astounding charge of the Fusionists, in their desperation, hi that if the Democrats win they will "disfranchise the negro and poor white man." earth than the voters in North Carolina. They have been doing I consider this an absolute insult to the intelligence of the whites and colored their own thinking since the last election, and the result js that alike. In the first place, this can not be done without a change in the consti they have decided that section 5 is dangerous and they are going tution, and this can only be done by a two-thirds vote of the people. The legislature can not do it. to vote against it. The Democratic leaders have discovered it, One of the fusion candidates in Chatham is a lawyer, and when pressed by and here they rush with a new device, to be known as section 6, me at Cumnock admitted this wa.s so, but tried to invent some other excuse. that they think will hoodwink these voters or satisfy them to run Men of Chatham, have not the Democrats had control for the last twenty years? Have they ever disfranchised one of you? Have you been denied the the risk of section 5. But the trick will not work. right to vote? If we can and wish to, could we not have done so long ago? I Mr. President, the masses of the Democratic party in North can not believe that any man of intelligence believes such ridiculous and Carolina do not indorse the treachery of their so-called leaders. absurd proposition as I am informed these people a.re secretly ma.king to the negro and unlettered white man. My friends, it is an attempt to presume They contend, and correctly, that the Democratic party in the upon your ignorance and is an insult to your intelligence. past has always stood up for manhood suffrage and that at least I read the following affidavit appended to this address certify they ought to be honest with the people on this question. They - ing that what I have read is a correct copy: point to the late Senator Vance as the leader of the party for this R. B. Lineberry, being duly sworn, says that the foregoin~ is one of the Democratic doctrine of manhood suffra~a, for which he always circular letters addressed to the voters of Chatham and distributed in Chat stood. As long as Senator Vance lived no such disfranchising ham County just previous to the election in 1898, and that R. H. Ha,yes, a scheme as this could ever be gotten through a Democratic caucus lawyer, who sent out said circular letter was then and is now, as he is in formed and believes, the chairman of the Democratic executive committee. or a Democratic legislature. R. N. LINEBERRY. ZEB VA.NOE DEMOCRATS A.ND MANHOOD SUFFRAGE. Sworn to and subscribed before me this 12th day of December, 1899. In witness whereof I hereunto set my hand and affix my official seal. To illustrate how the rank and file of the Democratic party in R.H. DIXON, North Carolina looked upon Senator Vance as their leader, and Clerk Superior Court of Ohatham County. who followed him loyally while he was alive and who 1·evere his Mr. President, I have here on my desk copies of similar addresses memory now, I will read the following interview with an old-time issued by other Democratic county chairmen to the same effect, Zeb Vance Democrat, given in the last few days, Mr. W. H. Har which I will not take the time to read unless some Senator wants grave, ex-Democratic representative from Haywood County in to hear them. the general assembly of North Carolina. He says: TREY HAVE BROKEN .ALL OF THESE SOLEMN PLEDGES. I am an old-time Democrat, and there are many in my section who can boast of the same distinction. With some exceptions we are opposed to this at Now, Mr. President, this is the kind of pledges made to the tempt to deprive white men of theil: prerogative. voters of North Carolina in the last campaign by the politicians 1 fought a similar measure whtm I was in the legislature eleven years ago. who are the authors of this disfranchising amendment. It was introduced at a midnight caucus, a.nd for that reason the proceedings .were never printed, as I can remember. It was the warmest kind of a debate, No sooner had the Democratic party gotten in power by these but the measure was defeated by a small majority. Such eminent Democrats pledges than certain party leaders began to prepare the disfran as Judge Hoke, Lieutenant-Governor Daughton, and Mr. George Jones fiercely chising suffrage scheme that we have now under consideration. opposed the bill as undemocratic. Zeb Vance was not present at this caucus, but was known to be in sympathy with the opposition. I do not charge that all members of the legislature when they No, we old-time Democrats do not intend to organize anti-amendment made those pledges on the stump knew at the time that they would clubs. We are going to make a "still" fight against the proposed amend keep them, for I believe that most of them when they made pledges ment and election law. Let me tell yon, the amendments will get a big intended to stand to them. Why? Because the record of the Dem surprise when the returns from Haywood a.re turned in. ocratic party in North Carolina has been for manhood suffrage, and Now, it may be asked, How is it possible for these supporters of they boasted of it on every stump. But when the legislature met a the amendment to hope to carry the State in the coming election few leaders began to urge this