Congressional Record-Senate. February 12

2060 CONGRESSIONAL RECORD-SENATE. FEBRUARY 12,

PRIVATE BILLS, ETC. examination of Post-office Inspector Anthony Comstock-to the Committee on Reform in the Civil Service. Under clause 1 of Rule XXII, private bills of the following titles By Mr. PIGOTT: Remonstrance of the Wine, Liquor, and were uresented and referred as follows: Beer Dealers' Association of Derby, Conn., against any increase By Mr. BELTZHOOVER:. A bill (H. R. 881'!) for the relief of of the beer tax-to the Committee on Ways and Means. Cyrus Martin-to the Committee on War Claims. By Mr. REYBURN: Resolution of 300 citizens of Falls of By Mr. FLYNN: A bill (H. R. 8845) granting a pen.Sion to George Schuylkill, Philadelphia, Pa., against granting suffrage to aliens Machamer-to the Committee on Invalid Pensions. to the Committee on the Judiciary. By Mr. HEARD: A bill (H. R. 8846) to authorize the Postm~ Also, resolutions of 300 citizens of Falls of Schuy)kill, Philadel ter-General to refund to Volley P. Hart, postmaster at Sedaha, phia, Pa., against sectarian appropriations of public money-to Mo., moneys sent b1m by the Post-Office Department for disbu!se the Committee on Appropriations. ment and lost by the failure of the First N ationaJ Bank of Sedaha By Mr. SMITH of illinois: Petition urging the passage of Senate to the Committee on Claims. bill1620, entitled ''Anact for the suppression of lottery traffic"-to By Mr. STORER (by request): A bill (H. R. 8847) to appropri the Committee on the Judiciary. ate $15,000 for the benefit of Eli Norris to ena"J?le him to constrt~ct By Mr. STONE of Kentucky: Petition of Lucinda B. Brown, ad· certain steel-projectile guns-to the Committee on Appropna ministratrix of James. Brown, deceased, late of Adams County, tions. Miss., surviving partner of Reynolds & Brown, to the Congress By Mr. WOLVERTON: 4- bill (H. R. 8848) to in.crease the pen of the United States, asking reference of said claim to the Court sion of Harriet C. Gregg, Widow of Col. John Irvm Gregg, from of Claims-to the Committee on War Claims. $30 to $50 per month-to the Committee on Invalid Pensions. By Mr. CHARLES W. STONE: Petition of Fred Beck, of Spring Creek, Warren County, Pa., agains~ printing ~h~ report of the PETITIONS, ETC. Columbian dairy tests-to the Comrmttee on Prmtmg. Under clause 1 of Rule XXII, thefollowingpetitionsandpapers Also, memorial of Folwell Lodge, No. 326, Brotherhood of Loco motive Engineers, of Bradfo;rd, Pa., in favor of t~e passag~ of were laid on the Clerk's desk and referred as follows: House bill 5603-to the Committee on Merchant Manne and FISh· By Mr. ADAMS of Pennsylvania: Peti~on of citizens of Phila eries. delphia against lotteries-to the Committee on Interstate and Foreign Commerce. Also resolution of 45 citizens of Dempseytown, Pa., in favor of By Mr. BELL of Colorado: Petition of citizens. of Averton, an am~ndment to the Constitution prohibiting any State from granting the right of su:ffra~e to any perso~ p.ot a citizen of the Pueblo County, Colo., protesting againstanyfurt~er ISsue ofboJ?-dS by the United States Government-to the Committee on Banking United States-to the Committee on the Judiciary. and Currency. By Mr. STRONG: Petition of 75 citizens of Forest, Ohio, in By Mr. BRICKNER: Protest of the Wisco?-sin Saloonkeepers' favor of an amendment to the Constitution providing that no State shall grant the right of franchise to a~y person who is.n,ot a citi Benevolent Association, against the proposed mcrease of the beer zen of the United States-to the Committee on the Jud1c1ary. tax-to the Committee on Ways and Means. Also, petition of 75 citizens of Forest, Ohio, praying for a con· By Mr. D URBOROW: Resolutions of the Chic~go Branch of .the stitutional amendment providing that neither Congress nor any Shipmasters' Association of the Great Lakes, urgmg the establiSh State shaH pass any law respecting an establishment of religion ment of branch hydrographic offices at each of the principall~e to the Committee on the Judiciary. ports, and for sufi?.cient appropriations therefor-to the Commit- By Mr. TAYLOR of Indiana (by request): Petition of Hugh N. tee on Naval Affarrs. . . . Clarkandothers, of Evansville, Ind., asking legislative a:mendment Also memorial of Chicago Jewelers' AssoCiatiOn, m favor of to the Constitution of the United States-to the Committee on the the rec'ommendations of the President in his late message-to the Judiciary. . Committee on Banking and Currency. Also, petition of Hugh N. Clark and others, of Ev~ns~le, Ind., Also, protest of. the Horticultural Society o.f Chicago, against the askinO' legislation looking to change of the Constitution of the present distributiOn of seeds and ?Ommending the recom!llenda United States-to the Committee on the Judiciary. tions of Secretary Morton to abolish same-to the Committee on Also, petition of members of Arch~r Post~ No. 28! Department of Agriculture. . Indiana, Grand Army of the Republic, asking an ~crease of pe~ By Mr. GRAHAM: Petition of the Central Labor. Um~m of sion for Samuel W. Scott, late of Company G, Thirteenth Regi Brooklyn, N.Y., in favor of House bill 56, for the classification of ment Tennessee Cavalry, from $10 to $20 per month-to the Com postal clerks-to the Commit~ee on ~h:e Post-O!Ji:ce and Post-Roads. mittee on Pensions. By Mr. HALL of Missouri: Petition of citizens of Randolph By Mr. WARNER: Memorial of New York Chamber of C?m County, Mo., in favor of a banking and currency system-to the merce in favor of an additional tug for the use of the superVIsor Committee on Banking and Currency. of the harbor at New York and for more liberal appropriations for By Mr. HAR~~R: Pream"J?le and reso~ution a;dopted at a use of said supervisor-to the Committee on Appropriapions. meeting of 398 citizens of Bnd~sht:~r~, Php.~delphia, .P.a., h~ld Also memorialof NewYork Chamber of Commerce m favor of February 8, 1895, in favor of mamtarmng civil and re?gious lib the M~rgan and Lodge bills for the reorganization ?f the co?sular erty by absolute separation of church and state, and m favo-r of and diplomatic service-to the Committee on Foreign Affarrs. an amendment to the Constitution of the Un~ted s.tates agamst the use of the property or credit o! the U mt~d S~a~s, or a?y State, or any money raised by taxation, !or mamtalJ?-ln~ any In stitution wholly or in part under sectanan or ecclesiastical con SENATE. trol-to the Committee on the Judiciary. TUESD.AY, Feb1·ua'ry 12, 1895. Also, preamble and r~solutio? adopted at a meeting of 398 citi zens of Bridesburg, Philadelphia, Pa., held F~bruary 8, 1895 se~ Prayer by the Chaplain, Rev. W. H. MILBURN, D. D. tinO' forth that in a number of States the nght of franchise1 IS The Journal of yesterday's proceedings was read and approved. gra~ted to aliens after a residence of from fo~ :to five months to MESSAGE FROM THE HOUSE. one year, and, that the rights of the legal CitiZe_n~ may not. be abridged, petitioning that Congress s~all .adopt a JOmt .resolution A message from the House of Representatives, by M:r. T. 0. proposing an amendment to the Constitution ?f the Umted Stat~s TowLES its Chief Clerk, announced that the House had disagreed that no State shall grant the right of franchiSe to any person m to the a~endments of the Senate to the bill (H. R ..8234) maki:J?-g violation of the laws of the United States-to the Committee on appropriations for the diplomatic and consular serVIc~ for the fis the Judiciary. . cal year ending June 30, 1896, asked a conference With the Sen By Mr. HITT: Memorial and resol~tions of the C~cag~ Jew ate on the disag1·eeing votes of the two Houses t~ere~n, ~nd had ap elers' Association favoring the financial !ecommendatioD!lm the pointed Mr. MCCREARY, Mr. HOOKER of MISsissippi, and Mr. President's message of January 28, 189o-to the Committee on H:rTT managers at the conference on the part of the House. Banking and Currency. The message also announced that the House. had a~reed to the By Mr. IKIRT: Resolution of 350 citizens of Cant MEMORIALS. Mr. PLATT. I think not. The VICE-PRESIDENT presented a memorial of the legisla Mr. CULLOM. I move that the petition be refen·ed to the Com tive assembly of the Territory of Arizona; which was read, and mittee on Interstate Commerce. referred to the Committee on Military Affairs, as follows: The motion was agreed to. TERRITORY OF ARIZONA., OFFICE OF THE SECRETARY. Mr. PLATT presented a petition of Comstock Lodge No. 332, UNITED STATES OF AMERICA, Territory of A1-izona, ss: Brotherhood of Railroad Trainmen of South Norwalk, Conn., I Charles M. Bruce, secretary of the Territory of Arizona, do hereby cer praying for the passage of House bill No. 5603, to ameliorate the tify that the within Ce me morial No. 1, of the eighteenth legiSlative assembly of Arizona, filed m thls condition of American seamen; which was ordered to lie on the table. office the 5th day of February, A. D. 1895, a.t 10 o'clock a. m., as provided by He also presented a petition of the Che1·okee Indian Citizenship ~~ . ln testimony whereof I have hereunto set my hand and affixed my offiCial Association of the Cherokee Nation, Indian Territory, praying for seal. Done at the city of Phcenix this 5th day of February, 1895. the ena-ctment of legislation whereby the controversy now exist [SEAL.] CHARLES M. BRUCE, ing between members of that association and the Cherokee Nation Secretary of the Territory. may be adjusted, and the claimants have a right to participate in House memorial No. I.-Protesting against the removal of troops from San the lands and moneys secured by treaty stipulations to the whole Carlos, Ariz. Cherokee people, etc.; which was referred to the Committee on In To the Senate and House of Representatives of the United States of America in Congress assen~bled: dian Affairs. Your memorialists, the eighteenth legislative assemb~y of the Territory Mr. QUAY presented petitions of 240 citizens of Pittsburg; of of Arizona, beg leave to represent to your honorable bodies- 79 citizens of Cowansburg; of sundry citizens of Adamsburg; of That there are now about 4,000 Apache Indians located and near San Carlos, on the White Mountain Indian Reservation. 50 citizens of Hoboken; of 300 citizens of Philadelphia; of 70 citi The effect upon these Indians_by the abandonment of San Carlos as a mili zens of Palo Alto; of 40 citizens of New Bethlehem; of 57 citizens tary post is not realized by the War Department. of Rundell; of 159 citizens of New Castle; of 200 citizens of Bris H eretofore the Indians have furnished nearl:y all of the fuel wood, hay, and barley consumed by the military, besides findin~ a market for the various tol, and of 136 citizens of Bennett, all in the State of Pennsylvania, other products of their farms and articles of Indian manufacture. praying for the adoption of an amendment to the Constitution of These Indians have supplied the post of San Carlos yearly about- the United States providing that "no State shall grant the right 1300 cords of wood, at $6 a cord------··---· $7,800 of franchise to any person who is not a citizen of the United States;" 400 tons of hay, at $15------·---·------·· 6,000 which were referred to the Committee on the Judiciary. 400,000pounds of barley, at $1.25 ------·------·-····---·------··-- 5,000 He also presented petitions of 146 citizens of Pittsburg, of 70 Total ____ ---- _-·-·· ____ • -· _____ --·---- ____ ---- __ ------__ --- 18,800 citizens of Steelton, of 189 citizens of Harrisburg, of 130 citizens And, besides, considerable additional revenuPs were derived from the sale of Erie, of 50 citizens of Hoboken, of 45 citizens of Dempseytown, and manufacture of Indian beadwork to the officers and soldiers, which was expended for the staple articles of food and clothin~ . of 91 citizens of Bellevue, of 40 citizens of New Bethlehem, of 159 Nevertheless, with all of this r evenue, these Indians have suffered for the citizens of New Castle, of 136 citizens of Bennett, of 130 citizens necessaries of life, and the majority have had to go hungry several days of of Montoursville, of 57 citizens of Rundell, and of 150 citizens of each week. When these Indians, who are only partly civilized and whose savage spirit South Fork, all in the State of Pennsylvania, praying for the is only subdued by the constant presence of the United States troops, will be adoption of an amendment to the Constitution of the United States without adequate food and clothmg for theil· bodily sustenance and comfort, to prevent the appropriation of moneys for sectarian institutions; and by the withdrawal of the troops they will be driven to desperation by starvation and insufficiency of clothing and compelled to raid, plunder, and which were referred to the Committee on the Judiciary. murder our citizens as in years past. Mr. BUTLER presented resolutions adopted by the Chamber of Now, therefore, we, your memorialists of the eighteenth legis~tive assem Commerce of Charleston S.C., favoringthe provisions contained bly, do earnestly assure your honorable bodies that the foregoing are facts 1 readily proved, and in view of the alarming situation we earnestly protest in the recent message of the President, and praying for the enact against the removal of troops from San Carlos, and ask your honorable bodies ment of legislation carrying out his views; which were referred to have the order rescinded. to the Committee on Finance. Resolved, That the secretary of the Territory is hereby requested to trans mit a. copy of the foregoing memorial to the honorable the Senate and House He also presented resolutions adopted-bythe Board of Associated of Representatives, to the Secretary of the Interior, and to our Delegate in Banks of Charleston, S.C., favoring the recommendation of the Congress, and that our Delegate be, and is hereby, requested to use all honor President for the issuance of 3 per cent bonds; which, with the ac able means to bring this matter to their earnest and favorable consideration. J. H. CARPENTER, Speaker. companying letter from the chairman of the board, was referred A. J. DORAN, President. to the Committee on Finance. (Indorsed): I hereby certify that the within memorial originated in the Mr. HAWLEY presented a petition uf the Platner & Porter house, and is known as house memorial No. 1. Paper Manufacturing Company and three other business firms of CHAS. D. REPPY, Chief Clet·k. Unionville, Conn., praying for the enactment of legislation to se Filed in the office of the secretary of the Territory of Arizona this 5th day cure the payment of the sugar bounty on the crops of 1894; which of February, A. D. 1895, at 10 a.m. CHARLES M. BRUCE, wa.s referred to the Committee on Appropriations. Secretary of Arizona. Mr. SHERMAN presented a petition of Iron Moulders' Union By F. B. DEVE.REUX, Asst. No. 183, of Dayton, Ohio, praying for the passage of House bill Mr. LODGE presented a petition of the Real Estate Exchange No. 5603, to ameliorate the condition of American seamen; which of Buffalo, N.Y., praying for the enactment of legislation re- was ordered to lie on the table. 2062 CONGRESSIONAL RECORD-8ENATE. FEBRUARY 12,

He also presented petitions of sundry citizens of Tupper Plain; The VICE-PRESIDENT. It will be so ordered. of 60 citizens of Syracuse, and of 60 citizens of Brookville, all in ~Ir . CAMDEN, from the Committee on Pensions, to whom was the State of Ohio, praying for the adoption of an amendment to referred the bill (S. 1027) ~anting a pension to :M'.ary Clare Kelly, the Constitution of the United States to prevent the appropriation reported it with an amenament, and submitted a report thereon. of moneys for sectarian institutions; which were referred to the , .Mr. WASHBURN, fi·om the Committee on Post-Offices and Committee on the Judiciary. Post-Roads, to whom was referred the bill (S.2377) for the relief He also presented a petition of 60 citizens of Brookville, Ohio, of H. F.l.Ienough, late postmaster at Rock Springs, Wyo., reported praying for the adoption of an amendment to the Constitution of it with an amendment, and submitted a report thereon. the United States providing that "no State shall grant the right Mr. PALMER. For the Senator from New Hampshire (}tlr. of franchise to any person who is not a citizen of the United States; " GALLINGER], who, owing to indisposition, is not able to be in the which was refeued to the Committee on the Judiciary. Senate, I report back favorably from the Committee on Pensions, Mr. TURPIE presented a petition of sundry citizens of Lafay without amendment, the bill (S.1229) granting a pension to Brid ette, Ind., praying for the passage of Senate bill No. 2523, to reg get Devine, and submit a report thereon. ulate the salaries and mode of removal of postal employees; which The VICE-PRESIDENT. The bill will be placed on the Cal was referred to the Committee on Post-Offices and Post-Roads. endar. He also presented a petition of 40 citizens of Red Key, Ind., pray Mr. CAREY, from the Committee on Public Lands, reported ing for the adoption of an amendment t6 the Constitution of the an amendment intended to be proposed to the sundry civil appro United States to prevent the app1·opriation of moneys for secta priatiDn bill; which was referred to the Committee on Appropria rian institutions; which was referred to the Committee on the tions, and ordered to be printed. Judiciary. Mr. HUNTON, from the Committee on Post-Offices and Post. He also presented a petition of 40 citizens of RedKey, Ind., pray Roads, to whom was referred the bill (H. R . 2066) for the re ing for the adoption of an amendment to the Constituti.on of the lief of Charles A . Edwards, repor.ted it without amendment. United States providing that" no State shall grant the right of Mr. VEST. I am instructed by the Committee on Commerce, franchise to any person who is nota citizenof the United States;" to whom was referred the bill (S. 1980) authorizing the establish which was referred to the Committee on the Judiciary. , ment of a free port at Fort Pond Bay or elsewhere in "the waters Mr. ALLEN presented a memorial of sundry citizens of Ne- · of Long Island, in the State of New York, to 1·eport it back with braska, remonstrating against the issuance of interest-bearing amendments. I am instructed to state that all of the members of bonds; which was referred to the Committee on Finance. the committee do not conside1· themselves obligated to support :Mr. BATE presented petitions of members of the bar of Chat the bill but a majority thought that it ought to be reported for tanooga and Nashville, Tenn., praying for the appointment of a the consideration of the Senate. I ask that certain exhibits, which third circui.t judge for the sixth judicial circuit; which was re are marked, 'Shall be printed, and that the bill go to the Calendar. ferred to the Committee on the Judiciary. The VICE-PRESIDENT. That order will be made in the ab :Mr. WALSH presented a petition of the Travelers~ Protective sence of objection. Association of Atlanta, Ga., praying for the ena.ctment of legis Mr. VEST, fi·om the Committee on Public Buildings and lation to permit the railroads of the United States to issue inter Grounds, to whom was referred an amendment submitted by Mr. changeable mileage books and to give special privileges of free or BUTLER on this day, intended to be proposed to the sundry civil excess baggage with such mileage; which was ordered to lie on appropriation bill, reported favorably thereon, and moved that it the table. be refeiTed t o the Committee on Appropriations and printed; which He also presE'nted a petition of Central City Lodge, No.8, of Ma was agreed to. con, Ga., praying for the passage of House billNo.5603, to amelio He also, from the same committee~ reported an amendment in rate the condition of American seamen; which was ordered to lie tended to be p1·oposed by him to the sundry civil appropriation on the table. · bill; which was referred to the Committee on Appropriations, and FINANCIAL STATEME}.'"TS, ordered to be printed. Mr. COCKRELL. I present an abstract of reports made to the He also, from the same committee, to whom was referred the Comptroller of the Ctrrrency, showing the condition of the nar bill (S. 2663) to provide for the erection of a public building in the tional banks in the United States at the close of business on W ednes cities of Winston-Salem, N . C., reported it with amendments. day, the 19th day of December, 1894., the last report of the law Mr. PETTIGREW, from the Committee on Public Lands, to ful money reserve of the national banks as shown by the reports whom was r eferred an amendment submitted by himself on the of their condition at the close of business on December 19, 1894, 9th instant, intended tQ be proposed to the sundrycivilappropria and also a statement showing the paper currency of each denomi tion bill, reported favorably thereon, and moved that it be re nation outstanding January 31, 1895~ I move that the statements ferred to the Committee on Appropriations and printed; which be printed as one document. was agreed to. The motion was agreed to. Mr. CALL, from the Committee on Appropriations, to whom was referred th~ bill (H. R . 8'127) making appropriations for the REPORTS OF COIDIITTEES. DepaTtment of Agriculture for the fiscal year ending June 30,1896, Mr. GRAY. I am instructed by the Committee on Privileges reported it with amendments, and submitted a report thereon. and Elections, to whom was referred the joint resolution (H. Res. 20) proposing an amendment to the Constitution providing that COINA.GE OF SILVER, Senators shall be elected by the people of the several States, tore Mr. JONES of Arkansas. I am directed by the Committee on port it adversely, with leave to file a report at another time, and Finance, to whom was referred the bill (S. 2642) providing for the with leave to the minority of the committee to file their views. issue of bonds, the coinage of silver, and for other purposes, tore Mr. TURPIE. I present the views of the minority of the com port it with amendments, and amending the title so as to read: mittee in favor of the joint resolution just reported adversely. I "A bill providing for the unrestricted coinage of silver, and for ask that the same be filed, and that they be printed. other purposes." The VICE-PRESIDENT. It will be so ordered. The j.oint res Mr. ALDRICH. I ask that the amendments be read. olution will be placed on the Calendar with the adverse report of ~Ir. HILL. I should like to have the bill read if it is in order. the committee. If not, I ask unanimous consent for that pru·pose. Mr. FAULKNER, from the Committee on Territories, report.ed l\11· . ALDRICH. I should like to have the bill and amendments an amendment intended to be proposed to the sundry civil appro read at the desk. priation bill; which was ordered to be printed, and, with the ac The VICE-PRESIDENT. The bill will be read as proposed to companying report, referred to the Committee on Appropriations. be amended. Mr. PASCO, from the Committee on Claims, to whom was re Mr. JONES of Arkansas. I will state to Senators that it is the feiTed the bill (H. R. 6852) for the relief of William E. Bond, bill introduced by me some time ago with the proposition of the reported it without amendment, and submitted a report thereon. committee that all of the bill be stricken out except section 9, Mr. MARTIN, from the Committee on Pen ions, to whom was which is retained with certain amendments. I suggest that that referred the bill (H. R . 6417) to pension Mary E. Hamilton, widow section be read with the proposed amendments. of David Hamilton, soldier in Indian war of 1818, reported it with .Mr. ALDRICH. As this is a very important measure, I think out amendment, and submitted a report thereon. the Senate and the country ought to understand exactly what is Mr. :MITCHELL of Oregon, from the Committee on Post-Offices proposed, and therefore I ask that the bill may be read and that and Post-Roads, reported an amendment intended to be proposed the amendments also may be read. to the general deficiency appropriation bill; which was referred Mr. GRAY. Certainly the original bill need not be read. to the Oom.mittee on Appropriations, and ordered to be printed. 1\ir. JONES of Arkansas. Does the Senator from Rhode Island Mr. MITCHELL of Wisconsin, from the Committee on Mili desire to have the whole bill read, including the part proposed to tary Affairs, to whom was referred the bill (S. 1864) for there be stricken out? · lief of George W . Harbaugh, submitted an adverse report thereon. Mr. .ALDRICH. I think we ought to know exactly what is .Mr. MANDERSON. I ask that the bill be placed on the Cal- . being done. Therefore I desire that the bill may be read and endar with the adverse report in order to save all rights. that the amen dments of the committee may be read. 1895. CONGRESSIONAL RECORD-SENATE. 2063