amendment. A large number of the in the face of the past record of the Democratic party for man Democratic members of the legislature protested against it, first hood suffrage, in the face of these false promises and broken pledges · on the ground that they had pledged their constituents not to vote in the last campaign, and in the face of the fact that ring politi for anything of the kind, and next, on the ground that their con cians who were the enemies of Senator Vance have captured the stituents were opposed to it, and if it was submitted it would be machinery of the party? Indeed, the man who is now Democratic voted down. The leaders continued to work and lay on the party State chairman was by Senator Vance defeated for confirmation lash. in this Senate for a revenue office. At this juncture efforts were made to try to get the leaders, in My answer is, they do not hope to carry the State; they do not stead of submitting this proposed amendment, to submit another hope to get a majority of the votes. They know that an over amendment~ one to prohibit the colored man from holding office, whelming majority of the voters of the State are opposed to the but not prohibiting him or anybody else from voting. It was amendment they have submitted and, besides, are determined to claimed that they had not pledged the people not to _prohibit any vote to repudiate them for their broken pledges and treachery. body from holding office. It was further claimed thatthatwould They knew it when they submitted the amendment. Knowing be constitutional because the fifteenth amendment did not use the this, Mr. President, they proceeded to take precautions before words "to hold office," but used the words "to vote." their legislature adjourned to provide a machinery by which they It was also pointed out to them that no race prejudice was ever hoped to put it through. What was that? They gave long and raised when the negro simply voted, because they compose only careful attention, these leaders who forced this amendment upon about one-third of the voters of _the State, but that it was only the rank and file, toward framing one of the most indefensible when the negro held office or aspired to office that race prejudice election laws that any State has ever had upon its statute book. and antagonism was or could be aroused. THE ELECTION LAW. lt was further pointed out to them that the change made in the They have not only given in it unlimited discretion and power county government, putting the negro counties under a different to minor election officers, but they have provided that there sha.ll 1900. CONGRESSIONAL RECORD-SENATE. 1557 be no appeal to the court from any wrong, however great. Before, I submit that it bas the earmarks of desiring the negro ques we have bad appeals in North Carolina to some higher body than tion to stay in the campaigns in order to hide the real issues and a little election officer when the law and the constitution were to enable politicians to appeal to race prejudice instead of to ar violated. It is not so with the present law. The fair and just gument. This is the first step to try to bring the negro into the election law that we had upon the statute book when this legisla campaign, and this from a source that is supporting this amend· ture met provided that every political party in North Carolina ment. This same editor in the last campaign in my State advised should be represented on every election board in the State. negroes to become candidates for various offices in order that he - That fair and honest election law provided further that the might have a. t.ext from which to appeal to race prejudice. I will parties should select their own officials to represent them and not leave every Senator to form his own opinion of such methods and have some other party select them for them. Is there any such the cause that needs to be supported by such methods. provi..qion in the present election law? If it had such a provision DISCUSSION WILL KILL THIS DANGEROUS AND PERFIDEOUS SCHEME. in it, the Democratic leaders of the State would never make a fight for this proposed constitutional amendment, for they would know Mr. President, this proposed amendment will be discussed in it would not be worth while. They would know before they be· North Carolina on every stump, and before the discussion is ove:r gan that it would be defeated by from fifty to seventy-five thousand the people will see the flimsiness and the absurdity of the propo votes. sition of Judge Brown to instruct the court how to decide on the Instead of a fair and just provision like the one I have referred constitutionality of section 5 as clearly as they have already seen to, giving every party a. representative of its own selection on all that section 5 was unconstitutional. election boards and giving power to appeal to the courts when Mr. President, discussion will kill this° amendment wherever it necessary to secure justice, they have adopted the machine meth is discussed, here or elsewhere. Appeals to race prejudice, mob ods of the Kentucky law, and witih cunning ingenuity have devised violence, and ballot-box stuffing are its only hope, and that the new schemes for manipulating and miscounting votes. people of North Carolina will not again tolerate. I have said this much, Mr. President, to give to those interested