Mr. JONES of Arkansas. I have no objection. issued under the act of July 14,1890, of denominations less than SJ_O, and to issue a Ipre amount of silver certificates in denominations of 1, $2, and $5, The VICE-PRESIDENT. The Secretary will read as indi which srud certificates shall be payable to bearer in silver, it being the inten cated. tion of this act that neither the Treasury Department nor national banks The Secretary proceeded to read the bill. shall issue or keep in circulation any notes, other than silver certificates, of a less denomination than SlO; and the Secretary of the Treasury is authorized, 1\Ir. MANDERSON. FOl' a proper understanding of this mat at the request of any holder, to receive Treasury notes and United States ter, I should like to know whether the Secreta.ry is reading the legal-tender notes, and to issue in lieu thereof silver certificates in denomina bill as reported from the Committee on Finance. Is it not th~ bill tions less than $10, and he shall cancel and retire the legal-tender notes and • as introduced by the Senator from Al·kansas [Mr. JONES] some Treasury notes so received. SEc. 8. That the Secretary of the Treasu_ry is hereby authorized and di time ago? rected out of the proceeds arising from the sale of the bonds hereinbefore Mr. JONES of Arkansas. The bill as reported back simply authorized, and from any surplus revenues, to redeem and cancel, and not reissue, s.."tid United States legal-tender notes and Treasury notes whenever proposes to strike out all of the bill except section 9. The Senator and as fast as the aggregate circulation of United States legal-tender notes from Rhode Island asked for the reading of the entire bill, and Treasury notes, silver certificates and national-bank notes Shall be in excesS after the bill is read I suppose the Secretary will announce that of the aggregate amount of United States notes, Treasury notes, national the proposition of the committee is to strike out what he is now tri~acl~tes, and silver certificates in circulation at the date of the passage of reading and to pass only section 9, which provides for the unre SEc. 9. That from and after the passage of this act the Secretary of the stricted coinage of silver. Treasm·y is hereby authorized and directed to receive at any United States Mr. ALDRICH. My purpose in calling for the reading of the mint, from any citizen of the United States, silver bullion of standard fine ness, and coin the same into silver dollars of 412t grains each. The seignior bill was to show that all those portions of the bill which have any as-e on the said bullion shall belong to the United States, and shall be the merit from my standpoint have been stricken out by the commit difference between the coinage value thereof and the price of the bullion in tee and that one of the objectionable sections is reported by the London on the day the de-poSit is made, and all expenditures for coinage done under the provisions of this act shall be paid out of said seigniorage; and the committee favorably. I have no objection to withdrawing my Secretary of the Treasury sha.ll deliver to the depositors of such bullion request if the Senator from Al·kansas desires that the whole bill standard silver dollars eq,ual in amount to the price thereof as aforesaid; shall not be read. and whenever the said coms herein provided for shall be received iiito the Treasm·y, certificates in denominations of less than $10may be issued thereon, Mr. HALE. Let it be printed. in the manner now provided by law. Mr. JONES of Arkansas. I do not object at all. SEc. 10. That the Secretary of the Treasury shall make such rules and Mr. ALDRICH. I think it had better be printed in the REo regulations, and employ such clerical and other force as may be necessary to carry this act into effect, and a sum sufficient for that purpose is hereby ORD, and that the section which is reported favorably be read. appropriated, out of any money in the Treasury not otherwise appropriated. Mr. PLATT. Let the Secretat·y read the ninth section as re The VICE-PRESIDENT. Section 9 will be read as proposed ported by the commit'-ll6e. to be amended by the committee. · 1\ir. HARRIS. For economy of time I hope that course will be Mr. HALE. I take it the Senator from Arkansas does not pro taken. - pose any a-ction at this time. Mr. SHERMAN. I think the whole bill ought to be printed in Mr. JONES of Arkansas. I should be glad to have immediate the RECORD. action if there is no objection. Mr. ALDRICH. That was my suggestion, that it all be printed. Mr. HALE. Of course if action is to be taken it ought to be Mr. HARRIS. Let it be printed. read, but if no action is to be taken at this time it is just as well The VICE-PRESIDENT. It will be so ordered. to have it printed in the RECORD and printed in regular form. The bill as introduced by Mr. JONES of Arkansas January 23, Then we shall all hav:e it before us without using up the tiine in 1895, and referred to the Committee on Finance, is as follows: the reading. A bill (S. 2642) providing for the issue of bonds, the coinage of silver, and for Mr. JONES of Arkansas. I should be glad to have unanimous other purposes. . consent for the immediate consideration of the bill. Be it enacted, etc., That authority is hereby given to the Secretary of the Mr. ALDRICH. I suggest that the section reported favorably Treasury to issue bonds of the United States to the amount of $500,000,(XJO, coupon or registered, at the option of the buyer, payable, principal and in be read and that the remainde1· of the bill be printed in the REc terest, in coin of the present standard value, and bearing interest at the rate ORD. of 3 per cent per annum, parable quarterly, and not to be sold at less than Mr. JONES of Al·kansas. I suggest that the Secretary read the par, the bonds to mature thiTty yeai·s from date, and be redeemable at the option of the Government after twenty years; and that the Secretary of the bill as r~ported. Treasury be, and he is hereby, authorized to use the proceeds of the sale of Mr. HALE. Thatisright. said bonds to defray current expenses of the Government, and for the re The SECRETARY. The Committee on Finance report to strike out demption of United States legal-tender notes and of Treasury notes issued under the act of July 14, 1890, as hereinafter provided. That said bonds shall all after the enacting clause of the ~ll and to insert: be of the denominations of 520 and SOO, and multiQles of said sums, respect That from and after the :passage of this act the Secretary of the Treasury ively~ at the option of the purchasers thereof, and shall be in such form as is her~l;>Y authorized ~nd d1rected ~ receiv~ at any United States mint, from may oe prescribed by the secretary ofthe Treasury; and said bonds and the any Citizen of the Uruted States, silver bullion of standard fineness, and coin interest thereon shall be exempt from the payment of all taxes and duties to the same into silver dollars of 412t grains each. The seigniorage on the said the United States, and from all taxation by or under State, municipal, or bullion shall belong to the United States, and shall be the difference between other local authority, and said bonds and coupons shall be made payable the coinage value thereof and the market price of the bullion in New York at the Treasm·y of the United States. Whenever the Secretary of the Treas on the day the deposit is made, and all expenditures for coinage done under ury shall offer any of the bonds herein authorized for sale, .he shall advertise the proVISions of this act shall be paid out of said seigniorage; and the Secre the same and authorize subscriotions therefor to be made at the Treasury tary of the Treasm·y shall deliver to the depositors of such bullion standard Department, and at an}' subtreasury, and any ba.nlt m which United States silver dollars eq_ual m amount to the price thereof as aforesaid; and when bonds are deposited, it being the intention of this act to give full and free ever the said coms herein provided for shall be received into the Treasm·y, opportunity for general subscription, and payment therefor may be made certificat-es may be issued thereon, in the n;umner now provided by law. in gold coin, but the Secretary of the Treasury may, in his discretion, accept Amend the title so as to read: "A bill providing for the unrestricted coin in payment therefor United States legal-tender notes and Treasury notes IS age of silver, and for other purposes." sued under the act of July 14,1890. Mr. SHERl\-1AN. I wish to say in justice to the minority of SEc. 2. That national banking associations are 'hereby authorized and per mitted to issue circulating notes to the par value of United States bOnds the committee that this bill is reported by a bare majority of 1 deposited with the Secretary of the Treasury, and the tax on such circula vote.. In justice to the minority of the committee I should state tion is hereby reduced to one-fourth of 1 ~r cent per annum., payable semi- that the opposition to the bill as reported was very decided, and annually on the first days of January and Jul_y of each year. · SEc. 3. That section 9 of the act approved July 12, 1882, entitled "An act to that the majority was simply 1 vote. enable national banking associations to extend their corporate existence, and Mr. JONES of Arkansas. It may be fair for me to state also for other purposes," be, and the same is hereby, repealed, and hereafter no that the advocacy of the bill as reported was very decided by a national banking association, continuing to transact business as such, shall retire the whole or any part of its cirCulation without written authority majority of 1 vote. therefor from the Secretary of the Treasury; and so much of section 12 of the Mr. ALDRICH. I understand the Senator from Arkansas de said act as authorizes and directs the Secretary of the Treasury to receive sires that the bill shall be taken up for immediate consideration. deposits of gold coin with the Treasurer or Assistant Treasurers of the United States and to issue certificates therefor, be, and the same is hereby, So far as I am concerned personally, and I am now speaking only repealed, but this repeal shall not in any manner affect the validity or use of for myself, I am quite willing that it shall by unanimous consent such certificates heretofore issued. take the place of the bankruptcy bill as the unfinished business, SEc. 4. That hereafter national banking associations desirin~ to retire the to be taken up whenever-- whole or any part of their circulating notes shall, if so reqnirea by the Secre tary of the Treasury, deposit with the Treasurer of the United States gold Mr. GEORGE. I object to that. coin equal to the amount of notes to be retired, and each of said banking as Mr. ALDRICH. To be taken up for discussion whenever the sociations shall at all times keep on deposit with the Treasurer of the United appropriation bills are not before the Senate. States, in gold coin, a sum equal to 5 per cent of its outstanding circulating notes, and the same sum shall be held and used for the redemption of such Mr. BERRY. To be taken up and voted on without debate. notes, and for no other pm·pose. Mr. CALL. I object to further discussion. I call for the regu SEc. 5. That not exceeding one-half of the lawful reserves on account of de lar mder. posits now required hy law to be kept by national banking associations may The VICE-PRESIDENT. There is objection to further debate. consist of bonds of the United States issued under this act,fthe same to bees timated at their par value. The bill will be placed on the Calendar. SEC. 6. That no national-bank note shall be hereafter issued of a denomina Mr. HARRIS. I suggest to the Senator from Rhode Island tion less than SlO, and all notes of such banks now outstanding of denomina that if the bill can be pas ed now without debate I think the Sen tions less than that sum shall be, as raE.,idly as practicable, taken up, re deemed, and canceled and other notes of ~0 and larger denominations shall ator from Florida will withdraw his objection. be issued in their stead under the direction of the Comptroller of the Cur 1\Ir. ALDRICH. I hardly think that is possible this morning. rency. Mr. HARRIS. I think the Senat-or would object to that him SEC. 7. That the Secretary of the Treasury Is hereby authorized and di rected, out of the proceeds of the sale of bonds as herembefore provided, to self. cancel and destroy all United States legal-tender notes and Treasury notes Mr. ALDRICH. I think I should. 2064 CONGRESSIONAL RECORD-SENATE. FEBRUARY 12,

INCOME RETURNS FOR 1894. District of Columbia; which was read twice by its title, and re Mr. VEST. I am instructed by the Committee on Finance, to ferred to the Committee on the District of Columbia. whom was referred the joint resolution (H. Res. 273) extending Mr. WASHBURN introduced a bill (S. 2748) to authorize the from March 1, 1895, to the 15th day of April, 1895, the time for Wisconsin and New Duluth Bridge Company to construct a b1idge making returns of income for the year 1894, to report it ba.ck over the St. Louis River, between the States of Wisconsin and with certain amendments and ask its immediate consideration by Minnesota; which was read twice by its title, and referred to the • the Senate. It is a matter that inust be determined at once if Committee on Commerce. acted upon at all. AMENDMENTS TO APPROPRIATION BILLS. The VICE-PRESIDENT. Is there objection? Mr. CALL. I ask leave to submit a resolution at this time, to Mr. PASCO submitted an amendment intended to be proposed be printed and lie on the table until to-morrow morning. by him to the slmdry civil appropriation bill, providing for sur The VICE-PRESIDENT. The Chair will recognize the Senator vey and preparing of plans for improvement of Tampa Bay and from Florida when the pending business is disposed of. preliminary examination; which was referred to the Committee M1·. VEST. I think when the Senate hears the nature of the on Commerce, and ordered to be printed. · joint resolution they will agree that it ought to be a.cted upon Mr. LODGE submitted an amendment intended to be proposed now. bY. him to the legislative, executi-ve, and judicial appropriation Mr. CHANDLER. I ask that the amendments reported by the bill; which was ordered to be printed, and, with the accompany committee may be read. ing paper, referred to the Committee on Appropriations. The VICE-PRESIDENT. The amendments reported by the Mr. MITCHELL of Oregon submitted an amendment intended Committe on Finance will be stated. to be proposed by him to the sunfu·y civil appropriation bill; The SECRETARY. It is proposed to add to the joint resolution which was referred to the Committee on Claims, and ordered to the following: be printed. Mr. BUTLER submitted an amendment intended to be proposed Be it j u1·ther 1·esolved, That in computing incomes under said act the amounts n ecessarily paid for fire insurance premiums and for ordinary r e by him to the sundry civil appropriation bill; which, with the pairs upon any real estate shall be deducted from the rents accrued or re accompanying letter from the Secretary of the Treasury, was re ceived from such r eal estate. ferred to the Committee on Public Buildings and Grounds. And also 1·esolved, That in computing incomes under said act the amounts received as dividends upon the stock of any corporation, company, or asso Mr. CAREY submitted an amendment intended to be proposed ciation shall not be included, in case such dividends are also liable to the tax by him to the sundry civil appropriation bill; which was referred of 2 per cent upon the net profits of said corporationl company, or association, to the Committee on Public Lands, and ordered to be printed. although such tax may not have been actually paid oy satd corporation, com pany, or association at the time of making returns by the person, corporation, Mr. SQUIRE submitted an amendment intended to be proposed or association receiving such dividends. by him to the Indian appropriation bill; which was referred to Be i t juTther Tesolved, That no taxpayer shall be required in his, her, or its the Committee on Indian Affairs, and ordered to be printed. annual return under said act to answer any interrogatories except as specif ically provided in said act. WITHDR.A. W.A.L OF P.A.PERS. The VICE-PRESIDENT. Is there objection to the present con On motion of Mr. GORDON, it was sideration of the joint resolution? · Mr. MITCHELL of Oregon. I should like to see the joint reso Ordered, That the_pap ers filed in the Fifty-second Congress relating to the claim of Mildred P. Poullain, widow of Dr. Thomas N. PouUain, for relief, be lution in print. withdrawn from the files of the Senate, under the rules thereof. Mr. IDLL and Mr. MORRILL. It is all right. Mr. MITCHELL of Oregon. It may be all right, but I should NEW YORK POST-OFFICES. like to see it in print. I object to the consideration of the joint Mr. HlLL submitted the following resolution; which was con resolution now. sidered by unanimous consent, and agreed to: The VICE-PRESIDENT. There is objection to the considera tion of the joint resolution, and it will be placed on the Calendar. Resolved, That the Postmaster-General be, and is hereby, directed to fur nish to the Senate information as to post-offices in the State of New York in DELAWARE RIVER BRIDGE. the following particulars: First. The number of Presidential post-offices. Mr. QUAY. I am instructed by the Committee on Commerce, Second. The number of other post-offices. to whom was referred the resolution submitted by my colleague Third. The number of postmasters in Presidential offices who were appointed [Mr. CAMERON] January 29, 1895, for the appointment of a com by President Harrison and who were permitted by President Cleveland to serve out their full terms, and the number removed for cause before the ex mission of not less than three engineers of the United States Army piration of their terms. to inquire and determine whether the bridge across the Delaware Fourth. The number of postmasters in Presidential offices appointed by River between the States of New Jersey and Pennsylvania would President Harrison whose terms have not yet expired, and the number whose terms have expired for which no notninations have been made. be an unreasonable obstruction to the commerce of the river, to Fifth. What policy has been adopted by the present Administration in ref report in lieu thereof a joint resolution which I ask may be con erence to postmasters of offices (other than Presidential offices) who are ap sidered at this time. pointed for no fixed term, whether they have been removed at j>leasure or allowed as a general rule to serve a term of four years; the number of such The joint resolution (S. R.133) directing the Secretary of War postmasters appointed by the preceding Administration who are still in office, to make an examination of the bridge to be constructed over the and the number who were permitted to serve out a full period of four years.: Delaware River between the States of New Jersey and Pennsyl but whose successors have been appointed, and the number who have servea vania was read the first time by its title, and the second time at such period who are still in office. length, as follows: REGULATIONS TO PREVENT COLLISIONS AT SEA. Resolved lnJ the Senate and House of Rep1·esentatives, etc., That the Secre tary of War be, and he is hereby, directed to appoint a commission of not less Mr. VEST submitted.the following resolution; which was con than three engineers, United States Army, which shall convene at Philadel sidered by unanimous consent, and agreed to: phia. and ing_uire and determine .whether the bridge a~ross. the ~ela.ware Resolved, That the Secretary of State be directed to inform the Senate what River as proJected under Senate bill No. 1950, second sess10n Fifty-third Con foreign nations have adopted or refused to adopttheregulationsforprevent greSSt_!?-titloo ''A bill to authorize the construction of a. bridge over the Dela ing collisions at sea which were directed to be followed by all public and pri ware ~ver between the States of New Jersey and Pennsylvania, to regulate vate vessels of the United States upon the high seas and in all waters con commerce in and over such bridge, and to establish such bridge as a military nected therewith navigable by seagoing vessels by act of Congress approved and post road," approved June 14, 1894, would be an unreasonable obstruction August 19, 1890, and proclaimed by the President on July13, 1894; also that he to the commerce of the river, and shall report to him its findings; and that transmit to the Senate all information he may have as to such matter, to until the said commission has made its report the work of constructing said gether with the c.orrespondence had between the United States and other bridge shall not be proceeded with. Governments in regard thereto. The VICE-PRESIDENT. Is there objection to the present con CLAIM FOR SEIZURE OF COTTON. sideration of the joint resolution? There being no objection, the Senate, as in Committee of the Mr.McLAURINsubmittedthefollowingresolution; which was Whole, proceeded to consider the joint resolution. referred to the Committee on Claims: The joint resolution was reported to the Senate without amend Resolved, That Senate bill No. 2222, entitled "A bill for the relief of the owners ment, ordered to be engrossed for a third reading, read the third of certain cotton shipped from Natchez, Miss._, in August, 1863l on the steamer time, and passed. GladiatOT be, and the same hereby is, referrea to the Court OI Claims for ex amination and report under the provisions of section U of the act ap.Proved JOSEPH W. ADY. March 3,1887, entitled 'An act to provide for the bringing of suits agatnst the Mr. GRAY, from the Committee on Privileges and Elections, Government of the United States.'" reported thefollowing resolution; which was referred to the Com PREVENTION OF COLLISIONS AT SEA. mittee to Audit and Control the Contingent Expenses of the Senate: Mr. WHITE submitted the following report: Resolved, That the Secretary of the Senate be~ and he is hereby, authorized The committee of conference on the disagreeing votes of the two Houses on and directed to pay, out of the contingent funa of the Senate, to Joseph W. the amendments of the Senate to the bill (H. R. 8563) to adopt special rules for Ady, the contestant of the seat of JoHN MARTIN, a Senator from Kansas, the the navigation of harbors, rivers, and i.nland waters of the United States, sum of $2,000, in full of expenses incurred by the said Joseph W. Ady in his supplementary to the act of August 19.1890, entitled "An act to adopt regula said contest. tions for preventing collisions at sea "having met, after full and free confer BILLS INTRODUCED. ence have agreed to recommend and do recommend to their respective Houses as follows: Mr. CULLOM introduced a bill (S. 2747) defining the qualificat That the House recede from its disagreement to the amendments of th• ti0ns of chief inspector and deputy inspectors of plumbing in the Senate numbered 1, 2, 3, and 4, and agree to the same. 1895. CONGRESSIONAL RECORD-· SENATE. 2065