Mr. President, in conclusion, I trust I can truthfully say that a fair idea of the political situation now existing in the State. I have proven bytheweight of authoritythat section 5of the pro· Under these conditions, we are preparing to vote on the proposed posed amendment is clearly unconstitutional; that I have proven amendment. In spite of the election law referred to, if the peo by the overwhelming weight of authority and by all rules of con ple of my State are of the opinion that section 5 is unconstitu struction ever observed by the court that section 5 would fall tional, then the majority against it will be so great that I do not and that the remainder of the amendment would stand, and that think the election law will save them to overcome it. Besides, the result would be that as many white voters would thereby be those who do not indorse bad faith and treachery will vote to re· disfranchised as negroes; that I have proven that the proposed pudiate the leaders who have violated their solemn pledges to the attempt to amend the amendment at another session of the legis people. lature by the adoption of a provision instructing the court how to The Democratic leaders in my State realize that the more this construe the amendment would be ignored by the court as not proposition is discussed the more the voters will make up their only a "dead letter," but as a piece of impertinence, and hence minds that it is unconstitutional, and already that part of the would be of no effect except to call the attention of the court to the press and the politicians who are supporting it are declaring that fact that the legislature itself in passing the amendment doubted the amendment should not be further discussed, but, on the other its constitutionality. hand, they are doing everything in their power to banish reason Mr. President, in addition to the above I have proven beyond and to arouse prejudice and create a state of excitement. question the fact that the legislature that submitted this proposed A few days ago a prominent citizen who is opposed to this amendment got elected by making the most solemn pledges that amendment gave out an interview in which he stated that he was they would not attempt to disfranchise anyone, white or black, satisfied that a majority of the white voters of the State were if they were trusted by the people and put into power. Now. Mr. against the amendment and would vote against it if it could be President, it would be a base slander upon the voters of North calmly discussed upon the stump and the speeches pro and con Cai:olina to say that they would condone and indorse such treach- ' could be put before every voter in the State. ery, perfidy, and dishonor, to say nothing of supporting at the To that end, and to make it impossible for politicians who want polls such an unconstitutional and dangerous scheme. They will to appeal to race prejudice and prevent discussion from doing so, not do it. he suggested that the negro should not register or vote in the com But, on the other hand, the majority against this base and fraudu ing election, but leave the proposed amendment to be discussed lent scheme and against these politicians of perfidy and dishonor and settled by the votes of the white men alone. will be so large that they will not be able to steal or suppress it, even Would you not think that every Democratic paper and poli under the most infamous and thieving election law that ever dis tician who has appealed and yelled for" white supremacy" and graced the statute books of any State. The voters of North Caro loudly objected to negroes voting at aH would have gladly in lina, even though many of them are illiterate, are not dishonest, dorsed that suggestion to have one election in which the colored neither are they cowards. people would take no part, but stand aside and let the white peo Mr. President, I ask that the resolution lie on the table subject ple settle it? It will surprise those who think so to be told that to further call. · . at once the newspapers supporting the amendment began to de The PRESIDENT pro tempore. Without objection, it will be nounce the suggestion and redoubled their efforts to stop discus so ordered. sion and to appeal to race prejudice. THE FINANCIAL BILL. One of the leading papers in the State supporting the amend The Senate, as in Committee of the Whole, resumed the consid ment, published at Raleigh, as a countermove to this proposition eration of the bill (H. R. l) to define and fix the standard of value, for the negro not to take any part in the campaign, proceeded to to maintain the parity of all forms of money issued or coined by interview a negro and got an opinion from him for publication to the United States, and for other purposes. the effect that he did not approve of this plan. M~ TURNER obtained the floor. The editor, after stating the plan, said: Mr. TELLER. Will the Senator from Washington yield to me? As to the success of this plan, however, there is considerable room for :Mr. TURNER. Yes, sir. doubt. Mr. TELLER. It is nearly 4 o'clock and the Senat~ is exceed And then proceeded to publish the following interview from a ingly thin. I hardly think we ought to ask the Senator from negro politician: Washington, under the circumstances, to go on with his speech, "Do they expect us to stand idly by while our liberties are in danger?" unless he wishes to do so. • .. said a negro leader and politician yesterday. "If they do, they'll be badly Mr. TURNER. My remarks would probably detain the Senate fooled. We'll do nothing of the sort. If we did, we'd deserve to be disfran chised. Just now the negro is dazed. He doesn't know where to turn or until about half past 5 o'clock; and whilst I am perfectly willing what to do; but, mark my wo1·8-s, you'll hear from him later on in the cam to go on if it is the pleasure of the Senate that I s}J.all do so, I am paign." also perfectly willing to defer my remarks until to-mon-ow if that The paper proceeds to comment on that negro politician's inter will accommodate the Senate. view as follows: Mr. TELLER. IdonotknowwhetherthechairmanoftheCom Whether their leaders wish it or not, the negro is going to be very much in mittee on Foreign Relations [Mr. DA VIS] does or does not desire the coming campaign. an executive session. I suppose he does from what he heretofore The above is from the Raleigh News and Observer of W ednes said; but I do not see him present at this time. day, January 31, 1900. Mr. FORAKER. I would say to the Senator from Colorado Mr. President, I submit to the Senate and to a candid public that I think it is the desire of the chairman of the Committee on that the editor of a newspaper, claiming to be in favor of remov Foreign Relations to have an executive session this afternoon. ing the negro from politics, yet who goes out to hunt up negro Mr. COCKRELL. There will be ample time for that. If we politfoians and secures and publishes interviews from them to tl;le are not going to discuss the financial bill this afternoon, I suggest effect that they are not in favor of such a plan to leave the white that we go to the Calendar. people alone to settle this suffrage question, is not a fit man to ad Mr. FORAKER. For how long a time? vise the people how to vote on such a question or on any other Mr. COCKRELL. For half an hour or three-quarters of an question. hour. 1558 CONGRESSIONAL RECORD-.SENATE. FEBRUARY 6, Mr. ALDRICH. I understand it will be more agreeable to the rado make that remark. I understand that, so far as to-morrow Senator from Washington [Mr. TURNER] to proceed to-morrow. is concerned, by unanimous consent, the Senator from Washing Perhaps we had better have a short executive session and go to ton fMr. TURNER] has the floor at 2 o'clock, so that anything the Calendar afterwards. which may be under consideration before that time will have to Mr. COCKRELL. Why not go to the Calendar now? be set aside at that hour. Mr. ALDRICH. I do not object if the Senator prefers that Mr. ALLISON. I want to make another suggestion in refer· course, but I suggest that the unfinished business may be laid ence to the financial bill; and that is that after a day or two we aside temporarily. ought to take up the financial measure immediately on the con Mr. FORAKER. Perhaps, in the absence of the chairman of clusion of the routine business of the morning hour. the Committee on Foreign Relations, that would be better, Mr. COCKRELL. That is right. Mr. COCKRELL. Let the pending business be informally laid Mr. ALDRICH. I think that will be necessary in order to allow aside, and let us go to the Calendar. Senators who wish to speak an opportunity to do so. Mr. ALDRICH. The Senator from Washington [l\Ir. TURNER] Mr. COCKRELL. Why not begin to-morrow morning? to be entitled to the floor at 2 o'clock to-morrow. Mr. ALDRICH. I have no objection to·having an understand- Mr. TURNER. With that understanding, I yield. ing or an agreement that we take up the financial bill to-morrow The PRESIDENT pro tempore. Unanimous consent is asked morning by unanimous consent after the routine morning busi that the nnfuiished business be temporarily laid aside. Is there ness. objection? The Chair hears none, and it is so ordered. The PRESIDENT pro tempore. Does the Senator make that OONSIDER~TION OF THE CALENDAR. request? . T- h c 1 a bef th s ? Mr. ALDRICH. I domakethat request, that to-morrowmorn- Mr. TELLER. .lll t e a en ar ore e enate. ing and afterwards, until the financial bill is disposed of, it be Mr. COCKRELL. The Calendar is now before the Senate. The PRESIDENT pro tempore. Not by virtue of any rule. taken up immediately after the routine morning business. The Senator from Missouri (Mr. ComrnELL] as.ks unanimous con- The PRESIDENT pro tempore. The Senator from Rhode Is sent to proceed to the consideration of unobjected bills on the land as.ks unanimous consent that the bill known as the financial Calendar. Is there objection? The Chair hears none. The first bill shall be taken np immediately after the conclusion of the bill on the Calendar will be stated. morning business-- The SECRETARY. A bill (S. 602) to revive and amend an act to Mr. ALDRICH. The routine morning business. provide for the collection of abandoned property and the preven- The PRESIDENT pro tempore. After the conclusion of the tion of frauds in insnrrectionarydistricts within the United States, routine morning business, and taken up on all subsequent morn- and acts a.mandatory thereof. ings-- Mr. ALDRICB. I would suggest that when the Calendar is Mr. ALDRICH. And continued from day to day until finally f b" d lik disposed of. taken up cases w hi·c h have b een h ereto ore 0 Jecte to, 0 the The PRESIDENT pro tempore. And