That the House recede from its disagreement to the amendment of the Sen Mr. PLATT. Weare always glad to listen to the Senator from ate numbered 5, and a!P:ee to the same with an amendment as follows: Insert the word "eighth" after the word "February;" and the Senate Nevada. agree to the same. Mr. STEWART. Then I should like to make a few remarks. That the House recede from its disagreement to the amendment of the Sen- Mr. PEFFER. I do not want the floor taken away from me ate to the title, and agree to the same. · M. W. RANSOM, just yet. I have no objection to the resolution going over, pro STEPHEN M. WHITE, vided it does not lose its place. WILLIAM P. FRYE, The VICE-PRESIDENT. Is there objection to the request of Manage1·s on the part of the Senate. the Senator from Kansas? GASTON A. ROBBINS, Mr. STEWART and Mr. GORMAN. I object. J. P. PIGOTT, W. J. WHITE, The VICE-PRESIDENT. There is objection. . Managers on. the pa1·t of the House. Mr. PEFFER. Then, Mr. President, I desire to be heard upon the resolution. The report was concurred in. The VICE-PRESIDENT. The Chair recognizes the Senator PRESIDENTIAL APPROVAL. from Kansas. A message from thePresidentof the United States, by Mr. 0. L. Mr. PEFFER. Mr. President, I did not intend to discuss this PRUDEN, one of his secretaries, announced that the President had resolution, and I expect now to occupy but a very short time. I on the 11th instant approved and signed the act (S. 445) chang- think I appreciate as highly as any member of the Senate the im ing the name of Georgetown, in the District of Columbia, and for I portance of promptnef's in our action d. uring the remainder of the other purposes. present session. We are very much pressed, but in view of the ISSUE AND SALE OF UNITED STATES BONDS. fac~ that, fu·st, there seemed to be a disposition to discuss the reso- The VICE-PRESIDENT. If there be no further concurrent or lultlon,Iafndl, ~econd, objection to it~~oing over and retaining)ts other resolutions the Chair lays before the Senate a resolution I P ace, ee. It my duty to call atten~wn to my reasons for offenng submitted by th~ Senator from Kansas comino- over from a pre- the ~esolution, for • as ~as suggested by the Sen!! tor from Con- vious day which will be read ' o ne_ctiCut [Mr. PL.A?!], 1t may seem to be a reflectiOn on the Com- ' · . . m1ttee on the Judiciary. The Secretary read the resolution submitted by Mr. PEFFER on Mr President· I have char d thi fl b f d the 9th instant as follows· · , ge upon s oor once e ore, an • · - ~epeat the charge now-for that is the foundation of this proceed- Resolved, That the Committee on the Judiciary be, and it is here by •directed In~:r-that the Treasury Department ever since 1878 has been deceiv- to report to the Senate forthwith, with its action thereon, Senate resolution ~ (Miscellaneous Document No.3) adopted on the 5th day of December, 1894, as ing the people, whether deliberately and intentionally or not I do not follows: ca,re to say. It began in the year 1878 and continued until the Resolved, Th!tt the Committee on the Judiciary be, and it is hereby, in- AdmiJ?-is?'ati?n of President Harrison, a. nd in the fu·st message of structed to inquire and report whether the acts of the Secretary of the Treas- that distm0"1nshed man he called attention to the condition of our ury, in issuing and selling United States bonds in the months of February and o ~ December, 1894, were authorized by any act or acts of Congress then in force. finances. Why did not the President begin in 1865, at the close of 1\fr. CALL. Mr. President, Ithinkthattheresolutionioffered, the gTeatwar? The policy adopted at that time has been followed and which was under discussion yesterday, has precedence in until the present. During the administration of Mr. Secretary regular order. Foster a ~tatement was sent out to the people apparently upon Mr. BLACKBURN. That resolution, I think, went to the Cal- request-It was used as a campaign document-showing and in- endar under the action of the Senate yesterday morning. tending to show that there never had been in circulation any Mr. CALL. There was no action of the Senate on the resolu- paper money excepting the greenbacks and demand notes, throw tion yesterday; but I understood unanimous consent was given ing out of the calculation utterly all the compound-interest notes, that it should not lose its place. all the 7-30 notes, and every other class of our paper currency ex Mr. BLACKBURN. No. The resolution was not taken up cepting only the greenbacks. Our Treasury reports since 1878have yesterday in the morning hour, but the Post-Office appropriation continually been made up upon that idea. bill was taken up on my motion. In ad~tion to th~t, ~r. President, we find that now, in there- The VICE-PRESIDENT. The Chair lays before the Senate :ports wh1ch are bemg Issued from day to day, in place of assert resolutions in the order in which they are reached, and the reso- mg that the silver bullion in the Treasury is worth its coin value lution of the Senator from Kansas was first upon the list, and was the Secretary of the Treasury conveys the idea that we pur: so laid before the Senate. chased it at its market value, and that that is the only value Mr. PEFFER. I ask that the resolution may be adopted. which it can have in making up our accounts. There are about Mr. ALDRICH. I ask that the resolution may be read, so that $134,000,000 of silver bullion in the Treastuy, as the report shows we may know what it is. whereas in fact the coinage value of the bullion is perhaps 25 pe;. Mr. CALL. I submit that the resolution which I offered has cent more than that-yes, about 33 per cent more than that. So precedence in time, if I am not mistaken, over the resolution of if the actual coinage value of the silver bullion now in the Treas: the Senator from Kansas. ury were given it would be about $175,000,000 instead of 8134,- The VICE-PRESIDENT. The Chair is governed by the record 000,000. as shown at the desk, and not by the recollection of Senators. I might go on and enumerate a large number of other instances Mr. HOAR. I desire to suggest to the Senator who has charge but I shall not take time now to do it, wherein, in my judgment: of the resolution, and to the Senate, that the chairman of the J u- the Treasury Department has been deceiving the public concerning diciary Committee is suffering with a heavy cold and is not able our finances. Last year, in January, the Secretary of the Treas to be in his seat this morning. I therefore suggest that the reso- ~ry came to Congress,_h_onest. man that he was, and asked permis lution stand over until he shall come in. He should be present if swn by statute aut?-orizmg him to purchase gold with bonds, but the resolution is to be discussed. Congress denied hrm that privilege. Then, believing it was his Mr. PEFFER. I asked that the resolution might be adopted. duty, and acting under the advice of the President of the United I did not ask for its discussion. States, to maintain the gold reserve, he assumed authority and Mr. HOAR. I ask the Senator to let the resolution stand over there were no objections raised in this body, and, so far as I khow on the ground that the chairman of the Judiciary Committee is none in the other body, excepting those which were raised by absent. members of the party to which I belong. I called attention to the The VICE-PRESIDENT. Is there objection to the request of fact at that time, and so did my colleagues; and when the present the Senator from Massachusetts? Congress convened, upon the first day of the session I presented Mr. GORMAN. Let us have the resolution read, Mr. President. the following resolution to the Senate: The VICE-PRESIDENT. The resolution will be again read. Resolved, That the Committee on the Judiciary be, and it is hereb;y n· The Secretary read the resolution submitted by Mr. PEFFER on structed ~0 ~q~ire and report w:hether the act.c:; of the Secretary of 'the Treasury m ISsumg and selling Umted States bonds in the months of Febru- the 9th instant. ~ry and December, 1894, were authorized by any act or acts of Congress then The VICE-PRESIDENT. The question is on agreeing to the mforce. resolution. That resolution was offered on the 3d day of December, 1894, Mr. PLATT. The suggestion has beenmadethattheresolution more than two months ago. No report on it has yet been made ought not to be considered this morning, because the chairman of by the committee. It is not my business nor is it my desire or the Committee on the Judiciary is not here. The resolution is, in intention to even intimate what reasons, if any, the committee a certain sense, a reflection upon the Judiciary Committee for not have had for not acting upon the resolution, but their nonaction, having reported the resolution formerly submitted by the Senator or at least their neglect or failure to report the resolution, is in en from Kansas, and certainly the chairman of the committee is the tire accord with the conduct and the management of the Treasury proper person to reply. Department during the last eighteen years. Mr. STEWART. Has the Senator any objection to my making I ~ssume, Mr. President, that the committee did not regard the a few remarks about the resolution befoi"e it passes away? subJect-matter of the resolution as worth considering, and there- Mr. HOAR. I should like the chairman of the Judiciary Com- fore it was not reported. Hence I do not intend any disrespect mittee to hear the Senator's remarks. to the committee whatever, because that has been the custom and Mr. STEWART. He can read them in the RECORD has been the practice of committees of this body as to all mat- XXVII-130 2066 CONGRESSIONAL RECORD-SENATE. FEBRUARY 12, ters of this kind. I remember when I introduced a resolution can say that undoubtedly the committee would be disposed to ask during our long debate in 1893, asking the Secretary of the Treas the opinion of the Attorney-General. ury to inform the Senate whether the national banks of the Mr. STEWART . I should like to inquire by what authority countrv were being conducted in violation of law or not, that the committee would ask the opinion of the Attorney-General. Senators upon both sides of the Chamber arose and with some :Mr. IDLL. Any committee of the House of Representatives or feeling asserted that it was an impertinence upon the part of the the Senate can ask the opinion of a law officer of the Government. Senator from Kansas to ask a question of this kind; that during He can give it or not as he pleases. Undoubtedly, sir, he would times of great stress and emergency public officers ought not to give it. I simply suggest to the Senator from Kansas whether all be expected to obey the law fully and in detail, and that there practical purposes would not be served by an amendment of the ought to be large discretion allowed. resolution, requesting the Attorney-General to give to the Senate So it is now. The Secretary of the Treasury and his chief are his opinion. selling the public credit upon the open market. They have even Mr. PEFFER. No; I do not want the opinion of the Attorney gone so far, Mr. President, latterly, since this resolution was pre General. I regard my own opinion upon this point as good as that sented to the Senate, as to confer privately with foreigners, or of the Attorney-General. with the agents of foreign banking institutions, trading the credit Mr. HILL . I have nothing whatever to say after that state of the people of the United States to our ancient enemy at three ment. fourths of 1 per cent-yes, nearly 1 per cent-more than the last Mr. P EFFER. I have no doubt, sir, that I have given the sub bonds were negotiated for, and at 1t per cent more than the bonds ject more attention than either the Attorney-General or the Sen of the city of New York are now caiTying; and this, too, in the ator from New York. I have no doubt that I have given it not face of the fact that.members of this body and members of the only more careful consideration, but more intelligent considera House of Representatives~if I am not out of order in referring tion. to that-have been asserting from the beginning and are now Mr. Pre.sident, I wish the opinion of the Judiciary Committee asserting, that the sale of these bonds is without authority of of the Senate. I will state for the information of the Senator from law. New York that I was caught in that trap once before with respect I spent some time in discussing this resolution the second day to the resolution to which I referred a few minutes ago, asking after it was introduced for the very purpose of s~owing, and I the Secretro-y of the Treasury to inform the Senate whether the thought that I did show conclusively, that.the President and his business of the national banks was being conducted in violation Secretary were acting outside of the law. I feel quite certain of law. The resolution was referred to the Finance Committee that the distinguished senior Senator from Ohio [Mr. SHERMAN] over my objection, and it was done, as I afterwards learned, for took the sam~ view of the subject I did, at least measurably. the very purpose of submitting it not to the Secretary of the Treas During the pendency of an appropriation bill at the last session ury, but to the Comptroller of the Currency, a gentleman who, of the Fifty-second Congress the Senator from Ohio proposed an in connection with his official duties, has an attachment that sug amendment authorizing the Secretary to sell bonds of either of gests to him the propriety of going to banquets and meetings of the classes provided for in the refunding act of 1870 or bonds bear bankers for the purpose of prais.ingandlaudingthenational-bank ing 3 per cent interest at his discretion. Evidently it was the ing system of the country and suggesting that the national banks belief of that distinguished Senator at the time that there was no ought to be continued for the purpose of regulating the specula authority upon the pro·t of the Treasury Department, or at least tive tendencies of the common people of the countl·y. In that case that the people would question such authority, to issue bonds the resolution was referred to the Comptroller of the Currency, under existing circumstances without some fresh authority from and finally a statement came in here that he had no official infor the National Legislature. It was un~ertp.osecircumstances tp.at mation that there had been any violations of law in the matter re I asked for the adoption of theresolutionm theutmostgoodfaith. feiTed to. I remember stating, while discussing the resolution, that if a-cts We all understood. that very well. We knew that the Com1r of this ld.nd had been committed in the earlier years of the Repub troller had no official information. We knew that he did not lic the guilty officers wou;td have been impeache9- f?r high crimes want any official information. We knew that the Secretary of and misdemeanors. I believe so now. We are drifting along from the Tre3.sury had no official information. We believed that he day to day and month to mon~h an~ year to ye~r, allo:ving the did not want any: We knew that the Senate of the United States officers in charge of great public affairs to use therr own Judgment had no official information upon that point. It was very evident and override the law and the Constitution, and it is time the brakes from what occurred upon this floor that the Senate did not want were put on. any official information upon that particular point. So the reso Senators-and though there are different grades of Senators, the lution was side tra-cked in that manner. same as there are of common people, yet a Senator is presumed Now, the Senator from New York [Mr. HILL] suggests that to be a man of some responsibility- and Members of the House of it would be good policy and he has no doubt the committee would Representatives charge that these acts are done without autlrority be anxious to refer the matter to the Attorney-General The of law. Now I come into the Senate as a Senator, upon my re statutes are plain. The statutes were made by the Congress of the sponsibility as a Senator, and I ask our Judiciary !Jommittee to United States, and this body, if any body in the world, ought to give us their opinion as to whether these acts are m accordance understand their meaning. This much in reference to the object with the law or, to put it in a more genteel form perhaps, whether of offering the resolution in the first place and of offering this one. there was any statute existing at the time authorizing these acts I have prepared a good deal of matter by way of discussing this upon the part of the officers. question further and bringing out points that I did not bring out The Committee on tire Judiciary of the Senate of the United in the argument before, but I shall not take up the time of tho States is composed of distinguished men, men of rare learning in Senate to do so. As I said in the beginning, had it not been for law of judicial training, and great ability, standing high not objections upon one side or another I should not have said a word only as lawyers and jurists, but as statesmen. Their opinion upon the resolution at all. That is all I care to say just now. would be worth a great deal to the people of the country. It would be very satisfying to the public mind if that committee MESSAGE FROM THE HOUSE, should come in and by a large majority or unanimously say that A message from the House of Representatives, by Mr. T. 0 . in their opinion the PI·esident and Secretro·y of the Treasury were TowLEs, its Chief Clerk, announced that the House had agreed justified not only by the exigenc.ies, but by the letter of the law to the report of the committee of conference on the disagreeing in issuing bonds: I confess that i~ would go a great way to_:vard votes of the two Houses on the amendment of the Senate to the bill satisfying my mmd-a great way, mdeed- for I should feel rt my (H. R . 5740) incorporating the Society of American FloTists. duty to yield to their superior judgment upon a matter of this The message also announced that the House has disagreed to kind. The resolution of itself was very important, sufficiently so the amendment of the Senate to the bill (H. R. 6585) granting a to justify its existence, and that is the reason why it was offered. pension to Elizabeth 1\Ioore English, agreed to the conference Now I ask that the committee report the resolution. If they asked for by the Senate on the disaoo-reeing votes of the two Houses are not going to take any a-ction upon it, let them say so and let thereon, and had appointed Mr. J.IosEs, Mr. STALLINGS, and Mr. them say why they will not take any action, if they wish to. All LOUDENSLAGER managers at the conference on the part of the that the resolution before the Senate asks is that the committee House. shall report to the Senate the result of their action upon it. It is The message further announced that the House insisted upon its no reflection. It was not in my mind at all to reflect upon the amendments to the bill (S. 2173) to amend an act entitled "An honor, the integrity, or the industry of the committee. act to establish a United States court in the Indian Tenitory, and Mr. HILL. Will the Senator from Kansasallowmeamoment? for other purposes," approved March 1, 1889, and an act entitled :Mr. PEFFER. Certainly. "An act to provide a· temporary government for the Territory of Mr. HILL. Undoubtedly before the Judiciary Committee would Oklahoma, to enlarge the jm·isdiction of the United States court act upon the resolution they would desire the opinion of the At in the Indian TeiTitory, and for other purposes," approved May2, torney-General of the U~ted States. I am n_ot now called _upon, 1890; to provide for the redistricting of the Indian Territory for in the absence of the charrman of the comrmttee, to explain the judicial pur poses, for an additional judge and more United States precise reason why a report has not yet been made, bu t I t hink I commissioners, _and to prescribe the jmisdiction, duties, and au- 1895. CONGRESSIONAL RECORD-SENATE. 2067 thority of such judges and co:mmissioners, and for other purposes_, Such a premium is to be cllowed to the Government upon the bonds a.s to fix the rate of interest upon the amount of gold realized at 31- per cent per disagreed to by the Senate, and agreed to the conference asked annum. At least one-half of the gold to be obtained is to be supplied from for by the Senate on the disagreeing votes of the two Houses abroad, which is a very important and favorable feature of the transaction. thereon, and had appointed Mr. CULBERSON, Mr. BAILEY, and Mr. The privilege is especially reserved to the Government to substitute at par within ten days from this date, in lieu of the 4 per cent coin bonds, other RAY managers at the conference on the part of the House. bonds in terms payable in gold and bearing only 3 per cent interest, if the The message also announced that the House had passed the fol issue of the same should in the meantime be authorized by the Congress. lowing bill and joint resolution: The arrangement thus completed, which, after careful mquiry, appears in pre ent circumstances and considerin~ all the objects desired to be the best A bill (S. 2699) for the encouragement of education in the State attainable-? develops such a di:fferenoe m the estimation ot investors between of Mississippi; and bonds maa.e payable in coin and those -specifically made payable in gold in A joint resolution (S. R.113) instructing the Secretary of War favor of the latter, as is represented by three-fourths of a cent in annual in to terest. In the agreement JUst concluded the annual saving in interest to the return to the State of Michigan the flags of certain regiments Gov:ernment, if 3 per cent ~old bonds should be substituted for 4 per cent of 1\lichigan volunteer infantry. coin bonds under the privilege reserved, would be $539}59, amounting in The message further announced tha-t the House had agreed to thirty years, or at the maturity of the coin l>onds, to $16,1'14,770. the concurrent resolution of the Senate providing that the engross Before I discuss this question further I desire to call -the .atten ing and enrolling of bills and joint resolutions, as provided for tion of the Senate to a clerical error in the President's message, in the concmTent resolution adopted by the Fifty-third Congress, He refers in the clause 1 have just read to the act of July 14, first session, November 1, 1893, be suspended, and said bills and 1875. I telephoned to 1\fr. Thurber, the President's private sec joint resolutions be written by hand when, in the judgment of the retary, stating that there was no such act, that Congress w.as not Joint Committee on Printing, it is deemed necessary, with an in session at that time, and that the President must refer to the amendment, in which it requested the concurrence of the Senate. refunding act of July 14, 1870, or resumption act of January 14, The message also announced that the House had agreed to the 1875,•and asked him for an explanation. I receivecl in reply from amendments of the Senate to the following bill and joint reso Mr. Thurber the following: lution: Clerical error; should read "January 14, 1875." A bill (H. R. 7839) to bridge the Newark Bay; and That would be the resumption a.ct. A joint resolution (H. Res. 261) authoriziDg the Secretary of Now, the President says, in the paragraph I have read, that War to expend a portion of the appropriation made in the river this a-ction is taken in pursuance of section 3700 of the Revised and harbor act of 1894 for St. Joseph Harbor, in the State of Statutes, which reads as follows: Michigan, to complete the connection between St. Joseph Rarbor SEa. 8700. The Secretary of the Trea-sury may purchase coin with any of and Benton Harbor. the bonds or notes of the United States, authorized by law, at such rates and The message further requested the Senate to return to the House upon such terms as he may deem most advantageous to the public interest. the bill (H. R. 5260) granting an increase of pension to Thomas It will be observed that he can only sell bonds which are author Corigan, the same having been adversely reported by the Com ized by law. T.here are no bonds authorized by law except under mittee of the Whole and by error passed by the House. the act of January 14,1875. The refunding act of July 14, 1870, ENROLLED Bll.LS SIGNED. contains this provision: The message also announced that the Speaker of the House had But nothing in this act or in any other law now in force shall be construed signed the following enrolled bills; and they we1·ethereupon signed to_anthorize any inc-reas~ whatever of the bonded debt of the United States.. by the Vice-President: So the act of July 14, 1870, prohibited the sale of bonds which A bill (H. R. 6244) to remove the charge of desertion from the would increase the public debt. That act was executed. The military record of Jacob Eckert; public debt was funded without any increase or decrease nomi A bill (H. R. 6792) to disapprove the treaty heretofore made nally. So that all laws which existed previous to that time, au with the Southern Ute Indians to be removed to the Territory of thorizing the issuance of bonds which would increase -the public Utah, and providing for settling them down in se-veralty where debt, were by that act repealed. The reference to that section they may so elect and are quaJified, and to settle all those not now can have no bearing upon the power of the President, and electing to take lands in severalty on the west 40 miles of pres he must fall back upon whatever authority may be found in the ent reservation and in portions of New Mexico, and for other pur resumption act. poses, and to cany out the provisions of the treaty with said ·In I can hardly conceive why or for what purpose any reference dians June 15, 1890; and should be made to section 3700 of the Revised Statutes. So far as A bill (H. R. 7020)to readj1.1st the salaries and allowances of the that had any power at all in connection with this matter it has postmasters at Guthrie, Oklahoma City, and Kingfisher, in Okla been repealed. I shall again call the attention of the Senate to the l~nguage of homa Tenitory. the resumption act, which is the only act under which there can POST-OFFICE APPROPRIATION Bn.L. be any possible claim for the authority to issue bonds. That por Mr. BLACKBURN. I move that the Senate proceed to the con tion of the act relating to this particular matter reads as follows: sideration of the bill making appr_opriations for the support of the And on and after the 1st day of January, A. D. 1879, the Secretary of the postal service for the next fiscal year. Treasury shall redeem, in coin- The motion was agreed to; and the Senate, as in Committee of Mark the language, "coin"- the Whole, resumed the consideration of the bill (H. R. 8272) the United States legal-tender notes then outstanding, on their presenta making appropriations for the service of the Post-Office Depart tion for redemption at the office of the Assistant Treasru·er of the United States in the city of New York, in sums of not less than $50. And to enable ment for the fiscal year ending June 30, 1896. the Secretary of the Treasury to prepare and provide for the redemption in The VICE-PRESIDENT. The Senator from Nebraska l)t!r. this act authorized or required, he is authorized to use any surplus r evenues, ALLEN] is entitled to the floor. from time to time, in the Treasury not otherwise appropriated, and to issue, 1\Ir. ALLEN. Mr. President-- sell, and dispose of, at not less thn.n par, in coin, either of the descriptions of bonds of the "United States described in the act of Congress approved July 1\fr. STEWART. Will the Senator from Nebraska give way to li, 18i0, entitled "An act to authorize the refunding of the national debt," me for a few moments? with like qualities, privileges, and exemptions, to the extent necessary to carry Mr. ALLEN. 1 will yield for a few moments. this ac;t into full effect, and to use the proceeds thereof for the purposes afore l\1r. STEWART. Mr. President, I feel it my duty to call the said. attention of the Senate to the message of the PI·esident of date Then the resumption act authorized the Secretary of the Treas February 8, 1895. ury to issue and sell bonds of the description contained in the act To my mind it is a very extraordinary document, issued as it of July 14, 1870, to the extent necessary to obtain coin to provide seems to me upon the fa-ce of it, without a due examination of the law of Congress. It is stated in the message among other for the redemption of the greenbacks which were outstanding on things as follows: the 1st day of January, 1879. That is the full extent of the au Af3 a precaution, therefore, against the failure of timely legislative aid thority. Those bonds are, by the refunding act of July 14, 1870, through Congressional action~ cautious preparations have been pending to made payable in coin of thethen standard value, which consisted employ to the best possible aavantaooe, in default of better means, such ex of gold dollars of 25-!u- grains and of silver dollars of 412-t grains ecutive authority as may, without ad:ditionallegis}ation, be exercised for the :purpose of reenforcing and maintaining in our Treasury an adequate and safe of standard silver. gold reserve. , So the bonds issued under the resumption act were payable, the I submit that the President has no authority of law to take any same as all other bonds, in silver as well as gold. That question measure what-ever to obtain or keep a gold reserve. He further has been before Congress, as I showed a few days ago, and has states: repeatedly been brought to the attention of the Senate;-and a res olution wa-s passed by more than a two-thil·ds vote in both Houses Therefore, in pursuance of section 3700 of the Revised Statutes, the details of an arrangeme-nt have this day been concluded with parties abundantly of Congress, declaring that all the bonds issued by the United able to fulfill their undertaking, whereby bonds of the United Htates, author States are payable in silver coin as well as gold coin. There can ized under the act of July 14, 18751 payable in coin thirty years after their be no question as to that. date, with interest at the rate of 4 per cent per annum, to the amount of a little less than $62,4.00 000, are to be issued for the purchase of gold coin amount The President further says: ing to a sum slightly in excess of $65,000,000, to be delivered to the Treasury Of course there never should be a doubt in any quarter as to the redemp of the United States, which sum, added to the gold now held in our reserve, tion in gold of the bonds of the Government which are made payable in coin. will so restore such reserve as to make it amount to something more than Therefore the discrimination in the judgment of investors between our bond $100,000,000. obligations payable in coin and those specifically made payable in gold is very 2068 CONGRESSIONAL RECORD-SENATE. FEBRUARY 12, significant. It is hardly necessary to suggest that whatever may be our N.A.Ys-Anthony, Barnum, Bayard, Blaine, Burnside, Christiancy, Conkling, views on the subject, the sentiments of preferences of those with whom we Dawes, Eaton)., Edmunds, Hamlin, Kernan, Lamar, Mitchell, Morrill, Pad must negotiate in rli..

on the ocean in foreign bottoms. It is estimated that $250,000,000 gold or silver, to buy gold: and he has now offered a premium of is annually paid for interest and dividends on foreign investments. 15 per cent according to his own showing. Some place the amount much higher. It would undoubtedly be The fact is it is a much larger per cent, because a 3 per cent greater than that if we did not continue to borrow, if we sent it bond ought to be at a premium of 15 or 20 per cent. He is really all abroad. It is ·estimated that $100,000,000 is carried out by paying a premium of over 30 per cent to get gold; and with this travelers in foreign lands, making in round numbers at least premium going on you pile up the debt year after year. But in $500,000,000 in gold that we must pay to Europe to keep what gold the meantime people will be without money; failing prices and we have. We have not been able to do it, and we are now borrow hard times will continue. inc.-money and paying a premium on gold for that purpose. It is said that we must restore confidence. How can confidence See how we are situated with regard to foreign countries who be restored when the fact is demonstrated that it is impossible for are our creditors. The gold on the continent of Europe is beyond us to maintain a gold standard without borrowing? How can con our reach. Russia holds her $550,000,000 or more in her war fidence be restored with $1,100,000,000, in round numbers, of paper chest, and hoards"it. Austria holds her $200,000,000, the most of and. silver, all of which, on the theory of the Department, must be which she got from us, in her treasury to meet the interest on her redeemed in gold, and· with no means of obtaining gold to redeem gold obligations. it except by borrowing it and paying a premium on it? That is It will be remembered that her debt of twenty-four hundred the reason why business men dare not move. They see this vast million dollars drawing 5 per cent and payable in silver was con volume of cm·rency to be redeemed in gold with no gold for re verted for the benefit of the Rothschild syndicate into $2,800,- demption. Prices will go down. Confidence will not be restored 000,000 of 4 per cent perpetual gold bonds. The $200,000,000 that while we are engaged in this vain effort to obtain gold by borrow she has in her treasury must be held for that pm-pose, and it is ing. proposed to buy from$40,000,000 to $50,000,000 more in the near To me this is the darkest period of our history. It seems to me future. France with her $900,000,000 of gold and S700,000,000 of to be the tm·ning point, for if we go on borrowing money the time silver and some $700,000,000 or $800,000,000 of paper is able to keep is not far distant when there must be a crash such as the world her gold. has never seen. In the meantime, if this process can be suffi In the first place she has an ample circulating medium, which ciently prolonged and property be put down lower and lower, as keeps the people at work and enables her to maintain the balance it must be, and times grow harder and harder, as they must under of trade in her favor. In the next place, when gold is demanded this process, the time is not far distant when there will be great for export she pays silver and keeps her gold. Germany, also a discontent. There will be uprisings of the people, and the mili creditor nation, guards her gold by her silver. She has the same tary will be called upon, as it was last summer, to enforce the laws. option that France and the United States have to pay in either Order must be preserved; the peace of society must not be dis gold or silver. She has about $150,000,000 of silver left, and when turbed. We all agree that we can not endure the upturning of gold is demanded for export she pays silver. Consequently the society. Consequently the military arm will be used, and when gold on the Continent is practically beyond our reach. the military arm is used on a large scale, as it is bound to be in How is it with the gold in Great Britain? The amount of gold the near futm·e to suppress discontent, you will have a military in Great Britain is estimated at $450,000,000 or $500,000,000. How dictator. We are moving on in that direction with such speed does she keep it? .According to Mr. Gladstone the outside world as no other country ever did. \Ve are moving on to destl·uction. owesher$10,000,000,000; according to other estimates the amount is On a gold basis without gold, which is our situation, unless we much larger, bringing in annually from $500,000,000 to $600,000,000 · pay a premium on it, and a large one, when our ability to pay a from foreign countries. Besides, she does the carrying trade of premium ceases, when our credit is destroyed, moving on in that the world, which amounts to an enormous sum, estimated as high way gives no hope to any patriotic man. as $300,000,000. She with $800,000,000 annually to the good and It must be remembered that it has been well said that starving we with $500,000,000 annually to the bad, the contest is unequal. men will not maintain a republic. This Republic rests upon a How are we to pay the $500,000,000 of gold that is necessary in free and independent people. Individual prosperity is at the bot order to keep the gold we have for circulation? We have only tom. Takeaway individua1 prosperity, destroy opportunities for two ways to obtain it. One is by selling our products in foreign ente1·prise, as you are now doing, and the time is not far distant markets; and we have had some experience in that. Every time we when your Republic must cease. No liberal government of any bid for gold and every time any other country bids for gold the kind has ever been able to withstand the condition to which we price of gold goes up, and the gold price of commodities goes are approaching. A few rich and the masses impoverished is a down, until we have been unable to sell enough products to retain condition which marks the end of republican institution~. Lib~ om· gold; and the gap between om· ability to pay and our obliga erties of every kind have fallen before such conditions. They tions will increase as years go on. For every dollar the people have arisen in every liberal government. In every government of the United States or the Government of·the United States where the people have once had freedom similar conditions to borrows to pay interest on borrowed money adds to the fixed ob those which confront us preceded their downfall. The few be~ ligations and requires a larger payment the succeeding year. came very rich, the masses very poor, and despotism became the The conversion of the obligations of the United States which rule. were payable in lawful money into obligations payable in coin Now, independent of the disobedience of law, independent of was a gratuity to the bondholders which they failed to appre the fact that Congress has never sanctioned the conduct of the ciate. The conversion of coin obligations into gold obligations by Treasury Departlnent as it is now conducted, the fact remains that the Administl·ation without authority of law is ruining the credit the Congress of the United States is responsible to see to it that of the Government and destroying the prosperity of the country. we do not move further in this direction. You. may talk of trusts The administration of no other civilized nation in the world would of various kinds. While this grand trust, which is the money of dare assume such responsibility. The obligations of France, the the world, contl·ols, you have a tl·ust that is great-er than the Gov same as those of the United States, are by law payable in gold or ernment, a trust that is greater than all trusts, a trust that ab~ silver coin. sorbs all trusts. Other trusts must act in conformity to it. The The administration of the Republic of France has uniformly de railroads are at the mercy of the money-loaning classes. They nied the right of the holders of Government paper to dictate in are bonded for an enormous amount and they must do as theil" what kind of coin they should be paid, but on the contrary has ex creditor dictates. The debtor is emphatically in the case of tho ercised the option conferred by law to pay in silver whenever it railroads the slave of the creditor. was most convenient, and by that means retains $900,000,000 Take any other of the corporations against which the people of gold in the country. The law of Germany makes the obliga murmur and if you will look far enough you will see that the cor tions of that country payable in either gold or silver, and the im porations are helpless; that they are depending upon the ability perial power of the Emperor respects that law and pays silver and of the people of the United States to obtain gold which is ex refuses to pay gold whenever it is more convenient for the Govern hausted, except by the use of om· credit, and our credit will soon ment to pay in the white metal. be exhausted. See the premium we are now paying for gold and Before the Emperor of Austria undertook to convert $2,400,000,- imagine what must come next; and then do you say that we shall 000 of 5 per cent silver bonds into $2,800,000,000 of 4 per cent gold go on in this course? They ask what will be your remedy. bonds, he was forced to obtain legislative sanction therefor. But I say that the remedy is easy. We must have an independent in the Republic of America, where the Constitution and the laws financial policy for the United States. We must furnish the peo of Congress passed in pursuance thereof are the paramount law ple of the United States with a sufficient circulating wedium so of the land, all the obligations of the Government, which are, by that business can be prosecuted, so that individual prosperity law, payable in either gold or silver, have been converted by the may come again, so that your factories and your mines will be executive department :itl.to obligations payable in gold alone. opened, so that your fields will furnish a return for the labor of We have passed the point when there can be any question with the farmer. This must be done if om· Republic is to be saved. regard to our ability to buy gold with our commodities. We There is no halfway work about it. We must meet the situation have not the ability. That is demonstrated beyond peradventure; as it is. and failing 1n that ability the President of the United States has The issuance of bonds without authority of law to buy gold for assumed the responsibility of selling bonds, payable in coin, either a reserve is not what the statute says. It says you may buy coin 2070 CONGRESSIONAL RECORD-SENATE. FEBRUARY 12 ~ ' to redeem the greenbacks which were outstanding on the 1st of Mr. HARRIS. I ask unanimous consent ·that the unfinished January, 1879-not gold, but coin; and there is no authority to business may be infoimally laid aside so that the Senate may buy either gold or silver while there is a sufficient amount of sil continue the consideration of the Post-Office appropriation bill. ver available for that purpose, for power to sell bonds is only to The PRESIDING OFFICER.. . Is there objection? The Chair be exercised to the extent necessary to buy coin to redeem the hears none and it is so ordered. greenbacks; and while there is silver in the Treasury which can Mr. STEWART. · Mr. President, I want to appeal to the Senate be made available there is no excuse for buying either gold or sil of the United States to view this question squarely, and to con ver. 1'here is no law for it. sider how it is possible to obtain gold to maintain the gold stand How then with regard to silver? I do not know exactly how ard. I want the Senate to consider how we are to pay our fixed much silver is in the Treasury which is not pledged for there charges to foreign countries, now amounting annually to at lea-st demption of the silver certificates. It is $20,000,000 or more. I $500,000,000, and increasing daily, and I want the Senate to con believe there were $30,000,000 of silver coin there on the 1st of sider the perilous road we are traveling when we have commenced the present month. It is made the duty of the Secretary of the to pay a premium on gold for the purpose of keeping it here, and Treasury to coin all the silver that he has on hand to provide for when we know that nothing but an unlimited debt can keep it the redemption of the Treasury notes issued under the act of 1890. here, nor can even that keep it here longer than our credit remains Congress passed a bill requiring it to be coined and authorizing good. · the issue of silver certificates on the seigniorage in the Treasury, In the mean timethepeoplemust suffer, and the people are suf some fifty-odd million ounces, making some $80,000,000, and it was fering. I wish tP,at the Senate of the United States and those in vetoed by the President. authority would consider the suffering of70,000,000people, whose The Department has in every way refused to u se silver to carry enterprises have been destroyed and who are without hope. All into effect the laws which would give an abundance of silver with chance for the independence of individual men is removed and which to redeem the Treasm-y notes and all other obligations. opportunity is removed from them, and yet we are told that we Now, the President says that we must have gold in the Treas must wait for better times. When and how can better times ury; and if the President can not have legislation he will contract come under this process of borrowing gold at a premium, when with foreign syndicates and pay a p1·emium for gold without the we are without the ability to sell our products fora sufficient price sanction of Congress. to keep our gold at home? It seems to me that it is time the Senate should face this ques In all the histo1-y of this country there has never been a more tion squarely. Shall this process go on; shall this usurpation go gloomy spectacle presented than now, and there never has been on; shall this refusal to comply with the laws of Congress and use as much sufferin{J' in the United States at any period during the the silver available go on? Both the Democratic party and theRe existence of the Go'-vernment as there is to-day. Never ha-s there publican party in their platforms solemnly pledged themselves to been as much despair; never has there been as much anxiety; use silver as standard money. never has there been so much poverty and distress; never have Mr. President, the remark has been made that it was unfortu there been so many men out of employment; never has there been nate that the President did not offer these bonds to the people. It such a disastrous condition presented to the people. Shall we per was certainly unusual. The contract for the bonds before they sist in aggravating it by borrowing more money, and particularly were issued to a foreign syndicate was a remarkable transaction. borrowing it without authority of law? Will not Congress stop It was said the other day by the Senator from Ohio [Mr. SHER this disastrous and ruinous policy? If not, the people must con MAN] that the people would readily take these bonds; that they tinue to suffer the consequences. have in the savings banks 81,600,000,000 of gold and want the Until this all-important question is settled no other question bonds. I think it would have been better to give the people an ought to be considered by any party of men who claim to be pa opportunity to take the bonds, but I deny that the depositors triotic and who love their country. We ought to stop here and in savings banks have there any $1,600,000,000 of gold or any now and liberate the people from the oppression of the gold cor $1,600,000,000 of money. ner, which is sapping the foundations of our institutions and pre It is true the savings banks owe their depositors that amount, cipitating us into revolution and anarchy, which, if continued, or about that amount, but I question the ability of the banks to will finally result in despotism. return it under the gold standard. It is impossible. Your sav I read in a Philadelphia paper the other day that all the condi ings banks and your trust companies can not endure the gold tions were present in this country which preceded the French standard and exist. The securities in the savings banks and trust Revolution. The article went on column after column enumerat companies upon which they pay their depositors interest are per ing the conditions then in France and now in the United States, ishing. They are not worth to-day 50 cents on the dollar in gold showing that the ~.xisting conditions parallPl those which existed of their original cost. The failure of railroads and the failure of in France at the time of their revolution. Like conditions will corporations, the shrinkage of securities, will sap the foundation produce like results. of all your savings banks and trust companies, and again the peo The conditions are such now that the money of the world is ple must suffer~ mostly pooled in Europe, and can only be obtained at such prices It may be that the precaution was taken to deal with a foreign as avarice dictates, whlle our industries for want of money are syndicate for fear that the depositors in savings banks and trust prostrated, while our people are out of employment, and while companies would desire t invest in the bonds, and in that event suffering prevails everywhere. What can you expect from such the inability of the banks to respond would be developed. It might conditions but a r ecurrence similar to the French Revolution? be dangerous to give the people anything that would be safe in I am not an alarmist, but, Mr. President, the condition of the vestment, for they might be inclined to draw their money out of country warrants all I say, and I warn Senators here to-day that the savings banks and trust companies, and the securities those if this policy is pursued much longer consequences will occur companies hold might be thrown upon the market. which will shock civilization itself. I should like to know where the stocks of the railroad companies HEIRS OF D. FULFORD-VETO MESSAGE. are. I understand that they have gone out of the market to the The PRESIDING OFFICER. The Chair lays before the Sen extent of nearly a million shares-$100,000,000. Where are they? ate a message from the President of the United States, which will Are they in the banks? If they are those who hold such secm·i be read. · ·ties had better take warning because on a gold basis they must con The Secretary read as follows: tinue to depreciate. If they depend upon the ability of the United States to buy gold and pay a premium on it (and that is the only To the Senate: way we can get gold) the stocks of railroads and of all corpora fo; ~~~~~th~:;:~fb~~o0v;f: , ~enat~ bill No. 143, entitled "An act tions of every description, including their bonds, must shrink and This bill directs the Sec...-..etary of t he Treasury "to r edeem, in favor of the continue to shrink, and depreciate in the market. heirs at law of D. Fulford, four bonds of the United States, consols of 1867, of the denomination of $500, $100,$50, and $50, and known as five-tw en ties, said The time is coming when this process of contraction will shake bonds having been destroyed by fire the 9th day of July, 1872, and to pay to the foundation of all the institutions in the land. It was a dan the h eirs at law of said D. Fulford t h e amount of said bon ds, together with gerous experiment to depreciate the value of commodities in this accrued interest from July 1,1872 to the date of the maturity of said bonds." · The bill further provides that the h eirs to whom the paymen t is to be made country, your wheat and cotton. To compel them to be sold for sha.ll execute and file with t h e Secr etary of the Treasury a bond " condi gold, thus enhancing the value of gold to the disuse of silver was tioned to save harmless the United States from loss or liability on ac.count of a dangerous experiment. Those who undertook that experiment said bonds or the int erest accrued thereon, and to contain such words as t o cover any liability r e ulting from any mistake in the designation or descrip did not realize that they were destroying the foundation of the tion of the bonds, so that in n o event shall the United States be called upon prosperity of the country and destroying the secm'ity which they by a rightful claimant for a second payment ther eof." held. • The prop osition is that the Government shall pay bonds alleged to have been destroyed by fire n early twenty-three [ears ago. The PRESIDING OFFICER (Mr. KYLE in the chair). The The Secr etary of the Treasury states tha an apJ?lication for the payment Senator from Nevada will suspend. The hour of 2 o'clock having of these bonds, made by Mr. Fulford himself, was r eJected by the Department arrived, it is the duty of the Chair to lay before the Senate the un- because he was unable to describe the bonds in such a. way as to permit their will identification and because the evidence of their destruction by fire was in finished business, which be stated. · conclusive. The SECRETARY. A bill (H. R . 4609) to establishauniformsys The Senate Committee on Claims, however, in their report on the bill un tem of bankruptcy. der consideration, state that they are entirely satisfied that Mr. Fulford was 1895. CONGRESSIONAL RECOR.D-SENATE. 2071 the owner of four Government bonds~ t:me for $500, one for $100, and two for Mr. PLATT. By whom was it reported from the Committee $50, and that they were burned with nis residence, which was destroyed by fire on the 9th day of July, 1872, and that while he could not furnish the mun on Indian Affairs? · bers or descriptions of said bonds, he understood all these bonds were of the Mr. MITCHELL of Wisconsin. It was reported by the Sena class known as consols of 1867, and that he had collected the coupons thereon tor from Idaho fMr. SHOUP). for the interest due July 1 1872. The particulal: class of \;;nds mentioned were dated July 1, 1867, and were The joint resolution was reported to the Senate without amend payable or redeemable not less than five nor more than twenty years from ment, ordered to a third reading, read the third time, andpassed.- their date. The short period expired, therefore, on the 1st day of J~y~ 1_87~. POST-oFFICE APPROPRIATION BILL. That was the date when the last coupons on Mr. Fulford's bonds,_ wh1cn It IS alleged were detached and collected, became due, and only nine aays before The Senate, as in Committee of the Whole, resumed the con the supposed destruction of the bonds by fire. sideration of the bill (H. R. 8272) making appropriations for the A letter from the Secretary of the Treasury dated July 20,1892, attached to the report of the Senate COmmittee made upon a billsim:ilartothis, which service of the Post-Office Department for the fiscal year ending was pending at that time, discloses the fact that among the consols of 1867 June 30,1896. then outstanding there were 107 of the denomination of $500, 167 of the de Mr. ALLEN resumed the speech begun by him yesterday. After nomination of $100, and 85 of the denomination of $50. This statement merely shows that there were numerous bonds precisely similar to those described having spoken for five minutes- as belonging to Mr. Fulford, which had not, in July, 1892, been redeemed, Mr. HOAR. I suggest, Mr. President, that this veryimportant though the extreme limit of their maturi~ e:x:J>ired on the 1st day of July, matter of the overthrow of the constitutional powers which the ma 1887. The letter of the Secretary furtherdiScloses,however, that there were two of these outstanding bonds of the denomination of $500, and tw~ of. the jority of the people in a free State have erected ought to be dis denomination of $100, upon which coupons of interest had not been pru.d smce cussed when the Senate is full. July 1, 1872. 0! cou.rse, this lends plausibility to the suggestion that two of Mr. ALLEN. I am unable to hear the Senator from Massa these fom·bonds, oneof each denomination, were those destroyed when Mr. chusetts. Fulford's house was burned in July, 1872, but this suggestion loses its fo~e under the additional statement in the letter of the Secretary of the Treasury :Mr. HOAR. I addressed the Chair, suggesting the absence of a that in July, 1892, there were no consuls of 1867 of the denomination of $50 whose quorum. last coupon was paid July l, 1872. This shows conclusively that no $50 bonds of this class w ere destroyed by fire in Mr. Fulford's house and casts great Mr. ALLEN. I hope the Senator will withdraw that sugges unce1·ta.inty upon the description of the other bonds inasmuch as the theory tion. of the claimants seems to be that all the bonds destroyed belonged to the The PRESIDING OFFICER. The Secretary will call the roll. sameclass. . In 1893, upon a.n examination of the records of the Treasury Department, It The Secretary called the roll, and the following Senators an was found that the two unpaid bonds for $500, reported in 1892 as ou~d swered to their names: ing, from which no coupons had been paid since July 1, 1872, still remamed Allen., Dubois, Lodge, Pritchard, unredeemed, but that one of the two one-h'1~ndred;dollar bonds which w~re i?l Allison, Faulkner, :McLaurin., Proctor, that eondition in 1892 had been since that time pa.Id and canceled. I think 1t Bate, George, McMillan, Quay, must be conceded that this late redemption of this bond greatly weakens any Berry, Gordon., Manderson, Ransom, presumption that the other three will not be presented for payment. Blanchard, Gorman, M.1.ntle, Roach, It is perfectly clear that so far as this bill directs the payment to the per Butler, Gray, Mills, Sherman, sons therein named of two consols of 1867 of the denomination of $50 each, on Caffery, . Hale, Mitchell of Oreg. Turpie, the ground that such bonds were destroyed b¥ ftre in July, 1872, it requires Call, Hansbrough, Morrill, V~sJ the payment of money to those not entitled to 1t, smce it i~ shown that these Camden., Hawley, Palmer, WalSll, consols could not have been destroyed at the time stated, because coupons Cameron, Higgins, Pasco, Washburn, due on all consols of that denomination unredeemed have been paid since that Chandler, Hoar, Peffer, White, date. Clark, Hunton. Perkins, Wolcott. While the objections to the payment of the amount of the other two bonds Cockrell, JonesofArk Platt, mentioned in the bill are less conclusive, there seems to be so much doubt Coke, Kyle, Power, and uncertainty concerning their desm:iption anq character, an_d their i~e:nt ification as unredeemed consols of 1867 1S so unsatisfactory that ill my oprmon The PRESIDING OFFICER. Fifty-fonr Senators have an it is not safe to assume, as is done in this bill, that they are represented among swered to their names. A quorum is present. The Senator from those bonds of that class recorded as still outstanding, whose coupons for Nebraska will proceed. some reason have not been presented for payment since July 1, 1872. I do not believe that an indemnity bond could be drawn which, as against Mr. ALLEN. 1\lr. President, when I ceased my remarks yester the strict rights of sureties, would pl"otect the Government against double day I was discussing the question whether the functions to be per liability in case all the payments directed by this bill were made. Even if formed by an election board in the State of Alabama, composed of the payments were confined to the two larger consols described there would be great difficulty in framing a bond which would surely indemnify the Gov the probate judge, the sheriff, and the circuit clerk, were of a ernment. judicial or a ministerial character. I will resume the discussion There should always be a willingn~ to save the ho~ders of qove~ent at that point. securities from damage through their loss or destruction; but ill my JUdg ment a bad precedent would oo established by paying obligations whose de Suppose the appointing power had refused to appoint any in struction and identification ru·e not more satisfactorily established than in spectors at all, could not a mandamus issue and compel it to do tlris case. this act? Undoubtedly, because to hold otherwise would place GROVER CLEVELAND. elections at the caprice of the power vested with the authority to EXE-CUTIVE MANSION, February~. 18!i5. appoint inspectors. The duty to appoint an inspector from an The PRESIDING OFFICER. The question is, Shall the bill opposing political party is imperative, and if this duty is not per pa.ss, the objections of the President of the United States to the formed, but the inspector is appointed and not from an opposing c.ontrary notwithstanding? political party, that is practically, so far as the observanca of this 1\ir MITCHELL of Oregon. I move that the message of the right is concerned, the same as if no appointment at all had been President be printed and, with the bill, referred to the Committee made. on Claims. Mr. CHANDLER. May I ask the Senator a question? The motion wa.s agreed to. Mr. ALLEN. Certainly. REPORT OF BUREAU OF THE AMERICAN REPUBLICS. Mr. CHANDLER. Supposing there is a nominal fulfillment of The PRESIDING OFFICER laid before the Senate the follow the law, but a man is appointed to represent the minority party ing message from the President of the United States; which was who is devoid of the ability to read or write, a man who is utterly read, and, "vith the accompanying papers, referred to the Com incapable of performing the functions of an election officer, I ask mittee on Foreign Relations, and ordered to be printed: the Senator whether he thinks that in that event there is a com To the Senate and Hottse of Representati-ves: pliance with the law. I traru:mit herewith, for the information of the Congress, a mmunication Mr. ALLEN. 1\Ir. President, I do not think there is a compli from the Secretary of State, covering the report of the Director of the Bureau ance with the law in that event, and I think that at this time I of the American Republics for the year 1894:.. GROVER CLEVELAND. will state some authority upon that point. In answer to the Sen EXECUTIVE MANSIOY, Washington, Feln"''.tar1J H, 1895. ator from New Hampshll·e [Mr. CHANDLER] I will call his atten tion to the case of The United States vs. Caruthers, from Missis RED CLIFF :rnDIAN RESERVATION,1WIS. 1\ir. MITCHELL of Wisconsin. I ask unanimous consent of the sippi, reported in 15 Federal Reporter, page 309, in which this Senate that Housejointresolution No.140 be taken up at this time. language is used by the court: It is a joint resolution which is local in its natu,re. It has the It is an impossibility for a person who can neither read nor write to prop sanction of the Commissioner of Indian Affan·s and the Secretary erly discharge the duties of an inspector of such elections. It is their duty to determine what votes are proper to be received and counted and those of the Interior, has received a favorable report in the House of properly to be rejected, to ascertain the whole number cast for each candi· Representatives, and also in the Senate by the Senator from Idaho date, and to make and sign the proper returns. [Mr. SHOUP] who is now absent. . Although a statute providing for the appointment of persons to fill vacan cies or a.ss:ist as inspectors of elections does not use the words "compe'tent There being no objection, the Senate, as in Committee of the and suitable person," these qualifications are necessarily implied, as the Whole, proceeded to consider the joint resolution (H. Res.140) to vacancy would not be properly filled unless by one havin~ the same qualifi confirm the enlargement of the Red Cliff Indian Reservation, in cations possessed by the person for whom he is substitutea. the State of Wisconsin, made in 1863, and for the allotment of I take it that, in the absence of any authorityto the contrary, a same. person who is appointed an inspector of election must be reason :Mr. PLATT. What committee reported that joint resolution? ably well qualified to perform the duties imposed upon him. The The PRESIDING OFFICER. The Committee on Indian Af statute makes it the imperative duty of the official named to ap fairs. point inspectors from opposing political parties. The right and Mr. MITCHELL of Wisconsin. I will say to the Senator that the duty are each clearly defined by the statute. there is a lengthy report accompanying the joint resolution. This duty does not arise if there is no opposing political party. 2072 CONGRESSIONAL RECORD-SENATE. FEBRUARY 12,

This is the meaning of the.words of the statute" if practicable," voters, which is required to be kept in some particular place, can and it can not be claimed that the right can be defeated by bare be secreted at all times and under all circumstances from the opinion or caprice that the contingency has not occm·red, or does voters of the precinct, and they can be prohibited from an exami not exist, upon which the right is brought into operation. Error nation of it for the purpose of determining whether it is genuine or of judgment, caprice, political bias in weighing facts can not de f-raudulent, or whether there has been a complete registration. feat rights clearly secured by statute. Nor can any judge who understands the duties imposed on him The distinction between the right, and the existence of the con and who is trueto the maintenance of the laws of his countryhold tingency upon which the enjoyment of the right is predicated, that an elector of that precinct is not entitled to a certified copy or must not be overlooked. The right expressly created and con to an inspection of registration lists of that kind. ferred upon opposing political parties is to have a representative Then the court held that the relators showed "no such inter at each polling place, caJ.led an inspector. Such inspector must est " as would entitle them to a certified copy or an inspection. be appointed by the officials named in the statute. 1\'Ir. President, a legal voter of the precinct in which you live is This is the mandate of the statute or legal authorlty, and obe charged with the duty of seeing that the ballot cast there is a pure dience to it does not involve judicial discretion or knowledge. and honest ba.llot; c:1n some custodian of the registered list of There are no adverse or antagonistic rights involved in the matter, voters in your precinct say with impunity that neither you nor no opposing or contesting litigation, but the performance of a any other competent person shall examine it or have a certified public duty in securing and enforcing rights conferred for t~e copy of it, and will courts of your State step in and deny this public good. Private rights, as such, are not involved. There IS privilege? A court in Alabama has denied these persons the priv no weighing of adverse claims. - ilege of examining the registration list. Was it essential to 4:rtow The appointing power in this case does not determine what ~he the list of voters? The law requires a registration of the voters law is. That is fixed by statute, and it acts under the supenor of every polling precinct in the State. A man must be registered power and authority of the statute which has already determined between the 1st and the 18th of May, and no person after that time what the rights are. The ex parte duty of the appointing power is for any reason permitted to register, except those who have is to ascertain that there is an opposing political party, but this reached years of matm·ity between the day of registration and the does not make its act in this respect judicial. day of election. I think it must be conceded by those who investigate this ques Is it not an essential safeguara to an election in the State of tion with any degree of care and fairness that the duties imposed Alabama that some person shaU have a right to see the number of upon this board, composed of the probate judge, the sheriff, and persons who are registered; that someone shall have a right to see the clerk of the circuit court, are purely ministerial. Not a duty the registration list itself, and to know whether it is genuine or imposed upon them by statute has the least judicial caste or char- whether it is fabricated? Will an honest court in this country at acter. . any time deny a respectable citizen, a voter of a particular vot Under this construction of the supreme court of ·Alabama in the ing precinct, the privilege that should be properly accorded to last case to which I have referred, and which reversed the first case, him? I mention this as one of the circumstances that have taken the election board, if I may call these officials such, have the entire place in that State, showing that the Populists, Jeffersonian Demo authority to determine who shall be inspectors of elections. They crats, and Republicans have alike been denied their rights, and to have the entire and unrestrained authority to determine whether show the influence that this denial has had upon the election in the appointment of a person representing a different P?litical faith that State. is "practicable" or not. One might have the education of a col Some peculiar decisions have been made in the State of Alabama lege professor, live in the· neighborhood, and be entirely com with reference to elections. The supreme court of that State has petent to discharge the duties imposed upon him by the statute, decided, as I understand it-and I shall not read the decision at and yet if this board, exercising ministerial functions, sees fit to length-that where the statute creates a board before whom a con declare that there is no person in the precinct having the requisite test for an elective position may be made the common-law writ of qualifications their action in that respect would be conclusive. quo warmnto will not lie. In my judgment the rule is not sustained I submit that the rule in this country, with possibly some few by the common law. It is not sustained by any statute law, for I excepti~ns, has been that the~e officers ~ch~t:ge P"'?'ely m~ste believe the rule to be, without an exception in this country, that rial duties, that they are subJect to the Judicial tnbunals m the where a statute confers a new right that did not exist at common discharge of their duties, and can be reached by the process of law and creates a tribunal before whom that right can be deter mandamus or other proper legal process. · . mined, there the remedy prescribed by the statute is exclusive. It is not necessary for me to argue for any length of time as to But where the statute simply recognizes or enlarges a right whic.h the opportunity afforded by the other construction ~o deprive an existed at common law and creates a tribunal before whom that opposite political party of their proper representation upon ::n right can be determined, the remedy is not an exclusive remedy, election board, and of the opportunity afforded to the party m but is a cumulative remedy. possession of the election board to commit frauds, and by that The party whose rights are affected may, under such circum means practically -to disfranchise a great portion of the people of stances, appeal to the .statutory tribunal or resort to the courts of a State. record of his county and State; but the supreme court of Alabama I have here a newspaper report which I think is quite authen has held to the contrary, so that if ·any contests are to be made tic-at least it is presented to me as authentic-of an attempt upon with reference to local officers, and, I understand, with reference the part of the Populists, the Jeffersonian Democrats, and the to State officers, there is no provision whatever for any contest. Republicans of Alabama, to. obtain redr~ss a:t the hands of the If any contest is made with reference to an elective office, it must courts in that State, and I will read from 1t bnefly: be made, not before a court charged with the solemn duty of Before Judge Tyson, in the circuit court, the petition of Thomas McCul adjudicating fairly upon the rights of citizens, but before some lough and B.K.Ponder, praying for a. writ of mandamus, addres~d to ~he local tribunal, created for the express purpose of determining the judge of probate, Hon. F. C. Randolph, of this county, to compel him to give them a certified copy of the original registration list of beat 12, was heard. rights of the contestant-a· partisan tribtmal, a tribunal under no Colonel Troy represented the relators, and Capt. John G. Winter. George M. particular responsibility to anyone, and who, if they see fit, can Marks, esq., and Capt. E. A. Graham were retained for the respondent. carry into ecution a purpose to disfranchise the people of their This account goes on at some length to give the arguments of locality. counsel, respectively, in behalf of the writ of mandamus and I shall not dwell upon this point. I shall content myself with against it, and concludes with this statement: declaring to any fair-minded lawyer or judge in this countJ:y that The court granted the mo~on to quash and ~ismiss, and also sustained the that Alabama decision overrules the universal decisions of the demurrer. The reasons assigned were that t~ was not such a record as the American courts, the rule being always that where the individual law required a certified copy thereof to be ~~·mshed; that the re~tors showed has a common-law right and there is a common-law remedy he no such interest as the law required, adnutting that they could many event make a legal demand for a certified copy. may resort to either the new tribunal or to the old tribunal, as he sees fit. I understand this to be the rule in that State. If I am wrong lt may be said that at common law an individual could not the distinguished Senators here can _correct me. Two P!Opo~i contest for an office through the process known as information in tions are laid down by this court whiCh can not be sustamed m the nature of quo warranto. That was true early in the history the.State of Alabama or any other State of this Union, or wher of the common law, but when this country was established the · ever English jurisprudence is administered. The first is this: English individual had a right to inform in his own behalf, and That this waR not such a record as the law required a certified copy thereof the same judgment that ousted the contestee placed the contest to be furnished. ant in possession of the office. It came to us as a part of our in Every public record in this country, whether it belong to the heritance from the mother country and is the settled law of this Government of the United States or a State, with the possible ex country to-day. ception of diploma.tjc correspondence or matters of tha:t :char:;.cter Now, I wish to show for a moment the operations of the election (such as would injuriously affect the Government by mspec~10n), law in Alabama, as prepared by a distinguished lawyer of that wh!ch furnishes competent evidence for me to prove some nghti State whose name I do not give. He says: . -- ~ possess, I have a right either to i...LSpect or to ~btain a certified The provisions of the Sayre election law in re~rd to registration are un- copy of and use it in evidence. It can not be possl?le that tJ;Ie rule fair and capable of being used to practice fraud m the following ways: is to prevail in the State of Alabama that the hst of registered The governor appoints all the county registrars. Of course he selects only 1895. CONGRESSIONAL RECORD-SENATE. 2073

the most partisan and those readiest to aid in frauds. He gives no bond and this State, no one has been indkted, prosecuted, or convicted for the com receives no pay. His only du}f~;;,to select and qualify beat registrars. This mission of any crime against the elective franchise. "qualification " consists in a · istering an oath not prescribed by the 2. During the twenty years of election frauds in Alabama, the black-belt statute nor specifically defined. It might be in this form, and was, no doubt, counties have controlled the offices and public affairs of Alabama, and when in some instances: "You solemnly swear that you will register the voters a black-belt leader has moved to other sections of the State he has been pro of your beat and manage the affairs of your office to the best interests of the moted and elected to office and given control in public affairs. Democratic party, so help you God." 3. The Congressional districts have been so gerrymandered that all but one These beat regiStrars are not required to open the books at any time or place are so formed as to have one or more negro counties in ea{!h of them, and they and it would require very little adroitness to evade opposition voters and are d ominated by the influence of the black-belt oligarchy. render it so inconvenient and troublesome that they would fail to register. The Democratic voters of the beat could be notified when and where he could I have here and desire to introduce in thls connection a map be found and all register. Those of the opposition could not know, and if the showing the black-belt district of the State of .Alabama. [See beat re[istrar so desired they never could find him and his books at the same next page for map.] I do not know that I can exhibit it properly, time. The presence of the books is as necessary as the registrar, as the law provides how each voter must register on the books. but every district in that State, with the exception of the Seventh The probate judge has su.perintendence of the registration; that ishto pro and Eighth, has a portion of the black belt attached to it. The vide the books and certificates, and keep the books when they shall e filed. Sixth district, for instance, has Greene and Sumter counties; the If in collusion with the beat r egistrar he can aid in false registration by pre venting an inspection of the books. In Montgomery County the effort to Ninth has Hale and Perry; the First has Marengo, Clarke, and mandamus the probate judge was unsuccessfully made, so that the registra Monroe; the Second has Wilcox and Montgomery; the Third, tion books might be purged. The ch·cuit court decided not to grant man Bullock, Russell, and Barbour; the Fifth Lowndes and Autauga; damus, and dismissed the proceedings. The courts can always be depended upon to rule on the side of the fraud manipulators. the Fourth has Dallas. The Fourth is a very irregularly shaped By defeating the efforts of 20 per cent of the opposition to Democracy in the district, as Senators will see by examining the map [exhibiting the counties in which the opposition has a majority and adding an average of 20 map] , starting at the west side of the State and running down to per cent where the Democrats have the probate judge makes a difference suf the southeast, almost acroas the entire State. The effect of thls ficient to defeat almost any ;party. The law in regard to appomtment of inspectors requires that three shall be districting-- a-ppointed, not more than two of whom shall belong to the same party. Al Mr. CHANDLER. May I ask the Senator from Nebraska a though there was no Republican ticket in the field, in nearly every instance question? possible, where the Democrats had the probate judge, clerk, and sheriff, or any two of them, two Democrats and anilliterateRepublicanwere appointed. Mr. ALLEN. Certainly. The inspectors and r eturning officer go into the poll, whichmust be protected Mr. CHANDLER. Does he understand that the original design for 50 feet in every direction, so that no one can observe, see, or hear what in making the districts in thls way was that the white portions of transpires. If the inspectors a:Fe willing to perjure themselves they are not sworn. • If not, there is no way to ascertain the fact; and if it was ascertained the districts would control the black portions? Was it the original and reported to the board of supervisors they could not reject the returns, design in carefully putting on every district a certain portion of provided they should be regular on their face. the territory thickly populated with colored people that the white There is no opportunity or means provided by which an illegal voter can be challenged. sections of the districts might overcome the black sections? Was There is no way by which fraud can be detected, except for one or more to that the idea, or what was the idea in carefully shaping the dis stand outside the inclosure and count those who shall go into the poll, and tricts in the way the Senator describes? that would only be efficacious in preventing more votes being counted than were cast. Mr. ALLEN. I would not like to express an opinion on that The "fixer," or "fixers," all of whom may be of the dominant party, is question. I do not know what the design was. I can see, how wholly without responsibility. He is not sworn. ever, what could be accomplished by that. I can see that if it was sh~:!J>::~~~~n~~~~~~~~~h~ ffii~~~;:F~g:!;~onT~e aJht!~c:eu~~~:~sa~~ the design that the white element of the districts should dominate quired to swear that he can not read or write before he can secure the aid of that could easily be accomplished, because they evidently have a the fixer. He is therefore completely at the mercy of the fixer. majority in the e districts. But in my judgment the districting At nearly every poll in the black belt all the inspectors were Democrats and all the fixers of the same party. It was the exception when they were of the State has amounted to a boomerang. The white people in sworn except to take the following oath: "You do solemnly swear that you the districts have been overcome by six or seven thousand major will conduct this election to the best interests of the Democratic party, so ity by the counting of votes in the black belt that in fact never help you God." were cast. With two Democratic and one opposition inspector the following tricks are played: Mr. CHANDLER. Then the result is, as I understand it-and Modus operandi. -The table is so arranged that one Democrat sits on the the Senator will pardon me for alluding to it-that whereas the end to receive the votes. The opposition inspector is behind him1 or partially original design was that the white portion of the districts should so. As the voter gives the Democrat his ticket~ the act is done rmmediately in front of him so that the opposition inspector aoes not see it. When handed overcome the black portion, now fraudulent majorities certified to him, the voter passes out. The Democratic inspector exchanges another up from the black portion overcome the division that has taken made-out ticket, properly certified on the back, passes it to the opposition in place among the whites in the white sections. spector to put in the box. In order to do this the inspector acts so fairly and seems so anxious to do right that suspicion is disarmed and watchfulness Mr. ALLEN. The latter statement of the Senator from New ceases when the work is done. Hampshire is true. As to the other I 1..-now nothing. Another plan is to have a conspiracy to exchange boxes. The election is There, :M:r. President, is the seat of the fraud. It is capable of honestly conducted. When the polls are about to close the fixer on the out side is told how many votes have been polled. He has a box fixed so that ex proof beyond all question and beyond doubt that in many of these actly that number can be put in another similar box, and does it. When the counties, where from three to five thousand and in some instances polls are closed one of the Democrats proposes to go to another room to some 6,000 votes were returned in favor of the Democratic candidate, adjacent building to supper, or some other plan is adopted by which the boxes are exchanged. :Mr. Oates, there were not registered 1,000 voters; in some in Another way is to call out the Democratic candidates from a ticket when stances but very few; and in many instances the vote returned ex the opposition candidates are marked upon it. ceeded the vote in the county by 200 per cent, or relatively so. So Another is for the two Democratic clerks to use the "foot patting" dodge, which consists in marking the Democratic candidates on the tally sheet as that by this system of manipulation and fraud in what is known the opposition candidates are called out to be noted on the tally sheets. In as the black belt, the Populists, Jeffersonian Democrats, and Re order to make the tally sheets correspond, the leading clerk pats the foot of publicans having carried, I think, almost two-thirds of the white the other clerk whenever he shall make a false entry on the tally sheet. In this way every other vote of the opposition can be falsely tallied, and, of counties, by controlling the election machinery in the black-belt course, falsely counted, as the summary is made on the tally sheet. counties, where the colored people stayed away from the registra cl~~:~~~~~~{~ ~~:ri~r fu:~~t:s l~~t~e~tic~~~tsge~fi~l!~~kei£ 1~: tion board and where they stayed away from the polls to a very opposition inspector watches the clerks keep tally the inspector who calls great extent, the entire result of the honest vote cast in that State the names can cheat him of half by falsely calling the names. in the white counties was overcome by this system of political If the opposition inspector kee:ps tally and watches every ticket the calling rapine and fraud. inspector will slip Democratic tickets in the box and steal as many of those Mr. President, what effect does this have? It overturns a re in it out. If the "slipping act" will not work after calling a few minutes and per publican form of Government, and makes it a hiss and.byword, a ceiving that the opposition inspector keeps tally and inspects every ticket, snare and a delusion. the "knock off" job is put up, which consists in accidentally knockin~ the Now, what do the people of that State want? I can not speak box off the end of the table, and, while stooping down to pick it up, stick a handful of the box tickets in the left coat pocket and put a handful of Demo for what is known as the organized Democracy, except to say that cratic tickets in the l:>ox from the right pocket. When this feat is success I hope they will always have their rights regarded as American fully accomplished the opposition is called around to see that no tickets are citizens; but certainly the 83,283 that even these fraudulent re left on the floor and that the box is undisturbed, except the shaking up it got turning boards gave :Mr. Kolb during the gubernatorial contest in the fall. If the tickets in the box should not tally in number with those on the poll list, the crowd turns upon the opposition inspector with great in 1894 have some right to be heard in the Congress of the United surprise that he could not and had not put the tickets handed to him in the States when then· rights as citizens are involved, and have been box or put more than was handed to him, as the number of tickets are trampled upon and disregarded. less or &Teater than the poll list shows. While conscious of innocence, the ~~~~~~on inspector is so embarrassed that he readily accepts any solution Now, let us look for a moment at the consequences. According to the returns of the election of 1894, the election machinery being The bulldozing act is another way to fix tlie opposition inspector so that he in the hands of the organized Democracy to a very great .extent, will either not be so watchful or not kick. This is done by one of the in spectors becoming very angry at the first intimation or insinuation of un perhaps altogether in the black belt counties, William C. Oates fairness. With two inspectors, two clerks, and a returning officer on the received for governor 110,865 votes, and Reuben F. Kolb received other side, the last named being a deputy sheriff to enforce order by stopping 83,283 votes on the face of the returns, thus giving to Mr. Oates a any difficulty from being raised by the opposition inspector's fault-findmg or captious objections, the chances are always good for the "razzle-dazzle" act majority of 27,582. But deduct from Mr. Oates's vote, as it was to work nicely, unless the o:pposition inspector has plenty of nerve and a returned, 37,765 fraudulent votes in the black belt counties, good pistol, with the reputatiOn of using it on very slight provocation. where there was seeminglyno pretense of an honest election (and 1. D..qoing the twenty years which fraud has been practiced at elections in he only had legitimately, according to these returns, 76,100), and 2074 CONGRESSIONAL RECORD-SENATE. · FEBRUARY 12,

MAP OF THE STATE OF ALABAMA SHOWING CONGRESSIONAL DISTRICTS.