continued from day to one which has just been stated, should not be called. . Mr. COCKRELL. Let that bill be passed over. If bills which day until finally disposed of, to the exclusion of all other busi· will provoke debate have not been objected to, I object to them neM~. CULLOM. I suppose if no Senator wants to speak on the no:M';. ALDRICH. Any other course may lead to embarrassment financial bill in the morning hour of any day, we can attend to other business. and surprise, because ther~ are a number of objected cases on the Mr. ALDRICH. That will be all right. Calendar; otherwise we must have such bills go to the Calendar The PRESIDENT pro tempore. Is there objection to the re- under Rule IX. If we do not do that, Senators will be obliged to stay here to object to bills like the one the title of which has just quest of the Senator f:rom Rhode Island as stated by the Chair? been stated, to which a number of Senators have strenuous objec- The Chair hears none, and it is so ordered. tions. I would suggest, when the Calendar is called, as has been ORDER OF BUSINESS. the custom heretofore, that we shall take up the cases subsequent Mr. FORAKER. I want to give notice for whatever it may to those which have been passed over under objection. be worth that as soon as the financial bill is disposed of, I shall Mr. COCKRELL. Let Orders of Business 18 and 36 go to the move to take up for consideration the bill to provide a government other Calendar. It will not make any difference, for they can be for Puei·to Rico, and for other purposes, being Senate bill 2264. I taken up on one Calendar as well as on the other. hope there will be no objection to that. Mr. ALDRICH. All right; let them go to the Calendar under Mr. CULLOM. I trust that my colleague on the Committee on Rule IX. Foreign Relations and the chairman of the committee reporting The PRESIDENT pro tempore. It has been the custom of the the bill in reference to Puerto Rico will not interfere with the bill Senate to commence with the consi(Jeration of bills where the last in relation to Hawaii. preceding case on the Calendar wasleft off. Mr. FORAKER. I have no disposition to do so at all. On the Mr. ALDRICH. That has been the custom, and it has also contrary, I am equally interested in that bill. been customary to print the Calendar with a statement showing Mr. CULLOM. I know the Senator is. I did not wish to move the point which was reached when the Calendar was last under to take up that bill when another bill was under consideration consideration. I think it would be a very good idea to have that and proceed with its consideration an hour or two one day and an custom continued. hour or two two or three days thereafter. I should like to have The PRESIDENT pro tempore. The next bill in order on the the Hawaiian bill taken up after the financial bill shall be dis- Calendar will be stated. posed of, and I think it will not take very long to pass it. Mr. FORAKER. I have no doubt the Senator and I can agree EXTE.i.'iSION OF LAws OVER PUERTO RICO. upon the matter without any conflict at all, but I want the Puerto The bill (S. 730) to extend the laws relating to commerce, navi· Rican bill passed also. · gation, and merchant seamen over the island of Puerto Rico, Mr. COCKRELL. I call for the regular order-the Calendar. ceded to the United States, was announced as next in order on Mr. SHOUP. I observe the absence of the chairman of the the Calendar. Committee on Privileges and Elections. He has given notice that Mr. COCKRELL. That bill was objected to in the same way, he would move on Wednesday to take up the question of seating and I object to it now. · I object to all such bills. Let them go Senator Quay. If that shall not be out of the way before the Sen to the other Calendar. ator from Ohio and the Senator from Illinois move the considera Mr. ALDRICH. They can be taken up on vote at any time tion of the bills naJD.ed by them, I think it would be well for them on one Calendar as well as another. to yield until it shall have been disposed of. Mr. COCKRELL. If such bills are to be called every time the The PRESIDENT pro tempore. Under the unanimous-consent Calendar is taken up, I shall object to them, notwithstanding agreement nothing can be taken up after the routine business each that I may be in favor of them. Let them go on the other morning until the financial bill shall have been disposed of. Calendar. Mr. ALDRICH. That is right. · THE FINANCIAL BILL. Mr. PETTUS. Would not unanimous consent set it aside for Mr. TELLER. I want to say a word, not on the bill the title the time being? of which has been stated, but I want to be in order so as to speak Mr. SHOUP. But the motions of which notice has been given when there is something before the Senate. . are motions to be made following the vote on the financial bill. We have had a discussion going on for some time in the morn- I do not think any measure ought to interfere with the determina ing hour which extends so far beyond the morning hour that the tion of the question as to whether or not Senator Quay is entitled financial bill has been pra-ctically shelved. The time when final to a seat in the Senate. action is to be taken on the bill is getting to be very short. I de- MI'. ALDRICH. The time a.s to which the Senator is speaking sire to say that I shall feel it not only my right, but my duty, is after the 10th of February. to-morrow, if any Senator insists on extending his remarks be- Mr. SHOUP. Yes. yond the morning hour, to object. · Mr. COCKRELL. Let ttB wait until the 15th of February Mr. ALDRICH. I am very glad to hear the Senator from Colo· comes. 