FRANKL .IN

MA RJ 0 N

I l

(.) _6 ~ 0 1 WASHINGTO 1895. CONGRESSIONAL REC-OR~SENATE. 2075

olb was elected by a maJ.· ority of 7,183, to say nothing of the evi- condition of poverty and abjBct want P.xists to a degree that I had not a.ntici K ..,,..,..,... 1 pated. It may be justly elarmed that in many parts of Alabama the farmers dence thai I have put in the record here, and that these poovya.e have been reduced to the lowest state- of animal existe11ce. Many of them will be able to prooduce on a hearing, showing that in very many are now in that eonditi.on. and others are :rapidly approaching a condition of instances where Mr. Kolb received a large number of vo.tes they · hunger, and they will be as dan~erous as other hungry animals.. ,.. e1 t-1.. "Colonel Reese has copies of aflidavits obtained by me prim• to his departure. were, to a great extent, and in some :instances absoi.ut Y~ l~e security and have that mentr The duty is imposed upon the National Government to vote counted, I care not to what political party he belong · As guarantee to every State in the Union a republican form of gov an American citizen he is entitled to this~ and it is our duty to ernm.enta 'l'ha.t was. an obligation that we assumed wl;len the assist him in obtaining his rights. Constitution was formed and when it was adopted. It was asap- I hold in my hand the Montgomery Journal of F~bruary 8, parentatthattimeas-itisnow,.andevenmoreso.thatthiscoun- 1895 a Democratic daily paper published at the capital of the try was in danger not only from foes without, but from foes Stat~. I ask the Secretary to read the article I have marked in Within. The struggle of our ancestors to establish this Govern the copy that I send to the desk. ment was a marvelous one, and stands out. in history without a The VICE-PRESIDENTa If there be no objection, the Seer&- parnllel., Our colonies had been un.der the domination of Great tary will read as indicated. . Britain; cOliiillercial union after oommercial union had been The Secretary read as follows: fOI:med between the colonies:, and. the relatiom broken ofE. The:re ALAIDUNG ARE THE POL:ITIGAL ,A,l'fl) 'HIE. FINANCIAL OON»I'l'IONS. SAYS Was great danger of an attempt upon the part of SOme Of the COlO BON. W. H. SKAGGS, A LEADING POPULIST-A GLOOMY PICTliJRE OF THE ' nleS to Set Up for themselVes: a monarchical form of government. UNRES~ OF THE PEOPLE-HE TH:lNKS KOLB COULD PRECIPITATE Civn. Th t ,..,h,.. dan .c.. .._"L- -t b t th ~~- WARm THIS ST.A'n!r-~ES KOLB MA.Y uuSE '11ROUJ3LE IF THE LEG- ere was no o~.r gey .u.om t.lli:li source, ru ere was UJ:~~.U- rsr..ATUIDl FAJLS. TO ACT. ger of invasion from without as well as invasion of one colony by Bon. W. H. Skagg-s, late chainnanof the Jeffersonialllca.mpaign . ~ee,. others. ism this-city, an.dmaninterviewwithaJournall"eyorteT t?-day ~a1~: . There must of necessity be a central power which can control "Sincethela.tterpartof November I have been travelmg prmmpallym theaffairsofthenation. . Forinstance,ifNewYorksho:uldnnder whatisknownasthe'bla.ckbelt' section. In the absenceof anylegal~- take to;....,.,..,de .Rhode Isl~~.t there must be somewhere m· this cess of investigation eviden{]e obtainoo ~of eonrse, ex: parte, lmt affidaVI.ts- L.ll. ~"" ~ have been taken only fromthosewitbwhomlhavepe:rsonalacquaintanee, or nation a power that could check the great. State of N~w York whose ~ood sta.ndingandreputationforveraeityandgoodcharacterhas been from invading and wiping from the political map a State of tne ascertained by careful investigation. In many instances negroes who arere- • f Rh~~~ J~'~'~-d Th _,d t ·a •th th St t :puted to be remble have been in a position to give evidence, but I have SIZe o uuc l:iUWJ! • e power COLU no res:l! eWI e a es mvariably declined to take any information from negi"oes. Of the many.affi- themselves-r for it 'f3.S a power whichr in the nature of thlngsr davits obtained at least 85 per cent of the affiants are ex-Confederate soldier_s. must be exercised by a general and central Government; and for It was generally charged in t~e last campaign ~hat the SUPJ>?rlers of Captain that · · d t t• AI --e Arti 1 IV of t:b. C Kolb, Populists am) Je1fersomans.... were men WJ:t~out ed:uca~n and !Den who purpose, m-my JU gmen -,.sec lOll a vi. c. e .ue on- did not enjoy the confidence ana respect of then- fellow ci:tiz:ens;. m short._ stitu:tion was framed; they were call~d the • rag-tag' element.. I find that this •rag-tag elf>ment is mane np of ex-Confe~erate soldiers. In !llany~ecincts I obse~ed' that evp,ry The United States shall guarantee t~every State in this Union a republiom ex-Confederate· soldier snppoJ"ted the ticket headed by Captam Kolb. This form of gov6ltD1Ile:n.t-- is particalarlly true in Wilcox: and Dallascmmties, wheretheg1reatest frauds That is the first proposition- were perpetrated. u In Dallas Cou:nty a fraudulent majority of· over 5,000was returne1 for Colo- and shall protect each of them against invasion n~l Oates. T. he total vote, as I n.aw :reeaJb was0-,607. I have affidavits to show a steal of over 5,00l votes in that coun.ty. Take, for instance, Brown's beat. The That is the second proposition- fraudulent returns show 317 for Oates and 17for Kolb. Two reputable citizens (one of whom. ha-s been a citizen of Dallas County forthirty-fiveyears, and on application of the legislature, or of the executive (when the Iegia!a. and whose character I am told by Populists and organized Democrats is above tnre can not be convened'), against domestic violence. J'&proach) swear that t~ey were in a. p~tioo. to see eve711 IDa.J?. who entered That is the third proposition of this section. the polling place, and did see every man who entered the polling place fr~m the time the polls opened until they closed; that there were only 17 men, m- I do not propose to consume the time of the Senate in disctiS8- cluding the election manasers and clerks who entered said Pt?lling ~· ing what constitutes a republican form of goYernment. I take it Several citizens in this precmct swear that there are only 20 white voters m th t th 1 hou1d be · •ts -, ·gnifi ti d Brown's beat. This is one of many instances 0ef the frauds :perpetratedin a e anguage s · · gtven 1 pOplllar SI . ca on, an Dallas County. • · that a republican form of government consists in a government "In Wilcox County the frauds were no less barefaced', notorious, and shame- by the people through representatives chosen by themselves. It ful. Therewerenotlexceeding1,031votesa.ctuallycastinWilcaxCounty,yet tf 11 th tif th d ....1 amajorityofabout6,000isreturnedforColonelOatesfromthatcounty. In mus o ow, as a necessaryeonsequence, a egoo peo_p.a.e one precinct in Bullock County three reputable citizens swear t:na.t they saw of Alabama,. 01' any great portion of them,. ru·e deprived of their everx man who entered the polling place.. I have in my possession a list in constitutional righ.t to choose representatives and officers far the d etail givmg the name of every man who entered the polling place. '!'here ontr 11 d · t J! th · aff: · f th 1 cti f were 104 men, and no more, who entered, and yet a fraudulent vote of 313 was C O.t an managem.en 0.1. eir own arrs ~ or e se e on o: return.ed. Of this number, I don't 1·ecall just now how many were given to · local officers and members of Congress, they are deprived of the Oates, but I think it; was over ax>. Dallas and Wilcox are the banner coun- right of republican fo:rm of government. . tles for rascality, but Bnllock, Barbour, Henry, Marengo, Clark, and, in fact, I do not attach any special significance to the word "form" as all the black belt counties and a number o:f the white counties, claimed for Oates~ showe.d shameful records of lawlessness and corruption. I have ob- used_ here. I . undeTIJtand quite. wen that govenunents may differ tainea certified reports showing that registrars in some instances collected substantially and yet be in form the same kind. A gove:rn.ment in th-e full amount Qf their fees for false entries on the registration lists. be nn. ·cal d et be e bl-can in f b t I b li Jeffersonians and Populists in all the black belt counties t:na.t I have visited can very .-j .. anm an Y r pn I o:rm; U e eve elai:m that it is impossib le to ohta.in an indictment against men who practice that it was the design and purpose of the framers of the Constitution this lawlessness, for the reason that in almost every instance the supporters to lodge the power in Congress to guarantee to every State in the m... ~~~~::~~c~~e:r~J:r::ntjt~~~f~~IT;;n pre~ailing in this State is alarm- Union a gm.-emment republican not only in form, but republican ing in the highest degree. 'l'hat which Mr. Carlyle speaks of as a oondition of in substance as well. passive inertia immediately preceding the French revolution is the correct Mr. CHANDLER. H the Senator will allow me, I desire to say picture of ex:isti:ng conditions i:n. Alabama, and the history of the times pre- right upon that point, that the original proposition of this clause ceding that outbreak impresses me as a sto.ry of our own times. The people • th t· ,_.: h fr d th C ....:.t ..:. did t th have so lo:ng been robbed of their votes, insult has been added to injury. and m e conven: 1on W.LllC ame e ons~a U~.LOn no use e the insolence of this lawless element an.d their beneficiaries has. become so word "form." The original proposition was that the United _ bnrdensom.e to t.he great majority of the people that they openly threaten · States should gna:rantee to each Sta.te a repub-lican government, Yif!f;!;!:~~he position of Captain Kolb as unique in the history of our State and when the language was finally settled, although the word and dee1dedlhinteresting. Prior to my personal investigation of existing "form" came in, the meaning unquestionably was exactly as the d~~~= !m~~~h~~P~~~;~~i\e a~~~~ ~ft~~~~~ib'ft Jh~ Senator now construes it, that the United States should guarantee should but speak the wor~ there would be a revolutiDnary onthreakin many to every State a republican government. The word .. form " had parts of the State, that could not be suppressed short of much bloodshed. A no special significance attached to it. The Senator will notice

\. 2076 CONGRESSIONAL RECORD-SENATE. FEBRUARY 12, that if he will review the history of the debates in connection with minate in death; and the guaranty to the nation as a nation, and the formation of the Constitution. to each State as an important part of the nation, can never be Mr. ALLEN. I think at this point I shall turn back to the his fulfilled until this Government takes hold of every individual tory of this provision. throughout the length and breadth of the land and effectually Among the defects in the Articles of Confederation guarantees to him the full measure of his liberties under the Con It is said- stitution. To suffer an individual to be deprived of his rights which were severely felt, was the want of uniformity in cases requiring it, would be like the starting of a disease of the body; unless checked as laws of na.turalization and bankruptcy and coercive authority to act on it would culminate in the death of the State and the nation. individuals, and the guarantee of the internal tranquility of the States. The Mr. President, this guaranty was not left here. Subsequent Federal authority had ceased to be r espected abroad, and dispositions were shown there to take advantage of its imbecility and to speculate on its ap provisions of the Constitution have placed the right of the indi proaching downfall. At home it had lost all confidence and credit; the un vidual citizen beyond all question, and I refer simply and briefly stable and unjust career of the States had also forfeited the respect and con to the language of the fourteenth and fifteenth amendments to fidence essential to order and good government, involving a general decay of the Constitution. The fourteenth amendment provides: confidence and credit between man and man. It was also known that there were individuals who had betrayed a bias toward monarchy, and there had SECTIO~ 1. All persons born or naturalized in the United States, and sub always been some not unfavorable to a partition of the Union into several ject to the jurisdiction thereof, are citizens of the United States and of the confederacies, either from a better chance of figuring on a sectional theater State wherein they reside. No State shall make or enforce anr law which or that the sections would require stronger governments, or, by their hostile shall abridge the privileges or immunities of citizens of the Uruted States· conflicts, lead to a monarchial consolidation. The idea of dismemberment nor shall any State deprive any person of life, liberty, or property without had recently made its appearance in the newspapers. due process of law; nor deny to any person within its jurisdiction the equal When the convention which framed the Federal Constitution had protection of the laws. convened, Mr. Randolph introduced, May 29, 1787, a series of reso Section 1 of the fifteenth amendment is as follows: lutions, the eleventh of which is in thefollowinglanguage. I call The right of citizens of the United States to vote shall not be denied or the attention of the Senator from New Hampshire to this: abridged by the United States or by any State on account of race, color, or previous condition of servitude. Resolved, That a republican government, and the territory of each State, except in the instance of a voluntary junction of government and territory, I read this for the purpose of showing that the doctrine believed ought to be guaranteed by the United States to each State. in by some persons in this country that the citizen must obtain June 5, 1787, the question of guaranteeing to the States a repub his rights exclusively through the State organization is not true. lican foi"ID. of government again came up, and, on the motion of I do not believe that it was ever contemplated that my rights as a Mr. Patterson, was postponed until the question of representation citizen of the United States should be at the mercy of the particu should be decided. lar State in which I happen to reside. It may seem presumptuous in June 11, 1787, we f.re informed by the official history of t:he me to give expression to it, but !never believed in the doctrine that a convention, the question was again presented, alterations having man's right to vote in a republican government was a privilege con been made in the resolution, making it read: "That a republican ferred:upon him by that government, orthatitwas essential to con constitution and its existing laws ought to be guaranteed to each fer it by the fundamental law. State by the United States," and it was agreed to without debate. When a man is born under the flag of a republic he becomes a June 13, 1787, Mr. Gorham reported on behalf of the committee, citizen of that republic, and when born elsewhere and he takes among other things, the following resolution: the oath of allegiance he becomes a citizen of that republic; and Resolved, That a republican constitution and its existing laws ought to be in a republic that rests upon popular sovereignty as its founda guaranteed to each State by the United States. tion, that man carries with him by birth or by naturalization the July 18, 1787, this question was again before the convention, inalienable right to participate in the affairs of the government Mr. Wilson calling up the resolution I have just quoted. Mr. and to cast his vote, if that be the method adopted for the choice Morris "thought the resolution objectionable, as he would be very of officers and the policy it is to pursue. I understand that in unwilling," so he said, "that such laws as then existed in Rhode saying this I am opposed by a long line of decisions of the Su Island should be guaranteed." preme Court of the United States; I am not in ignorance of the The discussion of this provision in Elliot's Debates is very fact that possibly I stand alone in this belief; but I can not con meager. It was claimed on the one hand, and denied on the other, ceive of the existence of an American citizen or a citizen of ·are that Congress should guarantee the laws theJl in existence in the publican government without at the same time considering his Colonies as well as those made in the futm·e. right to participate in that government as natural and as inalien Mr. Wilson said the object "is merely to secure the States able as is the arm or any other member of the human body. It against dangerous commotions, insurrections, and rebellions." is impossible for me to conceive of a man residing in a country, Colonel Mason observed, "If the General Government should and who is said to be a citizen of that country, whose institutions have no right to suppress rebellions against particular Stat.es, it are based upon popular sovereignty, who, under proper regula will be in a bad situation indeed. As rebellions against itself tions, does not possess the right to participate in its affairs. originate in and against undivided States, it must remain a passive I admit, Mr. President, that as a matter of safeguard, and for spectator of its own subversion." the purposes of protecting the Government, we have a right to place 1\Ir. President, I think in that language is embraced the idea certain restrictions upon the exercise of this right of the elective that actuated the framers of the Constitution, that the General franchise; but when proper safeguards have been created a man Government should have power not only to protect the nation as must possess the right to participate in the affairs of the Govern a nation, but to protect every State as an integral portion of the ment under whose flag he lives .and to whose institutions he owes nation. allegiance, else he is not a citizen of that country, or the form of the · The debate ran on from day to day during the existence of the Government is not republican. constitutional convention, and in the draft presented to the con I do not desire to be understood as saying that the States have vention on August 6, 1787, the following language occurs: no rights as States. Our Government is a government of enu The United States shall guarantee to each State a republican form of gov merated powers. If a power is not expressed in the Constitution ernment, and shall protect each State against foreign invasion, and on the or is not necessarily implied to carry out some granted power, it application of its legiSlature, against domestic violence. does not exist, and can not be exercised. Nor am I a believer, This was again changed, as I recollect it, into the form in which upon the other hand, in the doctrine that any State in the Union .I find it in our Constitution now. The debates show that the can say that the General Government can not pass its lines and word'' form" was not discussed. It seems to be assumed that the protect its citizens. When this country guaranteed to every State chief purpose in framing this section of the Constitution was to in the Union a republican form of government, it carried with it give a central or national power by which the nation might pro the power, and the duty as well, to pass the lines of the State that tect itself against foreign invasion, and might protect every State might deny to a citizen any of the privileges or immunities of as an essential part of its own existence against foreign invasion citizenship, and to protect him in their enjoyment. and domestic violence; and not only this, but that it should guar What are the people of Alabama to do? Are they to be deprived antee to every State-and I do not believe that it meant a State for all time of the right to participate in the affairs of this Gov in its technical sense-a republican form of government. I think ernment in its elections, or must they resort to revolution? This the guaranty must be construed to go further; in the nature of can not be tolerated for a moment. Sir, arewepowerlesstoreach things, it must go to the extent of guaranteeing to every citizen out the strong arm of the nation and protect these people who are of a State his right to participate in the affairs of that State and thus suffering and who have been imposed upon? Should we not the affairs of the nation. It will not do to say, if a mere handful exercise this constitutional power, and inquire into the condition of men obtain possession of the official machinery of a State, and of the people of that State as to whether they are enjoying are by force, fraud, violence, or intimidation overawe and overcome publican form of government, and, if we ascertain that their a majority of the people of a State, that that State is enjoying a rights have been taken away fi·om them, fTame such legislation republican form of government. The framers of this great char as will guarantee to them, in common with the people of the ter of our liberties were not foolish enough to reason thus. Union, a republican form of government? This Government can It is essential, in order that an individual may enjoy perfect not endure when it is unjust to its people, when it fails to protect health, that every portion of his body must be healthy; it makes every man, woman, and child beneath the Stars and Stripes. The no difference where disease starts, it will, unless checked, cul- protection must run to every State and Ten'itory in the Union. U 1895. CONGRESSIONAL-RECORD-SENATE. 2077 must be a full realization of the guaranties and rights of the Con braska was Tecognized by the Chair as being entitled to the floor stitution. on yesterday was the regular appropriation bill for the suppol't Having said this much, Mr. President, Ibeg to express the hope of the Post-Office Department. Nothing contained in that bill that, without unnece~sary delay, this resolution will be adopted, related to the government of the State of Alabama, or to its a committee appointed, and an investigation made. election laws, or to any proceedings under such laws in the elec THO.MA.S CORIGA.N. tion of a governor Ol' the members of the legislature or the mem bers of the House of Representatives in Congress, or to the election The VICE-PRESIDENT laid before the Senate the request of of a Senator of the United States for Alabama. These subjects the House of Representatives to return to the House the bill (H. were not in the remotest degree relevant, pertinent, or germane R. 5260) granting an increase of pension to Thomas Corigan, the to any point of the mea-sure that was before the Senate. bill having been adversely reported by the Committee of the It was impossible, in any parliamentary sense, for the Senate to Whole and by error passed the House; and by unanimous consent vote upon any of these subjects while considering that appropria the request was ordered to be complied with and the bill returned tion bill, or upon any motion to expel Alabama from the Union to the House of Representatives. · or her Senators from this Chamber, or to institute an investiga DIPLO.MA.TIC A.ND CONSULAR A.PPROPRIA.TION BILL. tion as to the regularity, justice, honesty, or constitutionality of The VICE-PRESIDENT laid before the Senate the action of the hel' government touching those elections. House of Representatives, disagreeing to the amendments of the _ It is equally impossible for her Senators, with decent respect for Senate to the bill (H. R. 8234) making appropriations for the dip the Senate and a proper regard for the public business, now tore lomatic and consular service for the fiscal year ending June 30, ply to the charges of gross fraud and injustice in some eight or 1896, and requesting a conference with the Senate on the disagree nine of the 66 counties in the State upon which the Senator from ing votes of the two Houses thereon. Nebraska, through an unjustifiable abuse of the privileges of de Mr. BLACKBURN. I move that the Senate insist on its bate, has taken occasion to arraign the State of Alabama at the amendments, and accede to the request of the House of Represent baT of the Senate as a common culpTit. Due respect and defer atives for a conference. ence for the sovereign State they together represent forbid the The motion was agTeed to. Senatol's from Alabama from acknowledging the right of the Sen By unanimous consent, theVice-Presidentwas authorized to ap ate or from admitting its jurisdiction to hear and determine a point the conferees on the partof the Senate, andMr. BLACKBURN, question relating to her rights as one of the sovereign States of the Mr. BRICE, and Mr. HA.LE were appointed. American Union. ENGROSSMENT A.ND El"iROLLMENT OF BILLS. Whatever attitude Congress may have the power to impose upon a State of the Union, it can not be asseTted that either House of The VICE-PRESIDENT laid before the Senate the amendment CongTess, acting alone, can decree that a State is in the Union or of the House of Representatives to the concurrent resolution of out of it, according to its pleasure, nor can an investigation be the Senate providing that during the last ten days of any session lawfully made which has fOT its object such a determination as of Congress the engrossing and enrolling of bills and joint resolu to the rights of a· State, except under a law of Congress duly en tions by printing, as provided for in the concurrent resolution acted and approved. adopted' by the Fifty-third Congress, first session, November 1, Thel'e is no motion pending in the Senate to expel Alabama 1893, may be suspended, and said bills and joint resolutions may from the Union, or her Senators from this Chamber, and the at be written by hand when, in the judgment of the Joint Coffi!Il.it tack of the Senator from NebTaska upon that State is, therefore, tee on Printing, it is deemed necessary. a meTely gratuitous assault. The amendment of the House of Representatives was, in line 1, That it has been made by one who is a stranger to our goveni to strike out "ten" and insert "six," before "days;" so as to read: ment, our laws, and our people, who knows nothing about them "during the last six days of any session." except upon information derived from others, as he has confessed Mr. GORMAN. I move that the Senate concur in the amend in his remarks in the Senate, relieves that Senator from thecate ment of the House of Representatives. gory of being a witness against us, and places him in the more The motion was agTeed to. difficult one of becoming our accuser, upon hearsay, or the ex CONSIDERATION OF PENSION BILLS. parte statements of interested and embittered politicians, and of Mr. PALMER. Unless there be some reason why my applica adding the weight of his Senatorial position and the solemnity tion shall be denied, I ask that the pending appropriation bill be of a hearing before the Senate and the world on the floor of this laid aside informally, and that the Senate give a half hour to the Chamber to those statements. consideration of pension bills on the Calendar. The.Senators from Alabama consider the form and the tim9 and Mr. BLACKBURN. At this time? place selected foT this assault upon their State as a serious abuse Mr. PALMER. At any time most convenient to the Senate. of the privileges of Senators and of the dignity of the body. Mr. BLACKBURN. I trust that that will not be done now. His Temarks in the Senate yesterday and to-day were directed All of yesterday and all of to-day have been utilizedfor some pur (so far as they weTe pointed to any legislative or other result) to pose other than the consideration of the Post-Office appropriation the election of a governor of Alabama, to the election of members bill, and I do hope that now we may be able to get the Senate to of the legislature who had the duty of electing a Senator of the agree to go on with that bill. · United States, and to the election of members of the House of Mr. MORGAN. I desire to submit a few observations to the Representatives in Congress. Senate. He says these seats in the House are being contested. That fact Mr. PALMER. I recognize the paramount necessity of dispos should prevent the Senate from any interference in that matter, ing of the appropriation bills. If the Senator from Kentucky will under the commonest instincts of propriety. The election of a indicate when in his judgment I may properly make the applica governor in Alabama is not a matter that, on any occasion, can tion which I made a moment ago for the consideration of the fall within the jurisdiction of the Senate of the United States to pension bills I will defer to him. decide. The election of members of the legislature that elect Sen Mr. BLACKBURN. How long will it probably require? ators of the United States is a subject that is closed to investigation Mr. PALMER. Not over a half hour, if the Senate is as kind in this Chamber by many decisions of this body. to these bills as it usually is. The laws of Alabama provide for contests of seats in both Mr. BLACKBURN. Then I will ask the Senator from illinois branches of the general assembly, but they Tequire the contestant if it would not be agTeeable to him to take up those bills, say, at 5 to give secmity for costs in such cases. o'clock this afternoon. In the present legislature, consisting, in both houses, of 133 mem MT. PAL1.1ER. It would be perfectly satisfactory. bers, no seat has been contested, notwithstanding the Senator Mr. BLACKBURN. I trust that may be done. claims that his party has 9 representatives in the Senate and 36 in The VICE-PRESIDENT. Is there objection to the request of the house. That burden is assumed by the Senator from Nebraska, the Senator from Illinois? The Chair hears none, and it is so without c.ost or security for costs, upon information derived from ordered. those who hope to gain some reward of office or of allowances for ELECTIONS IN A.LA.BA.MA. making a contest in the way now attempted. Mr. MORGAN. Mr. President, my colleague and I consider They supply him with affidavits, letters, and notes, and he that it is our duty to place upon the records of the Senate a pro lau;:ches them upon the Senate and the w 6rld through the me test which I will now proceed to read. dium of the CONGRESSIONAL RECORD at the expense of the Gov The undersigned Senators, accredited to this body by the State ernment. of Alabama, Tespectfully and earnestly protest against the pro The Senator makes no statement in his place, vouched for upon ceeding in the Senate on the part of the Senator from· Nebraska his responsibility as a SenatOT, of any fact that is derogatoTy to [Mr. ALLEN], which has occupied the attention of the Senate fol' the State government. But, without having submitted these ex near two days, in clear abuse of the parliamentary law, in disre parte statements to anyone who is concerned for the honor or gard of the urgent necessities of the public business, and a rights of that State, he sends them out as proofs of our guilt upon gratuitous assault upon the rights of Alabama as a State of the charges that are not even formulated and in the absence of any Union and upon the character of her government and people. specifications. _ The bill pending before the Senate when the Senator from Ne Broadside assertions are made and the CoNGRESSIONAL RECORD 2078 CONGRESSIONAL RECORD-SENATE. FEBRUARY 12,