1900. CONGRESSIONAL RECORD-SENATE. 1559 The PRESIDENT pro tempore. The Calendar is in order and The title was amended so as to read: "A bill to revive and re· the Secretary will report the next case. enact the act entitled 'An act to establish a railroad bridge across CAPT. FRANCIS TUTTLE AND OTHERS. the lliinois River near Grafton, Ill.,' approved May 21, 1896." The joint resolution (S. R. 24) recognizing the able and gallant FUNERAL OF GENERAL LA WTO~. services of Capt. Francis Tuttle, Revenue-Cutter Service, his offi- The PRESIDENT pro tempore. The Chair is in receipt of a cers and men of theBem·; alsotheheroicservicesof Lieuts. David telegram, which will be submitted to the Senate for its inform.a· . H. Jarvis, Ellsworth P. Bertholf, and Dr. Samuel J. Call, compos- tion. ing the overland expedition to Point Barrow, Arctic Ocean, for The Secretary read as follows: the relief of imperiled whalers, was announced as next in order, (Telegram.] and the Senate, as in Committee of the Whole, proceeded to its wa-shingto;,vt8'o~~~~~~iooo. conside1·ation. . To the President of the Senate: The joint resolution was reported from the Committee on Com- In making arrangements forthefuneralof the late General Lawton, which merce with an amendment, on page 2, after line 19, to strike out is to take place at the Church of the Covenant, next Friday at 2 o'clockleeats have been reserved for the military committees of the two Houses or Con- the last paragraph, as follows: gress, also the Indiana dele~tion in Congress. I desire to inform you, and That the sum of $2,500 is hereby appropriated, the same to be disbursed by through yon the members of the body over which yon preside. that seats will the Secretary of the Treasury, for the purp<>se of bestowing suitable rewards also be reserved for all individual Senators and Members who shall before upon w. T. Lopp, agent of the American Missionary Society of Cape Prince Thursday noon notify the Adjutant-General of the Army of their desire to be of Wales, Alaska; Artisarlook. and other natives of Alaska, for material aid pfresthent.enTat1:easnudggesutisoen. as to Senators and Members applies to the officers 0 0 0 and assistance rendere1 by them to the overland relief expedition, com- 8 .J I H manded by First Lieut. David H. Jarvis, Revenue-Cutter Service. · ELIHU ROOT, So as to make the bill read: Seci-etary of War. MESSA.GE FROM THE HOUSE. Resolved, etc., That the thanks of Congress are hereby extended to Capt. Francis Tuttle, of the Revenue-Cutter Service, and the officers and men of A message from the House of Representatives, by Mr. W. J. the revenue cutter Bear, under hi . 1560 CONGRESSIONAL RECORD-SEN.ATE. FEBRUARY 6, . M. D. CROW. The Supervising Inspector-General of Steam Vessels, to whom the bill was referred, reported that he had no serious objections to the passage of the bill. The bill (S. 1543) for the relief of M. D. Crow was considered As the purchaser appears to have bought the boilers in good faith from as in Committee of the Whole. It directs the Postmaster-General the Government, for a valuable consideration, and a.s there is great need for to credit the account of M. D. Crow, late postmasteratPueblo, in all steamship material at the _present time, your committee feels that it is justified in waiving a. technical requirement of the general law, and accord· the State of Colo1·ado, with the sum.of $1,0~2.62, beingtheamonnt mgly report back the bill with the recommendation that it pass. necessarily expended by him in conducting the business of the The bill was reported to the Senate without amendment, ordered post-office at Pueblo from April 1, 1885, to June 30, 1889, in excess to be engrossed for a third reading, read the third time, and passed. of the amount allowed him by the Post-Office Department. The bill was reported to the Senate without amendment, ordered LIGHTS ON STEAM PILOT VESSELS. to be engrossed for a third reading, read the third time, and passed. The bill (S. 732) relating to lights on steam pilot vessels was W. H. L, PEPPERELL. considered as in Committee of the Whole. The bill (8. 1284) for the relief of W. H. L. Pepperell, of Con The bill was reported from·the Committee on commerce with cordia, Kans., was considered as in Committee of the Whole. It an amendment, in line 14, page 2, section 3, after the word" effect," directs the Postmaster-General to cause the accounts of W. H. L. to strike out the words "on June 30, 1900," and insert ''sixty Pepperell, late postmaster at Concordia, State of Kansas, to be days after its enactment;" so as to make the section read: credited with $1,545, and that he cause the credit to be certified to · SEC. 3. That this a-Ot shall take effect sixty days after its enactment. the Auditor of the Treasury for the Post-Office Department, being The amendment was agreed to. on account of the loss of $1,345 in postage stamps and $200 in The bill was reported to the Senate as amended, and the amend- postal funds stolen from that post-office on August 27, 1887. ment was concurred in. . The bill was reported to the Senate withoutamendment, ordered The bill was ordered to be engrossed for a third reading, read to be engrossed for a third reading;read the third time, and passed. the third time, and passed. PERFORMA1''\CE OF EXECUTIVE FUNCTIONS. M. E. SAVILLE. The bill (S. 334) prohibiting the appointment or employment of The bill (S. 442) for the relief of M. E. Saville was considered as Senators and Representatives to perform executive functions was in Committee of the Whole. It directs the Secretary of War to announced as the next bill in order on the Calendar.