is made the vehicle, at public expense, of advertising the personal of the Postmaster-General; and that under the provision as it and political assertions and complainings of men who evade jus has been drawn by the Committee on Appropriations possibly he tice at home and under State laws, and before home judges and might buy cars. The Senator in charge of the bill has suggested jm'ies, and come to the Senate for a hearing which it has no juris an amendment which will prohibit that idea. diction to conduct. This is not the proper forum, nor is it the Mr. BLACKBURN. If the Senator from Maryland will allow proper occasion, nor the proper manner for arraigning a sover me I will hand him the act of 1873. eign State at the bar of the Senate. Mr. GORMAN. Will the Senator kindly read just what the We, as her representatives, decline, on our part, to bring Ala rates are? bama before the Senate upon such accusations, or to make any Mr. BLACKBURN. In answer to the Senator from Kansas I answer to them in the form or manner in which they are pre will read the paragraph in the act of March 3, 1873, that he wants sented, and we ask to spread this our solemn protest against this to hear: unprecedented wrong and indignity upon the records of the For increase of compensation for the transportation of mails on railroad Senate. routes upon the condition and at the rate hereinafter mentioned, $500,000, or so Respectfully, · much thereof as may be necessary: Provided, Th.at the Postmaster-General be, and he is hereby, authorized and directed to readjust the compensation JOHN T. MORGAN. hereafter to be paid for the transportation of mails on railroad routes upon JAMES L. PUGH. the conditions and at the rates hereinafter mentioned to wit: That the mails shall be conveyed with duefreguencyand speed; that1 sufficient and suitable POST-OFFICE APPROPRIATION BILL. room, fixturE's, and furniture, m a car or apartment properly lighted and warmed, shall be provided for route agents to accompany a.nd distribute the The Senate, as in Committee of the Whole, resumed the consid mails; and that the pay per mile per annum shall not exceed the following eration of the bill (H. R. 8272) making appropriations for the serv rates, namely: On routes carrying their whole length an average weight of mails per day of 200 pounds, $50; 500 pounds, 875; 1,000 pounds 100; 1,500 ice of the Post-Office Department for the fiscal year ending J nne pounds, $125; 2,000 pounds, $150; 3,500 pounds, S175; 5,000 pounds, $200, and $25 30, 1896. additional for every additional2,000 pounds, the average weight to be ascer The VICE-PRESIDENT. TheSenatorfromMassachnsetts [Mr. tained, in every case, by the actual weighin~ of the mails for such a number LODGE] makes the point of order against the pending amendment of successive working days, not less than thirty, at such times, after June 00, to the bill. The Chair submits to the Senate the question, Is the t~~t:fe~ z;~l~:rfii:..r those rates have not been made sundry suggestions to bring the expenditures within the reduced by law? amount of the receipts, and one of the propositions presented to Mr. BLACKBURN. Twice. Con~ress is to reduce the payments on account of the chartering Mr. PLATT. Once 10 per cent and once 5 per cent? or hu·ing of the cars known as postal cars. On that item over Mr. BLACKBURN. Yes. $3,000,000 is expended per ann~, and the. statement of the De :Mr. GORMAN. That is true; they have been reduced 5 and 10 partment is that the amount paid every sixteen months for the per cent. use of the cars. the rate being fixed arbitrarily by law over which Mr. PASCO. May I ask the Senator from Maryland a question? the Department has no control whatever, will pay the total cost Mr. GORMAN. Certainly. of the cars. _ Mr. PASCO. What existing law will it be necessary to repeal Wben Congress fixed the rate to be allowed to the railroad com in order to carry out the views of the committee? panies for these cars it was probably within bounds, it was proba Mr. GORMAN. The provision the Senator from Kentucky has bly not too great, but like everything else in the transportation read. of all the products of the world th~ cost h!ls bee_n reduced. Every Mr. PASCO. It does not seem to me that that law needs to be thing has been reduced except this one smgle Item. repealed. Mr. PEFFER. I ask the Senator from Maryland to state at 1vlr. GORMAN. Now, if the Senator will pm"'llit me a moment, this point what is the compensation allowed by Congress. I can understand perfectly the objection of Senators on both sides Mr. GORMAN. I have not the act before me, but I will give of the Chamber but I have in mind for the moment only Senators _ the Senator the information in a few moment~. on the other side of the Chamber that in an expenditure of thjs :MI·. President, there has been no reduction, because the law fixes kind and to this amount it would probably be unwise for Cong1·ess the compensation; but it is admitted on all sides that it is too g1·eat. to put the entire matter in the hands of the Postmaster-General. The Postmaster-General and, I think, the Post-Office Committee, at I think the distinguished Senator from illinois ~·. CuLLoM] alleventsthedistingtlishedSenatorfrom Wisconsin [Mr. VILAs] ,in raised the point that it is too great a power to put m the hands of theii· anxiety to get this expenditure within a reasonable amo1.mt a Postmaster-General. There is force .in that suggestion. I am have brought in any number of propositions, among them one that perfectly well aware that Postmasters-General during my time the Government should pm·chase the cars and own, operate, main have been unable to cope with these gi'eat railroad corporations tain, and repair them. That proposition, it strikes me, would be and keep the expenditures on account of the ordinary can-iage of extraordinary, one not economical, andone which, in my judgment, the mails with the postal-car facilities down to a reasonable the Government should not enter upon. I have no desire to re amount. It is a great power for any man to meet. They have the duce the compensation of the railroad companies beyond a fair and most intelligent corps of attorneys that there are employed in the reasonable amount, but there is no business man in the country United States. It is safe to say that the services of a very large who does not understand perfectly that the arbitrary rate fixed by per cent of all the great men of the country are engaged by one or the act of 1873 is too great and ought to be reduced. the other line of transportation, and I do not know that in my Now, the Appropriations Committee have brought in an amend time I have seen a Postmaster-General strong enough to cope with ment putting the full sum of $3,205,000 in the hands of the Post them and to keep the expenditures of those accounts within proper master-General to be used at his discretion to enable him to re limits. . duce the rate. Senators on the other side of the Chamber have 1\Ir. CHANDLER. Will the Senator let me ask him a question suggested that that is too great a power to place in the hands right there? 1895. CONGRESSIONAL RECORD-SENATE. 2079

Mr. GORMAN. Certainly~ Mr. CAREY. Does the Senator lmow whether the fast mails 1\ir. CHANDLER. I wish to see whether I have not in mind can be continued across this continent if there is a reduction of 10 the substance of the amendment. Because no Postmaster-General per cent? · has been found with courage en.nugh to reduce the maximum Mr. BLACKBURN. We have the authority of the Post-Office rates, therefore we must :remove the maximum and give him Department for saying that this reduction will in no wise affect power to increase. the rates. Is not that the precise proposition the schedules upon which mails aTe now being delivered. When of the committee? the Senator talks about fast mails he is likely either to get confused 1\fr. GORMAN. It is true that the only reductions which have himself or to confuse somebody else. This provision has nothing been made in this expenditure have been made by Congress and to do with the special-facilities fund for fast-mail service. That is not by the Postmaster-General. another paFt of the bill altogether. Mr. CHANDLER. Now, let me ask the Senator how it helps Mr. CAREY. What I want to say to the Senator-- the matter to remove the maximum an.d give the Postmaster .1\fr. HALE.. Mr. President, if the Senator from Wyoming ap General power to pay more? peals to me, I will yield to him. I have the floor, I think. Mr. GORMAN. If the Senator will give me only a moment, I Mr. CAREY.. I beg pardon; I did not know that the Senator think I recognize the force of that objection. I recognize what had the floor. the Senator from New Hampshire and others have said, that they Mr. BLACKBURN. I am not claiming the floor; I have it not. do not want to place this power in the hands of the Postmaster Mr. HALE. I yield to the Se-nato-r from Wyoming if he wishes General, first, because it is wrong in principle; and second, be to ask a q nestion. cause they fear he will not exercise the power if granted to him. Mr. CAREY. I beg the Senator's pardon. · I confess as I find human nature and the present organization and Mr. HALE. I only wish to say that I do not know of any in the past organization of the Post-Office Department the latter vestigation which the Committee on Appropriations has made suggestion strikes me with great force. • justifying it in earning to a conclusion that any abatement or re I believe it is a fact that the great powe:r we now have to con duction of rates or increase of rates is proper now. A certain tend with in the management and control of the transportation of fixed law of the land declru-es what shall be the rates until that our mails is a power greater in this country than any other single law is changed under due- fonn and order. If I have ever seen organization. It almost dictates the policy of Congress as well as any amendment that barely attd boldly in terms declared itself to of the Departments.. I myself, upon reflection, since the amend be general legislation this is one, fo1· it says that appropriating, as ment has been brought in here, have taken the same view. I the other Honse ha.s appropriated, the general fund unde-r existing rather think myself, after what ha.s been said and knowing to law the ·~said snm shall be expe-nded under the direction and in some extent the capacity and the surroundings of this case, that the discretion of the Postmaster-General," which is a change of probably it would be well for Congress again to make a specific law. But that there mi~ht be no question thatitwasa change reduction of 10 per cent. of law and general legislation it goes on and says, "any provi It would not be too great; and I shall ask the Senator in charge sion of existing law in conflict herewith is herebyrepealed.'~ of the pending bill when we reach the propel' point for an amend Mr. BLACKBURN. I call the Senator's attention to the- faet ment to gratify the critics of the amendment reported from the that it has been suggested that that portion of the amendment Committee on Appropriations,. and let us put in the amount of 10 shall be dropped and left ont of consideration. per cent reduction, and then have no question as to the weakness :Mr. HALE. The question of order is upon the amendment as or the strength of the Postmaster-General I think probably that it is submitted now to the Senate as in Committee of' the Whole. would be the better way to meet it. But on the direct question pre l\fr. BLACKBURN. I intend to ask permission to modify the sented to the Senate, I should like the Senate to understand that amendment. whether the amendment is in order or not, it is an amendment that Mr. HALE. Then, taking the hint the Senator has made, that is perfectly just and fair in itself; that it is in the interest of the he abandons the declarative part of the amendment which in people, and does no injustice to the railroads. It is an amendment terms announces that it is change of existing law, I would simply intended to reduce this appropriation; and that has been done say that if yon leave off that declarative part the amendment is over and o~er again in every appropriation l?ill that h~s ever come just the same a change of existing law, and it is general legisla into Congress. There never has been a serious question as to the tion. propriety of considering any amendment that restricts or reduces Senators ought not to be confn.Sed by the term "general legis an expenditure. lation,n becanse if legislation affecting one of the great Depart I submit to the Senate that the bare question which we are to ments of the Government, whether it be the Post-Office, the Treas vote upon in a few moments is that and nothing else. When we ury, the Navy, or the War Department, in its operations is not come to the question of what the compensation ought to be, that general legislation, then there is hardly any general legislation on is a matter fro· each Senator to determine for himself; but at the the statute book. General legislation, a:: I understand it, as used proper time, if the amendment is voted in order, I shall request in the clause of the rules that is invoked here, means legislation the distinguished Senator in charge of the bill to pnt on the follow that is not private legislation. We have the body of general leg ing proviso :i:n lieu of the one that is now pending~ islation every year, the legislation that is enacted at a session of That the Postmaster-General is hereby directed to reduce by10per cent for Congress. approved by the President, and thereby becoming a law. the fiscal year 1896 the rates p:~.id for the fiscal year 1895 for all railroad postal Mr. BLACKBURN. Will the Senator from Maine allow me a cal" service. question? That will bring up the direct question. :Mr. HALE. Certainly. Mr. BLACKBURN. Will the SenatorfromMaryland allowme Mr. BLACKBURN. Under the definition he is llOW giving of to ask him a question? general legislation, is he not somewhat revising the opinion he Mr. GORMAN. With great pleasure. expressed by his vote here recently on the amendment to the Mr. BLACKBURN. Would not the same end be better reached diplomatic and consular bill proposing to appropriate $500,000 for to let the amendment read something after the fashion I will sug a cable? gest? Let it read, after the word "dollars/' in line 16: Mr. HALE. Not in the slightest. Said sum shall be expended under the direction a.nd in the discretion of the Mr. BLACKBURN. That was not general legislation? Postmaster-General, and a reduction of not less than 1(} per cent np:on exist Mr. HALE. That was entirely mfferent from this provision. ing rates shall be made. 1\Ir. BLACKBURN. Yes; it was for a cable. Mr. GORMAN. That would eover the point. Mr. HALE. I did not express myself on the subject whether Mr. BLACKBURN. Leaving out the rest of the italicized it was general legislation or not. amendment proposed by the committee looking to the repeal of 11r. BLACKBURN. I thought the Senator voted that it was existing law. · not general legislation. Mr. CHANDLER. I ask the Senator how we lrnow that 10 per 1\fr. HALE. I voted that it was in order because it was an cent will be the right reduction to make. nounced by everybody; and there are, I may say here-and I should

Mr. BLACKBURN. I do not say it is; I say, "not less than 10 like the attention of the Chair1 though wha.t I am going to say per cent." I would leave it in the discretion of the Postmaster may not be wo-rth listening to-- General, provided he reduced it more than 10 per cent; but I would The VICE-PRESIDENT. The Chair is listening to the Senator. make- it compulsory upon the Depa1-tm.ent to reduce it that much. Mr. HALE. There are very few questions that in the previous Mr. HALE obtained the floor. history of the Senate points of order being made have been sub Mr. CAREY. Will the Senator from Kentucky allow me to ask mitted to the Senate. I listened with some dissatisfaction the him a question? other day to the broad statements made by two or three Senators :Mr. BLACKBURN. Certainly; but I am speaking in the time that the rules of this body amount to nothing and are only made of the Senator from Maryland. to be brpken. I deny that such is the fact. The great body of :Mr. C~<\.REY. I shonld like to ask the Senator from Kentucky the rules of the Senate are clearly dra,wn, easily comprehended, whether the committee has such evidence before it as will justify and are followed by the Senate in doing its business. The Senate it in making this reduction. is an OYderly body. It is emphatically an orderly body. It pro Mr. BLACKBURN. Most certainly. ceeds in order, and when the rules are invoked and points of order 2080 CONGRESSIONAL RECORD-SENATE. FEBRUARY 12,

are made in the previous history of the Senate they have in Mr. HALE. It clearly would not have been in order if the point ninety-nine cases out of a hundred been observed. of order had been made. I do not object-- · There are rare cases where great questions arise, and having Mr. BLACKBURN. If the Senator means to make a point of been submitted upon points of order to the Senate, the Senate order upon the amendment, I certainly am ready to meet it. If it has voted upon the merits of the proposition and not upon the has come to that, I should like to have the Senator from Maine merit of the point of order. But those questions have been rare point me to a rule that strips Congress of the power to reduce the in my experience. I have never known in the consideration of rates of compensation that it is now paying on these contracts for an appropriation bill where points of order are made, sometimes the transmission of the mails. . a hundred on an appropriation bill, that more than one or two in Mr. HALE. It is for the Senator to point out to me a rule under a session would be submitted to the body to decide, but the which he can do it. If a provision were brought in here in an ap Chair, whoever may be in the chair (and we have been fortunate propriation bill that the salaries of members of the Senate and the and are now in having good parliamentarians in the chair), has other House should be $4,000, although that is a reduction, I do decided the question. It is a rare case that any appeal is taken. not suppose that there would be any question but that it would be The rule is invoked, it is read, or is already familiar in the mind subject to a point of order that it c.hanged existing law. The re of the Presiding Officer, the decision is made, and the Senate bows duction of a rate fixed by law is no more in order than the in to it. crease of a rate fixed by law. I have never known in my experience a half dozen cases of ap Mr. BLACKBURN. The rate, the sum that is being paid to peal from the decision of the Chair upon points of order. The these railroad companies has no fixed term of years to run. rules are not to be broken as a general thing, but are made to be Ml·. HALE. I do not speak about funds; but the Senator has kept. The only way the Senate will ever proceed in an orderly just read the classification fixed by law which is upon the statute manner, or in manner of dispatch, to do the business of the Sen books, as to how this shall be done. I do not know whether it is ate, is that points of order, unless they are these rare, great ques right or wrong. I pave not looked into that question. I know tions, shall be decided promptly by the Chair without debate, and that we are undertaking here to change that general law, and that then let any Senator who chooses take an appeal. generally that is not a good thing for us to undertake. Whether That is my observation, and I think that it is necessary for the it will be good in this case I donotknow. I have not investigated conduct of business. I do notbeliave in any other way, with the it; I have had no time to investigate it. great appropriation bills yet to be reached, that we can get thl.-ough I will say to the Senator from Kentucky that he is very the business of the Senate, saying nothing of any measures outside thorough in his preparation about bills he has charge of and bills of the appropriation bills, between now and the 4th day of March in which he is interested, and he has not had time to look into next. The only way will be to execute what has been heretofore this whole question to see whether these rates ought to be re the rule, the practice of the Senate, that the Chair shall decide duced 10 per cent. I do not believe- points of order and then whoever chooses to appeal may take an Mr. BLACKBURN. I beg the Senator's' pardon, but I have appeal. But no appeals are taken, practically. looked into it very thoroughly. Now, as to the question of (Yenerallegislation. When I was di Mr. HALE. If the Senator has he must have sat up nights, verted by the question of theSenator from Kentucky I was trying because he has been very busy here and in the committee. to come to the point of what is general legislation. Some Senators Mr. BLACKBURN. The Senator from Maine is notamember seem to have an idea that any legislation which does not apply to of the subcommittee. _ the solar system or the inhabitants of the earth or the people of the United States is not general. I do not so understand general leg Mr. HALE. The amendment is just the same, I think, subject islation. I understand that our frame of statutes, which comes to a point -of order. to us every year, is made up of general legislation and private leg Mr. BLACKBURN. Very well. Then, 11Ir. President, I under islation, comprehending two classes. When we legislate for a stand the Senator at last, and his proposition now, translated great Department of the Government, when we declare what shall into English, means this, and nothing else: That the railroad com be the operation of the Post-Office Department, which is one of the panies hold vested rights at the figures fixed in the act of March general Departments of the Government, it is general legislation; 3, 1873, and that it is not within the power of an American Con it is legislation such as it is provided in our rules is not in order gress. either now or in the remainder of time or in the stretch of upon an appropriation bill to be· so changed. If there is any argu eternity, ever to reduce their compensation one penny. He has ment that can be made it is that way. Otherwise, as I have said, not asserted the right of eminent domain as involved here, but he you will get nothing construed as general legislation unless it has asserted in plain English that the railroad companies hold treats upon the whole subject of the United States and all the vested rights at present rates of compensation, and that the Con people therein. gress of the United States has no power now, and never can have Therefore, Mr. President, to me it is as plain as day that the any, even under an amendment to the Constitution, to reduce the amendment is itself in form general legislation, declared to be rates of compens~tion paid to these railroad companies. general legislation, and that it is none the less general legislation :r,fr. HALE. If the Senator will allow me, he knows I have because the declarative part is struck off at the suggestion of the made no such statement as that. I have simply said that in this Senator from Kentucky. The body of laws under which the narrow, selected arena of an appropriation bill we can not do it Post-Office Department lives and operates and has its being and where the point of order is invoked. its efficiency declares that these rates shall be fixed by the law at Mr. BLACKBURN. I ::rm perfectly willing to let the Senate certain amounts for each rate. That is the general provision ap pass upon that. · plied to all this service, and whenever we undertake to change it Mr. HALE. I have not said that. On a bill properly br:ought upon an appropriation bill, we are doing it out of order. So, in here, which had been investigated by the appropriate commit upon the rules of the Senate, which I still adhere to and believe tee, of course Congress could do it. I made no such suggestion as should be adhered to, I have no hesitation in voting that this the Senator has stated, but I said we could not do it here. proposition, however much you may divide it and leave off the Mr. BLACKBURN. Very well. We are doing it in a dozen declarative part, still means a change in existing law and is sub instances in this very bill. ject to the point of order. Mr. HALE. I think probably we are. Mr. BLACKBURN. I now propose what I send to the desk, in Mr. BLACKBURN. On last Saturday the Senator from Maine lieu of the amendment printed in italics on page 4, and we will see saw no objection, although a point of order was strenuously urged, whether any objections which have been stated to the proposed to doing that same thing on another appropriation bill, where amendment can be applied to it. there was an opportunity to expend some millions of money in The VICE-PRESIDENT. The amendment will be stated. building a cable across the Pacific Ocean. The SECRETARY. In lieu of the amendment reported by the I am perfectly willing to submit this question to the Senate and committee it is proposed to· insert, after the word" dollars,'~ in let the Senate determine on the modified amendment whether it line 16, page 4: is possible for the Congress of the United States ever to lay its Said sum shall be expended under the direction and in the discretion of the sacrilegious hand upon one penny of the fixed, exorbitant, robber Postmaster-General: Pro-vided, That a. reduction of not less than 10 per cent rates of compensation which are now being paid to these railroad shall be made upon the pre ent rates of compensation: And provided also, companies for the use of the postal cars outside of any contract, That no part of said sum shall be expended for the purchase of postal cars. in fulfillment of no obligation, in redemption of no promise or Mr. HALE. How does the Senator under the rules of the Sen pledge ever given, and in discha1·ge of no obligation that exists ate get any additional jurisdiction against the point of order by either in any court of equity, law, or conscience on this earth. declaring that the amendment shall reduce expenditures? The Mr. MANDERSON. Will the Senator before he sits down kindly other House has that rule. He and I have had service together state to the Senate whether this new amendment is from the Com there and years ago became familiar with that rule; but that mittee on Appropriations or does he offer it individually? rule has never been adopted in the Senate. · Mr. BLACKBURN. I claim tha.t I have the right to offer it. Mr. BLACKBURN. Does the Senator mean to say that when I am in charge of this bill; I have consulted with the other mem Congress on two occasions heretofore has reduced the rate of com bers of the Committee on Appropriations to whom I have had ac pensation on the postal cars it was not in order on an appropria cess; I am offering it with their approval; and I think the Senator tion bill? from Nebraska will bear me out in the statement that, so far as 1895. CONGRESSIONAL REOORD-SENATE. 2081 my observation or experience goes in the Senate Chamber, I never port of a standing or select committee of this body to make such heard the right of a Senator in charge of a bill questioned when an amendment in order. he undertook to modify an amendment that was pending. Mr. BLACKBURN. All I have to say is that this is the first Mr. MANDERSON. I did not understand that this was a modi time-and I repeat it-that I ever knew a Senator to challenge the fication, but that it was the entire abandonment of the amend right of another Senator in charge of a bill to modify an amend ment reported by the committee. ment which he had submitted. Mr. BLACKBURN. By no means. . If the Senator will take Mr. MANDERSON. Idonot. the trouble to read the proposed amendment I do not think he Mr. BLACKBURN. But as the Senator from Nebraska did will need an argument to convince him that it is anything more challenge that right in my case, in order to save time, if it be pos than a modification. sible to do that, I yield, and I assert no right except the right that Mr. MANDERSON. It is a total change of the amendment every member of this body holds in his own individual capacity to proposed by the committee. offer an amendment to an amendment pending. I offer that now. Mr. BLACKBURN. It is not a total change. Mr. HOAR. May I ask the Senator a question? Mr. MANDERSON. A substitute. Mr. BLACKBURN. Certainly. Mr. BLACKBURN. Itisnot. Itisamodificationoftheamend Mr. HOAR. Does the Senator claim that when an amendment ment printed in italics, as the Senator may inform himself by hav is moved by a committee and a point of order is taken to it that ing it read at the desk. a:J!y individual Senator can move an amendment to that amend Mr. MANDERSON. I tried to inform myself on that subject. ment until the point of order is decided? I am very much obliged to the Senator. Mr. BLACKBURN. We can not have it decided until the time - Mr. BLACKBURN. I said the Senator could inform himself the point of order is disposed of. by having it read at the desk. I stated to the Senate, in the plainest language of which I am Mr. MANDERSON. I ask, then, that the proposition reported master, that I proposed to submit a modification of the commit by the Committee on Appropriations be read, and after it the tee's amendment, hoping that it would meet the views of the ob substitute or amendment or modification proposed by the Senator. jector and do away with the necessity of passing upon that point The VICE-PRESIDENT. The Secretary will read as indicated. of order. If that is not the result, and if the point of order is in The Secretary read the amendment reported by the Committee sisted upon, then I want that point of order decided; and, no matter on Appropriations, which was, on page 4, line 16, after the word what may be the decision of the Chair or of the Senate, I shall then "dollars," to insert: move the modified amendment which I have had read at the desk Said sum shall be expended under the direction and in the discretion of the of the Secretary. Postmaster-General, and any provision of existing law in conflict herewith is Mr. MANDERSON. As I understand it, then, it is simply a hereby repealed. notice of an amendment that is to come. Mr. MANDERSON. Now, kindly read the substitute. Mr. BLACKBURN. I had a-sked that it might be accepted, and The SECRETARY. The substitute reads as follows: I heard no objection from any Senator. Said sum shall be expended under the direction a.nd in the discretion of Mr. MANDERSON. What I feared was that the Senator in the Postmaster-Genera]: Provided, That a reduction of not less than 10 per cent shall be made upon present rates of compensation: And pr01Jided also steering his parliamentary ship so that it might avoid Scylla has Tha.t no part of the said sum shall be exp:mded for the purchase of postal lost it on Charybdis. I want to avoid that shipwreck. cars. Mr. BLACKBURN. I trust the Senator will allow me the privi Mr. MANDERSON. I now submit to the Senator whether lege of selecting my own pilot. [Laughter.] that is not substantially a new proposition, involving, a.s it does, The VICE-PRESIDENT. Is there objection to the modification a provision for the reduction of the rates of compensation and of the original amendment as proposed by the committee? excluding any expenditure for the purchase of postal cars. Mr. PLATT. Certainly there is, Mr. President. Mr. BLACKBURN. I think not; but if it will save time I will The VICE-PRESIDENT. There is objection. just accept the situation as this, that the Senator from Nebraska Mr. CAREY. I wish to ask the Senator from Kentucky a ques challenges my right-- tion. He said, in reply to my former question, that I was refer Mr. MANDERSON. No, I do not do that. ring to another provision of the bill. I want to know whether Mr. BLACKBURN. To offer anything in lieu of the amend this bill purposes to pay for fast mails except under this special ment submitted by the committee. I will accept that as the situ provision. ation; I will disclaim any authority or right to do that; and in Mr. BLACKBURN. I will show the Senator that it does not my own individual right as a Senator I now submit that as an pay for them anywhere and does not propose to. As the bill came amendment to the pending amendment. I certainly have that from the House of Representatives that paragraph began with right. line 25, at the foot of page 4, and ran down to and including line Mr. MANDERSON. I submit that if that is the position taken 7, on page 5. The Committee on Appropriations has recommended by the Senator from Kentucky, and if he offers this proposition in that that whole paragraph be stricken out. his individual capacity as a Senator, not as representing the com Mr. CAREY. I have made no allusion whatever to that para mittee, it is subject to the point of order that it has not received graph. the sanction of the favorable report of a standing or select com Mr. BLACKBURN. I understood the Senator did. mittee of this body one day before the consideration of the bill. Mr. CAREY. I ask the Senator this question: If the Commit Mr. BLACKBURN. Does the Senator mean to say that any tee on Appropriations has investigated this question, and if the Senator, the humblest one on this floor, has not a right to offer any reduction is made in the price allowed to these postal cars and the amendment he pleases to any amendment that may be proposed transportation of mails, whether the fast mail across the conti to this bill? nent will be maintained in that connection'? Mr. MANDERSON. I submit this is not an amendment to the Mr. BLACKBURN. What does the Senator mean by "fl:l..st committee's amendment, but a substitute offered by the Senator mail?" in his individual capacity. Mr. CAREY. There is a fast mail leaving the city of Chicago Mr. BL.ACKBURN. I beg the Senator's pardon. He has no at 3 o'cloc'k in the morning, reaching Omaha in the afternoon at right when I offer an amendment to an amendment to insist upon 5, and then proceeding across the continent. As I understand, its being a substitute. The Senator who moves it moves it as a the way we obtain that mail service is not by a subsidy, but by substitute or an amendment, as he pleases. I am astounded that the Postmaster-General diverting the mails from parallel lines to a member of the Committee on Rules, so well versed in parlia that road on condition that the road will run that fast mail. mentary law as the Senator from Nebraska, should intimate that l\1r. BLACKBURN. This provision does not interfere with that any particular Senator in this Chamber has not an unquestion in.the slightest; and so says the Postmaster-General. able right to offer any amendment he pleases to any and every Mr. CAREY. It will interfere with it if it interferes with the amendment that is proposed to this bill. compensation which is allowed. Mr. MANDERSON. But here is the astonishing proposition, Mr. BLACKBURN. If the pending amendment be agreed to, as it seems to me, that, the committee amendment being pending, it does not interfere in any way whatever with the transportation the point of order was made upon it and is pending and not dis of the mails about which the Senator inquires; and so states- the posed of. Postmaster-General. Mr. BLACKBURN. Very well; it has been pending for two Mr. CAREY. It undoubtedly will interfere with that service, days. because it is carried on under this very clause of this bill. Mr. MANDERSON. Pending that, the Senator in his individ Now, I wish to ask the Senator another question, if he will kindly ual capacity submits an amendment which, it seems to me, is a answer it, which is, whether it is in the discretion of the Post very different proposition from that proposed by the Committee master-General as to what compensation shall be allowed? on Appropriations. Mr. BLACKBURN. I would say no, and that for twenty-two Mr. BLACKBURN. The amendment is intended to be di:ffel' years it never has been. ent. Mr. CAREY. That certainly does not alter the law. It fixes Mr. MANDERSON. It is offered by an individual Senator, the maximum rate he may allow, and he is not compelled to allow and I invoke the rule that he must have the sanction of the re- any compensation for the "fast mail. XXVII-131 2082 CONGRESSIONAL RECORD-SENATE. FEBRUARY 12,