· cause to be investigated an embezzlement of quartermaster and Mr. PLATT of Connecticut. I object to the :consideration of commissary funds and stores at Fort Gill, Okla., discovered while the bill. M. E. Saville, first lieutenant, Tenth Regiment United States In The PRESIDENT pro tempore. The bill goes over without fantry, was quartermaster and commissary at that post, in 1896 prejudice. and 1897, and if upon such examination he shall be satisfied that CATHOLIC CHURCH .A.T MACON CITY, MO. Saville exercised due diligence and care, he is authorized to re The bill (S. 468) for the relief of the Catholic Church at Macon lease Saville from any further liability for the sum of $1,369.55, City, Mo., was considered as in Committee of the Whole. It di· and to refund and pay back to Saville whatever sums may have rects the Secretary of War to cause to be investigated the alleged been withheld and deducted from his pay. use and occupation by the United States military authorities, for The bill was reported to the Senate without amend~ent, ordered Government purposes, during the late war, of the Catholic Church to be engrossed for a third reading, read the third time, and passed. at Macon City, in Macon County, Mo., the actual value of such use and occupation, and the Secretary of the Treasury is directed CHARLES STIERLIN. t.o pay the amount, if any, found to be due from the United The bill (S. 2281) for the relief of Charles Stierlin was consid States. ered as in Committee of the Whole. It authorizes the President The bill was reported to the Senate without amendment, ordered to revoke and set aside, so far as they relate to Charles Stierlin, cer4 to be engrossed for a third reading, read the third time, and passed. . tain special orders dishonorably dismissing Second Lieut. Charles Stierlin, Battery L, First Missouri Artillery, and to issue to him ST. CHARLES COLLEGE, MISSOURI. an honorable discharge as of date of March 16, 1864. The bill (S. 446) for the relief of St. Charles College was con The bill was reported to the Senate without amendment, ordered sidered as in Committee of the Whole. It directs the Secretary to be engrossed for a third reading, read the third time, and passed. of War to investigate the alleged use and occupation by the United States military authorities, for Government purposes, during the LOUIS MILLER, late war, of the college buildings and grounds of St. Charles Col The bill (S. 195) for the relief of Louis Miller was considered as lege, in St. Charles County, Mo., the actual value of such use and in Committee of the Whole. It authorizes the Secretary of War occupation, and the Secretary of the Treasury is directed to pay to correct· the military record of Louis Miller, late a member of to the St. Charles College the amount, if any, found to be due from the Sixty-second New York Infantry Volunteers, and to grant the United States. him an honorable discharge as of date August 4, 1862, from Com The bill was reported to the Senate without amendment, ordered pany I of that regiment. to be engrossed for a third reading, read the third time, and passed. The bill was reported to the Senate without amendment, ordered to be engrossed for a third reading, read the third time, and passed. BOILERS OF THE ALVENA AND AILSA. ESTATE OF CHARLES M, ROBERTS, DECEASED. The bill (S. 1746) to provide for the inspection of the boilers of the Alvena and .Ailsa was considered as in Committ;ee of the The bill (S. 188) for the relief of the estate of Charles M. Rob Whole. erts, deceased, was considered as in Committee of the Whole. It Mr. PLATT of Connecticut. Is there a report accompanying authorizes the Secreta.ry of the Treasury to pay to the adminis the bill? . trator de b::mis non of the estate of Charles M. Roberts, deceased, The PRESIDENT pro tempore. There is a report. $39,034.21, in full settlement of the findings of the Court of Claims Mr. PLATT of Connecticut. Is it a long or short report? in Congressional case No. 71, House Miscellaneous Document No. Mr. COCKRELL. A short one. 108, Forty-ninth Congress, first session. . The PRESIDENT pro tempore. It is a short report. Mr. COCKRELL. Unless some one can explain why no move Mr. PLATT of Connecticut. I should like to hear it read. ment has been made again~t the parties who indemnified the United The PRESIDENT pro tempore. The report will be read. States I should like to have the bill passed over. The Secretary read the report (submitted by Mr. PENROSE, from Mr. STEWART. A similar bill has passed the Senate several the Committee on Commerce, January 11, 1900), as follows: times. The Committee on Commerce, to whom was referred the bill (S.174D) to Mr. COCKRELL. I know it, but that does not necessarily and provide for the inspection of the boilers of the Alvena and A i lsa, have con- absolutely preclude any inquiry in regard to it. 8 Mr. STEWART. It bas been thoroughly inquired into, and sid~~ge~~~ s~~·:f1&r~E~~o~¥te'! ~hows that in 1897 t he wrecks of the there is a report here which makes it a very clear case. steamers Alvena and A i lsa lay in New York Harbor, and that in April of that ~ar the Engineer Department of the Army advertised for their removal Mr. COCKRELL. The report does not say anything about John W. Chittenden of New York, associated with the Merritt & Chapman whether the Government has any recourse on those parties, who Wrecking Company, was the successful bidder. During the progress of the ought to have been required to give a bond of indemnity under the work the engineer officer in charge d ecided it would be to the Government's interest to dispose of the material recovered to the highest bidd er . T he m ost terms of the contract. valuable of the material was five boilers. The contractor's (Chittendcn 's) Mr. STEW.ART. The party is dead and the estate is good for bid was the highest, and the amount of his bid for the boilers was deducted nothing. There is no recourse on him. from the amount coming to him for removing the wreckage. After purchasing the boilers and applying for their Government inspec Allow me one moment. A contract was to be let to put down a tion. so that they could be used in a United States vessel, the purchaser, pavement, and Roberts, the claimant, and Cook both bid on it. Chittenden. found that the United States inspectors had no authority under Roberts bid 45 and Cook 28-! cents per square foot. Roberts had existing laws to make the inspection, as the boiler ~lates are of foreign man ufacture. The :present bill is to permit the inspection of these boilers to see the exclusive right to lay pavements under the Schillinger patent, if they are sufficiently strong and suitable to be used for United States marine which afterwards went through all the courts. The Architect of purposes, to which end the usual tests will be applied, and the material will the Capitol held that, inasmuch as it was cheape1· and the courts be passed only in the event that it successfully withstands all the tests, the had not established the validity of the patent, it would be for the Government being in no way committed to passing the boilers, under ~he language of tho bill. interest of the United States to accept the lower bid. He took I I ; ( 1900. CONGRESSIONAL RECORD-SENATE. 1561 the lower bid of Cook, disregarding the patent. The court held shall be amended and the word "South" inserted before the that the patent was good. The case went to the Supreme Court, word" Manchester," more completely to carry out the purposes and later the matter was referred to the Court of Claims to find of the measure. That is where the chief business is PROMOTIONS :rn THE NA. VY. J There being no objection, the House proceeded to the considera- Pay In~pector Henry T. Wright, to be a pay director in the Iti~n of. the bill; which was ordered to a third reading, read the Navy from the 2-Bd day of December, 1899. third time! and passed. . . Paymaster Samuel R. Colhoun to be a pay inspector in the On motion of Mr. TATE, a motion to reconsider the vote by Navy from the 23d day of December, 1899. which the bill was passed was laid on the _tab~e. . P.A. Paymaster Joseph J. Cheatham to be a paymaster in the The SPEAKER. In the absence of ob3ect1on, Bouse blll 7661, Navy from the 23d day of December, 1S99. similar in its provisions to the bill just passed, will be laid on the P. A. Paymaster Martin Mcl\I. Ramsay, to be a paymaster in table. . . the Navy from the 12th day of November, 1899. There was no ob3ection. A.PPOINTllENTS IN THE NAVY. LEA. VE TO PRINT. Joseph Anthony Murphy, a citizen of Pennsylvania, to be an Mr. FITZGERALD of New York. Mr. Speaker, on Friday and · assistant surgeon in the Navy from the 3d day of January, 1900. Saturday last I submitted some remarks upon matters pertinent Raymond E. Sawye1·, a citizen of New York, to be a second to the Indian appropriation bill, which was then under considera lieutenant in theMarine Corps~ from the 2d day of January, 1900. tion. Leave to print h&s been given, but it is limited to five days. In consequence of absence from the city it will be impossible for PROMOTION IN THE REVENUE-CUTTER SERVICE. me to file my remarks within the time specified. I ask unani Second Lieut. Preston H. Uberroth, of Pennsylvania, to be a mous consent, therefore, to extend my remarks in the RECORD first lieutenant in the Revenue-Cutter Service of the United without regard to the limitation of time fixed by the House. States. There was no objection. URGE~ DEFICIENCY BILL. HOUSE OF REPRESENTATIVES. Mr. CANNON. I rise to make a privileged report-the report TUESDAY, February 6, 1900. of a committee t>f conference-and I ask unanimous consent that the reading of the report be dispensed with and that only the The Honse met at 12 o'clock m. Prayer by the Chaplain, Rev. statement of the House conferees be read. HENRY N. COUDEN, D. D. There was no objection. The J ourna.l of yesterday's proceedings was read and approved. The conference report (which was not read) is as follows: FUNERAL OF GENERAL LAWTON. The committee of conference on the disagreeing votes of the two Houses on The SPEAKER. With the permission of the House, the Clerk the amendments ot the Senate numbere I