The VICE-PRESIDENT. The Chair will submit the question ing that the committee would be under obligations to any Senator to the Senate. Is the proposed amendment in order? who would suggest any modification of the language of the pro Mr. CHANDLER. Mr. President, I have been waiting to say posed amendment that would better accomplish the purpose of the a few words on this important subject. I have not been dispo ed committee, which I avowed then and there~ and that was tore to discuss the point of order, although I agree with the Senator rednce the present existing rates of compensation. from Maine [1\fr. HALE] that, this being general legislation upon Mr. CHANDLER. Mr. President, I do wish to be entirely fair an appropriation bill which changes materially existing law, it is to the Senator, but the Senator is aware that everything that is subject to the point of order. said in the debate is not listened to by the 88 Senators who are Upon the merits of the question I desire to extend my thanks to now entitled to seats upon this floor. The Senator did make an the Senator from Kentucky [Mr. BLACKBURN], representing the opening statement; but if it was intended when this provision was majority of the Committee on Appropriations, who have proposed drawn up to make it a measure of economy and reduction, I did this amendment for relieving me from a very great apprehension not know it until after there had been opposition made to the that I felt on yesterday, and down to a recent period to-day, with clause and quite a debate had taken place upon it. reference to the amendment. I had supposed that the amendment Mr. President, I am not impugning the good faith of the Sena was designed to give unlimited power to the Postmaster-General tor from Kentucky nor the good faith of the Senator from Mary to increase the compensation of the railroad companies for postal land; I a-ccept their statements that the object of the original pro car service to just such an extent as he might choose to go. vision was to reduce the compensation for the postal-car service; I had read the provisions of the statute which provide that but this I am afraid of, that the amendment was drawn fo1· the the compensation for the mail-car service should not exceed cer committee by somebody else, preparet1. perhaps at the Post-Office tain sums, and I had felt that there was safety in those provisions, Department, and that it was brought to the two Senators who now that the Postmaster-General had ample power to reduce the pay take an interest in it and conduct the advocacy of it, and they ments below the sums fixed by the statute, but had no power to were told that it was designed for the purpose of enabling the exceed the maximum fixed by the statute, and here was a provision Postmaster-General to cut down these rates, and as those Senators reported by the committee deliberately, presumably after having are very busy and entirely innocent, they were induced to take a had full consideration in the committee room, which proposed to clause which, on the face of it, as it seems to me, is very objection strike down the maximum sum fixed by the statute and to repeal able to any economist or reformer in this body. all restrictions upon the Postmaster-General, and to allow him to Mr. BLACKBURN. I am sure the Senator wants to be cor take the $3,505,000 and apply it to the railway post-office car serv- rected when he is in error. ice, paying exactly such rates as he chose to pay. . Mr.CHANDLER. Always. Mr. President, that was the proposed amendment as I read It Mr. BLACKBURN. In this case he is a poor guesser, for the yesterday and as I read it now in the printed bill before me, and amendment as italicized in the bill as reported by the committee I felt that that was not only obnoxious to the point of order, but was drafted and redrafted more than a half dozen times by the was a most unwise provision of law. committee, and never was furnished by anybody. It is the policy of the Government to make specific appropria Mr. CHANDLER. Then, Mr. President, I wish the committee tions in all cases where specific appropriations can be made. No had put me out of my misery when the report came in- one knows any better than the Senator from Kentucky and Mr.BLACKBURN. Youwouldnotbehappythen. [Laughter.] the Senator from Maryland [Mr. Gi:>RMAN] that that is the pol Mr. CHANDLER. Instead of holding me here a day and a icy of the Committee on Appropriations, which they have aided half under the impression that here was a very dangerous power during this Congress in conducting so well in this body; and here to be sought for by the Postmaster-General, one that is not in ac they come in and produce a most extensive possible provision, cordance with the existing practices and policy of the Committee which strikes down at one blow every provision of existing law on Appropriations, and whlch was intended to give a dangerous which is to guide the Postmaster-General in the expenditure of power to the Postmaster-General in the expenditure of this this large sum of $3,505,000, and says to him: "Spend that money money. exactly as you please; gi-ve it to what railroad companies you Mr. GRAY. Will the Senator allow me to ask him a question please to give it; take it away from what railroad companies you for information? choose to take it away fi·om; and when you pay it to any railroad Mr. CHANDLER. Certainly. company for postal-car service, pay for that postal-car service ex Mr. GRAY. How does the Senator understand the existing actlv the prices that you choose to pay." law to be in regard to the control of the Postmaster-General over That was the amendment of the committee; that was the amend this appropriation without the committee's amendment? ment that was debated yesterday and the amendment that was Mr. CHANDLER. It is perfectly clear how it is. The Post debated to-day until a few moments ago, when the Senator from master-General can pay for the postal-car service according to Kentucky, upon his responsibility as an individual Senator, pro certain schedules, not exceeding so much money for each postal posed to amend the amendment of the committee and make it, as car that is used. The provision has been read over and over again, he now proclaims and as the Senator from Maryland proclaims, an but it is an important part of the discussion of this subject, and economical provision designed for the purpose of reducing Gov therefore I shall read it again: ernment expenditures. SEc. 400!. Additional pay may be a.llowed for every line comprising a daily M.r. President, I know the Senator from Maryland has been trip each way of railway post-office cars, at a rate not exceeding $25 per mile per annum for cars 40 feet in length; and $30 per mile ~r annum for 45-foot promising us all this session some measure of economy. The Sen cars; and S40 per mile per annum for 50-foot cars; a.nd $50 per mile per annum ator promised it to us upon th~ Dist11-ct of Columbia appropri~tion for 55 to 00 foot cars. bill, and we succeeded m getting a little economy, but very little, And, as the Senator fi·om Illinois [Mr. CULLOM] showed yester upon that bill. The Senator from Maryland has taken the floor day, there have been two reductions in the maximum rate. to-day, and now it appears that here is one of the Senator's meas Mr. President, here is an existing system which has grown up ures of economy; but when you examine the Senator's measure after many years' practice, a system of postal-car service. It has of economy exactly as it comes through the Committee on Ap become a part of the statute law, and it has become a part of the propriations, lo and behold, it is a provision intended to become methods of conducting the Post-Office Department. This appro a part of a statute which takes away every existing limitation and priation, as it has been made hitherto, has been made with refer restriction upon the Postmaster-General in the expenditure of this ence to the e.xistp~ law and with reference to the existing cus large sum of money, and says to him, ''Expend it exactly as you toms of the Post-Vttlce Department, and there has not been the plea!:::e, do with it just what you choose, and you shall be justified in slightest difficulty under that law in having any Postmaster doing this, any provision of existing law to the contrary notwith General cut down the rates if he thought they were exorbitant. standing." That is the measure of economy proposed by the Com I never dreamed when I saw this provision and compared it with mittee on Appropriations! the statute that the object was to reduce expenditures, to reduce Mr. President, I regret that the Senator from Maryland in fram the price to be paid for the postal-car service. I never dreamed ing this provision of the bill in committee, if he had really in that was the result, because the moment I looked at this provision tended it to be what he now says it is to be, a measure of economy of the Revised Statutes I saw that a maximum was fixed, and that and reduction, had not made the fact that this was e0onomy and any Postmaster-General who had courage to do it could cut the reduction to stand right out upon the face of this proposition rate down 10 per cent, 20 per cent, 30 per cent, or could cut it itself, so that we might understand in the beginning that it was down to any per cent he pleased, and there would be no appeal economy and reform which the Senator from Kentucky and the from his decision except to come to Congress and have the Post Senator from Maryland were after, and not, as we read it then and master-General overruled in his projects of reform by an affirm as we must read it now, a measure to remove every restriction ative statute the other way. from the Postmaster-General, to put this enormous sum of money Mr. GRAY. Now, will the Senator as satisfactorily explain wholly at hls discretion and within his power to do with it ex how the committee's amendment will alter and change that a-ctly what he pleases. method of control? Mr. BLACKBURN. I am sure that it is the purpose of the Mr. CHANDLER. The committee's amendment strikes flown Senator from New Hampshire to be entirely fair, and he will the limitations upon the prices to be paid, as the Senator from not forget that the RECORD shows that I stated yesterday morn- Iowa [Mr. ALLisoN] showed yesterday, and here is a provision 1895. CONGRESSIONAL RECORD- SENATE. 2083

that the Postmaster-General shall pay not exceeding certain rates, The bill was reported from the Committee on Pensions with an 1lld the committee bring in a provision which says: amendment, in line 6, after the word ''rate," to strike out '' pro Said suni shall be expended under the direction and in the discretion of the vided for total blindness" and insert "of $30 per month;" so as Postmaster-General, and any provision of existing la.w in conflict herewith is to make the bill read: llereby repealed. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, I authorized and directed to place on the pension roll the name of Joseph Now, ask the Senator from Delaware whether if that provi Porter, la.te a. private in Company K, Eighth New York Heavy Artillery, at sion-- the rate of $30 per month, in lieu of the p ension he now receives. Mr. GRAY. I am askingforinformation. The amendment was agreed to. Mr. CHANDLER. If that provision were to pass exactly as it The bill was reported to the Senate as amended, and the amend was reported by the committee, whether the Postmaster-General ment was concurred in. could not raise rates and pay any price he pleased? The bill was ordered to be engrossed for a third reading, r ead Mr. GRAY. I think he could. I wantedthattobemadeplain. the third time, and passed. Mr. CHANDLER. Then, I ask the Senator whether that was not a suspicious amendment to bring in here, and whether anyone CATHERINE OTT. would have supposed that that amendment was a measure of The bill (H. R. 6868) for the relief of Catherine Ott, widow of economy and reform up to the time the Senator from Maryland Joseph Ott, was considered as in Committee of the Whole. It rose a little while ago and said the object of it was to cut down proposes to place on the pension roll the name of Catherine Ott, expenditures? I do not suppose the Senator from :Maryland in widow of Joseph Ott, late a musician in the Veteran Reserve Corps. tended to lead the Senate to believe that the Senator from Ken The bill was reported to the Senate without amendment, ordered tucky was any less disposed to be economical in this body than he. to a third reading, read the third time, and passed. But the Senator from Maryland seems to have thought that there PAULINE M. POOLER. was some doubt in the minds of the Senate as to what this amend The bill (H. R. 862) granting a pension to Pauline M. Pooler was ment was intended for. So the Senator arose and said the object considered as in Committee of the 'Vhole. It proposes to pay a of it was to cut down expenditures. I say, Mr. President, in all pension of $12 per month to Mrs. Pauline M. Pooler, of Caledonia, good faith, that until the Senator arose and said that, I believed Ohjo, dependent mother of Lawson E. Pooler, late a private in the object of this clause, as it was put in the bill, was to secure Company D, Second Regiment Ohio Volunter Cavalry. It is pro power to the present Postmaster-General to increase the rates of vided that if the widow of the soldier on account of whose sel·v payment for postal-car service. ices the pension is granted shall ever be granted a pension on his Mr. GORMAN. The Senator makes a very broad statement account the pension proposed to be granted by the bill shall now, and not such a one as he ordinarily makes, one which in cease. fact is so far from being accurate, that I think the Senator himself The bill was reported to the Senate without amendment, ordered will be glad to correct it. to a third reading, read the third time, and passed. Mr. CHANDLER. It was accurate as to my belief, Mr. Presi dent, not as to the purpose of the committee. ROBERT KIRACOFE. Mr. GORMAN. No, as to the law. The Senator from New The bill (S. 2207) granting a pension to Robert Kiracofe, was Hampshire understands perfectly that this provision as reported considered as in Committee of the Whole. in the bill with the amendment limits the total expenditure on this The bill was reported from the Committee on Pensions with an account to $3,205,000, and that it is not possible for the Postmas amendment, in line 7, before the word "dollars," to strike out ter-General to exceed that amount. The Senator also knows that "twenty-five" and insert "twelve;" so as to make the bill read: it is not unusual to put in the hands of the Postmaster-General Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, the discretion to use large amounts of money, for in that service authorized and directed to place on the pension roll the name of Robert Kira cofe, late a private in Company G, Eighty-first Ohio Volunteer Infantry,and it can not be otherwise. pay him ~ pension at the rate of $12 per month, in lieu of the amount he is The Senator also knows that the act fixing the compensation now rece1vmg. per car has for twenty years been construed to mean that the The amendment was ~a-reed to. maximum shall be the minimum. The Postmaster-General has The bill was reported to the Senate a.s amended, and the amend so stated, his predecessors have so stated, and if he had the un ment was concurred in. doubted power to use his discretion he would use it and reduce The bill was ordered to be engrossed for a third reading, read the compensation. After the comments of the distinguished the third time, and passed. Senator from illinois [Mr. CuLLOM] and the distinguished Sena tor from Iowa [Mr. ALLISON] it occurred to methatif there could NANCY G. ALLABACH. be any question as to the sincerity of the Post-Office Department The bill (S. 1639) granting a pension to Nancy G. Allabach was or the ability of the Postmaster-General to do it, it would be wise considered as in Committee of the Whole. It proposes to pay a for Congress to say that the reduction shall be at least 10 per pension of $30 per month to Nancy G. Allabach, widow of Peter cent. H. Allabach, late colonel One hundred and thirty-first Pennsyl The Senator from New Hampshire, I think, therefore did my vania Volunteers. self and others who have considered this matter in committee a The bill was reported to the Senate without amendment, or very great injustice in what he said. Our whole object from the dered to be engrossed for a third reading, read the third time, arid beginning, and the provision carries it on its face, was to report a passed. measure for economy, to save three or four hundred thousand dol MARIAN C. GURNEY. lars to the people without crippling the service and without doing The bill (S. 2539) granting a pension to Marian C. Gurney was injustice to anyone. considered as in Committee of the Whole. Mr. CHANDLER. Mr. President-- The bill was reported from the Committee_on Pensions with an The VICE-PRESIDENT. The Chair will remind the Senator amendment, in line 9, after the word" Infantry," to insert the fol from New Hampshire that by the unanimous-consent agreement lowing proviso: at 5 o'clock pension bills were to be taken up. Provided, That if it shall at a.ny time be ascertained that said James W. Mr. CHANDLER. Then allow me to remark that the trouble ~~J~d~~vin.g, then the pension herein granted shall cease to be paid to with the Senator from Maryland is that what he has stated does not appear upon the face of the amendment, but the contrary is So as to make the bill read: clearly to be implied from the face of the amendment as it stood Be it .enacted-< ety., That the Secretary of the ~nterior be\ ~nd he is hereby, auth.or1zed ana directed to plaee on the pensiOn roll, SUDJect to the provi until the motion was made to amend it a little while ago. sions a.nd limitations of the act appro•ed June Z"/, 1890, the name of Marian Mr. BLACKBURN. I wish to call the attention of the Chair 0. Gurney, the indigent widow of James W. Gurney, late a. captain of Com to the fact, if it be necessary to make the statement, that the tak.: pany E, One hundred and twenty-seventh Regiment New York Volunteer In ing up of pension bills at 5 o'clock under the unanimous-consent fantry: Provided, That if it shall at any time be ascertained that said James agreement is not understood as prejudicing or affecting the status : sit~r~do~.living, then the pension herein granted shall cease to be paid of the Post-Office appropriation bill. The amendment was agreed to. Mr. VEST. Certainly not. The appropriation bill will be in The bill was reported to the Senate as amended, and the amend formally laid aside. ment was concurred in. Mr. CULLOM. Certainly not. The Senator from Kentucky The bill was ordered to be engrossed for a third reading, read would have a right to call up the appropriation bill anyway. the third time, and passed. Mr. PALMER. I so understood it when theSenatorfromKen tucky gave me the half hour. I call for the special order. MRS. MARY L. CLARK. The VICE-PRESIDENT. The first private pension bill on the The bill (H. R. 6974) to pension Mrs. Mary L. Clark was con Calendar favorably reported will be proceeded with. sidered as in Committee of the Whole. It proposes to pay a pen sion of $12 per month to Mrs. Mary L. Clark, of Cottonwood Falls, JOSEPH PORTER. Kans., the stepmother of James K . Clark, who was a private in The bill (S. 2141) granting a pension to J oseph P orter was an Company A, One_hundred and tenth Regiment Illinois Volunteers. nounced as first in order, and the Senate, as in Committee of the Mr. HILL. I should like to ask what is the ~ound for thepen Wllole, proceeded to its consider ation. sion which is proposed to be paid? Is not this case covered by 2084 CONGRESSIONAL RECORD-SENATE. FEBRUP.RY 12,

general law? Is there not somewhere or other a general provision an amendment, in line 6, after the word "Florence," to strike out for stepmothers? What is thepointin the case? Itisnotpatriotic " G" and insert " W;" so as to make the bill read: to make any inquiry about pension bills, but oncein awhile curi Be it enacted, etc., That the Secretary of the Interior be and he iS hereby, osity impels one to ask a question. authorized and directed to Jllace on the pension roll, subject to the provisions Mr. COCKRELL. Let the report be read. and limitations of the pens10n laws, the name of Florence W. Buskirk, widow Mr. PALMER. I ask to have the report read. That is the best of John W. Buskirk, late a corporal in Company G, Forty-ninth Regiment ot · explanation. This is a case where the stepmother has been the Indiana Volunteer Infantry, at the rate of $20 per month. actual mother. Mr. PLATT. Is there a report accompanying the bill? The VICE-PRESIDENT. The report will be read. The VICE-PRESIDENT. There is a 1·eport. The Secretary read the report submitted by Mr. P.ALMER Jan Mr. PLATT. I should like to hear it read. uary 29, 1895, as follows: The VICE-PRESIDENT. The report will be read. Mr. PLATT. Perhaps the Senator from illinois [Mr. PALMER] The Committee on Pensions, to whom was referred the bill (H. R. 6974) can explain the bill. granting a pension to Mary L. Clark, have examined the same, and report: The report of the Committee on Invalid P ensions of the House of Repre Mr. PALMER. I should prefer to have the report read. sentatives hereto appended is adopted, and the passage of the bill is recom- Mr. PLATT. I saw that it was an unusual sum, and therefore mended. · asked that the report be read. HOUSE REPORT. The Secretary read the report submitted by Mr. GALLINGER on The Committee on Invalid Pensions have considered the bill (H. R. 6794) to pension Mrs. John H. Clark, and submit the following report: the 4th instant, as follows: · It is shown by the affidavit of George George, S. A. Breese, C. W. Baldwin, The Committee on Pensions, to whom was referred the·bm (S. 2671) grant and Mrs.J. H. Clark, on file with the Committee on Invalid Pensions, and the ing a pension to Florence W. Buskirk, have examined the same,!md report: evidence on file in pension claim of John H . Clark\ dependent father of James Mr. Buskirk when very_ young went into the Forty-ninth Regiment of In K. Clark, who was a private in Company A, One nundred and t enth lllinois diana Volunteers in the War for the Union, and made an excellent record as Volunteers (certificate No. 191886), that Mrs. Mary L. Clark, of Cottonwood a soldier. He was corporal of his company. After his discharge from the Falls, Kans., is widow of the late John H. Clark, and that her husband died Army in 1863, on account of disabilities incurred in the service and in the line at said city on the 29th day of April, 1894, :md that he was a pensioner at the of dut¥, he studied law, and rapidly rose to the head of his profession at rate of $12 per month as dependent father. Bloommgton, Ind. He became one of the best lawyers of his age, although Mrs. Clark was married to the late John H. Clark in October, 1847, and at always infirm on account of his army service. Some four or five years be that time her stepson wasabout four years old. The evidence shows that he fore his death his health entirely broke down, and he became utterly help lived with his father and stepmother until he entered the Army, and she al less. He was pensioned by- the Department on account of total disability in ways cared for him t he same as though he were her own son, and that they curred .in the service and m the line of duty at the full r ate of $72 per month. w ere very fond of each other. For n early four years he was unable to walk a single step, or to dress or The evidence on file in the Pension Office shows that the soldier was never undress hinlself, or to use his hands to convey food to his mouth. In this married, and that f or several y ears before his enlistm ent he worked out and condition his wife, who now survives him, nursed him as a woman would an helped support his father's family, and that after he enlisted he sent part of infant child. All that remained of him was his clear mind, while every want his pay to his father. of his body had to be car ed for by others. Mrs. Buskirk devoted h erself to The soldier, James K. Clark, enlisted Au~st 12,1862, and served until the his care and support without a day's intermission, and hardly an hour's for date of his death, November3,1862, oftyphmdfevercontracted in the service. more than three years and a half prior to his death. She was left destitute1 The evidence shows he was in good health at the date of his enlistment; that when he died, and his~ pension ceased, and she is placed on the roll as his he had typhoid feverNovember,1862; was taken to the hospital at Danville, widow on a pension of $8 per month. She has neither property nor income Ky., where he died. except this small pension. The evidence shows that the stepmother is now73years of age· has a sm all Ron. D. W. VooRHEEs, United States Senator from Indiana, personally ap lot and a little three-room house upon which the taxes are unpaid; that she is p eared before the committee and stated that he was acquainted with the in almost destitute circumstances, and will be a charge upon the county un soldier and his family for many y ears and is personally cognizant of all the less she is allowed this pension. facts herein stated, and to his own knowledge he is satisfied that the widow Her husband was allowed a pension at $8 per month as dependent father in is in extremely needy circumstances. 1888, which commenced on the 4th day of November, 1862,and which was in In view of these exceptional facts and circumstances, your commit tee rec creased to $12 per month, and continued to the date of his death. ommend the pa.ssage of the bill with an amendment, This small yension was the only income the family had, and as the step Amend by striking out the letter" G" in the middle of the name and insert mother marr1ed the father when the son was but 4 years of age, and always "W " wherever it appears. cared for and treated him as her own child, and as the son assisted in the sup port of father and mother for several years prior to his death, and was never The VICE-PRESIDENT. The question is on agreeing to the married, and as the stepmother lived with the father until his death, your amendment of the Committee on Pensions. committee recommend the passage of the bill after being amended by insert The amendment was agreed to. ing the name "Mary L." in lieu of "John H." in line 7, and also in the title of the bill. The bill was reported to the Senate as amended, and the amend· Mr. IDLL. This seems to be a proper case. ment was concurred in. The bill was reported to the Senate without amendment, or The bill was ordered to be engrossed for a third reading, read dered a third reading, read the third time, and passed. the third time, and passed. to The title was amended so as to read: " A bill granting an in MARY R. WILLIAMS. crease of pension to Florence W. Buskirk." The bill (H. R. 7602) to pension Mary R. Williams was consid SAMUEL GOLDWATER. ered as in Committee of the Whole. It proposes to pay a pension The bill (S. 2371) granting a pension to Samuel Goldwater was of $12 a month to Mary R. Williams, widow of Gustavus A. Wil considered as in Committee of the Whole. liams, deceased, late assistant surgeon in the Army of the United The bill was reported from the Committee on Pensions with an States during the Seminole war. amendment, in line 4, after the word" roll,"t-o strike out" subject The bill was reported to the Senate without amendment, ordered to the provisions and limitations of the pension laws" and insert to a third reading, read the third time, and passed. "at the rate of $15 per month;" so as to make the bill read: EUNICE PUTMAN. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll, at the rate of $15 per The bill (H. R. 2051) to grant a pension to Eunice Putman was month, the name of Samuel Goldwater, late of Company A, First R egiment considered as in Committee of the Whole. It proposes to place Missouri Volunteer Infantry, National Guard. on the pension roll the name of Eunice Putman, permanently help less daughter of John Putman, late a private in Company D, One The amendment was agreed to. hundred and eighty-sixth Regiment New York Volunteers. The bill was reported to the Senate as amended, and the amend The bill wasreported to the Senate without amendment, ordel"ed ment was concurred in. The bill wa~ ordered to be engrossed for a third reading, read to a third reading, read the third time, and passed. the third time, and passed. SAMUEL F . TENANT. LOUISA M. SIPPELL. The bill (H. R. 7359) to pension Samuel F. Tenant was con The bill (H. R. 6076) to repeal the special act granting a pension sidered as in Committee of the Whole. It proposes to place on to Louisa M. Sippell was considered as in Committee of the Whole. the pension roll the name of Samuel F. Tenant, late of Company It proposes to repeal an act entitled ''An act granting a pension to F, Fourth Indiana Legion State Militia. Louisa M. Sippell, widow of William E. Sippell, of Company H, The bill wa~ reported to the Senate without amendment, or:. Thirteenth Regiment New Jersey Volunteer Infantry," approved dered to a third reading, read the third time, and passed. September 29, 1890. JAMES H. OSGOOD. The bill was reported to the Senate without amendment, ordered The bill (S. 2654) granting an increase of pension to James H. to a third reading, read the third time, and passed. Osgood was considered as in Committee of the Whole. It pro HIRAM R. RHEA.. poses to pay to James H. Osgood, late a seaman on the United States ship Circassian, a pension of $50 per month in lieu of that The bill (H. R. 4658) granting a pension to Hiram R. Rhea was he is now receiving. · considered as in Committee of the Whole. It proposes to place on The bill was reported to the Senate without amendment, ordered the pension roll the name of Hiram R. Rhea, as of Company G, to be engrossed for a third reading, read the third time, and passed. Third North Carolina Mounted Infantry, at a rate proportionate to the degree of disability from such gunshot wounds as may be FLORENCE G. BUSKIRK. shown to the sati."!faction of the Secretary to have been received The bill (S. 2671) granting an increase of pension to Florence G. at the hands of Confederate soldiers or sympathizers while Rhea Buskirk was considered as in Committee of the Whole. was attempting to cooperate with the Union forces, and provided The bill was reported from the Committee on Pensions with it be shown by the evidence that he was a member of that organi· 1895. CONGRESSIONAL RECORD-SENATE. 2085

zation; and repeals the act entitled "An act granting a pension to WILLIAM B. MATCHETT. Hiran1.R. Rhea," approved March 3, 1871. The bill (S. 2696) granting a pension to William B. Matchett The bill was reported to the Senate without amendment, ordered was considered as in Committee of the Whole. to a third reading, read the third time, and passed. The bill was reported from the Committee on Pensions with an On motion of Mr. PALMER, the title was amended so as to read: amendment, in line 8, before the word "dollars," to strike out "A bill granting a pension to Hiram R. Rhea, and repealing an "twenty" and insert "fifteen;" so a~ to make the bill read: act approved March 3, 1871." Be it enacted~ etc., That the Secretary of the Interior be, and he is hereby, CATHARINE DILLON. authorized ana directed to place on the pension roll, subject to the provisions and limitations of the pensiOn laws, the name of William B. Matchett, chap The bill (S.1238) granting a pension to Catharine Dillon was lain of the Tenth Regiment of New York Volunteers, at the rate of $15 per considered as in Commmittee of the Whole. month, from and after the passage of this act. The bill was reported from the Committee on Pensions with an The amendment was agreed to. amendment, in line 9, before the word "dollars," to strike out The bill was reported to the Senate as amended, and the amend ''twenty" and insert "twelve;" so as to make the bill read: ment was concurred in. Be it enacted, etc .• That the Secretary of the Interior be, and he is hereby, The bill was ordered to be engrossed for a third reading, read authorized and directed to place on the pension roll, subject to the J>rovi the third time, and passed. sions and limitations of the pension laws, the name of Catharine Dillon, of Logansport, Ind., widow of Patrick Dillon, deceased, late a private of Com RICHARD ~ KNIGHT. pany E, Ninth Regiment of lllinois Cavalry, and pay her a pension at the rate of $12 per month. The bill (H. R. 5377) granting a pension to Richard R. Knight - was considered as in Committee of the Whole. It proposes to The amendment was agreed to. place on the pension roll the name of Richard R. Knight, son of The bill was reported to the Senate as amended, and the amend Philip T. Knight, alias Patrick Reardon, late of Company B, ment was concurred in. Thirty-first Regiment Massachusetts Volunteer Infantry, and to The bill was ordered to be engrossed for a third reading, read pay him a pension subject to the provisions and limitations of the the third time, and passed. act approved June 27, 1890. But if any pension be allowed under CATHERINE R. JARDINE, the general laws on account of the above-named soldier, pension The·bill (S. 2460) granting a pension to Catherine R. Jardine, under this act shall cease. widow of Brig. Gen. Edward Jardine, was considered as in Com The bill was reported to the Senate without amendment, ordered mittee of the Whole. to a third reading, read the third time, and passed. The bill was reported from the Committee on Pensions with an MARILLA PARSONS. amendment, in line 7, before the word "dollars," to strike out The bill (H. R. 3988) granting a pension to Marilla Parsons, of "one hundred" and insert "fifty;" so as to make the bill read: Detroit, Mich., was considered a-s in Committee of the Whole. Be it enacted, etc., That the Secretary of the Interior be, and he is hereby, authorized and directed to place on the pension roll the name of Catherine R. It proposes to place on the pension roll, at the rate of $12 per JardineJ..widow of Edward Jardine, late b"!'!gadier-general of the Army of the month, the name of Marilla Parsons, of Detroit, Mich., dependent United ~tates, and pay her at the rate of $5U a month. stepmother of Daniel P. Parsons, late captain of Company D, The amendment was agreed to. Eleventh Missouri Cavalry. The bill was reported to the Senate as amended, and the amend The bill was reported to the Senate without amendment, ordered ment was concurred in. to a third reading, read the third time, and passed. The bill was ordered to be engrossed for a third reading, read ELIZABETH BROWER. the third time, and passed. The bill (H. R. 564:2) granting a pension to Elizabeth Brower, a ELIZABETH A. GRANGER. hospital nurse during the war of the rebellion, was considered as The bill (S. 2148) granting a pension to Elizabeth A. Granger in Committee of the Whole. It proposes to place on the pension was considered as in Committee of the Whole. It proposes to roll, at the rate of $12 per month, the name of Elizabeth Brower, place upon the pension roll the name of Elizabeth A. Granger, formerly a hospital nurse in the war of the rebellion, and to pay widow of RobertS. Granger, brevet major-general, United States the same to her duly appointed guardian or committee. Army, and to pay her a pension at the rate of $50 per month, to ~fr. HOAR. Are not all pensions to persons who are under commence from the 26th day of April, 1894, and to continue dur guardianship paid to guardians of course without a special pro ing her widowhood. vision? The bill was reported to the Senate without amendment, ordered Mr. QUAY. I suppose that would generally be the case, but to be engrossed for a third reading, read the third time, and passed. this lady is insane and she is in an asylum at present. Mr. HOAR. This is a House bill? SARAH E. ROEBUCK. Mr. QUAY. It is a House bill. The bill (H. R. 6131) to grant a pension to Sarah E. Roebuck Mr. COCKRELL. Why should the word "committee" be in was considered as in Committee of the Whole. It proposes to the bill? Who is the committee? There is no such person known place upon the pension roll the name of Sarah E. Roebuck, widow in law. The language of the bill is "and to pay the same to her Lawrence R. Roebuck, late quartermaster's employee, and to pay duly appointed guardian or committee." her a pension at the rate of $12 per month. Mr. QUAY. The" committee" is the name used in the Stat-e The bill was reported to the Senate without amendment, ordered of Pennsylvania. The guardian appointed by the court under an to a third reading, read the third time, and pa-ssed. inquisition of lunacy is called the "committee." MARY A. HALL. Mr. COCKRELL. All right. The bill (S. 2491) granting a pension to Mary A. Hall was con Mr. PALMER. In different States different terms are used. sidered as in Committee of the Whole. It proposes to place on The bill was reported to the Senate without amendment. ordered the pension roll, subject to the limitations and provisions of the to a third reading, read the third time, and passed. ' pension laws, the name of Mary A. Hall, widow of Charles J. ABRAHAM B. PRINCE. Hall, late of Company A, Seventh Regiment of Connecticut Vol Mr. HUNTON. I ask unanimous consent for the present con unteers, and to allow her a pension rated at $12 per month. sideration of the bill (H. R. 8486) to relieve Abraham B. Prince. The bill was reported to the Senate without amendment, ordered There being no objection, the Senate, as in Committee of the to be engrossed for a third reading, read the the third time, and Whole, proceeded to consider the bill; which was read, as follows: passed. Be it enacted, etc., That aU real estate lying in the District of Columbia WILLI.A.M .ARMSTRONG. heretofore purchased by and conveyed to Abraham D. Prince be, and the The bill (H. R. 6985) granting a pension to William Armstrong same is hereby, relieved and exempted from the operations of an act entitled "An act to restrict the ownership of real estate in the Territories to Amer was considered as in Committee of the Whole. It proposes to ican citizens," approved Marc}) 3, A. D. 1887, and all forfeitures incurred by place upon the pension roll the name of William Armstrong, late ~~~tr!rd act in respect to such real estate be, and the same are hereby, a private in Company A, Gray's Battalion Arkansas Volunteers, in the war with Mexico, and to allow him a pension rated at $12 :Mr. HOAR. Was not such an act passed by the Senate in the per month. last Congress? The bill was reported to the Senate without amendment, ordered Mr. HUNTON. No, sir; it was a statute passed in 1887, for to a third reading, read the third time, and passed. bidding foreigners to hold real estate. This man came to this JULI.A. WEEKS. country when an infant, and supposed he was naturalized by the The bill (H. R. 6433) granting an increase of pension ;to Julia naturalization of his father. Weeks was considered as in Committee of the Whole. It proposes Mr. HOAR. I thought we passed a statute for his benefit a year to place on the pension roll the name of Julia Weeks, of Allegan, or two ago. Mich., widow of Capt. Harrison S. Weeks, Eighth Cavalry, and to Mr. HUNTON. Oh, no. pay her a pension of $30 per month, the same to be in lieu of the The bHI was reported to the Senate without amendment, or pension now drawn by her. dered to a third reading, read the third time, and passed. The bill was reported to the Senate without amendment, ordered PUBLIC BUILDINGS L'i WINSTON-SALEM, N. C. to a third reading, read the third time, and passed. Mr. RANSOM. I ask the unanimous consent of the Senate for 2086 CONGRESSIONAL RECORD-SENATE. FEBRUARY 12, the present consideration of the bill reported to-day favorably of the private property belonging to officers, petty officers, seamen, and from the Committe on Public Buildings and Grounds, being the others in the naval service of the United States which has been or ma:y here bill (S. 2663) to provide foT the erection of a public building in :~~ lost and destroyed in the naval service, under the following Clrcum- the cities of Winston-Salem, N.C. First. When such loss or destruction was without fault or negligence on There being no objection, the Senate, as in Committee of the the part of the claimant. Second. Where the private property so lost or destroyed was shipped on Whole, proceeded to consider the bill, which had been reported board an unseaworthy vessel by order of any officer authorized to give such from the Committee on Public Buildings and Grounds with order or direct such shipment. amendments. Third. Where it appears that the loss or destruction of the private property was not the fault or negligence of the claimant. And the amount of such 1\ir. PLATT. I wish the Senator from North Carolina would loss or losses so ascertained and determined upon settlement by the account explain why this building is to be built in the cities of Winston ing officers of the Treasury shall be paid out of any money in the Treasury Salem. Are they two cities? not otherwise appropriated, and shall be in full for all such loss or damage: Provided, That any claim which shall be presented and acted upon under Mr:R... lliSOM. Yes, sir. Ai3 I thought my friend from Con authority of this act shall be held as finally determined, and shall never there necticut knew, they are known as twin cities in North Caro after be reopened or considered: And p1·ovided further, That this act shall lina. The two cities come right together; there is just a street not apply to losses sustained in time of war: .And provided fttrthel·, That the liability of the Government under this act shall be limited to such articles of between; and the public building will answer for both places. personal property as is required by the United States Naval Regulations, 1\fr. PLATT. That is all right. and in force at the time of loss or destruction for such officers\ petty officers, The VICE-.PRESIDENT. The amendments of the committee seamen, or others engaged in the public serVIce,1 in the line of auty: And pl·o videdfurther, That the amounts which have been paid to personsm then..1.val will be stated. service under sections 288, 289, and 290 of the Revised Statutes shall be de The amendments were, in line 12, to strike out "two" before ducted in the settlement of all claims under this act: And provided further, ''hundred" and insert ''one," and in line 13, to strike out '' two" That nothing in this act shall be so construed as to authorize the payment to any officer, petty officer, seaman., or other person of any article or articles before" hundred" and insert "one;" so as to read: except such as are required by tne United States Naval Regulations in the That the Secretary of the Treasury be, and he is hereby, authorized and performance of their official duties: And providedfurthe1·, Tliat the value of directed to acquire, by purchase or otherwise, a site, and cause to be erected the article or articles lost or destroyed shall be their value at the date of loss thereon a. suitable building, including fireproof vaults, heating a.nd ventilat or destruction: And pl-ovidedfurther, That all claims now existing shall be ing apparatus, elevators, and approaches, for the use and accommodation of presented within two years, and not after, from the ~assage of this act; and the lJnited States post-office and other Government offices in the cities of all such claims h ereafter arising l:>e presented withm two years from the Winston-Salem, State of North Carolina, the cost of said site and building, in occurrence of the lo s or destruction. That nothing in this act shall be con cluding said vaults, heating and ventilating apparatus, elevators, and ap strued to authorize the reopening or payment of any claims for losses on ves proaches, complete, not to exceed the sum of $150,, which said sum. of $150,- sels sunk or otherwise destroyed prior to August 20, 1884. 000 is hereby appropriated for said purpose, out of any moneys in the United :Mr. COCKRELL. Those provisions are not applicable to the States Treasury not otherwise appropriated. Tallapoosa alone? The amendments were agreed to. Mr. CHANDLER. No; it is a general measure, applicable to The bill was reported to the Senate as amended, and the amend- all losses of this kind. The object is to substitute a general bill ments were concurred in. · for the special bill. I will let it go over until to-morrow. Let it The bill was ordered to be engrossed for a third reading, read go back on the Calendar. the third time, and passed. ::M:r. COCKRELL. To 1·etain its present place? FRONTIER GUARDS. Mr. CHANDLER. To retain its place on the Calendar, having Mr. MARTIN. I ask the courtesy of the Senate to consider the been read. The substitute is bl"oader in some respects than I sup bill (S. 2372) to authorize and direct the Secretary of War to place posed. I will let it remain on the Calendar. on file in the War Department the names of the officers and mem The VICE-PRESIDENT. The bill will go over, retaining its bers of the Frontier Guards, mustered into the volunteer military place on the Calendar. service of the United States on the 16th day of April, 1861, and JAMES GRACE. issue discharges to the same. Mr. PASCO. I ask unanimous consent that the Senate now By unanimous consent, the Senate, as in Committee of the Whole, consider the bill (S.1530) for the relief of James Grace. proc-eeded to consider the bill. By unanimous consent, the bill was considered as in Committee The bill was reported from the Committee on Military Affairs of the Whole. It proposes to pay $155 to James Grace, of Wash with amendments, in line 6, after the word "guards," to insert -ington, in the District of Columbia. "alleged to have been;" in line9,after the word "furnish," toin The bill was reported to the Senate without amendment, or sert "proof;" in line 10, after the word "satisfactory," to strike dered to be engrossed for a third reading, re<~.d the third time, and out "proof" and insert" to the Secretary of War;" in the begin passed. ning of line 11, to strike out '' comrades" and insert '' members;'' CIRCUIT COURTS OF APPEALS. and in line 12, before the word "military," insert "such;" so as to Mr. HOAR. I ask leave to call up the bill (H. R. 5216) to amend make the bill read: the act entitled "An act to establish circuit com·ts of appeals and Be it enacted, etc., That tha Secretary of War be, and he is hereby, author ized and directed to place upon the files of the War Department the names to define and regulate in certain cases the jurisdiction of the courts of the officers and men of an organization known as the Frontier Guards, of the United States, and for other purposes," approved March 3, alleged to have been regularly mustered into the volunteer military service 1891. of the United States on the 16th day of April, 1861, and issue discharges to such of them as shall furnish proof satisfactory to the Secretary of War, by There being no objection, the Senate, as in Committee of the affidavits of members or officers of said organization, that they rendered such Whole, proceeded to consider the bill. military service and were honorably discharged; said discharges shall be in The bill was reported from the Committee on the Judiciary with the form and language used by James H. Lane, captain of said Frontier Guards in issuing discharges therefrom: Pi·ovided, That none of said officers an amendment, to insert at the end of the bill the following ad or men 'shall be entitled to pay, or allowance, or bounty, or pension by reason ditional proviso: of service in such guards. And pr:ovidedfurther, That the court below may in its discretion require as The amendments were agreed to. a condition of the appeal an additional injunction bond. Mr. MARTIN. In line 13 I move to insert the word "substan The amendment was agreed to. tially" after the word "be," and to strike out "and language," in The bill was reported to the Senate as amended, and the amend the same line; so as to read: ment was concurred in. Said discharges shall be substantially in the form used by James H. Lane, etc. The amendment was ordered to be engrossed, and the bill to be The amendment was agreed to. read a third time. The bill was reported to ihe Senate as amended, and the amend The bill was read the third time, and passed. ments were concurred in. WINNEBAGO INDIANS IN MINNESOTA. The bill was ordered to be engrossed for a third reading, read Mr. PETTIGREW. I ask unanimous consent for the present the thh·d time, and passed. consideration of the bill (H. R. 7731) for the relief of certain Win LOSS OF PERSONAL PROPERTY IN NAVAL SERVICE. nebago Indians in Minnesota. There being no objection, the Senate, as in Committee of the Mr. CHANDLER. I ask for the present consideration of the Whole, proceeded to consider the bill. bill (S.1201) for the relief of the sufferers by the wreck of the The bill was reported to the Senate without amendment, ordered United States steamer Tallapoosa. to a third reading, read the third time, and passed. By unanimous consent, the Senate, as in Committee of the The preamble was agreed to. Whole, proceeded to consider the bill. Mr. COKE. I move that the Senate proceed to the considera Mr. CHANDLER. I ask that the amendment proposed by the tion of executive business. Senator from Maine [Mr. HALE] be read instead of the bill. 1\ir. HOAR. I hope the Senator will allow us to go on just five Mr. HARRIS. Is that a substitute for the bill? or ten minutes longer. Mr. CHANDLER. It is a substitute for the bill. Mr. QUAY. I hope the Senator from Texa,s will withdraw the The VICE-PRESIDENT. The proposed substitute will be read. motion. The SECRETARY. Strike out all after the enacting clause and Mr. COKE. I will withdraw the motion for a few minutes. insert: PUBLIC BUILDING AT POTTSVILLE, P A.. That the proper accounting officers of the Treasury be, and they are hereby authorized and directed to ~xamine into, ascertain, and dete.rmine the value Mr. QUAY. I ask unanimous consent for the present consid- 1895. CONGRESSIONAL RECORD-SENATE. 2087

eration of the bill (H. R. 155) to erect a public buildings at Potts John B. Sweeney, to be postmaster at Hagerstown, in the county ville, Pa. of Washington and State of Maryland, in the place of James P. There being no objection, the Senate, as in Committee of the Harter, whose commission will expire February 14, 1895. Whole, proceeded to consider the bill. John C. Curtin, to be postmaster at Helena, in the county of The bill was reported to the Senate without amendment, ordered Lewis and Clarke and State of Montana, in the place of Tilghman to a third reading, read the third time, and passed. H. Clewell, whose commission expires March 3, 1895. Asa F. Hollabaugh, to be postmaster at Falls City, in the county PUBLIC BUILDING AT BROCKTON, MASS. of Richardson and State of Nebraska, in the place of Edward J. Mr. VILAS. I move that the Senate proceed to the considera- Holdbrook, deceased. tion of executive business. · August Kleine, to be postmaster at West Point, in the county Mr. HOAR. I have one public-building bill, which is a small of Cuming and State of Nebraska, in the place of Anton J. Langer, one and which has been waiting for a great many years, which I whose commission will expire February 14, 1895. should like to have considered. Euclid Martin, to be postmaster at Omaha, in the county of .1\1:1·. HJLL. Is there any more money in the Treasury, Mr. Douglas and State of Nebraska, in the place of T. S. Clarkson, President? whose commission expired October 1, 1894. / 1\fr. HOAR. I ask the Senator from Wisconsin to withdraw his Arthur L. Morse, to be postmaster at Atkinson, in the county motion that I may call up the bill to which I refer. of Holt and State of Nebra£ka, in the place of James L. :McDon Mr. VILAS. I give way to the Senator from Massachusetts. ald, removed. Mr. HOAR. I ask unanimous consent for the present consid John R. Stannard, to be postmastm· at Boonville, in t e county -eration of the bill (H. R.116) for the erection of a public building of Oneida and State of New York, in the place of Garry A. Willard, at Brockton, Mass. whose commission expired January 27, 1895. There being no objection, the Senate, as in Committee of the Timothy J. Williams, to be postmaster at Richwood, in the Whole, proceeded to consider the bill. county of Union and State of Ohio, in the place of John W. Craw The bill was reported to the Senate without amendment, ordered fOTd, whose commission expired February 9, 1895. to a third reading, read the third time, and passed. J. Miller Bloom, to be postmaster at Clearfield, in the countyo~ HOME FOR DESTITUTE COLORED PERSONS. Clearfield and State of Pennsylvania, in the place of Albert M. • Mr. PEFFER. I ask unanimous consent for the present con- Row, whose commission expired September 30, 1894. sideration of the bill (H. R. 7095) to provide for the erection of a 1Iartin J. Conley, to be postmaster at Warren, in the county of national home for aged and infirm colored persons, and for the BTistol and State of Rhode Island, in the place of William B. maintena:z:~ of the inmates thereof. Nichols, deceased. Mr. HILL. Does it take any money? Charles F. Easterbrooks, to be postmaster at Bristol, in the county Mr. PEFFER. No; it is money that is ah·eady on hand. of Bristol and State of Rhode Island, in the IiJ.ace of William .M. Mr. COCKRELL. Mr. President, it is not right to ask for the Gor~aJ?, whose commission will expire February 14, 1895. consideration of that bill at this time. I am not fighting the bill, William L. Izlar, to be postmaster at Orangeburg, in the county but the Senator knows perfectly well that there are two or three of Orangeburg aild State of South Carolina, in the place of Philipp Senators who have always insisted on being present when that Gerlach, whose commission expired December 18, 1894. bill is considered. F. G. Edmiston, to be postmaster at Crockett, in the county of Mr. VILAS. I was about to make a statement similar to that Houston and State of Texas, in the place of Frank H. Hill, whose made by the Senator n·om Missouri. commission expired January 6, 1895. The VICE-PRESIDENT. Does the Senator from Wisconsin Henry M. Fitzgerald, to be postmaster at Greenwich, in the object? county of Fairfield and State of Connecticut, in the place of Wil Mr. VILAS. I do not myself object to the consideration of the liam E. Ritch, whose commission expired February 9, 1895. bill, but I understand there is objection to it. Charles G. Kr.ess, to be postmaster at Lewiston, in the county Mr. COCKRELL. I am not making any objection personally, of Nez Perces and State of Idaho, in the place of John L. Chap but I know that if the bill should be passed a motion to recon man, removed. sider would be entered, and it would be of no earthly use to pass George W. Harmon, to be postmaster at Auburn, in the county the bill. of Nemaha and State of Nebraska, in the pla.ce of Rush 0. Fel Mr. VEST. What is the bill? lows, whose commission expired February 9, 1895. Mr. PEFFER. It is a bill to provide for the erection of ana James D. Leming, to be postmaster at Broken Bow, in the county tional home for aged and infirm colored persons and for the main of Custer and State of Nebraska, in the place of W. A. Gilmore, tenance of the inmates thereof. removed. Mr. COCKRELL. The Senator from Maryland [Mr. GoRMAN] Thomas Regan, to be postmaster at Crawford, in the county of has objected to that bill time and again. Dawes and State of Nebraska, in the place of John B. Groton, Mr. VILAS. I think, Mr. President, I mustlnsist on my motion whose commission will expire February 27, 1895. that the Senate proceed to the consideration of executive business. Rockwell B. Mitchell, to be postmaster at Bridgeport, in the The VICE-PRESIDENT. The question :is on agreeing to the county of Belmont and State of Ohio, in the place of Johnson motion of the Senator from Wisconsin. Brown, whose commission expired January 19, 1895. The motion was agreed to; and the Senate proceeded to the con ASSOCIATE JUSTICE. sideration of executive business. After ten minutes spent in execu . Gideon D. Bantz, of New Mexico Te~ritory, to be associate jus tive session the doors were reopened, and (at 6 o'clock and 15 min tice of the supreme court of the Terntory of New Mexico vice utes p.m.) the Senate adjourned until to-morrow, Wednesday, Albert B. Fall, resigned. ' February 13, 1895, at 12 o'clock m. SURVEYOR OF CUSTOMS. NOMINATIONS. Bartholomew Kennedy, of Iowa, to be sm·veyor of customs for the por~ of Des Moines, in the State of Iowa, to succeed John C. Executive nominations received by the Se:nate Februm-y 12,1895. Hotchkiss, removed. POSTMASTERS. PROMOTIONS IN THE NAYY. J. H. Hudson, to be postmaster at Pine Bluff, in the county of Asst. Engineer John T. Myers, to be a second lieutenant in the Jefferson and State of AI· kansas, in the place of James M. Hudson, Marine Corps, to take rank next after Second Lieut. Thomas S. t·emoved. Borden. Jefferson D. Adams, to be postmaster at Rico, in the county of Second Lieut. Walter Ball, United States Marine Corps, to be Dolores and State of Colorado, in the place of Joseph Meredith, an 3:ssistant engineer in the Navy, to take rank next after Asst. whose commission expired January 9, 1895. Engmeer Raymond D. Hasbrouck. David R. Post, to be postmaster at Deep River, in the county of Middlesex and State of Connecticut, in the place of Charles A. Kirtland, whose commission expired February 9, 1895. CONFIRMATIONS. W. C. BTem.erman, to be postmaster at Boone, in the county of Executive nominations confirmed by the Senate February 12, 1895. 'Boone and State of Iowa, in the place of William B. Means, whose commission expired December 13, 1894. POSTIUASTERS. James A. Jackson, to be postmaster at Howard, in the county A. C. Dixon, to be postmaster at Kilbourn City, in the county of of Elk and State of Kansas, in the place of Joseph B. Dobyns, Columbia and State of Wisconsin. whose commission expired January 31,'1895. John W. Hanson, to be postmaster at Lake Mills, in the county Abram Claude, to be postmaster at Annapolis, in the county of of Jefferson and State of Wisconsin. Anne Arundel and State of Maryland, in the place of Washington Euclid Martin, to be postmaster at Omaha, in the county of G. Tuck, whose commission expired June 14, 1894. Douglas and State of Nebraska.